Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 16, 2021 |
signed chap.56 |
Apr 07, 2021 |
delivered to governor |
Apr 06, 2021 |
returned to assembly passed senate message of necessity - 3 day message message of necessity - appropriation 3rd reading cal.653 substituted for s2506c |
Apr 06, 2021 |
substituted by a3006c ordered to third reading cal.653 print number 2506c |
Apr 06, 2021 |
amend (t) and recommit to finance |
Mar 13, 2021 |
print number 2506b |
Mar 13, 2021 |
amend (t) and recommit to finance |
Feb 24, 2021 |
print number 2506a |
Feb 24, 2021 |
amend (t) and recommit to finance |
Jan 20, 2021 |
referred to finance |
Senate Bill S2506A
Signed By Governor2021-2022 Legislative Session
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2021-2022 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status Via A3006 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Apr 6, 2021
aye (55)- Addabbo Jr.
- Bailey
- Benjamin
- Biaggi
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- Oberacker
- Palumbo
- Parker
- Persaud
- Ramos
- Rath III
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
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Apr 6, 2021 - Finance Committee Vote
S2506A19Aye3Nay1Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
2021-S2506 - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2021-S2506 - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2021-2022 state fiscal year; relates to school contracts for excellence; provides for a pandemic adjustment payment reduction; relates to aidable transportation expenses
2021-S2506 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2506 A. 3006 S E N A T E - A S S E M B L Y January 20, 2021 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the education law, in relation to school contracts for excellence; to amend the education law, in relation to the purchase and use of school textbooks, school library materials, and computers; to amend the education law, in relation to the apportionment of public moneys to school districts employing eight or more teachers; to amend the education law, in relation to special apportionments and grants- in-aid to school districts and to moneys apportioned for board of cooperative educational services aidable expenditures; to amend the education law, in relation to the local district funding adjustment; to amend the education law, in relation to pandemic adjustment payment reduction; to amend the education law, in relation to aidable trans- portation expense; to amend the education law, in relation to the statewide universal full-day pre-kindergarten program; to amend the education law, in relation to moneys apportioned; to amend the educa- tion law, in relation to waivers from certain duties; to amend the education law, in relation to the New York state mentor teacher-in- ternship program; to amend the education law, in relation to the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to the national board for profes- sional teaching standards certification grant; to amend the education law, in relation to charter school aid; to amend chapter 507 of the laws of 1974, relating to providing for the apportionment of state monies to certain nonpublic schools, to reimburse them for their expenses in complying with certain state requirements for the adminis- tration of state testing and evaluation programs and for participation in state programs for the reporting of basic educational data, in relation to the calculation of nonpublic schools' eligibility to receive aid; 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 reimbursement
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12572-01-1 S. 2506 2 A. 3006 for the 2021-2022 school year; 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 withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend 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, in relation to the effectiveness thereof; to amend 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 the effectiveness thereof; relates to school bus driver training; relates to special apportionment for salary expenses and public pension accruals; relates to authorizing the city school district of the city of Rochester to purchase certain services; relates to suballocations of appropriations; relating to the support of public libraries; to repeal section 3033 of the education law relating to the New York state mentor teacher-internship program; to repeal section 3612 of the education law relating to the teachers of tomorrow teacher recruitment and retention program; and to repeal section 3004-a of the education law relating to the national board for professional teaching standards certification grant (Part A); to amend the business corporation law, the partnership law and the limited liability company law, in relation to certified public accountants (Part B); to amend the education law, in relation to registration of a new curriculum or program of study offered by a not-for-profit college or university (Part C); to amend the education law, in relation to extending state university of New York procurement flexibility and authorizing the state university of New York to purchase services from a consortium; and to amend part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, procurement and the state university health care facilities, in relation to the effective- ness thereof (Part D); to amend the education law, in relation to predictable tuition allowing annual tuition increase for SUNY and CUNY schools; and to amend chapter 260 of the laws of 2011, amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof (Part E); extending scholarship program eligibility for certain recipients affected by the COVID-19 pandemic (Part F); to amend the education law, in relation to establishing the amount awarded for the excelsior scholarship (Part G); to amend the executive law, in relation to facilities operated and maintained by the office of children and fami- ly services and to authorize the closure of certain facilities oper- ated by such office; and to repeal certain provisions of such law relating thereto (Part H); to amend part N of chapter 56 of the laws of 2020 amending the social services law relating to restructuring financing for residential school placements, in relation to making such provisions permanent (Part I); to amend part G of chapter 57 of the laws of 2013, amending the executive law and the social services law relating to consolidating the youth development and delinquency prevention program and the special delinquency prevention program, in S. 2506 3 A. 3006 relation to making such provisions permanent (Part J); to amend part K of chapter 57 of the laws of 2012, amending the education law, relat- ing to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to the effectiveness thereof (Part K); to amend the social services law and the family court act, in relation to compliance with the Federal Family First Prevention Services Act (Part L); to amend the social services law, in relation to differential response programs for child protection assessments or investigations (Part M); to amend the judiciary law, in relation to authorizing the chief administrator of the courts to establish veterans treatment courts; and to amend the criminal proce- dure law, in relation to the removal of certain actions to veterans treatment courts (Part N); to utilize reserves in the mortgage insur- ance fund for various housing purposes (Part O); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part P); to amend the state finance law, in relation to authorizing a tax check-off for gifts to food banks (Part Q); to amend the executive law, in relation to expanding the scope of the application of subdivi- sion 4 of section 296 of such law to private educational institutions (Part R); to amend the executive law, in relation to prohibiting discrimination based on citizenship or immigration status (Part S); to amend the labor law, in relation to unemployment (Part T); to amend the private housing finance law, in relation to exempting certain projects from sales and compensating use taxes (Part U); to amend the social services law and the abandoned property law, in relation to the transfer of unclaimed support collections and unidentified payments; to amend the family court act and the domestic relations law, in relation to making conforming changes; to repeal certain provisions of social services law relating thereto; and to repeal paragraph (c) of subdivision 1 of section 600 and subdivision 3 of section 602 of the abandoned property law, relating to moneys paid to a support bureau of a family court (Part V); to allow employees to take paid time leave to obtain the COVID-19 vaccination (Part W); to amend the public authori- ties law, in relation to granting the state of New York mortgage agen- cy authority to purchase mortgage loans from a broader pool of non-de- pository lenders, to purchase mortgages secured by new construction loans, and modify its mortgages to assist financially distressed home- owners (Part X); in relation to providing for the suspension of fees relating to the late payment of rent; and to permit tenants to use their security deposits as rent payments (Part Y); to amend the social services law, in relation to making child care more affordable for low-income families (Subpart A); and to amend the social services law, in relation to easing administrative burdens on child care programs and providers (Subpart B) (Part Z); and relating to prevailing wage requirements (Part AA) 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 necessary to implement the state education, labor, housing and family assistance budget for the 2021-2022 state fiscal year. Each component is wholly contained within a Part identified as Parts A through AA. The S. 2506 4 A. 3006 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, including 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 amended by section 1 of part A of chapter 56 of the laws of 2020, 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 and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an S. 2506 5 A. 3006 amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand thirteen--two thousand fourteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fourteen--two thousand fifteen school year; and provided further that a school district that submitted a contract for excellence for the two thousand fifteen--two thousand sixteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand sixteen--two thou- sand seventeen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fifteen--two thousand sixteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand sixteen--two thousand seventeen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand seventeen--two thousand eighteen school year which shall, notwithstand- ing the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand sixteen--two thousand seventeen school year; and provided further that a school district that submitted a contract for excellence for the two thousand seventeen--two thousand eighteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand eighteen--two thousand nineteen 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 amount approved by the commissioner in the contract for excellence for the two thousand seven- teen--two thousand eighteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand eighteen--two thousand nineteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand nineteen--two thousand twenty school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eighteen--two thousand nineteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand nineteen--two thousand twenty school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty--two thousand twenty-one school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be S. 2506 6 A. 3006 not less than the amount approved by the commissioner in the contract for excellence for the two thousand nineteen--two thousand twenty school year; AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN- TY-ONE SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMIS- SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated 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 eleven-- two thousand twelve as computed pursuant to chapter fifty-three 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 chapter fifty-three of the laws of two thousand eleven, making appropriations for the local assistance budget, including support for general support for public schools. Provided, further, that such amount shall be expended to support and maintain allowable programs and activ- ities 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. § 2. Section 701 of the education law, as amended by chapter 587 of the laws of 1973, subdivision 2 as amended by section 1 of part A1 of chapter 58 of the laws of 2011, subdivision 3 as amended by chapter 391 of the laws of 1989, subdivision 4 as amended by chapter 82 of the laws of 1995, subdivision 6 as amended by section 6 of part B of chapter 57 of the laws of 2007, subdivision 7 as amended by section 2 of part A of chapter 436 of the laws of 1997, and subdivision 8 as added by chapter 635 of the laws of 1984, is amended to read as follows: § 701. Power to designate text-books; purchase and loan of text-books; purchase of supplies. 1. In the several cities and school districts of the state, boards of education, trustees or such body or officer as perform the functions of such boards, shall designate text-books to be used in the schools under their charge. 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, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY, a text-book shall also mean items of expend- iture 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 S. 2506 7 A. 3006 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 of law. Courseware or other content-based instructional materials in an electronic format included in the definition 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. 3. In the several cities and school districts of the state, boards of education, trustees or such body or officers as perform the function of such boards shall have the power and duty to purchase and to loan upon individual request, textbooks, to all children residing in such district who are enrolled in a public school including children attending the public schools of the district for whom the district is eligible to receive reimbursement pursuant to [paragraph a of] subdivision eight of section thirty-two hundred two of this chapter, provided, however, that such children shall not be counted by any other school district, and to all children residing in such district who are enrolled in a nonpublic school. Textbooks loaned to children enrolled in said nonpublic schools shall be textbooks which are designated for use in any public schools of the state or are approved by any boards of education, trustees or other school authorities. Such textbooks are to be loaned free to such chil- dren subject to such rules and regulations as are or may be prescribed by the board of regents and such boards of education, trustees or other school authorities. Enrollment shall be as defined in subdivision one of section thirty-six hundred two of this chapter. 4. No school district shall be required to purchase or otherwise acquire textbooks, the cost of which shall exceed an amount equal to the [apportionment] TEXTBOOK FACTOR pursuant to subdivision six of this section plus a minimum lottery grant determined pursuant to subdivision four of section ninety-two-c of the state finance law multiplied by the [number of children residing in such district and so enrolled in the base year] SUM OF THE ENROLLMENTS IN GRADES KINDERGARTEN THROUGH TWELVE IN THE BASE YEAR CALCULATED PURSUANT TO SUBPARAGRAPHS FOUR, FIVE AND SIX OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER; and no school district shall be required to loan textbooks in excess of the textbooks owned or acquired by such district; provided, however that all textbooks owned or acquired by such district shall be loaned to children residing in the district and so enrolled in public and nonpublic schools on an equitable basis. 5. In the several cities and school districts of the state, boards of education, trustees or other school authorities may purchase supplies and either rent, sell or loan the same to the pupils attending the public schools in such cities and school districts upon such terms and under such rules and regulations as may be prescribed by such boards of education, trustees or other school authorities. 6. The commissioner, in addition to the annual apportionment of public monies pursuant to other articles of this chapter, IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR, shall apportion to each school district an amount equal to the cost of the textbooks purchased and loaned by the district pursuant to this section in the base year, but in no case shall the aid apportioned to the district exceed the product of the textbook factor plus a minimum lottery grant, determined pursuant to subdivision four of section ninety-two-c of the state finance law, and the sum of the enrollments in grades kindergarten through twelve in the base year calculated pursuant to subparagraphs four, five, and six of paragraph n of subdivision one of section thir- S. 2506 8 A. 3006 ty-six hundred two of this chapter. Aid payable pursuant to this section shall be deemed final and not subject to change after April thirtieth of the school year for which payment was due. For aid payable in the two thousand seven--two thousand eight school year [and thereafter] THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, the textbook factor shall equal forty-three dollars and twenty-five cents. FOR PURPOSES OF DETERMINING LOANS PURSU- ANT TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, THE TEXTBOOK FACTOR SHALL EQUAL FIFTY-EIGHT DOLLARS AND TWENTY-FIVE CENTS. 7. The apportionment provided for in this section shall be paid, at such times as may be determined by the commissioner and approved by the director of the budget, during the school year in which the expenditures are reported to the department prior to such apportionment, PROVIDED THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 TEXTBOOK AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Expenditures by a school district in excess of the product of the textbook factor plus a minimum lottery grant determined pursuant to subdivision four of section ninety-two-c of the state finance law and the sum of the enrollments in grades kindergarten through twelve in the base year calculated pursuant to subparagraphs four, five, and six of paragraph n of subdivision one of section thirty-six hundred two of this chapter in any school year shall be deemed approved operating expense of the district for the purpose of computation of state aid pursuant to section thirty-six hundred two of this chapter, but expenditures up to such product shall not be deemed approved operating expenses for such purpose. 8. In its discretion, a board of education may adopt regulations spec- ifying the date by which requests for the purchase and loan of textbooks must be received by the district. Notice of such date shall be given to all non-public schools. Such date shall not be earlier than the first day of June of the school year prior to that for which such textbooks are being requested, provided, however, that a parent or guardian of a child not attending a particular non-public school prior to June first of the school year may submit a written request for textbooks within thirty days after such child is enrolled in such non-public school. In no event however shall a request made later than the times otherwise provided pursuant to this subdivision be denied where a reasonable explanation is given for the delay in making the request. § 3. Subdivision 4 of section 711 of the education law, as amended by section 4 of part C of chapter 58 of the laws of 1998, is amended to read as follows: 4. Commencing July first, nineteen hundred ninety eight THROUGH JUNE THIRTIETH, TWO THOUSAND TWENTY-ONE, the commissioner, in addition to the annual apportionment of public monies pursuant to other articles of this chapter, shall apportion to each school district an amount equal to the cost of the school library materials purchased by the district pursuant to this section in the base year, but in no case shall the aid appor- tioned to the district exceed the product of the library materials factor and the sum of public school district enrollment, nonpublic school enrollment, and additional public enrollment as defined in subparagraphs two, three, and six of paragraph n of subdivision one of section thirty-six hundred two of this chapter. Aid payable pursuant to this section shall be deemed final and not subject to change after April S. 2506 9 A. 3006 thirtieth of the school year for which payment was due, PROVIDED THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 LIBRARY MATERIALS AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". § 4. Subdivision 2 of section 712 of the education law, as added by chapter 53 of the laws of 1985, is amended to read as follows: 2. No school district shall be required to loan school library materi- als in excess of the school library materials owned [or], acquired, OR DESIGNATED by such district pursuant to section seven hundred eleven of this article, PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE PRODUCT OF THE LIBRARY MATERIALS FACTOR AND THE SUM OF PUBLIC SCHOOL DISTRICT ENROLLMENT, NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC ENROLLMENT AS DEFINED IN SUBPARAGRAPHS TWO, THREE AND SIX OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR THE BASE YEAR. Such school library materials shall be loaned on an equi- table basis to children defined in subdivision three of section seven hundred eleven of this article attending in the current year. The payment of tuition under article eighty-nine of this chapter is deemed to be an equitable loan to children for whom such tuition is paid. § 5. Subdivision 4 of section 751 of the education law, as amended by section 3 of part H of chapter 83 of the laws of 2002, is amended to read as follows: 4. The commissioner, in addition to the annual apportionment of public monies pursuant to other articles of this chapter, IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR, shall apportion to each school district an amount equal to the cost of the software programs purchased by the district pursuant to this section in the base year, but in no case shall the aid apportioned to the district exceed the product of the software factor and the sum of public school district enrollment, nonpublic school enrollment, and additional public enroll- ment as defined in subparagraphs two, three, and six of paragraph n of subdivision one of section thirty-six hundred two of this chapter, PROVIDED THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 SOFTWARE AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". For aid payable in the nineteen hundred ninety-seven--ninety-eight and nineteen hundred ninety-eight--ninety-nine school years, the software factor shall equal four dollars and fifty-eight cents. For aid payable in the nineteen hundred ninety-nine--two thousand school year, the soft- ware factor shall equal seven dollars and fifty-five cents. For aid payable in the two thousand--two thousand one school year, the software factor shall equal fourteen dollars and ninety-eight cents. For aid payable in the two thousand one--two thousand two school year, the soft- ware factor shall equal twenty-three dollars and ninety cents. For aid payable in the two thousand two--two thousand three school year and thereafter, the software factor shall equal fourteen dollars and nine- ty-eight cents. The apportionment provided for in this section shall be paid at such times as may be determined by the commissioner and approved by the director of the budget. Aid payable pursuant to this section shall be deemed final and not subject to change after April thirtieth of the school year for which payment was due. S. 2506 10 A. 3006 § 6. Subdivision 2 of section 752 of the education law, as amended by chapter 257 of the laws of 1984, is amended to read as follows: 2. No school district shall be required to loan software programs in excess of the software programs owned [or], acquired, OR DESIGNATED by such district pursuant to section seven hundred fifty-one of this arti- cle PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE PRODUCT OF THE SOFTWARE FACTOR AND THE SUM OF PUBLIC SCHOOL DISTRICT ENROLLMENT, NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC ENROLLMENT AS DEFINED IN SUBPARAGRAPHS TWO, THREE AND SIX OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR THE BASE YEAR. Such software programs shall be loaned on an equitable basis to children defined in subdivision three of section seven hundred fifty-one of this article attending in the current year. The payment of tuition under article eighty-nine of this chapter is deemed to be an equitable loan to children for whom such tuition is paid. § 7. Section 753 of the education law, as added by section 7-a of part B of chapter 57 of the laws of 2007, subdivision 1 as amended by section 4 of part A1 of chapter 58 of the laws of 2011, is amended to read as follows: § 753. Instructional computer hardware and technology equipment appor- tionment. 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 IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR 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 development for instructional purposes as provided hereinafter, or (iv) for expenses incurred on or after July first, two thousand eleven AND BEFORE JULY FIRST, TWO THOUSAND TWENTY, 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 eligi- ble 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, PROVIDED FURTHER THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 HARDWARE & TECHNOL AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". 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 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- S. 2506 11 A. 3006 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. 2. As used in this article: a. "Current year" shall have the same meaning as that term is defined in subdivision one of section thirty-six hundred two of this chapter; b. "Base year" shall have the same meaning as that term is defined in subdivision one of section thirty-six hundred two of this article; and c. "Technology equipment", for the purposes of this article, shall mean equipment with a useful life used in conjunction with or in support of educational programs including but not limited to video, solar ener- gy, robotic, satellite, laser and such other equipment as the commis- sioner shall approve provided that expenses for the purchase or lease of such equipment shall not be eligible for aid under any other provisions of this chapter. 3. No school district shall be required to purchase or otherwise acquire instructional computer hardware or technology equipment, the cost of which exceeds, FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN- TY-ONE SCHOOL YEAR AND PRIOR, the amount of state aid provided pursuant to this section, AND FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN- TY-TWO SCHOOL YEAR AND THEREAFTER, 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. 4. The apportionment provided for in this section shall be paid at such times as may be determined by the commissioner and approved by the director of the budget, during the school year in which the expenditures are reported to the department prior to such apportionment, but not earlier than the school year after the school year in which expenses are incurred. 5. Expenses aided pursuant to this section shall not be eligible for aid pursuant to any other provision of this chapter. § 8. Paragraphs a, g and h of subdivision 5 of section 1950 of the education law, paragraph a as amended by section 4 and paragraph g as amended by section 5 of part C of chapter 57 of the laws of 2004, and paragraph h as added by section 1 of part L of chapter 57 of the laws of 2005, are amended to read as follows: a. Upon application by a board of cooperative educational services, IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR, there shall be apportioned and paid from state funds to each board of cooperative educational services an amount which shall be the product of the approved cost of services actually incurred during the base year multiplied by the sharing ratio for cooperative educational services aid which shall equal the greater of: (i) an amount equal to one minus the quotient expressed as a decimal to three places without rounding of eight mills divided by the tax rate of the local district computed upon the actual valuation of taxable property, as determined pursuant to subdivision one of section thirty-six hundred two of this chapter [and notwithstanding section three thousand six hundred three], expressed in S. 2506 12 A. 3006 mills to the nearest tenth as determined by the commissioner, provided, however, that where services are provided to a school district which is included within a central high school district or to a central high school district, such amount shall equal one minus the quotient expressed as a decimal to three places without rounding of three mills divided by the tax rates, expressed in mills to the nearest tenth, of such districts, as determined by the commissioner or (ii) the aid ratio of each school district for the current year, which shall be such compo- nent school district's board of cooperative educational services aid ratio and which shall be not less than thirty-six percent converted to decimals and shall be not more than ninety percent converted to decimals, PROVIDED THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN- TY-ONE SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 BOCES AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". For the purposes of this paragraph, the tax rate of the local district computed upon the actual valuation of taxable property shall be the sum of the amount of tax raised by the school district plus any payments in lieu of taxes received by the school district pursuant to section four hundred eighty-five of the real property tax law, divided by the actual valuation of the school district, provided, however that the tax rate for a central high school district shall be the sum of the amount of tax raised by the common and union free school districts included within the central high school district for the support of the central high school district plus any payments in lieu of taxes received for the support of the central high school district pursuant to section four hundred eighty-five of the real property tax law, divided by the actual valuation of the central high school district. The tax rate for each common or union free school district which is included within a central high school district shall be the sum of the amount raised for the support of such common or union free school district plus any payments in lieu of taxes received for the support of the school district pursuant to section four hundred eighty-five of the real prop- erty tax law, exclusive of the amount raised for the central high school district, divided by the actual valuation of such common or union free school district. g. Any payment required by a board of cooperative educational services to the dormitory authority or any payment required by a board of cooper- ative educational services to acquire or construct a school facility of the board of cooperative educational services, and any payments for rental of facilities by a board of cooperative educational services shall, for the purposes of apportionment of public moneys to the board of cooperative educational services by the state of New York, be deemed to be an administrative or capital expense, as designated by the commis- sioner, but the entire amount of such payment shall be utilized in making such apportionment and the limitation of ten percent of the total expenses contained in this subdivision shall not be applicable. Any expense designated by the commissioner as a capital expense shall be included in the capital budget of the board of cooperative educational services and, except as otherwise provided in this paragraph, shall be aided in the same manner as an administrative expense, PROVIDED, HOWEV- ER, THAT SUCH AID SHALL NOT BE PROVIDED COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR. Any such payment shall not be considered part of the total expenses of the board for purposes of determining the administrative and clerical expenses not to exceed S. 2506 13 A. 3006 ten percent otherwise eligible for aid under this subdivision, and such payments shall be considered for the purpose of apportionment during the current school year such payment is made. The apportionment for such payments shall be determined by multiplying the amount of such payment allocated to each component school district in the board of cooperative educational services by the aid ratio, and shall be not more than ninety percent converted to decimals, of each such component computed pursuant to subdivision three of section thirty-six hundred two OF THIS CHAPTER and used to apportion aid to that district in that current school year; provided, however, the apportionment for the construction, acquisition, reconstruction, rehabilitation, or improvement of board of cooperative educational services facilities, including payments to the dormitory authority and payments under any lease agreement, shall be based upon the cost of the board of cooperative educational services school facili- ties but not to exceed the cost allowance set forth in subdivision six of section thirty-six hundred two of [the education law] THIS CHAPTER and payments for rental facilities shall be subject to the approval of the commissioner. h. Each board of cooperative educational services receiving a payment pursuant to paragraph a of this subdivision and section thirty-six hundred nine-d of this chapter, IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR, shall be required to set aside from such payment an amount not less than the amount of state aid received pursuant to paragraph a of this subdivision in the base year that was attributable to cooperative services agreements (CO-SERs) for career education, as determined by the commissioner, and shall be required to use such amount to support career education programs in the current year. § 9. Subdivision 1 of section 3602 of the education law is amended by adding a new paragraph kk to read as follows: KK. THE "FEDERAL COVID-19 SUPPLEMENTAL STIMULUS" SHALL BE EQUAL TO THE SUM OF (1) NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF FUNDS PROVIDED UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 PLUS (2) THE BASE FEDERAL ALLOCATION. FOR ELIGIBLE DISTRICTS, THE BASE FEDERAL ALLOCATION SHALL BE EQUAL TO THE PRODUCT OF NINE HUNDRED FIFTY- TWO DOLLARS AND FIFTEEN CENTS ($952.15) AND PUBLIC SCHOOL DISTRICT ENROLLMENT IN THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF THIS SUBDIVISION LESS NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRI- ATIONS ACT, 2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF FUNDS PROVIDED UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965, BUT NOT LESS THAN ZERO. DISTRICTS SHALL BE ELIGIBLE FOR THE BASE FEDERAL ALLOCATION IF THEIR COMBINED WEALTH RATIO FOR THE CURRENT YEAR COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION IS LESS THAN ONE AND FIVE TENTHS (1.5) AND THE DISTRICT IS NOT A CENTRAL HIGH SCHOOL DISTRICT. § 10. Paragraph h of subdivision 4 of section 3602 of the education law, as added by section 14-a of part A of chapter 56 of the laws of 2020, is amended to read as follows: h. Foundation aid payable in the two thousand twenty--two thousand twenty-one THROUGH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO school [year] YEARS. Notwithstanding any provision of law to the contra- S. 2506 14 A. 3006 ry, foundation aid payable in the two thousand twenty--two thousand twenty-one THROUGH TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO school [year] YEARS shall equal the apportionment for foundation aid in the base year. § 11. Subdivision 10 of section 3602 of the education law, as added by chapter 57 of the laws of 1993 and renumbered by section 16 of part B of chapter 57 of the laws of 2007, the subdivision heading and paragraphs a and c as amended by section 32 of part H of chapter 83 of the laws of 2002, paragraph b as amended by section 16 of part B of chapter 57 of the laws of 2007, paragraph d as added by section 17 of part B of chap- ter 57 of the laws of 2008, and paragraph e as added by chapter 357 of the laws of 2018, is amended to read as follows: 10. Special services aid for large city school districts and other school districts which were not components of a board of cooperative educational services in the base year. a. [The] IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR, THE city school districts of those cities having populations in excess of one hundred twenty-five thousand and any other school district which was not a component of a board of cooperative educational services in the base year shall be entitled to an apportionment under the provisions of this section. b. Aid for career education. There shall be apportioned to such city school districts and other school districts which were not components of a board of cooperative educational services in the base year for pupils in grades ten through twelve in attendance in career education programs as such programs are defined by the commissioner, subject for the purposes of this paragraph to the approval of the director of the budg- et, an amount for each such pupil to be computed by multiplying the career education aid ratio by three thousand nine hundred dollars, PROVIDED THAT SUCH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY--TWO THOU- SAND TWENTY-ONE SCHOOL YEAR SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 CAREER EDUCATION AID" UNDER THE HEADING "CAREER EDUCATION AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Such aid will be payable for weighted pupils attending career education programs operated by the school district and for weighted pupils for whom such school district contracts with boards of cooperative educational services to attend career education programs operated by a board of cooperative educational services. Weighted pupils for the purposes of this paragraph shall mean the sum of the attendance of students in grades ten through twelve in career education sequences in trade, industrial, technical, agricultural or health programs plus the product of sixteen hundredths multiplied by the attendance of students in grades ten through twelve in career educa- tion sequences in business and marketing as defined by the commissioner in regulations. The career education aid ratio shall be computed by subtracting from one the product obtained by multiplying fifty-nine percent by the combined wealth ratio. This aid ratio shall be expressed as a decimal carried to three places without rounding, but not less than thirty-six percent. Any school district that receives aid pursuant to this paragraph shall be required to use such amount to support career education programs in the current year. A board of education which spends less than its local funds as defined by regulations of the commissioner for career education in the base year during the current year shall have its apportionment under this subdivi- S. 2506 15 A. 3006 sion reduced in an amount equal to such deficiency in the current or a succeeding school year, provided however that the commissioner may waive such reduction upon determination that overall expenditures per pupil in support of career education programs were continued at a level equal to or greater than the level of such overall expenditures per pupil in the preceding school year. c. Computer administration aid for large city school districts and any other school district which was not a component of a board of cooper- ative educational services in the base year. The city school districts of those cities having populations in excess of one hundred twenty-five thousand inhabitants and any other school district which was not a component of a board of cooperative educational services in the base year shall be eligible for an apportionment in accordance with the provisions of this subdivision, PROVIDED THAT SUCH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 COMPUT- ER ADMIN AID" UNDER THE HEADING "COMPUTER ADMINISTRATION" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Such districts shall be entitled to an additional apportion- ment computed by multiplying the lesser of (1) expenses for approved computer services in the base year or (2) the maximum allowable expense equal to the product of sixty-two dollars and thirty cents and the enrollment of pupils attending the public schools of such district in the base year, by the computer expenses aid ratio. The computer expenses aid ratio shall be computed by subtracting from one the product obtained by multiplying fifty-one per centum by the combined wealth ratio. This aid ratio shall be expressed as a decimal carried to three places without rounding, but shall not be less than thirty per centum. Expenses for approved computer services in the base year up to the maxi- mum allowable expense shall not be used to claim aid pursuant to any other provisions of this section. d. Aid for academic improvement. There shall be apportioned to such city school districts and other school districts which were not compo- nents of a board of cooperative educational services in the base year, an amount per pupil for each pupil eligible for aid pursuant to para- graph b of this subdivision to be computed by multiplying the career education aid ratio computed pursuant to such paragraph b of this subdi- vision by the sum of (1) one hundred dollars plus (2) the quotient of one thousand dollars divided by the lesser of one or the combined wealth ratio, PROVIDED THAT SUCH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY-- TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 ACADEMIC IMPRVMT AID" UNDER THE HEADING "ACADEMIC IMPROVEMENT AID" IN THE SCHOOL AID COMPUTER LIST- ING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Aid for academic improvement shall be unrestricted general aid available to support any academic programs of the school district. [e. Career education data collection. Beginning in the two thousand seventeen--two thousand eighteen school year the commissioner shall collect data from school districts receiving aid under this subdivision on the number of students in the base year that are in grade nine and enrolled in career education courses in trade/industrial education, technical education, agricultural education, health occupations educa- tion, business and marketing education, family and consumer science S. 2506 16 A. 3006 education, and technology education programs in a manner prescribed by the commissioner.] § 12. Section 3602 of the education law is amended by adding a new subdivision 21 to read as follows: 21. SERVICES AID. A. BEGINNING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT FOR SERVICES AID EQUAL TO THE SUM OF (1) THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "2021-22 BOCES AID", "2021-22 TEXTBOOK AID", "2021-22 SOFTWARE AID", "2021-22 LIBRARY MATERIALS AID", "2021-22 HARDWARE & TECHNOL AID", "2020-21 SUPPLEMENTAL PUB EXCESS COST", "2021-22 TRANSPORTATION AID", "2021-22 PAYABLE SUMM TRANS AID", "2021-22 CAREER EDUCATION AID", "2021-22 ACADEMIC IMPRVMT AID", "2021-22 COMPUTER ADMIN AID", "2020-21 ACADEMIC ENHANCEMENT", "2020-21 HIGH TAX AID" AND "2021-22 TRANSITIONAL AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2" LESS (2) THE SERVICES AID REDUCTION. B. THE SERVICES AID REDUCTION SHALL BE EQUAL TO THE LESSER OF (1) THE POSITIVE DIFFERENCE OF THE FEDERAL COVID-19 SUPPLEMENTAL STIMULUS AS COMPUTED PURSUANT TO PARAGRAPH KK OF SUBDIVISION ONE OF THIS SECTION LESS THE LOCAL DISTRICT FUNDING ADJUSTMENT PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-I OF THIS PART OR (2) THE PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT IN THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (I) SIX HUNDRED THREE DOLLARS AND TWO CENTS ($603.02) FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, OR (II) FOR ALL OTHER DISTRICTS, THE PRODUCT OF ONE HUNDRED FORTY-FIVE DOLLARS AND EIGHTY CENTS ($145.80) AND THE POSITIVE VALUE, IF ANY, COMPUTED BY SUBTRACTING FROM ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE PRODUCT OBTAINED BY MULTIPLYING THE COMBINED WEALTH RATIO FOR THE CURRENT YEAR COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION BY SIXTY-FOUR HUNDREDTHS (0.64). § 12-a. Subdivision 8 of section 3641 of the education law, as added by section 38 of part B of chapter 57 of the laws of 2007, paragraph b as amended by section 29 of part B of chapter 57 of the laws of 2008, is amended to read as follows: 8. Supplemental educational improvement grants. a. In addition to apportionments otherwise provided by section thirty-six hundred two of this article, for aid payable in the two thousand seven--two thousand eight school year [and thereafter] THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, the amounts specified in paragraph b of this subdivision shall be paid for the purpose of providing additional funding for the costs of educational improvement plans required as a result of a court-ordered settlement in a school desegregation case to which the state was a party. Grant funds awarded pursuant to this subdi- vision shall be used exclusively for services and expenses incurred by the school district to implement such educational improvement plans. b. To the Yonkers city school district there shall be paid seventeen million five hundred thousand dollars ($17,500,000) on an annual basis THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR. Such grant shall be payable from funds appropriated for such purpose and shall be apportioned to the Yonkers city school district in accordance with the payment schedules contained in section thirty-six hundred nine-a of this article, notwithstanding any provision of law to the contrary. S. 2506 17 A. 3006 § 13. The opening paragraph of subdivision 41 of section 3602 of the education law, as amended by section 20 of part B of chapter 57 of the laws of 2008, is amended to read as follows: Transitional aid for charter school payments. In addition to any other apportionment under this section, for the two thousand seven--two thousand eight school year [and thereafter] THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, a school district other than a city school district in a city having a population of one million or more shall be eligible for an apportionment in an amount equal to the sum of THE FOLLOWING, PROVIDED THAT SUCH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL BE EQUAL TO THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2021-22 TRANSITIONAL AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". § 14. Subdivision 4 of section 3602 of the education law is amended by adding a new paragraph c-1 to read as follows: C-1. FOR THE PURPOSES OF THIS CHAPTER, "BOCES PAYMENT ADJUSTMENT" SHALL MEAN THE TOTAL AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "2021-22 BOCES AID" IN THE DATA FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-ONE- -TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND ENTITLED "BT212-2". NOTWITH- STANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, OF THE TOTAL APPORTIONMENT PURSUANT TO THIS SUBDIVISION, AN AMOUNT EQUAL TO THE BOCES PAYMENT ADJUSTMENT SHALL BE PAID PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-D OF THIS PART. § 15. The opening paragraph of section 3609-d of the education law, as amended by section 20 of part L of chapter 57 of the laws of 2005, is amended to read as follows: Notwithstanding the provisions of section thirty-six hundred nine-a of this [article] PART, FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND TWENTY- ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, apportionments payable pursu- ant to section nineteen hundred fifty of this chapter shall be paid pursuant to this section. For aid payable in the two thousand four--two thousand five school year [and thereafter] THROUGH TWO THOUSAND TWENTY- -TWO THOUSAND TWENTY-ONE SCHOOL YEAR, "moneys apportioned" shall mean the lesser of (i) 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 produced by the commissioner in support of the budget including the appropriation for support of boards of cooper- ative educational services for payments due prior to April first for the current year, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payment to be made in the month of June of two thousand six such calculation shall be based on the school aid computer listing for the current year using updated data at the time of each payment. For districts subject to chapter five hundred sixty- three of the laws of nineteen hundred eighty, thirty-six hundred two-b, or two thousand forty of this chapter, for aid payable in the two thou- sand four--two thousand five school year and thereafter, "moneys appor- tioned" shall mean the apportionment calculated by the commissioner based on data on file at the time the payment is processed. NOTWITH- STANDING THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART, FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, APPORTIONMENTS PAYABLE PURSUANT TO PARAGRAPH C-1 OF S. 2506 18 A. 3006 SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL BE PAID PURSUANT TO THIS SECTION. The "school aid computer listing for the current year" shall be as defined in the opening paragraph of section thirty-six hundred nine-a of this [article] PART. The definitions "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this [article] PART shall apply to this section. § 16. The education law is amended by adding a new section 3609-i to read as follows: § 3609-I. LOCAL DISTRICT FUNDING ADJUSTMENT. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, PAYMENTS COMPUTED PURSU- ANT TO SECTION THIRTY-SIX HUNDRED NINE-E OF THIS PART SHALL BE REDUCED BY THE LOCAL DISTRICT FUNDING ADJUSTMENT. 2. THE "LOCAL DISTRICT FUNDING ADJUSTMENT" SHALL BE EQUAL TO THE LESS- ER OF THE PRESCRIBED PAYMENTS PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-E OF THIS PART OR THE FEDERAL COVID-19 SUPPLEMENTAL STIMULUS AS COMPUTED PURSUANT TO PARAGRAPH KK OF SUBDIVISION ONE OF SECTION THIRTY- SIX HUNDRED TWO OF THIS PART. § 17. Subdivision 19 of section 3602 of the education law is amended by adding a new paragraph c to read as follows: C. THE POSITIVE VALUE OF THE PANDEMIC ADJUSTMENT PAYMENT REDUCTION SHALL NOT EXCEED THE SUM OF MONEYS APPORTIONED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, THIRTY-SIX HUNDRED NINE-A, THIRTY-SIX HUNDRED NINE-B, THIRTY-SIX HUNDRED NINE-D, THIRTY-SIX HUNDRED NINE-F, AND THIR- TY-SIX HUNDRED NINE-H FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY- ONE SCHOOL YEAR FOR ANY SCHOOL DISTRICT. § 18. Paragraph a of subdivision 7 of section 3602 of the education law, as amended by section 17 of part B of chapter 57 of the laws of 2007, is amended to read as follows: a. In addition to the foregoing apportionment, FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND PRIOR SCHOOL YEARS there shall be apportioned to any school district for pupil transportation, the lesser of ninety per centum or the state share of its approved transportation expense for the base year. The state share shall equal the sum of the transportation sparsity adjustment and the transportation aid ratio, but not less than six and one-half percent. The transportation aid ratio shall equal the greater of (i) the product of one and two hundred sixty-three thousandths multiplied by the state sharing ratio, (ii) an aid ratio computed by subtracting from one and one hundredth the product computed to three decimals without rounding obtained by multiplying the resident weighted average daily attendance wealth ratio by forty-six percent, where such aid ratio shall be expressed as a decimal carried to three places without rounding or (iii) excluding cities with a popu- lation of more than one million, an aid ratio computed by subtracting from one and one hundredth the product computed to three decimal places without rounding obtained by multiplying the number computed to three decimals without rounding obtained when the quotient of actual valuation of a school district, as defined in paragraph c of subdivision one of this section, divided by the sum of the resident public school district enrollment, the resident nonpublic school district enrollment and the additional public school enrollment of the school district for the year prior to the base year is divided by the statewide average actual valu- ation per the sum of such total resident public school district enroll- ment, nonpublic school district enrollment and additional public school S. 2506 19 A. 3006 enrollment of all school districts eligible for an apportionment pursu- ant to this section except central high school districts as computed by the commissioner using the latest single year actual valuation computed under paragraph c of subdivision one of this section, by forty-six percent, where such ratio shall be expressed as a decimal carried to three decimal places without rounding. The computation of such statewide average shall include the actual valuation of all school districts eligible for an apportionment pursuant to this section except central high school districts. The transportation sparsity adjustment shall equal the quotient of: the positive remainder of twenty-one minus the district's public school enrollment for the year prior to the base year per square mile, divided by three hundred seventeen and eighty-eight hundredths. Approved transportation expense shall be the sum of the approved transportation operating expense and the approved transporta- tion capital, debt service and lease expense of the district. Approved transportation expense shall not be aidable pursuant to section nineteen hundred fifty of this chapter. § 19. The opening paragraph of section 3622-a of the education law, as added by chapter 474 of the laws of 1996, is amended to read as follows: For the computation of transportation aid pursuant to the requirements of subdivision seven of section thirty-six hundred two of this article and this part FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND PRIOR SCHOOL YEARS, aidable regular transportation shall include the following, provided that the school district shall have voted to furnish such transportation, as provided by law, or that the commissioner shall have directed that such transportation be furnished; and provided further that transportation aid shall not be paid in a case where the provision made for transportation is inadequate and is disapproved by the commissioner: § 20. Subdivisions 6 and 7 of section 3622-a of the education law, subdivision 6 as amended by section 47 of part A of chapter 58 of the laws of 2011 and subdivision 7 as added by chapter 422 of the laws of 2004, are amended and a new subdivision 8 is added 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] THROUGH THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, provided, however, that if the total state- wide apportionment attributable to allowable transportation 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] 7. Transportation provided pursuant to section thirty-six hundred thirty-five-b of this article; AND 8. NOTWITHSTANDING PARAGRAPH A OF SUBDIVISION FIVE OF SECTION THIRTY- SIX HUNDRED FOUR OF THIS ARTICLE, TRANSPORTATION PROVIDED IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020, PROVIDED THAT TRANSPORTATION WAS PROVIDED DURING THE TIME PERIOD OF SCHOOL CLOSURES ORDERED PURSUANT TO EXECUTIVE ORDER 202 OF 2020. SUCH AIDABLE TRANSPORTATION SHALL INCLUDE TRANSPORTATION OF MEALS, EDUCA- TIONAL MATERIALS AND SUPPLIES TO STUDENTS, AND TRANSPORTATION TO PROVIDE STUDENTS WITH INTERNET ACCESS. S. 2506 20 A. 3006 § 21. The opening paragraph of section 3623-a of the education law, as added by chapter 474 of the laws of 1996, is amended to read as follows: For the computation of transportation aid FOR THE TWO THOUSAND TWEN- TY--TWO THOUSAND TWENTY-ONE AND PRIOR SCHOOL YEARS, pursuant to the requirements of subdivision seven of section thirty-six hundred two of this article and this part, allowable transportation expense shall include expenditures for aidable regular transportation as defined in section thirty-six hundred twenty-two-a of this part, provided that such expense shall be limited to expenditure items listed in subdivision one of this section as transportation operating expense and in subdivision two of this section as transportation capital, debt service and lease expense. § 22. Section 3623-a of the education law is amended by adding a new subdivision 4 to read as follows: 4. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE COMPUTATION OF TRANSPORTATION AID PURSUANT TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF SECTION THIR- TY-SIX HUNDRED TWO OF THIS ARTICLE, ALLOWABLE TRANSPORTATION EXPENSES SHALL ALSO INCLUDE TRANSPORTATION OPERATING EXPENSES DESCRIBED IN SUBDI- VISION ONE OF THIS SECTION INCURRED IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020. SUCH EXPENSES SHALL ONLY BE ALLOWABLE TRANSPORTATION EXPENSES WHERE AIDABLE REGULAR TRANSPORTATION AS DEFINED IN SECTION THIRTY-SIX HUNDRED TWENTY-TWO-A OF THIS PART WAS PROVIDED. § 23. Subdivision 16 of section 3602-ee of the education law, as amended by section 22 of part A of chapter 56 of the laws of 2020, is amended to read as follows: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [twenty-one] TWENTY-TWO; provided that the program shall continue and remain in full effect. § 24. Paragraphs a, b and c of subdivision 5 of section 3604 of the education law, paragraph a as amended by chapter 161 of the laws of 2005, paragraph b as amended by section 59 of part A of chapter 436 of the laws of 1997, and paragraph c as added by chapter 82 of the laws of 1995, are amended to read as follows: a. State aid adjustments. All errors or omissions in the apportionment shall be corrected by the commissioner. Whenever a school district has been apportioned less money than that to which it is entitled, the commissioner may allot to such district the balance to which it is enti- tled. Whenever a school district has been apportioned more money than that to which it is entitled, the commissioner may, by an order, direct such moneys to be paid back to the state to be credited to the general fund local assistance account for state aid to the schools, or may deduct such amount from the next apportionment to be made to said district, provided, however, that, upon notification of excess payments of aid for which a recovery must be made by the state through deduction of future aid payments, a school district may request that such excess payments be recovered by deducting such excess payments from the payments due to such school district and payable in the month of June in (i) the school year in which such notification was received and (ii) the two succeeding school years, provided further that there shall be no interest penalty assessed against such district or collected by the state. Such request shall be made to the commissioner in such form as the commissioner shall prescribe, and shall be based on documentation S. 2506 21 A. 3006 that the total amount to be recovered is in excess of one percent of the district's total general fund expenditures for the preceding school year. The amount to be deducted in the first year shall be the greater of (i) the sum of the amount of such excess payments that is recognized as a liability due to other governments by the district for the preced- ing school year and the positive remainder of the district's unreserved fund balance at the close of the preceding school year less the product of the district's total general fund expenditures for the preceding school year multiplied by five percent, or (ii) one-third of such excess payments. The amount to be recovered in the second year shall equal the lesser of the remaining amount of such excess payments to be recovered or one-third of such excess payments, and the remaining amount of such excess payments shall be recovered in the third year. Provided further that, notwithstanding any other provisions of this subdivision, any pending payment of moneys due to such district as a prior year adjust- ment payable pursuant to paragraph [c] B of this subdivision [for], OTHER THAN PAYMENTS REQUIRED AS A RESULT OF A FINAL AUDIT OF THE STATE, SHALL BE DEEMED PAID. FOR aid claims that had been previously paid as current year aid payments in excess of the amount to which the district is entitled and for which recovery of excess payments is to be made pursuant to this paragraph, shall be reduced at the time of actual payment by any remaining unrecovered balance of such excess payments, and the remaining scheduled deductions of such excess payments pursuant to this paragraph shall be reduced by the commissioner to reflect the amount so recovered. [The commissioner shall certify no payment to a school district based on a claim submitted later than three years after the close of the school year in which such payment was first to be made. For claims for which payment is first to be made in the nineteen hundred ninety-six--ninety-seven school year, the commissioner shall certify no payment to a school district based on a claim submitted later than two years after the close of such school year.] For claims for which payment is first to be made [in the nineteen hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE school year [and thereafter], the commissioner shall certify no payment to a school district based on a claim submitted later than [one year after] the close of such school year. FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no payments shall be barred or reduced where such payment is required as a result of a final audit of the state. [It is further provided that, until June thirtieth, nineteen hundred ninety-six, the commissioner may grant a waiver from the provisions of this section for any school district if it is in the best educational interests of the district pursuant to guidelines developed by the commissioner and approved by the director of the budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOU- SAND TWENTY-TWO SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA S. 2506 22 A. 3006 FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO STATE FISCAL YEAR AND ENTITLED "BT212-2", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS- SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. b. [Claims resulting from court orders or judgments. Any payment which would be due as the result of a court order or judgment shall not be barred, provided that, commencing January first, nineteen hundred nine- ty-six, such court order or judgment and any other data required shall be filed with the comptroller within one year from the date of the court order or judgment, and provided further that the commissioner shall certify no payment to a school district for a specific school year that is based on a claim that results from a court order or judgement so filed with the comptroller unless the total value of such claim, as determined by the commissioner, is greater than one percent of the school district's total revenues from state sources as previously recorded in the general fund and reported to the comptroller in the annual financial report of the school district for such school year. c.] Payment of moneys due for prior years. State aid payments due for prior years in accordance with the provisions of this subdivision, OTHER THAN PAYMENTS REQUIRED AS A RESULT OF A FINAL AUDIT OF THE STATE, shall be DEEMED paid [within the limit of the appropriation designated there- for provided, however, that each eligible claim shall be payable in the order that it has been approved for payment by the commissioner, but in no case shall a single claim draw down more than forty percent of the appropriation so designated for a single year, and provided further that no claim shall be set aside for insufficiency of funds to make a complete payment, but shall be eligible for a partial payment in one year and shall retain its priority date status for appropriations desig- nated for such purposes in future years]. § 25. Subdivision 6 of section 4408 of the education law, as added by chapter 82 of the laws of 1995, is amended to read as follows: 6. Notwithstanding any other provision of law to the contrary, no payments shall be made by the commissioner pursuant to this section on or after July first, nineteen hundred ninety-six based on a claim submitted later than [three years] ONE YEAR after the end of the school year in which services were rendered, provided however that no payment shall be barred or reduced where such payment is required as a result of a court order or judgment or a final audit. § 26. The opening paragraph of section 3609-a of the education law, as amended by section 24 of part A of chapter 56 of the laws of 2020, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the two thousand twenty--two thousand twenty-one school year, "moneys apportioned" shall mean the lesser of (i) the sum of one S. 2506 23 A. 3006 hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individualized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to [subdivision] SUBDI- VISIONS 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 five of section ninety-seven- nnnn of the state finance law, less any grants provided pursuant to subdivision twelve of section thirty-six hundred forty-one of this arti- cle, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first business day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this part shall apply to this section. [For aid payable in the two thousand twenty--two thousand twenty-one school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA202-1".] FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRI- ATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAP- TER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION SIX OF SECTION NINETY- SEVEN-NNNN OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION S. 2506 24 A. 3006 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. FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, REFER- ENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT212-2". § 27. The education law is amended by adding a new section 4403-a to read as follows: § 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER. 2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS. 3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT SUCH WAIV- ER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL REQUIRE- MENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMINATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCA- TIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED. 4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR WHICH A WAIVER IS GRANTED. § 28. Subdivision 1 of section 3033 of the education law, as amended by chapter 886 of the laws of 1986, is amended to read as follows: S. 2506 25 A. 3006 1. Boards of education and boards of cooperative educational services are hereby authorized to participate in the New York state mentor teach- er-internship program in accordance with the provisions of this section THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR. § 29. Section 3033 of the education law is REPEALED. § 30. Paragraph b of subdivision 2 of section 3612 of education law, as amended by section 22 of part YYY of chapter 59 of the laws of 2019, 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 costs associated with transitional certification of teacher candidates for the school years two thousand one--two thousand two through [two thousand twenty-three--two thousand twenty-four] TWO THOUSAND TWENTY-- TWO THOUSAND TWENTY-ONE. § 31. Section 3612 of the education law is REPEALED. § 32. Section 3004-a of the education law is amended by adding a new subdivision 7 to read as follows: 7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO GRANTS SHALL BE AWARDED PURSUANT TO THIS SECTION AFTER THE TWO THOUSAND TWEN- TY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR GRANT PERIOD. § 33. Section 3004-a of the education law is REPEALED. § 34. Subparagraphs (viii) and (ix) of paragraph (a) of subdivision 1 of section 2856 of the education law, as amended by section 26-a of part A of chapter 56 of the laws of 2020, are amended to read as follows: (viii) for the two thousand twenty--two thousand twenty-one and two thousand twenty-one--two thousand twenty-two school years, the charter school basic tuition shall be the lesser of (A) the product of (i) the charter school basic tuition calculated for the base year multiplied by (ii) the average of the quotients for each school year in the period commencing with the year three years prior to the base year and finish- ing with the year prior to the base year of the total approved operating expense for such school district calculated pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter for each such year divided by the total approved operating expense for such district for the immediately preceding year multiplied by, (III) for the two thousand twenty--two thousand twenty-one school year only, [(iii)] nine hundred forty-five one-thousandths (0.945), OR FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR ONLY, ONE MINUS THE ADJUSTMENT FACTOR or (B) the quotient of the total general fund expendi- tures for the school district calculated pursuant to an electronic data file created for the purpose of compliance with paragraph b of subdivi- sion twenty-one of section three hundred five of this chapter published annually on May fifteenth for the year prior to the base year divided by S. 2506 26 A. 3006 the total estimated public enrollment for the school district pursuant to paragraph n of subdivision one of section thirty-six hundred two of this chapter for the year prior to the base year. THE ADJUSTMENT FACTOR SHALL EQUAL THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF (I) THE SERVICES AID REDUCTION FOR THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, (II) PLUS THE LOCAL DISTRICT FUNDING ADJUSTMENT FOR THE SCHOOL DISTRICT PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-I OF THIS CHAPTER BY (B) THE TOTAL GENERAL FUND EXPENDITURES FOR THE SCHOOL DISTRICT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR CALCULATED PURSUANT TO AN ELECTRONIC DATA FILE CREATED FOR THE PURPOSE OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER PUBLISHED ON MAY FIFTEENTH, TWO THOUSAND TWENTY-ONE. (ix) for the two thousand twenty-two--two thousand twenty-three through two thousand twenty-four--two thousand twenty-five school years the charter school basic tuition shall be the lesser of (A) the product of (i) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION CALCULATED FOR THE BASE YEAR DIVIDED BY THE DIFFERENCE OF ONE LESS THE ADJUSTMENT FACTOR AND FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR AND TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS, the charter school basic tuition calculated for the base year multiplied by (ii) the aver- age of the quotients for each school year in the period commencing with the year four years prior to the base year and finishing with the year prior to the base year, excluding the two thousand twenty--two thousand twenty-one school year, of the total approved operating expense for such school district calculated pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter for each such year divided by the total approved operating expense for such district for the immediately preceding year or (B) the quotient of the total general fund expenditures for the school district calculated pursuant to an electronic data file created for the purpose of compliance with para- graph b of subdivision twenty-one of section three hundred five of this chapter published annually on May fifteenth for the year prior to the base year divided by the total estimated public enrollment for the school district pursuant to paragraph n of subdivision one of section thirty-six hundred two of this chapter for the year prior to the base year. § 35. Subparagraphs (viii) and (ix) of paragraph (a) of subdivision 1 of section 2856 of the education law, as amended by section 26-b of part A of chapter 56 of the laws of 2020, are amended to read as follows: (viii) for the two thousand twenty--two thousand twenty-one and two thousand twenty-one--two thousand twenty-two school years, the charter school basic tuition shall be the lesser of (A) the product of (i) the charter school basic tuition calculated for the base year multiplied by (ii) the average of the quotients for each school year in the period commencing with the year three years prior to the base year and finish- ing with the year prior to the base year of the total approved operating expense for such school district calculated pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter for each such year divided by the total approved operating expense for such district for the immediately preceding year multiplied by, (III) for the two thousand twenty--two thousand twenty-one school year only, [(iii)] nine hundred forty-five one-thousandths (0.945), OR FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR ONLY, ONE MINUS THE S. 2506 27 A. 3006 ADJUSTMENT FACTOR or (B) the quotient of the total general fund expendi- tures for the school district calculated pursuant to an electronic data file created for the purpose of compliance with paragraph b of subdivi- sion twenty-one of section three hundred five of this chapter published annually on May fifteenth for the year prior to the base year divided by the total estimated public enrollment for the school district pursuant to paragraph n of subdivision one of section thirty-six hundred two of this chapter for the year prior to the base year. THE ADJUSTMENT FACTOR SHALL EQUAL THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF (I) THE SERVICES AID REDUCTION FOR THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, (II) PLUS THE LOCAL DISTRICT FUNDING ADJUSTMENT FOR THE SCHOOL DISTRICT PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-I OF THIS CHAPTER BY (B) THE TOTAL GENERAL FUND EXPENDITURES FOR THE SCHOOL DISTRICT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR CALCULATED PURSUANT TO AN ELECTRONIC DATA FILE CREATED FOR THE PURPOSE OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER PUBLISHED ON MAY FIFTEENTH, TWO THOUSAND TWENTY-ONE. (ix) for the two thousand twenty-two--two thousand twenty-three through two thousand twenty-four--two thousand twenty-five school years the charter school basic tuition shall be the lesser of (A) the product of (i) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION CALCULATED FOR THE BASE YEAR DIVIDED BY THE DIFFERENCE OF ONE LESS THE ADJUSTMENT FACTOR AND FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR AND TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS, the charter school basic tuition calculated for the base year multiplied by (ii) the aver- age of the quotients for each school year in the period commencing with the year four years prior to the base year and finishing with the year prior to the base year, excluding the two thousand twenty--two thousand twenty-one school year, of the total approved operating expense for such school district calculated pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter for each such year divided by the total approved operating expense for such district for the immediately preceding year or (B) the quotient of the total general fund expenditures for the school district calculated pursuant to an electronic data file created for the purpose of compliance with para- graph b of subdivision twenty-one of section three hundred five of this chapter published annually on May fifteenth for the year prior to the base year divided by the total estimated public enrollment for the school district pursuant to paragraph n of subdivision one of section thirty-six hundred two of this chapter for the year prior to the base year. § 36. The closing paragraph of paragraph (a) of subdivision 1 of section 2856 of the education law, as amended by section 4 of part YYY of chapter 59 of the laws of 2017, is amended to read as follows: (A-1) For the purposes of this subdivision, the "supplemental basic tuition" shall be (A) for a school district for which the charter school basic tuition computed for the current year is greater than or equal to the charter school basic tuition for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph, (1) for the two thousand fourteen--two thousand fifteen school year two hundred and fifty dollars, and (2) for the two thousand fifteen--two thousand sixteen school year three hundred and fifty dollars, and (3) for the two thousand sixteen--two thousand seventeen S. 2506 28 A. 3006 school year five hundred dollars, and (4) for the two thousand seven- teen--two thousand eighteen school year and thereafter, the sum of (i) the supplemental basic tuition calculated for the two thousand sixteen- -two thousand seventeen school year plus (ii) five hundred dollars, and (B) for school years prior to the two thousand seventeen--two thousand eighteen school year, for a school district for which the charter school basic tuition for the two thousand ten--two thousand eleven school year is greater than the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph, the positive difference of the charter school basic tuition for the two thousand ten--two thousand eleven school year minus the charter school basic tuition for the current year pursuant to the provisions of subpar- agraph (i) of this paragraph and (C) for school years following the two thousand sixteen--two thousand seventeen school years, for a school district for which the charter school basic tuition for the two thousand ten--two thousand eleven school year is greater than the charter school basic tuition for the current year pursuant to the provisions of subpar- agraph (i) of this paragraph, the sum of (i) the supplemental basic tuition calculated for the two thousand sixteen--two thousand seventeen school year plus (ii) five hundred dollars. PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, THE SUPPLEMENTAL BASIC TUITION SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE PRODUCT OF (I) ONE HALF MULTIPLIED BY (II) THE ADJUSTMENT FACTOR AS DEFINED IN THIS SECTION, FURTHER MULTIPLIED BY (III) THE CHARTER SCHOOL BASIC TUITION FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, BUT SHALL NOT BE LESS THAN ZERO. § 36-a. The closing paragraph of paragraph (a) of subdivision 1 of section 2856 of the education law, as amended by section 4-a of part YYY of chapter 59 of the laws of 2017, is amended to read as follows: (A-1) For the purposes of this subdivision, the "supplemental basic tuition" shall be (A) for a school district for which the charter school basic tuition computed for the current year is greater than or equal to the charter school basic tuition for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph, (1) for the two thousand fourteen--two thousand fifteen school year two hundred and fifty dollars, and (2) for the two thousand fifteen--two thousand sixteen school year three hundred and fifty dollars, and (3) for the two thousand sixteen--two thousand seventeen school year five hundred dollars, and (4) for the two thousand seven- teen--two thousand eighteen school year and thereafter, the sum of (i) the supplemental basic tuition calculated for the two thousand sixteen- -two thousand seventeen school year plus (ii) five hundred dollars, and (B) for school years prior to the two thousand seventeen--two thousand eighteen school year, for a school district for which the charter school basic tuition for the two thousand ten--two thousand eleven school year is greater than the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph, the positive difference of the charter school basic tuition for the two thousand ten--two thousand eleven school year minus the charter school basic tuition for the current year pursuant to the provisions of subpar- agraph (i) of this paragraph and (C) for school years following the two thousand sixteen--two thousand seventeen school years, for a school district for which the charter school basic tuition for the two thousand ten--two thousand eleven school year is greater than the charter school basic tuition for the current year pursuant to the provisions of subpar- S. 2506 29 A. 3006 agraph (i) of this paragraph, the sum of (i) the supplemental basic tuition calculated for the two thousand sixteen--two thousand seventeen school year plus (ii) five hundred dollars. PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, THE SUPPLEMENTAL BASIC TUITION SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE PRODUCT OF (I) ONE HALF MULTIPLIED BY (II) THE ADJUSTMENT FACTOR AS DEFINED IN THIS SECTION, FURTHER MULTIPLIED BY (III) THE CHARTER SCHOOL BASIC TUITION FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, BUT SHALL NOT BE LESS THAN ZERO. § 36-b. Subdivision 9 of section 2852 of the education law, as amended by section 2 of subpart A of part B of chapter 20 of the laws of 2015, is amended to read as follows: 9. The total number of charters issued pursuant to this article state- wide shall not exceed four hundred sixty. (a) All charters issued on or after July first, two thousand fifteen and counted toward the numerical limits established by this subdivision shall be issued by the board of regents upon application directly to the board of regents or on the recommendation of the board of trustees of the state university of New York pursuant to a competitive process in accordance with subdivision nine-a of this section. Fifty of such charters issued on or after July first, two thousand fifteen, and no more, shall be granted to a charter for a school to be located in a city having a population of one million or more. The failure of any body to issue the regulations authorized pursuant to this article shall not affect the authority of a charter entity to propose a charter to the board of regents or the board of regents' authority to grant such charter. A conversion of an existing public school to a charter school, or the renewal or extension of a charter approved by any charter entity, OR THE REISSUANCE OF A SURREN- DERED, REVOKED OR TERMINATED CHARTER PURSUANT TO PARAGRAPH (B) OR (B-1) OF THIS SUBDIVISION shall not be counted toward the numerical limits established by this subdivision. (b) A charter that has been surrendered, revoked or terminated on or before July first, two thousand fifteen, including a charter that has not been renewed by action of its charter entity, may be reissued pursu- ant to paragraph (a) of this subdivision by the board of regents either upon application directly to the board of regents or on the recommenda- tion of the board of trustees of the state university of New York pursu- ant to a competitive process in accordance with subdivision nine-a of this section. Provided that such reissuance shall not be counted toward the statewide numerical limit established by this subdivision, and provided further that no more than twenty-two charters may be reissued pursuant to this paragraph. (B-1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A CHARTER THAT HAS BEEN SURRENDERED, REVOKED OR TERMINATED AFTER JULY FIRST, TWO THOUSAND FIFTEEN, INCLUDING A CHARTER THAT HAS NOT BEEN RENEWED BY ACTION OF ITS CHARTER ENTITY, MAY BE REISSUED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION BY THE BOARD OF REGENTS EITHER UPON APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT TO A COMPET- ITIVE PROCESS IN ACCORDANCE WITH SUBDIVISION NINE-A OF THIS SECTION. PROVIDED THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD THE NUMERICAL LIMITS ESTABLISHED BY THIS SUBDIVISION. (c) For purposes of determining the total number of charters issued within the numerical limits established by this subdivision, the approval date of the charter entity shall be the determining factor. S. 2506 30 A. 3006 (d) Notwithstanding any provision of this article to the contrary, any charter authorized to be issued by chapter fifty-seven of the laws of two thousand seven effective July first, two thousand seven, and that remains unissued as of July first, two thousand fifteen, may be issued pursuant to the provisions of law applicable to a charter authorized to be issued by such chapter in effect as of June fifteenth, two thousand fifteen; provided however that nothing in this paragraph shall be construed to increase the numerical limit applicable to a city having a population of one million or more as provided in paragraph (a) of this subdivision, as amended by [a] SUBPART A OF PART B OF chapter TWENTY of the laws of two thousand fifteen [which added this paragraph]. § 37. Paragraph a of subdivision 6-g of section 3602 of the education law, as amended by section 11-a of part A of chapter 54 of the laws of 2016, is amended to read as follows: a. The city school district of the city of New York, upon documenting that it has incurred total aggregate expenses of forty million dollars or more pursuant to subparagraph five of paragraph (e) of subdivision three of section twenty-eight hundred fifty-three of this chapter, shall be eligible for an apportionment THROUGH THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, pursuant to this subdivision for its annual approved expenditures INCURRED THROUGH THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR, for the lease of space for charter schools incurred in the base year in accordance with paragraph (e) of subdivision three of section twenty-eight hundred fifty-three of this chapter. § 38. Section 3 of chapter 507 of the laws of 1974, relating to providing for the apportionment of state monies to certain nonpublic schools, to reimburse them for their expenses in complying with certain state requirements for the administration of state testing and evaluation programs and for participation in state programs for the reporting of basic educational data, as amended by chapter 347 of the laws of 2018, is amended to read as follows: § 3. Apportionment. a. The commissioner shall annually apportion to each qualifying school, for school years beginning on and after July first, nineteen hundred seventy-four, an amount equal to the actual cost incurred by each such school during the preceding school year for providing services required by law to be rendered to the state in compliance with the requirements of the state's pupil evaluation program, the basic educational data system, regents examinations, the statewide evaluation plan, the uniform procedure for pupil attendance reporting, the state's immunization program and other similar state prepared examinations and reporting procedures. PROVIDED THAT EACH NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR TO REIMBURSE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR EXPENSES SHALL SUBMIT A CLAIM FOR SUCH AID TO THE STATE EDUCATION DEPARTMENT NO LATER THAN MAY FIFTEENTH, TWO THOU- SAND TWENTY-ONE AND SUCH CLAIMS SHALL BE PAID BY THE STATE EDUCATION DEPARTMENT NO LATER THAN JUNE THIRTIETH, TWO THOUSAND TWENTY-ONE. PROVIDED FURTHER THAT EACH NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER SHALL SUBMIT A CLAIM FOR SUCH AID TO THE STATE EDUCATION DEPARTMENT NO LATER THAN APRIL FIRST OF THE SCHOOL YEAR IN WHICH AID IS PAYABLE AND SUCH CLAIMS SHALL BE PAID BY THE STATE EDUCATION DEPARTMENT NO LATER THAN MAY THIRTY-FIRST OF SUCH SCHOOL YEAR. PROVIDED, HOWEVER, THAT THE STATE'S LIABILITY UNDER THIS SECTION SHALL BE LIMITED TO THE ANNUAL AMOUNT APPROPRIATED FOR SUCH PURPOSE. IN THE EVENT THAT TOTAL S. 2506 31 A. 3006 CLAIMS SUBMITTED EXCEED THE APPROPRIATION AVAILABLE FOR SUCH AID, EACH CLAIMANT SHALL ONLY BE REIMBURSED AN AMOUNT EQUAL TO THE PERCENTAGE THAT EACH SUCH CLAIMANT REPRESENTS TO THE TOTAL OF ALL CLAIMS SUBMITTED. b. Such nonpublic schools shall be eligible to receive aid based on the number of days or portion of days attendance is taken and either a 5.0/5.5 hour standard instructional day, or another work day as certi- fied by the nonpublic school officials, in accordance with the methodol- ogy for computing salary and benefits applied by the department in paying aid for the two thousand twelve--two thousand thirteen and prior school years. c. The commissioner shall annually apportion to each qualifying school in the cities of New York, Buffalo and Rochester, for school years beginning on or after July first two thousand sixteen, an amount equal to the actual cost incurred by each such school during the preceding school year in meeting the recording and reporting requirements of the state school immunization program, provided that the state's liability shall be limited to the amount appropriated for this purpose. § 39. 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 30 of part A of chapter 56 of the laws of 2020, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section for the reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, reimbursement for the 2019--2020 school year shall not exceed 57.7 percent of the lesser of such approvable costs per contact hour or fifteen dollars sixty cents per contact hour, [and] reimbursement for the 2020--2021 school year shall not exceed 56.9 percent of the lesser of such approvable costs per contact hour or sixteen dollars and twen- ty-five cents per contact hour, AND REIMBURSEMENT FOR THE 2021--2022 SCHOOL YEAR SHALL NOT EXCEED 56.0 PERCENT OF THE LESSER OF SUCH APPROVA- BLE COSTS PER CONTACT HOUR OR SIXTEEN DOLLARS AND THIRTY-FIVE CENTS PER CONTACT HOUR, and 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 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school year such contact hours shall not exceed one million four hundred forty-four thousand four hundred forty-four (1,444,444); [and] for the 2020--2021 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); AND FOR THE 2021--2022 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION TWO HUNDRED FIFTY-SIX THOUSAND EIGHT HUNDRED THIRTY (1,256,830). Notwithstanding any other provision of law to the contrary, the appor- tionment calculated for the city school district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligi- ble for aid in accordance with the provisions of such subdivision 11 of section 3602 of the education law. § 40. 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 z to read as follows: S. 2506 32 A. 3006 Z. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2021--2022 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,500,000). § 41. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 32 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2021] 2022. § 42. 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 section 34 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 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, [2021] 2022 when upon such date the provisions of this act shall be deemed repealed. § 43. 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 section 35 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 4. This act shall take effect July 1, 2002 and section one of this act shall expire and be deemed repealed June 30, 2019, and sections two and three of this act shall expire and be deemed repealed on June 30, [2021] 2022. § 44. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to the implementation of the No Child Left Behind Act of 2001, as amended by section 36 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 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, [2021] 2022. § 45. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2021--2022 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational 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. § 46. 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 2022 and not later than the last day of the third full business week of June 2022, a school district eligible for an apportion- ment 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, 2022, for salary expenses incurred between April 1 and S. 2506 33 A. 3006 June 30, 2021 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 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 educa- tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- nation adjustment for 2011--2012 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. 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. § 47. 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, 2022, 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, 2022 and such apportionment shall S. 2506 34 A. 3006 not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery 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. § 48. 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 2021--2022 school year, as a non-component school district, services required by article 19 of the education law. § 49. The amounts specified in this section shall be a set-aside from the state funds which each such district is receiving from the total foundation aid: a. for the development, maintenance or expansion of magnet schools or magnet school programs for the 2021--2022 school year. For the city school district of the city of New York there shall be a setaside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars S. 2506 35 A. 3006 ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). b. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such setaside 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 associ- ated with implementation of an alternative approach to promote diversity and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substan- tial concentrations of minority students. c. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this paragraph, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance improvement and dropout prevention for the 2021--2022 school year, and 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 2021--2022 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 section to communi- ty-based organizations. Any increase required pursuant to this section 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 2021--2022 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars S. 2506 36 A. 3006 ($1,741,000); for the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion 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 distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate 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. § 50. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2021 enacting the aid to localities budget shall be apportioned for the 2021--2022 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 2021--2022 by a chapter of the laws of 2021 enacting the education, labor and fami- ly assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of educa- tion 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. § 51. 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. § 52. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2021, provided, however, that: S. 2506 37 A. 3006 1. Sections one, twenty-three, twenty-six, forty-one, forty-three, forty-four, forty-five, forty-eight and forty-nine of this act shall take effect July 1, 2021; 2. Sections twenty-nine and thirty-one of this act shall take effect July 1, 2022; 3. Section thirty-three of this act shall take effect September 1, 2024; 4. The amendments to paragraph (a) of subdivision 1 of section 2856 of the education law made by section thirty-four of this act shall be subject to the expiration 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 thirty-five of this act shall take effect; and 5. The amendments to paragraph (a-1) of subdivision 1 of section 2856 of the education law made by section thirty-six of this act shall be subject to the expiration 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 thirty-six-a of this act shall take effect. 6. The amendments to chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by a consortium for worker education in New York City made by sections thirty-nine and forty of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. PART B Section 1. Section 1503 of the business corporation law is amended by adding a new paragraph (h) to read as follows: (H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFES- SIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPORATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN S. 2506 38 A. 3006 LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION. § 2. Section 1507 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE THE PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES- SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS. NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN VIOLATION OF THIS SECTION SHALL BE VOID. § 3. Section 1508 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI- NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI- CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI- CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN ANY STATE THE PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF THEIR PROFESSIONS IN SUCH CORPORATION. § 4. Section 1509 of the business corporation law, as amended by chap- ter 550 of the laws of 2011, is amended to read as follows: § 1509. Disqualification of shareholders, directors, officers and employees. If any shareholder, director, officer or employee of a professional service corporation, including a design professional service corpo- ration, who has been rendering professional service to the public becomes legally disqualified to practice his OR HER profession within this state, he OR SHE shall sever all employment with, and financial interests (other than interests as a creditor) in, such corporation forthwith or as otherwise provided in section 1510 of this article. All provisions of law regulating the rendering of professional services by a person elected or appointed to a public office shall be applicable to a S. 2506 39 A. 3006 shareholder, director, officer and employee of such corporation in the same manner and to the same extent as if fully set forth herein. Such legal disqualification to practice his OR HER profession within this state shall be deemed to constitute an irrevocable offer by the disqual- ified shareholder to sell his OR HER shares to the corporation, pursuant to the provisions of section 1510 of this article or of the certificate of incorporation, by-laws or agreement among the corporation and all shareholders, whichever is applicable. Compliance with the terms of such offer shall be specifically enforceable in the courts of this state. A professional service corporation's failure to enforce compliance with this provision shall constitute a ground for forfeiture of its certif- icate of incorporation and its dissolution. § 5. Paragraph (a) of section 1511 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended and a new para- graph (c) is added to read as follows: (a) No shareholder of a professional service corporation [or], INCLUD- ING a design professional service corporation, may sell or transfer his OR HER shares in such corporation except to another individual who is eligible to have shares issued to him OR HER by such corporation or except in trust to another individual who would be eligible to receive shares if he OR SHE were employed by the corporation. Nothing herein contained shall be construed to prohibit the transfer of shares by oper- ation of law or by court decree. No transferee of shares by operation of law or court decree may vote the shares for any purpose whatsoever except with respect to corporate action under sections 909 and 1001 of this chapter. The restriction in the preceding sentence shall not apply, however, where such transferee would be eligible to have shares issued to him OR HER if he OR SHE were an employee of the corporation and, if there are other shareholders, a majority of such other shareholders shall fail to redeem the shares so transferred, pursuant to section 1510 of this article, within sixty days of receiving written notice of such transfer. Any sale or transfer, except by operation of law or court decree or except for a corporation having only one shareholder, may be made only after the same shall have been approved by the board of direc- tors, or at a shareholders' meeting specially called for such purpose by such proportion, not less than a majority, of the outstanding shares as may be provided in the certificate of incorporation or in the by-laws of such professional service corporation. At such shareholders' meeting the shares held by the shareholder proposing to sell or transfer his OR HER shares may not be voted or counted for any purpose, unless all share- holders consent that such shares be voted or counted. The certificate of incorporation or the by-laws of the professional service corporation, or the professional service corporation and the shareholders by private agreement, may provide, in lieu of or in addition to the foregoing provisions, for the alienation of shares and may require the redemption or purchase of such shares by such corporation at prices and in a manner specifically set forth therein. The existence of the restrictions on the sale or transfer of shares, as contained in this article and, if appli- cable, in the certificate of incorporation, by-laws, stock purchase or stock redemption agreement, shall be noted conspicuously on the face or back of every certificate for shares issued by a professional service corporation. Any sale or transfer in violation of such restrictions shall be void. (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE S. 2506 40 A. 3006 SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE- HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO THIS ARTICLE. § 6. Section 1514 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY, FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES OVER THE ENTIRE THREE YEAR PERIOD THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC ACCOUNTANTS. THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY ASSISTANT SECRETARY OF THE CORPORATION. § 7. Paragraph (d) of section 1525 of the business corporation law, as added by chapter 505 of the laws of 1983, is amended to read as follows: (d) "Foreign professional service corporation" means a professional service corporation, whether or not denominated as such, organized under the laws of a jurisdiction other than this state, all of the sharehold- ers, directors and officers of which are authorized and licensed to practice the profession for which such corporation is licensed to do business; except that all shareholders, directors and officers of a foreign professional service corporation which provides health services in this state shall be licensed in this state. A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, OR EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE S. 2506 41 A. 3006 BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTER- EST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI- NESS OR MANAGEMENT OF THE FIRM. § 8. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clinical social work in this state. Each part- ner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. Each partner of a regis- tered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursu- ant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a registered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN- TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE S. 2506 42 A. 3006 EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 9. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a foreign limited liability partnership which provides professional engi- neering, land surveying, geological services, architectural and/or land- scape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and S. 2506 43 A. 3006 family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liability partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analy- sis in this state. A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMIT- ED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY- TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 10. Subdivision (h) of section 121-101 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (h) "Limited partnership" and "domestic limited partnership" mean, unless the context otherwise requires, a partnership (i) formed by two or more persons pursuant to this article or which complies with subdivi- sion (a) of section 121-1202 of this article and (ii) having one or more general partners and one or more limited partners. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF S. 2506 44 A. 3006 THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICEN- SEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTIC- IPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSI- NESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI- NESS OR MANAGEMENT OF THE FIRM. § 11. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural, landscape architectural and/or geological services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the educa- tion law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a profes- sional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice crea- S. 2506 45 A. 3006 tive arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liabil- ity company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE LIMIT- ED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY- TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 12. Subdivision (a) of section 1301 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this S. 2506 46 A. 3006 state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, geologic, architectural and/or land- scape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in S. 2506 47 A. 3006 this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC- TICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINAN- CIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTER- EST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPI- TAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTI- TY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES- SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI- NESS OR MANAGEMENT OF THE FIRM. § 13. Notwithstanding any other provision of law to the contrary, there is hereby established a fee for each non-licensee owner of a firm that is incorporating as a professional service corporation formed to lawfully engage in the practice of public accountancy. Such non-licensee owner shall pay a fee of three hundred dollars to the department of education on an annual basis. S. 2506 48 A. 3006 § 14. This act shall take effect immediately. PART C Section 1. The education law is amended by adding a new section 210-d to read as follows: § 210-D. REGISTRATION OF CURRICULA. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, ANY NEW CURRICULUM OR PROGRAM OF STUDY OFFERED BY ANY NOT-FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT DOES NOT REQUIRE A MASTER PLAN AMENDMENT PURSUANT TO SECTION TWO HUNDRED THIRTY- SEVEN OF THIS PART, OR CHARTER AMENDMENT PURSUANT TO SECTION TWO HUNDRED SIXTEEN OF THIS PART, OR LEAD TO PROFESSIONAL LICENSURE; AND THAT IS APPROVED BY THE STATE UNIVERSITY BOARD OF TRUSTEES, THE CITY UNIVERSITY BOARD OF TRUSTEES, OR THE TRUSTEES OR GOVERNING BODY OF ANY OTHER NOT- FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS WHICH (1) HAS MAINTAINED A PHYSICAL PRESENCE IN NEW YORK STATE FOR THE IMMEDIATELY PRECEDING TEN YEARS AND HAS BEEN OPERATED CONTINUOUSLY BY THE SAME GOVERNING BODY DURING THE SAME IMMEDIATELY PRECEDING TEN YEAR PERIOD AND (2) IS ACCREDITED AND HAS CONTINUED IN ACCREDITATION BY THE MIDDLE STATES COMMISSION ON HIGHER EDUCATION ("MSCHE") OR THE DEPARTMENT FOR THE IMMEDIATELY PRECEDING TEN YEARS, SHALL BE DEEMED REGISTERED WITH THE DEPARTMENT THIRTY DAYS AFTER NOTIFICATION OF APPROVAL BY SUCH COLLEGE OR UNIVERSITY'S GOVERNING BODY. IF THE COLLEGE OR UNIVERSITY IS PLACED ON PROBATION OR HAS ITS ACCREDITATION TERMINATED BY MSCHE, SUCH COLLEGE OR UNIVERSITY SHALL NOTIFY THE REGENTS IN WRITING NO LATER THAN THIRTY DAYS AFTER RECEIVING NOTICE OF ITS PROBATIONARY STATUS OR LOSS OF ACCREDI- TATION BY THE MSCHE. ANY COLLEGE OR UNIVERSITY WHICH HAS ITS ACCREDI- TATION PLACED ON PROBATION OR TERMINATED BY THE MSCHE OR THE EDUCATION DEPARTMENT SHALL BE SUBJECT TO THE COMMISSIONER'S PROGRAM APPROVAL UNTIL IT HAS BEEN REMOVED FROM PROBATION OR REGAINED ACCREDITATION BY MSCHE OR THE EDUCATION DEPARTMENT, AND SHALL FURTHER REMAIN SUBJECT TO SUCH COMMISSIONER'S PROGRAM APPROVAL UNTIL IT HAS CONTINUED WITHOUT PROBATION FOR A PERIOD OF NOT LESS THAN SIX YEARS. IF A COLLEGE OR UNIVERSITY SUBJECT TO THIS SECTION INTENDS TO OFFER OR INSTITUTE AN ADDITIONAL DEGREE OR PROGRAM WHICH CONSTITUTES A "SUBSTANTIVE CHANGE," AS DEFINED AND DETERMINED BY MSCHE, THEN THE COLLEGE OR UNIVERSITY SHALL PROVIDE THE COMMISSIONER WITH COPIES OF ANY REPORTS OR OTHER DOCUMENTS FILED WITH MSCHE AS PART OF MSCHE'S SUBSTANTIVE CHANGE REVIEW PROCESS AND SHALL INFORM THE COMMISSIONER WHEN THE SUBSTANTIVE CHANGE IS APPROVED. ANY SUCH COLLEGE OR UNIVERSITY THAT DOES NOT SATISFY ALL OF THE PROVISIONS OF THIS PARAGRAPH SHALL COMPLY WITH THE PROCEDURES AND CRITE- RIA ESTABLISHED BY THE REGENTS AND COMMISSIONER FOR ACADEMIC PROGRAM APPROVAL. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE DEPART- MENT'S EXISTING AUTHORITY TO INVESTIGATE A COMPLAINT CONCERNING THE INSTITUTION, OR ANY PROGRAM OFFERED, INCLUDING THE AUTHORITY TO DEREGIS- TER THE PROGRAM. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. PART D Section 1. Section 4 of subpart A of part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, as amended by S. 2506 49 A. 3006 section 1 of part Q of chapter 54 of the laws of 2016, is amended to read as follows: § 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2021] 2026. § 2. Section 4 of subpart B of part D of chapter 58 of the laws of 2011 amending the education law relating to procurement in support of the state and city universities, as amended by section 2 of part Q of chapter 54 of the laws of 2016, is amended to read as follows: § 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2021] 2026. § 3. Section 3 of subpart C of part D of chapter 58 of the laws of 2011 amending the education law relating to state university health care facilities, as amended by section 3 of part Q of chapter 54 of the laws of 2016, is amended to read as follows: § 3. This act shall take effect immediately, and shall expire and be deemed repealed June 30, [2021] 2026. § 4. Subdivision 5 of section 355 of the education law is amended by adding a new paragraph f to read as follows: F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AUTHORIZE CONTRACTS FOR THE PURCHASE OF SERVICES OR TECHNOLOGY FROM A CONSORTIUM AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, EXCEPT THAT SUCH DEFINITION AS APPLIED TO THE BOARD SHALL INCLUDE THE PURCHASE OF SERVICES AND TECHNOLOGY. § 5. This act shall take effect immediately; provided, however, that the amendments to subdivision 5 of section 355 of the education law made by section four of this act shall not affect the expiration of such subdivision and shall expire therewith. PART E Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by section 1 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: (4) The trustees shall not impose a differential tuition charge based upon need or income. Except as hereinafter provided, all students enrolled in programs leading to like degrees at state-operated insti- tutions of the state university shall be charged a uniform rate of tuition except for differential tuition rates based on state residency, AND FLEXIBLE TUITION RATE CATEGORIES TO INCREASE RESEARCH CAPACITY FOR THE FOUR UNIVERSITY CENTERS (ALBANY, BINGHAMTON, BUFFALO (UNIVERSITY), AND STONY BROOK) AND THE FIVE OTHER DOCTORAL DEGREE GRANTING INSTI- TUTIONS (DOWNSTATE MEDICAL CENTER, UPSTATE MEDICAL CENTER, THE COLLEGE OF OPTOMETRY, THE COLLEGE OF ENVIRONMENTAL SCIENCE AND FORESTRY, AND THE COLLEGE OF TECHNOLOGY AT UTICA/ROME/STATE UNIVERSITY POLYTECHNIC INSTI- TUTE); PROVIDED, HOWEVER, THAT A PORTION OF REVENUE GENERATED BY SUCH FLEXIBLE TUITION RATE CATEGORIES SHALL BE USED TO ENSURE THAT NO STUDENT IS UNABLE TO ATTEND AN INSTITUTION OF CHOICE BASED ON INCOME. ANY FLEX- IBLE TUITION RATE CATEGORIES MUST BE RECOMMENDED BY THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK AND APPROVED BY THE TRUSTEES; PROVIDED, HOWEVER, THAT SUCH FLEXIBLE TUITION RATES BASED ON SECTOR SHALL NOT VARY BY MORE THAN 1.5 TIMES FROM THE MINIMUM RATE WITHIN EACH TYPE OF TUITION RATE. Provided, however, that the trustees may authorize the presidents of the colleges of technology and the colleges of agriculture and tech- nology to set differing rates of tuition for each of the colleges for students enrolled in degree-granting programs leading to an associate degree and non-degree granting programs so long as such tuition rate S. 2506 50 A. 3006 does not exceed the tuition rate charged to students who are enrolled in like degree programs or degree-granting undergraduate programs leading to a baccalaureate degree at other state-operated institutions of the state university of New York. Notwithstanding any other provision of this subparagraph, the trustees may authorize the setting of [a] sepa- rate [category] CATEGORIES of tuition [rate] RATES AS FOLLOWS; "DISTANCE LEARNING RATE", that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state, AND "HIGH DEMAND CERTIFICATE PROGRAM RATE", THAT SHALL BE SET AT A LEVEL DEEMED APPROPRIATE UPON RECOMMENDATION OF THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK AND APPROVED BY THE BOARD OF TRUS- TEES WHICH RATE SHALL BE LOWER THAN STANDARD RATES OF TUITION, FOR IDEN- TIFIED CERTIFICATION PROGRAMS TO BE RECOMMENDED BY THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK. Except as otherwise authorized in this subparagraph, the trustees shall not adopt changes affecting tuition charges prior to the enactment of the annual budget, provided however that: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year the state university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand sixteen--two thousand seventeen academic year if the annual resident undergraduate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this title, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corre- sponding semester, quarter or term. (ii) Commencing with the two thousand seventeen--two thousand eighteen academic year and ending in the two thousand twenty--two thousand twen- ty-one academic year the state university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than two hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided, however that if the annual resident undergradu- ate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this title, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. Provided, further that the revenue resulting from an increase in the rate of tuition shall be allocated to each campus pursuant to a plan approved by the board of trustees to support investments in new classroom faculty, instruction, initiatives to S. 2506 51 A. 3006 improve student success and on-time completion and a tuition credit for each eligible student. (iii) COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN- TY-TWO ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE ACADEMIC YEAR, UPON RECOMMENDATION OF THE CHANCEL- LOR OF THE STATE UNIVERSITY OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO APPROVE AN INCREASE OF THE RESIDENT UNDERGRADUATE RATE OF TUITION BY NO MORE THAN TWO HUNDRED DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR ACADEMIC YEAR, PROVIDED, HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMES- TER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM. PROVIDED FURTHER THAT THE REVENUE RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN NEW CLASS- ROOM FACULTY, INSTRUCTION, INITIATIVES TO IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT. (IV) On or before November thirtieth, two thousand [seventeen] TWEN- TY-ONE, the trustees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the four year period commencing with the two thousand [seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen- ty-one] TWENTY-FIVE academic year, and shall submit any proposed amend- ments to such plan by November thirtieth of each subsequent year there- after through November thirtieth, two thousand [twenty] TWENTY-FOUR, and provided further, that with the approval of the board of trustees, each university center may increase non-resident undergraduate tuition rates each year by not more than ten percent over the tuition rates of the prior academic year for a six year period commencing with the two thou- sand eleven--two thousand twelve academic year and ending in the two thousand sixteen--two thousand seventeen academic year. [(iv)] (V) Beginning in state fiscal year two thousand twelve-two thousand thirteen and ending in state fiscal year two thousand fifteen- -two thousand sixteen, the state shall appropriate and make available general fund operating support, including fringe benefits, for the state university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses at the state university and city univer- sity may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply. [(v)] (VI) Beginning in state fiscal year two thousand seventeen--two thousand eighteen and ending in state fiscal year two thousand twenty-- two thousand twenty-one, the state shall appropriate and make available general fund operating support, including fringe benefits, for the state S. 2506 52 A. 3006 university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses at the state university and city univer- sity may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply; provided further, the state shall appropriate and make available general fund support to fully fund the tuition credit pursuant to subdivision two of section six hundred sixty-nine-h of this title. (VII) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN- TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR THE STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE. [(vi)] (VIII) For the state university fiscal years commencing two thousand eleven--two thousand twelve and ending two thousand fifteen-- two thousand sixteen, each university center may set aside a portion of its tuition revenues derived from tuition increases to provide increased financial aid for New York state resident undergraduate students whose net taxable income is eighty thousand dollars or more subject to the approval of a NY-SUNY 2020 proposal by the governor and the chancellor of the state university of New York. Nothing in this paragraph shall be construed as to authorize that students whose net taxable income is eighty thousand dollars or more are eligible for tuition assistance program awards pursuant to section six hundred sixty-seven of this [chapter] TITLE. § 2. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by section 2 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: (a) The board of trustees shall establish positions, departments, divisions and faculties; appoint and in accordance with the provisions of law fix salaries of instructional and non-instructional employees therein; establish and conduct courses and curricula; prescribe condi- tions of student admission, attendance and discharge; and shall have the power to determine in its discretion whether tuition shall be charged and to regulate tuition charges, and other instructional and non-in- structional fees and other fees and charges at the educational units of the city university. The trustees shall review any proposed community college tuition increase and the justification for such increase. The justification provided by the community college for such increase shall include a detailed analysis of ongoing operating costs, capital, debt service expenditures, and all revenues. The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at the senior colleges shall be charged a uniform rate of tuition, except for differential tuition rates based on state residency, AND A FLEXIBLE TUITION RATE S. 2506 53 A. 3006 CATEGORY TO INCREASE RESEARCH CAPACITY FOR DOCTORAL DEGREE GRANTING AUTHORIZED INSTITUTIONS; PROVIDED, HOWEVER, THAT A PORTION OF REVENUE GENERATED BY SUCH FLEXIBLE TUITION RATE CATEGORY SHALL BE USED TO ENSURE THAT NO STUDENT IS UNABLE TO ATTEND AN INSTITUTION OF CHOICE BASED ON INCOME. SUCH FLEXIBLE TUITION RATE CATEGORY MUST BE RECOMMENDED BY THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK AND APPROVED BY THE TRUS- TEES; PROVIDED, HOWEVER, THAT SUCH FLEXIBLE TUITION RATE SHALL NOT VARY BY MORE THAN 1.5 TIMES FROM THE MINIMUM RATE WITHIN EACH TYPE OF TUITION RATE. Notwithstanding any other provision of this paragraph, the trus- tees may authorize the setting of [a] separate [category] CATEGORIES of tuition [rate] RATES AS FOLLOWS; "DISTANCE LEARNING RATE", that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state, AND "HIGH DEMAND CERTIFICATE PROGRAM RATE", THAT SHALL BE SET AT A LEVEL DEEMED APPROPRIATE UPON RECOMMENDATION OF THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK AND APPROVED BY THE BOARD OF TRUSTEES WHICH RATE SHALL BE LOWER THAN STANDARD RATES OF TUITION, FOR IDENTIFIED CERTIFICATION PROGRAMS TO BE RECOMMENDED BY THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK; provided, however, that: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year, the city university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that commencing with the two thousand eleven--two thousand twelve academic year and ending with the two thou- sand sixteen--two thousand seventeen academic year if the annual resi- dent undergraduate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this chapter, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. (ii) Commencing with the two thousand seventeen--two thousand eighteen academic year and ending in the two thousand twenty--two thousand twen- ty-one academic year the city university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than two hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that if the annual resident undergradu- ate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this [title] CHAPTER, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. Provided, further that the revenue resulting from an increase in the rate of tuition shall be allo- cated to each campus pursuant to a plan approved by the board of trus- S. 2506 54 A. 3006 tees to support investments in new classroom faculty, instruction, initiatives to improve student success and on-time completion and a tuition credit for each eligible student. (iii) COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN- TY-TWO ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE ACADEMIC YEAR, UPON RECOMMENDATION OF THE CHANCEL- LOR OF THE CITY UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO APPROVE AN INCREASE OF THE RESI- DENT UNDERGRADUATE RATE OF TUITION BY NOT MORE THAN TWO HUNDRED DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR ACADEMIC YEAR; PROVIDED, HOWEVER, THAT IF THE ANNUAL RESIDENT UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPO- RATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS CHAPTER, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM. PROVIDED, FURTHER THAT THE REVENUE RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN NEW CLASSROOM FACULTY, INSTRUCTION, INITIATIVES TO IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT. (IV) On or before November thirtieth, two thousand [seventeen] TWEN- TY-ONE, the trustees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the four year period commencing with the two thousand [seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen- ty-one] TWENTY-FIVE academic year, and shall submit any proposed amend- ments to such plan by November thirtieth of each subsequent year there- after through November thirtieth, two thousand [twenty] TWENTY-FOUR. [(iv)] (V) Beginning in state fiscal year two thousand twelve--two thousand thirteen and ending in state fiscal year two thousand fifteen- -two thousand sixteen, the state shall appropriate and make available state support for operating expenses, including fringe benefits, for the city university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emer- gency to the temporary president of the senate and speaker of the assem- bly, state support for operating expenses of the state university and city university may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply. [(v)] (VI) Beginning in state fiscal year two thousand seventeen--two thousand eighteen and ending in state fiscal year two thousand twenty-- two thousand twenty-one, the state shall appropriate and make available general fund operating support, including fringe benefits, for the city university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses at the state university and city univer- S. 2506 55 A. 3006 sity may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply; provided further, the state shall appropriate and make available general fund support to fully fund the tuition credit pursuant to subdivision two of section six hundred sixty-nine-h of this chapter. (VII) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN- TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS CHAPTER. § 3. Section 16 of chapter 260 of the laws of 2011, amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, as amended by section 5 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: § 16. This act shall take effect July 1, 2011; provided that sections one, two, three, four, five, six, eight, nine, ten, eleven, twelve and thirteen of this act shall expire [10] 14 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided further that sections fourteen and fifteen of this act shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed. § 4. This act shall take effect immediately; provided, however, that the amendments to subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law made by section one of this act and the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law made by section two of this act shall not affect the expi- ration of such paragraph and subparagraph and shall be deemed to expire therewith. PART F Section 1. Notwithstanding any provision of law or regulation to the contrary, for purposes of an award made pursuant to subparts 2 through 4 of part 2 of article 14 of the education law in the 2019--2020 or 2020- -2021 academic years, any semester, quarter or term that a recipient of such an award is unable to complete as a result of the COVID-19 pandemic state disaster emergency declared March 7, 2020, as certified by a college or university and approved by the New York state higher educa- tion services corporation, shall not be considered for purposes of determining the maximum duration of such award for that recipient, and provided further that no such recipient shall suffer a reduction in the original award amount granted pursuant to such subparts in such academic years solely due to inability to complete any semester, quarter or term as a result of the COVID-19 pandemic state disaster emergency declared March 7, 2020, as certified by a college or university and approved by the New York state higher education services corporation. S. 2506 56 A. 3006 § 2. This act shall take effect immediately. PART G Section 1. Subdivision 2 of section 669-h of the education law, as amended by section 1 of part T of chapter 56 of the laws of 2018, is amended to read as follows: 2. Amount. Within amounts appropriated therefor and based on avail- ability of funds, awards shall be granted beginning with the two thou- sand seventeen--two thousand eighteen academic year and thereafter to applicants that the corporation has determined are eligible to receive such awards. The corporation shall grant such awards in an amount up to five thousand five hundred dollars or actual tuition, whichever is less; provided, however, (a) a student who receives educational grants and/or scholarships that cover the student's full cost of attendance shall not be eligible for an award under this program; and (b) an award under this program shall be applied to tuition after the application of payments received under the tuition assistance program pursuant to section six hundred sixty-seven of this subpart, tuition credits pursuant to section six hundred eighty-nine-a of this article, federal Pell grant pursuant to section one thousand seventy of title twenty of the United States code, et seq., and any other program that covers the cost of attendance unless exclusively for non-tuition expenses, and the award under this program shall be reduced in the amount equal to such payments, provided that the combined benefits do not exceed five thousand five hundred dollars. Upon notification of an award under this program, the institu- tion shall defer the amount of tuition. Notwithstanding paragraph h of subdivision two of section three hundred fifty-five and paragraph (a) of subdivision seven of section six thousand two hundred six of this chap- ter, and any other law, rule or regulation to the contrary, the under- graduate tuition charged by the institution to recipients of an award shall not exceed the tuition rate established by the institution for the two thousand sixteen--two thousand seventeen academic year provided, however, that in the two thousand [twenty-one] TWENTY-THREE--two thou- sand [twenty-two] TWENTY-FOUR academic year and every [four years] YEAR thereafter, the undergraduate tuition charged by the institution to recipients of an award shall be reset to equal the tuition rate estab- lished by the institution for the forthcoming academic year, provided further that the tuition credit calculated pursuant to section six hundred eighty-nine-a of this article shall be applied toward the tuition rate charged for recipients of an award under this program. Provided further that the state university of New York and the city university of New York shall provide an additional tuition credit to students receiving an award to cover the remaining cost of tuition. § 2. This act shall take effect immediately. PART H Section 1. Subdivision 1 of section 504 of the executive law, as added by chapter 465 of the laws of 1992, is amended to read as follows: 1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall operate and maintain secure, AND limited secure [and non-secure facilities] AND MAY IN ITS SOLE DISCRETION OPERATE A NON-SECURE FACILITY, for the care, custody, treatment, housing, education, rehabilitation and guidance of youth placed with or committed to the [division] OFFICE OF CHILDREN AND FAMILY SERVICES. S. 2506 57 A. 3006 § 2. Subdivision 5 of section 507-a of the executive law is REPEALED. § 3. (a) Notwithstanding the time period required for notice pursuant to subdivision 15 of section 501 of the executive law, the office of children and family services is authorized to close the Brentwood Resi- dential Center, Red Hook Residential Center, Columbia Girls Secure Center and Goshen Secure Center. At least six months prior to taking any such action, the commissioner of such office 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. (b) The commissioner of the office of children and family services shall be authorized to conduct any and all preparatory actions which may be required to effectuate such closures. § 4. This act shall take effect immediately. PART I Section 1. Section 3 of part N of chapter 56 of the laws of 2020 amending the social services law relating to restructuring financing for residential school placements, is amended to read as follows: § 3. This act shall take effect immediately [and shall expire and be deemed repealed April 1, 2021]; provided however that the amendments to subdivision 10 of section 153 of the social services law made by section one of this act, shall not affect the expiration of such subdivision and shall be deemed to expire therewith. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. PART J Section 1. Section 9 of part G of chapter 57 of the laws of 2013, amending the executive law and the social services law relating to consolidating the youth development and delinquency prevention program and the special delinquency prevention program, as amended by section 1 of part I of chapter 56 of the laws of 2018, is amended to read as follows: § 9. This act shall take effect January 1, 2014 [and shall expire and be deemed repealed on December 31, 2021]. § 2. This act shall take effect immediately. PART K Section 1. Section 4 of part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooper- ative educational services to enter into contracts with the commissioner of children and family services to provide certain services, as amended by section 1 of part J of chapter 56 of the laws of 2018, is amended to read as follows: § 4. This act shall take effect July 1, 2012 [and shall expire June 30, 2021 when upon such date the provisions of this act shall be deemed repealed]. § 2. This act shall take effect immediately. PART L S. 2506 58 A. 3006 Section 1. The opening paragraph of paragraph (g) of subdivision 3 of section 358-a of the social services law is designated subparagraph (i) and new subparagraph (ii) is added to read as follows: (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THIS CHAPTER, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 1-a. Section 371 of the social services law is amended by adding a new subdivision 22 to read as follows: 22. "SUPERVISED SETTING" SHALL MEAN A RESIDENTIAL PLACEMENT IN THE COMMUNITY APPROVED AND SUPERVISED BY AN AUTHORIZED AGENCY OR THE LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES TO PROVIDE A TRANSITIONAL EXPERI- ENCE FOR OLDER YOUTH IN WHICH SUCH YOUTH MAY LIVE INDEPENDENTLY. A SUPERVISED SETTING INCLUDES, BUT IS NOT LIMITED TO, PLACEMENT IN A SUPERVISED INDEPENDENT LIVING PROGRAM, AS DEFINED IN SUBDIVISION TWEN- TY-ONE OF THIS SECTION. § 1-b. Paragraph (c) of subdivision 2 of section 383-a of the social services law, as added by section 5 of part M of chapter 54 of the laws of 2016, is amended to read as follows: (c) "Child care facility" shall mean an institution, group residence, group home, agency operated boarding home, or supervised SETTING, INCLUDING A SUPERVISED independent living program. § 2. The social services law is amended by adding a new section 393 to read as follows: § 393. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAPTER, OR WHOSE CUSTODY AND GUARDIANSHIP WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED EIGHTY-FOUR-B OF THIS TITLE. 2. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFER- ENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE; (II) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH S. 2506 59 A. 3006 THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN; AND (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM IF: (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL; (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (3) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUALIFIED INDI- VIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH. (IV) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S BEST INTER- EST WITHIN THIRTY DAYS OF SUCH APPROVAL. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE CHILD WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMP- TION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE; (II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THIS ARTICLE, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD. 3. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE CHILD'S CASE RECORD. 4. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S S. 2506 60 A. 3006 DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 2-a. Subparagraph 1 of paragraph (g) of subdivision 6 and subdivi- sion 10 of section 398 of the social services law, subparagraph 1 of paragraph (g) of subdivision 6 as amended by chapter 3 of the laws of 2012 and subdivision 10 as amended by chapter 563 of the laws of 1986, are amended to read as follows: (1) Place children in its care and custody or its custody and guardi- anship, in suitable instances, in SUPERVISED SETTINGS, family homes, agency boarding homes, group homes or institutions under the proper safeguards. Such placements can be made either directly, or through an authorized agency, except that, direct placements in agency boarding homes or group homes may be made by the social services district only if the office of children and family services has authorized the district to operate such homes in accordance with the provisions of section three hundred seventy-four-b of this [chapter] ARTICLE and only if suitable care is not otherwise available through an authorized agency under the control of persons of the same religious faith as the child. Where such district places a child in [an] A SUPERVISED SETTING, agency boarding home, group home or institution, either directly, or through an author- ized agency, the district shall certify in writing to the office of children and family services, that such placement was made because it offers the most appropriate and least restrictive level of care for the child, and, is more appropriate than a family foster home placement, or, that such placement is necessary because there are no qualified foster families available within the district who can care for the child. If placements in agency boarding homes, group homes or institutions are the result of a lack of foster parents within a particular district, the office of children and family services shall assist such district to recruit and train foster parents. Placements shall be made only in institutions visited, inspected and supervised in accordance with title three of article seven of this chapter and conducted in conformity with the applicable regulations of the supervising state agency in accordance with title three of article seven of this chapter. With the approval of the office of children and family services, a social services district may place a child in its care and custody or its custody and guardian- ship in a federally funded job corps program and may receive reimburse- ment for the approved costs of appropriate program administration and supervision pursuant to a plan developed by the department and approved by the director of the budget. 10. Any provision of this chapter or any other law notwithstanding, where a foster child for whom a social services official has been making foster care payments is in A SUPERVISED SETTING, INCLUDING A FOSTER CHILD IN attendance at a college or university away from his OR HER foster family boarding home, group home, agency boarding home or insti- tution, a social services official may make foster payments, [not to exceed the amount which would have been paid to a foster parent on behalf of said child had the child been cared for in a foster family boarding home] AT A RATE TO BE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, to such college or university, PROVIDER OF ROOM AND BOARD, OR YOUTH, AS APPROPRIATE, in lieu of payment to the foster parents or authorized agency, for the purpose of room and board, if not otherwise provided. § 3. The social services law is amended by adding a new section 409-h to read as follows: S. 2506 61 A. 3006 § 409-H. ASSESSMENT OF APPROPRIATENESS OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 1. LEGISLATIVE INTENT. IT IS THE INTENT OF THE LEGISLATURE TO PROMOTE POLICIES TO PREVENT FOSTER CARE PLACEMENTS AND KEEP CHILDREN SAFELY AT HOME WITH THEIR FAMILIES AND, WHEN THAT IS NOT POSSIBLE, TO UTILIZE THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE IN THE LEAST RESTRICTIVE ENVIRONMENT TO SUPPORT THE CHILD, AS DETERMINED THROUGH A COMPREHENSIVE ASSESSMENT OF THE CHILD'S PARTICULAR STRENGTHS AND NEEDS. IT IS ALSO THE INTENT OF THE LEGISLATURE TO PRIOR- ITIZE HOME-BASED FOSTER CARE SETTINGS WHENEVER POSSIBLE THROUGH IDEN- TIFICATION AND ENGAGEMENT OF KINSHIP RESOURCES AND INCREASED RECRUITMENT AND RETENTION OF FOSTER HOMES FOR CHILDREN WHO DO NOT HAVE APPROPRIATE KINSHIP RESOURCES. 2. (A) NO LATER THAN THIRTY DAYS OF THE START OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM OF A CHILD IN THE CARE AND CUSTODY OR THE CUSTODY AND GUARDIANSHIP OF THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES THAT OCCURS ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, A QUALIFIED INDIVIDUAL SHALL ASSESS THE APPROPRIATENESS OF SUCH PLACE- MENT UTILIZING AN AGE-APPROPRIATE, EVIDENCE-BASED, VALIDATED, FUNCTIONAL ASSESSMENT TOOL APPROVED BY THE FEDERAL GOVERNMENT FOR SUCH PURPOSE. SUCH ASSESSMENT SHALL BE IN ACCORDANCE WITH 42 UNITED STATES CODE SECTIONS 672 AND 675A AND THE STATE'S APPROVED TITLE IV-E STATE PLAN AND SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) AN ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE CHILD; AND (II) A DETERMINATION OF THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE SETTING, INCLUDING WHETHER THE NEEDS OF THE CHILD CAN BE MET WITH FAMILY MEMBERS OR THROUGH PLACEMENT IN A FOSTER FAMILY HOME, OR IN A SETTING SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION, CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN. SUCH ASSESSMENT SHALL BE COMPLETED IN CONJUNCTION WITH THE FAMILY AND PERMANENCY TEAM ESTABLISHED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION. TO THE EXTENT FEDERALLY ALLOWABLE, THE ASSESSMENT MAY OCCUR PRIOR TO THE PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM. (B) THE FAMILY AND PERMANENCY TEAM SHALL CONSIST OF ALL APPROPRIATE BIOLOGICAL FAMILY MEMBERS, RELATIVES, AND FICTIVE KIN OF THE CHILD, AS WELL AS, AS APPROPRIATE, PROFESSIONALS WHO ARE A RESOURCE TO THE FAMILY OF THE CHILD, INCLUDING BUT NOT LIMITED TO, TEACHERS, MEDICAL OR MENTAL HEALTH PROVIDERS WHO HAVE TREATED THE CHILD, OR CLERGY. IN THE CASE OF A CHILD WHO HAS ATTAINED THE AGE OF FOURTEEN, THE FAMILY AND PERMANENCY TEAM SHALL INCLUDE THE MEMBERS OF THE PERMANENCY PLANNING TEAM FOR THE CHILD IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 675 AND THE STATE'S APPROVED TITLE IV-E STATE PLAN. (C) WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE CHILD MAY NOT BE PLACED IN A FOSTER FAMILY HOME, THE QUALIFIED INDIVIDUAL MUST SPECIFY IN WRITING THE REASONS WHY THE NEEDS OF THE CHILD CANNOT BE MET BY THE CHILD'S FAMILY OR IN A FOSTER FAMILY HOME AND WHY SUCH A PLACEMENT IS NOT THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR SUCH CHILD. SUCH DETERMINATION SHALL INCLUDE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACEMENT IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE; (II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THIS ARTICLE, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; S. 2506 62 A. 3006 (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM OR PARENTING SUPPORTS FOR YOUTH; OR (IV) A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 3. WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE CHILD, TO THE EXTENT PRACTICABLE, SHALL REMOVE SUCH CHILD FROM A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WITHIN THIRTY DAYS, AND IF PLACEMENT OF THE CHILD IS TO CONTINUE, PLACE SAID CHILD WITH FAMILY MEMBERS OR IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE OFFICE OF CHILDREN AND FAMILY SERVICES OR SOCIAL SERVICES DISTRICT MAY ALSO PLACE THE CHILD IN A SETTING SPECIFIED IN PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD. 4. AS USED IN THE SECTION, "QUALIFIED RESIDENTIAL TREATMENT PROGRAM" MEANS A PROGRAM THAT IS A NON-FOSTER FAMILY RESIDENTIAL PROGRAM IN ACCORDANCE WITH 42 UNITED STATE CODE SECTION 672 AND THE STATE'S APPROVED TITLE IV-E STATE PLAN. 5. AS USED IN THIS SECTION, "QUALIFIED INDIVIDUAL" SHALL MEAN A TRAINED PROFESSIONAL OR LICENSED CLINICIAN ACTING WITHIN THEIR SCOPE OF PRACTICE WHO SHALL HAVE CURRENT OR PREVIOUS RELEVANT EXPERIENCE IN THE CHILD WELFARE FIELD AND WHO DOES NOT HAVE A DIRECT ROLE IN CASE MANAGE- MENT OR CASE PLANNING DECISION MAKING AUTHORITY FOR THE CHILD FOR WHOM SUCH ASSESSMENT IS BEING CONDUCTED, IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 672 AND THE STATE'S APPROVED TITLE IV-E STATE PLAN. § 4. The family court act is amended by adding a new section 353.7 to read as follows: § 353.7. PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE. 2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW TO THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI- CATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES S. 2506 63 A. 3006 IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE RESPONDENT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- RY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; AND (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL- IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN- TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALI- FIED RESIDENTIAL TREATMENT PROGRAM IF: (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL; (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (3) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM SERVES THE RESPONDENT'S NEEDS AND BEST INTERESTS OR THE NEED FOR PROTECTION OF THE COMMUNITY DESPITE THE FINDING BY THE QUALIFIED INDI- VIDUAL THAT THE RESPONDENT'S PLACEMENT IN SUCH SETTING IS NOT APPROPRI- ATE; AND (B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH. (IV) IF THE COURT APPROVES THE PLACEMENT OF THE RESPONDENT IN A QUALI- FIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE RESPOND- ENT'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. S. 2506 64 A. 3006 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE TO MOVE THE RESPONDENT FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH RESPONDENT FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE RESPONDENT TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE RESPONDENT'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE RESPONDENT IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; (II) IF THE RESPONDENT HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOM- ING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVID- ING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE RESPONDENT. 4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD. 5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH RESPONDENT, INCLUDING BUT NOT LIMITED TO THE RESPOND- ENT'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 5. Section 355.5 of the family court act is amended by adding a new subdivision 10 to read as follows: 10. WHERE THE RESPONDENT REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTO- DY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT: (A) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPOND- ENT, AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; (B) DOCUMENTING THE SPECIFIC TREATMENT AND SERVICE NEEDS THAT WILL BE MET FOR THE RESPONDENT IN THE PLACEMENT AND THE LENGTH OF TIME THE RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND (C) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE RESPONDENT TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME. § 6. Section 756-a of the family court act is amended by adding a new subdivision (h) to read as follows: S. 2506 65 A. 3006 (H) WHERE THE RESPONDENT REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT: (I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE RESPONDENT CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS OF THE RESPONDENT, AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; (II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE MET FOR THE RESPONDENT IN THE PLACEMENT AND THE LENGTH OF TIME THE RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND (III) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE RESPONDENT TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME. § 7. The family court act is amended by adding a new section 756-b to read as follows: § 756-B. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART. 2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO THIS PART, SUCH SOCIAL SERVICES DISTRICT SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALI- FIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART RESIDES IN A QUAL- IFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN- TY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- S. 2506 66 A. 3006 RY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (I) CONSIDER THE ASSESSMENT, DETERMINATION AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; AND (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL- IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN- TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALI- FIED RESIDENTIAL TREATMENT PROGRAM IF: (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL; (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (3) THAT IT WOULD BE CONTRARY TO THE WELFARE OF THE RESPONDENT TO BE PLACED IN A LESS RESTRICTIVE SETTING AND THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL PROGRAM IS IN THE RESPONDENT'S BEST INTEREST DESPITE THE FINDING BY THE QUALIFIED INDIVIDUAL THAT THE RESPONDENT'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH. (IV) IF THE COURT APPROVES THE PLACEMENT OF THE RESPONDENT IN A QUALI- FIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE RESPOND- ENT'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE RESPOND- ENT FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH RESPONDENT FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE RESPONDENT TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE RESPONDENT'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE RESPONDENT IN: S. 2506 67 A. 3006 (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; (II) IF THE RESPONDENT HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOM- ING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVID- ING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE RESPONDENT. 4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD. 5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH RESPONDENT, INCLUDING BUT NOT LIMITED TO THE RESPOND- ENT'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 8. The opening paragraph of subdivision 5 of section 1017 of the family court act is designated paragraph (a) and a new paragraph (b) is added to read as follows: (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 9. The opening paragraph of subdivision (j) of section 1055 of the family court act is designated paragraph (i) and a new paragraph (ii) is added to read as follows: (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (I) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS PART. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- RY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 10. The family court act is amended by adding a new section 1055-c to read as follows: § 1055-C. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A S. 2506 68 A. 3006 CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN- TY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE. 2. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE- MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN- CY PLAN; AND (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICE LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF: (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL; (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUAL- IFIED INDIVIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. (D) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE CHILD WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, S. 2506 69 A. 3006 THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; (II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHIL- DREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD. 4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE CHILD'S CASE RECORD. 5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 11. Clause (C) of subparagraph (ix) of paragraph 5 of subdivision (c) of section 1089 of the family court act, as added by section 27 of part A of chapter 3 of the laws of 2005, is amended, and a new paragraph 6 is added to read as follows: (C) if the child is over age fourteen and has voluntarily withheld his or her consent to an adoption, the facts and circumstances regarding the child's decision to withhold consent and the reasons therefor[.]; AND (6) WHERE THE CHILD REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COMMISSIONER OF THE SOCIAL SERVICES DISTRICT WITH LEGAL CUSTODY OF THE CHILD SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEAR- ING WITH RESPECT TO THE CHILD: (I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE CHILD CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS OF THE CHILD CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN; (II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE MET FOR THE CHILD IN THE PLACEMENT AND THE LENGTH OF TIME THE CHILD IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND (III) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT TO PREPARE THE CHILD TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME. § 12. The opening paragraph of clause (H) of subparagraph (vii) of paragraph 2 of subdivision (d) of section 1089 of the family court act is designated item (I) and a new item (II) is added to read as follows: (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW AND WHERE SUCH S. 2506 70 A. 3006 CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO ITEM (I) OF THIS CLAUSE AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF THE SOCIAL SERVICES LAW OR SECTION ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND NINETY-ONE-A OR ONE THOUSAND NINETY-SEVEN OF THIS CHAPTER. NOTWITHSTAND- ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 13. The family court act is amended by adding a new section 1091-a to read as follows: § 1091-A. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A FORMER FOSTER CARE YOUTH IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE. 2. (A) WHEN A FORMER FOSTER CARE YOUTH IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE FORMER FOSTER CARE YOUTH INTO A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI- CATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A FORMER FOSTER CARE YOUTH WHOSE LEGAL CUSTODY WAS TRANS- FERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH FORMER FOSTER CARE YOUTH'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARA- GRAPH (A) OF THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVI- SION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A FORMER FOSTER CARE YOUTH REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: S. 2506 71 A. 3006 (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (B) DETERMINE WHETHER THE NEEDS OF THE FORMER FOSTER CARE YOUTH CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE FORMER FOSTER CARE YOUTH IN THE LEAST RESTRICTIVE ENVIRON- MENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE FORMER FOSTER CARE YOUTH, AS SPECIFIED IN THE FORMER FOSTER CARE YOUTH'S PERMANENCY PLAN; AND (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRI- ATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACE- MENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM IF: (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL; (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE FORMER FOSTER CARE YOUTH'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST DESPITE THE FINDING BY THE QUALIFIED INDIVIDUAL THAT THE FORMER FOSTER CARE YOUTH'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. (D) IF THE COURT APPROVES THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE FORMER FOSTER CARE YOUTH WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE TO MOVE THE FORMER FOSTER CARE YOUTH FROM THE QUALIFIED RESI- DENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH FORMER FOSTER CARE YOUTH FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE FORMER FOSTER CARE YOUTH TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN: (A) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; S. 2506 72 A. 3006 (B) IF THE FORMER FOSTER CARE YOUTH HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (C) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (D) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE FORMER FOSTER CARE YOUTH. 5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE FORMER FOSTER CARE YOUTH'S CASE RECORD. 6. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH FORMER FOSTER CARE YOUTH, INCLUDING BUT NOT LIMITED TO THE FORMER FOSTER CARE YOUTH'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 14. The family court act is amended by adding a new section 1097 to read as follows: § 1097. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE. 2. (A) WHEN A CHILD IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE CHILD INTO A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTOR- NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE DATE THE PLACEMENT CHANGE OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING S. 2506 73 A. 3006 SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE- MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN- CY PLAN; AND (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF: (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL; (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUAL- IFIED INDIVIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. (D) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE CHILD WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD IN: (A) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; S. 2506 74 A. 3006 (B) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHIL- DREN; (C) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (D) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD. 5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE CHILD'S CASE RECORD. 6. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 15. The office of court administration and the office of children and family services shall work collaboratively to analyze data regarding the placement of children pursuant to proceedings held under section 393 of the social services law or sections 353.7, 756-b, 1055-c, 1091-a, and 1097 of the family court act in order to identify trends and address any disparities between placement orders issued by the courts and the legis- lative intent outlined in subdivision one of section 409-h of the social services law. Such analysis shall include, but not be limited to, a review of the number of times a judge approves the continuation of placement in a qualified residential treatment program where the quali- fied individual determines that the placement of the child in such qual- ified residential treatment program is not appropriate in accordance with section 409-h of the social services law and the specified reasons for the determinations as required by: clause (B) of subparagraph (iii) of paragraph (a) of subdivision 2 of section 393 of the social services law; or the following provisions of the family court act: clause (B) of subparagraph (iii) of paragraph (a) of subdivision 3 of section 353.7; clause (B) of subparagraph (iii) of paragraph (a) of subdivision 3 of section 756-b; subparagraph (ii) of paragraph (c) of subdivision two of section 1055-c; subparagraph (ii) of paragraph (c) of subdivision 3 of section 1091-a; and subparagraph (ii) of paragraph (c) of subdivision 3 of section 1097. § 16. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder there- of, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the contro- versy in which the judgment shall have been rendered. § 17. This act shall take effect September 29, 2021; provided, howev- er, that: (a) (i) notwithstanding any other provision of law, provisions in this act shall not take effect unless and until the state title IV-E agency submits to the United States Department of Health and Human Services, Administration for Children, Youth and Families, an amendment to the title IV-E state plan and the United States Department of Health and Human Services, Administration for Children, Youth and Families approves said title IV-E state plan amendment regarding when a child is placed in S. 2506 75 A. 3006 a qualified residential treatment program in relation to the following components: (1) the qualified individual and the establishment of the assessment by the qualified individual to be completed prior to or with- in 30-days of the child's placement as established by section three of this act; (2) the 60 day court reviews, including the ability to conduct at the same time as another hearing scheduled for the child, as estab- lished by sections one, two, four, seven, eight, nine, ten, twelve, thirteen and fourteen of this act; and (3) permanency hearing require- ments as established by sections five, six and eleven of this act; (ii) provided however, that if the United States Department of Health and Human Services, Administration for Children, Youth and Families fails to approve or disapproves any of the components listed in para- graph (i) of this subdivision, such action shall not impact the effec- tive date for the remaining components listed therein; (b) the office of children and family services shall inform the legis- lative bill drafting commission upon the occurrence of the submission set forth in subdivision (a) of this section and any approval related thereto in order that the commission may maintain an effective and time- ly database of the official texts of the state of laws of New York in furtherance of effectuating the provisions of section 44 of the legisla- tive law and section 70-b of the public officers law; (c) for the purposes of this act, the term "placement" shall refer only to placements made on or after the effective date of the Title IV-E state plan to establish the 30-day assessment, 60-day court review and permanency hearing requirements set forth in this act that occur on or after its effective date; and (d) the office of children and family services and the office of court administration are hereby authorized to promulgate such rules and regu- lations on an emergency basis as may be necessary to implement the provisions of this act on or before such effective date. PART M Section 1. Subdivision 1 of section 427-a of the social services law, as amended by chapter 45 of the laws of 2011, is amended to read as follows: 1. [Any] EACH social services district [may] SHALL, upon the authori- zation of the office of children and family services, establish a program that implements differential responses to reports of child abuse and maltreatment. Such programs shall create a family assessment and services track as an alternative means of addressing certain matters otherwise investigated as allegations of child abuse or maltreatment pursuant to this title. Notwithstanding any other provision of law to the contrary, the provisions of this section shall apply only to those cases involving allegations of [abuse or] maltreatment in family settings expressly included in the family assessment and services track of the AUTHORIZED differential response program[, and only in those social services districts authorized by the office of children and fami- ly services to implement a differential response program]. Such cases shall not be subject to the requirements otherwise applicable to cases reported to the statewide central register of child abuse and maltreat- ment pursuant to this title, except as set forth in this section. § 2. The opening paragraph and paragraph (a) of subdivision 2 of section 427-a of the social services law, as added by chapter 452 of the laws of 2007, are amended to read as follows: S. 2506 76 A. 3006 [Any] EACH social services district [interested in implementing a differential response program] shall [apply] SUBMIT A PLAN to the office of children and family services ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-THREE for [permission to participate] AUTHORIZATION TO OPERATE A PROGRAM PURSUANT TO SUBDIVISION ONE OF THIS SECTION PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-FOUR. The criteria for [a social services district to participate] AUTHORIZATION will be determined by the office of children and family services after consultation with the office for the prevention of domestic violence[,]; however the social services district's [application must include a] plan [setting] SHALL SET forth the following: (a) in conjunction with any additional requirements imposed by the office of children and family services and the provisions of this subdi- vision, the factors to be considered by the social services district in determining which cases will be addressed through the family assessment and services track and the size of the population to be the subject of the differential response program AND THE PROTOCOLS THAT WILL BE IN PLACE TO REMOVE IMPLICIT BIAS FROM THE DECISION-MAKING PROCESS IN DETER- MINING WHICH CASES WILL BE SUBJECT TO THE DIFFERENTIAL RESPONSE; § 3. The opening paragraph of subdivision 3 of section 427-a of the social services law, as added by chapter 452 of the laws of 2007, is amended to read as follows: The criteria for determining which cases may be placed in the assess- ment track shall be determined by the local department of social services, in conjunction with AND IN ACCORDANCE WITH REQUIREMENTS SET FORTH BY the office of children and family services and after consulta- tion with the office for the prevention of domestic violence. Provided, however, that SUCH CRITERIA SHALL INCLUDE PROTOCOLS TO REMOVE IMPLICIT BIAS IN THE DECISION-MAKING PROCESS. PROVIDED FURTHER, HOWEVER, THAT reports including any of the following allegations shall not be included in the assessment track of a differential response program: § 4. Subdivision 7 of section 427-a of the social services law, as added by chapter 452 of the laws of 2007, is amended to read as follows: 7. The office of children and family services shall post [the] EACH plan [contained in any application approved] for implementation of a differential response program on the office of children and family services website within sixty days of such approval. § 5. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the office of children and family services is authorized to adopt regulations neces- sary for the implementation of this act on or before its effective date. PART N Section 1. Subdivision 2 of section 212 of the judiciary law is amended by adding a new paragraph (bb) to read as follows: (BB) TO THE EXTENT PRACTICABLE, ESTABLISH SUCH NUMBER OF VETERANS TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI- SION FOUR OF SECTION 170.15 AND SUBDIVISION THREE OF SECTION 180.20 OF THE CRIMINAL PROCEDURE LAW. § 2. Subdivision 5 of section 170.15 of the criminal procedure law, as added by chapter 191 of the laws of 2018, is amended to read as follows: 5. (a) Notwithstanding any provision of this section to the contrary, in any county outside a city having a population of one million or more, upon or after arraignment of a defendant on an information, a simplified information, a prosecutor's information or a misdemeanor complaint pend- S. 2506 77 A. 3006 ing in a local criminal court, such court may, upon DEFENDANT'S motion [of the defendant and after giving the district attorney an opportunity to be heard, order that the action be removed from the court in which the matter is pending to another local criminal court in the same coun- ty, or with consent of the district attorney to another court in an adjoining county, that has been designated as a human trafficking court by the chief administrator of the courts, and such human trafficking court] TO REMOVE THE ACTION TO A COURT IN AN ADJOINING COUNTY THAT HAS BEEN DESIGNATED AS A HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT BY THE CHIEF ADMINISTRATOR OF THE COURTS, AND AFTER GIVING THE DISTRICT ATTORNEY AN OPPORTUNITY TO BE HEARD AND WITH THE CONSENT OF THE DISTRICT ATTORNEY OF THE ADJOINING COUNTY, ORDER THAT THE ACTION BE REMOVED FROM THE COURT IN WHICH THE MATTER IS PENDING TO SUCH HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT, WHEREUPON SUCH COURT may then conduct such action to [judgement] JUDGMENT or other final deposition; provided, however, that MATTERS WHERE THE ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER SHALL NOT BE REMOVED TO A VETERANS TREATMENT COURT; AND PROVIDED FURTHER THAT an order of removal issued under this subdivision shall not take effect until five days after the date the order is issued unless, prior to such effective date, the human trafficking court OR VETERANS TREATMENT COURT notifies the court that issued the order that: i. it will not accept the action, in which event the order shall not take effect; or ii. it will accept the action on a date prior to such effective date, in which event the order shall take effect upon such prior date. (b) Upon providing notification pursuant to subparagraph i or ii of paragraph (a) of this subdivision, the human trafficking court OR VETER- ANS TREATMENT COURT shall promptly give notice to the defendant, his or her counsel, and the district attorney. § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as added by chapter 191 of the laws of 2018, is amended to read as follows: 4. (a) Notwithstanding any provision of this section to the contrary, in any county outside a city having a population of one million or more, upon or after arraignment of a defendant on a felony complaint pending in a local criminal court having preliminary jurisdiction thereof, such court may, upon motion of the defendant and after giving the district attorney an opportunity to be heard, order that the action be removed from the court in which the matter is pending to another local criminal court in the same county, or with consent of the district attorney [to another court in] OF an adjoining county, TO A COURT IN SUCH ADJOINING COUNTY that has been designated as a human trafficking court OR VETERANS TREATMENT COURT by the chief administrator of the courts, and such human trafficking court OR VETERANS TREATMENT COURT may then conduct such action to judgment or other final disposition; provided, however, that MATTERS WHERE THE ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER SHALL NOT BE REMOVED TO A VETERANS TREATMENT COURT; AND PROVIDED FURTHER an order of removal issued under this subdivision shall not take effect until five days after the date the order is issued unless, prior to such effective date, the human trafficking court OR VETERANS TREATMENT COURT notifies the court that issued the order that: i. it will not accept the action, in which event the order shall not take effect; or S. 2506 78 A. 3006 ii. it will accept the action on a date prior to such effective date, in which event the order shall take effect upon such prior date. (b) Upon providing notification pursuant to subparagraph i or ii of paragraph (a) of this subdivision, the human trafficking court OR VETER- ANS TREATMENT COURT shall promptly give notice to the defendant, his or her counsel and the district attorney. § 4. The criminal procedure law is amended by adding a new section 230.21 to read as follows: § 230.21 REMOVAL OF ACTION TO AN ADJOINING COUNTY. 1. IN ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE COURT MAY, UPON MOTION OF THE DEFENDANT AND AFTER GIVING THE DISTRICT ATTORNEY AN OPPORTUNITY TO BE HEARD, AND WITH CONSENT OF THE DISTRICT ATTORNEY OF AN ADJOINING COUNTY THAT HAS A SUPERIOR COURT DESIGNATED A HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT BY THE CHIEF ADMINISTRATOR OF THE COURTS, ORDER THAT THE INDICTMENT AND ACTION BE REMOVED FROM THE COURT IN WHICH THE MATTER IS PENDING TO SUCH HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT, WHEREUPON SUCH COURT MAY THEN CONDUCT SUCH ACTION TO JUDGMENT OR OTHER FINAL DISPOSITION; PROVIDED, HOWEVER, THAT MATTERS WHERE THE ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAP- TER SHALL NOT BE REMOVED TO A VETERANS TREATMENT COURT; AND PROVIDED FURTHER THAT AN ORDER OF REMOVAL ISSUED UNDER THIS SUBDIVISION SHALL NOT TAKE EFFECT UNTIL FIVE DAYS AFTER THE DATE THE ORDER IS ISSUED UNLESS, PRIOR TO SUCH EFFECTIVE DATE, THE HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT NOTIFIES THE COURT THAT ISSUED THE ORDER THAT: (A) IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL NOT TAKE EFFECT, OR (B) IT WILL ACCEPT THE ACTION ON A DATE PRIOR TO SUCH EFFECTIVE DATE, IN WHICH EVENT THE ORDER SHALL TAKE EFFECT UPON SUCH PRIOR DATE. 2. UPON PROVIDING NOTIFICATION PURSUANT TO PARAGRAPH (A) OR (B) OF SUBDIVISION ONE OF THIS SECTION, THE HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT SHALL PROMPTLY GIVE NOTICE TO THE DEFENDANT, HIS OR HER COUNSEL AND THE DISTRICT ATTORNEY OF BOTH COUNTIES. § 5. This act shall take effect immediately. PART O Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preservation program, a sum not to exceed $12,830,000 for the fiscal year ending March 31, 2022. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budg- et, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood pres- ervation program contracts authorized by this section, a total sum not to exceed $12,830,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2020-2021 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law S. 2506 79 A. 3006 are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2021. § 2. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed $5,360,000 for the fiscal year ending March 31, 2022. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed $5,360,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2020-2021 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2021. § 3. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for services and expenses related to homeless housing and preventative services programs including but not limited to the New York state supportive housing program, the solutions to end homelessness program or the operational support for AIDS housing program, or to qualified grantees under such programs, in accordance with the requirements of such programs, a sum not to exceed $45,181,000 for the fiscal year ending March 31, 2022. The homeless housing and assistance corporation may enter into an agreement with the office of temporary and disability assistance to administer such sum in accordance with the requirements of such programs. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the homeless hous- ing and assistance corporation, a total sum not to exceed $45,181,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certi- fied by the state of New York mortgage agency for the fiscal year 2020- 2021 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insur- ance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and main- tain the credit rating as determined by the state of New York mortgage agency, required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer shall be made as soon as practicable but no later than March 31, 2022. S. 2506 80 A. 3006 § 4. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for purposes of reimbursing New York city expenditures for adult shelters, a sum not to exceed $65,568,000 for the fiscal year ending March 31, 2022. Notwithstanding any other inconsistent provision of law, such funds shall be available for eligible costs incurred on or after January 1, 2021, and before January 1, 2022, that are otherwise reimbursable by the state on or after April 1, 2021, and that are claimed by March 31, 2022. Such reimbursement shall constitute total state reimbursement for activities funded herein in state fiscal year 2021-2022, and shall include reimbursement for costs associated with a court mandated plan to improve shelter conditions for medically frail persons and additional costs incurred as part of a plan to reduce over-crowding in congregate shel- ters. The homeless housing and assistance corporation may enter into an agreement with the office of temporary and disability assistance to administer such sum in accordance with the laws, rules or regulations relating to public assistance and care or the administration thereof. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, and the authorization by the members of the state of New York housing finance agency, the state of New York housing finance agency shall transfer to the homeless hous- ing and assistance corporation, a total sum not to exceed $65,568,000, such transfer to be made from excess funds of the housing finance agen- cy, not pledged to the payment of the agency's outstanding bonds. Such transfer shall be made as soon as practicable but no later than March 31, 2022. § 5. This act shall take effect immediately. PART P 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 K of chapter 56 of the laws of 2020, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$150.00] $152.00 for each month beginning on or after January first, two thousand [twenty] TWENTY-ONE. (b) in the case of each individual receiving residential care, an amount equal to at least [$174.00] $176.00 for each month beginning on or after January first, two thousand [twenty] TWENTY-ONE. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$207.00] $210.00 for each month beginning on or after January first, two thousand [twenty] TWENTY-ONE. (d) for the period commencing January first, two thousand [twenty-one] TWENTY-TWO, 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 [twenty-one] TWENTY-TWO, but prior to June thirtieth, two thou- sand [twenty-one] TWENTY-TWO, rounded to the nearest whole dollar. S. 2506 81 A. 3006 § 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 K of chapter 56 of the laws of 2020, are amended to read as follows: (a) On and after January first, two thousand [twenty] TWENTY-ONE, for an eligible individual living alone, [$870.00] $881.00; and for an eligible couple living alone, [$1,279.00] $1,295.00. (b) On and after January first, two thousand [twenty] TWENTY-ONE, for an eligible individual living with others with or without in-kind income, [$806.00] $817.00; and for an eligible couple living with others with or without in-kind income, [$1,221.00] $1,237.00. (c) On and after January first, two thousand [twenty] TWENTY-ONE, (i) for an eligible individual receiving family care, [$1,049.48] $1,060.48 if he or she is receiving such care in the city of New York or the coun- ty 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 individ- ual receiving such care in any other county in the state, [$1,011.48] $1,022.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subpara- graph (iii) of this paragraph. (d) On and after January first, two thousand [twenty] TWENTY-ONE, (i) for an eligible individual receiving residential care, [$1,218.00] $1,229.00 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 individual receiving such care in any other county in the state, [$1,188.00] $1,199.00; 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) On and after January first, two thousand [twenty] TWENTY-ONE, (i) for an eligible individual receiving enhanced residential care, [$1,477.00] $1,488.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subpara- graph (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 [twenty-one] TWENTY- TWO but prior to June thirtieth, two thousand [twenty-one] TWENTY-TWO. § 3. This act shall take effect December 31, 2021. PART Q Section 1. Section 82 of the state finance law, as added by chapter 375 of the laws of 2018, is amended to read as follows: § 82. Gifts to food banks fund. 1. There is hereby established in the sole custody of the commissioner of taxation and finance a special fund to be known as the "gifts to food banks fund". Monies in the fund shall be kept separate from and not commingled with other funds held in the sole custody of the commissioner of taxation and finance. 2. Such fund shall consist of all revenues received by the department of taxation and finance pursuant to the provisions of section six hundred twenty-five-a of the tax law and all other money appropriated, S. 2506 82 A. 3006 credited, or transferred thereto from any other fund or source pursuant to law. Nothing in this section shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. 3. Monies of the fund shall, after appropriation by the legislature, be made available to the [office of temporary and disability assistance] DEPARTMENT OF HEALTH for grants to regional food banks, organized to serve specific regions of the state, that generally collect and redis- tribute food donations to organizations serving persons in need. Monies shall be payable from the fund by the commissioner of taxation and finance on vouchers approved by the commissioner of [temporary and disa- bility assistance] HEALTH. The commissioner of [temporary and disability assistance] HEALTH shall promulgate rules and regulations necessary for the distribution of such grants. 4. To the extent practicable, the commissioner of [the office of temporary and disability assistance] HEALTH shall ensure that all monies received during a fiscal year are expended prior to the end of that fiscal year. 5. On or before the first day of February each year, the comptroller shall certify to the governor, temporary president of the senate, speak- er of the assembly, chair of the senate finance committee and chair of the assembly ways and means committee, the amount of money deposited in the gifts to food banks fund during the preceding calendar year as the result of revenue derived pursuant to section six hundred twenty-five-a of the tax law. 6. On or before the first day of February each year, the commissioner of [the office of temporary and disability assistance] HEALTH shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on social services, chair of the assembly social services committee, and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year and shall include: (a) the amount of money [dispersed] DISBURSED from the fund; (b) the recipients of awards from the fund; (c) the amount awarded to each recipient; (d) the purposes for which such awards were granted; and (e) a summary financial plan for such monies which shall include esti- mates of all receipts and all disbursements for the current and succeed- ing fiscal years, along with the actual results from the prior fiscal year. § 2. This act shall take effect immediately. PART R Section 1. Subdivision 37 of section 292 of the executive law, as amended by chapter 118 of the laws of 2019, is renumbered subdivision 39 and amended to read as follows: 39. The term "educational institution" shall mean: (a) any education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law; or (b) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO THE PUBLIC TO BE NON-SECTARIAN AND WHICH IS UNDER THE SUPERVISION OF THE REGENTS OF THE STATE OF NEW YORK AND WHICH IS NOT EXEMPT FROM TAXATION S. 2506 83 A. 3006 PURSUANT TO THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR (C) any public school, including any school district, board of cooper- ative educational services, public college or public university. § 2. This act shall take effect immediately. PART S Section 1. Subdivisions 37 and 38 of section 292 of the executive law, subdivision 37 as amended by chapter 118, subdivision 37 as added by chapter 160 of the laws of 2019, are renumbered subdivisions 38, 39 and 40 and a new subdivision 41 is added to read as follows: 41. THE TERM "CITIZENSHIP OR IMMIGRATION STATUS" MEANS THE CITIZENSHIP OF ANY PERSON OR THE IMMIGRATION STATUS OF ANY PERSON WHO IS NOT A CITI- ZEN OF THE UNITED STATES. NOTHING IN THIS ARTICLE SHALL PRECLUDE VERIFI- CATION OF CITIZENSHIP OR IMMIGRATION STATUS WHERE REQUIRED BY LAW, NOR SHALL AN ADVERSE ACTION BASED ON VERIFICATION OF CITIZENSHIP OR IMMI- GRATION STATUS BE PROHIBITED WHERE SUCH ADVERSE ACTION IS REQUIRED BY LAW. § 2. Subdivision 1 of section 296 of the executive law, as amended by chapter 365 of the laws of 2015, paragraph (a) as separately amended by chapters 8 and 176 of the laws of 2019, paragraphs (b), (c) and (d) as amended by chapter 8 of the laws of 2019 and paragraph (h) as amended by chapter 161 of the laws of 2019, is amended to read as follows: 1. It shall be an unlawful discriminatory practice: (a) For an employer or licensing agency, because of an individual's age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. (b) For an employment agency to discriminate against any individual because of age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, or marital status, in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers. (c) For a labor organization, because of the age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, disability, predis- posing genetic characteristics, familial status, or marital status of any individual, to exclude or to expel from its membership such individ- ual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer. (d) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publi- cation, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, CITIZENSHIP OR IMMI- GRATION STATUS, sexual orientation, gender identity or expression, mili- tary status, sex, disability, predisposing genetic characteristics, familial status, or marital status, or any intent to make any such limi- S. 2506 84 A. 3006 tation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this para- graph nor any provision of this chapter or other law shall be construed to prohibit the department of civil service or the department of person- nel of any city containing more than one county from requesting informa- tion from applicants for civil service examinations concerning any of the aforementioned characteristics, other than sexual orientation, for the purpose of conducting studies to identify and resolve possible prob- lems in recruitment and testing of members of minority groups to insure the fairest possible and equal opportunities for employment in the civil service for all persons, regardless of age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation or gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, or marital status. (e) For any employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article. (f) Nothing in this subdivision shall affect any restrictions upon the activities of persons licensed by the state liquor authority with respect to persons under twenty-one years of age. (g) For an employer to compel an employee who is pregnant to take a leave of absence, unless the employee is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner. (h) For an employer, licensing agency, employment agency or labor organization to subject any individual to harassment because of an indi- vidual's age, race, creed, color, national origin, CITIZENSHIP OR IMMI- GRATION STATUS, sexual orientation, gender identity or expression, mili- tary status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, or because the individual has opposed any practices forbidden under this article or because the individual has filed a complaint, testified or assisted in any proceeding under this article, regardless of whether such harassment would be considered severe or pervasive under precedent applied to harassment claims. Such harassment is an unlawful discrimina- tory practice when it subjects an individual to inferior terms, condi- tions or privileges of employment because of the individual's membership in one or more of these protected categories. The fact that such indi- vidual did not make a complaint about the harassment to such employer, licensing agency, employment agency or labor organization shall not be determinative of whether such employer, licensing agency, employment agency or labor organization shall be liable. Nothing in this section shall imply that an employee must demonstrate the existence of an indi- vidual to whom the employee's treatment must be compared. It shall be an affirmative defense to liability under this subdivision that the harass- ing conduct does not rise above the level of what a reasonable victim of discrimination with the same protected characteristic or characteristics would consider petty slights or trivial inconveniences. § 3. Subdivision 1-a of section 296 of the executive law, as amended by chapter 365 of the laws of 2015 and paragraphs (b), (c) and (d) as amended by chapter 8 of the laws of 2019, is amended to read as follows: 1-a. It shall be an unlawful discriminatory practice for an employer, labor organization, employment agency or any joint labor-management committee controlling apprentice training programs: S. 2506 85 A. 3006 (a) To select persons for an apprentice training program registered with the state of New York on any basis other than their qualifications, as determined by objective criteria which permit review; (b) To deny to or withhold from any person because of race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien- tation, gender identity or expression, military status, sex, age, disa- bility, familial status, or marital status, the right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training program, executive training program, or other occupational training or retraining program; (c) To discriminate against any person in his or her pursuit of such programs or to discriminate against such a person in the terms, condi- tions or privileges of such programs because of race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, familial status or marital status; (d) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, spec- ification or discrimination as to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, familial status or marital status, or any intention to make any such limitation, specifica- tion or discrimination, unless based on a bona fide occupational quali- fication. § 4. Paragraph (a) of subdivision 2 of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, is amended to read as follows: (a) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, creed, color, national origin, CITIZENSHIP OR IMMI- GRATION STATUS, sexual orientation, gender identity or expression, mili- tary status, sex, disability or marital status of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, disability or marital status, or that the patronage or custom thereat of any person of or purporting to be of any particular race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex or marital status, or having a disability is unwelcome, objectionable or not acceptable, desired or solicited. § 5. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 296 of the executive law, as amended by section 3 of part T of chapter 56 of the laws of 2019, are amended to read as follows: (a) To refuse to sell, rent or lease or otherwise to deny to or with- hold from any person or group of persons such housing accommodations because of the race, creed, color, disability, national origin, CITIZEN- S. 2506 86 A. 3006 SHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status, lawful source of income or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (b) To discriminate against any person because of his or her race, creed, color, disability, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status, lawful source of income or familial status in the terms, conditions or privileges of any publicly-assisted housing accommodations or in the furnishing of facilities or services in connection therewith. (c) To cause to be made any written or oral inquiry or record concern- ing the race, creed, color, disability, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, membership in the reserve armed forces of the United States or in the organized militia of the state, age, sex, marital status, lawful source of income or familial status of a person seeking to rent or lease any publicly-assisted housing accommodation; provided, however, that nothing in this subdivision shall prohibit a member of the reserve armed forces of the United States or in the organized militia of the state from voluntarily disclosing such membership. (c-1) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status, or any intent to make any such limitation, specification or discrimination. § 6. Paragraph (c) of subdivision 3 of section 296 of the executive law, as added by chapter 369 of the laws of 2015, is relettered para- graph (d). § 7. Subdivisions 3-b and 4 of section 296 of the executive law, as amended by chapter 8 and subdivision 4 as separately amended by chapter 116 of the laws of 2019, are amended to read as follows: 3-b. It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership or organization for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to repre- sent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, disability, marital status, or familial status of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in crim- inal or anti-social behavior, or a decline in the quality of schools or other facilities. S. 2506 87 A. 3006 4. It shall be an unlawful discriminatory practice for an educational institution to deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disability, national origin, CITI- ZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age or marital status, except that any such institution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex. § 8. Subdivision 5 of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, subparagraphs 1, 2 and 3 of paragraph (a) as amended by section 4, subparagraphs 1 and 2 of paragraph (c) as amended by section 5, and paragraph (d) as amended by section 6 of part T of chapter 56 of the laws of 2019, is amended to read as follows: 5. (a) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof: (1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (2) To discriminate against any person because of race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status in the terms, conditions or privileges of the sale, rental or lease of any such hous- ing accommodation or in the furnishing of facilities or services in connection therewith. (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status, or any intent to make any such limitation, specification or discrimination. The provisions of this paragraph (a) shall not apply (1) to the rental of a housing accommodation in a building which contains housing accommo- dations for not more than two families living independently of each other, if the owner resides in one of such housing accommodations, (2) to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex or (3) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner resides in such housing accommodation or (4) solely with respect to age and familial status to the restriction of the sale, rental or lease of housing accommodations exclusively to persons sixty- two years of age or older and the spouse of any such person, or for housing intended and operated for occupancy by at least one person S. 2506 88 A. 3006 fifty-five years of age or older per unit. In determining whether hous- ing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (b) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space: (1) To refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons land or commercial space because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available; (2) To discriminate against any person because of race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, or familial status in the terms, conditions or privi- leges of the sale, rental or lease of any such land or commercial space; or in the furnishing of facilities or services in connection therewith; (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, or familial status; or any intent to make any such limitation, specification or discrimination. (4) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of land to be used for the construction, or location of housing accommodations exclusively for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occu- pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (c) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof: (1) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status of such person or persons, or to represent that any housing accommodation, land or commercial space is not available for S. 2506 89 A. 3006 inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodation, land or commer- cial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status of such person or persons. (2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommo- dation, land or commercial space which expresses, directly or indirect- ly, any limitation, specification, or discrimination as to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien- tation, gender identity or expression, military status, sex, age, disa- bility, marital status, lawful source of income or familial status; or any intent to make any such limitation, specification or discrimination. (3) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of any housing accommodation, land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of any hous- ing accommodation or land to be used for the construction or location of housing accommodations for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (d) It shall be an unlawful discriminatory practice for any real estate board, because of the race, creed, color, national origin, CITI- ZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, disability, marital status, lawful source of income or familial status of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such board. (e) It shall be an unlawful discriminatory practice for the owner, proprietor or managing agent of, or other person having the right to provide care and services in, a private proprietary nursing home, conva- lescent home, or home for adults, or an intermediate care facility, as defined in section two of the social services law, heretofore constructed, or to be constructed, or any agent or employee thereof, to refuse to provide services and care in such home or facility to any individual or to discriminate against any individual in the terms, conditions, and privileges of such services and care solely because such individual is a blind person. For purposes of this paragraph, a "blind person" shall mean a person who is registered as a blind person with the commission for the visually handicapped and who meets the definition of a "blind person" pursuant to section three of chapter four hundred fifteen of the laws of nineteen hundred thirteen entitled "An act to establish a state commission for improving the condition of the blind of the state of New York, and making an appropriation therefor". S. 2506 90 A. 3006 (f) The provisions of this subdivision, as they relate to age, shall not apply to persons under the age of eighteen years. (g) It shall be an unlawful discriminatory practice for any person offering or providing housing accommodations, land or commercial space as described in paragraphs (a), (b), and (c) of this subdivision to make or cause to be made any written or oral inquiry or record concerning membership of any person in the state organized militia in relation to the purchase, rental or lease of such housing accommodation, land, or commercial space, provided, however, that nothing in this subdivision shall prohibit a member of the state organized militia from voluntarily disclosing such membership. § 9. Paragraph (a) of subdivision 9 of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, is amended to read as follows: (a) It shall be an unlawful discriminatory practice for any fire department or fire company therein, through any member or members there- of, officers, board of fire commissioners or other body or office having power of appointment of volunteer firefighters, directly or indirectly, by ritualistic practice, constitutional or by-law prescription, by tacit agreement among its members, or otherwise, to deny to any individual membership in any volunteer fire department or fire company therein, or to expel or discriminate against any volunteer member of a fire depart- ment or fire company therein, because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATIONS STATUS, sexual orientation, gender identity or expression, military status, sex, marital status, or familial status, of such individual. § 10. Subdivision 13 of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, is amended to read as follows: 13. It shall be an unlawful discriminatory practice (i) for any person to boycott or blacklist, or to refuse to buy from, sell to or trade with, or otherwise discriminate against any person, because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, disa- bility, or familial status, of such person, or of such person's part- ners, members, stockholders, directors, officers, managers, superinten- dents, agents, employees, business associates, suppliers or customers, or (ii) for any person wilfully to do any act or refrain from doing any act which enables any such person to take such action. This subdivision shall not apply to: (a) Boycotts connected with labor disputes; or (b) Boycotts to protest unlawful discriminatory practices. § 11. Subdivisions 1, 2 and 3 of section 296-a of the executive law, as amended by chapter 8 of the laws of 2019, are amended to read as follows: 1. It shall be an unlawful discriminatory practice for any creditor or any officer, agent or employee thereof: a. In the case of applications for credit with respect to the purchase, acquisition, construction, rehabilitation, repair or mainte- nance of any housing accommodation, land or commercial space to discrim- inate against any such applicant because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status, disability, or familial status of such applicant or applicants or any member, stockholder, director, officer or employee of such appli- cant or applicants, or of the prospective occupants or tenants of such housing accommodation, land or commercial space, in the granting, with- S. 2506 91 A. 3006 holding, extending or renewing, or in the fixing of the rates, terms or conditions of, any such credit; b. To discriminate in the granting, withholding, extending or renew- ing, or in the fixing of the rates, terms or conditions of, any form of credit, on the basis of race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status, disability, or familial status; c. To use any form of application for credit or use or make any record or inquiry which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status, disa- bility, or familial status; d. To make any inquiry of an applicant concerning his or her capacity to reproduce, or his or her use or advocacy of any form of birth control or family planning; e. To refuse to consider sources of an applicant's income or to subject an applicant's income to discounting, in whole or in part, because of an applicant's race, creed, color, national origin, CITIZEN- SHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status, childbearing potential, disability, or familial status; f. To discriminate against a married person because such person neither uses nor is known by the surname of his or her spouse. This paragraph shall not apply to any situation where the use of a surname would constitute or result in a criminal act. 2. Without limiting the generality of subdivision one of this section, it shall be considered discriminatory if, because of an applicant's or class of applicants' race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status or disability, or familial status, (i) an applicant or class of applicants is denied credit in circumstances where other applicants of like overall credit worthiness are granted credit, or (ii) special requirements or conditions, such as requiring co-obligors or reapplication upon marriage, are imposed upon an applicant or class of applicants in circumstances where similar requirements or conditions are not imposed upon other applicants of like overall credit worthiness. 3. It shall not be considered discriminatory if credit differen- tiations or decisions are based upon factually supportable, objective differences in applicants' overall credit worthiness, which may include reference to such factors as current income, assets and prior credit history of such applicants, as well as reference to any other relevant factually supportable data; provided, however, that no creditor shall consider, in evaluating the credit worthiness of an applicant, aggregate statistics or assumptions relating to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, marital status or disabil- ity, or to the likelihood of any group of persons bearing or rearing children, or for that reason receiving diminished or interrupted income in the future. § 12. Subdivision 2 of section 296-c of the executive law, as added by chapter 97 of the laws of 2014, is amended to read as follows: 2. It shall be an unlawful discriminatory practice for an employer to: S. 2506 92 A. 3006 a. refuse to hire or employ or to bar or to discharge from internship an intern or to discriminate against such intern in terms, conditions or privileges of employment as an intern because of the intern's age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or domestic violence victim status; b. discriminate against an intern in receiving, classifying, disposing or otherwise acting upon applications for internships because of the intern's age, race, creed, color, national origin, CITIZENSHIP OR IMMI- GRATION STATUS, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or domestic violence victim status; c. print or circulate or cause to be printed or circulated any state- ment, advertisement or publication, or to use any form of application for employment as an intern or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien- tation, military status, sex, disability, predisposing genetic charac- teristics, marital status or domestic violence victim status, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this paragraph nor any provision of this chapter or other law shall be construed to prohibit the department of civil service or the department of personnel of any city containing more than one county from requesting information from applicants for civil service internships or examinations concerning any of the aforementioned charac- teristics, other than sexual orientation, for the purpose of conducting studies to identify and resolve possible problems in recruitment and testing of members of minority groups to insure the fairest possible and equal opportunities for employment in the civil service for all persons, regardless of age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, military status, sex, disabili- ty, predisposing genetic characteristics, marital status or domestic violence victim status; d. to discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article; or e. to compel an intern who is pregnant to take a leave of absence, unless the intern is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner. § 13. Paragraph (b) of subdivision 3 of section 296-c of the executive law, as added by chapter 97 of the laws of 2014, is amended to read as follows: b. subject an intern to unwelcome harassment based on age, sex, race, creed, color, sexual orientation, military status, disability, predis- posing genetic characteristics, marital status, domestic violence victim status, [or] national origin, OR CITIZENSHIP OR IMMIGRATION STATUS, where such harassment has the purpose or effect of unreasonably inter- fering with the intern's work performance by creating an intimidating, hostile, or offensive working environment. § 14. This act shall take effect immediately. PART T S. 2506 93 A. 3006 Section 1. Section 522 of the labor law, as amended by chapter 720 of the laws of 1953, is amended to read as follows: § 522. Total unemployment. "Total unemployment" OR "TOTALLY UNEM- PLOYED" means the total lack of any employment on any day. The term "employment" as used in this section means any employment including that not defined in this title. § 2. Section 523 of the labor law, as amended by chapter 675 of the laws of 1977, is amended to read as follows: § 523. [Effective day] PARTIAL UNEMPLOYMENT. ["Effective day" means a full day of total unemployment provided such day falls within a week in which a claimant had four or more days of total unemployment and provided further that only those days of total unemployment in excess of three days within such week are deemed "effective days". No effective day is deemed to occur in a week in which the claimant has days of employment for which he is paid compensation exceeding the highest bene- fit rate which is applicable to any claimant in such week. A claimant who is employed on a shift continuing through midnight is deemed to have been employed on the day beginning before midnight with respect to such shift, except where night shift employees are regularly scheduled to start their work week at seven post meridiem or thereafter on Sunday night, their regularly scheduled starting time on Sunday shall be considered as starting on Monday.] "PARTIAL UNEMPLOYMENT" OR "PARTIALLY UNEMPLOYED" MEANS ANY WEEK IN WHICH THE CLAIMANT WORKS LESS THAN FULL- TIME IF THE WAGES PAYABLE TO SUCH INDIVIDUAL FOR SUCH WEEK DO NOT EQUAL OR EXCEED THE INDIVIDUAL'S WEEKLY BENEFIT AMOUNT PLUS ONE HUNDRED DOLLARS OR FORTY PERCENT OF THE CLAIMANT'S WEEKLY BENEFIT AMOUNT, WHICH- EVER IS GREATER. FOR PURPOSES OF THIS SECTION, REMUNERATION SHALL ALSO INCLUDE ANY HOLIDAY OR VACATION PAY PAYABLE WITH RESPECT TO ANY SUCH WEEK, WHETHER OR NOT ANY SERVICE WAS PERFORMED DURING SUCH WEEK OR WAS IN ANY OTHER WAY REQUIRED FOR RECEIPT OF SUCH HOLIDAY OR VACATION PAY. § 3. The labor law is amended by adding a new section 523-a to read as follows: § 523-A. WEEK OF UNEMPLOYMENT. FOR PURPOSES OF THIS ARTICLE, "WEEK OF UNEMPLOYMENT" SHALL MEAN A WEEK IN WHICH A CLAIMANT IS TOTALLY UNEM- PLOYED OR PARTIALLY UNEMPLOYED. A CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING THROUGH MIDNIGHT IS DEEMED TO HAVE BEEN EMPLOYED ON THE DAY BEGINNING BEFORE MIDNIGHT WITH RESPECT TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHE- DULED STARTING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY. § 4. Section 524 of the labor law, as added by chapter 5 of the laws of 2000, is amended to read as follows: § 524. Week of employment. For purposes of this article, "week of employment" shall mean a Monday through Sunday period during which a claimant was paid remuneration for employment for an employer or employ- ers liable for contributions or for payments in lieu of contributions under this article. A CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING THROUGH MIDNIGHT IS DEEMED TO HAVE BEEN EMPLOYED ON THE DAY BEGINNING BEFORE MIDNIGHT WITH RESPECT TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHEDULED START- ING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY. § 5. Subdivision 4 of section 527 of the labor law, as amended by chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the laws of 1984, is amended to read as follows: S. 2506 94 A. 3006 4. General condition. A valid original claim may be filed only in a week [in which the claimant has at least one effective day of unemploy- ment] OF UNEMPLOYMENT, AS DEFINED IN THIS ARTICLE. § 6. Clauses (i), (ii), (iii) and (iv) of subparagraph 2 of paragraph (e) of subdivision 1 of section 581 of the labor law, as amended by chapter 282 of the laws of 2002, are amended to read as follows: (i) In those instances where the claimant may not utilize wages paid to establish entitlement based upon subdivision ten of section five hundred ninety of this article and an educational institution is the claimant's last employer prior to the filing of the claim for benefits, or the claimant performed services in such educational institution in such capacity while employed by an educational service agency which is the claimant's last employer prior to the filing of the claim for bene- fits, such employer shall not be liable for benefit charges [for the first twenty-eight effective days of benefits paid] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise provided by this section. Under such circumstances, benefits paid shall be charged to the general account. In addition, wages paid during the base period by such educational institutions, or for services in such educational institutions for claimants employed by an educational service agency shall not be considered base period wages during periods that such wages may not be used to gain entitlement to benefits pursuant to subdivision ten of section five hundred ninety of this article. (ii) In those instances where the claimant may not utilize wages paid to establish entitlement based upon subdivision eleven of section five hundred ninety of this article and an educational institution is the claimant's last employer prior to the filing of the claim for benefits, or the claimant performed services in such educational institution in such capacity while employed by an educational service agency which is the claimant's last employer prior to the filing of the claim for bene- fits, such employer shall not be liable for benefit charges [for the first twenty-eight effective days of benefits paid] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise provided by this section. Under such circumstances, benefits paid will be charged to the general account. In addition, wages paid during the base period by such educational institutions, or for services in such educational institutions for claimants employed by an educational service agency shall not be considered base period wages during periods that such wages may not be used to gain entitlement to benefits pursuant to subdivision eleven of section five hundred ninety of this article. However, in those instances where a claimant was not afforded an oppor- tunity to perform services for the educational institution for the next academic year or term after reasonable assurance was provided, such employer shall be liable for benefit charges as provided for in this paragraph for any retroactive payments made to the claimant. (iii) In those instances where the federal government is the claim- ant's last employer prior to the filing of the claim for benefits and such employer is not a base-period employer, payments [equaling the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise prescribed by this section shall be charged to the general account. In those instances where the federal government is the claimant's last employer prior to the filing of the claim for benefits and a base-period employer, such employer shall be liable for charges for all benefits paid on such claim in the same proportion that the remuneration paid by such employer during the base period bears to the remuneration paid by S. 2506 95 A. 3006 all employers during the base period. In addition, benefit payment charges [for the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those chargeable to the federal government as prescribed above shall be made to the general account. (iv) In those instances where a combined wage claim is filed pursuant to interstate reciprocal agreements and the claimant's last employer prior to the filing of the claim is an out-of-state employer and such employer is not a base-period employer, benefit payments [equaling the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise prescribed by this section shall be charged to the general account. In those instances where the out-of-state employer is the last employer prior to the filing of the claim for benefits and a base-period employer such employer shall be liable for charges for all benefits paid on such claim in the same proportion that the remuneration paid by such employer during the base period bears to the remuneration paid by all employers during the base period. In addition, benefit payment charges [for the twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENE- FITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those charge- able to the out-of-state employer as prescribed above shall be made to the general account. § 7. Subdivisions 1, 3, 4, paragraph (a) of subdivision 5 and subdivi- sions 6 and 7 of section 590 of the labor law, subdivisions 1 and 3 as amended by chapter 645 of the laws of 1951, subdivision 4 as amended by chapter 457 of the laws of 1987, paragraph (a) of subdivision 5 as amended by section 8 of part O of chapter 57 of the laws of 2013, subdi- vision 6 as added by chapter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws of 1977, and subdivision 7 as amended by chapter 415 of the laws of 1983, are amended and a new paragraph (c) is added to subdivision 5 to read as follows: 1. Entitlement to benefits. A claimant shall be entitled to [accumu- late effective days for the purpose of benefit rights] THE PAYMENT OF BENEFITS only if [he] SAID CLAIMANT has complied with the provisions of this article regarding the filing of [his] A claim, including the filing of a valid original claim, registered as totally UNEMPLOYED OR PARTIALLY unemployed, reported [his] subsequent employment and unemployment, and reported for work or otherwise given notice of the continuance of [his] unemployment. 3. Compensable periods. Benefits shall be paid for each [accumulation of effective days within a] week OF UNEMPLOYMENT. 4. Duration. Benefits shall not be paid for more than [one hundred and four effective days] AN AMOUNT EXCEEDING TWENTY-SIX TIMES THE CLAIMANT'S WEEKLY BENEFIT RATE in any benefit year, except as provided in section six hundred one and subdivision two of section five hundred ninety-nine of this [chapter] TITLE. (a) A claimant's weekly benefit amount shall be one twenty-sixth of the remuneration paid during the highest calendar quarter of the base period by employers, liable for contributions or payments in lieu of contributions under this article, provided the claimant has remuneration paid in all four calendar quarters during his or her base period or alternate base period. However, for any claimant who has remuneration paid in all four calendar quarters during his or her base period or alternate base period and whose high calendar quarter remuneration during the base period is three thousand five hundred seventy-five dollars or less, the benefit amount shall be one twenty-fifth of the S. 2506 96 A. 3006 remuneration paid during the highest calendar quarter of the base period by employers liable for contributions or payments in lieu of contrib- utions under this article. A claimant's weekly benefit shall be one twenty-sixth of the average remuneration paid in the two highest quar- ters paid during the base period or alternate base period by employers liable for contributions or payments in lieu of contributions under this article when the claimant has remuneration paid in two or three calendar quarters provided however, that a claimant whose high calendar quarter is four thousand dollars or less but greater than three thousand five hundred seventy-five dollars shall have a weekly benefit amount of one twenty-sixth of such high calendar quarter. However, for any claimant who has remuneration paid in two or three calendar quarters during his or her base period or alternate base period and whose high calendar quarter remuneration during the base period is three thousand five hundred seventy-five dollars or less, the benefit amount shall be one twenty-fifth of the remuneration paid during the highest calendar quar- ter of the base period by employers liable for contributions or payments in lieu of contributions under this article. Any claimant whose high calendar quarter remuneration during the base period is more than three thousand five hundred seventy-five dollars shall not have a weekly bene- fit amount less than one hundred forty-three dollars. The weekly benefit amount, so computed, that is not a multiple of one dollar shall be lowered to the next multiple of one dollar. On the first Monday of September, nineteen hundred ninety-eight the weekly benefit amount shall not exceed three hundred sixty-five dollars nor be less than forty dollars, until the first Monday of September, two thousand, at which time the maximum benefit payable pursuant to this subdivision shall equal one-half of the state average weekly wage for covered employment as calculated by the department no sooner than July first, two thousand and no later than August first, two thousand, rounded down to the lowest dollar. On and after the first Monday of October, two thousand fourteen, the weekly benefit shall not be less than one hundred dollars, nor shall it exceed four hundred twenty dollars until the first Monday of October, two thousand fifteen when the maximum benefit amount shall be four hundred twenty-five dollars, until the first Monday of October, two thousand sixteen when the maximum benefit amount shall be four hundred thirty dollars, until the first Monday of October, two thousand seven- teen when the maximum benefit amount shall be four hundred thirty-five dollars, until the first Monday of October, two thousand eighteen when the maximum benefit amount shall be four hundred fifty dollars, until the first Monday of October, two thousand nineteen when the maximum benefit amount shall be thirty-six percent of the average weekly wage until the first Monday of October, two thousand twenty when the maximum benefit amount shall be thirty-eight percent of the average weekly wage, until the first Monday of October two thousand twenty-one when the maxi- mum benefit amount shall be forty percent of the average weekly wage, until the first Monday of October, two thousand twenty-two when the maximum benefit amount shall be forty-two percent of the average weekly wage, until the first Monday of October, two thousand twenty-three when the maximum benefit amount shall be forty-four percent of the average weekly wage, until the first Monday of October, two thousand twenty-four when the maximum benefit amount shall be forty-six percent of the aver- age weekly wage, until the first Monday of October, two thousand twen- ty-five when the maximum benefit amount shall be forty-eight percent of the average weekly wage, until the first Monday of October, two thousand twenty-six and each year thereafter on the first Monday of October when S. 2506 97 A. 3006 the maximum benefit amount shall be fifty percent of the average weekly wage provided, however, that in no event shall the maximum benefit amount be reduced from the previous year. A CLAIMANT SHALL RECEIVE HIS OR HER FULL BENEFIT RATE FOR EACH WEEK OF TOTAL UNEMPLOYMENT. (C) FOR A WEEK OF PARTIAL UNEMPLOYMENT, A CLAIMANT SHALL BE ELIGIBLE FOR AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE CLAIMANT'S WEEKLY BENEFIT AMOUNT, AS CALCULATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI- SION, AND ANY WAGES FOR SUCH WEEK IN EXCESS OF ONE HUNDRED DOLLARS OR FORTY PERCENT OF THE WEEKLY BENEFIT AMOUNT, WHICHEVER IS GREATER. IF SUCH PARTIAL BENEFIT AMOUNT IS NOT A MULTIPLE OF ONE DOLLAR, SUCH AMOUNT SHALL BE REDUCED TO THE NEAREST LOWER FULL DOLLAR AMOUNT. 6. Notification requirement. [No effective day shall be counted for any purposes except effective days as to] BENEFITS SHALL BE PAYABLE ONLY FOR A WEEK OF UNEMPLOYMENT FOR which notification has been given in a manner prescribed by the commissioner. 7. Waiting period. A claimant shall not be entitled to [accumulate effective days for the purpose of] RECEIVE benefit payments until [he] THE CLAIMANT has [accumulated] COMPLETED a waiting period of [four effective days either wholly within the] ONE week [in which he estab- lished his valid original claim or partly within such week and partly within his benefit year initiated by such claim] OF UNEMPLOYMENT. § 8. Subdivisions 1 and 2, paragraph (a) of subdivision 3 and para- graph (a) of subdivision 6 of section 591 of the labor law, subdivisions 1 and 2 as amended by chapter 413 of the laws of 2003, paragraph (a) of subdivision 3 as amended by chapter 794 of the laws of 1963 and para- graph (a) of subdivision 6 as added by section 13 of part O of chapter 57 of laws of 2013, are amended to read as follows: 1. Unemployment. Benefits, except as provided in section five hundred ninety-one-a of this title, shall be paid only to a claimant who is totally UNEMPLOYED OR PARTIALLY unemployed [and who is unable to engage in his usual employment or in any other for which he is reasonably fitted by training and experience]. A claimant who is receiving benefits under this article shall not be denied such benefits pursuant to this subdivision or to subdivision two of this section because of such claim- ant's service on a grand or petit jury of any state or of the United States. 2. Availability and capability. Except as provided in section five hundred ninety-one-a of this title, no benefits shall be payable to any claimant who is not capable of work or who is not ready, willing and able to work in his OR HER usual employment or in any other for which he OR SHE is reasonably fitted by training and experience. THE COMMISSION- ER SHALL PROMULGATE REGULATIONS DEFINING A CLAIMANT'S ELIGIBILITY FOR BENEFITS WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING AND ABLE TO WORK IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE OR SHE IS REASONABLY FITTED BY TRAINING AND EXPERIENCE. (a) [No benefits shall be] BENEFITS payable to a claimant for any day during a paid vacation period, or for a paid holiday, [nor shall any such day be considered a day of total unemployment under section five hundred twenty-two] SHALL BE CALCULATED AS PROVIDED IN SECTION FIVE HUNDRED TWENTY-THREE AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED NINETY of this article. (a) No benefits shall be payable to a claimant for any week during a dismissal period for which a claimant receives dismissal pay[, nor shall any day within such week be considered a day of total unemployment under section five hundred twenty-two of this article,] if such weekly dismissal pay exceeds the maximum weekly benefit rate PLUS ONE HUNDRED S. 2506 98 A. 3006 DOLLARS OR FIFTY PERCENT OF THE CLAIMANT'S WEEKLY BENEFIT AMOUNT, WHICH- EVER IS GREATER. § 9. Subdivisions 1 and 2 of section 591 of the labor law, subdivision 1 as amended by chapter 446 of the laws of 1981 and subdivision 2 as amended by chapter 252 of the laws of 2020, are amended to read as follows: 1. Unemployment. Benefits shall be paid only to a claimant who is totally UNEMPLOYED OR PARTIALLY unemployed [and who is unable to engage in his usual employment or in any other for which he is reasonably fitted by training and experience]. A claimant who is receiving benefits under this article shall not be denied such benefits pursuant to this subdivision or to subdivision two of this section because of such claim- ant's service on a grand or petit jury of any state or of the United States. 2. Availability, capability, and work search. No benefits shall be payable to any claimant who is not capable of work or who is not ready, willing and able to work in his or her usual employment or in any other for which he or she is reasonably fitted by training and experience and who is not actively seeking work. In order to be actively seeking work a claimant must be engaged in systematic and sustained efforts to find work. The commissioner shall promulgate regulations defining systematic and sustained efforts to find work and setting standards for the proof of work search efforts. Such regulations shall take into account the need for claimants to provide child care for their child or children, and the regulations shall ensure that such claimants are able to satisfy the standards for proof of work search efforts. THE COMMISSIONER SHALL PROMULGATE REGULATIONS DEFINING A CLAIMANT'S ELIGIBILITY FOR BENEFITS WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING AND ABLE TO WORK IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE OR SHE IS REASONABLY FITTED BY TRAINING AND EXPERIENCE. § 10. Subdivision 2 of section 592 of the labor law, as amended by chapter 415 of the laws of 1983, is amended to read as follows: 2. Concurrent payments prohibited. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE in any week [with respect to which] or [a] part [of] THEREOF, IN which a claimant has received or is seeking unemployment benefits under an unemployment compensation law of any other state or of the United States, provided that this provision shall not apply if the appropriate agency of such other state or of the United States finally determines that [he] THE CLAIMANT is not entitled to such unemployment benefits. § 11. Paragraph (a) of subdivision 1, the opening paragraph of subdi- vision 2 and subdivisions 3 and 4 of section 593 of the labor law, para- graph (a) of subdivision 1, the opening paragraph of subdivision 2 and subdivision 3 as amended by section 15 of part O of chapter 57 of the laws of 2013 and subdivision 4 as amended by chapter 589 of the laws of 1998, are amended to read as follows: (a) No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF UNEMPLOYMENT THAT OCCURS after a claim- ant's voluntary separation without good cause from employment until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. In addition to other circumstances that may be found to constitute good cause, includ- ing a compelling family reason as set forth in paragraph (b) of this subdivision, voluntary separation from employment shall not in itself disqualify a claimant if circumstances have developed in the course of such employment that would have justified the claimant in refusing such S. 2506 99 A. 3006 employment in the first instance under the terms of subdivision two of this section or if the claimant, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits waiver of his or her right to retain the employment when there is a temporary layoff because of lack of work, has elected to be separated for a temporary period and the employer has consented thereto. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF UNEMPLOYMENT beginning with the day on which a claimant, without good cause, refuses to accept an offer of employment for which he or she is reasonably fitted by training and experience, including employment not subject to this article, until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. Except that claimants who are not subject to a recall date or who do not obtain employment through a union hiring hall and who are still unemployed after receiving ten weeks of benefits shall be required to accept any employment proffered that such claimants are capable of performing, provided that such employment would result in a wage not less than eighty percent of such claimant's high calendar quarter wages received in the base period and not substantially less than the prevailing wage for similar work in the locality as provided for in paragraph (d) of this subdivision. No refusal to accept employment shall be deemed with- out good cause nor shall it disqualify any claimant otherwise eligible to receive benefits if: 3. Misconduct. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF UNEMPLOYMENT THAT OCCURS after a claimant lost employment through misconduct in connection with his or her employment until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. 4. Criminal acts. No [days of total unemployment shall be deemed to occur during] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF UNEMPLOYMENT FOR a period of twelve months after a claimant loses employment as a result of an act constituting a felony in connection with such employment, provided the claimant is duly convicted thereof or has signed a state- ment admitting that he or she has committed such an act. Determinations regarding a benefit claim may be reviewed at any time. Any benefits paid to a claimant prior to a determination that the claimant has lost employment as a result of such act shall not be considered to have been accepted by the claimant in good faith. In addition, remuneration paid to the claimant by the affected employer prior to the claimant's loss of employment due to such criminal act may not be utilized for the purpose of establishing entitlement to a subsequent, valid original claim. The provisions of this subdivision shall apply even if the employment lost as a result of such act is not the claimant's last employment prior to the filing of his or her claim. § 12. Subdivisions 1 and 2 of section 594 of the labor law, as amended by section 16 of part O of chapter 57 of the laws of 2013, are amended to read as follows: (1) A claimant who has wilfully made a false statement or represen- tation to obtain any benefit under the provisions of this article shall forfeit benefits for at least the first [four] WEEK OF UNEMPLOYMENT but not more than the first [eighty effective days] TWENTY WEEKS OF UNEM- PLOYMENT following discovery of such offense for which he or she other- wise would have been entitled to receive benefits. Such penalty shall apply only once with respect to each such offense. S. 2506 100 A. 3006 (2) For the purpose of subdivision four of section five hundred ninety of this article, the claimant shall be deemed to have received benefits for such forfeited [effective days] WEEKS OF UNEMPLOYMENT. § 13. Subdivisions 1 and 4 of section 596 of the labor law, subdivi- sion 1 as amended by chapter 204 of the laws of 1982 and subdivision 4 as added by chapter 705 of the laws of 1944 and as renumbered by section 148-a of part B of chapter 436 of the laws of 1997, are amended to read as follows: 1. Claim filing and certification to unemployment. A claimant shall file a claim for benefits [at] WITH the [local state employment office serving the area in which he was last employed or in which he resides] DEPARTMENT within such time and in such manner as the commissioner shall prescribe. [He] THE CLAIMANT shall disclose whether he OR SHE owes child support obligations, as hereafter defined. If a claimant making such disclosure is eligible for benefits, the commissioner shall notify the state or local child support enforcement agency, as hereafter defined, that the claimant is eligible. A claimant shall correctly report any [days of] employment and any compensation [he] received for such employment, including [employments] EMPLOYMENT not subject to this article, and the days on which he OR SHE was totally UNEMPLOYED OR PARTIALLY unemployed and shall make such reports in accordance with such regulations as the commissioner shall prescribe. 4. Registration and reporting for work. A claimant shall register as totally UNEMPLOYED OR PARTIALLY unemployed [at a local state employment office serving the area in which he was last employed or in which he resides] WITH THE DEPARTMENT in accordance with such regulations as the commissioner shall prescribe. After so registering, such claimant shall [report for work at the same local state employment office or otherwise] give notice of [the continuance of his] CONTINUED TOTAL OR PARTIAL unem- ployment as often and in such manner as the commissioner shall prescribe. § 14. Paragraph (a) of subdivision 2 of section 599 of the labor law, as amended by chapter 593 of the laws of 1991, is amended to read as follows: (a) Notwithstanding any other provision of this chapter, a claimant attending an approved training course or program under this section may receive additional benefits of up to [one hundred four effective days] TWENTY-SIX TIMES HIS OR HER WEEKLY BENEFIT AMOUNT following exhaustion of regular and, if in effect, any other extended benefits, provided that entitlement to a new benefit claim cannot be established. Certification of continued satisfactory participation and progress in such training course or program must be submitted to the commissioner prior to the payment of any such benefits. The [duration] AMOUNT of such additional benefits shall in no case exceed twice the [number of effective days] AMOUNT of regular benefits to which the claimant is entitled at the time the claimant is accepted in, or demonstrates application for appropriate training. § 15. The opening paragraph and paragraph (e) of subdivision 2 of section 601 of the labor law, as amended by chapter 35 of the laws of 2009, are amended to read as follows: Extended benefits shall be payable to a claimant for [effective days occurring in] any week OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT within an eligibility period, provided the claimant (e) is not claiming benefits pursuant to an interstate claim filed under the interstate benefit payment plan in a state where an extended S. 2506 101 A. 3006 benefit period is not in effect, except that this condition shall not apply with respect to the first [eight effective days] TWO WEEKS OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT for which extended benefits shall otherwise be payable pursuant to an interstate claim filed under the interstate benefit payment plan; and § 16. Subdivisions 3, 4 and paragraphs (b) and (e) of subdivision 5 of section 601 of the labor law, as amended by chapter 35 of the laws of 2009, are amended to read as follows: 3. Extended benefit amounts; rate and duration. Extended benefits shall be paid to a claimant (a) at a rate equal to his or her rate for regular benefits during his or her applicable benefit year but (b) for not more than [fifty-two effective days with respect to his or her applicable benefit year, with a total maximum amount equal to] fifty percentum of the total maximum amount of regular benefits payable in such benefit year, and (c) if a claimant's benefit year ends within an extended benefit peri- od, the remaining balance of extended benefits to which he or she would be entitled, if any, shall be reduced by the [number of effective days] AMOUNT OF BENEFITS for which he or she was entitled to receive trade readjustment allowances under the federal trade act of nineteen hundred seventy-four during such benefit year, and (d) for periods of high unemployment for not more than [eighty effec- tive days with respect to the applicable benefit year with a total maxi- mum amount equal to] eighty percent of the total maximum amount of regu- lar benefits payable in such benefit year. 4. Charging of extended benefits. The provisions of paragraph (e) of subdivision one of section five hundred eighty-one of this article shall apply to benefits paid pursuant to the provisions of this section, and if they were paid for [effective days] WEEKS OF UNEMPLOYMENT occurring in weeks following the end of a benefit year, they shall be deemed paid with respect to that benefit year. However, except for governmental entities as defined in section five hundred sixty-five and Indian tribes as defined in section five hundred sixty-six of this article, only one- half of the amount of such benefits shall be debited to the employers' account; the remainder thereof shall be debited to the general account, and such account shall be credited with the amount of payments received in the fund pursuant to the provisions of the federal-state extended unemployment compensation act. Notwithstanding the foregoing, where the state has entered an extended benefit period triggered pursuant to subparagraph one of paragraph (a) of subdivision one of this section for which federal law provides for one hundred percent federal sharing of the costs of benefits, all charges shall be debited to the general account and such account shall be credited with the amount of payments received in the fund pursuant to the provisions of the federal-state extended unemployment compensation act or other federal law providing for one hundred percent federal sharing for the cost of such benefits. (b) No [days of total unemployment shall be deemed to occur in] BENE- FITS SHALL BE PAYABLE FOR any week within an eligibility period during which a claimant fails to accept any offer of suitable work or fails to apply for suitable work to which he or she was referred by the commis- sioner, who shall make such referral if such work is available, or during which he or she fails to engage actively in seeking work by making a systematic and sustained effort to obtain work and providing tangible evidence of such effort, and until he or she has worked in S. 2506 102 A. 3006 employment during at least four subsequent weeks and earned remuneration of at least four times his or her benefit rate. (e) No [days of total unemployment] BENEFITS shall be [deemed to occur in] PAYABLE FOR any week within an eligibility period under section five hundred ninety-three of this [article] TITLE, until he or she has subse- quently worked in employment in accordance with the requirements set forth in section five hundred ninety-three of this [article] TITLE. § 17. Section 603 of the labor law, as amended by section 21 of part O of chapter 57 of the laws of 2013, is amended to read as follows: § 603. Definitions. For purposes of this title: "Total unemployment" AND "PARTIAL UNEMPLOYMENT" shall [mean the total lack of any employment on any day,] HAVE THE SAME MEANINGS AS DEFINED IN THIS ARTICLE, other than with an employer applying for a shared work program. "Work force" shall mean the total work force, a clearly identifiable unit or units thereof, or a particular shift or shifts. The work force subject to reduction shall consist of no less than two employees. § 18. Severability. If any amendment contained in a clause, sentence, paragraph, section or part of this act shall be adjudged by the United States Department of Labor to violate requirements for maintaining bene- fit standards required of the state in order to be eligible for any financial benefit offered through federal law or regulation, such amend- ments shall be severed from this act and shall not affect, impair or invalidate the remainder thereof. § 19. This act shall take effect one year after the date on which it shall have become a law; provided that the amendments to subdivisions 1 and 2 of section 591 of the labor law made by section eight of this act shall be subject to the expiration and reversion of such subdivisions pursuant to section 10 of chapter 413 of the laws of 2003, as amended, when upon such date the provisions of section nine of this act shall take effect. PART U Section 1. Section 577 of the private housing finance law is amended by adding a new subdivision 2-a to read as follows: 2-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA- RY, A PROJECT OF A HOUSING DEVELOPMENT FUND COMPANY MANAGED OR OPERATED BY A COMPANY INCORPORATED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW AND THIS ARTICLE, THAT HAS ENTERED INTO A REGULATORY AGREEMENT WITH THE COMMISSIONER OR SUPERVISORY AGENCY PURSUANT TO SECTION FIVE HUNDRED SEVENTY-SIX OF THIS ARTICLE SHALL BE EXEMPT FROM THE SALES AND COMPEN- SATING USE TAXES IMPOSED PURSUANT TO ARTICLE TWENTY-EIGHT OR TWENTY-NINE OF THE TAX LAW, AND SUCH TAX EXEMPTION SHALL CONTINUE ONLY SO LONG AS SUCH AGREEMENT IS IN FORCE AND EFFECT. § 2. This act shall take effect immediately and shall apply to projects that entered into regulatory agreements pursuant to section 576 of the private housing finance law on or after January 1, 2020. PART V Section 1. Subdivisions 5, 6, 7, 12, 13, 14, 15, 16, and 17 of section 111-h of the social services law are REPEALED, subdivisions 18, 19, and 20 are renumbered subdivisions 12, 13, and 14 and three new subdivisions 5, 6, and 7 are added to read as follows: 5. EXCEPT AS PROVIDED IN SUBDIVISION SIX OF THIS SECTION, ANY FUNDS PAID TO A SUPPORT COLLECTION UNIT ESTABLISHED BY A SOCIAL SERVICES S. 2506 103 A. 3006 DISTRICT WHICH HAVE NOT BEEN DISBURSED AFTER TWO YEARS OF DILIGENT EFFORTS TO LOCATE THE PERSON ENTITLED TO SUCH FUNDS SHALL BE PAID TO THE STATE COMPTROLLER IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION UNLESS INFORMATION HAS BEEN RECEIVED THAT IS LIKELY TO LEAD TO THE LOCATION OF THE PERSON WHO IS ENTITLED TO SUCH FUNDS; PROVIDED, HOWEVER, WHERE THE SUPPORT COLLECTION UNIT DETERMINES THAT THE PERSON ENTITLED TO THE FUNDS IS DECEASED AND CANNOT LOCATE AN ESTATE FOR THE PERSON ENTI- TLED TO THE FUNDS, OR THE ESTATE DOES NOT CLAIM THE FUNDS, SUCH FUNDS MAY BE PAID TO THE STATE COMPTROLLER IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION WITHOUT TWO YEARS OF DILIGENT EFFORTS. 6. ANY FUNDS PAID TO A SUPPORT COLLECTION UNIT ESTABLISHED BY A SOCIAL SERVICES DISTRICT FOR WHICH THE REMITTER OF SUCH FUNDS HAS NOT PROVIDED SUFFICIENT IDENTIFYING INFORMATION TO ASSOCIATE THE FUNDS WITH AN EXIST- ING OR PREVIOUSLY EXISTING CHILD SUPPORT ACCOUNT, AND SUCH INFORMATION CANNOT BE DETERMINED AFTER DILIGENT EFFORTS, SHALL BE PAID TO THE STATE COMPTROLLER IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION. 7. IN THE MONTH OF APRIL, ON OR BEFORE THE TENTH DAY THEREOF, SUCH PAYMENT SHALL BE DELIVERED TO THE STATE COMPTROLLER PURSUANT TO SECTION THIRTEEN HUNDRED EIGHTEEN OF THE ABANDONED PROPERTY LAW, AND SHALL BE ACCOMPANIED BY A WRITTEN REPORT, AFFIRMED AS TRUE AND ACCURATE UNDER THE PENALTY OF PERJURY, CLASSIFIED AS THE STATE COMPTROLLER SHALL PRESCRIBE, SETTING FORTH: (A) THE NAMES AND LAST KNOWN ADDRESSES, IF ANY, OF THE PERSONS ENTI- TLED TO RECEIVE SUCH ABANDONED PROPERTY; (B) THE TITLE OF ANY PROCEEDING RELATING TO SUCH ABANDONED PROPERTY; AND (C) SUCH OTHER IDENTIFYING INFORMATION AS THE STATE COMPTROLLER MAY REQUIRE. § 2. Paragraph (c) of subdivision 1 of section 600 of the abandoned property law is REPEALED. § 3. Subdivision 3 of section 602 of the abandoned property law is REPEALED. § 4. The abandoned property law is amended by adding a new section 1318 to read as follows: § 1318. UNCLAIMED SPOUSAL AND CHILD SUPPORT. ANY AMOUNT REPRESENTING CHILD SUPPORT OR CHILD AND SPOUSAL SUPPORT PAID TO A SUPPORT COLLECTION UNIT ESTABLISHED BY A SOCIAL SERVICES DISTRICT WHICH HAS BEEN DELIVERED TO THE STATE COMPTROLLER PURSUANT TO SUBDIVISION SEVEN OF SECTION ONE HUNDRED ELEVEN-H OF THE SOCIAL SERVICES LAW SHALL BE DEEMED ABANDONED PROPERTY. ON OR BEFORE THE TENTH DAY OF APRIL IN EACH YEAR, SUCH ABAN- DONED PROPERTY SHALL BE PAID TO THE STATE COMPTROLLER. SUCH PAYMENT SHALL BE ACCOMPANIED BY A VERIFIED WRITTEN REPORT IN SUCH FORM AS THE STATE COMPTROLLER MAY PRESCRIBE. § 5. Subparagraph (b) of paragraph 1 of subdivision 4 of section 240 of the domestic relations law, as added by chapter 398 of the laws of 1997, is amended to read as follows: (b) The party filing the specific written objections shall bear the burden of going forward and the burden of proof; provided, however, that if the support collection unit has failed to provide the documentation and information required by FORMER subdivision fourteen of section one hundred eleven-h of the social services law, the court shall first require the support collection unit to furnish such documents and infor- mation to the parties and the court. § 6. Subparagraph 2 of paragraph b of subdivision 3 of section 413 of the family court act, as added by chapter 398 of the laws of 1997, is amended to read as follows: S. 2506 104 A. 3006 (2) The party filing the specific written objections shall bear the burden of going forward and the burden of proof; provided, however, that if the support collection unit has failed to provide the documentation and information required by FORMER subdivision fourteen of section one hundred eleven-h of the social services law, the court shall first require the support collection unit to furnish such documents and infor- mation to the parties and the court. § 7. Paragraph (a) of subdivision 13, subdivisions 16 and 17 of section 111-b of the social services law, paragraph (a) of subdivision 13 as added by chapter 59 of the laws of 1993, subdivision 16 as added by chapter 706 of the laws of 1996, paragraph (a) of subdivision 16 as amended by chapter 139 of the laws of 1999 and subdivision 17 as added by chapter 398 of the laws of 1997, are amended to read as follows: (a) The commissioner shall enter into the agreement provided for in section one hundred seventy-one-g of the tax law and is authorized to furnish to the commissioner of taxation and finance any information, and to take such other actions, as may be necessary to carry out the agree- ment provided for in such section, for the purpose of reviewing support orders pursuant to FORMER subdivision twelve of section one hundred eleven-h of this title. 16. Bureaus of special hearings; child support unit. (a) The depart- ment is authorized to establish a bureau of special hearings; child support unit solely for the purposes of providing administrative law judges to decide objections to the determination of a support collection unit to refer an obligor's arrears to the department of taxation and finance for collection pursuant to subdivision [nineteen] THIRTEEN of section one hundred eleven-h of this title. The administrative law judg- es employed by the unit shall serve exclusively within the unit and shall not be utilized for any purpose other than those described in this subdivision and shall be salaried employees of the department and shall not be removed from such unit except for cause. (b) The unit shall review a support collection unit's denial of a challenge made by a support obligor pursuant to paragraph two of subdi- vision [nineteen] THIRTEEN of section one hundred eleven-h of this title if objections thereto are filed by a support obligor who has received notice that the department intends to notify the department of taxation and finance to collect such support obligor's support arrears. Specific written objections to a support collection unit's denial must be submit- ted by the support obligor to the unit within thirty days of the date of the notice of the support collection unit's denial. A support obligor who files such objections shall serve a copy of the objections upon the support collection unit, which shall have ten days from such service to file a written rebuttal to such objections and a copy of the record upon which the support collection unit's denial was made, including all documentation submitted by the support obligor. Proof of service shall be filed with the unit at the time of filing of objections and any rebuttal. The unit's review shall be based solely upon the record and submissions of the support obligor and the support collection unit upon which the support collection unit's denial was made. Within fifteen days after the rebuttal, if any, is filed, an administrative law judge of the unit shall (i) deny the objections and remand to the support collection unit or (ii) affirm the objections if the administrative law judge finds the determination of the support collection unit is based upon an erro- neous determination of fact by the support collection unit. Such deci- sion shall pertain solely to the mistaken identity of the obligor, a prejudicial error in the calculation of the obligor's arrears, the S. 2506 105 A. 3006 obligor's financial exemption from collection of support arrears by the department of taxation and finance or the absence of an underlying court order establishing arrears to support eligibility for such enforcement. Upon an affirmation of the objections the administrative law judge shall direct the support collection unit not to notify the department of taxa- tion and finance of their authority to collect the support obligor's arrears. Provisions set forth in this subdivision relating to procedures for hearing objections by the unit shall apply solely to such cases and not affect or modify any other procedure for review or appeal of admin- istrative enforcement of child support requirements. The decision of the administrative law judge pursuant to this section shall be final and not reviewable by the commissioner, and shall be reviewable only pursuant to article seventy-eight of the civil practice law and rules. 17. Special services for review and adjustment. The department shall develop procedures for and require local social services districts to dedicate special staff to the review and adjustment of child support orders entered prior to September fifteenth, nineteen hundred eighty- nine on behalf of children in receipt of public assistance or child support services pursuant to section one hundred eleven-g of this title. Such review and adjustment shall be performed pursuant to FORMER subdi- visions twelve, thirteen, fourteen, fifteen and sixteen of section one hundred eleven-h of this title. All such cases shall be reviewed and if necessary adjusted no later than December thirty-first, two thousand. § 8. This act shall take effect immediately; provided, however, that any funds which were deposited with the county treasurer or the commis- sioner of finance of the city of New York in accordance with section 111-h of the social services law prior to the effective date of this act shall be delivered to the state comptroller on or before April 1, 2022 in accordance with subdivision 7 of section 111-h of the social services law, as added by section one of this act. PART W Section 1. 1. Upon the oral or written request of an employee, each employer shall provide each employee up to four hours of leave to be used for each of up to two COVID-19 vaccine injections, provided however that an employer that provides or arranges to provide a COVID-19 vacci- nation at the employee's workplace shall provide sufficient time to the employee for such vaccine injections. 2. For purposes of this act, the term "employer" has the same meaning as the term "employer" in section 190 of the labor law except that it also includes government agencies. 3. Except where prohibited by law, an employer may request documenta- tion from an employee confirming the employee's eligibility to take leave under this act before authorizing such leave. 4. Each employee shall be compensated at his or her regular rate of pay for those regular work hours during which the employee is absent from work due to leave provided by this act. 5. The leave provided by this act shall be provided without loss or reduction of an employee's accrued leave under section 196-b of the labor law or earned benefits or wage supplements subject to section 198-c of the labor law. 6. No employer or any other person, shall discharge, threaten, penal- ize, or in any other manner discriminate or retaliate against any employee because such employee has exercised his or her rights afforded S. 2506 106 A. 3006 under this act, consistent with and subject to the provisions of section 215 of the labor law. 7. The commissioner of labor shall have authority to adopt regu- lations, including emergency regulations, and issue guidance to effectu- ate any of the provisions of this act. Employers shall comply with regu- lations promulgated by the commissioner of labor for this purpose which may include, but is not limited to, standards for the use, payment, and employee eligibility of leave pursuant to this act. 8. The provisions of this act and any regulations adopted thereunder may be enforced by the commissioner of labor through the remedies and protections provided in, and applied to, article 6 of the labor law. 9. Nothing in this act shall be deemed to impede, infringe, diminish or impair the rights of an employee or employer under any law, rule, regulation or collectively negotiated agreement, or the rights and bene- fits which accrue to employees through collective bargaining agreements, or otherwise diminish the integrity of the existing collective bargain- ing relationship, or to prohibit any personnel action which otherwise would have been taken regardless of any request to use, or utilization of, any leave provided by this act. § 2. This act shall take effect immediately. PART X Section 1. Section 2401 of the public authorities law is amended by adding a new undesignated paragraph to read as follows: IT IS FURTHER FOUND AND DETERMINED THAT THERE IS A SHORTAGE OF ADEQUATE FUNDS TO ASSIST IN THE NEW CONSTRUCTION OF HOUSING, INCLUDING MODULAR AND MANUFACTURED HOUSING. § 2. Subdivisions 2, 5, and 12 of section 2402 of the public authori- ties law, subdivision 2 as amended by chapter 806 of the laws of 1990, subdivision 5 as amended by chapter 151 of the laws of 2013, and subdi- vision 12 as added by chapter 915 of the laws of 1982, are amended to read as follows: (2) "Bank". Any bank or trust company, savings bank, savings and loan association, industrial bank, credit union, national banking associ- ation, federal savings and loan association, federal savings bank or federal credit union which is located in the state. The term "bank" shall also include a New York state licensed mortgage banker, or a domestic not-for-profit corporation whose public purposes include combatting community deterioration and which is an exempt organization as defined in paragraph (e) of subdivision one of section five hundred ninety of the banking law, or an entity exempt from licensing provisions in accordance with paragraph (a) of subdivision two of SUCH section [five hundred ninety of such law], which in any such case is approved as a mortgage lender by the Federal National Mortgage Association or by the Federal Home Loan Mortgage Corporation, OR DOMESTIC NOT-FOR-PROFIT CORPORATIONS THAT ARE CERTIFIED BY THE UNITED STATES DEPARTMENT OF TREA- SURY AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS OR LICENSED BY THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES. (5) "Mortgage". A loan owed to a bank secured by a first lien on a fee simple or leasehold estate in real property located in the state and improved by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE SHALL BE CONSTRUCTED USING THE PROCEEDS OF SUCH LOAN, whether or not insured or guaranteed by the United States of America or any agency thereof. The term "mortgage" shall also include a loan owed to a bank secured by a second lien on a fee simple or leasehold estate in real S. 2506 107 A. 3006 property located in the state and improved by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE SHALL BE CONSTRUCTED USING THE PROCEEDS OF THE RELATED LOAN DESCRIBED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVI- SION, whether or not insured or guaranteed by the United States of Amer- ica or any agency thereof, provided, however, that such second lien: (a) secures a loan purchased by the agency, and (b) is made at the same time as a first lien securing a loan purchased by the agency pursuant to its programs or by a government sponsored enterprise or is made at the same time as a new housing loan purchased by the agency pursuant to section twenty-four hundred five-c of this part. The term "mortgage" shall also include loans made by the agency and secured by a second lien on a fee simple or leasehold estate in real property located in the state and improved by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE SHALL BE CONSTRUCTED USING THE PROCEEDS OF SUCH LOAN, whether or not insured or guaranteed by the United States of America or any agency thereof, provided however, that the loan made by the agency and secured by such second lien is made at the same time as a first lien securing a mortgage loan purchased by the agency pursuant to its programs or by a government sponsored enterprise. In the case of any second lien purchased or made hereunder, the mortgagor shall be obligated to contribute from his or her own verifiable funds an amount not less than such percentage as the agency shall determine, of the lower of the purchase price or appraised value of the property subject to the first lien. "Real property" as used in this subdivision shall include air rights. For the purposes of this title and of [section one hundred ninety and subsection (a) of section one thousand four hundred fifty-six] SUBDIVI- SION TEN OF SECTION TWO HUNDRED TEN-B of the tax law, "mortgage" shall include housing loans as defined below. Except for the purposes of subdivision seven of section [two thousand four] TWENTY-FOUR hundred five and subdivision eight of section two thousand four hundred five-b of this part, "mortgage" shall also include a loan owed to a bank by an individual borrower incurred for the purpose of financing the purchase of certificates of stock or other evidence of ownership of an interest in, and a proprietary lease from, a cooperative housing corporation formed for the purpose of the cooperative ownership of residential real estate in the state, secured by an assignment or transfer of the bene- fits of such cooperative ownership, and containing such terms and condi- tions as the agency may approve. (12) "Forward commitment mortgage". A mortgage, WHICH INCLUDES NEW CONSTRUCTION LOANS, for which a commitment to advance funds is made not earlier than the date the agency issues an invitation to purchase mort- gages or such later date as specified in the invitation. A mortgage made in satisfaction of the obligation of a bank under section twenty-four hundred five of this [title] PART is not a forward commitment mortgage. § 3. Subdivisions 7 and 14 of section 2404 of the public authorities law, subdivision 7 as amended by chapter 782 of the laws of 1992, and subdivision 14 as added by chapter 612 of the laws of 1970, are amended to read as follows: (7) To (a) acquire, and contract to acquire, existing mortgages owned by banks and to enter into advance commitments to banks for the purchase of said mortgages, all subject to the provisions of section [two thou- sand four] TWENTY-FOUR hundred five of this [title] PART, (b) acquire, and contract to acquire, forward commitment mortgages made by banks and to enter into advance commitments to banks for the purchase of said mortgages, all subject to the provisions of section [two thousand four] S. 2506 108 A. 3006 TWENTY-FOUR hundred five-b of this [title] PART, (c) acquire, and contract to acquire, new housing loans made by banks and to enter into advance commitments to banks for the purchase of said housing loans, all subject to the provisions of section [two thousand four] TWENTY-FOUR hundred five-c of this [title] PART, [and] (d) to acquire and contract to acquire mortgages pursuant to section twenty-four hundred five-d of this title, AND (E) ACQUIRE, AND CONTRACT TO ACQUIRE, NEW CONSTRUCTION MORTGAGE LOANS OWNED BY BANKS AND TO ENTER INTO ADVANCE COMMITMENTS TO BANKS FOR THE PURCHASE OF SUCH MORTGAGES, ALL SUBJECT TO THE PROVISIONS OF SECTION TWENTY-FOUR HUNDRED FIVE-B OF THIS PART; (14) To renegotiate, refinance or foreclose, or contract for the fore- closure of, any mortgage in default; to waive any default or consent to the modification of the terms of any mortgage; to commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract or other agreement, and to bid for and purchase such property at any foreclosure or at any other sale, or acquire or take possession of any such property; to operate, manage, lease, dispose of, and other- wise deal with such property, in such manner as [may be necessary to protect the interests of the agency and the holders of its bonds and notes] WOULD FURTHER THE PURPOSES OF THE AGENCY, SUBJECT TO ANY AGREE- MENT WITH ITS BONDHOLDERS OR NOTEHOLDERS; § 4. Subdivisions 3 and 5 and paragraphs (a), (f), and (h) of subdivi- sion 8 of section 2405-b of the public authorities law, subdivisions 3 and 5 and paragraphs (a) and (h) of subdivision 8 as added by chapter 915 of the laws of 1982, paragraph (h) of subdivision 8 as further amended by section 104 of part A of chapter 62 of the laws of 2011 and paragraph (f) of subdivision 8 as amended by chapter 432 of the laws of 2009, are amended to read as follows: (3) In conducting its program of purchasing forward commitment mort- gages, the agency shall be governed by the provisions of paragraph (b) of subdivision three of section twenty-four hundred five of this [title] PART; HOWEVER, WITH RESPECT TO NEW CONSTRUCTION LOANS, THE AGENCY SHALL BE GOVERNED BY THE PROVISIONS OF ONLY SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION TWENTY-FOUR HUNDRED FIVE OF THIS PART. (5) Notwithstanding the maximum interest rate, if any, fixed by section 5-501 of the general obligations law or any other law not specifically amending or applicable to this section, the agency may set the interest rate to be borne by forward commitment mortgages purchased by the agency from banks at a rate or rates which the agency from time to time shall determine [to], PROVIDED HOWEVER, THAT IF SUCH MORTGAGES ARE FINANCED THROUGH THE ISSUANCE OF THE AGENCY'S BONDS OR NOTES, THE INTEREST RATE SHALL be at least sufficient, together with any other available monies, to provide for the payment of its bonds and notes, and forward commitment mortgages bearing such interest rate shall not be deemed to violate any such law or to be unenforceable if originated by a bank in good faith pursuant to an undertaking with the agency with respect to the sale thereof notwithstanding any subsequent failure of the agency to purchase the mortgage or any subsequent sale or disposi- tion of the mortgage by the agency to such bank or any other person. (a) OTHER THAN WITH RESPECT TO NEW CONSTRUCTION LOANS, the mortgage was not made in satisfaction of an obligation of the bank under section twenty-four hundred five of this [title] PART; (f) the mortgage constitutes a valid first lien, or second lien WITH RESPECT TO MORTGAGES OTHER THAN NEW CONSTRUCTION LOANS, on the real property described to the agency in accordance with subdivision five of S. 2506 109 A. 3006 section twenty-four hundred two of this part subject only to real prop- erty taxes not yet due, installments of assessments not yet due, and easements and restrictions of record which do not adversely affect, to a material degree, the use or value of the real property or improvements thereon; (h) the improvements to, OR NEW CONSTRUCTION OF, the mortgaged real property are covered by a valid and subsisting policy of insurance issued by a company authorized by the superintendent of financial services to issue such policies in the state of New York and providing fire and extended coverage to an amount not less than eighty percent of the insurable value of the improvements to, OR NEW CONSTRUCTION OF, the mortgaged real property. § 5. This act shall take effect immediately; provided, however, that: a. the amendments to subdivisions 2, 5 and 12 of section 2402 of the public authorities law made by section two of this act shall not affect the expiration of such subdivisions and shall be deemed to expire there- with; b. the amendments to subdivision 7 of section 2404 of the public authorities law made by section three of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith; and c. the amendments to section 2405-b of the public authorities law made by section four of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART Y Section 1. Prohibited fees or charges. Notwithstanding any other provision of law, no landlord, lessor, sub-lessor or grantor of a resi- dential dwelling shall demand or be entitled to any payment, fee or charge for late payment of rent from the period of March 20, 2020 until May 1, 2021. § 2. Security deposits. Notwithstanding any other provision of law, landlords and tenants or licensees of residential properties may, upon the consent of the tenant or licensee, enter into a written agreement by which the security deposit and any interest which accrued or should have accrued thereof, shall be used to pay rent that is in arrears or will become due. a. If the amount of the deposit represents less than a full month rent payment, then such agreement shall not constitute a waiver of the remaining rent due and owing for that month. b. Execution in counterpart by email will constitute sufficient execution for consent. c. Landlords shall provide such relief to tenants or licensees who so request it on or before May 1, 2021, provided that such tenants or licensees complete a "Hardship Declaration" as defined by Part A of chapter 381 of the laws of 2020 also known as the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020." Landlords shall provide the hardship declaration, in English and the tenant's primary language if such translation is made available by the Office of Court Administration, to tenants and licensees who request relief pursuant to this act. d. Utilization of such security deposit shall be at the tenant or licensee's sole option and landlords shall not harass, threaten or engage in any harmful act to compel such agreement. S. 2506 110 A. 3006 e. Any security deposit used as a payment of rent shall be replenished by the tenant or licensee, to be paid at the rate of 1/12 the amount used as rent per month. The payments to replenish the security deposit shall commence no earlier than June 1, 2021, but which may be extended upon agreement by the parties. No landlord shall require interest payments to be made as part of or in addition to the repayment schedule as set forth in this paragraph. f. The tenant or licensee may, at their sole option, retain insurance that provides relief for the landlord in lieu of the monthly security deposit replenishment. The landlord, must, if offered, accept such insurance as replenishment. § 3. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after May 7, 2020. PART Z Section 1. This part enacts into law major components of legislation which are related to making child care more affordable for low-income families and easing administrative burdens for the child care workforce. Each component is wholly contained within a Subpart identified as Subparts A and B. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes reference to a section of "this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section two contains a severability clause for all provisions contained in each subpart of this Part. Section three of this act sets forth the general effective date of this Part. SUBPART A Section 1. Subdivision 8 of section 410-w of the social services law, as added by chapter 144 of the laws of 2015, is amended to read as follows: 8. Notwithstanding any other provision of law, rule or regulations to the contrary, a social services district that implements a plan amend- ment to the child care portion of its child and family services plan, either as part of an annual plan update, or through a separate plan amendment process, where such amendment reduces eligibility for, or increases the family share percentage of, families receiving child care services, or that implements the process for closing child care cases as set forth in the district's approved child and family services plan, due to the district determining that it cannot maintain its current caseload because all of the available funds are projected to be needed for open cases, shall provide all families whose eligibility for child care assistance or family share percentage will be impacted by such action with at least thirty days prior written notice of the action. PROVIDED, HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS TITLE SHALL NOT BE REQUIRED TO CONTRIBUTE MORE THAN TWENTY PERCENT OF THEIR INCOME EXCEEDING THE STATE INCOME STANDARD. § 2. Subdivision 6 of section 410-x of the social services law, as added by section 52 of part B of chapter 436 of the laws of 1997, is amended to read as follows: S. 2506 111 A. 3006 6. Pursuant to department regulations, child care assistance shall be provided on a sliding fee basis based upon the family's ability to pay; PROVIDED, HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS TITLE SHALL NOT BE REQUIRED TO CONTRIBUTE MORE THAN TWENTY PERCENT OF THEIR INCOME EXCEEDING THE STATE INCOME STANDARD. § 3. This act shall take effect immediately. SUBPART B Section 1. Paragraph (a) of subdivision 2 of section 390-a of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows: (a) review and evaluate the backgrounds of and information supplied by any person applying to be a child day care center or school-age child care program employee or volunteer or group family day care assistant, a provider of family day care or group family day care, or a director of a child day care center, head start day care center or school-age child care program. Such procedures shall include but not be limited to the following requirements: that the applicant set forth his or her employ- ment history[, provide personal and employment references]; submit such information as is required for screening with the statewide central register of child abuse and maltreatment in accordance with the provisions of section four hundred twenty-four-a of this article; [sign a sworn statement indicating whether, to the best of his or her know- ledge, he or she has ever been convicted of a crime in this state or any other jurisdiction;] and provide his or her fingerprints for submission to the division of criminal justice services in accordance with the provisions of section three hundred ninety-b of this title; § 2. The opening paragraph of paragraph (b) of subdivision 2 of section 390-b of the social services law, as added by section 9 of part H of chapter 56 of the laws of 2019, is amended to read as follows: notwithstanding any other provision of law to the contrary, [prior to October first, two thousand twenty,] all clearances listed in subdivi- sion one of this section that have not previously been conducted pursu- ant to paragraph (a) of this subdivision and for which on-going criminal history results are not already provided, shall be conducted in accord- ance with a schedule developed by the office of children and family services, for all: § 3. Subparagraphs (i) and (iv) of paragraph (d) of subdivision 3-a of section 390-b of the social services law, as added by section 9 of part H of chapter 56 of the laws of 2019, are amended to read as follows: (i) Where a clearance conducted pursuant to this section reveals that an applicant to be the operator or director of a child day care program, or applicant to be a caregiver, or anyone who is not related in any way to all children for whom child care services will be provided, resides in the home over the age of eighteen where child day care is proposed to be provided to children in a home-based setting has been charged with a crime, the office of children and family services shall hold the appli- cation in abeyance until the charge is finally resolved; PROVIDED, HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE THE APPLICATION PRIOR TO RESOLUTION OF THE CHARGE IF A CONVICTION ON THE CHARGE WOULD NOT RESULT IN THE INDIVIDUAL, PROGRAM, OR PROVIDER BEING DEEMED INELIGIBLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION. (iv) Where a clearance conducted pursuant to this section reveals that an applicant to be an employee or volunteer with the potential for unsu- pervised contact with children of a child day care program or enrolled S. 2506 112 A. 3006 legally-exempt provider has been charged with a crime, the office shall hold the application in abeyance until the charge is finally resolved; PROVIDED, HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE THE APPLICATION PRIOR TO RESOLUTION OF THE CHARGE IF A CONVICTION ON THE CHARGE WOULD NOT RESULT IN THE EMPLOYEE OR VOLUNTEER BEING DEEMED INELIGIBLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION. § 4. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 1 of section 424-a of the social services law, as amended by section 14 of part H of chapter 56 of the laws of 2019, are amended to read as follows: (ii) A licensing agency shall inquire of the office whether an appli- cant for a certificate, license or permit to operate a child care program including a family day care home, group family day care home, child care center, school age child care program, or enrolled legally exempt provider or an employee, volunteer or applicant to be an employee or volunteer in such program who has potential for regular and substan- tial contact with children in the program, is the confirmed subject of an indicated child abuse report maintained by the statewide central register of child abuse and maltreatment; PROVIDED, HOWEVER, THAT A LICENSING AGENCY MAY, BUT IS NOT REQUIRED TO, SUBMIT AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH IF SUCH INDIVIDUAL HAS BEEN THE SUBJECT OF AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH WITHIN THE LAST FIVE YEARS AND HAS MAINTAINED A ROLE IN ONE OR MORE CHILD CARE PROGRAMS DURING SUCH FIVE- YEAR PERIOD WITHOUT A BREAK IN TIME WHERE SUCH INDIVIDUAL CEASED TO PLAY A ROLE IN ANY CHILD CARE PROGRAM OF NOT MORE THAN ONE HUNDRED EIGHTY CONSECUTIVE DAYS. The office shall promulgate regulations related to the process by which providers and applicants will be informed whether the applicant is authorized or unauthorized to care for children based on the outcome of such inquiry. (iii) A licensing agency shall inquire of the office whether any person age eighteen or older who is not related in any way to all chil- dren for whom care is provided that resides on the premises of where child care is provided in a setting that is not the child's own home by an enrolled legally-exempt provider as such term is defined in subdivi- sion one-a of section three hundred ninety-b of this [chapter] ARTICLE is the confirmed subject of an indicated child abuse report maintained by the statewide central register of child abuse and maltreatment; PROVIDED, HOWEVER, THAT A LICENSING AGENCY MAY, BUT IS NOT REQUIRED TO SUBMIT AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH IF SUCH INDIVIDUAL HAS BEEN THE SUBJECT OF AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH WITHIN THE LAST FIVE YEARS AND HAS MAINTAINED A ROLE IN ONE OR MORE CHILD CARE PROGRAMS DURING SUCH FIVE-YEAR PERIOD WITHOUT A BREAK IN TIME WHERE SUCH INDIVIDUAL CEASED TO PLAY A ROLE IN ANY CHILD CARE PROGRAM OF NOT MORE THAN ONE HUNDRED EIGHTY CONSECUTIVE DAYS. The office shall promulgate regulations related to the process by which providers and applicants will be informed whether the applicant is authorized or unauthorized to care for children based on the outcome of such inquiry. § 5. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the office of children and family services is hereby authorized to promulgate such rules and regu- lations as may be necessary to implement the provisions of this act on or before such effective date. § 2. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any subpart 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 S. 2506 113 A. 3006 by confined in its operation to the clause, sentence, paragraph, subdi- vision, section or part contained in any subpart thereof directly involved in the controversy in which such judgment 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. § 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 AA Section 1. Legislative findings and intent. The legislature finds that the transition to the green economy and creating good paying jobs are not mutually exclusive priorities for New York State. In order to make this transition and achieve the ambitious goals set forth in the Climate Leadership and Community Protection Act, a clear focus on prioritizing renewable energy sources is necessary. However, the workers who will build the infrastructure of the green economy must not be left behind. Setting clear standards for job quality will ensure the creation of good jobs, protect workers in the ongoing transition of our energy sector, and result in positive economic impacts. Due to such findings, the legislature hereby declares that the mandate of prevailing wage or project labor agreements for construction work and engineering and consulting services performed in connection with the installation of renewable energy systems provided in this bill will ensure that workers are central to New York State's transition to the green economy. § 2. 1. (a) For purposes of this act, a "covered renewable energy project" means construction work and engineering and consulting services performed under contract which is paid for in whole or in part out of public funds as such term is defined in this section where the amount of all such public funds, when aggregated, is at least thirty percent of the total construction project costs, in connection with either: (i) the installation of a renewable energy system, as such term is defined in section 66-p of the public service law, with a capacity over twenty-five megawatts alternating current and with a total project cost of over ten million dollars; or (ii) the installation of a solar energy system with a capacity over five megawatts alternating current and with a total project cost of over five million dollars. (b) For purposes of this act, a covered renewable energy project shall exclude construction work performed under a pre-hire collective bargain- ing agreement between an owner or contractor and a bona fide building and construction trade labor organization which has established itself as the collective bargaining representative for all persons who will perform work on such a project, and which provides that only contractors and subcontractors who sign a pre-negotiated agreement with the labor organization can perform work on such a project, or construction work performed under a labor peace agreement, project labor agreement, or any other construction work performed under an enforceable agreement between an owner or contractor and a bona fide building and construction trade labor organization. (c) For purposes of this act, "paid for in whole or in part out of public funds" shall mean (i) the payment of money, by a public entity, or a third party acting on behalf of and for the benefit of a public entity, directly to or on behalf of the contractor, subcontractor, S. 2506 114 A. 3006 developer or owner that is not subject to repayment, including, without limitation, grants, incentives, the procurement of renewable energy credits, or loans to be repaid only on a contingent basis; or (ii) savings achieved from fees, rents, interest rates, or other loan costs, or insurance costs that are lower than market rate costs by virtue of the involvement of a public entity. 2. Notwithstanding part FFF of chapter 58 of the laws of 2020 that established prevailing wage for construction work done under contract which is paid for in whole or in part out of public funds, a covered renewable energy project shall be subject to prevailing wage require- ments in accordance with sections 220 and 220-b of the labor law. Noth- ing herein shall be construed to require the payment of prevailing wage or require a project labor agreement for a renewable energy project which is paid for with solely private funds, by private entities. 3. For purposes of this act, the "fiscal officer" shall be deemed to be the commissioner of labor. 4. The enforcement of any covered renewable energy project pursuant to this act shall be subject only to the requirement of sections 220, 220-b, and 224-b of the labor law and within the jurisdiction of the fiscal officer; provided, however, nothing contained in this act shall be deemed to construe any covered renewable energy project as otherwise being considered public work pursuant to article 8 of the labor law. 5. The fiscal officer may issue rules and regulations governing the provisions of this act. Violations of this act shall be grounds for determinations and orders pursuant to section 220-b of the labor law. § 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, or section 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, or section thereof directly involved in the controversy in which such judgment 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. § 4. This act shall take effect on January 1, 2022 and shall apply to covered renewable energy projects that begin on or after that date. § 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. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through AA of this act shall be as specifically set forth in the last section of such Parts.
2021-S2506A - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2021-S2506A - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2021-2022 state fiscal year; relates to school contracts for excellence; provides for a pandemic adjustment payment reduction; relates to aidable transportation expenses
2021-S2506A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2506--A A. 3006--A S E N A T E - A S S E M B L Y January 20, 2021 ___________ 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 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 AN ACT to amend the education law, in relation to school contracts for excellence; to amend the education law, in relation to the purchase and use of school textbooks, school library materials, and computers; to amend the education law, in relation to the apportionment of public moneys to school districts employing eight or more teachers; to amend the education law, in relation to special apportionments and grants- in-aid to school districts and to moneys apportioned for board of cooperative educational services aidable expenditures; to amend the education law, in relation to the local district funding adjustment; to amend the education law, in relation to pandemic adjustment payment reduction; to amend the education law, in relation to aidable trans- portation expense; to amend the education law, in relation to the statewide universal full-day pre-kindergarten program; to amend the education law, in relation to moneys apportioned; to amend the educa- tion law, in relation to waivers from certain duties; to amend the education law, in relation to the New York state mentor teacher-in- ternship program; to amend the education law, in relation to the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to the national board for profes- sional teaching standards certification grant; to amend the education law, in relation to charter school aid; to amend chapter 507 of the laws of 1974, relating to providing for the apportionment of state monies to certain nonpublic schools, to reimburse them for their expenses in complying with certain state requirements for the adminis- tration of state testing and evaluation programs and for participation in state programs for the reporting of basic educational data, in relation to the calculation of nonpublic schools' eligibility to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12572-02-1 S. 2506--A 2 A. 3006--A receive aid; 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 reimbursement for the 2021-2022 school year; 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 withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend 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, in relation to the effectiveness thereof; to amend 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 the effectiveness thereof; relates to school bus driver training; relates to special apportionment for salary expenses and public pension accruals; relates to authorizing the city school district of the city of Rochester to purchase certain services; relates to suballocations of appropriations; relating to the support of public libraries; to repeal section 3033 of the education law relating to the New York state mentor teacher-internship program; to repeal section 3612 of the education law relating to the teachers of tomorrow teacher recruitment and retention program; and to repeal section 3004-a of the education law relating to the national board for professional teaching standards certification grant (Part A); to amend the business corporation law, the partnership law and the limited liability company law, in relation to certified public accountants (Part B); to amend the education law, in relation to registration of a new curriculum or program of study offered by a not-for-profit college or university (Part C); to amend the education law, in relation to extending state university of New York procurement flexibility and authorizing the state university of New York to purchase services from a consortium; and to amend part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, procurement and the state university health care facilities, in relation to the effective- ness thereof (Part D); to amend the education law, in relation to predictable tuition allowing annual tuition increase for SUNY and CUNY schools; and to amend chapter 260 of the laws of 2011, amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof (Part E); extending scholarship program eligibility for certain recipients affected by the COVID-19 pandemic (Part F); to amend the education law, in relation to establishing the amount awarded for the excelsior scholarship (Part G); to amend the executive law, in relation to facilities operated and maintained by the office of children and fami- ly services and to authorize the closure of certain facilities oper- ated by such office; and to repeal certain provisions of such law relating thereto (Part H); to amend part N of chapter 56 of the laws of 2020 amending the social services law relating to restructuring financing for residential school placements, in relation to making such provisions permanent (Part I); to amend part G of chapter 57 of S. 2506--A 3 A. 3006--A the laws of 2013, amending the executive law and the social services law relating to consolidating the youth development and delinquency prevention program and the special delinquency prevention program, in relation to making such provisions permanent (Part J); to amend part K of chapter 57 of the laws of 2012, amending the education law, relat- ing to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to the effectiveness thereof (Part K); to amend the social services law and the family court act, in relation to compliance with the Federal Family First Prevention Services Act (Part L); to amend the social services law, in relation to differential response programs for child protection assessments or investigations (Part M); to amend the judiciary law, in relation to authorizing the chief administrator of the courts to establish veterans treatment courts; and to amend the criminal proce- dure law, in relation to the removal of certain actions to veterans treatment courts (Part N); to utilize reserves in the mortgage insur- ance fund for various housing purposes (Part O); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part P); to amend the state finance law, in relation to authorizing a tax check-off for gifts to food banks (Part Q); to amend the executive law, in relation to expanding the scope of the application of subdivi- sion 4 of section 296 of such law to private educational institutions (Part R); to amend the executive law, in relation to prohibiting discrimination based on citizenship or immigration status (Part S); to amend the labor law, in relation to unemployment (Part T); to amend the private housing finance law, in relation to exempting certain projects from sales and compensating use taxes (Part U); to amend the social services law and the abandoned property law, in relation to the transfer of unclaimed support collections and unidentified payments; to amend the family court act and the domestic relations law, in relation to making conforming changes; to repeal certain provisions of social services law relating thereto; and to repeal paragraph (c) of subdivision 1 of section 600 and subdivision 3 of section 602 of the abandoned property law, relating to moneys paid to a support bureau of a family court (Part V); to allow employees to take paid time leave to obtain the COVID-19 vaccination (Part W); to amend the public authori- ties law, in relation to granting the state of New York mortgage agen- cy authority to purchase mortgage loans from a broader pool of non-de- pository lenders, to purchase mortgages secured by new construction loans, and modify its mortgages to assist financially distressed home- owners (Part X); in relation to providing for the suspension of fees relating to the late payment of rent; and to permit tenants to use their security deposits as rent payments (Part Y); to amend the social services law, in relation to making child care more affordable for low-income families (Subpart A); and to amend the social services law, in relation to easing administrative burdens on child care programs and providers (Subpart B) (Part Z); relating to prevailing wage requirements (Part AA); to amend the state finance law, in relation to establishing the emergency rental assistance local government allo- cation fund (Part BB); and to amend the labor law, in relation to prohibiting the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges; and to amend chapter 21 of the laws of 2021, amending the labor law relating to prohibiting the S. 2506--A 4 A. 3006--A inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges, in relation to the effectiveness thereof (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 necessary to implement the state education, labor, housing and family assistance budget for the 2021-2022 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, including 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 amended by section 1 of part A of chapter 56 of the laws of 2020, 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 and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good S. 2506--A 5 A. 3006--A standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand thirteen--two thousand fourteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fourteen--two thousand fifteen school year; and provided further that a school district that submitted a contract for excellence for the two thousand fifteen--two thousand sixteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand sixteen--two thou- sand seventeen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fifteen--two thousand sixteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand sixteen--two thousand seventeen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand seventeen--two thousand eighteen school year which shall, notwithstand- ing the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand sixteen--two thousand seventeen school year; and provided further that a school district that submitted a contract for excellence for the two thousand seventeen--two thousand eighteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand eighteen--two thousand nineteen 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 amount approved by the commissioner in the contract for excellence for the two thousand seven- teen--two thousand eighteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand eighteen--two thousand nineteen school year, unless all schools in the district are identified as in good standing, shall submit a S. 2506--A 6 A. 3006--A contract for excellence for the two thousand nineteen--two thousand twenty school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eighteen--two thousand nineteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand nineteen--two thousand twenty school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty--two thousand twenty-one school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand nineteen--two thousand twenty school year; AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN- TY-ONE SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMIS- SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated 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 eleven-- two thousand twelve as computed pursuant to chapter fifty-three 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 chapter fifty-three of the laws of two thousand eleven, making appropriations for the local assistance budget, including support for general support for public schools. Provided, further, that such amount shall be expended to support and maintain allowable programs and activ- ities 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. § 2. Section 701 of the education law, as amended by chapter 587 of the laws of 1973, subdivision 2 as amended by section 1 of part A1 of chapter 58 of the laws of 2011, subdivision 3 as amended by chapter 391 of the laws of 1989, subdivision 4 as amended by chapter 82 of the laws of 1995, subdivision 6 as amended by section 6 of part B of chapter 57 of the laws of 2007, subdivision 7 as amended by section 2 of part A of chapter 436 of the laws of 1997, and subdivision 8 as added by chapter 635 of the laws of 1984, is amended to read as follows: § 701. Power to designate text-books; purchase and loan of text-books; purchase of supplies. 1. In the several cities and school districts of the state, boards of education, trustees or such body or officer as perform the functions of such boards, shall designate text-books to be used in the schools under their charge. S. 2506--A 7 A. 3006--A 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, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY, a text-book shall also mean items of expend- iture 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 of law. Courseware or other content-based instructional materials in an electronic format included in the definition 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. 3. In the several cities and school districts of the state, boards of education, trustees or such body or officers as perform the function of such boards shall have the power and duty to purchase and to loan upon individual request, textbooks, to all children residing in such district who are enrolled in a public school including children attending the public schools of the district for whom the district is eligible to receive reimbursement pursuant to [paragraph a of] subdivision eight of section thirty-two hundred two of this chapter, provided, however, that such children shall not be counted by any other school district, and to all children residing in such district who are enrolled in a nonpublic school. Textbooks loaned to children enrolled in said nonpublic schools shall be textbooks which are designated for use in any public schools of the state or are approved by any boards of education, trustees or other school authorities. Such textbooks are to be loaned free to such chil- dren subject to such rules and regulations as are or may be prescribed by the board of regents and such boards of education, trustees or other school authorities. Enrollment shall be as defined in subdivision one of section thirty-six hundred two of this chapter. 4. No school district shall be required to purchase or otherwise acquire textbooks, the cost of which shall exceed an amount equal to the [apportionment] TEXTBOOK FACTOR pursuant to subdivision six of this section plus a minimum lottery grant determined pursuant to subdivision four of section ninety-two-c of the state finance law multiplied by the [number of children residing in such district and so enrolled in the base year] SUM OF THE ENROLLMENTS IN GRADES KINDERGARTEN THROUGH TWELVE IN THE BASE YEAR CALCULATED PURSUANT TO SUBPARAGRAPHS FOUR, FIVE AND SIX OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER; and no school district shall be required to loan textbooks in excess of the textbooks owned or acquired by such district; provided, however that all textbooks owned or acquired by such district shall be loaned to children residing in the district and so enrolled in public and nonpublic schools on an equitable basis. 5. In the several cities and school districts of the state, boards of education, trustees or other school authorities may purchase supplies and either rent, sell or loan the same to the pupils attending the S. 2506--A 8 A. 3006--A public schools in such cities and school districts upon such terms and under such rules and regulations as may be prescribed by such boards of education, trustees or other school authorities. 6. The commissioner, in addition to the annual apportionment of public monies pursuant to other articles of this chapter, IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR, shall apportion to each school district an amount equal to the cost of the textbooks purchased and loaned by the district pursuant to this section in the base year, but in no case shall the aid apportioned to the district exceed the product of the textbook factor plus a minimum lottery grant, determined pursuant to subdivision four of section ninety-two-c of the state finance law, and the sum of the enrollments in grades kindergarten through twelve in the base year calculated pursuant to subparagraphs four, five, and six of paragraph n of subdivision one of section thir- ty-six hundred two of this chapter. Aid payable pursuant to this section shall be deemed final and not subject to change after April thirtieth of the school year for which payment was due. For aid payable in the two thousand seven--two thousand eight school year [and thereafter] THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, the textbook factor shall equal forty-three dollars and twenty-five cents. FOR PURPOSES OF DETERMINING LOANS PURSU- ANT TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, THE TEXTBOOK FACTOR SHALL EQUAL FIFTY-EIGHT DOLLARS AND TWENTY-FIVE CENTS. 7. The apportionment provided for in this section shall be paid, at such times as may be determined by the commissioner and approved by the director of the budget, during the school year in which the expenditures are reported to the department prior to such apportionment, PROVIDED THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 TEXTBOOK AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Expenditures by a school district in excess of the product of the textbook factor plus a minimum lottery grant determined pursuant to subdivision four of section ninety-two-c of the state finance law and the sum of the enrollments in grades kindergarten through twelve in the base year calculated pursuant to subparagraphs four, five, and six of paragraph n of subdivision one of section thirty-six hundred two of this chapter in any school year shall be deemed approved operating expense of the district for the purpose of computation of state aid pursuant to section thirty-six hundred two of this chapter, but expenditures up to such product shall not be deemed approved operating expenses for such purpose. 8. In its discretion, a board of education may adopt regulations spec- ifying the date by which requests for the purchase and loan of textbooks must be received by the district. Notice of such date shall be given to all non-public schools. Such date shall not be earlier than the first day of June of the school year prior to that for which such textbooks are being requested, provided, however, that a parent or guardian of a child not attending a particular non-public school prior to June first of the school year may submit a written request for textbooks within thirty days after such child is enrolled in such non-public school. In no event however shall a request made later than the times otherwise provided pursuant to this subdivision be denied where a reasonable explanation is given for the delay in making the request. S. 2506--A 9 A. 3006--A § 3. Subdivision 4 of section 711 of the education law, as amended by section 4 of part C of chapter 58 of the laws of 1998, is amended to read as follows: 4. Commencing July first, nineteen hundred ninety eight THROUGH JUNE THIRTIETH, TWO THOUSAND TWENTY-ONE, the commissioner, in addition to the annual apportionment of public monies pursuant to other articles of this chapter, shall apportion to each school district an amount equal to the cost of the school library materials purchased by the district pursuant to this section in the base year, but in no case shall the aid appor- tioned to the district exceed the product of the library materials factor and the sum of public school district enrollment, nonpublic school enrollment, and additional public enrollment as defined in subparagraphs two, three, and six of paragraph n of subdivision one of section thirty-six hundred two of this chapter. Aid payable pursuant to this section shall be deemed final and not subject to change after April thirtieth of the school year for which payment was due, PROVIDED THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 LIBRARY MATERIALS AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". § 4. Subdivision 2 of section 712 of the education law, as added by chapter 53 of the laws of 1985, is amended to read as follows: 2. No school district shall be required to loan school library materi- als in excess of the school library materials owned [or], acquired, OR DESIGNATED by such district pursuant to section seven hundred eleven of this article, PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE PRODUCT OF THE LIBRARY MATERIALS FACTOR AND THE SUM OF PUBLIC SCHOOL DISTRICT ENROLLMENT, NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC ENROLLMENT AS DEFINED IN SUBPARAGRAPHS TWO, THREE AND SIX OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR THE BASE YEAR. Such school library materials shall be loaned on an equi- table basis to children defined in subdivision three of section seven hundred eleven of this article attending in the current year. The payment of tuition under article eighty-nine of this chapter is deemed to be an equitable loan to children for whom such tuition is paid. § 5. Subdivision 4 of section 751 of the education law, as amended by section 3 of part H of chapter 83 of the laws of 2002, is amended to read as follows: 4. The commissioner, in addition to the annual apportionment of public monies pursuant to other articles of this chapter, IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR, shall apportion to each school district an amount equal to the cost of the software programs purchased by the district pursuant to this section in the base year, but in no case shall the aid apportioned to the district exceed the product of the software factor and the sum of public school district enrollment, nonpublic school enrollment, and additional public enroll- ment as defined in subparagraphs two, three, and six of paragraph n of subdivision one of section thirty-six hundred two of this chapter, PROVIDED THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 SOFTWARE AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". S. 2506--A 10 A. 3006--A For aid payable in the nineteen hundred ninety-seven--ninety-eight and nineteen hundred ninety-eight--ninety-nine school years, the software factor shall equal four dollars and fifty-eight cents. For aid payable in the nineteen hundred ninety-nine--two thousand school year, the soft- ware factor shall equal seven dollars and fifty-five cents. For aid payable in the two thousand--two thousand one school year, the software factor shall equal fourteen dollars and ninety-eight cents. For aid payable in the two thousand one--two thousand two school year, the soft- ware factor shall equal twenty-three dollars and ninety cents. For aid payable in the two thousand two--two thousand three school year and thereafter, the software factor shall equal fourteen dollars and nine- ty-eight cents. The apportionment provided for in this section shall be paid at such times as may be determined by the commissioner and approved by the director of the budget. Aid payable pursuant to this section shall be deemed final and not subject to change after April thirtieth of the school year for which payment was due. § 6. Subdivision 2 of section 752 of the education law, as amended by chapter 257 of the laws of 1984, is amended to read as follows: 2. No school district shall be required to loan software programs in excess of the software programs owned [or], acquired, OR DESIGNATED by such district pursuant to section seven hundred fifty-one of this arti- cle PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE PRODUCT OF THE SOFTWARE FACTOR AND THE SUM OF PUBLIC SCHOOL DISTRICT ENROLLMENT, NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC ENROLLMENT AS DEFINED IN SUBPARAGRAPHS TWO, THREE AND SIX OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR THE BASE YEAR. Such software programs shall be loaned on an equitable basis to children defined in subdivision three of section seven hundred fifty-one of this article attending in the current year. The payment of tuition under article eighty-nine of this chapter is deemed to be an equitable loan to children for whom such tuition is paid. § 7. Section 753 of the education law, as added by section 7-a of part B of chapter 57 of the laws of 2007, subdivision 1 as amended by section 4 of part A1 of chapter 58 of the laws of 2011, is amended to read as follows: § 753. Instructional computer hardware and technology equipment appor- tionment. 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 IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR 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 development for instructional purposes as provided hereinafter, or (iv) for expenses incurred on or after July first, two thousand eleven AND BEFORE JULY FIRST, TWO THOUSAND TWENTY, 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 eligi- ble 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, PROVIDED FURTHER THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 HARDWARE & TECHNOL AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY S. 2506--A 11 A. 3006--A THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". 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 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. 2. As used in this article: a. "Current year" shall have the same meaning as that term is defined in subdivision one of section thirty-six hundred two of this chapter; b. "Base year" shall have the same meaning as that term is defined in subdivision one of section thirty-six hundred two of this article; and c. "Technology equipment", for the purposes of this article, shall mean equipment with a useful life used in conjunction with or in support of educational programs including but not limited to video, solar ener- gy, robotic, satellite, laser and such other equipment as the commis- sioner shall approve provided that expenses for the purchase or lease of such equipment shall not be eligible for aid under any other provisions of this chapter. 3. No school district shall be required to purchase or otherwise acquire instructional computer hardware or technology equipment, the cost of which exceeds, FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN- TY-ONE SCHOOL YEAR AND PRIOR, the amount of state aid provided pursuant to this section, AND FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN- TY-TWO SCHOOL YEAR AND THEREAFTER, 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. 4. The apportionment provided for in this section shall be paid at such times as may be determined by the commissioner and approved by the director of the budget, during the school year in which the expenditures are reported to the department prior to such apportionment, but not earlier than the school year after the school year in which expenses are incurred. 5. Expenses aided pursuant to this section shall not be eligible for aid pursuant to any other provision of this chapter. S. 2506--A 12 A. 3006--A § 8. Paragraphs a, g and h of subdivision 5 of section 1950 of the education law, paragraph a as amended by section 4 and paragraph g as amended by section 5 of part C of chapter 57 of the laws of 2004, and paragraph h as added by section 1 of part L of chapter 57 of the laws of 2005, are amended to read as follows: a. Upon application by a board of cooperative educational services, IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR, there shall be apportioned and paid from state funds to each board of cooperative educational services an amount which shall be the product of the approved cost of services actually incurred during the base year multiplied by the sharing ratio for cooperative educational services aid which shall equal the greater of: (i) an amount equal to one minus the quotient expressed as a decimal to three places without rounding of eight mills divided by the tax rate of the local district computed upon the actual valuation of taxable property, as determined pursuant to subdivision one of section thirty-six hundred two of this chapter [and notwithstanding section three thousand six hundred three], expressed in mills to the nearest tenth as determined by the commissioner, provided, however, that where services are provided to a school district which is included within a central high school district or to a central high school district, such amount shall equal one minus the quotient expressed as a decimal to three places without rounding of three mills divided by the tax rates, expressed in mills to the nearest tenth, of such districts, as determined by the commissioner or (ii) the aid ratio of each school district for the current year, which shall be such compo- nent school district's board of cooperative educational services aid ratio and which shall be not less than thirty-six percent converted to decimals and shall be not more than ninety percent converted to decimals, PROVIDED THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN- TY-ONE SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 BOCES AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". For the purposes of this paragraph, the tax rate of the local district computed upon the actual valuation of taxable property shall be the sum of the amount of tax raised by the school district plus any payments in lieu of taxes received by the school district pursuant to section four hundred eighty-five of the real property tax law, divided by the actual valuation of the school district, provided, however that the tax rate for a central high school district shall be the sum of the amount of tax raised by the common and union free school districts included within the central high school district for the support of the central high school district plus any payments in lieu of taxes received for the support of the central high school district pursuant to section four hundred eighty-five of the real property tax law, divided by the actual valuation of the central high school district. The tax rate for each common or union free school district which is included within a central high school district shall be the sum of the amount raised for the support of such common or union free school district plus any payments in lieu of taxes received for the support of the school district pursuant to section four hundred eighty-five of the real prop- erty tax law, exclusive of the amount raised for the central high school district, divided by the actual valuation of such common or union free school district. g. Any payment required by a board of cooperative educational services to the dormitory authority or any payment required by a board of cooper- S. 2506--A 13 A. 3006--A ative educational services to acquire or construct a school facility of the board of cooperative educational services, and any payments for rental of facilities by a board of cooperative educational services shall, for the purposes of apportionment of public moneys to the board of cooperative educational services by the state of New York, be deemed to be an administrative or capital expense, as designated by the commis- sioner, but the entire amount of such payment shall be utilized in making such apportionment and the limitation of ten percent of the total expenses contained in this subdivision shall not be applicable. Any expense designated by the commissioner as a capital expense shall be included in the capital budget of the board of cooperative educational services and, except as otherwise provided in this paragraph, shall be aided in the same manner as an administrative expense, PROVIDED, HOWEV- ER, THAT SUCH AID SHALL NOT BE PROVIDED COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR. Any such payment shall not be considered part of the total expenses of the board for purposes of determining the administrative and clerical expenses not to exceed ten percent otherwise eligible for aid under this subdivision, and such payments shall be considered for the purpose of apportionment during the current school year such payment is made. The apportionment for such payments shall be determined by multiplying the amount of such payment allocated to each component school district in the board of cooperative educational services by the aid ratio, and shall be not more than ninety percent converted to decimals, of each such component computed pursuant to subdivision three of section thirty-six hundred two OF THIS CHAPTER and used to apportion aid to that district in that current school year; provided, however, the apportionment for the construction, acquisition, reconstruction, rehabilitation, or improvement of board of cooperative educational services facilities, including payments to the dormitory authority and payments under any lease agreement, shall be based upon the cost of the board of cooperative educational services school facili- ties but not to exceed the cost allowance set forth in subdivision six of section thirty-six hundred two of [the education law] THIS CHAPTER and payments for rental facilities shall be subject to the approval of the commissioner. h. Each board of cooperative educational services receiving a payment pursuant to paragraph a of this subdivision and section thirty-six hundred nine-d of this chapter, IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR, shall be required to set aside from such payment an amount not less than the amount of state aid received pursuant to paragraph a of this subdivision in the base year that was attributable to cooperative services agreements (CO-SERs) for career education, as determined by the commissioner, and shall be required to use such amount to support career education programs in the current year. § 9. Subdivision 1 of section 3602 of the education law is amended by adding a new paragraph kk to read as follows: KK. THE "FEDERAL COVID-19 SUPPLEMENTAL STIMULUS" SHALL BE EQUAL TO THE SUM OF (1) NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF FUNDS PROVIDED UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 PLUS (2) THE BASE FEDERAL ALLOCATION. FOR ELIGIBLE DISTRICTS, THE BASE FEDERAL ALLOCATION SHALL BE EQUAL TO THE PRODUCT OF NINE HUNDRED FIFTY- TWO DOLLARS AND FIFTEEN CENTS ($952.15) AND PUBLIC SCHOOL DISTRICT S. 2506--A 14 A. 3006--A ENROLLMENT IN THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF THIS SUBDIVISION LESS NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRI- ATIONS ACT, 2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF FUNDS PROVIDED UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965, BUT NOT LESS THAN ZERO. DISTRICTS SHALL BE ELIGIBLE FOR THE BASE FEDERAL ALLOCATION IF THEIR COMBINED WEALTH RATIO FOR THE CURRENT YEAR COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION IS LESS THAN ONE AND FIVE TENTHS (1.5) AND THE DISTRICT IS NOT A CENTRAL HIGH SCHOOL DISTRICT. § 10. Paragraph h of subdivision 4 of section 3602 of the education law, as added by section 14-a of part A of chapter 56 of the laws of 2020, is amended to read as follows: h. Foundation aid payable in the two thousand twenty--two thousand twenty-one THROUGH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO school [year] YEARS. Notwithstanding any provision of law to the contra- ry, foundation aid payable in the two thousand twenty--two thousand twenty-one THROUGH TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO school [year] YEARS shall equal the apportionment for foundation aid in the base year. § 11. Subdivision 10 of section 3602 of the education law, as added by chapter 57 of the laws of 1993 and renumbered by section 16 of part B of chapter 57 of the laws of 2007, the subdivision heading and paragraphs a and c as amended by section 32 of part H of chapter 83 of the laws of 2002, paragraph b as amended by section 16 of part B of chapter 57 of the laws of 2007, paragraph d as added by section 17 of part B of chap- ter 57 of the laws of 2008, and paragraph e as added by chapter 357 of the laws of 2018, is amended to read as follows: 10. Special services aid for large city school districts and other school districts which were not components of a board of cooperative educational services in the base year. a. [The] IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR, THE city school districts of those cities having populations in excess of one hundred twenty-five thousand and any other school district which was not a component of a board of cooperative educational services in the base year shall be entitled to an apportionment under the provisions of this section. b. Aid for career education. There shall be apportioned to such city school districts and other school districts which were not components of a board of cooperative educational services in the base year for pupils in grades ten through twelve in attendance in career education programs as such programs are defined by the commissioner, subject for the purposes of this paragraph to the approval of the director of the budg- et, an amount for each such pupil to be computed by multiplying the career education aid ratio by three thousand nine hundred dollars, PROVIDED THAT SUCH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY--TWO THOU- SAND TWENTY-ONE SCHOOL YEAR SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 CAREER EDUCATION AID" UNDER THE HEADING "CAREER EDUCATION AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Such aid will be payable for weighted pupils attending career education programs operated by the school district and for weighted pupils for whom such school district contracts with boards of cooperative educational services to attend career education programs operated by a board of cooperative educational S. 2506--A 15 A. 3006--A services. Weighted pupils for the purposes of this paragraph shall mean the sum of the attendance of students in grades ten through twelve in career education sequences in trade, industrial, technical, agricultural or health programs plus the product of sixteen hundredths multiplied by the attendance of students in grades ten through twelve in career educa- tion sequences in business and marketing as defined by the commissioner in regulations. The career education aid ratio shall be computed by subtracting from one the product obtained by multiplying fifty-nine percent by the combined wealth ratio. This aid ratio shall be expressed as a decimal carried to three places without rounding, but not less than thirty-six percent. Any school district that receives aid pursuant to this paragraph shall be required to use such amount to support career education programs in the current year. A board of education which spends less than its local funds as defined by regulations of the commissioner for career education in the base year during the current year shall have its apportionment under this subdivi- sion reduced in an amount equal to such deficiency in the current or a succeeding school year, provided however that the commissioner may waive such reduction upon determination that overall expenditures per pupil in support of career education programs were continued at a level equal to or greater than the level of such overall expenditures per pupil in the preceding school year. c. Computer administration aid for large city school districts and any other school district which was not a component of a board of cooper- ative educational services in the base year. The city school districts of those cities having populations in excess of one hundred twenty-five thousand inhabitants and any other school district which was not a component of a board of cooperative educational services in the base year shall be eligible for an apportionment in accordance with the provisions of this subdivision, PROVIDED THAT SUCH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 COMPUT- ER ADMIN AID" UNDER THE HEADING "COMPUTER ADMINISTRATION" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Such districts shall be entitled to an additional apportion- ment computed by multiplying the lesser of (1) expenses for approved computer services in the base year or (2) the maximum allowable expense equal to the product of sixty-two dollars and thirty cents and the enrollment of pupils attending the public schools of such district in the base year, by the computer expenses aid ratio. The computer expenses aid ratio shall be computed by subtracting from one the product obtained by multiplying fifty-one per centum by the combined wealth ratio. This aid ratio shall be expressed as a decimal carried to three places without rounding, but shall not be less than thirty per centum. Expenses for approved computer services in the base year up to the maxi- mum allowable expense shall not be used to claim aid pursuant to any other provisions of this section. d. Aid for academic improvement. There shall be apportioned to such city school districts and other school districts which were not compo- nents of a board of cooperative educational services in the base year, an amount per pupil for each pupil eligible for aid pursuant to para- graph b of this subdivision to be computed by multiplying the career education aid ratio computed pursuant to such paragraph b of this subdi- vision by the sum of (1) one hundred dollars plus (2) the quotient of S. 2506--A 16 A. 3006--A one thousand dollars divided by the lesser of one or the combined wealth ratio, PROVIDED THAT SUCH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY-- TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 ACADEMIC IMPRVMT AID" UNDER THE HEADING "ACADEMIC IMPROVEMENT AID" IN THE SCHOOL AID COMPUTER LIST- ING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Aid for academic improvement shall be unrestricted general aid available to support any academic programs of the school district. [e. Career education data collection. Beginning in the two thousand seventeen--two thousand eighteen school year the commissioner shall collect data from school districts receiving aid under this subdivision on the number of students in the base year that are in grade nine and enrolled in career education courses in trade/industrial education, technical education, agricultural education, health occupations educa- tion, business and marketing education, family and consumer science education, and technology education programs in a manner prescribed by the commissioner.] § 12. Section 3602 of the education law is amended by adding a new subdivision 21 to read as follows: 21. SERVICES AID. A. FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT FOR SERVICES AID EQUAL TO THE DIFFERENCE OF (1) THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "2021-22 BOCES AID", "2021-22 TEXTBOOK AID", "2021-22 SOFTWARE AID", "2021-22 LIBRARY MATERI- ALS AID", "2021-22 HARDWARE & TECHNOL AID", "2020-21 SUPPLEMENTAL PUB EXCESS COST", "2021-22 TRANSPORTATION AID", "2021-22 PAYABLE SUMM TRANS AID", "2021-22 CAREER EDUCATION AID", "2021-22 ACADEMIC IMPRVMT AID", "2021-22 COMPUTER ADMIN AID", "2020-21 ACADEMIC ENHANCEMENT", "2020-21 HIGH TAX AID" AND "2021-22 TRANSITIONAL AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2" LESS (2) THE SERVICES AID REDUCTION. B. THE SERVICES AID REDUCTION SHALL BE EQUAL TO THE LESSER OF (1) THE POSITIVE DIFFERENCE OF THE FEDERAL COVID-19 SUPPLEMENTAL STIMULUS AS COMPUTED PURSUANT TO PARAGRAPH KK OF SUBDIVISION ONE OF THIS SECTION LESS THE LOCAL DISTRICT FUNDING ADJUSTMENT PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-I OF THIS PART OR (2) THE PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT IN THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (I) SIX HUNDRED THREE DOLLARS AND TWO CENTS ($603.02) FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, OR (II) FOR ALL OTHER DISTRICTS, THE PRODUCT OF ONE HUNDRED FORTY-FIVE DOLLARS AND EIGHTY CENTS ($145.80) AND THE POSITIVE VALUE, IF ANY, COMPUTED BY SUBTRACTING FROM ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE PRODUCT OBTAINED BY MULTIPLYING THE COMBINED WEALTH RATIO FOR THE CURRENT YEAR COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION BY SIXTY-FOUR HUNDREDTHS (0.64) AS SET FORTH FOR EACH SCHOOL DISTRICT AS "2021-22 SERVICES AID REDUCT" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". C. FOR THE TWO-THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPOR- TIONMENT FOR SERVICES AID EQUAL TO THE DIFFERENCE OF (1) SERVICES AID FOR THE TWO-THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR S. 2506--A 17 A. 3006--A LESS (2) FOR EACH CITY SCHOOL DISTRICT WITH A POPULATION OF MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS BUT LESS THAN ONE MILLION INHABITANTS, THE POSITIVE VALUE OF THE AMOUNT SET FORTH AS "LOCAL DISTRICT FUNDING ADJ." IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". § 12-a. Subdivision 8 of section 3641 of the education law, as added by section 38 of part B of chapter 57 of the laws of 2007, paragraph b as amended by section 29 of part B of chapter 57 of the laws of 2008, is amended to read as follows: 8. Supplemental educational improvement grants. a. In addition to apportionments otherwise provided by section thirty-six hundred two of this article, for aid payable in the two thousand seven--two thousand eight school year [and thereafter] THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, the amounts specified in paragraph b of this subdivision shall be paid for the purpose of providing additional funding for the costs of educational improvement plans required as a result of a court-ordered settlement in a school desegregation case to which the state was a party. Grant funds awarded pursuant to this subdi- vision shall be used exclusively for services and expenses incurred by the school district to implement such educational improvement plans. b. To the Yonkers city school district there shall be paid seventeen million five hundred thousand dollars ($17,500,000) on an annual basis THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR. Such grant shall be payable from funds appropriated for such purpose and shall be apportioned to the Yonkers city school district in accordance with the payment schedules contained in section thirty-six hundred nine-a of this article, notwithstanding any provision of law to the contrary. § 13. The opening paragraph of subdivision 41 of section 3602 of the education law, as amended by section 20 of part B of chapter 57 of the laws of 2008, is amended to read as follows: Transitional aid for charter school payments. In addition to any other apportionment under this section, for the two thousand seven--two thousand eight school year [and thereafter] THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, a school district other than a city school district in a city having a population of one million or more shall be eligible for an apportionment in an amount equal to the sum of THE FOLLOWING, PROVIDED THAT SUCH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL BE EQUAL TO THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2021-22 TRANSITIONAL AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". § 14. Subdivision 4 of section 3602 of the education law is amended by adding a new paragraph c-1 to read as follows: C-1. FOR THE PURPOSES OF THIS CHAPTER, "BOCES PAYMENT ADJUSTMENT" SHALL MEAN THE TOTAL AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "2021-22 BOCES AID" IN THE DATA FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-ONE- -TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND ENTITLED "BT212-2". NOTWITH- STANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, OF THE TOTAL APPORTIONMENT PURSUANT TO THIS SUBDIVISION, AN AMOUNT EQUAL TO THE BOCES PAYMENT ADJUSTMENT SHALL BE PAID PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-D OF THIS PART. S. 2506--A 18 A. 3006--A § 15. The opening paragraph of section 3609-d of the education law, as amended by section 20 of part L of chapter 57 of the laws of 2005, is amended to read as follows: Notwithstanding the provisions of section thirty-six hundred nine-a of this [article] PART, FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND TWENTY- ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, apportionments payable pursu- ant to section nineteen hundred fifty of this chapter shall be paid pursuant to this section. For aid payable in the two thousand four--two thousand five school year [and thereafter] THROUGH TWO THOUSAND TWENTY- -TWO THOUSAND TWENTY-ONE SCHOOL YEAR, "moneys apportioned" shall mean the lesser of (i) 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 produced by the commissioner in support of the budget including the appropriation for support of boards of cooper- ative educational services for payments due prior to April first for the current year, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payment to be made in the month of June of two thousand six such calculation shall be based on the school aid computer listing for the current year using updated data at the time of each payment. For districts subject to chapter five hundred sixty- three of the laws of nineteen hundred eighty, thirty-six hundred two-b, or two thousand forty of this chapter, for aid payable in the two thou- sand four--two thousand five school year and thereafter, "moneys appor- tioned" shall mean the apportionment calculated by the commissioner based on data on file at the time the payment is processed. NOTWITH- STANDING THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART, FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, APPORTIONMENTS PAYABLE PURSUANT TO PARAGRAPH C-1 OF SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL BE PAID PURSUANT TO THIS SECTION. The "school aid computer listing for the current year" shall be as defined in the opening paragraph of section thirty-six hundred nine-a of this [article] PART. The definitions "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this [article] PART shall apply to this section. § 16. The education law is amended by adding a new section 3609-i to read as follows: § 3609-I. LOCAL DISTRICT FUNDING ADJUSTMENT. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, PAYMENTS COMPUTED PURSU- ANT TO SECTION THIRTY-SIX HUNDRED NINE-E OF THIS PART SHALL BE REDUCED BY THE LOCAL DISTRICT FUNDING ADJUSTMENT. 2. THE "LOCAL DISTRICT FUNDING ADJUSTMENT" SHALL BE EQUAL TO THE LESS- ER OF THE PRESCRIBED PAYMENTS PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-E OF THIS PART OR THE FEDERAL COVID-19 SUPPLEMENTAL STIMULUS AS COMPUTED PURSUANT TO PARAGRAPH KK OF SUBDIVISION ONE OF SECTION THIRTY- SIX HUNDRED TWO OF THIS PART, PROVIDED THAT FOR CITY SCHOOL DISTRICTS WITH A POPULATION OF MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABIT- ANTS BUT LESS THAN ONE MILLION INHABITANTS, THE LOCAL DISTRICT FUNDING ADJUSTMENT FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER SHALL BE ZERO. § 16-a. Paragraph b of subdivision 5-b of section 2576 of education law, as added by section 9 of part B of chapter 57 of the laws of 2007, is amended to read as follows: S. 2506--A 19 A. 3006--A b. The city amount shall not be less than the DIFFERENCE OF THE city amount appropriated in the base year LESS THE VALUE OF ANY REDUCTION FOR THE ENSUING FISCAL YEAR PURSUANT TO SECTION THIRTY-SIX HUNDRED AND NINE-I OF THIS CHAPTER determined at the time of adoption of the budget for the ensuing fiscal year, and shall not be less than the DIFFERENCE OF THE city amount expended in the base year determined as of the end of the school year LESS THE VALUE OF ANY REDUCTION FOR SUCH FISCAL YEAR PURSUANT TO SECTION THIRTY-SIX HUNDRED AND NINE-I OF THIS CHAPTER. Provided, however, in the event the total amount of city funds relied upon to balance such budget is lower than the total amount of city funds appropriated in the base year, as determined at the time of adoption of such budget, the city amount may be reduced by up to the same percentage as the overall percentage decrease in city funds between the base year and the ensuing fiscal year. § 17. Subdivision 19 of section 3602 of the education law is amended by adding a new paragraph c to read as follows: C. THE POSITIVE VALUE OF THE PANDEMIC ADJUSTMENT PAYMENT REDUCTION SHALL NOT EXCEED THE SUM OF MONEYS APPORTIONED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, THIRTY-SIX HUNDRED NINE-A, THIRTY-SIX HUNDRED NINE-B, THIRTY-SIX HUNDRED NINE-D, THIRTY-SIX HUNDRED NINE-F, AND THIR- TY-SIX HUNDRED NINE-H FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY- ONE SCHOOL YEAR FOR ANY SCHOOL DISTRICT. § 18. Paragraph a of subdivision 7 of section 3602 of the education law, as amended by section 17 of part B of chapter 57 of the laws of 2007, is amended to read as follows: a. In addition to the foregoing apportionment, FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND PRIOR SCHOOL YEARS there shall be apportioned to any school district for pupil transportation, the lesser of ninety per centum or the state share of its approved transportation expense for the base year. The state share shall equal the sum of the transportation sparsity adjustment and the transportation aid ratio, but not less than six and one-half percent. The transportation aid ratio shall equal the greater of (i) the product of one and two hundred sixty-three thousandths multiplied by the state sharing ratio, (ii) an aid ratio computed by subtracting from one and one hundredth the product computed to three decimals without rounding obtained by multiplying the resident weighted average daily attendance wealth ratio by forty-six percent, where such aid ratio shall be expressed as a decimal carried to three places without rounding or (iii) excluding cities with a popu- lation of more than one million, an aid ratio computed by subtracting from one and one hundredth the product computed to three decimal places without rounding obtained by multiplying the number computed to three decimals without rounding obtained when the quotient of actual valuation of a school district, as defined in paragraph c of subdivision one of this section, divided by the sum of the resident public school district enrollment, the resident nonpublic school district enrollment and the additional public school enrollment of the school district for the year prior to the base year is divided by the statewide average actual valu- ation per the sum of such total resident public school district enroll- ment, nonpublic school district enrollment and additional public school enrollment of all school districts eligible for an apportionment pursu- ant to this section except central high school districts as computed by the commissioner using the latest single year actual valuation computed under paragraph c of subdivision one of this section, by forty-six percent, where such ratio shall be expressed as a decimal carried to S. 2506--A 20 A. 3006--A three decimal places without rounding. The computation of such statewide average shall include the actual valuation of all school districts eligible for an apportionment pursuant to this section except central high school districts. The transportation sparsity adjustment shall equal the quotient of: the positive remainder of twenty-one minus the district's public school enrollment for the year prior to the base year per square mile, divided by three hundred seventeen and eighty-eight hundredths. Approved transportation expense shall be the sum of the approved transportation operating expense and the approved transporta- tion capital, debt service and lease expense of the district. Approved transportation expense shall not be aidable pursuant to section nineteen hundred fifty of this chapter. § 19. The opening paragraph of section 3622-a of the education law, as added by chapter 474 of the laws of 1996, is amended to read as follows: For the computation of transportation aid pursuant to the requirements of subdivision seven of section thirty-six hundred two of this article and this part FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND PRIOR SCHOOL YEARS, aidable regular transportation shall include the following, provided that the school district shall have voted to furnish such transportation, as provided by law, or that the commissioner shall have directed that such transportation be furnished; and provided further that transportation aid shall not be paid in a case where the provision made for transportation is inadequate and is disapproved by the commissioner: § 20. Subdivisions 6 and 7 of section 3622-a of the education law, subdivision 6 as amended by section 47 of part A of chapter 58 of the laws of 2011 and subdivision 7 as added by chapter 422 of the laws of 2004, are amended and a new subdivision 8 is added 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] THROUGH THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, provided, however, that if the total state- wide apportionment attributable to allowable transportation 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] 7. Transportation provided pursuant to section thirty-six hundred thirty-five-b of this article; AND 8. NOTWITHSTANDING PARAGRAPH A OF SUBDIVISION FIVE OF SECTION THIRTY- SIX HUNDRED FOUR OF THIS ARTICLE, TRANSPORTATION PROVIDED IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020, PROVIDED THAT TRANSPORTATION WAS PROVIDED DURING THE TIME PERIOD OF SCHOOL CLOSURES ORDERED PURSUANT TO EXECUTIVE ORDER 202 OF 2020. SUCH AIDABLE TRANSPORTATION SHALL INCLUDE TRANSPORTATION OF MEALS, EDUCA- TIONAL MATERIALS AND SUPPLIES TO STUDENTS, AND TRANSPORTATION TO PROVIDE STUDENTS WITH INTERNET ACCESS. § 21. The opening paragraph of section 3623-a of the education law, as added by chapter 474 of the laws of 1996, is amended to read as follows: For the computation of transportation aid FOR THE TWO THOUSAND TWEN- TY--TWO THOUSAND TWENTY-ONE AND PRIOR SCHOOL YEARS, pursuant to the requirements of subdivision seven of section thirty-six hundred two of S. 2506--A 21 A. 3006--A this article and this part, allowable transportation expense shall include expenditures for aidable regular transportation as defined in section thirty-six hundred twenty-two-a of this part, provided that such expense shall be limited to expenditure items listed in subdivision one of this section as transportation operating expense and in subdivision two of this section as transportation capital, debt service and lease expense. § 22. Section 3623-a of the education law is amended by adding a new subdivision 4 to read as follows: 4. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE COMPUTATION OF TRANSPORTATION AID PURSUANT TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF SECTION THIR- TY-SIX HUNDRED TWO OF THIS ARTICLE, ALLOWABLE TRANSPORTATION EXPENSES SHALL ALSO INCLUDE TRANSPORTATION OPERATING EXPENSES DESCRIBED IN SUBDI- VISION ONE OF THIS SECTION INCURRED IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020. SUCH EXPENSES SHALL ONLY BE ALLOWABLE TRANSPORTATION EXPENSES WHERE AIDABLE REGULAR TRANSPORTATION AS DEFINED IN SECTION THIRTY-SIX HUNDRED TWENTY-TWO-A OF THIS PART WAS PROVIDED. § 23. Subdivision 16 of section 3602-ee of the education law, as amended by section 22 of part A of chapter 56 of the laws of 2020, is amended to read as follows: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [twenty-one] TWENTY-TWO; provided that the program shall continue and remain in full effect. § 24. Paragraphs a, b and c of subdivision 5 of section 3604 of the education law, paragraph a as amended by chapter 161 of the laws of 2005, paragraph b as amended by section 59 of part A of chapter 436 of the laws of 1997, and paragraph c as added by chapter 82 of the laws of 1995, are amended to read as follows: a. State aid adjustments. All errors or omissions in the apportionment shall be corrected by the commissioner. Whenever a school district has been apportioned less money than that to which it is entitled, the commissioner may allot to such district the balance to which it is enti- tled. Whenever a school district has been apportioned more money than that to which it is entitled, the commissioner may, by an order, direct such moneys to be paid back to the state to be credited to the general fund local assistance account for state aid to the schools, or may deduct such amount from the next apportionment to be made to said district, provided, however, that, upon notification of excess payments of aid for which a recovery must be made by the state through deduction of future aid payments, a school district may request that such excess payments be recovered by deducting such excess payments from the payments due to such school district and payable in the month of June in (i) the school year in which such notification was received and (ii) the two succeeding school years, provided further that there shall be no interest penalty assessed against such district or collected by the state. Such request shall be made to the commissioner in such form as the commissioner shall prescribe, and shall be based on documentation that the total amount to be recovered is in excess of one percent of the district's total general fund expenditures for the preceding school year. The amount to be deducted in the first year shall be the greater of (i) the sum of the amount of such excess payments that is recognized as a liability due to other governments by the district for the preced- S. 2506--A 22 A. 3006--A ing school year and the positive remainder of the district's unreserved fund balance at the close of the preceding school year less the product of the district's total general fund expenditures for the preceding school year multiplied by five percent, or (ii) one-third of such excess payments. The amount to be recovered in the second year shall equal the lesser of the remaining amount of such excess payments to be recovered or one-third of such excess payments, and the remaining amount of such excess payments shall be recovered in the third year. Provided further that, notwithstanding any other provisions of this subdivision, any pending payment of moneys due to such district as a prior year adjust- ment payable pursuant to paragraph [c] B of this subdivision [for], OTHER THAN PAYMENTS REQUIRED AS A RESULT OF A FINAL AUDIT OF THE STATE, SHALL BE DEEMED PAID. FOR aid claims that had been previously paid as current year aid payments in excess of the amount to which the district is entitled and for which recovery of excess payments is to be made pursuant to this paragraph, shall be reduced at the time of actual payment by any remaining unrecovered balance of such excess payments, and the remaining scheduled deductions of such excess payments pursuant to this paragraph shall be reduced by the commissioner to reflect the amount so recovered. [The commissioner shall certify no payment to a school district based on a claim submitted later than three years after the close of the school year in which such payment was first to be made. For claims for which payment is first to be made in the nineteen hundred ninety-six--ninety-seven school year, the commissioner shall certify no payment to a school district based on a claim submitted later than two years after the close of such school year.] For claims for which payment is first to be made [in the nineteen hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE school year [and thereafter], the commissioner shall certify no payment to a school district based on a claim submitted later than [one year after] the close of such school year. FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no payments shall be barred or reduced where such payment is required as a result of a final audit of the state. [It is further provided that, until June thirtieth, nineteen hundred ninety-six, the commissioner may grant a waiver from the provisions of this section for any school district if it is in the best educational interests of the district pursuant to guidelines developed by the commissioner and approved by the director of the budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOU- SAND TWENTY-TWO SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO STATE FISCAL YEAR AND ENTITLED "BT212-2", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, S. 2506--A 23 A. 3006--A SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS- SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. b. [Claims resulting from court orders or judgments. Any payment which would be due as the result of a court order or judgment shall not be barred, provided that, commencing January first, nineteen hundred nine- ty-six, such court order or judgment and any other data required shall be filed with the comptroller within one year from the date of the court order or judgment, and provided further that the commissioner shall certify no payment to a school district for a specific school year that is based on a claim that results from a court order or judgement so filed with the comptroller unless the total value of such claim, as determined by the commissioner, is greater than one percent of the school district's total revenues from state sources as previously recorded in the general fund and reported to the comptroller in the annual financial report of the school district for such school year. c.] Payment of moneys due for prior years. State aid payments due for prior years in accordance with the provisions of this subdivision, OTHER THAN PAYMENTS REQUIRED AS A RESULT OF A FINAL AUDIT OF THE STATE, shall be DEEMED paid [within the limit of the appropriation designated there- for provided, however, that each eligible claim shall be payable in the order that it has been approved for payment by the commissioner, but in no case shall a single claim draw down more than forty percent of the appropriation so designated for a single year, and provided further that no claim shall be set aside for insufficiency of funds to make a complete payment, but shall be eligible for a partial payment in one year and shall retain its priority date status for appropriations desig- nated for such purposes in future years]. § 25. Subdivision 6 of section 4408 of the education law, as added by chapter 82 of the laws of 1995, is amended to read as follows: 6. Notwithstanding any other provision of law to the contrary, no payments shall be made by the commissioner pursuant to this section on or after July first, nineteen hundred ninety-six based on a claim submitted later than [three years] ONE YEAR after the end of the school year in which services were rendered, provided however that no payment shall be barred or reduced where such payment is required as a result of a court order or judgment or a final audit. § 26. The opening paragraph of section 3609-a of the education law, as amended by section 24 of part A of chapter 56 of the laws of 2020, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the two thousand twenty--two thousand twenty-one school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individualized payments S. 2506--A 24 A. 3006--A due prior to April first for the current year plus the apportionment payable during the current school year pursuant to [subdivision] SUBDI- VISIONS 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 five of section ninety-seven- nnnn of the state finance law, less any grants provided pursuant to subdivision twelve of section thirty-six hundred forty-one of this arti- cle, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first business day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this part shall apply to this section. [For aid payable in the two thousand twenty--two thousand twenty-one school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA202-1".] FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRI- ATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAP- TER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION SIX OF SECTION NINETY- SEVEN-NNNN OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE S. 2506--A 25 A. 3006--A FOR FULL-DAY KINDERGARTEN FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, REFER- ENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT212-2". § 27. The education law is amended by adding a new section 4403-a to read as follows: § 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER. 2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS. 3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT SUCH WAIV- ER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL REQUIRE- MENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMINATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCA- TIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED. 4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR WHICH A WAIVER IS GRANTED. § 28. Subdivision 1 of section 3033 of the education law, as amended by chapter 886 of the laws of 1986, is amended to read as follows: 1. Boards of education and boards of cooperative educational services are hereby authorized to participate in the New York state mentor teach- er-internship program in accordance with the provisions of this section THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR. § 29. Section 3033 of the education law is REPEALED. S. 2506--A 26 A. 3006--A § 30. Paragraph b of subdivision 2 of section 3612 of education law, as amended by section 22 of part YYY of chapter 59 of the laws of 2019, 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 costs associated with transitional certification of teacher candidates for the school years two thousand one--two thousand two through [two thousand twenty-three--two thousand twenty-four] TWO THOUSAND TWENTY-- TWO THOUSAND TWENTY-ONE. § 31. Section 3612 of the education law is REPEALED. § 32. Section 3004-a of the education law is amended by adding a new subdivision 7 to read as follows: 7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO GRANTS SHALL BE AWARDED PURSUANT TO THIS SECTION AFTER THE TWO THOUSAND TWEN- TY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR GRANT PERIOD. § 33. Section 3004-a of the education law is REPEALED. § 34. Subparagraphs (viii) and (ix) of paragraph (a) of subdivision 1 of section 2856 of the education law, as amended by section 26-a of part A of chapter 56 of the laws of 2020, are amended to read as follows: (viii) for the two thousand twenty--two thousand twenty-one and two thousand twenty-one--two thousand twenty-two school years, the charter school basic tuition shall be the lesser of (A) the product of (i) the charter school basic tuition calculated for the base year multiplied by (ii) the average of the quotients for each school year in the period commencing with the year three years prior to the base year and finish- ing with the year prior to the base year of the total approved operating expense for such school district calculated pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter for each such year divided by the total approved operating expense for such district for the immediately preceding year multiplied by, (III) for the two thousand twenty--two thousand twenty-one school year only, [(iii)] nine hundred forty-five one-thousandths (0.945), OR FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR ONLY, ONE MINUS THE ADJUSTMENT FACTOR or (B) the quotient of the total general fund expendi- tures for the school district calculated pursuant to an electronic data file created for the purpose of compliance with paragraph b of subdivi- sion twenty-one of section three hundred five of this chapter published annually on May fifteenth for the year prior to the base year divided by the total estimated public enrollment for the school district pursuant to paragraph n of subdivision one of section thirty-six hundred two of this chapter for the year prior to the base year. THE ADJUSTMENT FACTOR SHALL EQUAL THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF (I) THE SERVICES AID REDUCTION FOR THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH B S. 2506--A 27 A. 3006--A OF SUBDIVISION TWENTY-ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, (II) PLUS THE LOCAL DISTRICT FUNDING ADJUSTMENT FOR THE SCHOOL DISTRICT PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-I OF THIS CHAPTER BY (B) THE TOTAL GENERAL FUND EXPENDITURES FOR THE SCHOOL DISTRICT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR CALCULATED PURSUANT TO AN ELECTRONIC DATA FILE CREATED FOR THE PURPOSE OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER PUBLISHED ON MAY FIFTEENTH, TWO THOUSAND TWENTY-ONE. (ix) for the two thousand twenty-two--two thousand twenty-three through two thousand twenty-four--two thousand twenty-five school years the charter school basic tuition shall be the lesser of (A) the product of (i) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION CALCULATED FOR THE BASE YEAR DIVIDED BY THE DIFFERENCE OF ONE LESS THE ADJUSTMENT FACTOR AND FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR AND TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS, the charter school basic tuition calculated for the base year multiplied by (ii) the aver- age of the quotients for each school year in the period commencing with the year four years prior to the base year and finishing with the year prior to the base year, excluding the two thousand twenty--two thousand twenty-one school year, of the total approved operating expense for such school district calculated pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter for each such year divided by the total approved operating expense for such district for the immediately preceding year or (B) the quotient of the total general fund expenditures for the school district calculated pursuant to an electronic data file created for the purpose of compliance with para- graph b of subdivision twenty-one of section three hundred five of this chapter published annually on May fifteenth for the year prior to the base year divided by the total estimated public enrollment for the school district pursuant to paragraph n of subdivision one of section thirty-six hundred two of this chapter for the year prior to the base year. § 35. Subparagraphs (viii) and (ix) of paragraph (a) of subdivision 1 of section 2856 of the education law, as amended by section 26-b of part A of chapter 56 of the laws of 2020, are amended to read as follows: (viii) for the two thousand twenty--two thousand twenty-one and two thousand twenty-one--two thousand twenty-two school years, the charter school basic tuition shall be the lesser of (A) the product of (i) the charter school basic tuition calculated for the base year multiplied by (ii) the average of the quotients for each school year in the period commencing with the year three years prior to the base year and finish- ing with the year prior to the base year of the total approved operating expense for such school district calculated pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter for each such year divided by the total approved operating expense for such district for the immediately preceding year multiplied by, (III) for the two thousand twenty--two thousand twenty-one school year only, [(iii)] nine hundred forty-five one-thousandths (0.945), OR FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR ONLY, ONE MINUS THE ADJUSTMENT FACTOR or (B) the quotient of the total general fund expendi- tures for the school district calculated pursuant to an electronic data file created for the purpose of compliance with paragraph b of subdivi- sion twenty-one of section three hundred five of this chapter published annually on May fifteenth for the year prior to the base year divided by S. 2506--A 28 A. 3006--A the total estimated public enrollment for the school district pursuant to paragraph n of subdivision one of section thirty-six hundred two of this chapter for the year prior to the base year. THE ADJUSTMENT FACTOR SHALL EQUAL THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF (I) THE SERVICES AID REDUCTION FOR THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, (II) PLUS THE LOCAL DISTRICT FUNDING ADJUSTMENT FOR THE SCHOOL DISTRICT PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-I OF THIS CHAPTER BY (B) THE TOTAL GENERAL FUND EXPENDITURES FOR THE SCHOOL DISTRICT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR CALCULATED PURSUANT TO AN ELECTRONIC DATA FILE CREATED FOR THE PURPOSE OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER PUBLISHED ON MAY FIFTEENTH, TWO THOUSAND TWENTY-ONE. (ix) for the two thousand twenty-two--two thousand twenty-three through two thousand twenty-four--two thousand twenty-five school years the charter school basic tuition shall be the lesser of (A) the product of (i) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION CALCULATED FOR THE BASE YEAR DIVIDED BY THE DIFFERENCE OF ONE LESS THE ADJUSTMENT FACTOR AND FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR AND TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS, the charter school basic tuition calculated for the base year multiplied by (ii) the aver- age of the quotients for each school year in the period commencing with the year four years prior to the base year and finishing with the year prior to the base year, excluding the two thousand twenty--two thousand twenty-one school year, of the total approved operating expense for such school district calculated pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter for each such year divided by the total approved operating expense for such district for the immediately preceding year or (B) the quotient of the total general fund expenditures for the school district calculated pursuant to an electronic data file created for the purpose of compliance with para- graph b of subdivision twenty-one of section three hundred five of this chapter published annually on May fifteenth for the year prior to the base year divided by the total estimated public enrollment for the school district pursuant to paragraph n of subdivision one of section thirty-six hundred two of this chapter for the year prior to the base year. § 36. The closing paragraph of paragraph (a) of subdivision 1 of section 2856 of the education law, as amended by section 4 of part YYY of chapter 59 of the laws of 2017, is amended to read as follows: (A-1) For the purposes of this subdivision, the "supplemental basic tuition" shall be (A) for a school district for which the charter school basic tuition computed for the current year is greater than or equal to the charter school basic tuition for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph, (1) for the two thousand fourteen--two thousand fifteen school year two hundred and fifty dollars, and (2) for the two thousand fifteen--two thousand sixteen school year three hundred and fifty dollars, and (3) for the two thousand sixteen--two thousand seventeen school year five hundred dollars, and (4) for the two thousand seven- teen--two thousand eighteen school year and thereafter, the sum of (i) the supplemental basic tuition calculated for the two thousand sixteen- -two thousand seventeen school year plus (ii) five hundred dollars, and (B) for school years prior to the two thousand seventeen--two thousand S. 2506--A 29 A. 3006--A eighteen school year, for a school district for which the charter school basic tuition for the two thousand ten--two thousand eleven school year is greater than the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph, the positive difference of the charter school basic tuition for the two thousand ten--two thousand eleven school year minus the charter school basic tuition for the current year pursuant to the provisions of subpar- agraph (i) of this paragraph and (C) for school years following the two thousand sixteen--two thousand seventeen school years, for a school district for which the charter school basic tuition for the two thousand ten--two thousand eleven school year is greater than the charter school basic tuition for the current year pursuant to the provisions of subpar- agraph (i) of this paragraph, the sum of (i) the supplemental basic tuition calculated for the two thousand sixteen--two thousand seventeen school year plus (ii) five hundred dollars. PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, THE SUPPLEMENTAL BASIC TUITION SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE PRODUCT OF (I) ONE HALF MULTIPLIED BY (II) THE ADJUSTMENT FACTOR AS DEFINED IN THIS SECTION, FURTHER MULTIPLIED BY (III) THE CHARTER SCHOOL BASIC TUITION FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, BUT SHALL NOT BE LESS THAN ZERO. § 36-a. The closing paragraph of paragraph (a) of subdivision 1 of section 2856 of the education law, as amended by section 4-a of part YYY of chapter 59 of the laws of 2017, is amended to read as follows: (A-1) For the purposes of this subdivision, the "supplemental basic tuition" shall be (A) for a school district for which the charter school basic tuition computed for the current year is greater than or equal to the charter school basic tuition for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph, (1) for the two thousand fourteen--two thousand fifteen school year two hundred and fifty dollars, and (2) for the two thousand fifteen--two thousand sixteen school year three hundred and fifty dollars, and (3) for the two thousand sixteen--two thousand seventeen school year five hundred dollars, and (4) for the two thousand seven- teen--two thousand eighteen school year and thereafter, the sum of (i) the supplemental basic tuition calculated for the two thousand sixteen- -two thousand seventeen school year plus (ii) five hundred dollars, and (B) for school years prior to the two thousand seventeen--two thousand eighteen school year, for a school district for which the charter school basic tuition for the two thousand ten--two thousand eleven school year is greater than the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph, the positive difference of the charter school basic tuition for the two thousand ten--two thousand eleven school year minus the charter school basic tuition for the current year pursuant to the provisions of subpar- agraph (i) of this paragraph and (C) for school years following the two thousand sixteen--two thousand seventeen school years, for a school district for which the charter school basic tuition for the two thousand ten--two thousand eleven school year is greater than the charter school basic tuition for the current year pursuant to the provisions of subpar- agraph (i) of this paragraph, the sum of (i) the supplemental basic tuition calculated for the two thousand sixteen--two thousand seventeen school year plus (ii) five hundred dollars. PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, THE SUPPLEMENTAL BASIC S. 2506--A 30 A. 3006--A TUITION SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE PRODUCT OF (I) ONE HALF MULTIPLIED BY (II) THE ADJUSTMENT FACTOR AS DEFINED IN THIS SECTION, FURTHER MULTIPLIED BY (III) THE CHARTER SCHOOL BASIC TUITION FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, BUT SHALL NOT BE LESS THAN ZERO. § 36-b. Subdivision 9 of section 2852 of the education law, as amended by section 2 of subpart A of part B of chapter 20 of the laws of 2015, is amended to read as follows: 9. The total number of charters issued pursuant to this article state- wide shall not exceed four hundred sixty. (a) All charters issued on or after July first, two thousand fifteen and counted toward the numerical limits established by this subdivision shall be issued by the board of regents upon application directly to the board of regents or on the recommendation of the board of trustees of the state university of New York pursuant to a competitive process in accordance with subdivision nine-a of this section. Fifty of such charters issued on or after July first, two thousand fifteen, and no more, shall be granted to a charter for a school to be located in a city having a population of one million or more. The failure of any body to issue the regulations authorized pursuant to this article shall not affect the authority of a charter entity to propose a charter to the board of regents or the board of regents' authority to grant such charter. A conversion of an existing public school to a charter school, or the renewal or extension of a charter approved by any charter entity, OR THE REISSUANCE OF A SURREN- DERED, REVOKED OR TERMINATED CHARTER PURSUANT TO PARAGRAPH (B) OR (B-1) OF THIS SUBDIVISION shall not be counted toward the numerical limits established by this subdivision. (b) A charter that has been surrendered, revoked or terminated on or before July first, two thousand fifteen, including a charter that has not been renewed by action of its charter entity, may be reissued pursu- ant to paragraph (a) of this subdivision by the board of regents either upon application directly to the board of regents or on the recommenda- tion of the board of trustees of the state university of New York pursu- ant to a competitive process in accordance with subdivision nine-a of this section. Provided that such reissuance shall not be counted toward the statewide numerical limit established by this subdivision, and provided further that no more than twenty-two charters may be reissued pursuant to this paragraph. (B-1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A CHARTER THAT HAS BEEN SURRENDERED, REVOKED OR TERMINATED AFTER JULY FIRST, TWO THOUSAND FIFTEEN, INCLUDING A CHARTER THAT HAS NOT BEEN RENEWED BY ACTION OF ITS CHARTER ENTITY, MAY BE REISSUED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION BY THE BOARD OF REGENTS EITHER UPON APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT TO A COMPET- ITIVE PROCESS IN ACCORDANCE WITH SUBDIVISION NINE-A OF THIS SECTION. PROVIDED THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD THE NUMERICAL LIMITS ESTABLISHED BY THIS SUBDIVISION. (c) For purposes of determining the total number of charters issued within the numerical limits established by this subdivision, the approval date of the charter entity shall be the determining factor. (d) Notwithstanding any provision of this article to the contrary, any charter authorized to be issued by chapter fifty-seven of the laws of two thousand seven effective July first, two thousand seven, and that remains unissued as of July first, two thousand fifteen, may be issued pursuant to the provisions of law applicable to a charter authorized to S. 2506--A 31 A. 3006--A be issued by such chapter in effect as of June fifteenth, two thousand fifteen; provided however that nothing in this paragraph shall be construed to increase the numerical limit applicable to a city having a population of one million or more as provided in paragraph (a) of this subdivision, as amended by [a] SUBPART A OF PART B OF chapter TWENTY of the laws of two thousand fifteen [which added this paragraph]. § 37. Paragraph a of subdivision 6-g of section 3602 of the education law, as amended by section 11-a of part A of chapter 54 of the laws of 2016, is amended to read as follows: a. The city school district of the city of New York, upon documenting that it has incurred total aggregate expenses of forty million dollars or more pursuant to subparagraph five of paragraph (e) of subdivision three of section twenty-eight hundred fifty-three of this chapter, shall be eligible for an apportionment THROUGH THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, pursuant to this subdivision for its annual approved expenditures INCURRED THROUGH THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR, for the lease of space for charter schools incurred in the base year in accordance with paragraph (e) of subdivision three of section twenty-eight hundred fifty-three of this chapter. § 38. Section 3 of chapter 507 of the laws of 1974, relating to providing for the apportionment of state monies to certain nonpublic schools, to reimburse them for their expenses in complying with certain state requirements for the administration of state testing and evaluation programs and for participation in state programs for the reporting of basic educational data, as amended by chapter 347 of the laws of 2018, is amended to read as follows: § 3. Apportionment. a. The commissioner shall annually apportion to each qualifying school, for school years beginning on and after July first, nineteen hundred seventy-four, an amount equal to the actual cost incurred by each such school during the preceding school year for providing services required by law to be rendered to the state in compliance with the requirements of the state's pupil evaluation program, the basic educational data system, regents examinations, the statewide evaluation plan, the uniform procedure for pupil attendance reporting, the state's immunization program and other similar state prepared examinations and reporting procedures. PROVIDED THAT EACH NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR TO REIMBURSE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR EXPENSES SHALL SUBMIT A CLAIM FOR SUCH AID TO THE STATE EDUCATION DEPARTMENT NO LATER THAN MAY FIFTEENTH, TWO THOU- SAND TWENTY-ONE AND SUCH CLAIMS SHALL BE PAID BY THE STATE EDUCATION DEPARTMENT NO LATER THAN JUNE THIRTIETH, TWO THOUSAND TWENTY-ONE. PROVIDED FURTHER THAT EACH NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER SHALL SUBMIT A CLAIM FOR SUCH AID TO THE STATE EDUCATION DEPARTMENT NO LATER THAN APRIL FIRST OF THE SCHOOL YEAR IN WHICH AID IS PAYABLE AND SUCH CLAIMS SHALL BE PAID BY THE STATE EDUCATION DEPARTMENT NO LATER THAN MAY THIRTY-FIRST OF SUCH SCHOOL YEAR. PROVIDED, HOWEVER, THAT THE STATE'S LIABILITY UNDER THIS SECTION SHALL BE LIMITED TO THE ANNUAL AMOUNT APPROPRIATED FOR SUCH PURPOSE. IN THE EVENT THAT TOTAL CLAIMS SUBMITTED EXCEED THE APPROPRIATION AVAILABLE FOR SUCH AID, EACH CLAIMANT SHALL ONLY BE REIMBURSED AN AMOUNT EQUAL TO THE PERCENTAGE THAT EACH SUCH CLAIMANT REPRESENTS TO THE TOTAL OF ALL CLAIMS SUBMITTED. b. Such nonpublic schools shall be eligible to receive aid based on the number of days or portion of days attendance is taken and either a S. 2506--A 32 A. 3006--A 5.0/5.5 hour standard instructional day, or another work day as certi- fied by the nonpublic school officials, in accordance with the methodol- ogy for computing salary and benefits applied by the department in paying aid for the two thousand twelve--two thousand thirteen and prior school years. c. The commissioner shall annually apportion to each qualifying school in the cities of New York, Buffalo and Rochester, for school years beginning on or after July first two thousand sixteen, an amount equal to the actual cost incurred by each such school during the preceding school year in meeting the recording and reporting requirements of the state school immunization program, provided that the state's liability shall be limited to the amount appropriated for this purpose. § 39. 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 30 of part A of chapter 56 of the laws of 2020, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section for the reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, reimbursement for the 2019--2020 school year shall not exceed 57.7 percent of the lesser of such approvable costs per contact hour or fifteen dollars sixty cents per contact hour, [and] reimbursement for the 2020--2021 school year shall not exceed 56.9 percent of the lesser of such approvable costs per contact hour or sixteen dollars and twen- ty-five cents per contact hour, AND REIMBURSEMENT FOR THE 2021--2022 SCHOOL YEAR SHALL NOT EXCEED 56.0 PERCENT OF THE LESSER OF SUCH APPROVA- BLE COSTS PER CONTACT HOUR OR SIXTEEN DOLLARS AND THIRTY-FIVE CENTS PER CONTACT HOUR, and 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 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school year such contact hours shall not exceed one million four hundred forty-four thousand four hundred forty-four (1,444,444); [and] for the 2020--2021 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); AND FOR THE 2021--2022 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION TWO HUNDRED FIFTY-SIX THOUSAND EIGHT HUNDRED THIRTY (1,256,830). Notwithstanding any other provision of law to the contrary, the appor- tionment calculated for the city school district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligi- ble for aid in accordance with the provisions of such subdivision 11 of section 3602 of the education law. § 40. 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 z to read as follows: Z. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2021--2022 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 S. 2506--A 33 A. 3006--A COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,500,000). § 41. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 32 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2021] 2022. § 42. 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 section 34 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 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, [2021] 2022 when upon such date the provisions of this act shall be deemed repealed. § 43. 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 section 35 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 4. This act shall take effect July 1, 2002 and section one of this act shall expire and be deemed repealed June 30, 2019, and sections two and three of this act shall expire and be deemed repealed on June 30, [2021] 2022. § 44. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to the implementation of the No Child Left Behind Act of 2001, as amended by section 36 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 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, [2021] 2022. § 45. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2021--2022 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational 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. § 46. 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 2022 and not later than the last day of the third full business week of June 2022, a school district eligible for an apportion- ment 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, 2022, for salary expenses incurred between April 1 and June 30, 2021 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 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 S. 2506--A 34 A. 3006--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 educa- tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- nation adjustment for 2011--2012 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. 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. § 47. 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, 2022, 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, 2022 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case S. 2506--A 35 A. 3006--A of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery 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. § 48. 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 2021--2022 school year, as a non-component school district, services required by article 19 of the education law. § 49. The amounts specified in this section shall be a set-aside from the state funds which each such district is receiving from the total foundation aid: a. for the development, maintenance or expansion of magnet schools or magnet school programs for the 2021--2022 school year. For the city school district of the city of New York there shall be a setaside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, S. 2506--A 36 A. 3006--A forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). b. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such setaside 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 associ- ated with implementation of an alternative approach to promote diversity and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substan- tial concentrations of minority students. c. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this paragraph, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance improvement and dropout prevention for the 2021--2022 school year, and 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 2021--2022 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 section to communi- ty-based organizations. Any increase required pursuant to this section 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 2021--2022 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school S. 2506--A 37 A. 3006--A district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion 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 distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate 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. § 50. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2021 enacting the aid to localities budget shall be apportioned for the 2021--2022 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 2021--2022 by a chapter of the laws of 2021 enacting the education, labor and fami- ly assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of educa- tion 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. § 51. 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. § 52. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2021, provided, however, that: 1. Sections one, twenty-three, twenty-six, forty-one, forty-three, forty-four, forty-five, forty-eight and forty-nine of this act shall take effect July 1, 2021; 2. Sections twenty-nine and thirty-one of this act shall take effect July 1, 2022; S. 2506--A 38 A. 3006--A 3. Section thirty-three of this act shall take effect September 1, 2024; 4. The amendments to paragraph (a) of subdivision 1 of section 2856 of the education law made by section thirty-four of this act shall be subject to the expiration 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 thirty-five of this act shall take effect; and 5. The amendments to paragraph (a-1) of subdivision 1 of section 2856 of the education law made by section thirty-six of this act shall be subject to the expiration 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 thirty-six-a of this act shall take effect. 6. The amendments to chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by a consortium for worker education in New York City made by sections thirty-nine and forty of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. PART B Section 1. Section 1503 of the business corporation law is amended by adding a new paragraph (h) to read as follows: (H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFES- SIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPORATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION. § 2. Section 1507 of the business corporation law is amended by adding a new paragraph (c) to read as follows: S. 2506--A 39 A. 3006--A (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE THE PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES- SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS. NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN VIOLATION OF THIS SECTION SHALL BE VOID. § 3. Section 1508 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI- NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI- CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI- CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN ANY STATE THE PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF THEIR PROFESSIONS IN SUCH CORPORATION. § 4. Section 1509 of the business corporation law, as amended by chap- ter 550 of the laws of 2011, is amended to read as follows: § 1509. Disqualification of shareholders, directors, officers and employees. If any shareholder, director, officer or employee of a professional service corporation, including a design professional service corpo- ration, who has been rendering professional service to the public becomes legally disqualified to practice his OR HER profession within this state, he OR SHE shall sever all employment with, and financial interests (other than interests as a creditor) in, such corporation forthwith or as otherwise provided in section 1510 of this article. All provisions of law regulating the rendering of professional services by a person elected or appointed to a public office shall be applicable to a shareholder, director, officer and employee of such corporation in the same manner and to the same extent as if fully set forth herein. Such legal disqualification to practice his OR HER profession within this state shall be deemed to constitute an irrevocable offer by the disqual- S. 2506--A 40 A. 3006--A ified shareholder to sell his OR HER shares to the corporation, pursuant to the provisions of section 1510 of this article or of the certificate of incorporation, by-laws or agreement among the corporation and all shareholders, whichever is applicable. Compliance with the terms of such offer shall be specifically enforceable in the courts of this state. A professional service corporation's failure to enforce compliance with this provision shall constitute a ground for forfeiture of its certif- icate of incorporation and its dissolution. § 5. Paragraph (a) of section 1511 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended and a new para- graph (c) is added to read as follows: (a) No shareholder of a professional service corporation [or], INCLUD- ING a design professional service corporation, may sell or transfer his OR HER shares in such corporation except to another individual who is eligible to have shares issued to him OR HER by such corporation or except in trust to another individual who would be eligible to receive shares if he OR SHE were employed by the corporation. Nothing herein contained shall be construed to prohibit the transfer of shares by oper- ation of law or by court decree. No transferee of shares by operation of law or court decree may vote the shares for any purpose whatsoever except with respect to corporate action under sections 909 and 1001 of this chapter. The restriction in the preceding sentence shall not apply, however, where such transferee would be eligible to have shares issued to him OR HER if he OR SHE were an employee of the corporation and, if there are other shareholders, a majority of such other shareholders shall fail to redeem the shares so transferred, pursuant to section 1510 of this article, within sixty days of receiving written notice of such transfer. Any sale or transfer, except by operation of law or court decree or except for a corporation having only one shareholder, may be made only after the same shall have been approved by the board of direc- tors, or at a shareholders' meeting specially called for such purpose by such proportion, not less than a majority, of the outstanding shares as may be provided in the certificate of incorporation or in the by-laws of such professional service corporation. At such shareholders' meeting the shares held by the shareholder proposing to sell or transfer his OR HER shares may not be voted or counted for any purpose, unless all share- holders consent that such shares be voted or counted. The certificate of incorporation or the by-laws of the professional service corporation, or the professional service corporation and the shareholders by private agreement, may provide, in lieu of or in addition to the foregoing provisions, for the alienation of shares and may require the redemption or purchase of such shares by such corporation at prices and in a manner specifically set forth therein. The existence of the restrictions on the sale or transfer of shares, as contained in this article and, if appli- cable, in the certificate of incorporation, by-laws, stock purchase or stock redemption agreement, shall be noted conspicuously on the face or back of every certificate for shares issued by a professional service corporation. Any sale or transfer in violation of such restrictions shall be void. (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION S. 2506--A 41 A. 3006--A FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE- HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO THIS ARTICLE. § 6. Section 1514 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY, FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES OVER THE ENTIRE THREE YEAR PERIOD THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC ACCOUNTANTS. THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY ASSISTANT SECRETARY OF THE CORPORATION. § 7. Paragraph (d) of section 1525 of the business corporation law, as added by chapter 505 of the laws of 1983, is amended to read as follows: (d) "Foreign professional service corporation" means a professional service corporation, whether or not denominated as such, organized under the laws of a jurisdiction other than this state, all of the sharehold- ers, directors and officers of which are authorized and licensed to practice the profession for which such corporation is licensed to do business; except that all shareholders, directors and officers of a foreign professional service corporation which provides health services in this state shall be licensed in this state. A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, OR EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE S. 2506--A 42 A. 3006--A OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTER- EST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI- NESS OR MANAGEMENT OF THE FIRM. § 8. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clinical social work in this state. Each part- ner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. Each partner of a regis- tered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursu- ant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a registered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN- TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF S. 2506--A 43 A. 3006--A A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 9. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a foreign limited liability partnership which provides professional engi- neering, land surveying, geological services, architectural and/or land- scape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a S. 2506--A 44 A. 3006--A foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liability partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analy- sis in this state. A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMIT- ED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY- TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 10. Subdivision (h) of section 121-101 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (h) "Limited partnership" and "domestic limited partnership" mean, unless the context otherwise requires, a partnership (i) formed by two or more persons pursuant to this article or which complies with subdivi- sion (a) of section 121-1202 of this article and (ii) having one or more general partners and one or more limited partners. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE S. 2506--A 45 A. 3006--A FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICEN- SEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTIC- IPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSI- NESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI- NESS OR MANAGEMENT OF THE FIRM. § 11. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural, landscape architectural and/or geological services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the educa- tion law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a profes- sional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed S. 2506--A 46 A. 3006--A pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liabil- ity company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE LIMIT- ED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY- TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 12. Subdivision (a) of section 1301 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date S. 2506--A 47 A. 3006--A such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, geologic, architectural and/or land- scape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company S. 2506--A 48 A. 3006--A must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC- TICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINAN- CIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTER- EST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPI- TAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTI- TY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES- SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI- NESS OR MANAGEMENT OF THE FIRM. § 13. Notwithstanding any other provision of law to the contrary, there is hereby established a fee for each non-licensee owner of a firm that is incorporating as a professional service corporation formed to lawfully engage in the practice of public accountancy. Such non-licensee owner shall pay a fee of three hundred dollars to the department of education on an annual basis. § 14. This act shall take effect immediately. PART C S. 2506--A 49 A. 3006--A Section 1. The education law is amended by adding a new section 210-d to read as follows: § 210-D. REGISTRATION OF CURRICULA. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, ANY NEW CURRICULUM OR PROGRAM OF STUDY OFFERED BY ANY NOT-FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT DOES NOT REQUIRE A MASTER PLAN AMENDMENT PURSUANT TO SECTION TWO HUNDRED THIRTY- SEVEN OF THIS PART, OR CHARTER AMENDMENT PURSUANT TO SECTION TWO HUNDRED SIXTEEN OF THIS PART, OR LEAD TO PROFESSIONAL LICENSURE; AND THAT IS APPROVED BY THE STATE UNIVERSITY BOARD OF TRUSTEES, THE CITY UNIVERSITY BOARD OF TRUSTEES, OR THE TRUSTEES OR GOVERNING BODY OF ANY OTHER NOT- FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS WHICH (1) HAS MAINTAINED A PHYSICAL PRESENCE IN NEW YORK STATE FOR THE IMMEDIATELY PRECEDING TEN YEARS AND HAS BEEN OPERATED CONTINUOUSLY BY THE SAME GOVERNING BODY DURING THE SAME IMMEDIATELY PRECEDING TEN YEAR PERIOD AND (2) IS ACCREDITED AND HAS CONTINUED IN ACCREDITATION BY THE MIDDLE STATES COMMISSION ON HIGHER EDUCATION ("MSCHE") OR THE DEPARTMENT FOR THE IMMEDIATELY PRECEDING TEN YEARS, SHALL BE DEEMED REGISTERED WITH THE DEPARTMENT THIRTY DAYS AFTER NOTIFICATION OF APPROVAL BY SUCH COLLEGE OR UNIVERSITY'S GOVERNING BODY. IF THE COLLEGE OR UNIVERSITY IS PLACED ON PROBATION OR HAS ITS ACCREDITATION TERMINATED BY MSCHE, SUCH COLLEGE OR UNIVERSITY SHALL NOTIFY THE REGENTS IN WRITING NO LATER THAN THIRTY DAYS AFTER RECEIVING NOTICE OF ITS PROBATIONARY STATUS OR LOSS OF ACCREDI- TATION BY THE MSCHE. ANY COLLEGE OR UNIVERSITY WHICH HAS ITS ACCREDI- TATION PLACED ON PROBATION OR TERMINATED BY THE MSCHE OR THE EDUCATION DEPARTMENT SHALL BE SUBJECT TO THE COMMISSIONER'S PROGRAM APPROVAL UNTIL IT HAS BEEN REMOVED FROM PROBATION OR REGAINED ACCREDITATION BY MSCHE OR THE EDUCATION DEPARTMENT, AND SHALL FURTHER REMAIN SUBJECT TO SUCH COMMISSIONER'S PROGRAM APPROVAL UNTIL IT HAS CONTINUED WITHOUT PROBATION FOR A PERIOD OF NOT LESS THAN SIX YEARS. IF A COLLEGE OR UNIVERSITY SUBJECT TO THIS SECTION INTENDS TO OFFER OR INSTITUTE AN ADDITIONAL DEGREE OR PROGRAM WHICH CONSTITUTES A "SUBSTANTIVE CHANGE," AS DEFINED AND DETERMINED BY MSCHE, THEN THE COLLEGE OR UNIVERSITY SHALL PROVIDE THE COMMISSIONER WITH COPIES OF ANY REPORTS OR OTHER DOCUMENTS FILED WITH MSCHE AS PART OF MSCHE'S SUBSTANTIVE CHANGE REVIEW PROCESS AND SHALL INFORM THE COMMISSIONER WHEN THE SUBSTANTIVE CHANGE IS APPROVED. ANY SUCH COLLEGE OR UNIVERSITY THAT DOES NOT SATISFY ALL OF THE PROVISIONS OF THIS PARAGRAPH SHALL COMPLY WITH THE PROCEDURES AND CRITE- RIA ESTABLISHED BY THE REGENTS AND COMMISSIONER FOR ACADEMIC PROGRAM APPROVAL. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE DEPART- MENT'S EXISTING AUTHORITY TO INVESTIGATE A COMPLAINT CONCERNING THE INSTITUTION, OR ANY PROGRAM OFFERED, INCLUDING THE AUTHORITY TO DEREGIS- TER THE PROGRAM. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. PART D Section 1. Section 4 of subpart A of part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, as amended by section 1 of part Q of chapter 54 of the laws of 2016, is amended to read as follows: § 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2021] 2026. S. 2506--A 50 A. 3006--A § 2. Section 4 of subpart B of part D of chapter 58 of the laws of 2011 amending the education law relating to procurement in support of the state and city universities, as amended by section 2 of part Q of chapter 54 of the laws of 2016, is amended to read as follows: § 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2021] 2026. § 3. Section 3 of subpart C of part D of chapter 58 of the laws of 2011 amending the education law relating to state university health care facilities, as amended by section 3 of part Q of chapter 54 of the laws of 2016, is amended to read as follows: § 3. This act shall take effect immediately, and shall expire and be deemed repealed June 30, [2021] 2026. § 4. Subdivision 5 of section 355 of the education law is amended by adding a new paragraph f to read as follows: F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AUTHORIZE CONTRACTS FOR THE PURCHASE OF SERVICES OR TECHNOLOGY FROM A CONSORTIUM AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, EXCEPT THAT SUCH DEFINITION AS APPLIED TO THE BOARD SHALL INCLUDE THE PURCHASE OF SERVICES AND TECHNOLOGY. § 5. This act shall take effect immediately; provided, however, that the amendments to subdivision 5 of section 355 of the education law made by section four of this act shall not affect the expiration of such subdivision and shall expire therewith. PART E Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by section 1 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: (4) The trustees shall not impose a differential tuition charge based upon need or income. Except as hereinafter provided, all students enrolled in programs leading to like degrees at state-operated insti- tutions of the state university shall be charged a uniform rate of tuition except for differential tuition rates based on state residency, AND FLEXIBLE TUITION RATE CATEGORIES TO INCREASE RESEARCH CAPACITY FOR THE FOUR UNIVERSITY CENTERS (ALBANY, BINGHAMTON, BUFFALO (UNIVERSITY), AND STONY BROOK) AND THE FIVE OTHER DOCTORAL DEGREE GRANTING INSTI- TUTIONS (DOWNSTATE MEDICAL CENTER, UPSTATE MEDICAL CENTER, THE COLLEGE OF OPTOMETRY, THE COLLEGE OF ENVIRONMENTAL SCIENCE AND FORESTRY, AND THE COLLEGE OF TECHNOLOGY AT UTICA/ROME/STATE UNIVERSITY POLYTECHNIC INSTI- TUTE); PROVIDED, HOWEVER, THAT A PORTION OF REVENUE GENERATED BY SUCH FLEXIBLE TUITION RATE CATEGORIES SHALL BE USED TO ENSURE THAT NO STUDENT IS UNABLE TO ATTEND AN INSTITUTION OF CHOICE BASED ON INCOME. ANY FLEX- IBLE TUITION RATE CATEGORIES MUST BE RECOMMENDED BY THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK AND APPROVED BY THE TRUSTEES; PROVIDED, HOWEVER, THAT SUCH FLEXIBLE TUITION RATES BASED ON SECTOR SHALL NOT VARY BY MORE THAN 1.5 TIMES FROM THE MINIMUM RATE WITHIN EACH TYPE OF TUITION RATE. Provided, however, that the trustees may authorize the presidents of the colleges of technology and the colleges of agriculture and tech- nology to set differing rates of tuition for each of the colleges for students enrolled in degree-granting programs leading to an associate degree and non-degree granting programs so long as such tuition rate does not exceed the tuition rate charged to students who are enrolled in like degree programs or degree-granting undergraduate programs leading to a baccalaureate degree at other state-operated institutions of the state university of New York. Notwithstanding any other provision of S. 2506--A 51 A. 3006--A this subparagraph, the trustees may authorize the setting of [a] sepa- rate [category] CATEGORIES of tuition [rate] RATES AS FOLLOWS; "DISTANCE LEARNING RATE", that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state, AND "HIGH DEMAND CERTIFICATE PROGRAM RATE", THAT SHALL BE SET AT A LEVEL DEEMED APPROPRIATE UPON RECOMMENDATION OF THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK AND APPROVED BY THE BOARD OF TRUS- TEES WHICH RATE SHALL BE LOWER THAN STANDARD RATES OF TUITION, FOR IDEN- TIFIED CERTIFICATION PROGRAMS TO BE RECOMMENDED BY THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK. Except as otherwise authorized in this subparagraph, the trustees shall not adopt changes affecting tuition charges prior to the enactment of the annual budget, provided however that: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year the state university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand sixteen--two thousand seventeen academic year if the annual resident undergraduate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this title, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corre- sponding semester, quarter or term. (ii) Commencing with the two thousand seventeen--two thousand eighteen academic year and ending in the two thousand twenty--two thousand twen- ty-one academic year the state university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than two hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided, however that if the annual resident undergradu- ate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this title, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. Provided, further that the revenue resulting from an increase in the rate of tuition shall be allocated to each campus pursuant to a plan approved by the board of trustees to support investments in new classroom faculty, instruction, initiatives to improve student success and on-time completion and a tuition credit for each eligible student. (iii) COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN- TY-TWO ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE ACADEMIC YEAR, UPON RECOMMENDATION OF THE CHANCEL- S. 2506--A 52 A. 3006--A LOR OF THE STATE UNIVERSITY OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO APPROVE AN INCREASE OF THE RESIDENT UNDERGRADUATE RATE OF TUITION BY NO MORE THAN TWO HUNDRED DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR ACADEMIC YEAR, PROVIDED, HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMES- TER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM. PROVIDED FURTHER THAT THE REVENUE RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN NEW CLASS- ROOM FACULTY, INSTRUCTION, INITIATIVES TO IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT. (IV) On or before November thirtieth, two thousand [seventeen] TWEN- TY-ONE, the trustees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the four year period commencing with the two thousand [seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen- ty-one] TWENTY-FIVE academic year, and shall submit any proposed amend- ments to such plan by November thirtieth of each subsequent year there- after through November thirtieth, two thousand [twenty] TWENTY-FOUR, and provided further, that with the approval of the board of trustees, each university center may increase non-resident undergraduate tuition rates each year by not more than ten percent over the tuition rates of the prior academic year for a six year period commencing with the two thou- sand eleven--two thousand twelve academic year and ending in the two thousand sixteen--two thousand seventeen academic year. [(iv)] (V) Beginning in state fiscal year two thousand twelve-two thousand thirteen and ending in state fiscal year two thousand fifteen- -two thousand sixteen, the state shall appropriate and make available general fund operating support, including fringe benefits, for the state university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses at the state university and city univer- sity may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply. [(v)] (VI) Beginning in state fiscal year two thousand seventeen--two thousand eighteen and ending in state fiscal year two thousand twenty-- two thousand twenty-one, the state shall appropriate and make available general fund operating support, including fringe benefits, for the state university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses at the state university and city univer- S. 2506--A 53 A. 3006--A sity may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply; provided further, the state shall appropriate and make available general fund support to fully fund the tuition credit pursuant to subdivision two of section six hundred sixty-nine-h of this title. (VII) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN- TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR THE STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE. [(vi)] (VIII) For the state university fiscal years commencing two thousand eleven--two thousand twelve and ending two thousand fifteen-- two thousand sixteen, each university center may set aside a portion of its tuition revenues derived from tuition increases to provide increased financial aid for New York state resident undergraduate students whose net taxable income is eighty thousand dollars or more subject to the approval of a NY-SUNY 2020 proposal by the governor and the chancellor of the state university of New York. Nothing in this paragraph shall be construed as to authorize that students whose net taxable income is eighty thousand dollars or more are eligible for tuition assistance program awards pursuant to section six hundred sixty-seven of this [chapter] TITLE. § 2. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by section 2 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: (a) The board of trustees shall establish positions, departments, divisions and faculties; appoint and in accordance with the provisions of law fix salaries of instructional and non-instructional employees therein; establish and conduct courses and curricula; prescribe condi- tions of student admission, attendance and discharge; and shall have the power to determine in its discretion whether tuition shall be charged and to regulate tuition charges, and other instructional and non-in- structional fees and other fees and charges at the educational units of the city university. The trustees shall review any proposed community college tuition increase and the justification for such increase. The justification provided by the community college for such increase shall include a detailed analysis of ongoing operating costs, capital, debt service expenditures, and all revenues. The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at the senior colleges shall be charged a uniform rate of tuition, except for differential tuition rates based on state residency, AND A FLEXIBLE TUITION RATE CATEGORY TO INCREASE RESEARCH CAPACITY FOR DOCTORAL DEGREE GRANTING AUTHORIZED INSTITUTIONS; PROVIDED, HOWEVER, THAT A PORTION OF REVENUE GENERATED BY SUCH FLEXIBLE TUITION RATE CATEGORY SHALL BE USED TO ENSURE THAT NO STUDENT IS UNABLE TO ATTEND AN INSTITUTION OF CHOICE BASED ON INCOME. SUCH FLEXIBLE TUITION RATE CATEGORY MUST BE RECOMMENDED BY THE S. 2506--A 54 A. 3006--A CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK AND APPROVED BY THE TRUS- TEES; PROVIDED, HOWEVER, THAT SUCH FLEXIBLE TUITION RATE SHALL NOT VARY BY MORE THAN 1.5 TIMES FROM THE MINIMUM RATE WITHIN EACH TYPE OF TUITION RATE. Notwithstanding any other provision of this paragraph, the trus- tees may authorize the setting of [a] separate [category] CATEGORIES of tuition [rate] RATES AS FOLLOWS; "DISTANCE LEARNING RATE", that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state, AND "HIGH DEMAND CERTIFICATE PROGRAM RATE", THAT SHALL BE SET AT A LEVEL DEEMED APPROPRIATE UPON RECOMMENDATION OF THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK AND APPROVED BY THE BOARD OF TRUSTEES WHICH RATE SHALL BE LOWER THAN STANDARD RATES OF TUITION, FOR IDENTIFIED CERTIFICATION PROGRAMS TO BE RECOMMENDED BY THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK; provided, however, that: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year, the city university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that commencing with the two thousand eleven--two thousand twelve academic year and ending with the two thou- sand sixteen--two thousand seventeen academic year if the annual resi- dent undergraduate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this chapter, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. (ii) Commencing with the two thousand seventeen--two thousand eighteen academic year and ending in the two thousand twenty--two thousand twen- ty-one academic year the city university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than two hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that if the annual resident undergradu- ate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this [title] CHAPTER, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. Provided, further that the revenue resulting from an increase in the rate of tuition shall be allo- cated to each campus pursuant to a plan approved by the board of trus- tees to support investments in new classroom faculty, instruction, initiatives to improve student success and on-time completion and a tuition credit for each eligible student. (iii) COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN- TY-TWO ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-FOUR--TWO S. 2506--A 55 A. 3006--A THOUSAND TWENTY-FIVE ACADEMIC YEAR, UPON RECOMMENDATION OF THE CHANCEL- LOR OF THE CITY UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO APPROVE AN INCREASE OF THE RESI- DENT UNDERGRADUATE RATE OF TUITION BY NOT MORE THAN TWO HUNDRED DOLLARS OVER THE RESIDENT UNDERGRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR ACADEMIC YEAR; PROVIDED, HOWEVER, THAT IF THE ANNUAL RESIDENT UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPO- RATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS CHAPTER, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM. PROVIDED, FURTHER THAT THE REVENUE RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN NEW CLASSROOM FACULTY, INSTRUCTION, INITIATIVES TO IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT. (IV) On or before November thirtieth, two thousand [seventeen] TWEN- TY-ONE, the trustees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the four year period commencing with the two thousand [seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen- ty-one] TWENTY-FIVE academic year, and shall submit any proposed amend- ments to such plan by November thirtieth of each subsequent year there- after through November thirtieth, two thousand [twenty] TWENTY-FOUR. [(iv)] (V) Beginning in state fiscal year two thousand twelve--two thousand thirteen and ending in state fiscal year two thousand fifteen- -two thousand sixteen, the state shall appropriate and make available state support for operating expenses, including fringe benefits, for the city university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emer- gency to the temporary president of the senate and speaker of the assem- bly, state support for operating expenses of the state university and city university may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply. [(v)] (VI) Beginning in state fiscal year two thousand seventeen--two thousand eighteen and ending in state fiscal year two thousand twenty-- two thousand twenty-one, the state shall appropriate and make available general fund operating support, including fringe benefits, for the city university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses at the state university and city univer- sity may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply; provided further, the state shall appropriate and make available general fund support to fully fund the tuition credit pursuant to subdivision two of section six hundred sixty-nine-h of this chapter. S. 2506--A 56 A. 3006--A (VII) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN- TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS CHAPTER. § 3. Section 16 of chapter 260 of the laws of 2011, amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, as amended by section 5 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: § 16. This act shall take effect July 1, 2011; provided that sections one, two, three, four, five, six, eight, nine, ten, eleven, twelve and thirteen of this act shall expire [10] 14 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided further that sections fourteen and fifteen of this act shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed. § 4. This act shall take effect immediately; provided, however, that the amendments to subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law made by section one of this act and the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law made by section two of this act shall not affect the expi- ration of such paragraph and subparagraph and shall be deemed to expire therewith. PART F Section 1. Notwithstanding any provision of law or regulation to the contrary, for purposes of an award made pursuant to subparts 2 through 4 of part 2 of article 14 of the education law in the 2019--2020 or 2020- -2021 academic years, any semester, quarter or term that a recipient of such an award is unable to complete as a result of the COVID-19 pandemic state disaster emergency declared March 7, 2020, as certified by a college or university and approved by the New York state higher educa- tion services corporation, shall not be considered for purposes of determining the maximum duration of such award for that recipient, and provided further that no such recipient shall suffer a reduction in the original award amount granted pursuant to such subparts in such academic years solely due to inability to complete any semester, quarter or term as a result of the COVID-19 pandemic state disaster emergency declared March 7, 2020, as certified by a college or university and approved by the New York state higher education services corporation. § 2. This act shall take effect immediately. PART G S. 2506--A 57 A. 3006--A Section 1. Subdivision 2 of section 669-h of the education law, as amended by section 1 of part T of chapter 56 of the laws of 2018, is amended to read as follows: 2. Amount. Within amounts appropriated therefor and based on avail- ability of funds, awards shall be granted beginning with the two thou- sand seventeen--two thousand eighteen academic year and thereafter to applicants that the corporation has determined are eligible to receive such awards. The corporation shall grant such awards in an amount up to five thousand five hundred dollars or actual tuition, whichever is less; provided, however, (a) a student who receives educational grants and/or scholarships that cover the student's full cost of attendance shall not be eligible for an award under this program; and (b) an award under this program shall be applied to tuition after the application of payments received under the tuition assistance program pursuant to section six hundred sixty-seven of this subpart, tuition credits pursuant to section six hundred eighty-nine-a of this article, federal Pell grant pursuant to section one thousand seventy of title twenty of the United States code, et seq., and any other program that covers the cost of attendance unless exclusively for non-tuition expenses, and the award under this program shall be reduced in the amount equal to such payments, provided that the combined benefits do not exceed five thousand five hundred dollars. Upon notification of an award under this program, the institu- tion shall defer the amount of tuition. Notwithstanding paragraph h of subdivision two of section three hundred fifty-five and paragraph (a) of subdivision seven of section six thousand two hundred six of this chap- ter, and any other law, rule or regulation to the contrary, the under- graduate tuition charged by the institution to recipients of an award shall not exceed the tuition rate established by the institution for the two thousand sixteen--two thousand seventeen academic year provided, however, that in the two thousand [twenty-one] TWENTY-THREE--two thou- sand [twenty-two] TWENTY-FOUR academic year and every [four years] YEAR thereafter, the undergraduate tuition charged by the institution to recipients of an award shall be reset to equal the tuition rate estab- lished by the institution for the forthcoming academic year, provided further that the tuition credit calculated pursuant to section six hundred eighty-nine-a of this article shall be applied toward the tuition rate charged for recipients of an award under this program. Provided further that the state university of New York and the city university of New York shall provide an additional tuition credit to students receiving an award to cover the remaining cost of tuition. § 2. This act shall take effect immediately. PART H Section 1. Subdivision 1 of section 504 of the executive law, as added by chapter 465 of the laws of 1992, is amended to read as follows: 1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall operate and maintain secure, AND limited secure [and non-secure facilities] AND MAY IN ITS SOLE DISCRETION OPERATE A NON-SECURE FACILITY, for the care, custody, treatment, housing, education, rehabilitation and guidance of youth placed with or committed to the [division] OFFICE OF CHILDREN AND FAMILY SERVICES. § 2. Subdivision 5 of section 507-a of the executive law is REPEALED. § 3. (a) Notwithstanding the time period required for notice pursuant to subdivision 15 of section 501 of the executive law, the office of children and family services is authorized to close the Brentwood Resi- S. 2506--A 58 A. 3006--A dential Center, Red Hook Residential Center, Columbia Girls Secure Center and Goshen Secure Center. At least six months prior to taking any such action, the commissioner of such office 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. (b) The commissioner of the office of children and family services shall be authorized to conduct any and all preparatory actions which may be required to effectuate such closures. § 4. This act shall take effect immediately. PART I Section 1. Section 3 of part N of chapter 56 of the laws of 2020 amending the social services law relating to restructuring financing for residential school placements, is amended to read as follows: § 3. This act shall take effect immediately [and shall expire and be deemed repealed April 1, 2021]; provided however that the amendments to subdivision 10 of section 153 of the social services law made by section one of this act, shall not affect the expiration of such subdivision and shall be deemed to expire therewith. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. PART J Section 1. Section 9 of part G of chapter 57 of the laws of 2013, amending the executive law and the social services law relating to consolidating the youth development and delinquency prevention program and the special delinquency prevention program, as amended by section 1 of part I of chapter 56 of the laws of 2018, is amended to read as follows: § 9. This act shall take effect January 1, 2014 [and shall expire and be deemed repealed on December 31, 2021]. § 2. This act shall take effect immediately. PART K Section 1. Section 4 of part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooper- ative educational services to enter into contracts with the commissioner of children and family services to provide certain services, as amended by section 1 of part J of chapter 56 of the laws of 2018, is amended to read as follows: § 4. This act shall take effect July 1, 2012 [and shall expire June 30, 2021 when upon such date the provisions of this act shall be deemed repealed]. § 2. This act shall take effect immediately. PART L Section 1. The opening paragraph of paragraph (g) of subdivision 3 of section 358-a of the social services law is designated subparagraph (i) and new subparagraph (ii) is added to read as follows: (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED S. 2506--A 59 A. 3006--A IN SECTION FOUR HUNDRED NINE-H OF THIS CHAPTER, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 1-a. Section 371 of the social services law is amended by adding a new subdivision 22 to read as follows: 22. "SUPERVISED SETTING" SHALL MEAN A RESIDENTIAL PLACEMENT IN THE COMMUNITY APPROVED AND SUPERVISED BY AN AUTHORIZED AGENCY OR THE LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES TO PROVIDE A TRANSITIONAL EXPERI- ENCE FOR OLDER YOUTH IN WHICH SUCH YOUTH MAY LIVE INDEPENDENTLY. A SUPERVISED SETTING INCLUDES, BUT IS NOT LIMITED TO, PLACEMENT IN A SUPERVISED INDEPENDENT LIVING PROGRAM, AS DEFINED IN SUBDIVISION TWEN- TY-ONE OF THIS SECTION. § 1-b. Paragraph (c) of subdivision 2 of section 383-a of the social services law, as added by section 5 of part M of chapter 54 of the laws of 2016, is amended to read as follows: (c) "Child care facility" shall mean an institution, group residence, group home, agency operated boarding home, or supervised SETTING, INCLUDING A SUPERVISED independent living program. § 2. The social services law is amended by adding a new section 393 to read as follows: § 393. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAPTER, OR WHOSE CUSTODY AND GUARDIANSHIP WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED EIGHTY-FOUR-B OF THIS TITLE. 2. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFER- ENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE; (II) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN; AND (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE S. 2506--A 60 A. 3006--A WITH SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM IF: (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL; (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (3) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUALIFIED INDI- VIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH. (IV) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S BEST INTER- EST WITHIN THIRTY DAYS OF SUCH APPROVAL. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE CHILD WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMP- TION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE; (II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THIS ARTICLE, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD. 3. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE CHILD'S CASE RECORD. 4. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 2-a. Subparagraph 1 of paragraph (g) of subdivision 6 and subdivi- sion 10 of section 398 of the social services law, subparagraph 1 of paragraph (g) of subdivision 6 as amended by chapter 3 of the laws of 2012 and subdivision 10 as amended by chapter 563 of the laws of 1986, are amended to read as follows: S. 2506--A 61 A. 3006--A (1) Place children in its care and custody or its custody and guardi- anship, in suitable instances, in SUPERVISED SETTINGS, family homes, agency boarding homes, group homes or institutions under the proper safeguards. Such placements can be made either directly, or through an authorized agency, except that, direct placements in agency boarding homes or group homes may be made by the social services district only if the office of children and family services has authorized the district to operate such homes in accordance with the provisions of section three hundred seventy-four-b of this [chapter] ARTICLE and only if suitable care is not otherwise available through an authorized agency under the control of persons of the same religious faith as the child. Where such district places a child in [an] A SUPERVISED SETTING, agency boarding home, group home or institution, either directly, or through an author- ized agency, the district shall certify in writing to the office of children and family services, that such placement was made because it offers the most appropriate and least restrictive level of care for the child, and, is more appropriate than a family foster home placement, or, that such placement is necessary because there are no qualified foster families available within the district who can care for the child. If placements in agency boarding homes, group homes or institutions are the result of a lack of foster parents within a particular district, the office of children and family services shall assist such district to recruit and train foster parents. Placements shall be made only in institutions visited, inspected and supervised in accordance with title three of article seven of this chapter and conducted in conformity with the applicable regulations of the supervising state agency in accordance with title three of article seven of this chapter. With the approval of the office of children and family services, a social services district may place a child in its care and custody or its custody and guardian- ship in a federally funded job corps program and may receive reimburse- ment for the approved costs of appropriate program administration and supervision pursuant to a plan developed by the department and approved by the director of the budget. 10. Any provision of this chapter or any other law notwithstanding, where a foster child for whom a social services official has been making foster care payments is in A SUPERVISED SETTING, INCLUDING A FOSTER CHILD IN attendance at a college or university away from his OR HER foster family boarding home, group home, agency boarding home or insti- tution, a social services official may make foster payments, [not to exceed the amount which would have been paid to a foster parent on behalf of said child had the child been cared for in a foster family boarding home] AT A RATE TO BE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, to such college or university, PROVIDER OF ROOM AND BOARD, OR YOUTH, AS APPROPRIATE, in lieu of payment to the foster parents or authorized agency, for the purpose of room and board, if not otherwise provided. § 3. The social services law is amended by adding a new section 409-h to read as follows: § 409-H. ASSESSMENT OF APPROPRIATENESS OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 1. LEGISLATIVE INTENT. IT IS THE INTENT OF THE LEGISLATURE TO PROMOTE POLICIES TO PREVENT FOSTER CARE PLACEMENTS AND KEEP CHILDREN SAFELY AT HOME WITH THEIR FAMILIES AND, WHEN THAT IS NOT POSSIBLE, TO UTILIZE THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE IN THE LEAST RESTRICTIVE ENVIRONMENT TO SUPPORT THE CHILD, AS DETERMINED THROUGH A COMPREHENSIVE ASSESSMENT OF THE CHILD'S PARTICULAR STRENGTHS AND NEEDS. IT IS ALSO THE INTENT OF THE LEGISLATURE TO PRIOR- S. 2506--A 62 A. 3006--A ITIZE HOME-BASED FOSTER CARE SETTINGS WHENEVER POSSIBLE THROUGH IDEN- TIFICATION AND ENGAGEMENT OF KINSHIP RESOURCES AND INCREASED RECRUITMENT AND RETENTION OF FOSTER HOMES FOR CHILDREN WHO DO NOT HAVE APPROPRIATE KINSHIP RESOURCES. 2. (A) NO LATER THAN THIRTY DAYS OF THE START OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM OF A CHILD IN THE CARE AND CUSTODY OR THE CUSTODY AND GUARDIANSHIP OF THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES THAT OCCURS ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, A QUALIFIED INDIVIDUAL SHALL ASSESS THE APPROPRIATENESS OF SUCH PLACE- MENT UTILIZING AN AGE-APPROPRIATE, EVIDENCE-BASED, VALIDATED, FUNCTIONAL ASSESSMENT TOOL APPROVED BY THE FEDERAL GOVERNMENT FOR SUCH PURPOSE. SUCH ASSESSMENT SHALL BE IN ACCORDANCE WITH 42 UNITED STATES CODE SECTIONS 672 AND 675A AND THE STATE'S APPROVED TITLE IV-E STATE PLAN AND SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) AN ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE CHILD; AND (II) A DETERMINATION OF THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE SETTING, INCLUDING WHETHER THE NEEDS OF THE CHILD CAN BE MET WITH FAMILY MEMBERS OR THROUGH PLACEMENT IN A FOSTER FAMILY HOME, OR IN A SETTING SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION, CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN. SUCH ASSESSMENT SHALL BE COMPLETED IN CONJUNCTION WITH THE FAMILY AND PERMANENCY TEAM ESTABLISHED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION. TO THE EXTENT FEDERALLY ALLOWABLE, THE ASSESSMENT MAY OCCUR PRIOR TO THE PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM. (B) THE FAMILY AND PERMANENCY TEAM SHALL CONSIST OF ALL APPROPRIATE BIOLOGICAL FAMILY MEMBERS, RELATIVES, AND FICTIVE KIN OF THE CHILD, AS WELL AS, AS APPROPRIATE, PROFESSIONALS WHO ARE A RESOURCE TO THE FAMILY OF THE CHILD, INCLUDING BUT NOT LIMITED TO, TEACHERS, MEDICAL OR MENTAL HEALTH PROVIDERS WHO HAVE TREATED THE CHILD, OR CLERGY. IN THE CASE OF A CHILD WHO HAS ATTAINED THE AGE OF FOURTEEN, THE FAMILY AND PERMANENCY TEAM SHALL INCLUDE THE MEMBERS OF THE PERMANENCY PLANNING TEAM FOR THE CHILD IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 675 AND THE STATE'S APPROVED TITLE IV-E STATE PLAN. (C) WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE CHILD MAY NOT BE PLACED IN A FOSTER FAMILY HOME, THE QUALIFIED INDIVIDUAL MUST SPECIFY IN WRITING THE REASONS WHY THE NEEDS OF THE CHILD CANNOT BE MET BY THE CHILD'S FAMILY OR IN A FOSTER FAMILY HOME AND WHY SUCH A PLACEMENT IS NOT THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR SUCH CHILD. SUCH DETERMINATION SHALL INCLUDE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACEMENT IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE; (II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THIS ARTICLE, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM OR PARENTING SUPPORTS FOR YOUTH; OR (IV) A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 3. WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE CHILD, TO THE EXTENT PRACTICABLE, S. 2506--A 63 A. 3006--A SHALL REMOVE SUCH CHILD FROM A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WITHIN THIRTY DAYS, AND IF PLACEMENT OF THE CHILD IS TO CONTINUE, PLACE SAID CHILD WITH FAMILY MEMBERS OR IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE OFFICE OF CHILDREN AND FAMILY SERVICES OR SOCIAL SERVICES DISTRICT MAY ALSO PLACE THE CHILD IN A SETTING SPECIFIED IN PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD. 4. AS USED IN THE SECTION, "QUALIFIED RESIDENTIAL TREATMENT PROGRAM" MEANS A PROGRAM THAT IS A NON-FOSTER FAMILY RESIDENTIAL PROGRAM IN ACCORDANCE WITH 42 UNITED STATE CODE SECTION 672 AND THE STATE'S APPROVED TITLE IV-E STATE PLAN. 5. AS USED IN THIS SECTION, "QUALIFIED INDIVIDUAL" SHALL MEAN A TRAINED PROFESSIONAL OR LICENSED CLINICIAN ACTING WITHIN THEIR SCOPE OF PRACTICE WHO SHALL HAVE CURRENT OR PREVIOUS RELEVANT EXPERIENCE IN THE CHILD WELFARE FIELD AND WHO DOES NOT HAVE A DIRECT ROLE IN CASE MANAGE- MENT OR CASE PLANNING DECISION MAKING AUTHORITY FOR THE CHILD FOR WHOM SUCH ASSESSMENT IS BEING CONDUCTED, IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 672 AND THE STATE'S APPROVED TITLE IV-E STATE PLAN. § 4. The family court act is amended by adding a new section 353.7 to read as follows: § 353.7. PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE. 2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW TO THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI- CATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE RESPONDENT, THE S. 2506--A 64 A. 3006--A COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- RY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; AND (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL- IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN- TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALI- FIED RESIDENTIAL TREATMENT PROGRAM IF: (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL; (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (3) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM SERVES THE RESPONDENT'S NEEDS AND BEST INTERESTS OR THE NEED FOR PROTECTION OF THE COMMUNITY DESPITE THE FINDING BY THE QUALIFIED INDI- VIDUAL THAT THE RESPONDENT'S PLACEMENT IN SUCH SETTING IS NOT APPROPRI- ATE; AND (B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH. (IV) IF THE COURT APPROVES THE PLACEMENT OF THE RESPONDENT IN A QUALI- FIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE RESPOND- ENT'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE TO MOVE THE RESPONDENT FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH RESPONDENT FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE RESPONDENT TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF S. 2506--A 65 A. 3006--A IN THE RESPONDENT'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE RESPONDENT IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; (II) IF THE RESPONDENT HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOM- ING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVID- ING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE RESPONDENT. 4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD. 5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH RESPONDENT, INCLUDING BUT NOT LIMITED TO THE RESPOND- ENT'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 5. Section 355.5 of the family court act is amended by adding a new subdivision 10 to read as follows: 10. WHERE THE RESPONDENT REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTO- DY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT: (A) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPOND- ENT, AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; (B) DOCUMENTING THE SPECIFIC TREATMENT AND SERVICE NEEDS THAT WILL BE MET FOR THE RESPONDENT IN THE PLACEMENT AND THE LENGTH OF TIME THE RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND (C) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE RESPONDENT TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME. § 6. Section 756-a of the family court act is amended by adding a new subdivision (h) to read as follows: (H) WHERE THE RESPONDENT REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT: (I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE RESPONDENT CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM S. 2506--A 66 A. 3006--A PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS OF THE RESPONDENT, AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; (II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE MET FOR THE RESPONDENT IN THE PLACEMENT AND THE LENGTH OF TIME THE RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND (III) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE RESPONDENT TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME. § 7. The family court act is amended by adding a new section 756-b to read as follows: § 756-B. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART. 2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO THIS PART, SUCH SOCIAL SERVICES DISTRICT SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALI- FIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART RESIDES IN A QUAL- IFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN- TY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- RY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (I) CONSIDER THE ASSESSMENT, DETERMINATION AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; S. 2506--A 67 A. 3006--A (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; AND (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL- IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN- TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALI- FIED RESIDENTIAL TREATMENT PROGRAM IF: (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL; (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (3) THAT IT WOULD BE CONTRARY TO THE WELFARE OF THE RESPONDENT TO BE PLACED IN A LESS RESTRICTIVE SETTING AND THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL PROGRAM IS IN THE RESPONDENT'S BEST INTEREST DESPITE THE FINDING BY THE QUALIFIED INDIVIDUAL THAT THE RESPONDENT'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH. (IV) IF THE COURT APPROVES THE PLACEMENT OF THE RESPONDENT IN A QUALI- FIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE RESPOND- ENT'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE RESPOND- ENT FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH RESPONDENT FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE RESPONDENT TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE RESPONDENT'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE RESPONDENT IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; (II) IF THE RESPONDENT HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOM- ING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVID- ING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR S. 2506--A 68 A. 3006--A (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE RESPONDENT. 4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD. 5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH RESPONDENT, INCLUDING BUT NOT LIMITED TO THE RESPOND- ENT'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 8. The opening paragraph of subdivision 5 of section 1017 of the family court act is designated paragraph (a) and a new paragraph (b) is added to read as follows: (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 9. The opening paragraph of subdivision (j) of section 1055 of the family court act is designated paragraph (i) and a new paragraph (ii) is added to read as follows: (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (I) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS PART. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- RY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 10. The family court act is amended by adding a new section 1055-c to read as follows: § 1055-C. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN- TY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE. 2. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: S. 2506--A 69 A. 3006--A (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE- MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN- CY PLAN; AND (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICE LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF: (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL; (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUAL- IFIED INDIVIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. (D) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE CHILD WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; (II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHIL- DREN; S. 2506--A 70 A. 3006--A (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD. 4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE CHILD'S CASE RECORD. 5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 11. Clause (C) of subparagraph (ix) of paragraph 5 of subdivision (c) of section 1089 of the family court act, as added by section 27 of part A of chapter 3 of the laws of 2005, is amended, and a new paragraph 6 is added to read as follows: (C) if the child is over age fourteen and has voluntarily withheld his or her consent to an adoption, the facts and circumstances regarding the child's decision to withhold consent and the reasons therefor[.]; AND (6) WHERE THE CHILD REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COMMISSIONER OF THE SOCIAL SERVICES DISTRICT WITH LEGAL CUSTODY OF THE CHILD SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEAR- ING WITH RESPECT TO THE CHILD: (I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE CHILD CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS OF THE CHILD CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN; (II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE MET FOR THE CHILD IN THE PLACEMENT AND THE LENGTH OF TIME THE CHILD IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND (III) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT TO PREPARE THE CHILD TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME. § 12. The opening paragraph of clause (H) of subparagraph (vii) of paragraph 2 of subdivision (d) of section 1089 of the family court act is designated item (I) and a new item (II) is added to read as follows: (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO ITEM (I) OF THIS CLAUSE AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF THE SOCIAL SERVICES LAW OR SECTION ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND NINETY-ONE-A OR ONE THOUSAND NINETY-SEVEN OF THIS CHAPTER. NOTWITHSTAND- ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL OCCUR S. 2506--A 71 A. 3006--A NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 13. The family court act is amended by adding a new section 1091-a to read as follows: § 1091-A. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A FORMER FOSTER CARE YOUTH IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE. 2. (A) WHEN A FORMER FOSTER CARE YOUTH IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE FORMER FOSTER CARE YOUTH INTO A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI- CATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A FORMER FOSTER CARE YOUTH WHOSE LEGAL CUSTODY WAS TRANS- FERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH FORMER FOSTER CARE YOUTH'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARA- GRAPH (A) OF THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVI- SION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A FORMER FOSTER CARE YOUTH REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (B) DETERMINE WHETHER THE NEEDS OF THE FORMER FOSTER CARE YOUTH CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE FORMER FOSTER CARE YOUTH IN THE LEAST RESTRICTIVE ENVIRON- S. 2506--A 72 A. 3006--A MENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE FORMER FOSTER CARE YOUTH, AS SPECIFIED IN THE FORMER FOSTER CARE YOUTH'S PERMANENCY PLAN; AND (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRI- ATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACE- MENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM IF: (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL; (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE FORMER FOSTER CARE YOUTH'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST DESPITE THE FINDING BY THE QUALIFIED INDIVIDUAL THAT THE FORMER FOSTER CARE YOUTH'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. (D) IF THE COURT APPROVES THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE FORMER FOSTER CARE YOUTH WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE TO MOVE THE FORMER FOSTER CARE YOUTH FROM THE QUALIFIED RESI- DENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH FORMER FOSTER CARE YOUTH FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE FORMER FOSTER CARE YOUTH TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN: (A) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; (B) IF THE FORMER FOSTER CARE YOUTH HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (C) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR S. 2506--A 73 A. 3006--A (D) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE FORMER FOSTER CARE YOUTH. 5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE FORMER FOSTER CARE YOUTH'S CASE RECORD. 6. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH FORMER FOSTER CARE YOUTH, INCLUDING BUT NOT LIMITED TO THE FORMER FOSTER CARE YOUTH'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 14. The family court act is amended by adding a new section 1097 to read as follows: § 1097. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE. 2. (A) WHEN A CHILD IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE CHILD INTO A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTOR- NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE DATE THE PLACEMENT CHANGE OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; S. 2506--A 74 A. 3006--A (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE- MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN- CY PLAN; AND (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF: (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL; (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUAL- IFIED INDIVIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. (D) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE CHILD WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD IN: (A) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; (B) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHIL- DREN; (C) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR S. 2506--A 75 A. 3006--A (D) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD. 5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE CHILD'S CASE RECORD. 6. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 15. The office of court administration and the office of children and family services shall work collaboratively to analyze data regarding the placement of children pursuant to proceedings held under section 393 of the social services law or sections 353.7, 756-b, 1055-c, 1091-a, and 1097 of the family court act in order to identify trends and address any disparities between placement orders issued by the courts and the legis- lative intent outlined in subdivision one of section 409-h of the social services law. Such analysis shall include, but not be limited to, a review of the number of times a judge approves the continuation of placement in a qualified residential treatment program where the quali- fied individual determines that the placement of the child in such qual- ified residential treatment program is not appropriate in accordance with section 409-h of the social services law and the specified reasons for the determinations as required by: clause (B) of subparagraph (iii) of paragraph (a) of subdivision 2 of section 393 of the social services law; or the following provisions of the family court act: clause (B) of subparagraph (iii) of paragraph (a) of subdivision 3 of section 353.7; clause (B) of subparagraph (iii) of paragraph (a) of subdivision 3 of section 756-b; subparagraph (ii) of paragraph (c) of subdivision two of section 1055-c; subparagraph (ii) of paragraph (c) of subdivision 3 of section 1091-a; and subparagraph (ii) of paragraph (c) of subdivision 3 of section 1097. § 16. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder there- of, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the contro- versy in which the judgment shall have been rendered. § 17. This act shall take effect September 29, 2021; provided, howev- er, that: (a) (i) notwithstanding any other provision of law, provisions in this act shall not take effect unless and until the state title IV-E agency submits to the United States Department of Health and Human Services, Administration for Children, Youth and Families, an amendment to the title IV-E state plan and the United States Department of Health and Human Services, Administration for Children, Youth and Families approves said title IV-E state plan amendment regarding when a child is placed in a qualified residential treatment program in relation to the following components: (1) the qualified individual and the establishment of the assessment by the qualified individual to be completed prior to or with- in 30-days of the child's placement as established by section three of this act; (2) the 60 day court reviews, including the ability to conduct at the same time as another hearing scheduled for the child, as estab- lished by sections one, two, four, seven, eight, nine, ten, twelve, S. 2506--A 76 A. 3006--A thirteen and fourteen of this act; and (3) permanency hearing require- ments as established by sections five, six and eleven of this act; (ii) provided however, that if the United States Department of Health and Human Services, Administration for Children, Youth and Families fails to approve or disapproves any of the components listed in para- graph (i) of this subdivision, such action shall not impact the effec- tive date for the remaining components listed therein; (b) the office of children and family services shall inform the legis- lative bill drafting commission upon the occurrence of the submission set forth in subdivision (a) of this section and any approval related thereto in order that the commission may maintain an effective and time- ly database of the official texts of the state of laws of New York in furtherance of effectuating the provisions of section 44 of the legisla- tive law and section 70-b of the public officers law; (c) for the purposes of this act, the term "placement" shall refer only to placements made on or after the effective date of the Title IV-E state plan to establish the 30-day assessment, 60-day court review and permanency hearing requirements set forth in this act that occur on or after its effective date; and (d) the office of children and family services and the office of court administration are hereby authorized to promulgate such rules and regu- lations on an emergency basis as may be necessary to implement the provisions of this act on or before such effective date. PART M Section 1. Subdivision 1 of section 427-a of the social services law, as amended by chapter 45 of the laws of 2011, is amended to read as follows: 1. [Any] EACH social services district [may] SHALL, upon the authori- zation of the office of children and family services, establish a program that implements differential responses to reports of child abuse and maltreatment. Such programs shall create a family assessment and services track as an alternative means of addressing certain matters otherwise investigated as allegations of child abuse or maltreatment pursuant to this title. Notwithstanding any other provision of law to the contrary, the provisions of this section shall apply only to those cases involving allegations of [abuse or] maltreatment in family settings expressly included in the family assessment and services track of the AUTHORIZED differential response program[, and only in those social services districts authorized by the office of children and fami- ly services to implement a differential response program]. Such cases shall not be subject to the requirements otherwise applicable to cases reported to the statewide central register of child abuse and maltreat- ment pursuant to this title, except as set forth in this section. § 2. The opening paragraph and paragraph (a) of subdivision 2 of section 427-a of the social services law, as added by chapter 452 of the laws of 2007, are amended to read as follows: [Any] EACH social services district [interested in implementing a differential response program] shall [apply] SUBMIT A PLAN to the office of children and family services ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-THREE for [permission to participate] AUTHORIZATION TO OPERATE A PROGRAM PURSUANT TO SUBDIVISION ONE OF THIS SECTION PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-FOUR. The criteria for [a social services district to participate] AUTHORIZATION will be determined by the office of children and family services after consultation with the office for S. 2506--A 77 A. 3006--A the prevention of domestic violence[,]; however the social services district's [application must include a] plan [setting] SHALL SET forth the following: (a) in conjunction with any additional requirements imposed by the office of children and family services and the provisions of this subdi- vision, the factors to be considered by the social services district in determining which cases will be addressed through the family assessment and services track and the size of the population to be the subject of the differential response program AND THE PROTOCOLS THAT WILL BE IN PLACE TO REMOVE IMPLICIT BIAS FROM THE DECISION-MAKING PROCESS IN DETER- MINING WHICH CASES WILL BE SUBJECT TO THE DIFFERENTIAL RESPONSE; § 3. The opening paragraph of subdivision 3 of section 427-a of the social services law, as added by chapter 452 of the laws of 2007, is amended to read as follows: The criteria for determining which cases may be placed in the assess- ment track shall be determined by the local department of social services, in conjunction with AND IN ACCORDANCE WITH REQUIREMENTS SET FORTH BY the office of children and family services and after consulta- tion with the office for the prevention of domestic violence. Provided, however, that SUCH CRITERIA SHALL INCLUDE PROTOCOLS TO REMOVE IMPLICIT BIAS IN THE DECISION-MAKING PROCESS. PROVIDED FURTHER, HOWEVER, THAT reports including any of the following allegations shall not be included in the assessment track of a differential response program: § 4. Subdivision 7 of section 427-a of the social services law, as added by chapter 452 of the laws of 2007, is amended to read as follows: 7. The office of children and family services shall post [the] EACH plan [contained in any application approved] for implementation of a differential response program on the office of children and family services website within sixty days of such approval. § 5. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the office of children and family services is authorized to adopt regulations neces- sary for the implementation of this act on or before its effective date. PART N Section 1. Subdivision 2 of section 212 of the judiciary law is amended by adding a new paragraph (bb) to read as follows: (BB) TO THE EXTENT PRACTICABLE, ESTABLISH SUCH NUMBER OF VETERANS TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI- SION FOUR OF SECTION 170.15 AND SUBDIVISION THREE OF SECTION 180.20 OF THE CRIMINAL PROCEDURE LAW. § 2. Subdivision 5 of section 170.15 of the criminal procedure law, as added by chapter 191 of the laws of 2018, is amended to read as follows: 5. (a) Notwithstanding any provision of this section to the contrary, in any county outside a city having a population of one million or more, upon or after arraignment of a defendant on an information, a simplified information, a prosecutor's information or a misdemeanor complaint pend- ing in a local criminal court, such court may, upon DEFENDANT'S motion [of the defendant and after giving the district attorney an opportunity to be heard, order that the action be removed from the court in which the matter is pending to another local criminal court in the same coun- ty, or with consent of the district attorney to another court in an adjoining county, that has been designated as a human trafficking court by the chief administrator of the courts, and such human trafficking court] TO REMOVE THE ACTION TO A COURT IN AN ADJOINING COUNTY THAT HAS S. 2506--A 78 A. 3006--A BEEN DESIGNATED AS A HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT BY THE CHIEF ADMINISTRATOR OF THE COURTS, AND AFTER GIVING THE DISTRICT ATTORNEY AN OPPORTUNITY TO BE HEARD AND WITH THE CONSENT OF THE DISTRICT ATTORNEY OF THE ADJOINING COUNTY, ORDER THAT THE ACTION BE REMOVED FROM THE COURT IN WHICH THE MATTER IS PENDING TO SUCH HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT, WHEREUPON SUCH COURT may then conduct such action to [judgement] JUDGMENT or other final deposition; provided, however, that MATTERS WHERE THE ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER SHALL NOT BE REMOVED TO A VETERANS TREATMENT COURT; AND PROVIDED FURTHER THAT an order of removal issued under this subdivision shall not take effect until five days after the date the order is issued unless, prior to such effective date, the human trafficking court OR VETERANS TREATMENT COURT notifies the court that issued the order that: i. it will not accept the action, in which event the order shall not take effect; or ii. it will accept the action on a date prior to such effective date, in which event the order shall take effect upon such prior date. (b) Upon providing notification pursuant to subparagraph i or ii of paragraph (a) of this subdivision, the human trafficking court OR VETER- ANS TREATMENT COURT shall promptly give notice to the defendant, his or her counsel, and the district attorney. § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as added by chapter 191 of the laws of 2018, is amended to read as follows: 4. (a) Notwithstanding any provision of this section to the contrary, in any county outside a city having a population of one million or more, upon or after arraignment of a defendant on a felony complaint pending in a local criminal court having preliminary jurisdiction thereof, such court may, upon motion of the defendant and after giving the district attorney an opportunity to be heard, order that the action be removed from the court in which the matter is pending to another local criminal court in the same county, or with consent of the district attorney [to another court in] OF an adjoining county, TO A COURT IN SUCH ADJOINING COUNTY that has been designated as a human trafficking court OR VETERANS TREATMENT COURT by the chief administrator of the courts, and such human trafficking court OR VETERANS TREATMENT COURT may then conduct such action to judgment or other final disposition; provided, however, that MATTERS WHERE THE ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER SHALL NOT BE REMOVED TO A VETERANS TREATMENT COURT; AND PROVIDED FURTHER an order of removal issued under this subdivision shall not take effect until five days after the date the order is issued unless, prior to such effective date, the human trafficking court OR VETERANS TREATMENT COURT notifies the court that issued the order that: i. it will not accept the action, in which event the order shall not take effect; or ii. it will accept the action on a date prior to such effective date, in which event the order shall take effect upon such prior date. (b) Upon providing notification pursuant to subparagraph i or ii of paragraph (a) of this subdivision, the human trafficking court OR VETER- ANS TREATMENT COURT shall promptly give notice to the defendant, his or her counsel and the district attorney. § 4. The criminal procedure law is amended by adding a new section 230.21 to read as follows: S. 2506--A 79 A. 3006--A § 230.21 REMOVAL OF ACTION TO AN ADJOINING COUNTY. 1. IN ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE COURT MAY, UPON MOTION OF THE DEFENDANT AND AFTER GIVING THE DISTRICT ATTORNEY AN OPPORTUNITY TO BE HEARD, AND WITH CONSENT OF THE DISTRICT ATTORNEY OF AN ADJOINING COUNTY THAT HAS A SUPERIOR COURT DESIGNATED A HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT BY THE CHIEF ADMINISTRATOR OF THE COURTS, ORDER THAT THE INDICTMENT AND ACTION BE REMOVED FROM THE COURT IN WHICH THE MATTER IS PENDING TO SUCH HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT, WHEREUPON SUCH COURT MAY THEN CONDUCT SUCH ACTION TO JUDGMENT OR OTHER FINAL DISPOSITION; PROVIDED, HOWEVER, THAT MATTERS WHERE THE ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAP- TER SHALL NOT BE REMOVED TO A VETERANS TREATMENT COURT; AND PROVIDED FURTHER THAT AN ORDER OF REMOVAL ISSUED UNDER THIS SUBDIVISION SHALL NOT TAKE EFFECT UNTIL FIVE DAYS AFTER THE DATE THE ORDER IS ISSUED UNLESS, PRIOR TO SUCH EFFECTIVE DATE, THE HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT NOTIFIES THE COURT THAT ISSUED THE ORDER THAT: (A) IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL NOT TAKE EFFECT, OR (B) IT WILL ACCEPT THE ACTION ON A DATE PRIOR TO SUCH EFFECTIVE DATE, IN WHICH EVENT THE ORDER SHALL TAKE EFFECT UPON SUCH PRIOR DATE. 2. UPON PROVIDING NOTIFICATION PURSUANT TO PARAGRAPH (A) OR (B) OF SUBDIVISION ONE OF THIS SECTION, THE HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT SHALL PROMPTLY GIVE NOTICE TO THE DEFENDANT, HIS OR HER COUNSEL AND THE DISTRICT ATTORNEY OF BOTH COUNTIES. § 5. This act shall take effect immediately. PART O Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preservation program, a sum not to exceed $12,830,000 for the fiscal year ending March 31, 2022. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budg- et, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood pres- ervation program contracts authorized by this section, a total sum not to exceed $12,830,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2020-2021 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2021. § 2. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed $5,360,000 for the fiscal year ending March S. 2506--A 80 A. 3006--A 31, 2022. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed $5,360,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2020-2021 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2021. § 3. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for services and expenses related to homeless housing and preventative services programs including but not limited to the New York state supportive housing program, the solutions to end homelessness program or the operational support for AIDS housing program, or to qualified grantees under such programs, in accordance with the requirements of such programs, a sum not to exceed $45,181,000 for the fiscal year ending March 31, 2022. The homeless housing and assistance corporation may enter into an agreement with the office of temporary and disability assistance to administer such sum in accordance with the requirements of such programs. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the homeless hous- ing and assistance corporation, a total sum not to exceed $45,181,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certi- fied by the state of New York mortgage agency for the fiscal year 2020- 2021 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insur- ance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and main- tain the credit rating as determined by the state of New York mortgage agency, required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer shall be made as soon as practicable but no later than March 31, 2022. § 4. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for purposes of reimbursing New York city expenditures for adult shelters, a sum not to exceed $65,568,000 for the fiscal year ending March 31, 2022. Notwithstanding any other inconsistent provision of law, such funds shall be available for eligible costs incurred on or after January 1, 2021, and before January 1, 2022, that are otherwise reimbursable by the state on or after April 1, 2021, and that are claimed by March 31, 2022. Such S. 2506--A 81 A. 3006--A reimbursement shall constitute total state reimbursement for activities funded herein in state fiscal year 2021-2022, and shall include reimbursement for costs associated with a court mandated plan to improve shelter conditions for medically frail persons and additional costs incurred as part of a plan to reduce over-crowding in congregate shel- ters. The homeless housing and assistance corporation may enter into an agreement with the office of temporary and disability assistance to administer such sum in accordance with the laws, rules or regulations relating to public assistance and care or the administration thereof. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, and the authorization by the members of the state of New York housing finance agency, the state of New York housing finance agency shall transfer to the homeless hous- ing and assistance corporation, a total sum not to exceed $65,568,000, such transfer to be made from excess funds of the housing finance agen- cy, not pledged to the payment of the agency's outstanding bonds. Such transfer shall be made as soon as practicable but no later than March 31, 2022. § 5. This act shall take effect immediately. PART P 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 K of chapter 56 of the laws of 2020, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$150.00] $152.00 for each month beginning on or after January first, two thousand [twenty] TWENTY-ONE. (b) in the case of each individual receiving residential care, an amount equal to at least [$174.00] $176.00 for each month beginning on or after January first, two thousand [twenty] TWENTY-ONE. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$207.00] $210.00 for each month beginning on or after January first, two thousand [twenty] TWENTY-ONE. (d) for the period commencing January first, two thousand [twenty-one] TWENTY-TWO, 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 [twenty-one] TWENTY-TWO, but prior to June thirtieth, two thou- sand [twenty-one] TWENTY-TWO, rounded to the nearest whole dollar. § 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 K of chapter 56 of the laws of 2020, are amended to read as follows: (a) On and after January first, two thousand [twenty] TWENTY-ONE, for an eligible individual living alone, [$870.00] $881.00; and for an eligible couple living alone, [$1,279.00] $1,295.00. (b) On and after January first, two thousand [twenty] TWENTY-ONE, for an eligible individual living with others with or without in-kind income, [$806.00] $817.00; and for an eligible couple living with others with or without in-kind income, [$1,221.00] $1,237.00. S. 2506--A 82 A. 3006--A (c) On and after January first, two thousand [twenty] TWENTY-ONE, (i) for an eligible individual receiving family care, [$1,049.48] $1,060.48 if he or she is receiving such care in the city of New York or the coun- ty 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 individ- ual receiving such care in any other county in the state, [$1,011.48] $1,022.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subpara- graph (iii) of this paragraph. (d) On and after January first, two thousand [twenty] TWENTY-ONE, (i) for an eligible individual receiving residential care, [$1,218.00] $1,229.00 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 individual receiving such care in any other county in the state, [$1,188.00] $1,199.00; 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) On and after January first, two thousand [twenty] TWENTY-ONE, (i) for an eligible individual receiving enhanced residential care, [$1,477.00] $1,488.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subpara- graph (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 [twenty-one] TWENTY- TWO but prior to June thirtieth, two thousand [twenty-one] TWENTY-TWO. § 3. This act shall take effect December 31, 2021. PART Q Section 1. Section 82 of the state finance law, as added by chapter 375 of the laws of 2018, is amended to read as follows: § 82. Gifts to food banks fund. 1. There is hereby established in the sole custody of the commissioner of taxation and finance a special fund to be known as the "gifts to food banks fund". Monies in the fund shall be kept separate from and not commingled with other funds held in the sole custody of the commissioner of taxation and finance. 2. Such fund shall consist of all revenues received by the department of taxation and finance pursuant to the provisions of section six hundred twenty-five-a of the tax law and all other money appropriated, credited, or transferred thereto from any other fund or source pursuant to law. Nothing in this section shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. 3. Monies of the fund shall, after appropriation by the legislature, be made available to the [office of temporary and disability assistance] DEPARTMENT OF HEALTH for grants to regional food banks, organized to serve specific regions of the state, that generally collect and redis- tribute food donations to organizations serving persons in need. Monies shall be payable from the fund by the commissioner of taxation and S. 2506--A 83 A. 3006--A finance on vouchers approved by the commissioner of [temporary and disa- bility assistance] HEALTH. The commissioner of [temporary and disability assistance] HEALTH shall promulgate rules and regulations necessary for the distribution of such grants. 4. To the extent practicable, the commissioner of [the office of temporary and disability assistance] HEALTH shall ensure that all monies received during a fiscal year are expended prior to the end of that fiscal year. 5. On or before the first day of February each year, the comptroller shall certify to the governor, temporary president of the senate, speak- er of the assembly, chair of the senate finance committee and chair of the assembly ways and means committee, the amount of money deposited in the gifts to food banks fund during the preceding calendar year as the result of revenue derived pursuant to section six hundred twenty-five-a of the tax law. 6. On or before the first day of February each year, the commissioner of [the office of temporary and disability assistance] HEALTH shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on social services, chair of the assembly social services committee, and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year and shall include: (a) the amount of money [dispersed] DISBURSED from the fund; (b) the recipients of awards from the fund; (c) the amount awarded to each recipient; (d) the purposes for which such awards were granted; and (e) a summary financial plan for such monies which shall include esti- mates of all receipts and all disbursements for the current and succeed- ing fiscal years, along with the actual results from the prior fiscal year. § 2. This act shall take effect immediately. PART R Section 1. Subdivision 37 of section 292 of the executive law, as amended by chapter 118 of the laws of 2019, is renumbered subdivision 39 and amended to read as follows: 39. The term "educational institution" shall mean: (a) any education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law; or (b) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO THE PUBLIC TO BE NON-SECTARIAN AND WHICH IS UNDER THE SUPERVISION OF THE REGENTS OF THE STATE OF NEW YORK AND WHICH IS NOT EXEMPT FROM TAXATION PURSUANT TO THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR (C) any public school, including any school district, board of cooper- ative educational services, public college or public university. § 2. This act shall take effect immediately. PART S Section 1. Subdivisions 37 and 38 of section 292 of the executive law, subdivision 37 as amended by chapter 118, subdivision 37 as added by S. 2506--A 84 A. 3006--A chapter 160 of the laws of 2019, are renumbered subdivisions 38, 39 and 40 and a new subdivision 41 is added to read as follows: 41. THE TERM "CITIZENSHIP OR IMMIGRATION STATUS" MEANS THE CITIZENSHIP OF ANY PERSON OR THE IMMIGRATION STATUS OF ANY PERSON WHO IS NOT A CITI- ZEN OF THE UNITED STATES. NOTHING IN THIS ARTICLE SHALL PRECLUDE VERIFI- CATION OF CITIZENSHIP OR IMMIGRATION STATUS WHERE REQUIRED BY LAW, NOR SHALL AN ADVERSE ACTION BASED ON VERIFICATION OF CITIZENSHIP OR IMMI- GRATION STATUS BE PROHIBITED WHERE SUCH ADVERSE ACTION IS REQUIRED BY LAW. § 2. Subdivision 1 of section 296 of the executive law, as amended by chapter 365 of the laws of 2015, paragraph (a) as separately amended by chapters 8 and 176 of the laws of 2019, paragraphs (b), (c) and (d) as amended by chapter 8 of the laws of 2019 and paragraph (h) as amended by chapter 161 of the laws of 2019, is amended to read as follows: 1. It shall be an unlawful discriminatory practice: (a) For an employer or licensing agency, because of an individual's age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. (b) For an employment agency to discriminate against any individual because of age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, or marital status, in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers. (c) For a labor organization, because of the age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, disability, predis- posing genetic characteristics, familial status, or marital status of any individual, to exclude or to expel from its membership such individ- ual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer. (d) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publi- cation, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, CITIZENSHIP OR IMMI- GRATION STATUS, sexual orientation, gender identity or expression, mili- tary status, sex, disability, predisposing genetic characteristics, familial status, or marital status, or any intent to make any such limi- tation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this para- graph nor any provision of this chapter or other law shall be construed to prohibit the department of civil service or the department of person- nel of any city containing more than one county from requesting informa- tion from applicants for civil service examinations concerning any of the aforementioned characteristics, other than sexual orientation, for the purpose of conducting studies to identify and resolve possible prob- lems in recruitment and testing of members of minority groups to insure the fairest possible and equal opportunities for employment in the civil S. 2506--A 85 A. 3006--A service for all persons, regardless of age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation or gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, or marital status. (e) For any employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article. (f) Nothing in this subdivision shall affect any restrictions upon the activities of persons licensed by the state liquor authority with respect to persons under twenty-one years of age. (g) For an employer to compel an employee who is pregnant to take a leave of absence, unless the employee is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner. (h) For an employer, licensing agency, employment agency or labor organization to subject any individual to harassment because of an indi- vidual's age, race, creed, color, national origin, CITIZENSHIP OR IMMI- GRATION STATUS, sexual orientation, gender identity or expression, mili- tary status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, or because the individual has opposed any practices forbidden under this article or because the individual has filed a complaint, testified or assisted in any proceeding under this article, regardless of whether such harassment would be considered severe or pervasive under precedent applied to harassment claims. Such harassment is an unlawful discrimina- tory practice when it subjects an individual to inferior terms, condi- tions or privileges of employment because of the individual's membership in one or more of these protected categories. The fact that such indi- vidual did not make a complaint about the harassment to such employer, licensing agency, employment agency or labor organization shall not be determinative of whether such employer, licensing agency, employment agency or labor organization shall be liable. Nothing in this section shall imply that an employee must demonstrate the existence of an indi- vidual to whom the employee's treatment must be compared. It shall be an affirmative defense to liability under this subdivision that the harass- ing conduct does not rise above the level of what a reasonable victim of discrimination with the same protected characteristic or characteristics would consider petty slights or trivial inconveniences. § 3. Subdivision 1-a of section 296 of the executive law, as amended by chapter 365 of the laws of 2015 and paragraphs (b), (c) and (d) as amended by chapter 8 of the laws of 2019, is amended to read as follows: 1-a. It shall be an unlawful discriminatory practice for an employer, labor organization, employment agency or any joint labor-management committee controlling apprentice training programs: (a) To select persons for an apprentice training program registered with the state of New York on any basis other than their qualifications, as determined by objective criteria which permit review; (b) To deny to or withhold from any person because of race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien- tation, gender identity or expression, military status, sex, age, disa- bility, familial status, or marital status, the right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training program, executive training program, or other occupational training or retraining program; S. 2506--A 86 A. 3006--A (c) To discriminate against any person in his or her pursuit of such programs or to discriminate against such a person in the terms, condi- tions or privileges of such programs because of race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, familial status or marital status; (d) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, spec- ification or discrimination as to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, familial status or marital status, or any intention to make any such limitation, specifica- tion or discrimination, unless based on a bona fide occupational quali- fication. § 4. Paragraph (a) of subdivision 2 of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, is amended to read as follows: (a) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, creed, color, national origin, CITIZENSHIP OR IMMI- GRATION STATUS, sexual orientation, gender identity or expression, mili- tary status, sex, disability or marital status of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, disability or marital status, or that the patronage or custom thereat of any person of or purporting to be of any particular race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex or marital status, or having a disability is unwelcome, objectionable or not acceptable, desired or solicited. § 5. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 296 of the executive law, as amended by section 3 of part T of chapter 56 of the laws of 2019, are amended to read as follows: (a) To refuse to sell, rent or lease or otherwise to deny to or with- hold from any person or group of persons such housing accommodations because of the race, creed, color, disability, national origin, CITIZEN- SHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status, lawful source of income or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (b) To discriminate against any person because of his or her race, creed, color, disability, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status, lawful source of income or familial status in the terms, conditions or privileges of any publicly-assisted S. 2506--A 87 A. 3006--A housing accommodations or in the furnishing of facilities or services in connection therewith. (c) To cause to be made any written or oral inquiry or record concern- ing the race, creed, color, disability, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, membership in the reserve armed forces of the United States or in the organized militia of the state, age, sex, marital status, lawful source of income or familial status of a person seeking to rent or lease any publicly-assisted housing accommodation; provided, however, that nothing in this subdivision shall prohibit a member of the reserve armed forces of the United States or in the organized militia of the state from voluntarily disclosing such membership. (c-1) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status, or any intent to make any such limitation, specification or discrimination. § 6. Paragraph (c) of subdivision 3 of section 296 of the executive law, as added by chapter 369 of the laws of 2015, is relettered para- graph (d). § 7. Subdivisions 3-b and 4 of section 296 of the executive law, as amended by chapter 8 and subdivision 4 as separately amended by chapter 116 of the laws of 2019, are amended to read as follows: 3-b. It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership or organization for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to repre- sent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, disability, marital status, or familial status of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in crim- inal or anti-social behavior, or a decline in the quality of schools or other facilities. 4. It shall be an unlawful discriminatory practice for an educational institution to deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disability, national origin, CITI- ZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age or marital status, except that any such institution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex. § 8. Subdivision 5 of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, subparagraphs 1, 2 and 3 of paragraph (a) as amended by section 4, subparagraphs 1 and 2 of paragraph (c) as S. 2506--A 88 A. 3006--A amended by section 5, and paragraph (d) as amended by section 6 of part T of chapter 56 of the laws of 2019, is amended to read as follows: 5. (a) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof: (1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (2) To discriminate against any person because of race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status in the terms, conditions or privileges of the sale, rental or lease of any such hous- ing accommodation or in the furnishing of facilities or services in connection therewith. (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status, or any intent to make any such limitation, specification or discrimination. The provisions of this paragraph (a) shall not apply (1) to the rental of a housing accommodation in a building which contains housing accommo- dations for not more than two families living independently of each other, if the owner resides in one of such housing accommodations, (2) to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex or (3) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner resides in such housing accommodation or (4) solely with respect to age and familial status to the restriction of the sale, rental or lease of housing accommodations exclusively to persons sixty- two years of age or older and the spouse of any such person, or for housing intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether hous- ing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (b) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space: (1) To refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons land or commercial space because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION S. 2506--A 89 A. 3006--A STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available; (2) To discriminate against any person because of race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, or familial status in the terms, conditions or privi- leges of the sale, rental or lease of any such land or commercial space; or in the furnishing of facilities or services in connection therewith; (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, or familial status; or any intent to make any such limitation, specification or discrimination. (4) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of land to be used for the construction, or location of housing accommodations exclusively for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occu- pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (c) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof: (1) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status of such person or persons, or to represent that any housing accommodation, land or commercial space is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodation, land or commer- cial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status of such person or persons. (2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of any housing accommodation, S. 2506--A 90 A. 3006--A land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommo- dation, land or commercial space which expresses, directly or indirect- ly, any limitation, specification, or discrimination as to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien- tation, gender identity or expression, military status, sex, age, disa- bility, marital status, lawful source of income or familial status; or any intent to make any such limitation, specification or discrimination. (3) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of any housing accommodation, land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of any hous- ing accommodation or land to be used for the construction or location of housing accommodations for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (d) It shall be an unlawful discriminatory practice for any real estate board, because of the race, creed, color, national origin, CITI- ZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, disability, marital status, lawful source of income or familial status of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such board. (e) It shall be an unlawful discriminatory practice for the owner, proprietor or managing agent of, or other person having the right to provide care and services in, a private proprietary nursing home, conva- lescent home, or home for adults, or an intermediate care facility, as defined in section two of the social services law, heretofore constructed, or to be constructed, or any agent or employee thereof, to refuse to provide services and care in such home or facility to any individual or to discriminate against any individual in the terms, conditions, and privileges of such services and care solely because such individual is a blind person. For purposes of this paragraph, a "blind person" shall mean a person who is registered as a blind person with the commission for the visually handicapped and who meets the definition of a "blind person" pursuant to section three of chapter four hundred fifteen of the laws of nineteen hundred thirteen entitled "An act to establish a state commission for improving the condition of the blind of the state of New York, and making an appropriation therefor". (f) The provisions of this subdivision, as they relate to age, shall not apply to persons under the age of eighteen years. (g) It shall be an unlawful discriminatory practice for any person offering or providing housing accommodations, land or commercial space as described in paragraphs (a), (b), and (c) of this subdivision to make or cause to be made any written or oral inquiry or record concerning membership of any person in the state organized militia in relation to the purchase, rental or lease of such housing accommodation, land, or commercial space, provided, however, that nothing in this subdivision shall prohibit a member of the state organized militia from voluntarily disclosing such membership. S. 2506--A 91 A. 3006--A § 9. Paragraph (a) of subdivision 9 of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, is amended to read as follows: (a) It shall be an unlawful discriminatory practice for any fire department or fire company therein, through any member or members there- of, officers, board of fire commissioners or other body or office having power of appointment of volunteer firefighters, directly or indirectly, by ritualistic practice, constitutional or by-law prescription, by tacit agreement among its members, or otherwise, to deny to any individual membership in any volunteer fire department or fire company therein, or to expel or discriminate against any volunteer member of a fire depart- ment or fire company therein, because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATIONS STATUS, sexual orientation, gender identity or expression, military status, sex, marital status, or familial status, of such individual. § 10. Subdivision 13 of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, is amended to read as follows: 13. It shall be an unlawful discriminatory practice (i) for any person to boycott or blacklist, or to refuse to buy from, sell to or trade with, or otherwise discriminate against any person, because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, disa- bility, or familial status, of such person, or of such person's part- ners, members, stockholders, directors, officers, managers, superinten- dents, agents, employees, business associates, suppliers or customers, or (ii) for any person wilfully to do any act or refrain from doing any act which enables any such person to take such action. This subdivision shall not apply to: (a) Boycotts connected with labor disputes; or (b) Boycotts to protest unlawful discriminatory practices. § 11. Subdivisions 1, 2 and 3 of section 296-a of the executive law, as amended by chapter 8 of the laws of 2019, are amended to read as follows: 1. It shall be an unlawful discriminatory practice for any creditor or any officer, agent or employee thereof: a. In the case of applications for credit with respect to the purchase, acquisition, construction, rehabilitation, repair or mainte- nance of any housing accommodation, land or commercial space to discrim- inate against any such applicant because of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status, disability, or familial status of such applicant or applicants or any member, stockholder, director, officer or employee of such appli- cant or applicants, or of the prospective occupants or tenants of such housing accommodation, land or commercial space, in the granting, with- holding, extending or renewing, or in the fixing of the rates, terms or conditions of, any such credit; b. To discriminate in the granting, withholding, extending or renew- ing, or in the fixing of the rates, terms or conditions of, any form of credit, on the basis of race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status, disability, or familial status; c. To use any form of application for credit or use or make any record or inquiry which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, creed, color, national S. 2506--A 92 A. 3006--A origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status, disa- bility, or familial status; d. To make any inquiry of an applicant concerning his or her capacity to reproduce, or his or her use or advocacy of any form of birth control or family planning; e. To refuse to consider sources of an applicant's income or to subject an applicant's income to discounting, in whole or in part, because of an applicant's race, creed, color, national origin, CITIZEN- SHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status, childbearing potential, disability, or familial status; f. To discriminate against a married person because such person neither uses nor is known by the surname of his or her spouse. This paragraph shall not apply to any situation where the use of a surname would constitute or result in a criminal act. 2. Without limiting the generality of subdivision one of this section, it shall be considered discriminatory if, because of an applicant's or class of applicants' race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, age, sex, marital status or disability, or familial status, (i) an applicant or class of applicants is denied credit in circumstances where other applicants of like overall credit worthiness are granted credit, or (ii) special requirements or conditions, such as requiring co-obligors or reapplication upon marriage, are imposed upon an applicant or class of applicants in circumstances where similar requirements or conditions are not imposed upon other applicants of like overall credit worthiness. 3. It shall not be considered discriminatory if credit differen- tiations or decisions are based upon factually supportable, objective differences in applicants' overall credit worthiness, which may include reference to such factors as current income, assets and prior credit history of such applicants, as well as reference to any other relevant factually supportable data; provided, however, that no creditor shall consider, in evaluating the credit worthiness of an applicant, aggregate statistics or assumptions relating to race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or expression, military status, sex, marital status or disabil- ity, or to the likelihood of any group of persons bearing or rearing children, or for that reason receiving diminished or interrupted income in the future. § 12. Subdivision 2 of section 296-c of the executive law, as added by chapter 97 of the laws of 2014, is amended to read as follows: 2. It shall be an unlawful discriminatory practice for an employer to: a. refuse to hire or employ or to bar or to discharge from internship an intern or to discriminate against such intern in terms, conditions or privileges of employment as an intern because of the intern's age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or domestic violence victim status; b. discriminate against an intern in receiving, classifying, disposing or otherwise acting upon applications for internships because of the intern's age, race, creed, color, national origin, CITIZENSHIP OR IMMI- GRATION STATUS, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or domestic violence victim status; S. 2506--A 93 A. 3006--A c. print or circulate or cause to be printed or circulated any state- ment, advertisement or publication, or to use any form of application for employment as an intern or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien- tation, military status, sex, disability, predisposing genetic charac- teristics, marital status or domestic violence victim status, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this paragraph nor any provision of this chapter or other law shall be construed to prohibit the department of civil service or the department of personnel of any city containing more than one county from requesting information from applicants for civil service internships or examinations concerning any of the aforementioned charac- teristics, other than sexual orientation, for the purpose of conducting studies to identify and resolve possible problems in recruitment and testing of members of minority groups to insure the fairest possible and equal opportunities for employment in the civil service for all persons, regardless of age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, military status, sex, disabili- ty, predisposing genetic characteristics, marital status or domestic violence victim status; d. to discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article; or e. to compel an intern who is pregnant to take a leave of absence, unless the intern is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner. § 13. Paragraph (b) of subdivision 3 of section 296-c of the executive law, as added by chapter 97 of the laws of 2014, is amended to read as follows: b. subject an intern to unwelcome harassment based on age, sex, race, creed, color, sexual orientation, military status, disability, predis- posing genetic characteristics, marital status, domestic violence victim status, [or] national origin, OR CITIZENSHIP OR IMMIGRATION STATUS, where such harassment has the purpose or effect of unreasonably inter- fering with the intern's work performance by creating an intimidating, hostile, or offensive working environment. § 14. This act shall take effect immediately. PART T Section 1. Section 522 of the labor law, as amended by chapter 720 of the laws of 1953, is amended to read as follows: § 522. Total unemployment. "Total unemployment" OR "TOTALLY UNEM- PLOYED" means the total lack of any employment on any day. The term "employment" as used in this section means any employment including that not defined in this title. § 2. Section 523 of the labor law, as amended by chapter 675 of the laws of 1977, is amended to read as follows: § 523. [Effective day] PARTIAL UNEMPLOYMENT. ["Effective day" means a full day of total unemployment provided such day falls within a week in which a claimant had four or more days of total unemployment and provided further that only those days of total unemployment in excess of S. 2506--A 94 A. 3006--A three days within such week are deemed "effective days". No effective day is deemed to occur in a week in which the claimant has days of employment for which he is paid compensation exceeding the highest bene- fit rate which is applicable to any claimant in such week. A claimant who is employed on a shift continuing through midnight is deemed to have been employed on the day beginning before midnight with respect to such shift, except where night shift employees are regularly scheduled to start their work week at seven post meridiem or thereafter on Sunday night, their regularly scheduled starting time on Sunday shall be considered as starting on Monday.] "PARTIAL UNEMPLOYMENT" OR "PARTIALLY UNEMPLOYED" MEANS ANY WEEK IN WHICH THE CLAIMANT WORKS LESS THAN FULL- TIME IF THE WAGES PAYABLE TO SUCH INDIVIDUAL FOR SUCH WEEK DO NOT EQUAL OR EXCEED THE INDIVIDUAL'S WEEKLY BENEFIT AMOUNT PLUS ONE HUNDRED DOLLARS OR FORTY PERCENT OF THE CLAIMANT'S WEEKLY BENEFIT AMOUNT, WHICH- EVER IS GREATER. FOR PURPOSES OF THIS SECTION, REMUNERATION SHALL ALSO INCLUDE ANY HOLIDAY OR VACATION PAY PAYABLE WITH RESPECT TO ANY SUCH WEEK, WHETHER OR NOT ANY SERVICE WAS PERFORMED DURING SUCH WEEK OR WAS IN ANY OTHER WAY REQUIRED FOR RECEIPT OF SUCH HOLIDAY OR VACATION PAY. § 3. The labor law is amended by adding a new section 523-a to read as follows: § 523-A. WEEK OF UNEMPLOYMENT. FOR PURPOSES OF THIS ARTICLE, "WEEK OF UNEMPLOYMENT" SHALL MEAN A WEEK IN WHICH A CLAIMANT IS TOTALLY UNEM- PLOYED OR PARTIALLY UNEMPLOYED. A CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING THROUGH MIDNIGHT IS DEEMED TO HAVE BEEN EMPLOYED ON THE DAY BEGINNING BEFORE MIDNIGHT WITH RESPECT TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHE- DULED STARTING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY. § 4. Section 524 of the labor law, as added by chapter 5 of the laws of 2000, is amended to read as follows: § 524. Week of employment. For purposes of this article, "week of employment" shall mean a Monday through Sunday period during which a claimant was paid remuneration for employment for an employer or employ- ers liable for contributions or for payments in lieu of contributions under this article. A CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING THROUGH MIDNIGHT IS DEEMED TO HAVE BEEN EMPLOYED ON THE DAY BEGINNING BEFORE MIDNIGHT WITH RESPECT TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHEDULED START- ING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY. § 5. Subdivision 4 of section 527 of the labor law, as amended by chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the laws of 1984, is amended to read as follows: 4. General condition. A valid original claim may be filed only in a week [in which the claimant has at least one effective day of unemploy- ment] OF UNEMPLOYMENT, AS DEFINED IN THIS ARTICLE. § 6. Clauses (i), (ii), (iii) and (iv) of subparagraph 2 of paragraph (e) of subdivision 1 of section 581 of the labor law, as amended by chapter 282 of the laws of 2002, are amended to read as follows: (i) In those instances where the claimant may not utilize wages paid to establish entitlement based upon subdivision ten of section five hundred ninety of this article and an educational institution is the claimant's last employer prior to the filing of the claim for benefits, or the claimant performed services in such educational institution in such capacity while employed by an educational service agency which is the claimant's last employer prior to the filing of the claim for bene- S. 2506--A 95 A. 3006--A fits, such employer shall not be liable for benefit charges [for the first twenty-eight effective days of benefits paid] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise provided by this section. Under such circumstances, benefits paid shall be charged to the general account. In addition, wages paid during the base period by such educational institutions, or for services in such educational institutions for claimants employed by an educational service agency shall not be considered base period wages during periods that such wages may not be used to gain entitlement to benefits pursuant to subdivision ten of section five hundred ninety of this article. (ii) In those instances where the claimant may not utilize wages paid to establish entitlement based upon subdivision eleven of section five hundred ninety of this article and an educational institution is the claimant's last employer prior to the filing of the claim for benefits, or the claimant performed services in such educational institution in such capacity while employed by an educational service agency which is the claimant's last employer prior to the filing of the claim for bene- fits, such employer shall not be liable for benefit charges [for the first twenty-eight effective days of benefits paid] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise provided by this section. Under such circumstances, benefits paid will be charged to the general account. In addition, wages paid during the base period by such educational institutions, or for services in such educational institutions for claimants employed by an educational service agency shall not be considered base period wages during periods that such wages may not be used to gain entitlement to benefits pursuant to subdivision eleven of section five hundred ninety of this article. However, in those instances where a claimant was not afforded an oppor- tunity to perform services for the educational institution for the next academic year or term after reasonable assurance was provided, such employer shall be liable for benefit charges as provided for in this paragraph for any retroactive payments made to the claimant. (iii) In those instances where the federal government is the claim- ant's last employer prior to the filing of the claim for benefits and such employer is not a base-period employer, payments [equaling the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise prescribed by this section shall be charged to the general account. In those instances where the federal government is the claimant's last employer prior to the filing of the claim for benefits and a base-period employer, such employer shall be liable for charges for all benefits paid on such claim in the same proportion that the remuneration paid by such employer during the base period bears to the remuneration paid by all employers during the base period. In addition, benefit payment charges [for the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those chargeable to the federal government as prescribed above shall be made to the general account. (iv) In those instances where a combined wage claim is filed pursuant to interstate reciprocal agreements and the claimant's last employer prior to the filing of the claim is an out-of-state employer and such employer is not a base-period employer, benefit payments [equaling the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise prescribed by this section shall be charged to the general account. In those instances where the out-of-state employer is the last employer S. 2506--A 96 A. 3006--A prior to the filing of the claim for benefits and a base-period employer such employer shall be liable for charges for all benefits paid on such claim in the same proportion that the remuneration paid by such employer during the base period bears to the remuneration paid by all employers during the base period. In addition, benefit payment charges [for the twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENE- FITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those charge- able to the out-of-state employer as prescribed above shall be made to the general account. § 7. Subdivisions 1, 3, 4, paragraph (a) of subdivision 5 and subdivi- sions 6 and 7 of section 590 of the labor law, subdivisions 1 and 3 as amended by chapter 645 of the laws of 1951, subdivision 4 as amended by chapter 457 of the laws of 1987, paragraph (a) of subdivision 5 as amended by section 8 of part O of chapter 57 of the laws of 2013, subdi- vision 6 as added by chapter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws of 1977, and subdivision 7 as amended by chapter 415 of the laws of 1983, are amended and a new paragraph (c) is added to subdivision 5 to read as follows: 1. Entitlement to benefits. A claimant shall be entitled to [accumu- late effective days for the purpose of benefit rights] THE PAYMENT OF BENEFITS only if [he] SAID CLAIMANT has complied with the provisions of this article regarding the filing of [his] A claim, including the filing of a valid original claim, registered as totally UNEMPLOYED OR PARTIALLY unemployed, reported [his] subsequent employment and unemployment, and reported for work or otherwise given notice of the continuance of [his] unemployment. 3. Compensable periods. Benefits shall be paid for each [accumulation of effective days within a] week OF UNEMPLOYMENT. 4. Duration. Benefits shall not be paid for more than [one hundred and four effective days] AN AMOUNT EXCEEDING TWENTY-SIX TIMES THE CLAIMANT'S WEEKLY BENEFIT RATE in any benefit year, except as provided in section six hundred one and subdivision two of section five hundred ninety-nine of this [chapter] TITLE. (a) A claimant's weekly benefit amount shall be one twenty-sixth of the remuneration paid during the highest calendar quarter of the base period by employers, liable for contributions or payments in lieu of contributions under this article, provided the claimant has remuneration paid in all four calendar quarters during his or her base period or alternate base period. However, for any claimant who has remuneration paid in all four calendar quarters during his or her base period or alternate base period and whose high calendar quarter remuneration during the base period is three thousand five hundred seventy-five dollars or less, the benefit amount shall be one twenty-fifth of the remuneration paid during the highest calendar quarter of the base period by employers liable for contributions or payments in lieu of contrib- utions under this article. A claimant's weekly benefit shall be one twenty-sixth of the average remuneration paid in the two highest quar- ters paid during the base period or alternate base period by employers liable for contributions or payments in lieu of contributions under this article when the claimant has remuneration paid in two or three calendar quarters provided however, that a claimant whose high calendar quarter is four thousand dollars or less but greater than three thousand five hundred seventy-five dollars shall have a weekly benefit amount of one twenty-sixth of such high calendar quarter. However, for any claimant who has remuneration paid in two or three calendar quarters during his or her base period or alternate base period and whose high calendar S. 2506--A 97 A. 3006--A quarter remuneration during the base period is three thousand five hundred seventy-five dollars or less, the benefit amount shall be one twenty-fifth of the remuneration paid during the highest calendar quar- ter of the base period by employers liable for contributions or payments in lieu of contributions under this article. Any claimant whose high calendar quarter remuneration during the base period is more than three thousand five hundred seventy-five dollars shall not have a weekly bene- fit amount less than one hundred forty-three dollars. The weekly benefit amount, so computed, that is not a multiple of one dollar shall be lowered to the next multiple of one dollar. On the first Monday of September, nineteen hundred ninety-eight the weekly benefit amount shall not exceed three hundred sixty-five dollars nor be less than forty dollars, until the first Monday of September, two thousand, at which time the maximum benefit payable pursuant to this subdivision shall equal one-half of the state average weekly wage for covered employment as calculated by the department no sooner than July first, two thousand and no later than August first, two thousand, rounded down to the lowest dollar. On and after the first Monday of October, two thousand fourteen, the weekly benefit shall not be less than one hundred dollars, nor shall it exceed four hundred twenty dollars until the first Monday of October, two thousand fifteen when the maximum benefit amount shall be four hundred twenty-five dollars, until the first Monday of October, two thousand sixteen when the maximum benefit amount shall be four hundred thirty dollars, until the first Monday of October, two thousand seven- teen when the maximum benefit amount shall be four hundred thirty-five dollars, until the first Monday of October, two thousand eighteen when the maximum benefit amount shall be four hundred fifty dollars, until the first Monday of October, two thousand nineteen when the maximum benefit amount shall be thirty-six percent of the average weekly wage until the first Monday of October, two thousand twenty when the maximum benefit amount shall be thirty-eight percent of the average weekly wage, until the first Monday of October two thousand twenty-one when the maxi- mum benefit amount shall be forty percent of the average weekly wage, until the first Monday of October, two thousand twenty-two when the maximum benefit amount shall be forty-two percent of the average weekly wage, until the first Monday of October, two thousand twenty-three when the maximum benefit amount shall be forty-four percent of the average weekly wage, until the first Monday of October, two thousand twenty-four when the maximum benefit amount shall be forty-six percent of the aver- age weekly wage, until the first Monday of October, two thousand twen- ty-five when the maximum benefit amount shall be forty-eight percent of the average weekly wage, until the first Monday of October, two thousand twenty-six and each year thereafter on the first Monday of October when the maximum benefit amount shall be fifty percent of the average weekly wage provided, however, that in no event shall the maximum benefit amount be reduced from the previous year. A CLAIMANT SHALL RECEIVE HIS OR HER FULL BENEFIT RATE FOR EACH WEEK OF TOTAL UNEMPLOYMENT. (C) FOR A WEEK OF PARTIAL UNEMPLOYMENT, A CLAIMANT SHALL BE ELIGIBLE FOR AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE CLAIMANT'S WEEKLY BENEFIT AMOUNT, AS CALCULATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI- SION, AND ANY WAGES FOR SUCH WEEK IN EXCESS OF ONE HUNDRED DOLLARS OR FORTY PERCENT OF THE WEEKLY BENEFIT AMOUNT, WHICHEVER IS GREATER. IF SUCH PARTIAL BENEFIT AMOUNT IS NOT A MULTIPLE OF ONE DOLLAR, SUCH AMOUNT SHALL BE REDUCED TO THE NEAREST LOWER FULL DOLLAR AMOUNT. 6. Notification requirement. [No effective day shall be counted for any purposes except effective days as to] BENEFITS SHALL BE PAYABLE ONLY S. 2506--A 98 A. 3006--A FOR A WEEK OF UNEMPLOYMENT FOR which notification has been given in a manner prescribed by the commissioner. 7. Waiting period. A claimant shall not be entitled to [accumulate effective days for the purpose of] RECEIVE benefit payments until [he] THE CLAIMANT has [accumulated] COMPLETED a waiting period of [four effective days either wholly within the] ONE week [in which he estab- lished his valid original claim or partly within such week and partly within his benefit year initiated by such claim] OF UNEMPLOYMENT. § 8. Subdivisions 1 and 2, paragraph (a) of subdivision 3 and para- graph (a) of subdivision 6 of section 591 of the labor law, subdivisions 1 and 2 as amended by chapter 413 of the laws of 2003, paragraph (a) of subdivision 3 as amended by chapter 794 of the laws of 1963 and para- graph (a) of subdivision 6 as added by section 13 of part O of chapter 57 of laws of 2013, are amended to read as follows: 1. Unemployment. Benefits, except as provided in section five hundred ninety-one-a of this title, shall be paid only to a claimant who is totally UNEMPLOYED OR PARTIALLY unemployed [and who is unable to engage in his usual employment or in any other for which he is reasonably fitted by training and experience]. A claimant who is receiving benefits under this article shall not be denied such benefits pursuant to this subdivision or to subdivision two of this section because of such claim- ant's service on a grand or petit jury of any state or of the United States. 2. Availability and capability. Except as provided in section five hundred ninety-one-a of this title, no benefits shall be payable to any claimant who is not capable of work or who is not ready, willing and able to work in his OR HER usual employment or in any other for which he OR SHE is reasonably fitted by training and experience. THE COMMISSION- ER SHALL PROMULGATE REGULATIONS DEFINING A CLAIMANT'S ELIGIBILITY FOR BENEFITS WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING AND ABLE TO WORK IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE OR SHE IS REASONABLY FITTED BY TRAINING AND EXPERIENCE. (a) [No benefits shall be] BENEFITS payable to a claimant for any day during a paid vacation period, or for a paid holiday, [nor shall any such day be considered a day of total unemployment under section five hundred twenty-two] SHALL BE CALCULATED AS PROVIDED IN SECTION FIVE HUNDRED TWENTY-THREE AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED NINETY of this article. (a) No benefits shall be payable to a claimant for any week during a dismissal period for which a claimant receives dismissal pay[, nor shall any day within such week be considered a day of total unemployment under section five hundred twenty-two of this article,] if such weekly dismissal pay exceeds the maximum weekly benefit rate PLUS ONE HUNDRED DOLLARS OR FIFTY PERCENT OF THE CLAIMANT'S WEEKLY BENEFIT AMOUNT, WHICH- EVER IS GREATER. § 9. Subdivisions 1 and 2 of section 591 of the labor law, subdivision 1 as amended by chapter 446 of the laws of 1981 and subdivision 2 as amended by chapter 252 of the laws of 2020, are amended to read as follows: 1. Unemployment. Benefits shall be paid only to a claimant who is totally UNEMPLOYED OR PARTIALLY unemployed [and who is unable to engage in his usual employment or in any other for which he is reasonably fitted by training and experience]. A claimant who is receiving benefits under this article shall not be denied such benefits pursuant to this subdivision or to subdivision two of this section because of such claim- S. 2506--A 99 A. 3006--A ant's service on a grand or petit jury of any state or of the United States. 2. Availability, capability, and work search. No benefits shall be payable to any claimant who is not capable of work or who is not ready, willing and able to work in his or her usual employment or in any other for which he or she is reasonably fitted by training and experience and who is not actively seeking work. In order to be actively seeking work a claimant must be engaged in systematic and sustained efforts to find work. The commissioner shall promulgate regulations defining systematic and sustained efforts to find work and setting standards for the proof of work search efforts. Such regulations shall take into account the need for claimants to provide child care for their child or children, and the regulations shall ensure that such claimants are able to satisfy the standards for proof of work search efforts. THE COMMISSIONER SHALL PROMULGATE REGULATIONS DEFINING A CLAIMANT'S ELIGIBILITY FOR BENEFITS WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING AND ABLE TO WORK IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE OR SHE IS REASONABLY FITTED BY TRAINING AND EXPERIENCE. § 10. Subdivision 2 of section 592 of the labor law, as amended by chapter 415 of the laws of 1983, is amended to read as follows: 2. Concurrent payments prohibited. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE in any week [with respect to which] or [a] part [of] THEREOF, IN which a claimant has received or is seeking unemployment benefits under an unemployment compensation law of any other state or of the United States, provided that this provision shall not apply if the appropriate agency of such other state or of the United States finally determines that [he] THE CLAIMANT is not entitled to such unemployment benefits. § 11. Paragraph (a) of subdivision 1, the opening paragraph of subdi- vision 2 and subdivisions 3 and 4 of section 593 of the labor law, para- graph (a) of subdivision 1, the opening paragraph of subdivision 2 and subdivision 3 as amended by section 15 of part O of chapter 57 of the laws of 2013 and subdivision 4 as amended by chapter 589 of the laws of 1998, are amended to read as follows: (a) No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF UNEMPLOYMENT THAT OCCURS after a claim- ant's voluntary separation without good cause from employment until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. In addition to other circumstances that may be found to constitute good cause, includ- ing a compelling family reason as set forth in paragraph (b) of this subdivision, voluntary separation from employment shall not in itself disqualify a claimant if circumstances have developed in the course of such employment that would have justified the claimant in refusing such employment in the first instance under the terms of subdivision two of this section or if the claimant, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits waiver of his or her right to retain the employment when there is a temporary layoff because of lack of work, has elected to be separated for a temporary period and the employer has consented thereto. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF UNEMPLOYMENT beginning with the day on which a claimant, without good cause, refuses to accept an offer of employment for which he or she is reasonably fitted by training and experience, including employment not subject to this article, until he or she has subsequently worked in employment and earned remuneration at S. 2506--A 100 A. 3006--A least equal to ten times his or her weekly benefit rate. Except that claimants who are not subject to a recall date or who do not obtain employment through a union hiring hall and who are still unemployed after receiving ten weeks of benefits shall be required to accept any employment proffered that such claimants are capable of performing, provided that such employment would result in a wage not less than eighty percent of such claimant's high calendar quarter wages received in the base period and not substantially less than the prevailing wage for similar work in the locality as provided for in paragraph (d) of this subdivision. No refusal to accept employment shall be deemed with- out good cause nor shall it disqualify any claimant otherwise eligible to receive benefits if: 3. Misconduct. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF UNEMPLOYMENT THAT OCCURS after a claimant lost employment through misconduct in connection with his or her employment until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. 4. Criminal acts. No [days of total unemployment shall be deemed to occur during] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF UNEMPLOYMENT FOR a period of twelve months after a claimant loses employment as a result of an act constituting a felony in connection with such employment, provided the claimant is duly convicted thereof or has signed a state- ment admitting that he or she has committed such an act. Determinations regarding a benefit claim may be reviewed at any time. Any benefits paid to a claimant prior to a determination that the claimant has lost employment as a result of such act shall not be considered to have been accepted by the claimant in good faith. In addition, remuneration paid to the claimant by the affected employer prior to the claimant's loss of employment due to such criminal act may not be utilized for the purpose of establishing entitlement to a subsequent, valid original claim. The provisions of this subdivision shall apply even if the employment lost as a result of such act is not the claimant's last employment prior to the filing of his or her claim. § 12. Subdivisions 1 and 2 of section 594 of the labor law, as amended by section 16 of part O of chapter 57 of the laws of 2013, are amended to read as follows: (1) A claimant who has wilfully made a false statement or represen- tation to obtain any benefit under the provisions of this article shall forfeit benefits for at least the first [four] WEEK OF UNEMPLOYMENT but not more than the first [eighty effective days] TWENTY WEEKS OF UNEM- PLOYMENT following discovery of such offense for which he or she other- wise would have been entitled to receive benefits. Such penalty shall apply only once with respect to each such offense. (2) For the purpose of subdivision four of section five hundred ninety of this article, the claimant shall be deemed to have received benefits for such forfeited [effective days] WEEKS OF UNEMPLOYMENT. § 13. Subdivisions 1 and 4 of section 596 of the labor law, subdivi- sion 1 as amended by chapter 204 of the laws of 1982 and subdivision 4 as added by chapter 705 of the laws of 1944 and as renumbered by section 148-a of part B of chapter 436 of the laws of 1997, are amended to read as follows: 1. Claim filing and certification to unemployment. A claimant shall file a claim for benefits [at] WITH the [local state employment office serving the area in which he was last employed or in which he resides] DEPARTMENT within such time and in such manner as the commissioner shall S. 2506--A 101 A. 3006--A prescribe. [He] THE CLAIMANT shall disclose whether he OR SHE owes child support obligations, as hereafter defined. If a claimant making such disclosure is eligible for benefits, the commissioner shall notify the state or local child support enforcement agency, as hereafter defined, that the claimant is eligible. A claimant shall correctly report any [days of] employment and any compensation [he] received for such employment, including [employments] EMPLOYMENT not subject to this article, and the days on which he OR SHE was totally UNEMPLOYED OR PARTIALLY unemployed and shall make such reports in accordance with such regulations as the commissioner shall prescribe. 4. Registration and reporting for work. A claimant shall register as totally UNEMPLOYED OR PARTIALLY unemployed [at a local state employment office serving the area in which he was last employed or in which he resides] WITH THE DEPARTMENT in accordance with such regulations as the commissioner shall prescribe. After so registering, such claimant shall [report for work at the same local state employment office or otherwise] give notice of [the continuance of his] CONTINUED TOTAL OR PARTIAL unem- ployment as often and in such manner as the commissioner shall prescribe. § 14. Paragraph (a) of subdivision 2 of section 599 of the labor law, as amended by chapter 593 of the laws of 1991, is amended to read as follows: (a) Notwithstanding any other provision of this chapter, a claimant attending an approved training course or program under this section may receive additional benefits of up to [one hundred four effective days] TWENTY-SIX TIMES HIS OR HER WEEKLY BENEFIT AMOUNT following exhaustion of regular and, if in effect, any other extended benefits, provided that entitlement to a new benefit claim cannot be established. Certification of continued satisfactory participation and progress in such training course or program must be submitted to the commissioner prior to the payment of any such benefits. The [duration] AMOUNT of such additional benefits shall in no case exceed twice the [number of effective days] AMOUNT of regular benefits to which the claimant is entitled at the time the claimant is accepted in, or demonstrates application for appropriate training. § 15. The opening paragraph and paragraph (e) of subdivision 2 of section 601 of the labor law, as amended by chapter 35 of the laws of 2009, are amended to read as follows: Extended benefits shall be payable to a claimant for [effective days occurring in] any week OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT within an eligibility period, provided the claimant (e) is not claiming benefits pursuant to an interstate claim filed under the interstate benefit payment plan in a state where an extended benefit period is not in effect, except that this condition shall not apply with respect to the first [eight effective days] TWO WEEKS OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT for which extended benefits shall otherwise be payable pursuant to an interstate claim filed under the interstate benefit payment plan; and § 16. Subdivisions 3, 4 and paragraphs (b) and (e) of subdivision 5 of section 601 of the labor law, as amended by chapter 35 of the laws of 2009, are amended to read as follows: 3. Extended benefit amounts; rate and duration. Extended benefits shall be paid to a claimant (a) at a rate equal to his or her rate for regular benefits during his or her applicable benefit year but S. 2506--A 102 A. 3006--A (b) for not more than [fifty-two effective days with respect to his or her applicable benefit year, with a total maximum amount equal to] fifty percentum of the total maximum amount of regular benefits payable in such benefit year, and (c) if a claimant's benefit year ends within an extended benefit peri- od, the remaining balance of extended benefits to which he or she would be entitled, if any, shall be reduced by the [number of effective days] AMOUNT OF BENEFITS for which he or she was entitled to receive trade readjustment allowances under the federal trade act of nineteen hundred seventy-four during such benefit year, and (d) for periods of high unemployment for not more than [eighty effec- tive days with respect to the applicable benefit year with a total maxi- mum amount equal to] eighty percent of the total maximum amount of regu- lar benefits payable in such benefit year. 4. Charging of extended benefits. The provisions of paragraph (e) of subdivision one of section five hundred eighty-one of this article shall apply to benefits paid pursuant to the provisions of this section, and if they were paid for [effective days] WEEKS OF UNEMPLOYMENT occurring in weeks following the end of a benefit year, they shall be deemed paid with respect to that benefit year. However, except for governmental entities as defined in section five hundred sixty-five and Indian tribes as defined in section five hundred sixty-six of this article, only one- half of the amount of such benefits shall be debited to the employers' account; the remainder thereof shall be debited to the general account, and such account shall be credited with the amount of payments received in the fund pursuant to the provisions of the federal-state extended unemployment compensation act. Notwithstanding the foregoing, where the state has entered an extended benefit period triggered pursuant to subparagraph one of paragraph (a) of subdivision one of this section for which federal law provides for one hundred percent federal sharing of the costs of benefits, all charges shall be debited to the general account and such account shall be credited with the amount of payments received in the fund pursuant to the provisions of the federal-state extended unemployment compensation act or other federal law providing for one hundred percent federal sharing for the cost of such benefits. (b) No [days of total unemployment shall be deemed to occur in] BENE- FITS SHALL BE PAYABLE FOR any week within an eligibility period during which a claimant fails to accept any offer of suitable work or fails to apply for suitable work to which he or she was referred by the commis- sioner, who shall make such referral if such work is available, or during which he or she fails to engage actively in seeking work by making a systematic and sustained effort to obtain work and providing tangible evidence of such effort, and until he or she has worked in employment during at least four subsequent weeks and earned remuneration of at least four times his or her benefit rate. (e) No [days of total unemployment] BENEFITS shall be [deemed to occur in] PAYABLE FOR any week within an eligibility period under section five hundred ninety-three of this [article] TITLE, until he or she has subse- quently worked in employment in accordance with the requirements set forth in section five hundred ninety-three of this [article] TITLE. § 17. Section 603 of the labor law, as amended by section 21 of part O of chapter 57 of the laws of 2013, is amended to read as follows: § 603. Definitions. For purposes of this title: "Total unemployment" AND "PARTIAL UNEMPLOYMENT" shall [mean the total lack of any employment on any day,] HAVE THE SAME MEANINGS AS DEFINED IN THIS ARTICLE, other than with an employer applying for a shared work program. "Work force" S. 2506--A 103 A. 3006--A shall mean the total work force, a clearly identifiable unit or units thereof, or a particular shift or shifts. The work force subject to reduction shall consist of no less than two employees. § 18. Severability. If any amendment contained in a clause, sentence, paragraph, section or part of this act shall be adjudged by the United States Department of Labor to violate requirements for maintaining bene- fit standards required of the state in order to be eligible for any financial benefit offered through federal law or regulation, such amend- ments shall be severed from this act and shall not affect, impair or invalidate the remainder thereof. § 19. This act shall take effect one year after the date on which it shall have become a law; provided that the amendments to subdivisions 1 and 2 of section 591 of the labor law made by section eight of this act shall be subject to the expiration and reversion of such subdivisions pursuant to section 10 of chapter 413 of the laws of 2003, as amended, when upon such date the provisions of section nine of this act shall take effect. PART U Section 1. Section 577 of the private housing finance law is amended by adding a new subdivision 2-a to read as follows: 2-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA- RY, A PROJECT OF A HOUSING DEVELOPMENT FUND COMPANY MANAGED OR OPERATED BY A COMPANY INCORPORATED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW AND THIS ARTICLE, THAT HAS ENTERED INTO A REGULATORY AGREEMENT WITH THE COMMISSIONER OR SUPERVISORY AGENCY PURSUANT TO SECTION FIVE HUNDRED SEVENTY-SIX OF THIS ARTICLE SHALL BE EXEMPT FROM THE SALES AND COMPEN- SATING USE TAXES IMPOSED PURSUANT TO ARTICLE TWENTY-EIGHT OR TWENTY-NINE OF THE TAX LAW, AND SUCH TAX EXEMPTION SHALL CONTINUE ONLY SO LONG AS SUCH AGREEMENT IS IN FORCE AND EFFECT. § 2. This act shall take effect immediately and shall apply to projects that entered into regulatory agreements pursuant to section 576 of the private housing finance law on or after January 1, 2020. PART V Section 1. Subdivisions 5, 6, 7, 12, 13, 14, 15, 16, and 17 of section 111-h of the social services law are REPEALED, subdivisions 18, 19, and 20 are renumbered subdivisions 12, 13, and 14 and three new subdivisions 5, 6, and 7 are added to read as follows: 5. EXCEPT AS PROVIDED IN SUBDIVISION SIX OF THIS SECTION, ANY FUNDS PAID TO A SUPPORT COLLECTION UNIT ESTABLISHED BY A SOCIAL SERVICES DISTRICT WHICH HAVE NOT BEEN DISBURSED AFTER TWO YEARS OF DILIGENT EFFORTS TO LOCATE THE PERSON ENTITLED TO SUCH FUNDS SHALL BE PAID TO THE STATE COMPTROLLER IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION UNLESS INFORMATION HAS BEEN RECEIVED THAT IS LIKELY TO LEAD TO THE LOCATION OF THE PERSON WHO IS ENTITLED TO SUCH FUNDS; PROVIDED, HOWEVER, WHERE THE SUPPORT COLLECTION UNIT DETERMINES THAT THE PERSON ENTITLED TO THE FUNDS IS DECEASED AND CANNOT LOCATE AN ESTATE FOR THE PERSON ENTI- TLED TO THE FUNDS, OR THE ESTATE DOES NOT CLAIM THE FUNDS, SUCH FUNDS MAY BE PAID TO THE STATE COMPTROLLER IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION WITHOUT TWO YEARS OF DILIGENT EFFORTS. 6. ANY FUNDS PAID TO A SUPPORT COLLECTION UNIT ESTABLISHED BY A SOCIAL SERVICES DISTRICT FOR WHICH THE REMITTER OF SUCH FUNDS HAS NOT PROVIDED SUFFICIENT IDENTIFYING INFORMATION TO ASSOCIATE THE FUNDS WITH AN EXIST- S. 2506--A 104 A. 3006--A ING OR PREVIOUSLY EXISTING CHILD SUPPORT ACCOUNT, AND SUCH INFORMATION CANNOT BE DETERMINED AFTER DILIGENT EFFORTS, SHALL BE PAID TO THE STATE COMPTROLLER IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION. 7. IN THE MONTH OF APRIL, ON OR BEFORE THE TENTH DAY THEREOF, SUCH PAYMENT SHALL BE DELIVERED TO THE STATE COMPTROLLER PURSUANT TO SECTION THIRTEEN HUNDRED EIGHTEEN OF THE ABANDONED PROPERTY LAW, AND SHALL BE ACCOMPANIED BY A WRITTEN REPORT, AFFIRMED AS TRUE AND ACCURATE UNDER THE PENALTY OF PERJURY, CLASSIFIED AS THE STATE COMPTROLLER SHALL PRESCRIBE, SETTING FORTH: (A) THE NAMES AND LAST KNOWN ADDRESSES, IF ANY, OF THE PERSONS ENTI- TLED TO RECEIVE SUCH ABANDONED PROPERTY; (B) THE TITLE OF ANY PROCEEDING RELATING TO SUCH ABANDONED PROPERTY; AND (C) SUCH OTHER IDENTIFYING INFORMATION AS THE STATE COMPTROLLER MAY REQUIRE. § 2. Paragraph (c) of subdivision 1 of section 600 of the abandoned property law is REPEALED. § 3. Subdivision 3 of section 602 of the abandoned property law is REPEALED. § 4. The abandoned property law is amended by adding a new section 1318 to read as follows: § 1318. UNCLAIMED SPOUSAL AND CHILD SUPPORT. ANY AMOUNT REPRESENTING CHILD SUPPORT OR CHILD AND SPOUSAL SUPPORT PAID TO A SUPPORT COLLECTION UNIT ESTABLISHED BY A SOCIAL SERVICES DISTRICT WHICH HAS BEEN DELIVERED TO THE STATE COMPTROLLER PURSUANT TO SUBDIVISION SEVEN OF SECTION ONE HUNDRED ELEVEN-H OF THE SOCIAL SERVICES LAW SHALL BE DEEMED ABANDONED PROPERTY. ON OR BEFORE THE TENTH DAY OF APRIL IN EACH YEAR, SUCH ABAN- DONED PROPERTY SHALL BE PAID TO THE STATE COMPTROLLER. SUCH PAYMENT SHALL BE ACCOMPANIED BY A VERIFIED WRITTEN REPORT IN SUCH FORM AS THE STATE COMPTROLLER MAY PRESCRIBE. § 5. Subparagraph (b) of paragraph 1 of subdivision 4 of section 240 of the domestic relations law, as added by chapter 398 of the laws of 1997, is amended to read as follows: (b) The party filing the specific written objections shall bear the burden of going forward and the burden of proof; provided, however, that if the support collection unit has failed to provide the documentation and information required by FORMER subdivision fourteen of section one hundred eleven-h of the social services law, the court shall first require the support collection unit to furnish such documents and infor- mation to the parties and the court. § 6. Subparagraph 2 of paragraph b of subdivision 3 of section 413 of the family court act, as added by chapter 398 of the laws of 1997, is amended to read as follows: (2) The party filing the specific written objections shall bear the burden of going forward and the burden of proof; provided, however, that if the support collection unit has failed to provide the documentation and information required by FORMER subdivision fourteen of section one hundred eleven-h of the social services law, the court shall first require the support collection unit to furnish such documents and infor- mation to the parties and the court. § 7. Paragraph (a) of subdivision 13, subdivisions 16 and 17 of section 111-b of the social services law, paragraph (a) of subdivision 13 as added by chapter 59 of the laws of 1993, subdivision 16 as added by chapter 706 of the laws of 1996, paragraph (a) of subdivision 16 as amended by chapter 139 of the laws of 1999 and subdivision 17 as added by chapter 398 of the laws of 1997, are amended to read as follows: S. 2506--A 105 A. 3006--A (a) The commissioner shall enter into the agreement provided for in section one hundred seventy-one-g of the tax law and is authorized to furnish to the commissioner of taxation and finance any information, and to take such other actions, as may be necessary to carry out the agree- ment provided for in such section, for the purpose of reviewing support orders pursuant to FORMER subdivision twelve of section one hundred eleven-h of this title. 16. Bureaus of special hearings; child support unit. (a) The depart- ment is authorized to establish a bureau of special hearings; child support unit solely for the purposes of providing administrative law judges to decide objections to the determination of a support collection unit to refer an obligor's arrears to the department of taxation and finance for collection pursuant to subdivision [nineteen] THIRTEEN of section one hundred eleven-h of this title. The administrative law judg- es employed by the unit shall serve exclusively within the unit and shall not be utilized for any purpose other than those described in this subdivision and shall be salaried employees of the department and shall not be removed from such unit except for cause. (b) The unit shall review a support collection unit's denial of a challenge made by a support obligor pursuant to paragraph two of subdi- vision [nineteen] THIRTEEN of section one hundred eleven-h of this title if objections thereto are filed by a support obligor who has received notice that the department intends to notify the department of taxation and finance to collect such support obligor's support arrears. Specific written objections to a support collection unit's denial must be submit- ted by the support obligor to the unit within thirty days of the date of the notice of the support collection unit's denial. A support obligor who files such objections shall serve a copy of the objections upon the support collection unit, which shall have ten days from such service to file a written rebuttal to such objections and a copy of the record upon which the support collection unit's denial was made, including all documentation submitted by the support obligor. Proof of service shall be filed with the unit at the time of filing of objections and any rebuttal. The unit's review shall be based solely upon the record and submissions of the support obligor and the support collection unit upon which the support collection unit's denial was made. Within fifteen days after the rebuttal, if any, is filed, an administrative law judge of the unit shall (i) deny the objections and remand to the support collection unit or (ii) affirm the objections if the administrative law judge finds the determination of the support collection unit is based upon an erro- neous determination of fact by the support collection unit. Such deci- sion shall pertain solely to the mistaken identity of the obligor, a prejudicial error in the calculation of the obligor's arrears, the obligor's financial exemption from collection of support arrears by the department of taxation and finance or the absence of an underlying court order establishing arrears to support eligibility for such enforcement. Upon an affirmation of the objections the administrative law judge shall direct the support collection unit not to notify the department of taxa- tion and finance of their authority to collect the support obligor's arrears. Provisions set forth in this subdivision relating to procedures for hearing objections by the unit shall apply solely to such cases and not affect or modify any other procedure for review or appeal of admin- istrative enforcement of child support requirements. The decision of the administrative law judge pursuant to this section shall be final and not reviewable by the commissioner, and shall be reviewable only pursuant to article seventy-eight of the civil practice law and rules. S. 2506--A 106 A. 3006--A 17. Special services for review and adjustment. The department shall develop procedures for and require local social services districts to dedicate special staff to the review and adjustment of child support orders entered prior to September fifteenth, nineteen hundred eighty- nine on behalf of children in receipt of public assistance or child support services pursuant to section one hundred eleven-g of this title. Such review and adjustment shall be performed pursuant to FORMER subdi- visions twelve, thirteen, fourteen, fifteen and sixteen of section one hundred eleven-h of this title. All such cases shall be reviewed and if necessary adjusted no later than December thirty-first, two thousand. § 8. This act shall take effect immediately; provided, however, that any funds which were deposited with the county treasurer or the commis- sioner of finance of the city of New York in accordance with section 111-h of the social services law prior to the effective date of this act shall be delivered to the state comptroller on or before April 1, 2022 in accordance with subdivision 7 of section 111-h of the social services law, as added by section one of this act. PART W Section 1. 1. Upon the oral or written request of an employee, each employer shall provide each employee up to four hours of leave to be used for each of up to two COVID-19 vaccine injections, provided however that an employer that provides or arranges to provide a COVID-19 vacci- nation at the employee's workplace shall provide sufficient time to the employee for such vaccine injections. 2. For purposes of this act, the term "employer" has the same meaning as the term "employer" in section 190 of the labor law except that it also includes government agencies. 3. Except where prohibited by law, an employer may request documenta- tion from an employee confirming the employee's eligibility to take leave under this act before authorizing such leave. 4. Each employee shall be compensated at his or her regular rate of pay for those regular work hours during which the employee is absent from work due to leave provided by this act. 5. The leave provided by this act shall be provided without loss or reduction of an employee's accrued leave under section 196-b of the labor law or earned benefits or wage supplements subject to section 198-c of the labor law. 6. No employer or any other person, shall discharge, threaten, penal- ize, or in any other manner discriminate or retaliate against any employee because such employee has exercised his or her rights afforded under this act, consistent with and subject to the provisions of section 215 of the labor law. 7. The commissioner of labor shall have authority to adopt regu- lations, including emergency regulations, and issue guidance to effectu- ate any of the provisions of this act. Employers shall comply with regu- lations promulgated by the commissioner of labor for this purpose which may include, but is not limited to, standards for the use, payment, and employee eligibility of leave pursuant to this act. 8. The provisions of this act and any regulations adopted thereunder may be enforced by the commissioner of labor through the remedies and protections provided in, and applied to, article 6 of the labor law. 9. Nothing in this act shall be deemed to impede, infringe, diminish or impair the rights of an employee or employer under any law, rule, regulation or collectively negotiated agreement, or the rights and bene- S. 2506--A 107 A. 3006--A fits which accrue to employees through collective bargaining agreements, or otherwise diminish the integrity of the existing collective bargain- ing relationship, or to prohibit any personnel action which otherwise would have been taken regardless of any request to use, or utilization of, any leave provided by this act. § 2. This act shall take effect immediately. PART X Section 1. Section 2401 of the public authorities law is amended by adding a new undesignated paragraph to read as follows: IT IS FURTHER FOUND AND DETERMINED THAT THERE IS A SHORTAGE OF ADEQUATE FUNDS TO ASSIST IN THE NEW CONSTRUCTION OF HOUSING, INCLUDING MODULAR AND MANUFACTURED HOUSING. § 2. Subdivisions 2, 5, and 12 of section 2402 of the public authori- ties law, subdivision 2 as amended by chapter 806 of the laws of 1990, subdivision 5 as amended by chapter 151 of the laws of 2013, and subdi- vision 12 as added by chapter 915 of the laws of 1982, are amended to read as follows: (2) "Bank". Any bank or trust company, savings bank, savings and loan association, industrial bank, credit union, national banking associ- ation, federal savings and loan association, federal savings bank or federal credit union which is located in the state. The term "bank" shall also include a New York state licensed mortgage banker, or a domestic not-for-profit corporation whose public purposes include combatting community deterioration and which is an exempt organization as defined in paragraph (e) of subdivision one of section five hundred ninety of the banking law, or an entity exempt from licensing provisions in accordance with paragraph (a) of subdivision two of SUCH section [five hundred ninety of such law], which in any such case is approved as a mortgage lender by the Federal National Mortgage Association or by the Federal Home Loan Mortgage Corporation, OR DOMESTIC NOT-FOR-PROFIT CORPORATIONS THAT ARE CERTIFIED BY THE UNITED STATES DEPARTMENT OF TREA- SURY AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS OR LICENSED BY THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES. (5) "Mortgage". A loan owed to a bank secured by a first lien on a fee simple or leasehold estate in real property located in the state and improved by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE SHALL BE CONSTRUCTED USING THE PROCEEDS OF SUCH LOAN, whether or not insured or guaranteed by the United States of America or any agency thereof. The term "mortgage" shall also include a loan owed to a bank secured by a second lien on a fee simple or leasehold estate in real property located in the state and improved by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE SHALL BE CONSTRUCTED USING THE PROCEEDS OF THE RELATED LOAN DESCRIBED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVI- SION, whether or not insured or guaranteed by the United States of Amer- ica or any agency thereof, provided, however, that such second lien: (a) secures a loan purchased by the agency, and (b) is made at the same time as a first lien securing a loan purchased by the agency pursuant to its programs or by a government sponsored enterprise or is made at the same time as a new housing loan purchased by the agency pursuant to section twenty-four hundred five-c of this part. The term "mortgage" shall also include loans made by the agency and secured by a second lien on a fee simple or leasehold estate in real property located in the state and improved by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE SHALL BE CONSTRUCTED USING THE PROCEEDS OF SUCH LOAN, whether or not S. 2506--A 108 A. 3006--A insured or guaranteed by the United States of America or any agency thereof, provided however, that the loan made by the agency and secured by such second lien is made at the same time as a first lien securing a mortgage loan purchased by the agency pursuant to its programs or by a government sponsored enterprise. In the case of any second lien purchased or made hereunder, the mortgagor shall be obligated to contribute from his or her own verifiable funds an amount not less than such percentage as the agency shall determine, of the lower of the purchase price or appraised value of the property subject to the first lien. "Real property" as used in this subdivision shall include air rights. For the purposes of this title and of [section one hundred ninety and subsection (a) of section one thousand four hundred fifty-six] SUBDIVI- SION TEN OF SECTION TWO HUNDRED TEN-B of the tax law, "mortgage" shall include housing loans as defined below. Except for the purposes of subdivision seven of section [two thousand four] TWENTY-FOUR hundred five and subdivision eight of section two thousand four hundred five-b of this part, "mortgage" shall also include a loan owed to a bank by an individual borrower incurred for the purpose of financing the purchase of certificates of stock or other evidence of ownership of an interest in, and a proprietary lease from, a cooperative housing corporation formed for the purpose of the cooperative ownership of residential real estate in the state, secured by an assignment or transfer of the bene- fits of such cooperative ownership, and containing such terms and condi- tions as the agency may approve. (12) "Forward commitment mortgage". A mortgage, WHICH INCLUDES NEW CONSTRUCTION LOANS, for which a commitment to advance funds is made not earlier than the date the agency issues an invitation to purchase mort- gages or such later date as specified in the invitation. A mortgage made in satisfaction of the obligation of a bank under section twenty-four hundred five of this [title] PART is not a forward commitment mortgage. § 3. Subdivisions 7 and 14 of section 2404 of the public authorities law, subdivision 7 as amended by chapter 782 of the laws of 1992, and subdivision 14 as added by chapter 612 of the laws of 1970, are amended to read as follows: (7) To (a) acquire, and contract to acquire, existing mortgages owned by banks and to enter into advance commitments to banks for the purchase of said mortgages, all subject to the provisions of section [two thou- sand four] TWENTY-FOUR hundred five of this [title] PART, (b) acquire, and contract to acquire, forward commitment mortgages made by banks and to enter into advance commitments to banks for the purchase of said mortgages, all subject to the provisions of section [two thousand four] TWENTY-FOUR hundred five-b of this [title] PART, (c) acquire, and contract to acquire, new housing loans made by banks and to enter into advance commitments to banks for the purchase of said housing loans, all subject to the provisions of section [two thousand four] TWENTY-FOUR hundred five-c of this [title] PART, [and] (d) to acquire and contract to acquire mortgages pursuant to section twenty-four hundred five-d of this title, AND (E) ACQUIRE, AND CONTRACT TO ACQUIRE, NEW CONSTRUCTION MORTGAGE LOANS OWNED BY BANKS AND TO ENTER INTO ADVANCE COMMITMENTS TO BANKS FOR THE PURCHASE OF SUCH MORTGAGES, ALL SUBJECT TO THE PROVISIONS OF SECTION TWENTY-FOUR HUNDRED FIVE-B OF THIS PART; (14) To renegotiate, refinance or foreclose, or contract for the fore- closure of, any mortgage in default; to waive any default or consent to the modification of the terms of any mortgage; to commence any action to protect or enforce any right conferred upon it by any law, mortgage, S. 2506--A 109 A. 3006--A contract or other agreement, and to bid for and purchase such property at any foreclosure or at any other sale, or acquire or take possession of any such property; to operate, manage, lease, dispose of, and other- wise deal with such property, in such manner as [may be necessary to protect the interests of the agency and the holders of its bonds and notes] WOULD FURTHER THE PURPOSES OF THE AGENCY, SUBJECT TO ANY AGREE- MENT WITH ITS BONDHOLDERS OR NOTEHOLDERS; § 4. Subdivisions 3 and 5 and paragraphs (a), (f), and (h) of subdivi- sion 8 of section 2405-b of the public authorities law, subdivisions 3 and 5 and paragraphs (a) and (h) of subdivision 8 as added by chapter 915 of the laws of 1982, paragraph (h) of subdivision 8 as further amended by section 104 of part A of chapter 62 of the laws of 2011 and paragraph (f) of subdivision 8 as amended by chapter 432 of the laws of 2009, are amended to read as follows: (3) In conducting its program of purchasing forward commitment mort- gages, the agency shall be governed by the provisions of paragraph (b) of subdivision three of section twenty-four hundred five of this [title] PART; HOWEVER, WITH RESPECT TO NEW CONSTRUCTION LOANS, THE AGENCY SHALL BE GOVERNED BY THE PROVISIONS OF ONLY SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION TWENTY-FOUR HUNDRED FIVE OF THIS PART. (5) Notwithstanding the maximum interest rate, if any, fixed by section 5-501 of the general obligations law or any other law not specifically amending or applicable to this section, the agency may set the interest rate to be borne by forward commitment mortgages purchased by the agency from banks at a rate or rates which the agency from time to time shall determine [to], PROVIDED HOWEVER, THAT IF SUCH MORTGAGES ARE FINANCED THROUGH THE ISSUANCE OF THE AGENCY'S BONDS OR NOTES, THE INTEREST RATE SHALL be at least sufficient, together with any other available monies, to provide for the payment of its bonds and notes, and forward commitment mortgages bearing such interest rate shall not be deemed to violate any such law or to be unenforceable if originated by a bank in good faith pursuant to an undertaking with the agency with respect to the sale thereof notwithstanding any subsequent failure of the agency to purchase the mortgage or any subsequent sale or disposi- tion of the mortgage by the agency to such bank or any other person. (a) OTHER THAN WITH RESPECT TO NEW CONSTRUCTION LOANS, the mortgage was not made in satisfaction of an obligation of the bank under section twenty-four hundred five of this [title] PART; (f) the mortgage constitutes a valid first lien, or second lien WITH RESPECT TO MORTGAGES OTHER THAN NEW CONSTRUCTION LOANS, on the real property described to the agency in accordance with subdivision five of section twenty-four hundred two of this part subject only to real prop- erty taxes not yet due, installments of assessments not yet due, and easements and restrictions of record which do not adversely affect, to a material degree, the use or value of the real property or improvements thereon; (h) the improvements to, OR NEW CONSTRUCTION OF, the mortgaged real property are covered by a valid and subsisting policy of insurance issued by a company authorized by the superintendent of financial services to issue such policies in the state of New York and providing fire and extended coverage to an amount not less than eighty percent of the insurable value of the improvements to, OR NEW CONSTRUCTION OF, the mortgaged real property. § 5. This act shall take effect immediately; provided, however, that: S. 2506--A 110 A. 3006--A a. the amendments to subdivisions 2, 5 and 12 of section 2402 of the public authorities law made by section two of this act shall not affect the expiration of such subdivisions and shall be deemed to expire there- with; b. the amendments to subdivision 7 of section 2404 of the public authorities law made by section three of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith; and c. the amendments to section 2405-b of the public authorities law made by section four of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART Y Section 1. Prohibited fees or charges. Notwithstanding any other provision of law, no landlord, lessor, sub-lessor or grantor of a resi- dential dwelling shall demand or be entitled to any payment, fee or charge for late payment of rent from the period of March 20, 2020 until May 1, 2021. § 2. Security deposits. Notwithstanding any other provision of law, landlords and tenants or licensees of residential properties may, upon the consent of the tenant or licensee, enter into a written agreement by which the security deposit and any interest which accrued or should have accrued thereof, shall be used to pay rent that is in arrears or will become due. a. If the amount of the deposit represents less than a full month rent payment, then such agreement shall not constitute a waiver of the remaining rent due and owing for that month. b. Execution in counterpart by email will constitute sufficient execution for consent. c. Landlords shall provide such relief to tenants or licensees who so request it on or before May 1, 2021, provided that such tenants or licensees complete a "Hardship Declaration" as defined by Part A of chapter 381 of the laws of 2020 also known as the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020." Landlords shall provide the hardship declaration, in English and the tenant's primary language if such translation is made available by the Office of Court Administration, to tenants and licensees who request relief pursuant to this act. d. Utilization of such security deposit shall be at the tenant or licensee's sole option and landlords shall not harass, threaten or engage in any harmful act to compel such agreement. e. Any security deposit used as a payment of rent shall be replenished by the tenant or licensee, to be paid at the rate of 1/12 the amount used as rent per month. The payments to replenish the security deposit shall commence no earlier than June 1, 2021, but which may be extended upon agreement by the parties. No landlord shall require interest payments to be made as part of or in addition to the repayment schedule as set forth in this paragraph. f. The tenant or licensee may, at their sole option, retain insurance that provides relief for the landlord in lieu of the monthly security deposit replenishment. The landlord, must, if offered, accept such insurance as replenishment. § 3. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after May 7, 2020. S. 2506--A 111 A. 3006--A PART Z Section 1. This part enacts into law major components of legislation which are related to making child care more affordable for low-income families and easing administrative burdens for the child care workforce. Each component is wholly contained within a Subpart identified as Subparts A and B. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes reference to a section of "this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section two contains a severability clause for all provisions contained in each subpart of this Part. Section three of this act sets forth the general effective date of this Part. SUBPART A Section 1. Subdivision 8 of section 410-w of the social services law, as added by chapter 144 of the laws of 2015, is amended to read as follows: 8. Notwithstanding any other provision of law, rule or regulations to the contrary, a social services district that implements a plan amend- ment to the child care portion of its child and family services plan, either as part of an annual plan update, or through a separate plan amendment process, where such amendment reduces eligibility for, or increases the family share percentage of, families receiving child care services, or that implements the process for closing child care cases as set forth in the district's approved child and family services plan, due to the district determining that it cannot maintain its current caseload because all of the available funds are projected to be needed for open cases, shall provide all families whose eligibility for child care assistance or family share percentage will be impacted by such action with at least thirty days prior written notice of the action. PROVIDED, HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS TITLE SHALL NOT BE REQUIRED TO CONTRIBUTE MORE THAN TWENTY PERCENT OF THEIR INCOME EXCEEDING THE STATE INCOME STANDARD. § 2. Subdivision 6 of section 410-x of the social services law, as added by section 52 of part B of chapter 436 of the laws of 1997, is amended to read as follows: 6. Pursuant to department regulations, child care assistance shall be provided on a sliding fee basis based upon the family's ability to pay; PROVIDED, HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS TITLE SHALL NOT BE REQUIRED TO CONTRIBUTE MORE THAN TWENTY PERCENT OF THEIR INCOME EXCEEDING THE STATE INCOME STANDARD. § 3. This act shall take effect immediately. SUBPART B Section 1. Paragraph (a) of subdivision 2 of section 390-a of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows: (a) review and evaluate the backgrounds of and information supplied by any person applying to be a child day care center or school-age child care program employee or volunteer or group family day care assistant, a S. 2506--A 112 A. 3006--A provider of family day care or group family day care, or a director of a child day care center, head start day care center or school-age child care program. Such procedures shall include but not be limited to the following requirements: that the applicant set forth his or her employ- ment history[, provide personal and employment references]; submit such information as is required for screening with the statewide central register of child abuse and maltreatment in accordance with the provisions of section four hundred twenty-four-a of this article; [sign a sworn statement indicating whether, to the best of his or her know- ledge, he or she has ever been convicted of a crime in this state or any other jurisdiction;] and provide his or her fingerprints for submission to the division of criminal justice services in accordance with the provisions of section three hundred ninety-b of this title; § 2. The opening paragraph of paragraph (b) of subdivision 2 of section 390-b of the social services law, as added by section 9 of part H of chapter 56 of the laws of 2019, is amended to read as follows: notwithstanding any other provision of law to the contrary, [prior to October first, two thousand twenty,] all clearances listed in subdivi- sion one of this section that have not previously been conducted pursu- ant to paragraph (a) of this subdivision and for which on-going criminal history results are not already provided, shall be conducted in accord- ance with a schedule developed by the office of children and family services, for all: § 3. Subparagraphs (i) and (iv) of paragraph (d) of subdivision 3-a of section 390-b of the social services law, as added by section 9 of part H of chapter 56 of the laws of 2019, are amended to read as follows: (i) Where a clearance conducted pursuant to this section reveals that an applicant to be the operator or director of a child day care program, or applicant to be a caregiver, or anyone who is not related in any way to all children for whom child care services will be provided, resides in the home over the age of eighteen where child day care is proposed to be provided to children in a home-based setting has been charged with a crime, the office of children and family services shall hold the appli- cation in abeyance until the charge is finally resolved; PROVIDED, HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE THE APPLICATION PRIOR TO RESOLUTION OF THE CHARGE IF A CONVICTION ON THE CHARGE WOULD NOT RESULT IN THE INDIVIDUAL, PROGRAM, OR PROVIDER BEING DEEMED INELIGIBLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION. (iv) Where a clearance conducted pursuant to this section reveals that an applicant to be an employee or volunteer with the potential for unsu- pervised contact with children of a child day care program or enrolled legally-exempt provider has been charged with a crime, the office shall hold the application in abeyance until the charge is finally resolved; PROVIDED, HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE THE APPLICATION PRIOR TO RESOLUTION OF THE CHARGE IF A CONVICTION ON THE CHARGE WOULD NOT RESULT IN THE EMPLOYEE OR VOLUNTEER BEING DEEMED INELIGIBLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION. § 4. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 1 of section 424-a of the social services law, as amended by section 14 of part H of chapter 56 of the laws of 2019, are amended to read as follows: (ii) A licensing agency shall inquire of the office whether an appli- cant for a certificate, license or permit to operate a child care program including a family day care home, group family day care home, child care center, school age child care program, or enrolled legally exempt provider or an employee, volunteer or applicant to be an employee S. 2506--A 113 A. 3006--A or volunteer in such program who has potential for regular and substan- tial contact with children in the program, is the confirmed subject of an indicated child abuse report maintained by the statewide central register of child abuse and maltreatment; PROVIDED, HOWEVER, THAT A LICENSING AGENCY MAY, BUT IS NOT REQUIRED TO, SUBMIT AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH IF SUCH INDIVIDUAL HAS BEEN THE SUBJECT OF AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH WITHIN THE LAST FIVE YEARS AND HAS MAINTAINED A ROLE IN ONE OR MORE CHILD CARE PROGRAMS DURING SUCH FIVE- YEAR PERIOD WITHOUT A BREAK IN TIME WHERE SUCH INDIVIDUAL CEASED TO PLAY A ROLE IN ANY CHILD CARE PROGRAM OF NOT MORE THAN ONE HUNDRED EIGHTY CONSECUTIVE DAYS. The office shall promulgate regulations related to the process by which providers and applicants will be informed whether the applicant is authorized or unauthorized to care for children based on the outcome of such inquiry. (iii) A licensing agency shall inquire of the office whether any person age eighteen or older who is not related in any way to all chil- dren for whom care is provided that resides on the premises of where child care is provided in a setting that is not the child's own home by an enrolled legally-exempt provider as such term is defined in subdivi- sion one-a of section three hundred ninety-b of this [chapter] ARTICLE is the confirmed subject of an indicated child abuse report maintained by the statewide central register of child abuse and maltreatment; PROVIDED, HOWEVER, THAT A LICENSING AGENCY MAY, BUT IS NOT REQUIRED TO SUBMIT AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH IF SUCH INDIVIDUAL HAS BEEN THE SUBJECT OF AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH WITHIN THE LAST FIVE YEARS AND HAS MAINTAINED A ROLE IN ONE OR MORE CHILD CARE PROGRAMS DURING SUCH FIVE-YEAR PERIOD WITHOUT A BREAK IN TIME WHERE SUCH INDIVIDUAL CEASED TO PLAY A ROLE IN ANY CHILD CARE PROGRAM OF NOT MORE THAN ONE HUNDRED EIGHTY CONSECUTIVE DAYS. The office shall promulgate regulations related to the process by which providers and applicants will be informed whether the applicant is authorized or unauthorized to care for children based on the outcome of such inquiry. § 5. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the office of children and family services is hereby authorized to promulgate such rules and regu- lations as may be necessary to implement the provisions of this act on or before such effective date. § 2. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any subpart 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 by confined in its operation to the clause, sentence, paragraph, subdi- vision, section or part contained in any subpart thereof directly involved in the controversy in which such judgment 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. § 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 AA Section 1. Legislative findings and intent. The legislature finds that the transition to the green economy and creating good paying jobs are not mutually exclusive priorities for New York State. In order to make S. 2506--A 114 A. 3006--A this transition and achieve the ambitious goals set forth in the Climate Leadership and Community Protection Act, a clear focus on prioritizing renewable energy sources is necessary. However, the workers who will build the infrastructure of the green economy must not be left behind. Setting clear standards for job quality will ensure the creation of good jobs, protect workers in the ongoing transition of our energy sector, and result in positive economic impacts. Due to such findings, the legislature hereby declares that the mandate of prevailing wage or project labor agreements for construction work and engineering and consulting services performed in connection with the installation of renewable energy systems provided in this bill will ensure that workers are central to New York State's transition to the green economy. § 2. 1. (a) For purposes of this act, a "covered renewable energy project" means construction work and engineering and consulting services performed under contract which is paid for in whole or in part out of public funds as such term is defined in this section where the amount of all such public funds, when aggregated, is at least thirty percent of the total construction project costs, in connection with either: (i) the installation of a renewable energy system, as such term is defined in section 66-p of the public service law, with a capacity over twenty-five megawatts alternating current and with a total project cost of over ten million dollars; or (ii) the installation of a solar energy system with a capacity over five megawatts alternating current and with a total project cost of over five million dollars. (b) For purposes of this act, a covered renewable energy project shall exclude construction work performed under a pre-hire collective bargain- ing agreement between an owner or contractor and a bona fide building and construction trade labor organization which has established itself as the collective bargaining representative for all persons who will perform work on such a project, and which provides that only contractors and subcontractors who sign a pre-negotiated agreement with the labor organization can perform work on such a project, or construction work performed under a labor peace agreement, project labor agreement, or any other construction work performed under an enforceable agreement between an owner or contractor and a bona fide building and construction trade labor organization. (c) For purposes of this act, "paid for in whole or in part out of public funds" shall mean (i) the payment of money, by a public entity, or a third party acting on behalf of and for the benefit of a public entity, directly to or on behalf of the contractor, subcontractor, developer or owner that is not subject to repayment, including, without limitation, grants, incentives, the procurement of renewable energy credits, or loans to be repaid only on a contingent basis; or (ii) savings achieved from fees, rents, interest rates, or other loan costs, or insurance costs that are lower than market rate costs by virtue of the involvement of a public entity. 2. Notwithstanding part FFF of chapter 58 of the laws of 2020 that established prevailing wage for construction work done under contract which is paid for in whole or in part out of public funds, a covered renewable energy project shall be subject to prevailing wage require- ments in accordance with sections 220 and 220-b of the labor law. Noth- ing herein shall be construed to require the payment of prevailing wage or require a project labor agreement for a renewable energy project which is paid for with solely private funds, by private entities. S. 2506--A 115 A. 3006--A 3. For purposes of this act, the "fiscal officer" shall be deemed to be the commissioner of labor. 4. The enforcement of any covered renewable energy project pursuant to this act shall be subject only to the requirement of sections 220, 220-b, and 224-b of the labor law and within the jurisdiction of the fiscal officer; provided, however, nothing contained in this act shall be deemed to construe any covered renewable energy project as otherwise being considered public work pursuant to article 8 of the labor law. 5. The fiscal officer may issue rules and regulations governing the provisions of this act. Violations of this act shall be grounds for determinations and orders pursuant to section 220-b of the labor law. § 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, or section 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, or section thereof directly involved in the controversy in which such judgment 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. § 4. This act shall take effect on January 1, 2022 and shall apply to covered renewable energy projects that begin on or after that date. PART BB Section 1. The state finance law is amended by adding a new section 99-ii to read as follows: § 99-II. EMERGENCY RENTAL ASSISTANCE LOCAL GOVERNMENT ALLOCATION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP- TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A TRUST AND AGENCY FUND KNOWN AS THE "EMERGENCY RENTAL ASSISTANCE LOCAL GOVERNMENT ALLO- CATION FUND". 2. SUCH FUND SHALL CONSIST OF MONIES RECEIVED IN TRUST FROM UNITS OF LOCAL GOVERNMENT FROM THE ALLOCATIONS THAT SUCH UNITS OF LOCAL GOVERN- MENT RECEIVED FROM THE UNITED STATES TREASURY FOR EMERGENCY RENTAL ASSISTANCE FUNDING ENACTED IN PUBLIC LAW 116-260 AND ANY AMENDMENTS THERETO. 3. THE MONIES OF THE FUND SHALL BE PAID, WITHOUT APPROPRIATION, TO PROVIDE RENTAL ASSISTANCE FOR RESIDENTS OF THE RESPECTIVE LOCAL GOVERN- MENT UNIT FROM WHICH THE MONIES WERE RECEIVED IN ACCORDANCE WITH PUBLIC LAW 116-260 AND ANY AMENDMENTS THERETO AND PURSUANT TO A PLAN APPROVED BY THE DIRECTOR OF THE BUDGET. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. PART CC Section 1. Subdivisions 3 and 4 of section 581-a of the labor law, as amended by chapter 21 of the laws of 2021, are amended to read as follows: 3. Notwithstanding the provisions of section five hundred eighty-one of this title to the contrary, AND FOR THE PURPOSE OF RESPONDING TO THE COVID-19 PANDEMIC, any employer whose employees receive payments under this article [and whose claims for unemployment insurance arise due to the closure of the employer or a reduction in the workforce of the employer for reasons related to the COVID-19 pandemic, or due to a S. 2506--A 116 A. 3006--A mandatory order of a government entity duly authorized to issue such order to close such employer due to the COVID-19 pandemic,] FOR UNEM- PLOYMENT CLAIMS MADE on or after March [twelfth] NINTH, two thousand twenty AND THROUGH THE DURATION OF THE STATE DISASTER EMERGENCY DECLARED BY EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOUSAND TWENTY AND ANY FURTHER AMENDMENTS OR MODIFICATIONS THERETO, shall not have included in their experience rating charges the amounts so paid to the employees from the fund. SUCH CHARGES, IF NOT REIMBURSED, IN WHOLE OR IN PART BY THE FEDERAL GOVERNMENT, SHALL BE MADE TO THE GENERAL ACCOUNT FOR THE FUND CREATED BY SECTION FIVE HUNDRED FIFTY OF THIS ARTICLE. 4. The provisions of this section shall apply to an employer liable for CONTRIBUTIONS OR payments in lieu of contributions, but if the secretary of labor of the United States finds that their application to such employer does not meet the requirements of the Federal Unemployment Tax Act, such provisions shall be inoperative with respect to such employer, unless and until such finding has been set aside pursuant to a final decision issued in accordance with such judicial review proceedings as may be instituted and completed under the provisions of section thirty-three hundred ten of the Federal Unemployment Tax Act. § 2. Section 2 of chapter 21 of the laws of 2021, amending the labor law relating to prohibiting the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges, is amended to read as follows: § 2. This act shall take effect immediately [and shall expire December 31, 2021, when upon such date the provisions of this act shall be deemed repealed]. § 3. This act shall take effect immediately. § 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. § 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.
2021-S2506B - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2021-S2506B - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2021-2022 state fiscal year; relates to school contracts for excellence; provides for a pandemic adjustment payment reduction; relates to aidable transportation expenses
2021-S2506B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2506--B I N S E N A T E January 20, 2021 ___________ A BUDGET BILL, submitted by the Governor pursuant to article 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 AN ACT to amend the education law, in relation to school contracts for excellence; to amend the education law, in relation to the apportion- ment of public moneys to school districts employing eight or more teachers; to amend the education law, in relation to pandemic adjust- ment payment reduction; to amend the education law, in relation to aidable transportation expense; to amend the education law, in relation to the statewide universal full-day pre-kindergarten program; to amend the education law, in relation to moneys apportioned; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker educa- tion in New York city, in relation to reimbursement for the 2021-2022 school year; 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 withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend 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, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003, amending the education law relating to implemen- tation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof; to amend the education law, in relation to extending apportionments of public moneys to certain school districts employing eight or more teachers; to amend chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending certain provisions thereof; to amend part B of chapter 57 of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12572-04-1 S. 2506--B 2 the laws of 2008 amending the education law relating to the universal prekindergarten program, in relation to the effectiveness thereof; relates to school bus driver training; relates to special apportion- ment for salary expenses and public pension accruals; relates to authorizing the city school district of the city of Rochester to purchase certain services; relates to suballocations of appropri- ations; and relating to the support of public libraries (Part A); to amend the education law, in relation to foundation aid; creating a task force on education funding and property tax reform; to ratify and validate certain school district building projects; to legalize, vali- date, ratify and confirm certain acts relating to transportation contracts; to amend the education law, in relation to the payment of moneys due for prior years and the apportionment of moneys to school districts; providing for the increase of tuition rates; to amend the education law, in relation to special act school districts and special education; to amend the education law, in relation to the effective- ness of provisions relating to BOCES intermediate districts; to amend the education law, in relation to the salary of certain teachers providing instruction in career and technical education to school age students; to amend the real property tax law, in relation to school district unexpended surplus funds; to amend the education law, in relation to computation of resident weighted average daily attendance; to amend the education law, in relation to supplemental educational improvement grants; to amend chapter 157 of the laws of 2020 relating to authorizing the expenditure and temporary transfer of reserve funds for expenses related to COVID-19, in relation to reimbursement of such funds; to amend the education law, in relation to supplemental educa- tional improvement grants; to amend the education law, in relation to financing charter schools; to amend the education law, in relation to culturally responsive-sustaining education; to amend chapter 507 of the laws of 1974, relating to providing for the apportionment of state monies to certain nonpublic schools, to reimburse them for their expenses in complying with certain state requirements for the adminis- tration of state testing and evaluation programs and for participation in state programs for the reporting of basic educational data, in relation to the calculation of nonpublic schools' eligibility to receive aid; to repeal section 3614 of the education law relating to statements of total funding allocations; and to provide for the repeal of certain provisions of this act and the real property tax law relat- ing thereto (Part A-1); to amend the business corporation law, the partnership law and the limited liability company law, in relation to certified public accountants (Part B); intentionally omitted (Part C); to amend the education law, in relation to extending state university of New York procurement flexibility and authorizing the state univer- sity of New York to purchase services from a consortium; and to amend part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, procurement and the state university health care facilities, in relation to the effectiveness thereof (Part D); to amend the education law, in relation to tuition rates for SUNY and CUNY schools; and to amend chapter 260 of the laws of 2011, amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof (Part E); extending scholarship program eligibility for certain recipients affected by the COVID-19 pandemic (Part F); intentionally omitted S. 2506--B 3 (Part G); intentionally omitted (Part H); intentionally omitted (Part I); to amend part G of chapter 57 of the laws of 2013, amending the executive law and the social services law relating to consolidating the youth development and delinquency prevention program and the special delinquency prevention program, in relation to making such provisions permanent (Part J); to amend part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to the effectiveness thereof (Part K); to amend the social services law and the family court act, in relation to compliance with the Federal Family First Prevention Services Act (Part L); intentionally omitted (Part M); intentionally omitted (Part N); to utilize reserves in the mortgage insurance fund for various housing purposes (Part O); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part P); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the to amend the state finance law, in relation to authorizing a tax check-off for gifts to food banks (Part Q); intentionally omitted (Part R); intentionally omitted (Part S); intentionally omitted (Part T); to amend the private housing finance law, in relation to exempting certain projects from sales and compensating use taxes (Part U); to amend the social services law and the abandoned property law, in relation to the transfer of unclaimed support collections and unidentified payments; to repeal certain provisions of the social services law relating thereto; and to repeal paragraph (c) of subdivision 1 of section 600 and subdivision 3 of section 602 of the abandoned property law, relating to moneys paid to a support bureau of a family court (Part V); intentionally omitted (Part W); to amend the public authorities law, in relation to granting the state of New York mortgage agency authority to purchase mortgage loans from a broader pool of non-depository lenders, to purchase mort- gages secured by new construction loans, and modify its mortgages to assist financially distressed homeowners (Part X); intentionally omit- ted (Part Y); to amend the social services law, in relation to making child care more affordable for low-income families (Subpart A); and to amend the social services law, in relation to easing administrative burdens on child care programs and providers (Subpart B) (Part Z); to amend the labor law and the public service law, in relation to requirements for certain renewable energy systems (Part AA); inten- tionally omitted (Part BB); to amend the labor law, in relation to prohibiting the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges; and to amend chapter 21 of the laws of 2021, amending the labor law relating to prohibiting the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges, in relation to the effectiveness thereof (Part CC); to amend the public housing law and the social services law, in relation to establishing a COVID-19 emergency rental assistance program; and providing for the repeal of such provisions upon expiration thereof (Part DD); to amend the public housing law, in relation to establishing the housing access voucher program (Part EE); to amend the state finance law, in relation to five-year capital plans for the state university of New York and the city university of New S. 2506--B 4 York (Part FF); to amend the education law, in relation to state appropriations to the state university of New York and the city university of New York (Part GG); to amend the education law, in relation to providing a program fee option for graduate students (Part HH); to amend the education law, in relation to providing special programs for the screening, testing, counseling, and tutoring of, and assistance to residents of the state to assure diversity in medicine opportunity at schools of medicine of the state university of New York and the city university of New York (Part II); to amend the education law, in relation to enhancing supports and services for students with disabilities for postsecondary success (Part JJ); to amend the educa- tion law, in relation to the supervision of the manufacturing and repacking of certain medical gases or wholesaling of respiratory ther- apy agents (Part KK); to amend the education law, in relation to the tuition assistance program award, the tuition credit rate and in relation to state appropriations to the state university of New York and the city university of New York (Part LL); to amend the workers' compensation law, in relation to establishing the excluded workers fund to provide payments to workers who suffered a loss of work-relat- ed earnings or a major source of household income during a state of emergency declared by the governor and who are otherwise ineligible for unemployment insurance (Part MM); to amend the social services law, in relation to the powers of a social services official to receive and dispose of a deed, mortgage or lien (Part NN); to amend part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syra- cuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act", in relation to construction and design contracts entered into by the JSC Board; and to amend the education law, in relation to the computation of building aid for reconstruction or modernizing of no more than three projects for the third phase of the city of Syracuse cooperative school reconstruction act (Part OO); and to amend chapter 416 of the laws of 2007, establishing the city of Rochester and the board of education of the city school district of the city of Rochester school facilities modernization program act, in relation to granting further authority to the RJSCB to modernize educational facilities in the city of Rochester; and to amend the education law, in relation to building aid for certain educational facilities in the city of Rochester (Part PP) 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 necessary to implement the state education, labor, housing and family assistance budget for the 2021-2022 state fiscal year. Each component is wholly contained within a Part identified as Parts A through PP. 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, including 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. S. 2506--B 5 PART A Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 1 of part A of chapter 56 of the laws of 2020, 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 and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand thirteen--two thousand fourteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the S. 2506--B 6 expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fourteen--two thousand fifteen school year; and provided further that a school district that submitted a contract for excellence for the two thousand fifteen--two thousand sixteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand sixteen--two thou- sand seventeen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fifteen--two thousand sixteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand sixteen--two thousand seventeen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand seventeen--two thousand eighteen school year which shall, notwithstand- ing the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand sixteen--two thousand seventeen school year; and provided further that a school district that submitted a contract for excellence for the two thousand seventeen--two thousand eighteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand eighteen--two thousand nineteen 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 amount approved by the commissioner in the contract for excellence for the two thousand seven- teen--two thousand eighteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand eighteen--two thousand nineteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand nineteen--two thousand twenty school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eighteen--two thousand nineteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand nineteen--two thousand twenty school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty--two thousand twenty-one school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand nineteen--two thousand twenty school year; AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN- TY-ONE SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN S. 2506--B 7 AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMIS- SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated 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 eleven-- two thousand twelve as computed pursuant to chapter fifty-three 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 chapter fifty-three of the laws of two thousand eleven, making appropriations for the local assistance budget, including support for general support for public schools. Provided, further, that such amount shall be expended to support and maintain allowable programs and activ- ities 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. § 2. Intentionally omitted. § 3. Intentionally omitted. § 4. Intentionally omitted. § 5. Intentionally omitted. § 6. Intentionally omitted. § 7. Intentionally omitted. § 8. Intentionally omitted. § 9. Subdivision 1 of section 3602 of the education law is amended by adding a new paragraph kk to read as follows: KK. THE "FEDERAL COVID-19 SUPPLEMENTAL STIMULUS" SHALL BE EQUAL TO THE SUM OF (1) NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF FUNDS PROVIDED UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 PLUS (2) THE BASE FEDERAL ALLOCATION. FOR ELIGIBLE DISTRICTS, THE BASE FEDERAL ALLOCATION SHALL BE EQUAL TO THE PRODUCT OF NINE HUNDRED FIFTY- TWO DOLLARS AND FIFTEEN CENTS ($952.15) AND PUBLIC SCHOOL DISTRICT ENROLLMENT IN THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF THIS SUBDIVISION LESS NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRI- ATIONS ACT, 2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF FUNDS PROVIDED UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965, BUT NOT LESS THAN ZERO. DISTRICTS SHALL BE ELIGIBLE FOR THE BASE FEDERAL ALLOCATION IF THEIR COMBINED WEALTH RATIO FOR THE CURRENT YEAR COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION IS LESS THAN ONE AND FIVE TENTHS (1.5) AND THE DISTRICT IS NOT A CENTRAL HIGH SCHOOL DISTRICT. § 10. Intentionally omitted. § 11. Intentionally omitted. § 12. Intentionally omitted. § 12-a. Intentionally omitted. § 13. Intentionally omitted. § 14. Intentionally omitted. § 15. Intentionally omitted. S. 2506--B 8 § 16. Intentionally omitted. § 16-a. Intentionally omitted. § 17. Subdivision 19 of section 3602 of the education law is amended by adding a new paragraph c to read as follows: C. THE POSITIVE VALUE OF THE PANDEMIC ADJUSTMENT PAYMENT REDUCTION SHALL NOT EXCEED THE SUM OF MONEYS APPORTIONED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, THIRTY-SIX HUNDRED NINE-A, THIRTY-SIX HUNDRED NINE-B, THIRTY-SIX HUNDRED NINE-D, THIRTY-SIX HUNDRED NINE-F, AND THIR- TY-SIX HUNDRED NINE-H FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY- ONE SCHOOL YEAR FOR ANY SCHOOL DISTRICT. § 18. Intentionally omitted. § 19. Intentionally omitted. § 20. Subdivisions 6 and 7 of section 3622-a of the education law, subdivision 6 as amended by section 47 of part A of chapter 58 of the laws of 2011 and subdivision 7 as added by chapter 422 of the laws of 2004, are amended and a new subdivision 8 is added 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 if the total statewide apportionment attributable to allowable transportation 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] 7. Transportation provided pursuant to section thirty-six hundred thirty-five-b of this article; AND 8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, TRANS- PORTATION PROVIDED DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020, INCLUDING TRANSPORTATION PROVIDED DURING THE TIME PERIOD OF ANY SCHOOL BUILDING CLOSURES ORDERED PURSUANT TO EXECUTIVE ORDER 202 OF 2020 OR OTHERWISE NECESSITATED BY SUCH STATE DISASTER EMERGENCY. SUCH TRANSPORTATION SHALL INCLUDE, BUT NOT BE LIMITED TO, TRANSPORTATION OF MEALS, EDUCATIONAL MATERIALS AND SUPPLIES TO STUDENTS, AND TRANSPORTATION TO PROVIDE STUDENTS WITH INTERNET ACCESS. § 21. Intentionally omitted. § 22. Section 3623-a of the education law is amended by adding a new subdivision 4 to read as follows: 4. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE COMPUTATION OF TRANSPORTATION AID PURSUANT TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF SECTION THIR- TY-SIX HUNDRED TWO OF THIS ARTICLE, ALLOWABLE TRANSPORTATION EXPENSES SHALL ALSO INCLUDE TRANSPORTATION OPERATING EXPENSES DESCRIBED IN SUBDI- VISION ONE OF THIS SECTION AND TRANSPORTATION CAPITAL, DEBT SERVICE AND LEASE EXPENSES, AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION INCURRED DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020, INCLUDING EXPENSES INCURRED DURING THE TIME PERIOD OF ANY SCHOOL BUILDING CLOSURES ORDERED PURSUANT TO EXECUTIVE ORDER 202 OF 2020 OR OTHERWISE NECESSITATED BY SUCH STATE DISASTER EMERGENCY. SUCH EXPENSES SHALL BE ALLOWABLE TRANSPORTATION EXPENSES EVEN WHERE AIDABLE REGULAR TRANSPORTATION, AS DEFINED IN SECTION THIRTY-SIX HUNDRED TWEN- TY-TWO-A OF THIS PART, WAS NOT PROVIDED. S. 2506--B 9 § 22-a. Subdivision 8 of section 4410 of the education law, as amended by chapter 474 of the laws of 1996, is amended to read as follows: 8. Transportation. The municipality in which a preschool child resides shall, beginning with the first day of service, provide either directly or by contract for suitable transportation, as determined by the board, to and from special services or programs; provided, however, that if the municipality is a city with a population of one million or more persons the municipality may delegate the authority to provide such transporta- tion to the board; and provided further, that prior to providing such transportation directly or contracting with another entity to provide such transportation, such municipality or board shall request and encourage the parents to transport their children at public expense, where cost-effective, at a rate per mile or a public service fare estab- lished by the municipality and approved by the commissioner. Except as otherwise provided in this section, the parents' inability or declina- tion to transport their child shall in no way [effect] AFFECT the municipality's or board's responsibility to provide recommended services. Such transportation shall be provided once daily from the child care location to the special service or program and once daily from the special service or program to the child care location up to fifty miles from the child care location. If the board determines that a child must receive special services and programs at a location greater than fifty miles from the child care location, it shall request approval of the commissioner. For the purposes of this subdivision, the term "child care location" shall mean a child's home or a place where care for less than twenty-four hours a day is provided on a regular basis and includes, but is not limited to, a variety of child care services such as day care centers, family day care homes and in-home care by persons other than parents. All transportation of such children shall be provided pursuant to the procedures set forth in section two hundred thirty-six of the family court act using the date called for in the written notice of determination of the board or the date of the written notice of determination of the board, whichever comes later, in lieu of the date the court order was issued. NOTWITHSTANDING THIS SUBDIVISION OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, TRANSPORTATION EXPENSES INCURRED BY A MUNICIPALITY FOR OPERATING AND MAINTENANCE COSTS PURSUANT TO THIS SUBDIVISION DURING THE STATE DISASTER EMERGENCY DECLARED PURSU- ANT TO EXECUTIVE ORDER 202 OF 2020, INCLUDING EXPENSES INCURRED DURING THE TIME PERIOD OF ANY CLOSURES OF SPECIAL SERVICES OR PROGRAMS ORDERED PURSUANT TO EXECUTIVE ORDER 202 OF 2020 OR OTHERWISE NECESSITATED BY SUCH STATE DISASTER EMERGENCY, SHALL BE REIMBURSABLE AND CONSIDERED APPROVED COSTS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND THE REGULATIONS OF THE COMMISSIONER. § 23. Subdivision 16 of section 3602-ee of the education law, as amended by section 22 of part A of chapter 56 of the laws of 2020, is amended to read as follows: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [twenty-one] TWENTY-TWO; provided that the program shall continue and remain in full effect. § 24. Intentionally omitted. § 25. Intentionally omitted. § 26. The opening paragraph of section 3609-a of the education law, as amended by section 24 of part A of chapter 56 of the laws of 2020, is amended to read as follows: S. 2506--B 10 For aid payable in the two thousand seven--two thousand eight school year through the two thousand [twenty] TWENTY-ONE--two thousand [twen- ty-one] TWENTY-TWO school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individualized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to [subdivision] SUBDIVISIONS 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 subdivision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdivision four of section nine- ty-two-c of the state finance law, less any grants provided pursuant to subdivision five of section ninety-seven-nnnn of the state finance law, less any grants provided pursuant to subdivision twelve of section thir- ty-six hundred forty-one of this article, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first business day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this part shall apply to this section. For aid payable in the two thousand [twenty] TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "[SA202-1] SA212-2". § 27. Intentionally omitted. § 28. Intentionally omitted. § 29. Intentionally omitted. § 30. Intentionally omitted. § 31. Intentionally omitted. § 32. Intentionally omitted. § 33. Intentionally omitted. § 34. Intentionally omitted. § 35. Intentionally omitted. § 36. Intentionally omitted. § 36-a. Intentionally omitted. § 36-b. Intentionally omitted. § 37. Intentionally omitted. § 38. Intentionally omitted. § 39. 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 30 of part A of chapter 56 of the laws of 2020, is amended to read as follows: S. 2506--B 11 b. Reimbursement for programs approved in accordance with subdivision a of this section for the reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, reimbursement for the 2019--2020 school year shall not exceed 57.7 percent of the lesser of such approvable costs per contact hour or fifteen dollars sixty cents per contact hour, [and] reimbursement for the 2020--2021 school year shall not exceed 56.9 percent of the lesser of such approvable costs per contact hour or sixteen dollars and forty cents per contact hour, AND REIMBURSEMENT FOR THE 2021--2022 SCHOOL YEAR SHALL NOT EXCEED 56.0 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR SIXTEEN DOLLARS AND FORTY CENTS PER CONTACT HOUR, and 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 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school year such contact hours shall not exceed one million four hundred forty-four thou- sand four hundred forty-four (1,444,444); [and] for the 2020--2021 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); AND FOR THE 2021--2022 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED SIXTEEN THOUSAND ONE HUNDRED TWENTY-TWO (1,416,122). Notwithstanding 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 education, 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. § 40. 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 z to read as follows: Z. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2021--2022 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000). § 41. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 32 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2021] 2022. § 42. 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 section 34 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 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, [2021] 2022 when upon such date the provisions of this act shall be deemed repealed. S. 2506--B 12 § 43. 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 section 35 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 4. This act shall take effect July 1, 2002 and section one of this act shall expire and be deemed repealed June 30, 2019, and sections two and three of this act shall expire and be deemed repealed on June 30, [2021] 2022. § 44. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to the implementation of the No Child Left Behind Act of 2001, as amended by section 36 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 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, [2021] 2022. § 44-a. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 14-c of part A of chapter 56 of the laws of 2020, 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 through [two thousand twenty--two thousand twenty-one] TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO 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". § 44-b. Paragraph a-1 of subdivision 11 of section 3602 of the educa- tion law, as amended by section 32-a of part A of chapter 56 of the laws of 2020, 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 through [two thousand twenty--two thousand twenty- one] TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO, 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 equiv- alency diploma but fail to demonstrate basic educational competencies as defined in regulation by the commissioner, when measured by accepted standardized tests, and who shall be eligible to attend employment prep- aration education programs operated pursuant to this subdivision. § 44-c. Subdivision 12 of section 3602 of the education law, as amended by section 14-d of part A of chapter 56 of the laws of 2020, is amended to read as follows: 12. Academic enhancement aid. A. 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. 2506--B 13 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 article, less (ii) the total foundation aid base. B. For the two thousand nine--two thousand ten through two thousand fourteen--two thousand fifteen 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 thousand nine--two thousand ten school year and entitled "SA0910", and such apportionment shall be deemed to satisfy the state obligation to provide an apportion- ment pursuant to subdivision eight of section thirty-six hundred forty- one of this article. C. For the two thousand fifteen--two thousand sixteen year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2014-15 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand fourteen--two thousand fifteen school year and entitled "SA141-5", 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. D. For the two thousand sixteen--two thousand seventeen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2015-16 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand fifteen--two thousand sixteen school year and entitled "SA151-6", 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. E. For the two thousand seventeen--two thousand eighteen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2016-17 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand sixteen--two thousand seventeen school year and entitled "SA161-7", 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. F. For the two thousand eighteen--two thousand nineteen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2017-18 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand seventeen--two thousand eighteen school year and entitled "SA171-8", 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. G. For the two thousand nineteen--two thousand twenty school year, each school district shall be entitled to an apportionment equal to the S. 2506--B 14 amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2018-19 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand eighteen--two thousand nineteen school year and entitled "SA181-9", 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. H. For the two thousand twenty--two thousand twenty-one AND TWO THOU- SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO school [year] YEARS, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2019-20 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nineteen--two thousand twenty school year and entitled "SA192-0", 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. § 44-d. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 14-e of part A of chapter 56 of the laws of 2020, 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 through two thousand twelve--two thousand 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". Each school district shall be eligible to receive a high tax aid appor- tionment in the two thousand thirteen--two thousand fourteen through [two thousand twenty--two thousand twenty-one] TWO THOUSAND TWENTY-ONE- -TWO THOUSAND TWENTY-TWO school years equal to the greater of (1) 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 thou- sand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". § 44-e. Subparagraph (ii) of paragraph (c) of subdivision 8 of section 3602-ee of the education law, as amended by section 22-b of part A of chapter 56 of the laws of 2020, is amended to read as follows: (ii) Provided that, notwithstanding any provisions of this paragraph to the contrary, for the two thousand seventeen-two thousand eighteen through the [two thousand twenty--two thousand twenty-one] TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR school years an exemption to the S. 2506--B 15 certification requirement of subparagraph (i) of this paragraph may be made for a teacher without certification valid for service in the early childhood grades who possesses a written plan to obtain certification and who has registered in the ASPIRE workforce registry as required under regulations of the commissioner of the office of children and family services. Notwithstanding any exemption provided by this subpara- graph, certification shall be required for employment no later than June thirtieth, two thousand [twenty-one] TWENTY-FOUR; provided that for the two thousand twenty-two thousand twenty-one [school year] THROUGH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEARS, school districts with teachers seeking an exemption to the certification requirement of subparagraph (i) of this paragraph shall submit a report to the commissioner regarding (A) the barriers to certification, if any, (B) the number of uncertified teachers registered in the ASPIRE work- force registry teaching pre-kindergarten in the district, including those employed by a community-based organization, (C) the number of previously uncertified teachers who have completed certification as required by this subdivision, and (D) the expected certification completion date of such teachers. § 44-f. Subdivision a of section 5 of chapter 121 of the laws of 1996, relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, as amended by section 42-a of part A of chapter 56 of the laws of 2020, is amended to read as follows: a. Notwithstanding any other provisions of law, upon application to the commissioner of education submitted not sooner than April first and not later than June thirtieth of the applicable school year, the Roose- velt union free school district shall be eligible to receive an appor- tionment pursuant to this chapter for salary expenses, including related benefits, incurred between April first and June thirtieth of such school year. Such apportionment shall not exceed: for the 1996-97 school year through the [2020-21] 2021-22 school year, four million dollars ($4,000,000); for the [2021-22] 2022-23 school year, three million dollars ($3,000,000); for the [2022-23] 2023-24 school year, two million dollars ($2,000,000); for the [2023-24] 2024-25 school year, one million dollars ($1,000,000); and for the [2024-25] 2025-26 school year, zero dollars. Such annual application shall be made after the board of education has adopted a resolution to do so with the approval of the commissioner of education. § 44-g. Subdivision 4 of section 51 of part B of chapter 57 of the laws of 2008 amending the education law relating to the universal prek- indergarten program, as amended by section 22-a of part A of chapter 56 of the laws of 2020, is amended to read as follows: 4. section twenty-three of this act shall take effect July 1, 2008 and shall expire and be deemed repealed June 30, [2021] 2024; § 45. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2021--2022 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational 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. § 46. Special apportionment for salary expenses. a. Notwithstanding any other provision of law, upon application to the commissioner of S. 2506--B 16 education, not sooner than the first day of the second full business week of June 2022 and not later than the last day of the third full business week of June 2022, a school district eligible for an apportion- ment 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, 2022, for salary expenses incurred between April 1 and June 30, 2021 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 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 educa- tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- nation adjustment for 2011--2012 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. 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. 2506--B 17 § 47. 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, 2022, 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, 2022 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery 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. § 48. 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 2021--2022 school year, as a non-component school district, services required by article 19 of the education law. S. 2506--B 18 § 49. The amounts specified in this section shall be a set-aside from the state funds which each such district is receiving from the total foundation aid: a. for the development, maintenance or expansion of magnet schools or magnet school programs for the 2021--2022 school year. For the city school district of the city of New York there shall be a setaside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). b. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such setaside 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 associ- ated with implementation of an alternative approach to promote diversity and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substan- tial concentrations of minority students. c. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this paragraph, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance improvement and dropout prevention for the 2021--2022 school year, and 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 2021--2022 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 S. 2506--B 19 funds set aside pursuant to the requirements of this section to communi- ty-based organizations. Any increase required pursuant to this section 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 2021--2022 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion 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 distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate 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. § 50. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2021 enacting the aid to localities budget shall be apportioned for the 2021--2022 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 2021--2022 by a chapter of the laws of 2021 enacting the education, labor and fami- ly assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of educa- tion 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. § 51. 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 S. 2506--B 20 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. § 52. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2021, provided, however, that: 1. Sections one, twenty-three, twenty-six, forty-one, forty-three, forty-four, forty-four-a, forty-four-b, forty-four-c, forty-four-d, forty-four-e, forty-four-f, forty-four-g, forty-five, forty-eight and forty-nine of this act shall take effect July 1, 2021; and 2. The amendments to chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by a consortium for worker education in New York City made by sections thirty-nine and forty of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. PART A-1 Section 1. Paragraph a of subdivision 4 of section 3602 of the educa- tion law is amended by adding a new subparagraph 5 to read as follows: (5) "TOTAL FOUNDATION AID" SHALL BE EQUAL TO THE PRODUCT OF THE TOTAL AIDABLE FOUNDATION PUPIL UNITS MULTIPLIED BY THE DISTRICT'S SELECTED FOUNDATION AID. § 2. Subdivision 4 of section 3602 of the education law is amended by adding a new paragraph i to read as follows: I. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR SHALL EQUAL THE SUM OF THE TOTAL FOUNDA- TION AID BASE COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS THE GREATER OF TIERS A THROUGH H. FOR THE PURPOSES OF THIS PARAGRAPH: (I) "TIER A" SHALL BE EQUAL TO THE PRODUCT OF TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION AND TWO HUNDREDTHS (0.02). (II) "TIER B" SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) THE PRODUCT OF SIX TENTHS (0.60) MULTIPLIED BY THE TOTAL FOUNDATION AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS (2) THE TOTAL FOUN- DATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION. (III) "TIER C" SHALL BE EQUAL TO THE PRODUCT OF THE RCI PERCENT FACTOR MULTIPLIED BY THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARA- GRAPH J OF SUBDIVISION ONE OF THIS SECTION FOR ELIGIBLE DISTRICTS. DISTRICTS SHALL BE ELIGIBLE FOR TIER C IF THE PHASE-IN REMAINING FACTOR IS GREATER THAN THE RCI PERCENT FACTOR. FOR PURPOSES OF THIS PARAGRAPH, THE "RCI PERCENT FACTOR" SHALL BE EQUAL TO THE QUOTIENT OF (1) THE POSI- TIVE DIFFERENCE OF A REGIONAL COST INDEX PRODUCED IN TWO THOUSAND EIGH- TEEN REFLECTING AN ANALYSIS OF LABOR MARKET COSTS IN THE NINE LABOR FORCE REGIONS 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, LESS THE REGIONAL COST INDICES FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION DIVIDED BY (2) THE REGIONAL COST INDICES FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. FOR PURPOSES S. 2506--B 21 OF THIS PARAGRAPH, THE "PHASE-IN REMAINING FACTOR" SHALL BE EQUAL TO THE DIFFERENCE OF THE QUOTIENT OF (1) THE POSITIVE DIFFERENCE, IF ANY, OF THE TOTAL FOUNDATION AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION LESS DIVIDED BY (2) THE POSITIVE DIFFER- ENCE OF "FOUNDATION AID" UNDER THE HEADING "2007-08 ESTIMATED AIDS" IN THE COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA070-8" LESS "2010-11 TOTAL FOUNDATION AID" IN THE COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR ENTI- TLED "SA070-8", LESS ONE (1.0). (IV) "TIER D" SHALL BE EQUAL TO THE PRODUCT OF TWENTY-SIX HUNDREDTHS (0.26) MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF (1) TOTAL FOUN- DATION AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS (2) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVI- SION ONE OF THIS SECTION FOR DISTRICTS WHERE THE PHASE-IN REMAINING FACTOR IS GREATER THAN THE RCI PERCENT FACTOR AND THE RCI PERCENT FACTOR IS GREATER THAN ZERO. (V) "TIER E" SHALL BE EQUAL TO THE PRODUCT OF A CERTAIN PERCENTAGE MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF (1) TOTAL FOUNDATION AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS (2) THE TOTAL FOUN- DATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT THE CERTAIN PERCENTAGE SHALL BE FIFTY-SEVEN HUNDREDTHS (0.57) FOR CITY SCHOOL DISTRICTS OF CITIES HAVING POPULATIONS OF ONE MILLION OR MORE, FORTY-FIVE HUNDREDTHS (0.45) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED FIFTY THOUSAND BUT LESS THAN ONE MILLION AS OF THE TWO THOUSAND TEN FEDERAL DECENNIAL CENSUS; FIFTY-SEVEN HUNDREDTHS (0.57) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED THOUSAND BUT LESS THAN TWO HUNDRED FIFTY THOUSAND AS OF THE TWO THOUSAND TEN FEDERAL DECENNIAL CENSUS; FIFTY-SEVEN HUNDREDTHS (0.57) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN ONE HUNDRED FIFTY THOUSAND BUT LESS THAN TWO HUNDRED THOUSAND AS OF THE TWO THOUSAND TEN FEDERAL DECENNIAL CENSUS; FORTY-FIVE HUNDREDTHS (0.45) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN ONE HUNDRED FIFTY THOUSAND AS OF THE TWO THOUSAND TEN FEDERAL DECENNIAL CENSUS; AND TWELVE HUNDREDTHS (0.12) FOR ALL OTHER DISTRICTS. (VI) "TIER F" SHALL BE EQUAL TO THE PRODUCT OF TWENTY HUNDREDTHS (0.20) MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF (1) TOTAL FOUN- DATION AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS (2) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVI- SION ONE OF THIS SECTION FOR SMALL CITY SCHOOL DISTRICTS PURSUANT TO PARAGRAPH JJ OF SUBDIVISION ONE OF THIS SECTION. (VII) "TIER G" SHALL BE EQUAL TO THE PRODUCT OF (1) TWENTY-SEVEN HUNDREDTHS (0.27) MULTIPLIED BY (2) THE POSITIVE DIFFERENCE, IF ANY, OF TOTAL FOUNDATION AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDI- VISION ONE OF THIS SECTION, MULTIPLIED BY (3) THE PRODUCT OF THE THREE- YEAR DIRECT CERTIFICATION PERCENTAGE CALCULATED PURSUANT TO PARAGRAPH II OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY EIGHTY HUNDREDTHS (0.80) BUT NOT LESS THAN ZERO NOR GREATER THAN ONE. (VIII) "TIER H" SHALL BE EQUAL TO THE PRODUCT OF THE (1) DIRECT CERTIFICATION INDEX MULTIPLIED BY (2) FOUR HUNDRED DOLLARS ($400.00) MULTIPLIED BY (3) PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT S. 2506--B 22 TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR DISTRICTS WHERE THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION IS LESS THAN TWO AND EIGHT TENTHS (2.8). FOR PURPOSES OF THIS PARAGRAPH, THE "DIRECT CERTIFICATION INDEX" SHALL BE EQUAL TO THE THREE-YEAR DIRECT CERTIFICATION PERCENTAGE CALCULATED PURSUANT TO PARAGRAPH II OF SUBDIVI- SION ONE OF THIS SECTION DIVIDED BY THE STATEWIDE AVERAGE OF SUCH PERCENTAGE, PROVIDED THIS STATEWIDE AVERAGE FOR THE TWO THOUSAND TWEN- TY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR SHALL BE EQUAL TO FOUR HUNDRED SEVENTY-THREE THOUSANDTHS (0.473). § 2-a. Clause (ii) of subparagraph 2 of paragraph b of subdivision 4 of section 3602 of the education law, as amended by section 5-c of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: (ii) Phase-in foundation increase factor. 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), for the two thousand twelve--two thousand thirteen school year the phase-in foundation increase factor shall equal one and seven-tenths percent (0.017), for the two thousand thirteen--two thousand fourteen school year the phase-in foundation increase factor shall equal (1) for a city school district in a city having a population of one million or more, five and twenty-three hundredths percent (0.0523) or (2) for all other school districts zero percent, for the two thousand fourteen--two thousand fifteen school year the phase-in founda- tion increase factor shall equal (1) for a city school district of a city having a population of one million or more, four and thirty-two hundredths percent (0.0432) or (2) for a school district other than a city school district having a population of one million or more for which (A) the quotient of the positive difference of the foundation formula aid minus the foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by the foundation formula aid is greater than twenty-two percent (0.22) and (B) a combined wealth ratio less than thirty-five hundredths (0.35), seven percent (0.07) or (3) for all other school districts, four and thirty-one hundredths percent (0.0431), and for the two thousand fifteen--two thousand sixteen school year the phase-in foundation increase factor shall equal: (1) for a city school district of a city having a population of one million or more, thirteen and two hundred seventy-four thousandths percent (0.13274); or (2) for districts where the quotient arrived at when dividing (A) the product of the total aidable foundation pupil units multiplied by the district's selected foundation aid less the total foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by (B) the product of the total aidable founda- tion pupil units multiplied by the district's selected foundation aid is greater than nineteen percent (0.19), and where the district's combined wealth ratio is less than thirty-three hundredths (0.33), seven and seventy-five hundredths percent (0.0775); or (3) for any other district designated as high need 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", four percent (0.04); or (4) for a city school district in a city having a population of one hundred twenty-five thou- sand or more but less than one million, fourteen percent (0.14); or (5) for school districts that were designated as small city school districts S. 2506--B 23 or central school districts whose boundaries include a portion of a small city for the school aid computer listing produced by the commis- sioner in support of the enacted budget for the two thousand fourteen-- two thousand fifteen school year and entitled "SA1415", four and seven hundred fifty-one thousandths percent (0.04751); or (6) for all other districts one percent (0.01), and for the two thousand sixteen--two thousand seventeen school year the foundation aid phase-in increase factor shall equal for an eligible school district the greater of: (1) for a city school district in a city with a population of one million or more, seven and seven hundred eighty four thousandths percent (0.07784); or (2) for a city school district in a city with a population of more than two hundred fifty thousand but less than one million as of the most recent federal decennial census, seven and three hundredths percent (0.0703); or (3) for a city school district in a city with a population of more than two hundred thousand but less than two hundred fifty thou- sand as of the most recent federal decennial census, six and seventy-two hundredths percent (0.0672); or (4) for a city school district in a city with a population of more than one hundred fifty thousand but less than two hundred thousand as of the most recent federal decennial census, six and seventy-four hundredths percent (0.0674); or (5) for a city school district in a city with a population of more than one hundred twenty- five thousand but less than one hundred fifty thousand as of the most recent federal decennial census, nine and fifty-five hundredths percent (0.0955); or (6) for school districts that were designated as small city school districts or central school districts whose boundaries include a portion of a small city for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand fourteen--two thousand fifteen school year and entitled "SA141-5" with a combined wealth ratio less than one and four tenths (1.4), nine percent (0.09), provided, however, that for such districts that are also districts designated as high need urban-suburban 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", nine and seven hundred and nineteen thousandths percent (0.09719); or (7) for school districts designated as high need rural 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", thirteen and six tenths percent (0.136); or (8) for school districts designated as high need urban-suburban 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", seven hundred nineteen thousandths percent (0.00719); or (9) for all other eligible school districts, forty-seven hundredths percent (0.0047), provided further that for the two thousand seventeen--two thousand eighteen school year the foundation aid increase phase-in factor shall equal (1) for school districts with a census 2000 poverty rate computed pursuant to paragraph q of subdivision one of this section equal to or greater than twenty-six percent (0.26), ten and three-tenths percent (0.103), or (2) for a school district in a city with a population in excess of one million or more, seventeen and seventy-seven one-hundredths percent (0.1777), or (3) for a city school district in a city with a population of more than S. 2506--B 24 two hundred fifty thousand but less than one million, as of the most recent decennial census, twelve and sixty-nine hundredths percent (0.1269) or (4) for a city school district in a city with a population of more than one hundred fifty thousand but less than two hundred thou- sand, as of the most recent federal decennial census, ten and seventy- eight one hundredths percent (0.1078), or (5) for a city school district in a city with a population of more than one hundred twenty-five thou- sand but less than one hundred fifty thousand as of the most recent federal decennial census, nineteen and one hundred eight one-thousandths percent (0.19108), or (6) for a city school district in a city with a population of more than two hundred thousand but less than two hundred fifty thousand as of the most recent federal decennial census, ten and six-tenths percent (0.106), or (7) for all other districts, four and eighty-seven one-hundredths percent (0.0487), and for the two thousand [twenty] TWENTY-TWO--two thousand [twenty-one] TWENTY-THREE 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] THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE FIFTY PERCENT (0.5) AND FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE ONE HUNDRED PERCENT (1.0). § 3. Task force on education funding and property tax reform. 1. There is hereby established a task force on education funding and prop- erty tax reform in New York state within the state education department. The purpose of the task force shall be to conduct a comprehensive study and provide recommendations on education funding and the role of prop- erty taxes in funding New York's education system to ensure an effec- tive, efficient, and equitable system of funding public education. The task force shall review and offer recommendations on the following: (a) the current reliance on property taxes to fund New York's educa- tion system, including its impact on taxpayers and high-need school districts; (b) district-specific factors, such as the impact of regional costs and student need in education funding; (c) federal changes which impact property taxes, including but not limited to, the federal cap on the state and local tax deduction; (d) community and school district income and wealth as it relates to local property taxes; (e) the use of property taxes to fund education in other states; (f) spending disparities among neighboring school districts; and (g) additional relevant factors that the task force deems necessary. 2. (a) The task force shall consist of seventeen members as follows: (i) the commissioner of education or his or her designee, who shall serve as chair of the task force; (ii) four people appointed by the governor; (iii) four people appointed by the temporary president of the senate; (iv) four people appointed by the speaker of the assembly; and (v) four people appointed by the commissioner of education. (b) All appointments of members of the task force shall be made no later than thirty days after the effective date of this act. The task force may begin its duties when a majority of the total number of posi- tions have been appointed. Any vacancy shall be filled by the appointing authority. The members of the task force shall receive no compensation for their services. S. 2506--B 25 3. The task force shall make a report to the governor and legislature of its findings, conclusions and recommendations on or before December 31, 2022. § 4. Section 3614 of the education law is REPEALED. § 5. a. Notwithstanding any other provision of law to the contrary, the actions or omissions of any school district which failed to submit a final building project cost report by June thirtieth of the school year following June thirtieth of the school year in which the certificate of substantial completion of the project is issued by the architect or engineer, or six months after issuance of such certificate, whichever is later, are hereby ratified and validated, provided that such building project was eligible for aid in a year for which the commissioner of the department of education is required to prepare an estimate of apportion- ments due and owing pursuant to paragraph c of subdivision 21 of section 305 of the education law, provided further that such school district submits a final cost report on or before December 31, 2021 and such report is approved by the commissioner of education, and provided further that any amount due and payable for school years prior to the 2021-2022 school year as a result of this act shall be paid pursuant to the provisions of paragraph c of subdivision 5 of section 3604 of the education law. b. The education department is hereby directed to consider the approved costs of the aforementioned projects as valid and proper obli- gations of such school districts. § 6. a. All the acts done and proceedings heretofore had and taken or caused to be had and taken by a school district and by all officers, employees or agents of each such school district relating to or in connection with transportation contracts (1) identified by the state education department as having been filed or executed late on or before July 1, 2021, and (2) for which an aid adjustment or recovery has not been initiated by the state education department as of the effective date of this act are hereby legalized, validated, ratified and confirmed, notwithstanding any failure to comply with the contract filing provisions of the education law, other than those filing provisions defined in paragraph a of subdivision 5 of section 3604 of the education law, in relation to any omission, error, defect, irreg- ularity or illegality in such proceeding had and taken. b. The education department is hereby directed to consider the afore- mentioned contracts for transportation aid as valid and proper obli- gations of such school district. § 7. Paragraph c of subdivision 5 of section 3604 of the education law, as added by chapter 82 of the laws of 1995, is amended to read as follows: c. Payment of moneys due for prior years. State aid payments due for prior years in accordance with the provisions of this subdivision shall be paid EITHER: (I) FROM FUNDS AVAILABLE IN THE GENERAL SUPPORT FOR PUBLIC SCHOOL APPROPRIATION AS A RESULT OF THE DEDUCTION OF EXCESS PAYMENTS OF AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION; OR (II) within the limit of the appropriation designated therefor provided, however, that each eligible claim shall be payable in the order that it has been approved for payment by the commissioner, but in no case shall a single claim draw down more than forty percent of the appropriation so designated for a single year, and provided further that no claim shall be set aside for insufficiency of funds to make a complete payment, but shall be eligible for a partial payment in one year and shall retain its S. 2506--B 26 priority date status for appropriations designated for such purposes in future years. § 8. Tuition rates approved for the 2021-2022 school year for special services or programs provided to school-age students by special act school districts; approved private residential or non-residential schools for the education of students with disabilities that are located within the state; and providers of education to preschool children with disabilities pursuant to section 4410 of the education law shall provide for an increase commensurate with the total school aid increase provided to public school districts. § 9. a. Notwithstanding any provision of law or regulation to the contrary, if as a result of the state of emergency that was executed in Executive Order No. 202 on March 7, 2020, approved private schools serv- ing students with disabilities subject to articles 81 and 89 of the education law, special act school districts, state supported schools pursuant to article 85 of the education law, and approved preschool special class and special class in an integrated setting programs pursu- ant to section 4410 of the education law experienced a reduction in enrollment during the 2020-2021 school year, the per diem and/or tuition rate shall be administratively adjusted by the state education depart- ment, with no approval required by the division of the budget, so that such schools experience no financial harm for reduced enrollment. b. Notwithstanding any provision of law or regulation to the contrary, approved private schools serving students with disabilities subject to articles 81 and 89 of the education law, special act school districts, state supported schools pursuant to article 85 of the education law, and approved preschool special class and special class in an integrated setting programs pursuant to section 4410 of the education law shall experience no financial penalty or decrease in tuition rate as a result of federal aid provided to these schools or school districts in the Coronavirus Aid, Relief, and Economic Security Act of 2020, the Corona- virus Response and Relief Supplemental Appropriations Act, 2021 or other federal aid provided in 2021. § 10. Section 4004 of the education law is amended by adding a new subdivision 5 to read as follows: 5. THE BOARD OF EDUCATION OF A SPECIAL ACT SCHOOL DISTRICT SHALL BE AUTHORIZED TO ESTABLISH A FISCAL STABILIZATION RESERVE FUND. THERE MAY BE PAID INTO SUCH FUND AN AMOUNT AS MAY BE PROVIDED PURSUANT TO THE REQUIREMENTS OF PARAGRAPH K OF SUBDIVISION FOUR OF SECTION FORTY-FOUR HUNDRED FIVE OF THIS TITLE. § 10-a. Subdivision 4 of section 4405 of the education law is amended by adding a new paragraph k to read as follows: K. (I) THE TUITION METHODOLOGY ESTABLISHED PURSUANT TO THIS SUBDIVI- SION FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND ANNUALLY THEREAFTER SHALL AUTHORIZE APPROVED PRIVATE RESIDEN- TIAL OR NON-RESIDENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISA- BILITIES THAT ARE LOCATED WITHIN THE STATE, AND SPECIAL ACT SCHOOL DISTRICTS TO RETAIN FUNDS IN EXCESS OF THEIR ALLOWABLE AND REIMBURSABLE COSTS INCURRED FOR SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS. THE AMOUNT OF FUNDS THAT MAY BE ANNUALLY RETAINED SHALL NOT EXCEED ONE PERCENT OF THE SCHOOL'S OR SCHOOL DISTRICT'S TOTAL ALLOWABLE AND REIMBURSABLE COSTS FOR SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS FOR THE SCHOOL YEAR FROM WHICH THE FUNDS ARE TO BE RETAINED; PROVIDED THAT THE TOTAL ACCUMULATED BALANCE THAT MAY BE RETAINED SHALL NOT EXCEED FOUR PERCENT OF SUCH TOTAL COSTS FOR SUCH SCHOOL YEAR. FUNDS MAY BE EXPENDED ONLY PURSUANT TO AN AUTHORIZATION OF THE GOVERNING BOARD S. 2506--B 27 OF THE SCHOOL OR SCHOOL DISTRICT, FOR A PURPOSE EXPRESSLY AUTHORIZED AS PART OF THE APPROVED TUITION METHODOLOGY FOR THE YEAR IN WHICH THE FUNDS ARE TO BE EXPENDED. THE DIRECTOR OF THE BUDGET, IN CONSULTATION WITH THE COMMISSIONER, SHALL ESTABLISH THE AUTHORIZED USES FOR THE EXPENDITURES OF SUCH FUNDS AS PART OF THE APPROVED TUITION METHODOLOGY. ANY SCHOOL OR SCHOOL DISTRICT THAT RETAINS FUNDS PURSUANT TO THIS PARAGRAPH SHALL BE REQUIRED TO ANNUALLY REPORT A STATEMENT OF THE TOTAL BALANCE OF ANY SUCH RETAINED FUNDS, THE AMOUNT, IF ANY, RETAINED IN THE PRIOR SCHOOL YEAR, THE AMOUNT, IF ANY, DISPERSED IN THE PRIOR SCHOOL YEAR, AND ANY ADDI- TIONAL INFORMATION REQUESTED BY THE DEPARTMENT AS PART OF THE FINANCIAL REPORTS THAT ARE REQUIRED TO BE ANNUALLY SUBMITTED TO THE DEPARTMENT. § 11. Paragraph b of subdivision 5 of section 1950 of the education law, as amended by chapter 296 of the laws of 2016, 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, including approved expenses from the testing of potable water systems of occupied school buildings under the board's jurisdiction as required pursuant to section eleven hundred ten of the public health law, 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. PROVIDED HOWEV- ER, THAT FOR TEACHERS PROVIDING INSTRUCTION IN CAREER AND TECHNICAL EDUCATION TO SCHOOL AGE STUDENTS, THE SALARY, TO BE CONSIDERED AS AN APPROVED EXPENSE, SHALL NOT EXCEED THIRTY-FOUR THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR; THIRTY- EIGHT THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR; FORTY-TWO THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR; FORTY-SIX THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR; AND FIFTY THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR, AND THEREAFTER. 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 dormi- tory 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 subdivision. Transporta- tion 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. § 12. Paragraph b of subdivision 10 of section 3602 of the education law, as amended by section 16 of part B of chapter 57 of the laws of 2007, is amended to read as follows: S. 2506--B 28 b. Aid for career education. There shall be apportioned to such city school districts and other school districts which were not components of a board of cooperative educational services in the base year for pupils in grades [ten] NINE through twelve in attendance in career education programs as such programs are defined by the commissioner, subject for the purposes of this paragraph to the approval of the director of the budget, an amount for each such pupil to be computed by multiplying the career education aid ratio by three thousand nine hundred dollars. Such aid will be payable for weighted pupils attending career education programs operated by the school district and for weighted pupils for whom such school district contracts with boards of cooperative educa- tional services to attend career education programs operated by a board of cooperative educational services. Weighted pupils for the purposes of this paragraph shall mean the sum of the attendance of students in grades [ten] NINE through twelve in career education sequences in trade, industrial, technical, agricultural or health programs plus the product of sixteen hundredths multiplied by the attendance of students in grades [ten] NINE through twelve in career education sequences in business and marketing as defined by the commissioner in regulations. The career education aid ratio shall be computed by subtracting from one the prod- uct obtained by multiplying fifty-nine percent by the combined wealth ratio. This aid ratio shall be expressed as a decimal carried to three places without rounding, but not less than thirty-six percent. Any school district that receives aid pursuant to this paragraph shall be required to use such amount to support career education programs in the current year. A board of education which spends less than its local funds as defined by regulations of the commissioner for career education in the base year during the current year shall have its apportionment under this subdivi- sion reduced in an amount equal to such deficiency in the current or a succeeding school year, provided however that the commissioner may waive such reduction upon determination that overall expenditures per pupil in support of career education programs were continued at a level equal to or greater than the level of such overall expenditures per pupil in the preceding school year. § 13. Subdivision 1 of section 1318 of the real property tax law, as amended by chapter 238 of the laws of 2007, is amended to read as follows: 1. The warrant of the collecting officer shall be signed by the trus- tee, or the trustees, or a majority of them, or the board of education or a majority thereof. Such warrant shall state the amount of unexpended surplus funds in the custody of the board and shall further state that except as authorized or required by law, such unexpended surplus funds have been applied in determining the amount of the school tax levy. For the two thousand seven--two thousand eight school year, surplus funds as used in this subdivision shall mean any operating funds in excess of three percent of the current school year budget, and shall not include funds properly retained under other sections of law. For the two thou- sand eight--two thousand nine school year, and thereafter, surplus funds as used in this subdivision shall mean any operating funds in excess of four percent of the current school year budget, and shall not include funds properly retained under other sections of law. FOR THE TWO THOU- SAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR THROUGH THE TWO THOU- SAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, SURPLUS FUNDS AS USED IN THIS SUBDIVISION SHALL MEAN ANY OPERATING FUNDS IN EXCESS OF EIGHT PERCENT OF THE CURRENT SCHOOL YEAR BUDGET, AND SHALL NOT INCLUDE S. 2506--B 29 FUNDS PROPERLY RETAINED UNDER OTHER SECTIONS OF LAW. Such warrant shall have the same force and effect as a warrant issued by a board of super- visors to a collecting officer in a town. The collecting officer to whom it may be delivered for collection shall be thereby authorized and required to collect from every person named on such school tax roll the sum set opposite his name, or the amount due from any person specified therein, in the same manner and with the same powers that collecting officers in towns are authorized to collect taxes levied by the board of supervisors. § 14. Paragraph a of subdivision 2 of section 3602 of the education law is amended by adding a new subparagraph 1-a to read as follows: (1-A) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH, COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOU- SAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, WHEN A SCHOOL DISTRICT HAS (I) A THREE YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT FOR THE CURRENT YEAR COMPUTED PURSUANT TO PARAGRAPH P OF SUBDIVISION ONE OF THIS SECTION IS GREATER THAN FIFTY PERCENT, (II) THE AID RATIO CALCULATED PURSUANT TO CLAUSE A OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION EQUAL TO LESS THAN TWENTY PERCENT, AND (III) THE AID RATIO CALCULATED PURSUANT TO CLAUSE C OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION IS LESS THAN FIFTY PERCENT, 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 CHAN- CELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, ON OR AFTER JULY FIRST, TWO THOUSAND FOR ANY SCHOOL DISTRICT, THE COMMISSIONER, IN COMPUTING ANY AID RATIO OF SUCH DISTRICT, SHALL PERMIT THE USE OF AN ADJUSTED RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE FOR AID RATIO PURPOSES, WHERE AN AMOUNT EQUAL TO THE PRODUCT OF THE RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE MULTIPLIED BY THE THREE YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT FOR THE CURRENT YEAR COMPUTED PURSUANT TO PARAGRAPH P OF THIS SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY ONE AND TWENTY-FIVE ONE-HUNDREDTHS (1.25) SHALL BE ADDED TO THE UNITS OF ATTENDANCE USED IN COMPUTING THE WEIGHTED AVERAGE DAILY ATTENDANCE PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH FOR PURPOSES OF CALCULATING AID PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN OF THIS SECTION, PROVIDED THAT SUCH ADJUSTED RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE SHALL NOT AFFECT THE STATEWIDE AVERAGE. § 15. Subdivision 8 of section 3641 of the education law, as added by section 38 of part B of chapter 57 of the laws of 2007, paragraph b as amended by section 29 of part B of chapter 57 of the laws of 2008, is amended to read as follows: 8. Supplemental educational improvement grants. a. In addition to apportionments otherwise provided by section thirty-six hundred two of this article, for aid payable in the two thousand seven--two thousand eight school year and thereafter, the amounts specified in paragraph b of this subdivision shall be paid for the purpose of providing addi- tional funding for the costs of educational improvement plans required as a result of a court-ordered settlement in a school desegregation case to which the state was a party. Grant funds awarded pursuant to this subdivision shall be used exclusively for services and expenses incurred by the school district to implement such educational improvement plans. b. To the Yonkers city school district, FOR THE TWO THOUSAND SEVEN-- TWO THOUSAND EIGHT THROUGH TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN- TY-TWO SCHOOL YEARS, there shall be paid seventeen million five hundred thousand dollars ($17,500,000) on an annual basis, AND FOR THE TWO THOU- S. 2506--B 30 SAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER THERE SHALL BE PAID TWENTY-NINE MILLION FIVE HUNDRED THOUSAND DOLLARS ($29,500,000) ON AN ANNUAL BASIS. Such grant shall be payable from funds appropriated for such purpose and shall be apportioned to the Yonkers city school district in accordance with the payment schedules contained in section thirty-six hundred nine-a of this article, notwith- standing any provision of law to the contrary. § 16. Section 3 of chapter 157 of the laws of 2020 relating to author- izing the expenditure and temporary transfer of reserve funds for expenses related to COVID-19, as amended by section 3 of part A of chap- ter 126 of the laws of 2020, is amended to read as follows: § 3. Notwithstanding any provision of the general municipal law, the town law or the education law to the contrary, the governing board of a town, village, county, city, water improvement district, sewer improve- ment district, fire district or school district, by resolution which shall not be subject to referendum requirements, if any, may authorize the temporary transfer of moneys from reserve funds to pay for operating costs attributable to the state disaster emergency declared pursuant to executive order 202 of 2020 or other costs attributable to the state disaster emergency declared pursuant to executive order 202 of 2020, provided, that: (A) FOR THE GOVERNING BOARD OF A TOWN, VILLAGE, COUNTY, CITY, WATER IMPROVEMENT DISTRICT, SEWER IMPROVEMENT DISTRICT, OR FIRE DISTRICT, (1) the reserve fund from which the funds were temporarily transferred shall be reimbursed from the fund to which the transfer was made over a period of not more than five fiscal years, starting with the fiscal year following the transfer[. At], (2) least twenty percent of the moneys temporarily transferred shall be reimbursed each fiscal year[. Such], AND (3) SUCH reimbursement shall include an additional amount reasonably estimated to be the amount that would have been earned on the investment of the transferred moneys had they been retained in the capital reserve fund; AND (B) FOR THE GOVERNING BOARD OF A SCHOOL DISTRICT, (1) THE RESERVE FUND FROM WHICH THE FUNDS WERE TEMPORARILY TRANSFERRED SHALL BE REIMBURSED FROM THE FUND TO WHICH THE TRANSFER WAS MADE OVER A PERIOD OF NOT MORE THAN TEN FISCAL YEARS, STARTING WITH TWO YEARS AFTER THE FISCAL YEAR FOLLOWING THE TRANSFER, AND (2) ANY SUCH TEMPORARY TRANSFER SHALL BE NOTED IN THE SCHOOL DISTRICT'S ANNUAL AUDIT REPORT PRESCRIBED IN PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION TWEN- TY-ONE HUNDRED SIXTEEN-A OF THE EDUCATION LAW. § 17. Paragraph (d) of subdivision 1 of section 2856 of the education law, as amended by section 4 of part YYY of chapter 59 of the laws of 2017, is amended to read as follows: (d) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen, two thousand sixteen--two thousand seventeen school years and THEREAFTER, PROVIDED HOWEVER, THAT SUCH PAYMENT SHALL BE MADE IN THE CURRENT YEAR FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND thereafter. § 18. Paragraph (c) of subdivision 1 of section 2856 of the education law, as amended by section 4-a of part YYY of chapter 59 of the laws of 2017, is amended to read as follows: (c) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand S. 2506--B 31 sixteen, two thousand sixteen--two thousand seventeen school years and THEREAFTER, PROVIDED HOWEVER, THAT SUCH PAYMENT SHALL BE MADE IN THE CURRENT YEAR OF EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND thereafter. § 19. The education law is amended by adding a new section 817 to read as follows: § 817. CULTURALLY RESPONSIVE-SUSTAINING EDUCATION. 1. SUBJECT TO APPROPRIATION AND WITHIN THE AMOUNTS APPROPRIATED THEREFORE, THE DEPART- MENT SHALL, BY JULY FIRST, TWO THOUSAND TWENTY-TWO, DEVELOP RACIALLY AND CULTURALLY INCLUSIVE CURRICULUM, CURRICULAR TOOLS, EDUCATIONAL MATE- RIALS AND RESOURCES, AND PROFESSIONAL DEVELOPMENT AND TRAINING IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION TO SUPPORT THE IMPLEMEN- TATION OF CULTURALLY RESPONSIVE-SUSTAINING EDUCATION IN ALL SCHOOLS. 2. A. THERE IS HEREBY ESTABLISHED A TASK FORCE WITHIN THE DEPARTMENT CHARGED WITH PROPOSING, REVIEWING, CRITIQUING, AND RECOMMENDING EDUCA- TION CURRICULUM, CURRICULAR TOOLS, EDUCATIONAL MATERIALS AND RESOURCES, AND PROFESSIONAL DEVELOPMENT AND TRAINING THAT CAN BE USED IN GRADES K-TWELVE TO SUPPORT THE IMPLEMENTATION OF CULTURALLY RESPONSIVE-SUSTAIN- ING EDUCATION IN ALL SCHOOLS. THE TASK FORCE SHALL CONSIST OF TWENTY MEMBERS TO BE APPOINTED AS FOLLOWS: (I) FIVE PEOPLE APPOINTED BY THE GOVERNOR; (II) FIVE PEOPLE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; (III) FIVE PEOPLE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; AND (IV) FIVE PEOPLE APPOINTED BY THE COMMISSIONER. B. THE MEMBERS OF THE TASK FORCE SHALL DESIGNATE ONE OF THE APPOINTEES AS THE CHAIR OF THE TASK FORCE. ALL APPOINTMENTS OF MEMBERS OF THE TASK FORCE SHALL BE MADE NO LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. THE TASK FORCE MAY BEGIN ITS DUTIES WHEN A MAJORITY OF THE TOTAL NUMBER OF POSITIONS HAVE BEEN APPOINTED. ANY VACANCY SHALL BE FILLED BY THE APPOINTING AUTHORITY. THE MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES. C. THE TASK FORCE SHALL MAKE A PUBLIC REPORT TO THE COMMISSIONER OF ITS FINDINGS, CONCLUSIONS AND RECOMMENDATIONS ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. THIS REPORT SHALL BE USED IN THE DEVELOPMENT OF RACIALLY AND CULTURALLY INCLUSIVE CURRICULUM, CURRICULAR TOOLS, EDUCATIONAL MATERIALS AND RESOURCES, AND PROFESSIONAL DEVELOPMENT AND TRAINING PURSUANT TO SUBDIVISION ONE OF THIS SECTION. 3. FOR PURPOSES OF THIS SECTION, THE TERM "CULTURALLY RESPONSIVE-SUS- TAINING EDUCATION" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, EDUCATION FOR THE PURPOSES OF AFFIRMING CULTURAL IDENTITIES, FOSTERING POSITIVE ACADEMIC OUTCOMES, DEVELOPING STUDENTS' ABILITIES TO CONNECT ACROSS LINES OF DIFFERENCE, ELEVATING HISTORICALLY MARGINALIZED VOICES, EMPOWERING STUDENTS AS AGENTS OF SOCIAL CHANGE, ADDRESSING RACIAL AND CULTURAL INCLUSION, AND CONTRIBUTING TO INDIVIDUAL STUDENT ENGAGEMENT, LEARNING, GROWTH, AND ACHIEVEMENT THROUGH THE CULTIVATION OF CRITICAL THINKING. § 20. Section 3 of chapter 507 of the laws of 1974 relating to provid- ing for the apportionment of state monies to certain nonpublic schools, to reimburse them for their expenses in complying with certain state requirements for the administration of state testing and evaluation programs and for participation in state programs for the reporting of basic educational data, as amended by chapter 347 of the laws of 2018, is amended to read as follows: § 3. Apportionment. a. The commissioner shall annually apportion to each qualifying school, for school years beginning on and after July first, nineteen hundred seventy-four, an amount equal to the actual cost incurred by each such school during the preceding school year for S. 2506--B 32 providing services required by law to be rendered to the state in compliance with the requirements of the state's pupil evaluation program, the basic educational data system, regents examinations, the statewide evaluation plan, the uniform procedure for pupil attendance reporting, the state's immunization program and other similar state prepared examinations and reporting procedures. b. [Such] FOR EXPENSES FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER SUCH nonpublic schools shall be eligible to receive aid based on AN HOURLY RATE CALCULATED USING the number of days or portion of days attendance is taken and either a 5.0/5.5 hour standard STUDENT instructional day, or another work day as certified by the nonpublic school officials[, in accordance with the methodology for computing salary and benefits applied by the department in paying aid for the two thousand twelve--two thousand thirteen and prior school years]. THE AVERAGE HOURLY RATE SHALL BE COMPUTED USING THE FOLLOWING METHODOLOGY: THE TOTAL SALARY AND BENEFITS OF THE INDIVIDUAL DIVIDED BY THE TOTAL NUMBER OF HOURS WORKED, WITH THE TOTAL NUMBER OF HOURS WORKED BEING THE TOTAL NUMBER OF DAYS CLAIMED MULTIPLIED BY THE TOTAL NUMBER OF HOURS CLAIMED PURSUANT TO THIS SUBDIVISION. c. The commissioner shall annually apportion to each qualifying school in the cities of New York, Buffalo and Rochester, for school years beginning on or after July first two thousand sixteen, an amount equal to the actual cost incurred by each such school during the preceding school year in meeting the recording and reporting requirements of the state school immunization program, provided that the state's liability shall be limited to the amount appropriated for this purpose. § 21. This act shall take effect immediately; provided that: (a) section three of this act shall expire and be deemed repealed January 1, 2023; (b) section thirteen of this act shall expire and be deemed repealed July 1, 2025; and (c) the amendments to subdivision 1 of section 2856 of the education law made by section seventeen of this act shall be subject to the expiration 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 eighteen of this act shall take effect. PART B Section 1. Section 1503 of the business corporation law is amended by adding a new paragraph (h) to read as follows: (H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFES- SIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF S. 2506--B 33 REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPORATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION. § 2. Section 1507 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE THE PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES- SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS. NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN VIOLATION OF THIS SECTION SHALL BE VOID. § 3. Section 1508 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI- NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI- CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI- CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN ANY STATE THE PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF THEIR PROFESSIONS IN SUCH CORPORATION. § 4. Section 1509 of the business corporation law, as amended by chap- ter 550 of the laws of 2011, is amended to read as follows: S. 2506--B 34 § 1509. Disqualification of shareholders, directors, officers and employees. If any shareholder, director, officer or employee of a professional service corporation, including a design professional service corpo- ration, who has been rendering professional service to the public becomes legally disqualified to practice his OR HER profession within this state, he OR SHE shall sever all employment with, and financial interests (other than interests as a creditor) in, such corporation forthwith or as otherwise provided in section 1510 of this article. All provisions of law regulating the rendering of professional services by a person elected or appointed to a public office shall be applicable to a shareholder, director, officer and employee of such corporation in the same manner and to the same extent as if fully set forth herein. Such legal disqualification to practice his OR HER profession within this state shall be deemed to constitute an irrevocable offer by the disqual- ified shareholder to sell his OR HER shares to the corporation, pursuant to the provisions of section 1510 of this article or of the certificate of incorporation, by-laws or agreement among the corporation and all shareholders, whichever is applicable. Compliance with the terms of such offer shall be specifically enforceable in the courts of this state. A professional service corporation's failure to enforce compliance with this provision shall constitute a ground for forfeiture of its certif- icate of incorporation and its dissolution. § 5. Paragraph (a) of section 1511 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended and a new para- graph (c) is added to read as follows: (a) No shareholder of a professional service corporation [or], INCLUD- ING a design professional service corporation, may sell or transfer his OR HER shares in such corporation except to another individual who is eligible to have shares issued to him OR HER by such corporation or except in trust to another individual who would be eligible to receive shares if he OR SHE were employed by the corporation. Nothing herein contained shall be construed to prohibit the transfer of shares by oper- ation of law or by court decree. No transferee of shares by operation of law or court decree may vote the shares for any purpose whatsoever except with respect to corporate action under sections 909 and 1001 of this chapter. The restriction in the preceding sentence shall not apply, however, where such transferee would be eligible to have shares issued to him OR HER if he OR SHE were an employee of the corporation and, if there are other shareholders, a majority of such other shareholders shall fail to redeem the shares so transferred, pursuant to section 1510 of this article, within sixty days of receiving written notice of such transfer. Any sale or transfer, except by operation of law or court decree or except for a corporation having only one shareholder, may be made only after the same shall have been approved by the board of direc- tors, or at a shareholders' meeting specially called for such purpose by such proportion, not less than a majority, of the outstanding shares as may be provided in the certificate of incorporation or in the by-laws of such professional service corporation. At such shareholders' meeting the shares held by the shareholder proposing to sell or transfer his OR HER shares may not be voted or counted for any purpose, unless all share- holders consent that such shares be voted or counted. The certificate of incorporation or the by-laws of the professional service corporation, or the professional service corporation and the shareholders by private agreement, may provide, in lieu of or in addition to the foregoing provisions, for the alienation of shares and may require the redemption S. 2506--B 35 or purchase of such shares by such corporation at prices and in a manner specifically set forth therein. The existence of the restrictions on the sale or transfer of shares, as contained in this article and, if appli- cable, in the certificate of incorporation, by-laws, stock purchase or stock redemption agreement, shall be noted conspicuously on the face or back of every certificate for shares issued by a professional service corporation. Any sale or transfer in violation of such restrictions shall be void. (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE- HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO THIS ARTICLE. § 6. Section 1514 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY, FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES OVER THE ENTIRE THREE YEAR PERIOD THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC ACCOUNTANTS. THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY ASSISTANT SECRETARY OF THE CORPORATION. § 7. Paragraph (d) of section 1525 of the business corporation law, as added by chapter 505 of the laws of 1983, is amended to read as follows: (d) "Foreign professional service corporation" means a professional service corporation, whether or not denominated as such, organized under the laws of a jurisdiction other than this state, all of the sharehold- ers, directors and officers of which are authorized and licensed to practice the profession for which such corporation is licensed to do business; except that all shareholders, directors and officers of a foreign professional service corporation which provides health services in this state shall be licensed in this state. A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, OR EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE S. 2506--B 36 FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTER- EST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI- NESS OR MANAGEMENT OF THE FIRM. § 8. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clinical social work in this state. Each part- ner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. Each partner of a regis- tered limited liability partnership formed to provide mental health S. 2506--B 37 counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursu- ant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a registered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN- TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 9. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a foreign limited liability partnership which provides professional engi- neering, land surveying, geological services, architectural and/or land- scape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT S. 2506--B 38 TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liability partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analy- sis in this state. A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMIT- ED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY- TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 10. Subdivision (h) of section 121-101 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (h) "Limited partnership" and "domestic limited partnership" mean, unless the context otherwise requires, a partnership (i) formed by two or more persons pursuant to this article or which complies with subdivi- sion (a) of section 121-1202 of this article and (ii) having one or more general partners and one or more limited partners. NOTWITHSTANDING ANY S. 2506--B 39 OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICEN- SEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTIC- IPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSI- NESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI- NESS OR MANAGEMENT OF THE FIRM. § 11. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural, landscape architectural and/or geological services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST S. 2506--B 40 BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the educa- tion law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a profes- sional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liabil- ity company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE LIMIT- ED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR S. 2506--B 41 PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY- TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 12. Subdivision (a) of section 1301 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, geologic, architectural and/or land- scape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- S. 2506--B 42 TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC- TICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINAN- CIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTER- EST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPI- TAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTI- TY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES- SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST S. 2506--B 43 IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI- NESS OR MANAGEMENT OF THE FIRM. § 13. Notwithstanding any other provision of law to the contrary, there is hereby established a fee for each non-licensee owner of a firm that is incorporating as a professional service corporation formed to lawfully engage in the practice of public accountancy. Such non-licensee owner shall pay a fee of three hundred dollars to the department of education on an annual basis. § 14. This act shall take effect immediately. PART C Intentionally Omitted PART D Section 1. Section 4 of subpart A of part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, as amended by section 1 of part Q of chapter 54 of the laws of 2016, is amended to read as follows: § 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2021] 2026. § 2. Section 4 of subpart B of part D of chapter 58 of the laws of 2011 amending the education law relating to procurement in support of the state and city universities, as amended by section 2 of part Q of chapter 54 of the laws of 2016, is amended to read as follows: § 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2021] 2026. § 3. Section 3 of subpart C of part D of chapter 58 of the laws of 2011 amending the education law relating to state university health care facilities, as amended by section 3 of part Q of chapter 54 of the laws of 2016, is amended to read as follows: § 3. This act shall take effect immediately, and shall expire and be deemed repealed June 30, [2021] 2026. § 4. Subdivision 5 of section 355 of the education law is amended by adding a new paragraph f to read as follows: F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AUTHORIZE CONTRACTS FOR THE PURCHASE OF SERVICES OR TECHNOLOGY FROM A CONSORTIUM AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, EXCEPT THAT SUCH DEFINITION AS APPLIED TO THE BOARD SHALL INCLUDE THE PURCHASE OF SERVICES AND TECHNOLOGY. § 5. This act shall take effect immediately; provided, however, that the amendments to subdivision 5 of section 355 of the education law made by section four of this act shall not affect the expiration of such subdivision and shall expire therewith. PART E Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by section 1 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: S. 2506--B 44 (4) The trustees shall not impose a differential tuition charge based upon need or income. Except as hereinafter provided, all students enrolled in programs leading to like degrees at state-operated insti- tutions of the state university shall be charged a uniform rate of tuition except for differential tuition rates based on state residency. Provided, however, that the trustees may authorize the presidents of the colleges of technology and the colleges of agriculture and technology to set differing rates of tuition for each of the colleges for students enrolled in degree-granting programs leading to an associate degree and non-degree granting programs so long as such tuition rate does not exceed the tuition rate charged to students who are enrolled in like degree programs or degree-granting undergraduate programs leading to a baccalaureate degree at other state-operated institutions of the state university of New York. Notwithstanding any other provision of this subparagraph, the trustees may authorize the setting of [a] separate [category] CATEGORIES of tuition [rate] RATES AS FOLLOWS; "DISTANCE LEARNING RATE", that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state, AND "HIGH DEMAND CERTIFICATE PROGRAM RATE", THAT SHALL BE SET AT A LEVEL DEEMED APPROPRIATE UPON RECOMMENDATION OF THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK AND APPROVED BY THE BOARD OF TRUS- TEES WHICH RATE SHALL BE LOWER THAN STANDARD RATES OF TUITION, FOR IDEN- TIFIED CERTIFICATION PROGRAMS TO BE RECOMMENDED BY THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK. Except as otherwise authorized in this subparagraph, the trustees shall not adopt changes affecting tuition charges prior to the enactment of the annual budget, provided however that: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year the state university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand sixteen--two thousand seventeen academic year if the annual resident undergraduate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this title, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corre- sponding semester, quarter or term. (ii) Commencing with the two thousand seventeen--two thousand eighteen academic year and ending in the two thousand twenty--two thousand twen- ty-one academic year the state university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than two hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided, however that if the annual resident undergradu- ate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section S. 2506--B 45 six hundred eighty-nine-a of this title, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. Provided, further that the revenue resulting from an increase in the rate of tuition shall be allocated to each campus pursuant to a plan approved by the board of trustees to support investments in new classroom faculty, instruction, initiatives to improve student success and on-time completion and a tuition credit for each eligible student. (iii) On or before November thirtieth, two thousand seventeen, the trustees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the four year period commencing with the two thousand seventeen--two thousand eighteen academic year and ending in the two thousand twenty--two thou- sand twenty-one academic year, and shall submit any proposed amendments to such plan by November thirtieth of each subsequent year thereafter through November thirtieth, two thousand twenty, and provided further, that with the approval of the board of trustees, each university center may increase non-resident undergraduate tuition rates each year by not more than ten percent over the tuition rates of the prior academic year for a six year period commencing with the two thousand eleven--two thou- sand twelve academic year and ending in the two thousand sixteen--two thousand seventeen academic year. (iv) Beginning in state fiscal year two thousand twelve-two thousand thirteen and ending in state fiscal year two thousand fifteen--two thou- sand sixteen, the state shall appropriate and make available general fund operating support, including fringe benefits, for the state univer- sity in an amount not less than the amount appropriated and made avail- able in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses at the state university and city univer- sity may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply. (v) Beginning in state fiscal year two thousand seventeen--two thou- sand eighteen and ending in state fiscal year two thousand twenty--two thousand twenty-one, the state shall appropriate and make available general fund operating support, including fringe benefits, for the state university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses at the state university and city univer- sity may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply; provided further, the state shall appropriate and make available general fund support to fully fund the tuition credit pursuant to subdivision two of section six hundred sixty-nine-h of this title. (vi) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOU- SAND TWENTY-TWO AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWENTY- FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR S. 2506--B 46 THE STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE. (VII) For the state university fiscal years commencing two thousand eleven--two thousand twelve and ending two thousand fifteen--two thou- sand sixteen, each university center may set aside a portion of its tuition revenues derived from tuition increases to provide increased financial aid for New York state resident undergraduate students whose net taxable income is eighty thousand dollars or more subject to the approval of a NY-SUNY 2020 proposal by the governor and the chancellor of the state university of New York. Nothing in this paragraph shall be construed as to authorize that students whose net taxable income is eighty thousand dollars or more are eligible for tuition assistance program awards pursuant to section six hundred sixty-seven of this [chapter] TITLE. § 2. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by section 2 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: (a) The board of trustees shall establish positions, departments, divisions and faculties; appoint and in accordance with the provisions of law fix salaries of instructional and non-instructional employees therein; establish and conduct courses and curricula; prescribe condi- tions of student admission, attendance and discharge; and shall have the power to determine in its discretion whether tuition shall be charged and to regulate tuition charges, and other instructional and non-in- structional fees and other fees and charges at the educational units of the city university. The trustees shall review any proposed community college tuition increase and the justification for such increase. The justification provided by the community college for such increase shall include a detailed analysis of ongoing operating costs, capital, debt service expenditures, and all revenues. The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at the senior colleges shall be charged a uniform rate of tuition, except for differential tuition rates based on state residency. Notwithstanding any other provision of this paragraph, the trustees may authorize the setting of [a] separate [category] CATEGORIES of tuition [rate] RATES AS FOLLOWS; "DISTANCE LEARNING RATE", that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state, AND "HIGH DEMAND CERTIFICATE PROGRAM RATE", THAT SHALL BE SET AT A LEVEL DEEMED APPROPRIATE UPON RECOMMENDA- TION OF THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK AND APPROVED BY THE BOARD OF TRUSTEES WHICH RATE SHALL BE LOWER THAN STANDARD RATES OF TUITION, FOR IDENTIFIED CERTIFICATION PROGRAMS TO BE RECOMMENDED BY THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK; provided, however, that: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand S. 2506--B 47 sixteen academic year, the city university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that commencing with the two thousand eleven--two thousand twelve academic year and ending with the two thou- sand sixteen--two thousand seventeen academic year if the annual resi- dent undergraduate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this chapter, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. (ii) Commencing with the two thousand seventeen--two thousand eighteen academic year and ending in the two thousand twenty--two thousand twen- ty-one academic year the city university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than two hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that if the annual resident undergradu- ate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this [title] CHAPTER, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. Provided, further that the revenue resulting from an increase in the rate of tuition shall be allo- cated to each campus pursuant to a plan approved by the board of trus- tees to support investments in new classroom faculty, instruction, initiatives to improve student success and on-time completion and a tuition credit for each eligible student. (iii) On or before November thirtieth, two thousand seventeen, the trustees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the four year period commencing with the two thousand seventeen--two thousand eighteen academic year and ending in the two thousand twenty--two thou- sand twenty-one academic year, and shall submit any proposed amendments to such plan by November thirtieth of each subsequent year thereafter through November thirtieth, two thousand twenty. (iv) Beginning in state fiscal year two thousand twelve--two thousand thirteen and ending in state fiscal year two thousand fifteen--two thou- sand sixteen, the state shall appropriate and make available state support for operating expenses, including fringe benefits, for the city university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses of the state university and city univer- S. 2506--B 48 sity may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply. (v) Beginning in state fiscal year two thousand seventeen--two thou- sand eighteen and ending in state fiscal year two thousand twenty--two thousand twenty-one, the state shall appropriate and make available general fund operating support, including fringe benefits, for the city university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses at the state university and city univer- sity may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply; provided further, the state shall appropriate and make available general fund support to fully fund the tuition credit pursuant to subdivision two of section six hundred sixty-nine-h of this chapter. (VI) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOU- SAND TWENTY-TWO AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWENTY- FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS CHAPTER. § 3. Section 16 of chapter 260 of the laws of 2011, amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, as amended by section 5 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: § 16. This act shall take effect July 1, 2011; provided that sections one, two, three, four, five, six, eight, nine, ten, eleven, twelve and thirteen of this act shall expire [10] 14 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided further that sections fourteen and fifteen of this act shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed. § 4. This act shall take effect immediately; provided, however, that the amendments to subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law made by section one of this act and the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law made by section two of this act shall not affect the expi- ration of such paragraph and subparagraph and shall be deemed to expire therewith. PART F Section 1. Notwithstanding any provision of law or regulation to the contrary, for purposes of an award made pursuant to subparts 2 through 4 of part 2 of article 14 of the education law in the 2019--2020 or 2020- -2021 academic years, any semester, quarter or term that a recipient of S. 2506--B 49 such an award is unable to complete as a result of the COVID-19 pandemic state disaster emergency declared March 7, 2020, as certified by a college or university and approved by the New York state higher educa- tion services corporation, shall not be considered for purposes of determining the maximum duration of such award for that recipient, and provided further that no such recipient shall suffer a reduction in the original award amount granted pursuant to such subparts in such academic years solely due to inability to complete any semester, quarter or term as a result of the COVID-19 pandemic state disaster emergency declared March 7, 2020, as certified by a college or university and approved by the New York state higher education services corporation. § 2. This act shall take effect immediately. PART G Intentionally Omitted PART H Intentionally Omitted PART I Intentionally Omitted PART J Section 1. Section 9 of part G of chapter 57 of the laws of 2013, amending the executive law and the social services law relating to consolidating the youth development and delinquency prevention program and the special delinquency prevention program, as amended by section 1 of part I of chapter 56 of the laws of 2018, is amended to read as follows: § 9. This act shall take effect January 1, 2014 [and shall expire and be deemed repealed on December 31, 2021]. § 2. This act shall take effect immediately. PART K Section 1. Section 4 of part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooper- ative educational services to enter into contracts with the commissioner of children and family services to provide certain services, as amended by section 1 of part J of chapter 56 of the laws of 2018, is amended to read as follows: § 4. This act shall take effect July 1, 2012 [and shall expire June 30, 2021 when upon such date the provisions of this act shall be deemed repealed]. § 2. This act shall take effect immediately. PART L S. 2506--B 50 Section 1. The opening paragraph of paragraph (g) of subdivision 3 of section 358-a of the social services law is designated subparagraph (i) and a new subparagraph (ii) is added to read as follows: (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THIS CHAPTER, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF THIS CHAPTER. SUCH MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT TO THE COURT SHALL BE MADE CONTEMPORANEOUSLY UPON PROVISION OF SUCH NOTICE. NOTWITH- STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL BE SCHEDULED AND COMPLETED WITHIN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 1-a. Section 371 of the social services law is amended by adding a new subdivision 22 to read as follows: 22. "SUPERVISED SETTING" SHALL MEAN A RESIDENTIAL PLACEMENT IN THE COMMUNITY APPROVED AND SUPERVISED BY AN AUTHORIZED AGENCY OR THE LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES TO PROVIDE A TRANSITIONAL EXPERI- ENCE FOR OLDER YOUTH IN WHICH SUCH YOUTH MAY LIVE INDEPENDENTLY. A SUPERVISED SETTING INCLUDES, BUT IS NOT LIMITED TO, PLACEMENT IN A SUPERVISED INDEPENDENT LIVING PROGRAM, AS DEFINED IN SUBDIVISION TWEN- TY-ONE OF THIS SECTION. § 1-b. Paragraph (c) of subdivision 2 of section 383-a of the social services law, as added by section 5 of part M of chapter 54 of the laws of 2016, is amended to read as follows: (c) "Child care facility" shall mean an institution, group residence, group home, agency operated boarding home, or supervised SETTING, INCLUDING A SUPERVISED independent living program. § 2. The social services law is amended by adding a new section 393 to read as follows: § 393. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAPTER, OR WHOSE CUSTODY AND GUARDIANSHIP WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED EIGHTY-FOUR-B OF THIS TITLE. 2. (A) UPON COMPLETION OF THE ASSESSMENT BY THE QUALIFIED INDIVIDUAL, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBMIT THE COMPLETED ASSESSMENT CONDUCTED BY THE QUALIFIED INDIVIDUAL TO THE COURT, AND COUNSEL FOR ALL PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, AND THE CHILD'S FAMILY AND PERMANENCY TEAM FORTHWITH OR WITHIN ONE BUSINESS DAY. THE PETITIONER SHALL SCHEDULE THE HEARING AND NOTIFY THE PARTIES, INCLUDING THE ATTOR- NEY FOR THE CHILD. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESI- DENTIAL TREATMENT PROGRAM, THE COURT SHALL: S. 2506--B 51 (I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE; (II) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN; AND (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE QUALI- FIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORD- ANCE WITH SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF: (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL, EXCEPT THAT A SHORTAGE OR LACK OF FOSTER FAMILY HOMES SHALL NOT CONSTITUTE EXTENUATING CIRCUM- STANCES WARRANTING A DETERMINATION THAT THE NEEDS OF THE CHILD CANNOT BE MET IN A FOSTER FAMILY HOME; (2) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUALIFIED INDI- VIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH. (IV) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, THE LOCAL SOCIAL SERVICES DISTRICT, PARENT OF THE CHILD, OR THE ATTORNEY FOR THE CHILD MAY REQUEST A HEARING WITH THE COURT TO BE HELD WITHIN THIRTY DAYS, TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM CONTINUES TO BE IN THE CHILD'S BEST INTEREST. (B) IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE; (II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THIS ARTICLE, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD. 3. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE CHILD'S CASE RECORD. S. 2506--B 52 4. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 2-a. Subparagraph 1 of paragraph (g) of subdivision 6 and subdivi- sion 10 of section 398 of the social services law, subparagraph 1 of paragraph (g) of subdivision 6 as amended by chapter 3 of the laws of 2012 and subdivision 10 as amended by chapter 563 of the laws of 1986, are amended to read as follows: (1) Place children in its care and custody or its custody and guardi- anship, in suitable instances, in SUPERVISED SETTINGS, family homes, agency boarding homes, group homes or institutions under the proper safeguards. Such placements can be made either directly, or through an authorized agency, except that, direct placements in agency boarding homes or group homes may be made by the social services district only if the office of children and family services has authorized the district to operate such homes in accordance with the provisions of section three hundred seventy-four-b of this [chapter] ARTICLE and only if suitable care is not otherwise available through an authorized agency under the control of persons of the same religious faith as the child. Where such district places a child in [an] A SUPERVISED SETTING, agency boarding home, group home or institution, either directly, or through an author- ized agency, the district shall certify in writing to the office of children and family services, that such placement was made because it offers the most appropriate and least restrictive level of care for the child, and, is more appropriate than a family foster home placement, or, that such placement is necessary because there are no qualified foster families available within the district who can care for the child. If placements in agency boarding homes, group homes or institutions are the result of a lack of foster parents within a particular district, the office of children and family services shall assist such district to recruit and train foster parents. Placements shall be made only in institutions visited, inspected and supervised in accordance with title three of article seven of this chapter and conducted in conformity with the applicable regulations of the supervising state agency in accordance with title three of article seven of this chapter. With the approval of the office of children and family services, a social services district may place a child in its care and custody or its custody and guardian- ship in a federally funded job corps program and may receive reimburse- ment for the approved costs of appropriate program administration and supervision pursuant to a plan developed by the department and approved by the director of the budget. 10. Any provision of this chapter or any other law notwithstanding, where a foster child for whom a social services official has been making foster care payments is in A SUPERVISED SETTING, INCLUDING A FOSTER CHILD IN attendance at a college or university away from his OR HER foster family boarding home, group home, agency boarding home or insti- tution, a social services official may make foster payments, [not to exceed the amount which would have been paid to a foster parent on behalf of said child had the child been cared for in a foster family boarding home] AT A RATE TO BE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, to such college or university, PROVIDER OF ROOM AND BOARD, OR YOUTH, AS APPROPRIATE, in lieu of payment to the foster parents or authorized agency, for the purpose of room and board, if not S. 2506--B 53 otherwise provided. SUCH RATE SHALL BE NO LOWER THAN THE RATE PAID FOR A CHILD'S CARE IN A FOSTER FAMILY BOARDING HOME. § 3. The social services law is amended by adding a new section 409-h to read as follows: § 409-H. ASSESSMENT OF APPROPRIATENESS OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 1. LEGISLATIVE INTENT. IT IS THE INTENT OF THE LEGISLATURE TO PROMOTE POLICIES TO PREVENT FOSTER CARE PLACEMENTS AND KEEP CHILDREN SAFELY AT HOME WITH THEIR FAMILIES AND, WHEN THAT IS NOT POSSIBLE, TO UTILIZE THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE IN THE LEAST RESTRICTIVE ENVIRONMENT TO SUPPORT THE CHILD, AS DETERMINED THROUGH A COMPREHENSIVE ASSESSMENT OF THE CHILD'S PARTICULAR STRENGTHS AND NEEDS. IT IS ALSO THE INTENT OF THE LEGISLATURE TO PRIOR- ITIZE HOME-BASED FOSTER CARE SETTINGS WHENEVER POSSIBLE THROUGH IDEN- TIFICATION AND ENGAGEMENT OF KINSHIP RESOURCES AND INCREASED RECRUITMENT AND RETENTION OF FOSTER HOMES FOR CHILDREN WHO DO NOT HAVE APPROPRIATE KINSHIP RESOURCES. 2. (A) NO LATER THAN THIRTY DAYS AFTER THE START OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM OF A CHILD IN THE CARE AND CUSTODY OR THE CUSTODY AND GUARDIANSHIP OF THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES THAT OCCURS ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, A QUALIFIED INDIVIDUAL SHALL COMPLETE AN ASSESSMENT AS TO THE APPROPRI- ATENESS OF SUCH PLACEMENT UTILIZING AN AGE-APPROPRIATE, EVIDENCE-BASED, VALIDATED, FUNCTIONAL ASSESSMENT TOOL APPROVED BY THE FEDERAL GOVERNMENT FOR SUCH PURPOSE. SUCH ASSESSMENT SHALL BE IN ACCORDANCE WITH 42 UNITED STATES CODE SECTIONS 672 AND 675A AND THE STATE'S APPROVED TITLE IV-E STATE PLAN AND SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) AN ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE CHILD; AND (II) A DETERMINATION OF THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE SETTING, INCLUDING WHETHER THE NEEDS OF THE CHILD CAN BE MET WITH FAMILY MEMBERS OR THROUGH PLACEMENT IN A FOSTER FAMILY HOME, OR IN A SETTING SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION, CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN. SUCH ASSESSMENT SHALL BE COMPLETED IN CONJUNCTION WITH THE FAMILY AND PERMANENCY TEAM ESTABLISHED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION. TO THE EXTENT PRACTICABLE, THE ASSESSMENT MUST BE COMPLETED PRIOR TO THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM. (B) THE FAMILY AND PERMANENCY TEAM SHALL CONSIST OF ALL APPROPRIATE BIOLOGICAL FAMILY MEMBERS, RELATIVES, AND FICTIVE KIN OF THE CHILD, THE ATTORNEY FOR THE CHILD AS WELL AS, AS APPROPRIATE, PROFESSIONALS WHO ARE A RESOURCE TO THE FAMILY OF THE CHILD, INCLUDING BUT NOT LIMITED TO, TEACHERS, MEDICAL OR MENTAL HEALTH PROVIDERS WHO HAVE TREATED THE CHILD, OR CLERGY. IN THE CASE OF A CHILD WHO HAS ATTAINED THE AGE OF FOURTEEN, THE FAMILY AND PERMANENCY TEAM SHALL INCLUDE THE MEMBERS OF THE PERMAN- ENCY PLANNING TEAM FOR THE CHILD IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 675 AND THE STATE'S APPROVED TITLE IV-E STATE PLAN. (C) WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE CHILD MAY NOT BE PLACED IN A FOSTER FAMILY HOME, THE QUALIFIED INDIVIDUAL MUST SPECIFY IN WRITING THE REASONS WHY THE NEEDS OF THE CHILD CANNOT BE MET BY THE CHILD'S FAMILY OR IN A FOSTER FAMILY HOME AND WHY SUCH A PLACEMENT IS NOT THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR SUCH CHILD. SUCH DETERMINATION SHALL INCLUDE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACEMENT IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE; S. 2506--B 54 (II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THIS ARTICLE, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM OR PARENTING SUPPORTS FOR YOUTH; OR (IV) A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 3. WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE CHILD, TO THE EXTENT PRACTICABLE, SHALL REMOVE SUCH CHILD FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM WITHIN THIRTY DAYS OF THE COMPLETION OF THE ASSESSMENT, AND IF PLACEMENT OF THE CHILD IS TO CONTINUE, PLACE SAID CHILD WITH FAMILY MEMBERS OR IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTER- EST, THE OFFICE OF CHILDREN AND FAMILY SERVICES OR SOCIAL SERVICES DISTRICT MAY ALSO PLACE THE CHILD IN A SETTING SPECIFIED IN PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION OTHER THAN A QUALIFIED RESIDEN- TIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD. 4. AS USED IN THE SECTION, "QUALIFIED RESIDENTIAL TREATMENT PROGRAM" MEANS A PROGRAM THAT IS A NON-FOSTER FAMILY RESIDENTIAL PROGRAM IN ACCORDANCE WITH 42 UNITED STATE CODE SECTION 672 AND THE STATE'S APPROVED TITLE IV-E STATE PLAN. 5. AS USED IN THIS SECTION, "QUALIFIED INDIVIDUAL" SHALL MEAN A TRAINED PROFESSIONAL OR LICENSED CLINICIAN ACTING WITHIN THEIR SCOPE OF PRACTICE WHO SHALL HAVE CURRENT OR PREVIOUS RELEVANT EXPERIENCE IN THE CHILD WELFARE FIELD. SUCH INDIVIDUAL SHALL NOT BE AN EMPLOYEE OF THE STATE, COUNTY OR MUNICIPAL AGENCY PROVIDING, OVERSEEING OR CONTRACTING FOR PLACEMENTS OF CHILDREN OR AN EMPLOYEE OR CONTRACTOR FOR AN AUTHOR- IZED AGENCY PROVIDING PLACEMENTS FOR CHILDREN, in accordance with 42 United States Code section 672 and the state's approved title IV-E state plan. § 4. The family court act is amended by adding a new section 353.7 to read as follows: § 353.7. PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE. 2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW TO THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI- CATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE S. 2506--B 55 SHALL SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE RESPONDENT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- RY, SUCH HEARING SHALL THAN BE SCHEDULED AND COMPLETED WITHIN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDEN- TIAL TREATMENT PROGRAM COMMENCED. 3. (A) UPON COMPLETION OF THE ASSESSMENT BY THE QUALIFIED INDIVIDUAL, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBMIT THE COMPLETED ASSESSMENT CONDUCTED BY THE QUALIFIED INDIVIDUAL TO THE COURT, AND COUNSEL FOR ALL PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, AND THE CHILD'S FAMILY AND PERMANENCY TEAM FORTHWITH OR WITHIN ONE BUSINESS DAY. THE PRESENT- MENT AGENCY, OR DESIGNEE, SHALL SCHEDULE THE HEARING AND NOTIFY THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; AND (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL- IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN- TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALI- FIED RESIDENTIAL TREATMENT PROGRAM IF: (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL, EXCEPT THAT A SHORTAGE OR LACK OF FOSTER FAMILY HOMES SHALL NOT CONSTITUTE EXTENUATING CIRCUMSTANCES WARRANTING A DETERMINATION THAT THE NEEDS OF THE CHILD CANNOT BE MET IN A FOSTER FAMILY HOME; (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND S. 2506--B 56 (3) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM SERVES THE RESPONDENT'S NEEDS AND BEST INTERESTS OR THE NEED FOR PROTECTION OF THE COMMUNITY DESPITE THE FINDING BY THE QUALIFIED INDI- VIDUAL THAT THE RESPONDENT'S PLACEMENT IN SUCH SETTING IS NOT APPROPRI- ATE; AND (B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH. (IV) IF THE COURT APPROVES THE PLACEMENT OF THE RESPONDENT IN A QUALI- FIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE RESPOND- ENT'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. (B) IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE RESPONDENT TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE RESPONDENT'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE RESPONDENT IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; (II) IF THE RESPONDENT HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOM- ING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVID- ING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE RESPONDENT. 4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD. 5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH RESPONDENT, INCLUDING BUT NOT LIMITED TO THE RESPOND- ENT'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 5. Section 355.5 of the family court act is amended by adding a new subdivision 10 to read as follows: 10. WHERE THE RESPONDENT REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTO- DY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT: (A) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN THE FOSTER FAMILY HOME, THAT THE PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPOND- ENT, AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; S. 2506--B 57 (B) DOCUMENTING THE SPECIFIC TREATMENT AND SERVICE NEEDS THAT WILL BE MET FOR THE RESPONDENT IN THE PLACEMENT AND THE LENGTH OF TIME THE RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND (C) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE RESPONDENT TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME. § 6. Section 756-a of the family court act is amended by adding a new subdivision (h) to read as follows: (H) WHERE THE RESPONDENT REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT: (I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE RESPONDENT CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS OF THE RESPONDENT, AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; (II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE MET FOR THE RESPONDENT IN THE PLACEMENT AND THE LENGTH OF TIME THE RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND (III) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE RESPONDENT TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME. § 7. The family court act is amended by adding a new section 756-b to read as follows: § 756-B. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART. 2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO THIS PART, SUCH SOCIAL SERVICES DISTRICT SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALI- FIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. S. 2506--B 58 (B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART RESIDES IN A QUAL- IFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN- TY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- RY, SUCH HEARING SHALL BE SCHEDULED AND COMPLETED WITHIN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. (A) UPON COMPLETION OF THE ASSESSMENT BY THE QUALIFIED INDIVIDUAL, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBMIT THE COMPLETED ASSESSMENT CONDUCTED BY THE QUALIFIED INDIVIDUAL TO THE COURT, AND COUNSEL FOR ALL PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, AND THE CHILD'S FAMILY AND PERMANENCY TEAM FORTHWITH OR WITHIN ONE BUSINESS DAY. THE PETITIONER SHALL SCHEDULE THE HEARING AND NOTIFY THE PARTIES, INCLUDING THE ATTOR- NEY FOR THE CHILD. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (I) CONSIDER THE ASSESSMENT, DETERMINATION AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; AND (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL- IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN- TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALI- FIED RESIDENTIAL TREATMENT PROGRAM IF: (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL, EXCEPT THAT A SHORTAGE OR LACK OF FOSTER FAMILY HOMES SHALL NOT CONSTITUTE EXTENUATING CIRCUMSTANCES WARRANTING A DETERMINATION THAT THE NEEDS OF THE CHILD CANNOT BE MET IN A FOSTER FAMILY HOME; (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (3) THAT IT WOULD BE CONTRARY TO THE WELFARE OF THE RESPONDENT TO BE PLACED IN A LESS RESTRICTIVE SETTING AND THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL PROGRAM IS IN THE RESPONDENT'S BEST INTEREST DESPITE THE FINDING BY THE QUALIFIED INDIVIDUAL THAT THE RESPONDENT'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND S. 2506--B 59 (B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH. (IV) IF THE COURT APPROVES THE PLACEMENT OF THE RESPONDENT IN A QUALI- FIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE RESPOND- ENT'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE RESPOND- ENT FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH RESPONDENT FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE RESPONDENT TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE RESPONDENT'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE RESPONDENT IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; (II) IF THE RESPONDENT HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOM- ING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVID- ING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE RESPONDENT. 4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD. 5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH RESPONDENT, INCLUDING BUT NOT LIMITED TO THE RESPOND- ENT'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 8. The opening paragraph of subdivision 5 of section 1017 of the family court act is designated paragraph (a) and a new paragraph (b) is added to read as follows: (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL BE SCHEDULED AND COMPLETED WITHIN SIXTY S. 2506--B 60 DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDEN- TIAL TREATMENT PROGRAM COMMENCED. § 9. The opening paragraph of subdivision (j) of section 1055 of the family court act is designated paragraph (i) and a new paragraph (ii) is added to read as follows: (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (I) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS PART. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- RY, SUCH HEARING SHALL BE SCHEDULED AND COMPLETED WITHIN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM COMMENCED. § 10. The family court act is amended by adding a new section 1055-c to read as follows: § 1055-C. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN- TY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE. 2. UPON COMPLETION OF THE ASSESSMENT BY THE QUALIFIED INDIVIDUAL, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBMIT THE COMPLETED ASSESSMENT CONDUCTED BY THE QUALIFIED INDIVIDUAL TO THE COURT, AND COUNSEL FOR ALL PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, AND THE CHILD'S FAMILY AND PERMANENCY TEAM FORTHWITH OR WITHIN ONE BUSINESS DAY. THE PETITIONER SHALL SCHEDULE THE HEARING AND NOTIFY THE PARTIES, INCLUDING THE ATTOR- NEY FOR THE CHILD. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESI- DENTIAL TREATMENT PROGRAM, THE COURT SHALL: (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE- MENT IN THE FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN; AND (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICE LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF: (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: S. 2506--B 61 (A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL, EXCEPT THAT A SHORTAGE OR LACK OF FOSTER FAMILY HOMES SHALL NOT CONSTITUTE EXTENUATING CIRCUM- STANCES WARRANTING A DETERMINATION THAT THE NEEDS OF THE CHILD CANNOT BE MET IN A FOSTER FAMILY HOME; (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUAL- IFIED INDIVIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. (D) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE CHILD WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; (II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHIL- DREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD. 4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE CHILD'S CASE RECORD. 5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 11. Clause (C) of subparagraph (ix) of paragraph 5 of subdivision (c) of section 1089 of the family court act, as added by section 27 of S. 2506--B 62 part A of chapter 3 of the laws of 2005, is amended, and a new paragraph 6 is added to read as follows: (C) if the child is over age fourteen and has voluntarily withheld his or her consent to an adoption, the facts and circumstances regarding the child's decision to withhold consent and the reasons therefor[.]; AND (6) WHERE THE CHILD REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COMMISSIONER OF THE SOCIAL SERVICES DISTRICT WITH LEGAL CUSTODY OF THE CHILD SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEAR- ING WITH RESPECT TO THE CHILD: (I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE CHILD CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS OF THE CHILD CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT THE PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN; (II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE MET FOR THE CHILD IN THE PLACEMENT AND THE LENGTH OF TIME THE CHILD IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND (III) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT TO PREPARE THE CHILD TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME. § 12. The opening paragraph of clause (H) of subparagraph (vii) of paragraph 2 of subdivision (d) of section 1089 of the family court act is designated item (I) and a new item (II) is added to read as follows: (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO ITEM (I) OF THIS CLAUSE AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF THE SOCIAL SERVICES LAW OR SECTION ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND NINETY-ONE-A OR ONE THOUSAND NINETY-SEVEN OF THIS CHAPTER. NOTWITHSTAND- ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL BE SCHEDULED AND COMPLETED WITHIN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 13. The family court act is amended by adding a new section 1091-a to read as follows: § 1091-A. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A FORMER FOSTER CARE YOUTH IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE. 2. (A) WHEN A FORMER FOSTER CARE YOUTH IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE FORMER FOSTER CARE S. 2506--B 63 YOUTH INTO A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI- CATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A FORMER FOSTER CARE YOUTH WHOSE LEGAL CUSTODY WAS TRANS- FERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH FORMER FOSTER CARE YOUTH'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARA- GRAPH (A) OF THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVI- SION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL BE SCHEDULED AND COMPLETED WITHIN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. UPON COMPLETION OF THE ASSESSMENT BY THE QUALIFIED INDIVIDUAL, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBMIT THE COMPLETED ASSESSMENT CONDUCTED BY THE QUALIFIED INDIVIDUAL TO THE COURT, AND COUNSEL FOR ALL PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, AND THE CHILD'S FAMILY AND PERMANENCY TEAM FORTHWITH OR WITHIN ONE BUSINESS DAY. THE PETITIONER SHALL SCHEDULE THE HEARING AND NOTIFY THE PARTIES, INCLUDING THE ATTOR- NEY FOR THE CHILD. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A FORMER FOSTER CARE YOUTH REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (B) DETERMINE WHETHER THE NEEDS OF THE FORMER FOSTER CARE YOUTH CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE FORMER FOSTER CARE YOUTH IN THE LEAST RESTRICTIVE ENVIRON- MENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE FORMER FOSTER CARE YOUTH, AS SPECIFIED IN THE FORMER FOSTER CARE YOUTH'S PERMANENCY PLAN; AND (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRI- ATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACE- S. 2506--B 64 MENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM IF: (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL, EXCEPT THAT A SHORTAGE OR LACK OF FOSTER FAMILY HOMES SHALL NOT CONSTI- TUTE EXTENUATING CIRCUMSTANCES WARRANTING A DETERMINATION THAT THE NEEDS OF THE CHILD CANNOT BE MET IN A FOSTER FAMILY HOME; (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE FORMER FOSTER CARE YOUTH'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST DESPITE THE FINDING BY THE QUALIFIED INDIVIDUAL THAT THE FORMER FOSTER CARE YOUTH'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. (D) IF THE COURT APPROVES THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE FORMER FOSTER CARE YOUTH WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE TO MOVE THE FORMER FOSTER CARE YOUTH FROM THE QUALIFIED RESI- DENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH FORMER FOSTER CARE YOUTH FROM BEING PLACED IN A DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE FORMER FOSTER CARE YOUTH TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN: (A) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; (B) IF THE FORMER FOSTER CARE YOUTH HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (C) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (D) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE FORMER FOSTER CARE YOUTH. 5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE FORMER FOSTER CARE YOUTH'S CASE RECORD. 6. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH FORMER FOSTER CARE YOUTH, INCLUDING BUT NOT LIMITED S. 2506--B 65 TO THE FORMER FOSTER CARE YOUTH'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 14. The family court act is amended by adding a new section 1097 to read as follows: § 1097. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE. 2. (A) WHEN A CHILD IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE CHILD INTO A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTOR- NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE DATE THE PLACEMENT CHANGE OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL BE SCHEDULED AND COMPLETED WITHIN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. UPON COMPLETION OF THE ASSESSMENT BY THE QUALIFIED INDIVIDUAL, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBMIT THE COMPLETED ASSESSMENT CONDUCTED BY THE QUALIFIED INDIVIDUAL TO THE COURT, AND COUNSEL FOR ALL PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, AND THE CHILD'S FAMILY AND PERMANENCY TEAM FORTHWITH OR WITHIN ONE BUSINESS DAY. THE PETITIONER SHALL SCHEDULE THE HEARING AND NOTIFY THE PARTIES, INCLUDING THE ATTOR- NEY FOR THE CHILD. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESI- DENTIAL TREATMENT PROGRAM, THE COURT SHALL: (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE- MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD S. 2506--B 66 IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFEC- TIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRIC- TIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN; AND (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER- MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF: (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL, EXCEPT THAT A SHORTAGE OR LACK OF FOSTER FAMILY HOMES SHALL NOT CONSTITUTE EXTENUATING CIRCUM- STANCES WARRANTING A DETERMINATION THAT THE NEEDS OF THE CHILD CANNOT BE MET IN A FOSTER FAMILY HOME; (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUAL- IFIED INDIVIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND (II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. (D) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL. 4. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD IN: (A) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; (B) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHIL- DREN; (C) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR 5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE CHILD'S CASE RECORD. 6. TO THE EXTENT PRACTICABLE, NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S DISPOSITIONAL OR S. 2506--B 67 PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 15. On or before April 1, 2023, the office of children and family services shall submit a report to the governor, temporary president of the senate, speaker of the assembly, chairs of the senate and assembly standing committees on children and families, and the chairs of the senate and assembly standing committees on social services regarding the placement of children pursuant to proceedings held under section 393 of the social services law or sections 353.7, 756-b, 1055-c, 1091-a, and 1097 of the family court act. Such report will identify trends and address any disparities between placement orders issued by the courts and the legislative intent outlined in subdivision one of section 409-h of the social services law. Such analysis shall include, but not be limited to, a review of the number of times a judge approves the contin- uation of placement in a qualified residential treatment program where the qualified individual determines that the placement of the child in such qualified residential treatment program is not appropriate in accordance with section 409-h of the social services law and the speci- fied reasons for the determinations as required by: clause (B) of subparagraph (iii) of paragraph (a) of subdivision 2 of section 393 of the social services law; or the following provisions of the family court act: clause (B) of subparagraph (iii) of paragraph (a) of subdivision 3 of section 353.7; clause (B) of subparagraph (iii) of paragraph (a) of subdivision 3 of section 756-b; subparagraph (ii) of paragraph (c) of subdivision two of section 1055-c; subparagraph (ii) of paragraph (c) of subdivision 3 of section 1091-a; and subparagraph (ii) of paragraph (c) of subdivision 3 of section 1097. The office of court administration shall provide aggregrate data to the office of children and families for placement orders issued by the court on or after September 29, 2021, as it pertains to the appropriateness of a child's placement in a qualified residential treatment program. The office is authorized to contract with a consultant or independent research organization to prepare and submit such report. § 16. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder there- of, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the contro- versy in which the judgment shall have been rendered. § 17. This act shall take effect September 29, 2021; provided, howev- er, that: (a) (i) notwithstanding any other provision of law, provisions in this act shall not take effect unless and until the state title IV-E agency submits to the United States Department of Health and Human Services, Administration for Children, Youth and Families, an amendment to the title IV-E state plan and the United States Department of Health and Human Services, Administration for Children, Youth and Families approves said title IV-E state plan amendment regarding when a child is placed in a qualified residential treatment program in relation to the following components: (1) the qualified individual and the establishment of the assessment by the qualified individual to be completed prior to or with- in 30-days of the child's placement as established by section three of this act; (2) the 60 day court reviews, including the ability to conduct at the same time as another hearing scheduled for the child, as estab- lished by sections one, two, four, seven, eight, nine, ten, twelve, S. 2506--B 68 thirteen and fourteen of this act; and (3) permanency hearing require- ments as established by sections five, six and eleven of this act; (ii) provided however, that if the United States Department of Health and Human Services, Administration for Children, Youth and Families fails to approve or disapproves any of the components listed in para- graph (i) of this subdivision, such action shall not impact the effec- tive date for the remaining components listed therein; (b) the office of children and family services shall inform the legis- lative bill drafting commission upon the occurrence of the submission set forth in subdivision (a) of this section and any approval related thereto in order that the commission may maintain an effective and time- ly database of the official texts of the state of laws of New York in furtherance of effectuating the provisions of section 44 of the legisla- tive law and section 70-b of the public officers law; (c) for the purposes of this act, the term "placement" shall refer only to placements made on or after the effective date of the Title IV-E state plan to establish the 30-day assessment, 60-day court review and permanency hearing requirements set forth in this act that occur on or after its effective date; and (d) the office of children and family services and the office of court administration are hereby authorized to promulgate such rules and regu- lations on an emergency basis as may be necessary to implement the provisions of this act on or before such effective date. PART M Intentionally Omitted PART N Intentionally Omitted PART O Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preservation program, a sum not to exceed $14,700,000 for the fiscal year ending March 31, 2022. Within this amount, $200,000 shall be used for the purpose of entering into a contract with the neighborhood pres- ervation coalition to provide technical assistance and services to companies funded pursuant to article 16 of the private housing finance law. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood preservation program contracts authorized by this section, a total sum not to exceed $14,700,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as deter- mined and certified by the state of New York mortgage agency for the fiscal year 2020-2021 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the S. 2506--B 69 project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2021. § 2. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed $6,300,000 for the fiscal year ending March 31, 2022. Within this total amount, $200,000 shall be used for the purpose of entering into a contract with the rural housing coalition to provide technical assistance and services to companies funded pursuant to article 16 of the private housing finance law. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed $6,300,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2020-2021 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2021. § 3. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for services and expenses related to homeless housing and preventative services programs including but not limited to the New York state supportive housing program, the solutions to end homelessness program or the operational support for AIDS housing program, or to qualified grantees under such programs, in accordance with the requirements of such programs, a sum not to exceed $45,181,000 for the fiscal year ending March 31, 2022. The homeless housing and assistance corporation may enter into an agreement with the office of temporary and disability assistance to administer such sum in accordance with the requirements of such programs. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the homeless hous- ing and assistance corporation, a total sum not to exceed $45,181,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certi- fied by the state of New York mortgage agency for the fiscal year 2020- 2021 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insur- ance account of the mortgage insurance fund created pursuant to section S. 2506--B 70 2429-b of the public authorities law are sufficient to attain and main- tain the credit rating as determined by the state of New York mortgage agency, required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer shall be made as soon as practicable but no later than March 31, 2022. § 4. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for purposes of reimbursing New York city expenditures for adult shelters, a sum not to exceed $65,568,000 for the fiscal year ending March 31, 2022. Notwithstanding any other inconsistent provision of law, such funds shall be available for eligible costs incurred on or after January 1, 2021, and before January 1, 2022, that are otherwise reimbursable by the state on or after April 1, 2021, and that are claimed by March 31, 2022. Such reimbursement shall constitute total state reimbursement for activities funded herein in state fiscal year 2021-2022, and shall include reimbursement for costs associated with a court mandated plan to improve shelter conditions for medically frail persons and additional costs incurred as part of a plan to reduce over-crowding in congregate shel- ters. The homeless housing and assistance corporation may enter into an agreement with the office of temporary and disability assistance to administer such sum in accordance with the laws, rules or regulations relating to public assistance and care or the administration thereof. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, and the authorization by the members of the state of New York housing finance agency, the state of New York housing finance agency shall transfer to the homeless hous- ing and assistance corporation, a total sum not to exceed $65,568,000, such transfer to be made from excess funds of the housing finance agen- cy, not pledged to the payment of the agency's outstanding bonds. Such transfer shall be made as soon as practicable but no later than March 31, 2022. § 5. This act shall take effect immediately. PART P 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 K of chapter 56 of the laws of 2020, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$150.00] $152.00 for each month beginning on or after January first, two thousand [twenty] TWENTY-ONE. (b) in the case of each individual receiving residential care, an amount equal to at least [$174.00] $176.00 for each month beginning on or after January first, two thousand [twenty] TWENTY-ONE. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$207.00] $210.00 for each month beginning on or after January first, two thousand [twenty] TWENTY-ONE. (d) for the period commencing January first, two thousand [twenty-one] TWENTY-TWO, 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 S. 2506--B 71 living adjustment which becomes effective on or after January first, two thousand [twenty-one] TWENTY-TWO, but prior to June thirtieth, two thou- sand [twenty-one] TWENTY-TWO, rounded to the nearest whole dollar. § 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 K of chapter 56 of the laws of 2020, are amended to read as follows: (a) On and after January first, two thousand [twenty] TWENTY-ONE, for an eligible individual living alone, [$870.00] $881.00; and for an eligible couple living alone, [$1,279.00] $1,295.00. (b) On and after January first, two thousand [twenty] TWENTY-ONE, for an eligible individual living with others with or without in-kind income, [$806.00] $817.00; and for an eligible couple living with others with or without in-kind income, [$1,221.00] $1,237.00. (c) On and after January first, two thousand [twenty] TWENTY-ONE, (i) for an eligible individual receiving family care, [$1,049.48] $1,060.48 if he or she is receiving such care in the city of New York or the coun- ty 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 individ- ual receiving such care in any other county in the state, [$1,011.48] $1,022.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subpara- graph (iii) of this paragraph. (d) On and after January first, two thousand [twenty] TWENTY-ONE, (i) for an eligible individual receiving residential care, [$1,218.00] $1,229.00 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 individual receiving such care in any other county in the state, [$1,188.00] $1,199.00; 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) On and after January first, two thousand [twenty] TWENTY-ONE, (i) for an eligible individual receiving enhanced residential care, [$1,477.00] $1,488.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subpara- graph (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 [twenty-one] TWENTY- TWO but prior to June thirtieth, two thousand [twenty-one] TWENTY-TWO. § 3. This act shall take effect December 31, 2021. PART Q Section 1. Section 82 of the state finance law, as added by chapter 375 of the laws of 2018, is amended to read as follows: § 82. Gifts to food banks fund. 1. There is hereby established in the sole custody of the commissioner of taxation and finance a special fund to be known as the "gifts to food banks fund". Monies in the fund shall be kept separate from and not commingled with other funds held in the sole custody of the commissioner of taxation and finance. S. 2506--B 72 2. Such fund shall consist of all revenues received by the department of taxation and finance pursuant to the provisions of section six hundred twenty-five-a of the tax law and all other money appropriated, credited, or transferred thereto from any other fund or source pursuant to law. Nothing in this section shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. 3. Monies of the fund shall, after appropriation by the legislature, be made available to the [office of temporary and disability assistance] DEPARTMENT OF HEALTH for grants to regional food banks, organized to serve specific regions of the state, that generally collect and redis- tribute food donations to organizations serving persons in need. Monies shall be payable from the fund by the commissioner of taxation and finance on vouchers approved by the commissioner of [temporary and disa- bility assistance] HEALTH. The commissioner of [temporary and disability assistance] HEALTH shall promulgate rules and regulations necessary for the distribution of such grants. 4. To the extent practicable, the commissioner of [the office of temporary and disability assistance] HEALTH shall ensure that all monies received during a fiscal year are expended prior to the end of that fiscal year. 5. On or before the first day of February each year, the comptroller shall certify to the governor, temporary president of the senate, speak- er of the assembly, chair of the senate finance committee and chair of the assembly ways and means committee, the amount of money deposited in the gifts to food banks fund during the preceding calendar year as the result of revenue derived pursuant to section six hundred twenty-five-a of the tax law. 6. On or before the first day of February each year, the commissioner of [the office of temporary and disability assistance] HEALTH shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on social services, chair of the assembly social services committee, and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year and shall include: (a) the amount of money [dispersed] DISBURSED from the fund; (b) the recipients of awards from the fund; (c) the amount awarded to each recipient; (d) the purposes for which such awards were granted; and (e) a summary financial plan for such monies which shall include esti- mates of all receipts and all disbursements for the current and succeed- ing fiscal years, along with the actual results from the prior fiscal year. § 2. This act shall take effect immediately. PART R Intentionally Omitted PART S Intentionally Omitted S. 2506--B 73 PART T Intentionally Omitted PART U Section 1. Section 577 of the private housing finance law is amended by adding a new subdivision 2-a to read as follows: 2-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA- RY, A PROJECT OF A HOUSING DEVELOPMENT FUND COMPANY MANAGED OR OPERATED BY A COMPANY INCORPORATED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW AND THIS ARTICLE, THAT HAS ENTERED INTO A REGULATORY AGREEMENT WITH THE COMMISSIONER OR SUPERVISORY AGENCY PURSUANT TO SECTION FIVE HUNDRED SEVENTY-SIX OF THIS ARTICLE SHALL BE EXEMPT FROM THE SALES AND COMPEN- SATING USE TAXES IMPOSED PURSUANT TO ARTICLE TWENTY-EIGHT OR TWENTY-NINE OF THE TAX LAW, AND SUCH TAX EXEMPTION SHALL CONTINUE ONLY SO LONG AS SUCH AGREEMENT IS IN FORCE AND EFFECT. § 2. This act shall take effect immediately and shall apply to projects that entered into regulatory agreements pursuant to section 576 of the private housing finance law on or after January 1, 2020. PART V Section 1. Subdivisions 5, 6 and 7 of section 111-h of the social services law are REPEALED, and three new subdivisions 5, 6 and 7 are added to read as follows: 5. EXCEPT AS PROVIDED IN SUBDIVISION SIX OF THIS SECTION, WITH RESPECT TO ANY FUNDS PAID TO THE SUPPORT COLLECTION UNIT ESTABLISHED BY A SOCIAL SERVICES DISTRICT PURSUANT TO AN ORDER OF SUPPORT UNDER THE PROVISIONS OF ARTICLE FOUR, FIVE, FIVE-A OR FIVE-B OF THE FAMILY COURT ACT AND WHICH HAVE REMAINED FOR NO LESS THAN ONE YEAR AFTER DILIGENT EFFORTS TO LOCATE THE PERSON ENTITLED TO SUCH FUNDS, THE FAMILY COURT MAY ENTER AN ORDER DECREEING: (A) THAT THE FUNDS BE RETURNED TO THE PERSON WHO PAID THE FUNDS PURSUANT TO THE ORDER OF SUPPORT; OR (B) THAT THE FUNDS BE PAID TO THE STATE COMPTROLLER, IN ACCORDANCE WITH SUBDIVI- SION SIX OF THIS SECTION. 6. ANY FUNDS PAID TO A SUPPORT COLLECTION UNIT ESTABLISHED BY A SOCIAL SERVICES DISTRICT FOR WHICH THE REMITTER OF SUCH FUNDS HAS NOT PROVIDED SUFFICIENT IDENTIFYING INFORMATION TO ASSOCIATE THE FUNDS WITH AN EXIST- ING OR PREVIOUSLY EXISTING CHILD SUPPORT ACCOUNT, AND SUCH INFORMATION CANNOT BE DETERMINED AFTER DILIGENT EFFORTS, INCLUDING A REVIEW BY THE FAMILY COURT TO ASSESS THE DILIGENT EFFORTS OF THE SUPPORT COLLECTION UNIT OF THE LOCAL SOCIAL SERVICES DISTRICT, SHALL BE PAID TO THE STATE COMPTROLLER IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION. 7. IN THE MONTH OF APRIL, ON OR BEFORE THE TENTH DAY THEREOF, SUCH PAYMENT SHALL BE DELIVERED TO THE STATE COMPTROLLER PURSUANT TO SECTION THIRTEEN HUNDRED EIGHTEEN OF THE ABANDONED PROPERTY LAW, AND SHALL BE ACCOMPANIED BY A WRITTEN REPORT, AFFIRMED AS TRUE AND ACCURATE UNDER THE PENALTY OF PERJURY, CLASSIFIED AS THE STATE COMPTROLLER SHALL PRESCRIBE, SETTING FORTH: (A) THE NAMES AND LAST KNOWN ADDRESSES, IF ANY, OF THE PERSONS ENTI- TLED TO RECEIVE SUCH ABANDONED PROPERTY; (B) THE TITLE OF ANY PROCEEDING RELATING TO SUCH ABANDONED PROPERTY; AND (C) SUCH OTHER IDENTIFYING INFORMATION AS THE STATE COMPTROLLER MAY REQUIRE. S. 2506--B 74 § 2. Paragraph (c) of subdivision 1 of section 600 of the abandoned property law is REPEALED. § 3. Subdivision 3 of section 602 of the abandoned property law is REPEALED. § 4. The abandoned property law is amended by adding a new section 1318 to read as follows: § 1318. UNCLAIMED SPOUSAL AND CHILD SUPPORT. ANY AMOUNT REPRESENTING CHILD SUPPORT OR CHILD AND SPOUSAL SUPPORT PAID TO A SUPPORT COLLECTION UNIT ESTABLISHED BY A SOCIAL SERVICES DISTRICT WHICH HAS BEEN DELIVERED TO THE STATE COMPTROLLER PURSUANT TO SUBDIVISION SEVEN OF SECTION ONE HUNDRED ELEVEN-H OF THE SOCIAL SERVICES LAW SHALL BE DEEMED ABANDONED PROPERTY. ON OR BEFORE THE TENTH DAY OF APRIL IN EACH YEAR, SUCH ABAN- DONED PROPERTY SHALL BE PAID TO THE STATE COMPTROLLER. SUCH PAYMENT SHALL BE ACCOMPANIED BY A VERIFIED WRITTEN REPORT IN SUCH FORM AS THE STATE COMPTROLLER MAY PRESCRIBE. § 5. Intentionally omitted. § 6. Intentionally omitted. § 7. Intentionally omitted. § 8. This act shall take effect immediately; provided, however, that any funds which were deposited with the county treasurer or the commis- sioner of finance of the city of New York in accordance with section 111-h of the social services law prior to the effective date of this act shall be delivered to the state comptroller on or before April 1, 2022 in accordance with subdivision 7 of section 111-h of the social services law, as added by section one of this act. PART W Intentionally Omitted PART X Section 1. Section 2401 of the public authorities law is amended by adding a new undesignated paragraph to read as follows: IT IS FURTHER FOUND AND DETERMINED THAT THERE IS A SHORTAGE OF ADEQUATE FUNDS TO ASSIST IN THE NEW CONSTRUCTION OF HOUSING, INCLUDING MODULAR AND MANUFACTURED HOUSING. § 2. Subdivisions 2, 5, and 12 of section 2402 of the public authori- ties law, subdivision 2 as amended by chapter 806 of the laws of 1990, subdivision 5 as amended by chapter 151 of the laws of 2013, and subdi- vision 12 as added by chapter 915 of the laws of 1982, are amended to read as follows: (2) "Bank". Any bank or trust company, savings bank, savings and loan association, industrial bank, credit union, national banking associ- ation, federal savings and loan association, federal savings bank or federal credit union which is located in the state. The term "bank" shall also include a New York state licensed mortgage banker, or a domestic not-for-profit corporation whose public purposes include combatting community deterioration and which is an exempt organization as defined in paragraph (e) of subdivision one of section five hundred ninety of the banking law, or an entity exempt from licensing provisions in accordance with paragraph (a) of subdivision two of SUCH section [five hundred ninety of such law], which in any such case is approved as a mortgage lender by the Federal National Mortgage Association or by the Federal Home Loan Mortgage Corporation, OR DOMESTIC NOT-FOR-PROFIT S. 2506--B 75 CORPORATIONS THAT ARE CERTIFIED BY THE UNITED STATES DEPARTMENT OF TREA- SURY AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS OR LICENSED BY THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES. (5) "Mortgage". A loan owed to a bank secured by a first lien on a fee simple or leasehold estate in real property located in the state and improved by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE SHALL BE CONSTRUCTED USING THE PROCEEDS OF SUCH LOAN, whether or not insured or guaranteed by the United States of America or any agency thereof. The term "mortgage" shall also include a loan owed to a bank secured by a second lien on a fee simple or leasehold estate in real property located in the state and improved by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE SHALL BE CONSTRUCTED USING THE PROCEEDS OF THE RELATED LOAN DESCRIBED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVI- SION, whether or not insured or guaranteed by the United States of Amer- ica or any agency thereof, provided, however, that such second lien: (a) secures a loan purchased by the agency, and (b) is made at the same time as a first lien securing a loan purchased by the agency pursuant to its programs or by a government sponsored enterprise or is made at the same time as a new housing loan purchased by the agency pursuant to section twenty-four hundred five-c of this part. The term "mortgage" shall also include loans made by the agency and secured by a second lien on a fee simple or leasehold estate in real property located in the state and improved by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE SHALL BE CONSTRUCTED USING THE PROCEEDS OF SUCH LOAN, whether or not insured or guaranteed by the United States of America or any agency thereof, provided however, that the loan made by the agency and secured by such second lien is made at the same time as a first lien securing a mortgage loan purchased by the agency pursuant to its programs or by a government sponsored enterprise. In the case of any second lien purchased or made hereunder, the mortgagor shall be obligated to contribute from his or her own verifiable funds an amount not less than such percentage as the agency shall determine, of the lower of the purchase price or appraised value of the property subject to the first lien. "Real property" as used in this subdivision shall include air rights. For the purposes of this title and of [section one hundred ninety and subsection (a) of section one thousand four hundred fifty-six] SUBDIVI- SION TEN OF SECTION TWO HUNDRED TEN-B of the tax law, "mortgage" shall include housing loans as defined below. Except for the purposes of subdivision seven of section [two thousand four] TWENTY-FOUR hundred five and subdivision eight of section two thousand four hundred five-b of this part, "mortgage" shall also include a loan owed to a bank by an individual borrower incurred for the purpose of financing the purchase of certificates of stock or other evidence of ownership of an interest in, and a proprietary lease from, a cooperative housing corporation formed for the purpose of the cooperative ownership of residential real estate in the state, secured by an assignment or transfer of the bene- fits of such cooperative ownership, and containing such terms and condi- tions as the agency may approve. (12) "Forward commitment mortgage". A mortgage, WHICH INCLUDES NEW CONSTRUCTION LOANS, for which a commitment to advance funds is made not earlier than the date the agency issues an invitation to purchase mort- gages or such later date as specified in the invitation. A mortgage made in satisfaction of the obligation of a bank under section twenty-four hundred five of this [title] PART is not a forward commitment mortgage. S. 2506--B 76 § 3. Subdivisions 7 and 14 of section 2404 of the public authorities law, subdivision 7 as amended by chapter 782 of the laws of 1992, and subdivision 14 as added by chapter 612 of the laws of 1970, are amended to read as follows: (7) To (a) acquire, and contract to acquire, existing mortgages owned by banks and to enter into advance commitments to banks for the purchase of said mortgages, all subject to the provisions of section [two thou- sand four] TWENTY-FOUR hundred five of this [title] PART, (b) acquire, and contract to acquire, forward commitment mortgages made by banks and to enter into advance commitments to banks for the purchase of said mortgages, all subject to the provisions of section [two thousand four] TWENTY-FOUR hundred five-b of this [title] PART, (c) acquire, and contract to acquire, new housing loans made by banks and to enter into advance commitments to banks for the purchase of said housing loans, all subject to the provisions of section [two thousand four] TWENTY-FOUR hundred five-c of this [title] PART, [and] (d) to acquire and contract to acquire mortgages pursuant to section twenty-four hundred five-d of this title, AND (E) ACQUIRE, AND CONTRACT TO ACQUIRE, NEW CONSTRUCTION MORTGAGE LOANS OWNED BY BANKS AND TO ENTER INTO ADVANCE COMMITMENTS TO BANKS FOR THE PURCHASE OF SUCH MORTGAGES, ALL SUBJECT TO THE PROVISIONS OF SECTION TWENTY-FOUR HUNDRED FIVE-B OF THIS PART; (14) To renegotiate, refinance or foreclose, or contract for the fore- closure of, any mortgage in default; to waive any default or consent to the modification of the terms of any mortgage; to commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract or other agreement, and to bid for and purchase such property at any foreclosure or at any other sale, or acquire or take possession of any such property; to operate, manage, lease, dispose of, and other- wise deal with such property, in such manner as [may be necessary to protect the interests of the agency and the holders of its bonds and notes] WOULD FURTHER THE PURPOSES OF THE AGENCY, SUBJECT TO ANY AGREE- MENT WITH ITS BONDHOLDERS OR NOTEHOLDERS; § 4. Subdivisions 3 and 5 and paragraphs (a), (f), and (h) of subdivi- sion 8 of section 2405-b of the public authorities law, subdivisions 3 and 5 and paragraphs (a) and (h) of subdivision 8 as added by chapter 915 of the laws of 1982, paragraph (h) of subdivision 8 as further amended by section 104 of part A of chapter 62 of the laws of 2011 and paragraph (f) of subdivision 8 as amended by chapter 432 of the laws of 2009, are amended to read as follows: (3) In conducting its program of purchasing forward commitment mort- gages, the agency shall be governed by the provisions of paragraph (b) of subdivision three of section twenty-four hundred five of this [title] PART; HOWEVER, WITH RESPECT TO NEW CONSTRUCTION LOANS, THE AGENCY SHALL BE GOVERNED BY THE PROVISIONS OF ONLY SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION TWENTY-FOUR HUNDRED FIVE OF THIS PART. (5) Notwithstanding the maximum interest rate, if any, fixed by section 5-501 of the general obligations law or any other law not specifically amending or applicable to this section, the agency may set the interest rate to be borne by forward commitment mortgages purchased by the agency from banks at a rate or rates which the agency from time to time shall determine [to], PROVIDED HOWEVER, THAT IF SUCH MORTGAGES ARE FINANCED THROUGH THE ISSUANCE OF THE AGENCY'S BONDS OR NOTES, THE INTEREST RATE SHALL be at least sufficient, together with any other available monies, to provide for the payment of its bonds and notes, and forward commitment mortgages bearing such interest rate shall not be S. 2506--B 77 deemed to violate any such law or to be unenforceable if originated by a bank in good faith pursuant to an undertaking with the agency with respect to the sale thereof notwithstanding any subsequent failure of the agency to purchase the mortgage or any subsequent sale or disposi- tion of the mortgage by the agency to such bank or any other person. (a) OTHER THAN WITH RESPECT TO NEW CONSTRUCTION LOANS, the mortgage was not made in satisfaction of an obligation of the bank under section twenty-four hundred five of this [title] PART; (f) the mortgage constitutes a valid first lien, or second lien WITH RESPECT TO MORTGAGES OTHER THAN NEW CONSTRUCTION LOANS, on the real property described to the agency in accordance with subdivision five of section twenty-four hundred two of this part subject only to real prop- erty taxes not yet due, installments of assessments not yet due, and easements and restrictions of record which do not adversely affect, to a material degree, the use or value of the real property or improvements thereon; (h) the improvements to, OR NEW CONSTRUCTION OF, the mortgaged real property are covered by a valid and subsisting policy of insurance issued by a company authorized by the superintendent of financial services to issue such policies in the state of New York and providing fire and extended coverage to an amount not less than eighty percent of the insurable value of the improvements to, OR NEW CONSTRUCTION OF, the mortgaged real property. § 5. This act shall take effect immediately; provided, however, that: a. the amendments to subdivisions 2, 5 and 12 of section 2402 of the public authorities law made by section two of this act shall not affect the expiration of such subdivisions and shall be deemed to expire there- with; b. the amendments to subdivision 7 of section 2404 of the public authorities law made by section three of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith; and c. the amendments to section 2405-b of the public authorities law made by section four of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART Y Intentionally Omitted PART Z Section 1. This part enacts into law major components of legislation which are related to making child care more affordable for low-income families and easing administrative burdens for the child care workforce. Each component is wholly contained within a Subpart identified as Subparts A and B. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes reference to a section of "this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section two contains a severability clause for all provisions contained in each subpart of this S. 2506--B 78 Part. Section three of this act sets forth the general effective date of this Part. SUBPART A Section 1. Subdivision 8 of section 410-w of the social services law, as added by chapter 144 of the laws of 2015, is amended to read as follows: 8. Notwithstanding any other provision of law, rule or regulations to the contrary, a social services district that implements a plan amend- ment to the child care portion of its child and family services plan, either as part of an annual plan update, or through a separate plan amendment process, where such amendment reduces eligibility for, or increases the family share percentage of, families receiving child care services, or that implements the process for closing child care cases as set forth in the district's approved child and family services plan, due to the district determining that it cannot maintain its current caseload because all of the available funds are projected to be needed for open cases, shall provide all families whose eligibility for child care assistance or family share percentage will be impacted by such action with at least thirty days prior written notice of the action. PROVIDED, HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS TITLE SHALL NOT BE REQUIRED TO CONTRIBUTE MORE THAN TEN PERCENT OF THEIR INCOME EXCEEDING THE STATE INCOME STANDARD. § 2. Subdivision 6 of section 410-x of the social services law, as added by section 52 of part B of chapter 436 of the laws of 1997, is amended to read as follows: 6. Pursuant to department regulations, child care assistance shall be provided on a sliding fee basis based upon the family's ability to pay; PROVIDED, HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS TITLE SHALL NOT BE REQUIRED TO CONTRIBUTE MORE THAN TEN PERCENT OF THEIR INCOME EXCEEDING THE STATE INCOME STANDARD. § 3. This act shall take effect immediately. SUBPART B Section 1. Paragraph (a) of subdivision 2 of section 390-a of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows: (a) review and evaluate the backgrounds of and information supplied by any person applying to be a child day care center or school-age child care program employee or volunteer or group family day care assistant, a provider of family day care or group family day care, or a director of a child day care center, head start day care center or school-age child care program. Such procedures shall include but not be limited to the following requirements: that the applicant set forth his or her employ- ment history[, provide personal and employment references]; submit such information as is required for screening with the statewide central register of child abuse and maltreatment in accordance with the provisions of section four hundred twenty-four-a of this article; [sign a sworn statement indicating whether, to the best of his or her know- ledge, he or she has ever been convicted of a crime in this state or any other jurisdiction;] and provide his or her fingerprints for submission to the division of criminal justice services in accordance with the provisions of section three hundred ninety-b of this title; S. 2506--B 79 § 2. The opening paragraph of paragraph (b) of subdivision 2 of section 390-b of the social services law, as added by section 9 of part H of chapter 56 of the laws of 2019, is amended to read as follows: notwithstanding any other provision of law to the contrary, [prior to October first, two thousand twenty,] all clearances listed in subdivi- sion one of this section that have not previously been conducted pursu- ant to paragraph (a) of this subdivision and for which on-going criminal history results are not already provided, shall be conducted in accord- ance with a schedule developed by the office of children and family services, for all: § 3. Subparagraphs (i) and (iv) of paragraph (d) of subdivision 3-a of section 390-b of the social services law, as added by section 9 of part H of chapter 56 of the laws of 2019, are amended to read as follows: (i) Where a clearance conducted pursuant to this section reveals that an applicant to be the operator or director of a child day care program, or applicant to be a caregiver, or anyone who is not related in any way to all children for whom child care services will be provided, resides in the home over the age of eighteen where child day care is proposed to be provided to children in a home-based setting has been charged with a crime, the office of children and family services shall hold the appli- cation in abeyance until the charge is finally resolved; PROVIDED, HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE THE APPLICATION PRIOR TO RESOLUTION OF THE CHARGE IF A CONVICTION ON THE CHARGE WOULD NOT RESULT IN THE INDIVIDUAL, PROGRAM, OR PROVIDER BEING DEEMED INELIGIBLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION. (iv) Where a clearance conducted pursuant to this section reveals that an applicant to be an employee or volunteer with the potential for unsu- pervised contact with children of a child day care program or enrolled legally-exempt provider has been charged with a crime, the office shall hold the application in abeyance until the charge is finally resolved; PROVIDED, HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE THE APPLICATION PRIOR TO RESOLUTION OF THE CHARGE IF A CONVICTION ON THE CHARGE WOULD NOT RESULT IN THE EMPLOYEE OR VOLUNTEER BEING DEEMED INELIGIBLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION. § 4. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 1 of section 424-a of the social services law, as amended by section 14 of part H of chapter 56 of the laws of 2019, are amended to read as follows: (ii) A licensing agency shall inquire of the office whether an appli- cant for a certificate, license or permit to operate a child care program including a family day care home, group family day care home, child care center, school age child care program, or enrolled legally exempt provider or an employee, volunteer or applicant to be an employee or volunteer in such program who has potential for regular and substan- tial contact with children in the program, is the confirmed subject of an indicated child abuse report maintained by the statewide central register of child abuse and maltreatment; PROVIDED, HOWEVER, THAT A LICENSING AGENCY MAY, BUT IS NOT REQUIRED TO, SUBMIT AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH IF SUCH INDIVIDUAL HAS BEEN THE SUBJECT OF AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH WITHIN THE LAST FIVE YEARS AND HAS MAINTAINED A ROLE IN ONE OR MORE CHILD CARE PROGRAMS DURING SUCH FIVE- YEAR PERIOD WITHOUT A BREAK IN TIME WHERE SUCH INDIVIDUAL CEASED TO PLAY A ROLE IN ANY CHILD CARE PROGRAM OF NOT MORE THAN ONE HUNDRED EIGHTY CONSECUTIVE DAYS. The office shall promulgate regulations related to the process by which providers and applicants will be informed whether the S. 2506--B 80 applicant is authorized or unauthorized to care for children based on the outcome of such inquiry. (iii) A licensing agency shall inquire of the office whether any person age eighteen or older who is not related in any way to all chil- dren for whom care is provided that resides on the premises of where child care is provided in a setting that is not the child's own home by an enrolled legally-exempt provider as such term is defined in subdivi- sion one-a of section three hundred ninety-b of this [chapter] ARTICLE is the confirmed subject of an indicated child abuse report maintained by the statewide central register of child abuse and maltreatment; PROVIDED, HOWEVER, THAT A LICENSING AGENCY MAY, BUT IS NOT REQUIRED TO SUBMIT AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH IF SUCH INDIVIDUAL HAS BEEN THE SUBJECT OF AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH WITHIN THE LAST FIVE YEARS AND HAS MAINTAINED A ROLE IN ONE OR MORE CHILD CARE PROGRAMS DURING SUCH FIVE-YEAR PERIOD WITHOUT A BREAK IN TIME WHERE SUCH INDIVIDUAL CEASED TO PLAY A ROLE IN ANY CHILD CARE PROGRAM OF NOT MORE THAN ONE HUNDRED EIGHTY CONSECUTIVE DAYS. The office shall promulgate regulations related to the process by which providers and applicants will be informed whether the applicant is authorized or unauthorized to care for children based on the outcome of such inquiry. § 5. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the office of children and family services is hereby authorized to promulgate such rules and regu- lations as may be necessary to implement the provisions of this act on or before such effective date. § 2. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any subpart 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 by confined in its operation to the clause, sentence, paragraph, subdi- vision, section or part contained in any subpart thereof directly involved in the controversy in which such judgment 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. § 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 AA Section 1. Legislative findings and intent. The legislature finds that the transition to the green economy and creating good paying jobs are not mutually exclusive priorities for New York State. In order to make this transition and achieve the ambitious goals set forth in the Climate Leadership and Community Protection Act, a clear focus on prioritizing renewable energy sources is necessary. However, the workers who will build the infrastructure of the green economy must not be left behind. Setting clear standards for job quality will ensure the creation of good jobs, protect workers in the ongoing transition of our energy sector, and result in positive economic impacts. In addition to workers engaged directly in the renewable energy sector, New Yorkers have experienced widespread unemployment as a result of the pandemic. According to the New York State Department of Labor, as of January 2021 New York has paid over $61 billion in unemployment benefits to 4 million workers. New manufacturing and supply chain jobs are a necessary element of any S. 2506--B 81 pandemic recovery. Due to such findings, the legislature hereby declares that the mandate of prevailing wage or project labor agreements for construction work performed in connection with the installation of renewable energy systems and its Buy American preference provided in this bill will ensure that workers are central to New York State's tran- sition to the green economy and its pandemic recovery plan. § 2. The labor law is amended by adding a new section 224-d to read as follows: § 224-D. WAGE REQUIREMENTS FOR CERTAIN RENEWABLE ENERGY SYSTEMS. 1. FOR PURPOSES OF THIS SECTION, A "COVERED RENEWABLE ENERGY SYSTEM" MEANS A RENEWABLE ENERGY SYSTEM, AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, WITH A CAPACITY OF AT LEAST FIVE MEGAWATTS ALTERNATING CURRENT AND WHICH INVOLVES THE PROCUREMENT OF RENEWABLE ENERGY CREDITS BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF AND FOR THE BENEFIT OF A PUBLIC ENTITY. 2. NOTWITHSTANDING THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, A COVERED RENEWABLE ENERGY SYSTEM SHALL BE SUBJECT TO PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH SECTIONS TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE. PROVIDED THAT A RENEWA- BLE ENERGY SYSTEM DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW WHICH IS NOT CONSIDERED TO BE COVERED BY THIS SECTION, MAY STILL OTHERWISE BE CONSIDERED A "COVERED PROJECT" PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE IF IT MEETS SUCH DEFINITION. 3. FOR PURPOSES OF THIS SECTION, A COVERED RENEWABLE ENERGY SYSTEM SHALL EXCLUDE CONSTRUCTION WORK PERFORMED UNDER A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN AN OWNER OR CONTRACTOR AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION WHICH HAS ESTABLISHED ITSELF, AND/OR ITS AFFILIATES, AS THE COLLECTIVE BARGAINING REPRESEN- TATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON SUCH A PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE- NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM WORK ON SUCH A PROJECT, OR CONSTRUCTION WORK PERFORMED UNDER A LABOR PEACE AGREEMENT, PROJECT LABOR AGREEMENT, OR ANY OTHER CONSTRUCTION WORK PERFORMED UNDER AN ENFORCEABLE AGREEMENT BETWEEN AN OWNER OR CONTRACTOR AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION. 4. FOR PURPOSES OF THIS SECTION, THE "FISCAL OFFICER" SHALL BE DEEMED TO BE THE COMMISSIONER. THE ENFORCEMENT OF ANY COVERED RENEWABLE ENERGY SYSTEM PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-A, TWO HUNDRED TWENTY-B, TWO HUNDRED TWENTY-THREE, TWO HUNDRED TWENTY-FOUR-B, AND TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER AND WITHIN THE JURISDICTION OF THE FISCAL OFFICER; PROVIDED, HOWEVER, NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO CONSTRUE ANY COVERED RENEWABLE ENERGY SYSTEM AS OTHERWISE BEING CONSIDERED PUBLIC WORK PURSUANT TO THIS ARTICLE. 5. THE FISCAL OFFICER MAY ISSUE RULES AND REGULATIONS GOVERNING THE PROVISIONS OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO HUNDRED TWENTY-B OF THIS ARTICLE. § 2-a. The public service law is amended by adding a new section 66-r to read as follows: § 66-R. REQUIREMENTS FOR CERTAIN RENEWABLE ENERGY SYSTEMS. 1. FOR THE PURPOSES OF THIS SECTION, A "COVERED RENEWABLE ENERGY SYSTEM" MEANS A RENEWABLE ENERGY SYSTEM, AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-P OF THIS ARTICLE, WITH A CAPACITY OF AT LEAST FIVE MEGAWATTS ALTERNATING CURRENT AND WHICH INVOLVES THE PROCUREMENT OF RENEWABLE S. 2506--B 82 ENERGY CREDITS BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF AND FOR THE BENEFIT OF A PUBLIC ENTITY. 2. FOR PURPOSES OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT CORPORATION AS DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHTEEN HUNDRED ONE OF THE PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, A MUNICIPAL CORPORATION AS DEFINED IN SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, AN INDUSTRIAL DEVELOPMENT AGENCY FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW OR INDUSTRIAL DEVELOPMENT AUTHORITIES FORMED PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE, LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED BY ANY SUCH ENTITIES. 3. THE COMMISSION SHALL ENSURE THAT THE OWNER OF THE COVERED RENEWABLE ENERGY SYSTEM, OR A THIRD PARTY ACTING ON THE OWNER'S BEHALF, AS A CONDITION OF ANY RENEWABLE ENERGY CREDITS AGREEMENT WITH A PUBLIC ENTI- TY, SHALL STIPULATE TO THE FISCAL OFFICER THAT IT WILL ENTER INTO A LABOR PEACE AGREEMENT WITH AT LEAST ONE BONA FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR ATTEMPTING TO REPRESENT EMPLOYEES WHO WILL PROVIDE NECESSARY OPERATIONS AND MAINTENANCE SERVICES FOR THE RENEWABLE ENERGY SYSTEM, PROVIDED HOWEVER THAT NECESSARY OPER- ATIONS AND MAINTENANCE SERVICES SHALL NOT INCLUDE SEASONAL AND TEMPORARY EMPLOYMENT PERFORMED IN A MANNER NOT OTHERWISE NECESSARY FOR THE ACTUAL MAINTENANCE OF SUCH SYSTEM. THE MAINTENANCE OF SUCH A LABOR PEACE AGREE- MENT SHALL BE AN ONGOING MATERIAL CONDITION OF ANY CONTINUATION OF PAYMENTS UNDER A RENEWABLE ENERGY CREDITS AGREEMENT. FOR PURPOSES OF THIS SECTION "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTI- TY AND LABOR ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS FROM ENGAGING IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFERENCE WITH THE RELEVANT RENEWABLE ENERGY SYSTEM. "RENEW- ABLE ENERGY CREDITS AGREEMENT" SHALL MEAN ANY PUBLIC ENTITY CONTRACT THAT PROVIDES PRODUCTION-BASED PAYMENTS TO A RENEWABLE ENERGY PROJECT AS DEFINED IN THIS SECTION. 4.(A) ANY PUBLIC ENTITY, IN EACH CONTRACT FOR CONSTRUCTION, RECON- STRUCTION, ALTERATION, REPAIR, IMPROVEMENT OR MAINTENANCE OF A COVERED RENEWABLE ENERGY SYSTEM WHICH INVOLVES THE PROCUREMENT OF A RENEWABLE ENERGY CREDITS AGREEMENT BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF AND FOR THE BENEFIT OF A PUBLIC ENTITY, THE "PUBLIC WORK" FOR THE PURPOSES OF THIS SUBDIVISION, SHALL ENSURE THAT SUCH CONTRACT SHALL CONTAIN A PROVISION THAT THE IRON AND STRUCTURAL STEEL USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT, OR THAT IS PERMANENTLY INCORPORATED INTO THE PUBLIC WORK, SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF A STRUCTURAL IRON OR STRUCTURAL STEEL PRODUCT ALL MANUFAC- TURING MUST TAKE PLACE IN THE UNITED STATES, FROM THE INITIAL MELT- ING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES. FOR THE PURPOSES OF THIS SUBDIVISION, "PERMANENTLY INCORPORATED" SHALL MEAN AN IRON OR STEEL PRODUCT THAT IS REQUIRED TO REMAIN IN PLACE AT THE END OF THE PROJECT CONTRACT, IN A FIXED LOCATION, AFFIXED TO THE PUBLIC WORK TO WHICH IT WAS INCORPORATED. IRON AND STEEL PRODUCTS THAT ARE CAPABLE OF BEING MOVED FROM ONE LOCATION TO ANOTHER ARE NOT PERMANENTLY INCOR- PORATED INTO A PUBLIC WORK. S. 2506--B 83 (B) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY IF THE HEAD OF THE DEPARTMENT OR AGENCY CONSTRUCTING THE PUBLIC WORKS, IN HIS OR HER SOLE DISCRETION, DETERMINES THAT THE PROVISIONS WOULD NOT BE IN THE PUBLIC INTEREST, WOULD RESULT IN UNREASONABLE COSTS, OR THAT OBTAINING SUCH STEEL OR IRON IN THE UNITED STATES WOULD INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT, OR SUCH IRON OR STEEL, INCLUDING WITHOUT LIMITATION STRUCTURAL IRON AND STRUCTURAL STEEL CANNOT BE PRODUCED OR MADE IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY. THE HEAD OF THE DEPARTMENT OR AGENCY CONSTRUCTING THE PUBLIC WORKS SHALL INCLUDE THIS DETERMINATION IN AN ADVERTISEMENT OR SOLICITATION OF A REQUEST FOR PROPOSAL, INVITATION FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM OFFERORS INTENDING TO RESULT IN A CONTRACT PURSUANT TO THIS SUBDIVISION. (C) IF THE PUBLIC ENTITY FINDS IT FEASIBLE AND IN THE BEST INTERESTS OF THE PEOPLE OF THE STATE IN ENSURING RELIABLE OPERATIONS AND SUPPLY CHAIN EFFICIENCY AND CONSISTENT WITH ALL APPLICABLE LAWS TO WHICH THE STATE IS BOUND, IT MAY REQUIRE THE OWNER OF THE RENEWABLE ENERGY SYSTEM TO USE CERTAIN COMPONENTS AND PARTS MANUFACTURED IN THE STATE. 5. WHENEVER CHANGES ARE PROPOSED TO ANY PUBLIC PROCUREMENT PROCESS INVOLVING THE PROGRAM DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, THE COMMISSION SHALL MAKE SIMULTANEOUS RECOMMENDATIONS TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, REGARDING NECESSARY CHANGES TO THIS SECTION, IF ANY, IN MEETING THE GOALS OUTLINED IN THE LEGISLATIVE FINDINGS AND INTENT OF THE CHAPTER BY WHICH THIS SECTION WAS ENACTED. § 2-b. Section 66-p of the public service law, as added by chapter 705 of the laws of 2019, is renumbered section 66-q. § 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, or section 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, or section thereof directly involved in the controversy in which such judgment 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. § 4. This act shall take effect on January 1, 2022 and shall apply to covered renewable energy projects that begin on or after that date. PART BB Intentionally Omitted PART CC Section 1. Subdivisions 3 and 4 of section 581-a of the labor law, as amended by chapter 21 of the laws of 2021, are amended to read as follows: 3. Notwithstanding the provisions of section five hundred eighty-one of this title to the contrary, AND FOR THE PURPOSE OF RESPONDING TO THE COVID-19 PANDEMIC, any employer whose employees receive payments under this article [and whose claims for unemployment insurance arise due to the closure of the employer or a reduction in the workforce of the employer for reasons related to the COVID-19 pandemic, or due to a S. 2506--B 84 mandatory order of a government entity duly authorized to issue such order to close such employer due to the COVID-19 pandemic,] FOR UNEM- PLOYMENT CLAIMS MADE on or after March [twelfth] NINTH, two thousand twenty shall not have included in their experience rating charges the amounts so paid to the employees from the fund. SUCH CHARGES, IF NOT REIMBURSED, IN WHOLE OR IN PART BY THE FEDERAL GOVERNMENT, SHALL BE MADE TO THE GENERAL ACCOUNT FOR THE FUND CREATED BY SECTION FIVE HUNDRED FIFTY OF THIS ARTICLE. 4. The provisions of this section shall apply to an employer liable for CONTRIBUTIONS OR payments in lieu of contributions, but if the secretary of labor of the United States finds that their application to such employer does not meet the requirements of the Federal Unemployment Tax Act, such provisions shall be inoperative with respect to such employer, unless and until such finding has been set aside pursuant to a final decision issued in accordance with such judicial review proceedings as may be instituted and completed under the provisions of section thirty-three hundred ten of the Federal Unemployment Tax Act. § 2. Section 2 of chapter 21 of the laws of 2021, amending the labor law relating to prohibiting the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges, is amended to read as follows: § 2. This act shall take effect immediately and shall expire AND BE DEEMED REPEALED ON December 31, 2021, [when upon such date the provisions of this act shall be deemed repealed] OR UPON THE EXPIRATION OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER 202 OF 2020, WHICHEVER IS LATER; PROVIDED THAT THE COMMISSIONER OF LABOR SHALL NOTI- FY THE LEGISLATIVE BILL DRAFTING COMMISSION UPON THE OCCURRENCE OF THE EXPIRATION OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER 202 OF 2020 IN ORDER THAT THE COMMISSION MAY MAINTAIN AN ACCURATE AND TIMELY EFFECTIVE DATA BASE OF THE OFFICIAL TEXT OF THE LAWS OF THE STATE OF NEW YORK IN FURTHERANCE OF EFFECTUATING THE PROVISIONS OF SECTION 44 OF THE LEGISLATIVE LAW AND SECTION 70-B OF THE PUBLIC OFFICERS LAW. § 3. This act shall take effect immediately. PART DD Section 1. Short title. This act shall be known and may be cited as the "COVID-19 emergency rental assistance program of 2021". § 2. The public housing law is amended by adding a new article 14 to read as follows: ARTICLE XIV COVID-19 EMERGENCY RENTAL ASSISTANCE PROGRAM SECTION 600. LEGISLATIVE FINDINGS. 601. DEFINITIONS. 602. AUTHORITY TO IMPLEMENT EMERGENCY RENTAL AND UTILITY ASSIST- ANCE. 603. ALLOCATION AMONG THE CITY OF NEW YORK AND THE RESPECTIVE COUNTIES OF THE STATE. 604. ELIGIBILITY. 605. APPLICATION. 606. DOCUMENTATION. 607. RESTRICTIONS ON EVICTION. 608. PAYMENTS. 609. NO REPAYMENT AND ASSISTANCE NOT CONSIDERED INCOME. 610. NOTICE TO TENANTS IN EVICTION PROCEEDINGS. S. 2506--B 85 611. NOTICE TO TENANTS RECEIVING RENT DEMANDS. 612. NOTICE TO APPLICANTS FOR ASSISTANCE UNDER THE EMERGENCY RENT RELIEF ACT OF 2020. 613. OUTREACH. 614. FAIR HOUSING OBLIGATIONS. 615. REPORTS BY THE COMMISSIONER. § 600. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS IN THE PUBLIC INTEREST TO ENSURE THAT NEW YORKERS ARE NOT RENDERED HOMELESS OR SEVERELY FINANCIALLY BURDENED BECAUSE OF AN INABILITY TO PAY THE COST OF HOUSING AND OTHER NECESSITIES DUE TO LOSS OF INCOME, INCREASED NECESSARY OUT-OF-POCKET EXPENSES, OR DIFFICULTY IN SECURING ALTERNATIVE HOUSING RELATED TO THE WIDESPREAD OUTBREAK OF THE CORONAVIRUS COMMONLY KNOWN AS COVID-19. THE LEGISLATURE FURTHER FINDS THAT PROVIDING FUNDING FOR HOUSEHOLDS TO PAY RENT AND UTILITY COSTS THAT THEY WOULD OTHERWISE HAVE DIFFICULTY PAYING WILL PROMOTE THE STABILITY AND PROPER MAINTENANCE OF THE RENTAL HOUSING STOCK AND ASSIST COMMUNITIES IN RECOVERING FROM THE ADVERSE SOCIAL AND ECONOMIC EFFECTS OF THE COVID-19 OUTBREAK. § 601. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 1. "COMMISSIONER" SHALL MEAN THE STATE COMMISSIONER OF SOCIAL SERVICES AS DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW. 2. "E-PAYMENT APPLICATION TRANSACTION" SHALL MEAN A FINANCIAL TRANS- ACTION CONDUCTED ON AN ONLINE PAYMENT APPLICATION. SUCH APPLICATIONS INCLUDE BUT ARE NOT LIMITED TO: ZELLE, CASH APP, PAYPAL, VENMO, XOOM, CIRCLE PAY, GOOGLE PAY, FACEBOOK MESSENGER, APPLE PAY, WECHAT PAY, ALIPAY, AND KAKAOPAY. 3. "FAIR MARKET RENT" SHALL MEAN THE FAIR MARKET RENT FOR EACH RENTAL AREA AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S OFFICE OF POLICY DEVELOPMENT AND RESEARCH PURSU- ANT TO 42 USC 1437F. 4. "FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM" SHALL MEAN THE EMER- GENCY RENTAL ASSISTANCE FUNDING ISSUED PURSUANT TO SECTION 501 OF THE CONSOLIDATED APPROPRIATIONS ACT OF 2021, PUB L. NO. 116-260 §501, 888-97 (2021). 5. "INCOME" SHALL MEAN INCOME FROM ALL SOURCES OF EACH MEMBER OF THE HOUSEHOLD, INCLUDING ALL WAGES, TIPS, OVERTIME, SALARY, RECURRING GIFTS, RETURNS ON INVESTMENTS, WELFARE ASSISTANCE, SOCIAL SECURITY PAYMENTS, CHILD SUPPORT PAYMENTS, UNEMPLOYMENT BENEFITS, ANY BENEFIT, PAYMENT OR CASH GRANT WHOSE PURPOSE IS TO ASSIST WITH RENTAL PAYMENTS, ANY PAYMENTS WHOSE PURPOSE IS TO REPLACE LOST INCOME, AND ANY OTHER GOVERNMENT BENE- FIT OR CASH GRANT. THE TERM "INCOME" SHALL NOT INCLUDE: EMPLOYMENT INCOME FROM CHILDREN UNDER EIGHTEEN YEARS OF AGE, EMPLOYMENT INCOME FROM INDIVIDUALS EIGHTEEN YEARS OF AGE OR OLDER WHO ARE FULL-TIME STUDENTS AND ARE ELIGIBLE TO BE CLAIMED AS DEPENDENTS PURSUANT TO INTERNAL REVEN- UE SERVICE REGULATIONS, FOSTER CARE PAYMENTS, SPORADIC GIFTS, GROCERIES PROVIDED BY PERSONS NOT LIVING IN THE HOUSEHOLD, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS, OR THE EARNED INCOME TAX CREDIT. 6. "MANUFACTURED HOME TENANT" SHALL HAVE THE SAME MEANING AS DEFINED BY SECTION TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW. 7. "OCCUPANT" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION TWO HUNDRED THIRTY-FIVE-F OF THE REAL PROPERTY LAW. 8. "RENT" SHALL MEAN RENT AS DEFINED BY SECTION SEVEN HUNDRED TWO OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AND SUBJECT TO PROCEEDINGS UNDER ARTICLE SEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, INCLUDING STATUTORY RENTS AND MAINTENANCE FEES PAID PURSUANT TO A PROPRIETARY LEASE ON A CO-OPERATIVE DWELLING UNIT. S. 2506--B 86 9. "RENTAL ARREARS" SHALL MEAN UNPAID RENT OWED TO THE LANDLORD THAT ACCRUED ON OR AFTER MARCH THIRTEENTH, TWO THOUSAND TWENTY, THE DATE OF THE EMERGENCY DECLARATION PURSUANT TO SECTION 501(B) OF THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT, 42 U.S.C. 5191(B). 10. "SMALL AREA FAIR MARKET RENT" SHALL MEAN THE FAIR MARKET RENT FOR EACH ZIP CODE WITHIN A LARGE METROPOLITAN AREA AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S OFFICE OF POLICY DEVELOPMENT AND RESEARCH. 11. "UTILITY ARREARS" SHALL MEAN UNPAID PAYMENTS TO PROVIDERS OF UTIL- ITY SERVICES ACCRUED ON OR AFTER MARCH THIRTEENTH, TWO THOUSAND TWENTY, THE DATE OF THE EMERGENCY DECLARATION PURSUANT TO SECTION 501(B) OF THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT, 42 U.S.C. 5191(B), FOR SEPARATELY-STATED ELECTRICITY, GAS, WATER, SEWER, TRASH REMOVAL AND ENERGY COSTS, SUCH AS FUEL OIL. § 602. AUTHORITY TO IMPLEMENT EMERGENCY RENTAL AND UTILITY ASSISTANCE. 1. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO IMPLEMENT, AS SOON AS PRACTICABLE, A PROGRAM OF RENTAL AND UTILITY ASSISTANCE FOR THOSE ELIGIBLE PURSUANT TO SECTION SIX HUNDRED FOUR OF THIS ARTICLE. 2. SUCH PROGRAM SHALL BE FUNDED WITH: (A) ALL FUNDS RECEIVED BY THE STATE FROM THE FEDERAL EMERGENCY ASSISTANCE PROGRAM; (B) ANY FUNDS REMAINING THAT WERE ALLOCATED FROM THE FEDERAL CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT OF 2020 (P.L. 116-136) FOR THE EMER- GENCY RENT RELIEF ACT OF 2020, PURSUANT TO CHAPTER ONE HUNDRED TWENTY- FIVE OF THE LAWS OF TWO THOUSAND TWENTY, SUCH THAT THE SUM OF SUCH FUNDS ACTUALLY EXPENDED PURSUANT TO SUCH CHAPTER AND THAT SUCH FUNDS REALLO- CATED AND EXPENDED PURSUANT TO THIS ARTICLE SHALL EQUAL ONE HUNDRED MILLION DOLLARS; (C) ANY ADDITIONAL FUNDS RECEIVED FROM THE FEDERAL GOVERNMENT BY THE STATE OF NEW YORK FOR ASSISTANCE WITH RENT OR UTILI- TIES RELATED TO THE COVID-19 PANDEMIC, INCLUDING ANY FUNDS FOR SUCH PURPOSES RECEIVED BY THE STATE PURSUANT TO THE FEDERAL AMERICAN RESCUE PLAN ACT; AND (D) ANY STATE FUNDS APPROPRIATED FOR SUCH PROGRAM. 3. THE COMMISSIONER SHALL WORK WITH LOCALITIES THROUGHOUT THE STATE THAT HAVE RECEIVED FUNDS DIRECTLY FROM THE FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM SO THAT ONE CENTRAL POINT OF APPLICATION SHALL BE MADE AVAILABLE FOR ANY AND ALL FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM FUNDS AND ANY SUCH ADDITIONAL FUNDS IN THE STATE OF NEW YORK. 4. THE COMMISSIONER SHALL ADOPT, ON AN EMERGENCY BASIS PURSUANT TO SUBDIVISION SIX OF SECTION TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT, ANY RULES NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE. 5. THE COMMISSIONER MAY DELEGATE THE ADMINISTRATION OF ANY PORTIONS OF THIS PROGRAM TO ANY STATE AGENCY, CITY, COUNTY, TOWN, PUBLIC HOUSING AUTHORITY, OR NON-PROFIT ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. § 603. ALLOCATION AMONG THE CITY OF NEW YORK AND THE RESPECTIVE COUN- TIES OF THE STATE. THE COMMISSIONER AND EACH LOCALITY IN RECEIPT OF FUNDS FROM THE FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM SHALL WORK JOINTLY TO ENSURE THAT, IN TOTAL, THE ALLOCATION OF FUNDS FROM THIS PROGRAM FOR HOUSEHOLDS WITHIN THE CITY OF NEW YORK OR WITHIN EACH COUNTY OUTSIDE THE CITY OF NEW YORK, WHETHER GRANTED TO THE STATE OR DIRECTLY TO SUCH LOCALITIES IS NO LESS THAN NINETY PERCENT OF THE PROPORTIONAL SHARE OF ALL RENTER HOUSEHOLDS IN THE STATE THAT RESIDE IN SUCH CITY OR COUNTY, AS PROMULGATED BY THE AMERICAN COMMUNITY SURVEY (ACS) FROM THE UNITED STATES CENSUS BUREAU, AND NO MORE THAN ONE HUNDRED TEN PERCENT OF SUCH PROPORTIONAL SHARE. S. 2506--B 87 § 604. ELIGIBILITY. THE COMMISSIONER SHALL PROMULGATE STANDARDS FOR DETERMINING ELIGIBILITY FOR THIS PROGRAM. 1. ALL HOUSEHOLDS, REGARDLESS OF IMMIGRATION STATUS, SHALL BE ELIGIBLE FOR RENTAL ASSISTANCE, UTILITY ASSISTANCE, OR BOTH IF THE HOUSEHOLD: (A) IS A TENANT OR OCCUPANT IN THEIR PRIMARY RESIDENCE IN THE STATE OF NEW YORK, INCLUDING BOTH TENANTS AND OCCUPANTS OF DWELLING UNITS AND MANUFACTURED HOME TENANTS; (B) INCLUDES AN INDIVIDUAL WHO QUALIFIES FOR UNEMPLOYMENT OR EXPERI- ENCED A REDUCTION IN HOUSEHOLD INCOME, INCURRED SIGNIFICANT COSTS, OR EXPERIENCED OTHER FINANCIAL HARDSHIP DUE, DIRECTLY OR INDIRECTLY, TO THE COVID-19 OUTBREAK; (C) DEMONSTRATE A RISK OF EXPERIENCING HOMELESSNESS OR HOUSING INSTA- BILITY; AND (D) HAS A HOUSEHOLD INCOME AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR HOUSEHOLD SIZE. 2. HOUSEHOLDS WHO WOULD OTHERWISE BE ELIGIBLE FOR THIS PROGRAM PURSU- ANT TO SUBDIVISION ONE OF THIS SECTION BUT FOR A HOUSEHOLD INCOME THAT EXCEEDS EIGHTY PERCENT OF THE AREA MEDIAN INCOME ADJUSTED FOR HOUSEHOLD SIZE SHALL BE ELIGIBLE PURSUANT TO THIS SUBDIVISION IF THEY HAVE A HOUSEHOLD INCOME AT OR BELOW ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME ADJUSTED FOR HOUSEHOLD SIZE, PROVIDED THAT ASSISTANCE FOR THOSE ELIGIBLE PURSUANT TO THIS SUBDIVISION SHALL BE PAID FOR ONLY WITH STATE FUNDS ALLOCATED FOR THIS PURPOSE. 3. FOR THE PURPOSES OF THIS PROGRAM, INCOME MAY BE CONSIDERED: (A) THE HOUSEHOLD'S TOTAL INCOME FOR CALENDAR YEAR TWO THOUSAND TWEN- TY; OR (B) THE HOUSEHOLD'S CURRENT MONTHLY INCOME AT THE TIME OF APPLICATION FOR SUCH ASSISTANCE. IF A HOUSEHOLD IS APPLYING FOR ASSISTANCE USING CURRENT MONTHLY INCOME, THE HOUSEHOLD SHALL ONLY BE ELIGIBLE FOR ASSIST- ANCE FOR THE MONTHS DURING WHICH THEY MEET THE CRITERIA IN SUBDIVISION ONE OF THIS SECTION. 4. IN ADDITION TO THE ELIGIBILITY CRITERIA IN SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER MAY PROMULGATE LIMITS ON ASSETS AS PART OF ANY DETERMINATION OF ELIGIBILITY FOR THIS PROGRAM. THE COMMISSIONER SHALL EXCLUDE FROM ANY CALCULATION OF ASSETS MADE PURSUANT TO THIS SECTION ASSETS HELD IN A TAX-DEFERRED OR COMPARABLE RETIREMENT SAVINGS ACCOUNT OR ANY VEHICLE USED REGULARLY BY A MEMBER OF THE HOUSEHOLD. 5. THE COMMISSIONER SHALL ESTABLISH PREFERENCES IN PROCESSING APPLICA- TIONS AND ALLOCATING FUNDS UNDER THIS PROGRAM. SUCH PREFERENCES SHALL AT A MINIMUM PRIORITIZE EACH OF THE FOLLOWING: (A) HOUSEHOLDS WHOSE INCOME DOES NOT EXCEED FIFTY PERCENT OF THE AREA MEDIAN INCOME ADJUSTED FOR HOUSEHOLD SIZE; AND (B) HOUSEHOLDS WITHIN WHICH ONE OR MORE INDIVIDUALS ARE UNEMPLOYED AS OF THE DATE OF THE APPLICATION FOR ASSISTANCE AND HAVE NOT BEEN EMPLOYED FOR THE NINETY DAYS PRECEDING SUCH DATE. 6. THE COMMISSIONER MAY ALSO GRANT PREFERENCES FOR HOUSEHOLDS WHO: (A) ARE TENANTS OF MOBILE HOMES OR MOBILE HOME PARKS WHOSE ARREARS HAVE ACCRUED FOR THE LAND ON WHICH THE MOBILE HOME IS LOCATED; (B) INCLUDE ONE OR MORE INDIVIDUALS WHO ARE VICTIMS OF DOMESTIC VIOLENCE; (C) APPLY JOINTLY WITH THEIR LANDLORD; OR (D) HAVE EVICTION CASES THAT ARE PENDING ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND TWENTY-ONE; PROVIDED THAT AMONG HOUSEHOLDS GRANTED A PREF- ERENCE BECAUSE THEY APPLY JOINTLY WITH THEIR LANDLORD, THE COMMISSIONER MAY GRANT AN ADDITIONAL PREFERENCE FOR HOUSEHOLDS WHOSE LANDLORD IS A NON-PROFIT PROVIDER OF AFFORDABLE HOUSING; PROVIDED FURTHER THAT ANY S. 2506--B 88 PREFERENCE GRANTED PURSUANT TO THIS SUBDIVISION SHALL NOT SUPERSEDE EITHER OF THE PREFERENCES GRANTED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. 7. A HOUSEHOLD MAY APPLY FOR UTILITY ASSISTANCE, RENTAL ASSISTANCE, OR BOTH. 8. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO DISQUALIFY APPLICA- TIONS FROM TENANTS OF STATE-FUNDED PUBLIC HOUSING AGENCIES. 9. NO RENTAL ASSISTANCE PROVIDED PURSUANT TO THIS ARTICLE SHALL BE DUPLICATIVE OF ASSISTANCE FOR RENT OR RENTAL ARREARS PREVIOUSLY RECEIVED BY THE HOUSEHOLD. 10. ANY AMBIGUITY IN ELIGIBILITY CRITERIA PROMULGATED BY THE COMMIS- SIONER SHALL BE RESOLVED IN FAVOR OF THE APPLICANT WHEN DETERMINING ELIGIBILITY. 11. ANY INFORMATION COLLECTED ABOUT A HOUSEHOLD IN THE PROCESS OF DETERMINING ELIGIBILITY SHALL SOLELY BE USED FOR THE PURPOSES OF DETER- MINING ELIGIBILITY AND SHALL NOT BE SHARED WITH ANY OTHER GOVERNMENTAL AGENCY. 12. AN INDIVIDUAL FULL-TIME COLLEGE STUDENT OR A HOUSEHOLD CONSISTING EXCLUSIVELY OF FULL-TIME COLLEGE STUDENTS IS INELIGIBLE FOR THIS PROGRAM UNLESS EACH INDIVIDUAL IN THE HOUSEHOLD SATISFIES THE FOLLOWING CONDI- TIONS: (A) THE INDIVIDUAL SHALL HAVE ESTABLISHED A HOUSEHOLD SEPARATE FROM HIS OR HER PARENTS OR LEGAL GUARDIANS FOR AT LEAST ONE YEAR PRIOR TO APPLICATION FOR ADMISSION OR SHALL MEET THE UNITED STATES DEPARTMENT OF EDUCATION'S DEFINITION OF INDEPENDENT STUDENT; AND (B) THE INDIVIDUAL SHALL NOT BE CLAIMED AS A DEPENDENT BY HIS OR HER PARENTS OR LEGAL GUARDIANS PURSUANT TO INTERNAL REVENUE SERVICE (IRS) REGULATIONS. § 605. APPLICATION. 1. AS SOON AS PRACTICABLE AND NO LATER THAN FOUR- TEEN DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE COMMISSIONER SHALL MAKE AN APPLICATION FOR THE PROGRAM AVAILABLE ON ITS WEBSITE. THE APPLICATION SHALL BE AVAILABLE ONLINE IN ENGLISH, SPANISH, CHINESE, RUSSIAN, YIDDISH, HAITIAN (FRENCH CREOLE), BENGALI, AND ITALIAN. THE COMMISSIONER SHALL ENABLE APPLICATIONS TO BE ACCEPTED VIA TELEPHONE. THE APPLICATION PERIOD SHALL REMAIN OPEN FOR A MINIMUM OF ONE HUNDRED EIGHTY DAYS UNLESS ALL AVAILABLE FUNDING HAS BEEN ALLOCATED PRIOR TO THE EXPI- RATION OF ONE HUNDRED EIGHTY DAYS. 2. THE COMMISSIONER SHALL DESIGNATE NON-FOR-PROFIT ORGANIZATIONS THAT SHALL BE PERMITTED TO ASSIST HOUSEHOLDS IN APPLYING FOR ASSISTANCE AND SUCH ORGANIZATIONS SHALL BE PERMITTED TO FILE APPLICATIONS ON BEHALF OF SUCH HOUSEHOLDS. 3. THE COMMISSIONER SHALL PROVIDE FOR PROCEDURES UNDER WHICH A LAND- LORD OR OWNER OF A RESIDENTIAL DWELLING SHALL BE PERMITTED TO SUBMIT AN APPLICATION FOR ASSISTANCE ON BEHALF OF A TENANT OR OCCUPANT OF SUCH DWELLING. SUCH LANDLORD OR OWNER SHALL BE REQUIRED TO: (A) OBTAIN THE SIGNATURE OF THE TENANT ON SUCH APPLICATION, WHICH MAY BE DOCUMENTED ELECTRONICALLY; (B) PROVIDE THE TENANT WITH DOCUMENTATION OF SUCH APPLICATION; (C) USE ANY PAYMENTS RECEIVED PURSUANT TO THIS ARTICLE SOLELY TO SATISFY THE TENANT'S RENTAL OBLIGATIONS TO THE LANDLORD OR OWNER; AND (D) KEEP CONFIDENTIAL ANY INFORMATION OR DOCUMENTATION FROM OR ABOUT THE TENANT ACQUIRED PURSUANT TO THIS APPLICATION PROCESS. 4. UPON RECEIPT OF AN APPLICATION, THE COMMISSIONER SHALL MAKE AVAIL- ABLE A TRACKING NUMBER BY WHICH BOTH THE APPLICANT HOUSEHOLD AND LAND- LORD OF THE APPLICANT HOUSEHOLD MAY TRACK THE STATUS OF THE APPLICATION. S. 2506--B 89 § 606. DOCUMENTATION. THE COMMISSIONER SHALL ESTABLISH PROCEDURES THAT ARE APPROPRIATE AND NECESSARY TO ASSURE THAT INFORMATION NECESSARY TO DETERMINE ELIGIBILITY PROVIDED BY HOUSEHOLDS APPLYING FOR OR RECEIVING ASSISTANCE UNDER THIS ARTICLE IS COMPLETE AND ACCURATE. DOCUMENTATION MAY INCLUDE BUT IS NOT LIMITED TO: A SIGNED LEASE, RENT DEMAND NOTICE, PAYCHECK STUBS, EARNING STATEMENTS, BANK STATEMENTS, TAX RECORDS, W-2 OR 1099 FORMS, E-PAYMENT APPLICATION TRANSACTION HISTORY, WRITTEN STATE- MENTS FROM A FORMER OR CURRENT EMPLOYER, TELEPHONE OR IN-PERSON CONTACT WITH A FORMER OR CURRENT EMPLOYER, SELF-ATTESTATION BY THE APPLICANT, OR OTHER METHODS APPROVED BY THE COMMISSIONER. WHEN SELF-ATTESTATION IS USED AS DOCUMENTATION, THE APPLICANT SHALL ALSO ATTEST THAT THE APPLI- CANT HAS NO OTHER DOCUMENTATION AVAILABLE. WHEN SELF-ATTESTATION IS USED TO CERTIFY RENT OWED, THE APPLICANT SHALL ALSO ATTEST THAT THE HOUSEHOLD HAS NOT RECEIVED, AND DOES NOT ANTICIPATE RECEIVING, ANOTHER SOURCE OF PUBLIC OR PRIVATE SUBSIDY OR ASSISTANCE FOR THE RENTAL COSTS THAT ARE THE SUBJECT OF THE ATTESTATION, AND SUCH ASSISTANCE MAY ONLY BE PROVIDED FOR THREE MONTHS AT A TIME. ALL PAYMENTS FOR UTILITIES AND HOME ENERGY COSTS SHALL BE SUPPORTED BY A BILL, INVOICE, OR EVIDENCE OF PAYMENT TO THE PROVIDER OF THE UTILITY OR HOME ENERGY SERVICE. § 607. RESTRICTIONS ON EVICTION. EVICTION PROCEEDINGS FOR NON-PAYMENT OF RENT THAT WOULD BE ELIGIBLE FOR COVERAGE UNDER THIS PROGRAM SHALL NOT BE COMMENCED AGAINST A HOUSEHOLD WHO HAS APPLIED FOR THIS PROGRAM UNLESS OR UNTIL A DETERMINATION OF INELIGIBILITY IS MADE. IF EVICTION PROCEEDINGS ARE COMMENCED AGAINST A HOUSEHOLD WHO SUBSEQUENTLY APPLIES FOR BENEFITS UNDER THIS PROGRAM, ALL PROCEEDINGS FOR MISSED RENT PAYMENTS DURING THE COVERED PERIOD SHALL BE STAYED UNTIL A DETERMINATION OF INELIGIBILITY HAS BEEN MADE. § 608. PAYMENTS. 1. PAYMENTS SHALL BE MADE FOR RENTAL AND/OR UTILITY ARREARS ACCRUED ON OR AFTER MARCH THIRTEENTH, TWO THOUSAND TWENTY. NO MORE THAN TWELVE MONTHS OF RENTAL AND/OR UTILITY ASSISTANCE, BOTH ARREARS OR PROSPECTIVE, MAY BE PAID ON BEHALF OF OR TO ANY HOUSEHOLD WITHIN THE FIRST SIXTY DAYS AFTER THE START OF THE APPLICATION PERIOD. NO PROSPECTIVE RENT MAY BE PAID UNLESS OR UNTIL ALL RENTAL ARREARS PAYMENTS HAVE BEEN MADE TO OR ON BEHALF OF HOUSEHOLDS WHO ARE ELIGIBLE FOR THIS PROGRAM PURSUANT TO SECTION SIX HUNDRED FOUR OF THIS ARTICLE. 2. IF ALL ELIGIBLE HOUSEHOLDS WHOSE APPLICATIONS ARE RECEIVED WITHIN SIXTY DAYS OF THE START OF THE APPLICATION PERIOD RECEIVE ASSISTANCE, THE COMMISSIONER MAY PAY AN ADDITIONAL THREE MONTHS OF RENTAL AND/OR UTILITY ASSISTANCE FOR RENTAL OR UTILITY ARREARS ACCRUED AFTER THE DATE OF APPLICATION OR PROSPECTIVE RENT. NO HOUSEHOLD MAY RECEIVE MORE THAN FIFTEEN MONTHS OF TOTAL RENTAL AND/OR UTILITY ASSISTANCE. ELIGIBILITY FOR ASSISTANCE SHALL BE REASSESSED FOR EACH HOUSEHOLD BEFORE RENTAL ASSISTANCE IS ISSUED PURSUANT TO THIS SUBDIVISION. 3. PAYMENTS FOR RENTAL ARREARS OR PROSPECTIVE RENT SHALL BE THE LESSER OF THE MONTHLY RENT FOR THE APPLICANT OR ONE HUNDRED FIFTY PERCENT OF THE FAIR MARKET RENT FOR THE DWELLING UNIT, EXCEPT WHEN RENTAL ASSIST- ANCE AMOUNTS ARE DOCUMENTED VIA SELF-ATTESTATION, IN WHICH CASE THE MAXIMUM PAYMENT ALLOWABLE SHALL BE THE GREATER OF ONE HUNDRED PERCENT OF FAIR MARKET RENT OR ONE HUNDRED PERCENT OF THE SMALL AREA FAIR MARKET RENT, THOUGH NO PAYMENT CERTIFIED BY SELF-ATTESTATION SHALL BE GREATER THAN THE MONTHLY RENT. THE RENTAL ASSISTANCE SHALL BE PAID DIRECTLY TO THE LANDLORD OF THE DWELLING UNIT OR MANUFACTURED HOME PARK OCCUPIED BY THE HOUSEHOLD FOR THE TOTAL AMOUNT OF QUALIFIED RENTAL ARREARS AND PROSPECTIVE RENTAL ASSISTANCE PURSUANT TO SUBDIVISION ONE OF THIS SECTION. UTILITY ASSISTANCE SHALL BE PAID DIRECTLY TO THE UTILITY. THE COMMISSIONER SHALL REQUIRE REASONABLE EFFORTS TO BE MADE TO OBTAIN THE S. 2506--B 90 COOPERATION OF LANDLORDS AND UTILITY PROVIDERS TO ACCEPT PAYMENTS FROM THIS PROGRAM. SUCH OUTREACH MAY BE CONSIDERED COMPLETE IF (A) A REQUEST FOR PARTICIPATION HAS BEEN SENT IN WRITING, BY MAIL, TO THE LANDLORD OR UTILITY PROVIDER AND THE ADDRESSEE HAS NOT RESPONDED TO THE REQUEST WITHIN FOURTEEN CALENDAR DAYS AFTER MAILING; (B) AT LEAST THREE ATTEMPTS BY PHONE, TEXT, OR E-MAIL HAVE BEEN MADE OVER A TEN CALENDAR DAY PERIOD TO REQUEST THE LANDLORD OR UTILITY PROVIDER'S PARTICIPATION; OR (C) A LANDLORD OR UTILITY PROVIDER CONFIRMS IN WRITING THAT THE LANDLORD OR UTILITY PROVIDER DOES NOT WISH TO PARTICIPATE. THE OUTREACH ATTEMPTS OR NOTICES TO THE LANDLORD OR UTILITY PROVIDER SHALL BE DOCUMENTED. 4. IF THE LANDLORD OR UTILITY PROVIDER IS UNCOOPERATIVE OR UNRESPON- SIVE AFTER OUTREACH EFFORTS ARE MADE PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THE COMMISSIONER MAY MAKE PAYMENTS DIRECTLY TO THE ELIGI- BLE HOUSEHOLD FOR THE PURPOSE OF ENABLING THE HOUSEHOLD TO MAKE PAYMENTS TO THE LANDLORD OR UTILITY PROVIDER. THE COMMISSIONER MAY REQUIRE DOCUMENTATION FROM ANY HOUSEHOLDS RECEIVING SUCH PAYMENTS THAT MONIES RECEIVED WERE USED IN COMPLIANCE WITH THIS PROGRAM. 5. ACCEPTANCE OF PAYMENT FOR RENTAL ARREARS FROM THIS PROGRAM SHALL CONSTITUTE AGREEMENT BY THE RECIPIENT LANDLORD OR PROPERTY OWNER: (A) TO WAIVE ANY LATE FEES DUE ON ANY RENTAL ARREARS; (B) TO KEEP CONSTANT THE MONTHLY RENT DUE FOR THE DWELLING UNIT SUCH THAT IT SHALL REMAIN THE SAME AS THE AMOUNT THAT WAS DUE AT THE TIME OF PAYMENT FOR ONE YEAR AFTER THE FIRST RENTAL ASSISTANCE PAYMENT IS RECEIVED; PROVIDED THAT ANY RENT INCREASE THAT WOULD OTHERWISE BE DUE PURSUANT TO THE RENT STABILIZATION LAW OF 1969 OR THE EMERGENCY TENANT PROTECTION ACT OF 1974 SHALL GO INTO EFFECT AT THE END OF THE ONE-YEAR PERIOD PROVIDED FOR IN THIS PARAGRAPH AND THE RENT HELD CONSTANT DURING THE ONE-YEAR PERIOD SHALL NOT BE CONSIDERED A PREFERENTIAL RENT; AND (C) NOT TO EVICT FOR REASON OF EXPIRED LEASE OR HOLDOVER TENANCY ANY HOUSEHOLD ON BEHALF OF WHOM RENTAL ASSISTANCE IS RECEIVED FOR ONE YEAR AFTER THE FIRST RENTAL ASSISTANCE PAYMENT IS RECEIVED. WHERE THE DWELL- ING UNIT THAT IS THE SUBJECT OF THE LEASE OR RENTAL AGREEMENT IS LOCATED IN A BUILDING THAT CONTAINS FOUR OR FEWER UNITS, THE LANDLORD MAY DECLINE TO EXTEND THE LEASE OR TENANCY IF THE LANDLORD INTENDS TO IMME- DIATELY OCCUPY THE UNIT FOR THE LANDLORD'S PERSONAL USE AS A PRIMARY RESIDENCE OR THE USE OF AN IMMEDIATE FAMILY MEMBER AS A PRIMARY RESI- DENCE. § 609. NO REPAYMENT AND ASSISTANCE NOT CONSIDERED INCOME. ELIGIBLE HOUSEHOLDS SHALL NOT BE EXPECTED OR REQUIRED TO REPAY ANY ASSISTANCE GRANTED THROUGH THIS PROGRAM. ASSISTANCE GRANTED THROUGH THIS PROGRAM SHALL NOT BE CONSIDERED INCOME FOR PURPOSES OF ELIGIBILITY FOR PUBLIC BENEFITS OR OTHER PUBLIC ASSISTANCE, BUT SHALL BE CONSIDERED A "SOURCE OF INCOME" FOR PURPOSES OF THE PROTECTIONS AGAINST HOUSING DISCRIMI- NATION PROVIDED UNDER SECTION TWO HUNDRED NINETY-SIX OF THE HUMAN RIGHTS LAW. THERE SHALL BE NO REQUIREMENT FOR APPLICANTS TO SEEK ASSISTANCE FROM OTHER SOURCES, INCLUDING CHARITABLE CONTRIBUTIONS, IN ORDER TO BE ELIGIBLE FOR ASSISTANCE UNDER THIS PROGRAM. § 610. NOTICE TO TENANTS IN EVICTION PROCEEDINGS. IN ANY EVICTION PROCEEDING PENDING AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND ANY EVICTION PROCEEDING FILED WHILE APPLICATIONS ARE BEING ACCEPTED FOR ASSISTANCE PURSUANT TO THIS ARTICLE, THE COURT SHALL PROMPTLY MAIL THE RESPONDENT INFORMATION REGARDING HOW THE RESPONDENT MAY APPLY FOR SUCH ASSISTANCE IN ENGLISH, AND, TO THE EXTENT PRACTICABLE, IN THE RESPOND- ENT'S PRIMARY LANGUAGE, IF OTHER THAN ENGLISH. § 611. NOTICE TO TENANTS RECEIVING RENT DEMANDS. WITH EVERY WRITTEN DEMAND FOR RENT MADE PURSUANT TO SUBDIVISION TWO OF SECTION SEVEN S. 2506--B 91 HUNDRED ELEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, WITH ANY OTHER WRITTEN NOTICE REQUIRED BY THE LEASE OR TENANCY AGREEMENT, LAW OR RULE TO BE PROVIDED PRIOR TO THE COMMENCEMENT OF AN EVICTION PROCEED- ING, AND WITH EVERY NOTICE OF PETITION SERVED ON A TENANT AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND WHILE APPLICATIONS ARE BEING ACCEPTED FOR ASSISTANCE PURSUANT TO THIS ARTICLE, THE LANDLORD SHALL PROVIDE INFORMATION REGARDING HOW A TENANT MAY APPLY FOR SUCH ASSISTANCE, IN A FORM PROMULGATED AND PUBLISHED BY THE COMMISSIONER IN CONSULTATION WITH THE OFFICE OF COURT ADMINISTRATION, IN ENGLISH, AND, TO THE EXTENT PRACTICABLE, IN THE TENANT'S PRIMARY LANGUAGE, IF OTHER THAN ENGLISH. § 612. NOTICE TO APPLICANTS FOR ASSISTANCE UNDER THE EMERGENCY RENT RELIEF ACT OF 2020. THE COMMISSIONER, IN CONSULTATION WITH THE COMMIS- SIONER OF THE DIVISION OF HOUSING AND COMMUNITY DEVELOPMENT, SHALL PROVIDE NOTICE OF HOW TO APPLY FOR ASSISTANCE PURSUANT TO THIS ARTICLE TO EACH TENANT OR OCCUPANT WHO APPLIED FOR ASSISTANCE UNDER THE EMERGEN- CY RENT RELIEF ACT OF 2020, PURSUANT TO CHAPTER ONE HUNDRED TWENTY-FIVE OF THE LAWS OF TWO THOUSAND TWENTY. SUCH NOTICE SHALL BE PROVIDED IN ENGLISH, AND, TO THE EXTENT PRACTICABLE, IN THE TENANT'S PRIMARY LANGUAGE, IF OTHER THAN ENGLISH. § 613. OUTREACH. THE COMMISSIONER SHALL ENSURE THAT EXTENSIVE OUTREACH IS CONDUCTED TO INCREASE AWARENESS OF THIS PROGRAM AMONG TENANTS AND LANDLORDS. THE COMMISSIONER SHALL PRIORITIZE FOR OUTREACH COMMUNITIES WHERE THE MEDIAN INCOME OF RESIDENTS IS LESS THAN EIGHTY PERCENT OF THE AREA MEDIAN INCOME FOR THE REGION, COMMUNITIES WITH THE HIGHEST UNEM- PLOYMENT RATES, AND COMMUNITIES THAT EXPERIENCED THE HIGHEST RATES OF COVID-19 INFECTIONS DURING THE PANDEMIC, AND TO THE EXTENT PRACTICABLE, COMMUNITIES WITH HIGH RATES OF OWNERSHIP OF RENTAL HOUSING BY SMALL LANDLORDS. THE COMMISSIONER SHALL ENSURE THAT SUCH OUTREACH IS CONDUCTED WITH MATERIALS WRITTEN IN THE LANGUAGES LISTED IN SUBDIVISION ONE OF SECTION SIX HUNDRED FIVE OF THIS ARTICLE, AND TO THE EXTENT PRACTICABLE IN OTHER LANGUAGES COMMONLY SPOKEN BY RESIDENTS OF THOSE COMMUNITIES REQUIRED TO BE PRIORITIZED PURSUANT TO THIS SECTION, AS PER THE MOST RECENT AMERICAN COMMUNITY SURVEY FROM THE UNITED STATES CENSUS BUREAU. § 614. FAIR HOUSING OBLIGATIONS. NOTHING IN THIS ARTICLE SHALL LESSEN OR ABRIDGE ANY FAIR HOUSING OBLIGATIONS PROMULGATED BY THE FEDERAL GOVERNMENT, STATE, MUNICIPALITIES, LOCALITIES, OR ANY OTHER APPLICABLE JURISDICTION. § 615. REPORTS BY THE COMMISSIONER. THE COMMISSIONER SHALL, ON OR BEFORE THE TWENTIETH DAY OF EACH MONTH FOR THE DURATION OF THE PROGRAM, SUBMIT AND MAKE PUBLICLY AVAILABLE ON ITS WEBSITE A REPORT TO THE GOVER- NOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, INDICATING: THE NUMBER OF APPLICANTS THAT HAVE APPLIED FOR RENTAL ASSISTANCE ONLY; THE NUMBER OF APPLICANTS THAT HAVE APPLIED FOR UTILITY ASSISTANCE ONLY; THE NUMBER OF APPLICANTS THAT HAVE APPLIED FOR EACH COMBINATION OF RENTAL ASSISTANCE, UTILITY ASSISTANCE, AND ASSIST- ANCE WITH OTHER EXPENSES RELATED TO HOUSING; THE NUMBER OF SUCH APPLI- CANTS OF EACH OF THE THREE FOREGOING TYPES, WITH INCOMES BETWEEN ZERO TO TWENTY-FIVE PERCENT, TWENTY-FIVE TO FIFTY PERCENT, AND FIFTY-ONE TO EIGHTY PERCENT OF THE AREA MEDIAN INCOME; THE AVERAGE AND MEDIAN RENTAL ARREARS OF THE APPLICANTS WITH INCOMES BETWEEN ZERO TO TWENTY-FIVE PERCENT, TWENTY-FIVE TO FIFTY PERCENT, AND FIFTY-ONE TO EIGHTY PERCENT OF THE AREA MEDIAN INCOME; THE NUMBER OF APPLICATIONS OF EACH TYPE OF ASSISTANCE APPROVED, THE NUMBER OF APPLICATIONS OF EACH TYPE OF ASSIST- ANCE REJECTED, THE AVERAGE AND MEDIAN AMOUNT OF RENTAL ASSISTANCE GRANT- ED, THE AVERAGE AND MEDIAN UTILITY ASSISTANCE GRANTED, THE STATUS OF ANY PENDING APPLICATIONS, THE MONTHLY EXPENDITURES MADE PURSUANT TO THIS S. 2506--B 92 ARTICLE FOR EACH TYPE OF ASSISTANCE. EACH NUMBER REQUIRED TO BE INCLUDED IN THE REPORT SHALL BE REPORTED AS A STATEWIDE TOTAL FROM THE START OF THE PROGRAM THROUGH THE END OF THE PRECEDING CALENDAR MONTH AND AS A SUBTOTAL FOR EACH COUNTY, BASED ON THE LOCATION OF THE PREMISES FOR WHICH THE APPLICANT HAS SOUGHT ASSISTANCE. § 3. The social services law is amended by adding a new section 131-bb to read as follows: § 131-BB. PROOF OF ELIGIBILITY FOR RENTAL ASSISTANCE. UNDER NO CIRCUM- STANCES SHALL A LOCAL SOCIAL SERVICES DISTRICT REQUIRE PROOF THAT A COURT PROCEEDING HAS BEEN INITIATED AGAINST A TENANT AS A CONDITION OF ELIGIBILITY FOR A RENT ARREARS GRANT OR ONGOING RENTAL ASSISTANCE INCLUDING RENTAL ASSISTANCE PROVIDED PURSUANT TO THIS ARTICLE. § 4. Section 131-w of the social services law, as added by chapter 41 of the laws of 1992, is amended to read as follows: § 131-w. Limitations in the payment of rent arrears. 1. Districts shall not provide assistance to pay rent arrears, property taxes or mortgage arrears for persons not eligible for home relief, aid to dependent children, emergency assistance to needy families with children or emergency assistance for aged, blind and disabled persons, except to persons who are without income or resources immediately available to meet the emergency need, whose gross household income does not exceed one hundred twenty-five percent of the federal income official poverty line and who sign a repayment agreement agreeing to repay the assistance in a period not to exceed twelve months. The districts shall enforce the repayment agreements by any legal method available to a creditor, in addition to any rights it has pursuant to this chapter. The department shall promulgate regulations to implement this section which shall, among other things, establish standards for the contents of repayment agreements and establish standards to ensure that assistance is provided only in emergency circumstances. 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, NO REPAYMENT AGREEMENT SHALL BE REQUIRED FOR ASSISTANCE PROVIDED BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY UNTIL THE LATER OF DECEMBER THIRTY- FIRST, TWO THOUSAND TWENTY-ONE OR THE DATE ON WHICH NONE OF THE PROVISIONS THAT CLOSED OR OTHERWISE RESTRICTED PUBLIC OR PRIVATE BUSI- NESSES OR PLACES OF PUBLIC ACCOMMODATION, OR REQUIRED POSTPONEMENT OR CANCELLATION OF ALL NON-ESSENTIAL GATHERINGS OF INDIVIDUALS OF ANY SIZE FOR ANY REASON IN EXECUTIVE ORDER NUMBERS 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 OR 202.14 OF TWO THOUSAND TWENTY, AS EXTENDED BY EXECUTIVE ORDER NUMBERS 202.28 AND 202.31 OF TWO THOUSAND TWENTY AND AS FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED IN RESPONSE TO THE COVID-19 PANDEMIC CONTINUE TO APPLY IN THE SERVICE DISTRICT. ANY PAYMENT DUE AND OWING UNDER THIS SECTION SHALL BE SUSPENDED UNTIL THE LATER OF DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN- TY-ONE OR THE DATE ON WHICH NONE OF THE PROVISIONS THAT CLOSED OR OTHER- WISE RESTRICTED PUBLIC OR PRIVATE BUSINESSES OR PLACES OF PUBLIC ACCOM- MODATION, OR REQUIRED POSTPONEMENT OR CANCELLATION OF ALL NON-ESSENTIAL GATHERINGS OF INDIVIDUALS OF ANY SIZE FOR ANY REASON IN EXECUTIVE ORDER NUMBERS 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 OR 202.14 OF TWO THOUSAND TWENTY, AS EXTENDED BY EXECUTIVE ORDER NUMBERS 202.28 AND 202.31 OF TWO THOUSAND TWENTY AND AS FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED IN RESPONSE TO THE COVID-19 PANDEMIC CONTINUE TO APPLY TO THE SERVICE DISTRICT. § 5. Subdivision 1 of section 131-s of the social services law, as amended by chapter 318 of the laws of 2009, is amended to read as follows: S. 2506--B 93 1. (A) In the case of a person applying for public assistance, supple- mental security income benefits or additional state payments pursuant to this chapter, the social services official of the social services district in which such person resides shall, unless alternative payment or living arrangements can be made, make a payment to a gas corporation, electric corporation or municipality for services provided to such person during a period of up to, but not exceeding, four months imme- diately preceding the month of application for such assistance or bene- fits if such payment is needed to prevent shut-off or to restore service. Persons whose gross household income exceeds the public assist- ance standard of need for the same size household must sign a repayment agreement to repay the assistance within two years of the date of payment as a condition of receiving assistance, in accordance with regu- lations established by the department. Such repayment agreement may be enforced in any manner available to a creditor, in addition to any rights the district may have pursuant to this chapter. (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, NO REPAYMENT AGREEMENT SHALL BE REQUIRED FOR ASSISTANCE PROVIDED BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY UNTIL THE LATER OF DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE OR THE DATE ON WHICH NONE OF THE PROVISIONS THAT CLOSED OR OTHERWISE RESTRICTED PUBLIC OR PRIVATE BUSI- NESSES OR PLACES OF PUBLIC ACCOMMODATION, OR REQUIRED POSTPONEMENT OR CANCELLATION OF ALL NON-ESSENTIAL GATHERINGS OF INDIVIDUALS OF ANY SIZE FOR ANY REASON IN EXECUTIVE ORDER NUMBERS 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 OR 202.14 OF TWO THOUSAND TWENTY, AS EXTENDED BY EXECUTIVE ORDER NUMBERS 202.28 AND 202.31 OF TWO THOUSAND TWENTY AND AS FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED IN RESPONSE TO THE COVID-19 PANDEMIC CONTINUE TO APPLY IN THE SERVICE DISTRICT. § 6. Section 106-b of the social services law, as amended by chapter 81 of the laws of 1995, is amended to read as follows: § 106-b. Adjustment for incorrect payments. 1. Any inconsistent provision of law notwithstanding, a social services official shall, in accordance with the regulations of the department and consistent with federal law and regulations, take all necessary steps to correct any overpayment or underpayment to a public assistance recipient; provided, however, that a social services official may waive recovery of a past overpayment, in the case of an individual who is not currently a recipi- ent of public assistance, where the cost of recovery is greater than the cost of collections as determined in accordance with department regu- lations consistent with federal law and regulations. For purposes of this section, overpayment shall include payments made to an eligible person in excess of his needs as defined in this chapter and payments made to ineligible persons (including payments made to such persons pending a fair hearings decision). The commissioner shall promulgate regulations to implement procedures for correcting overpayments and underpayments. The procedures for correcting overpayments shall be designed to minimize adverse impact on the recipient, and to the extent possible avoid undue hardship. Notwithstanding any other provision of law to the contrary, no underpayment shall be corrected with respect to a person who is currently not eligible for or in receipt of home relief or aid to dependent children, except that corrective payments may be made with respect to persons formerly eligible for or in receipt of aid to dependent children to the extent that federal law and regulations require. S. 2506--B 94 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, NO COLLECTION OF OVERPAYMENTS SHALL BE CONDUCTED, REGARDLESS OF WHEN THE OVERPAYMENT ACCRUED, UNTIL THE LATER OF DECEMBER THIRTY-FIRST, TWO THOU- SAND TWENTY-ONE OR THE DATE ON WHICH NONE OF THE PROVISIONS THAT CLOSED OR OTHERWISE RESTRICTED PUBLIC OR PRIVATE BUSINESSES OR PLACES OF PUBLIC ACCOMMODATION, OR REQUIRED POSTPONEMENT OR CANCELLATION OF ALL NON-ES- SENTIAL GATHERINGS OF INDIVIDUALS OF ANY SIZE FOR ANY REASON IN EXECU- TIVE ORDER NUMBERS 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 OR 202.14 OF TWO THOUSAND TWENTY, AS EXTENDED BY EXECU- TIVE ORDER NUMBERS 202.28 AND 202.31 OF TWO THOUSAND TWENTY-ONE AND AS FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED IN RESPONSE TO THE COVID-19 PANDEMIC CONTINUE TO APPLY IN THE SERVICE DISTRICT. § 7. 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 of this act, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this act directly involved in the controversy in which such judgment 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 clause, sentence, paragraph, subdivision, section or part had not been included herein. § 8. This act shall take effect immediately and shall expire on the later of December 31, 2021 or the date on which none of the provisions that closed or otherwise restricted public or private businesses or places of public accommodation, or required postponement or cancellation of all non-essential gatherings of individuals of any size for any reason in executive order numbers 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 or 202.14 of two thousand twenty, as extended by executive order numbers 202.28 and 202.31 of two thousand twenty and as further extended by any future executive order, issued in response to the COVID-19 pandemic continue to apply anywhere in the state, when upon such date the provisions of this act shall be deemed repealed; provided that the state commissioner of social services shall notify the legislative bill drafting commission upon the date on which none of the provisions that closed or otherwise restricted public or private businesses or places of public accommodation, or required post- ponement or cancellation of all non-essential gatherings of individuals of any size for any reason in executive order numbers 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 or 202.14 of two thousand twenty, as extended by executive order numbers 202.28 and 202.31 of two thousand twenty and as further extended by any future executive order, issued in response to the COVID-19 pandemic continue to apply anywhere in the state, in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. PART EE Section 1. The public housing law is amended by adding a new article 14 to read as follows: ARTICLE 14 HOUSING ACCESS VOUCHER PROGRAM SECTION 600. LEGISLATIVE FINDINGS. S. 2506--B 95 601. DEFINITIONS. 602. HOUSING ACCESS VOUCHER PROGRAM. 603. ELIGIBILITY. 604. FUNDING ALLOCATION AND DISTRIBUTION. 605. PAYMENT OF HOUSING VOUCHERS. 606. LEASES AND TENANCY. 607. RENTAL OBLIGATION. 608. MONTHLY ASSISTANCE PAYMENT. 609. INSPECTION OF UNITS BY PUBLIC HOUSING AGENCIES. 610. RENT. 611. VACATED UNITS. 612. LEASING OF UNITS OWNED BY A PUBLIC HOUSING AGENCY. 613. VERIFICATION OF INCOME. 614. DIVISION OF AN ASSISTED FAMILY. 615. MAINTENANCE OF EFFORT. 616. VOUCHERS STATEWIDE. 617. APPLICABLE CODES. 618. HOUSING CHOICE. § 600. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS IN THE PUBLIC INTEREST AND AN OBLIGATION OF THE STATE TO ENSURE THAT INDIVID- UALS AND FAMILIES ARE NOT RENDERED HOMELESS BECAUSE OF AN INABILITY TO PAY THE COST OF HOUSING, AND THAT THE STATE SHOULD AID INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACE AN IMMINENT LOSS OF HOUSING IN OBTAIN- ING AND MAINTAINING SUITABLE PERMANENT HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. § 601. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "HOMELESS" MEANS LACKING A FIXED, REGULAR, AND ADEQUATE NIGHTTIME RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A PUBLIC OR PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR SLEEPING ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABANDONED BUILD- ING, BUS OR TRAIN STATION, AIRPORT, CAMPGROUND, OR OTHER PLACE NOT MEANT FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY OR PRIVATELY OPER- ATED SHELTER DESIGNATED TO PROVIDE TEMPORARY LIVING ARRANGEMENTS (INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR LOCAL GOVERN- MENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE ORGANIZATIONS, CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING); EXITING AN INSTITUTION WHERE AN INDIVIDUAL OR FAMILY HAS RESIDED AND LACKING A REGULAR FIXED AND ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; BEING A HOMELESS FAMILY WITH CHILDREN OR UNACCOMPANIED YOUTH DEFINED AS HOMELESS UNDER FEDERAL STATUTE; HAVING EXPERIENCED A LONG-TERM PERIOD WITHOUT LIVING INDEPENDENTLY IN PERMANENT HOUSING OR HAVING EXPERIENCED PERSIST- ENT INSTABILITY AS MEASURED BY FREQUENT MOVES AND BEING REASONABLY EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED PERIOD OF TIME BECAUSE OF CHRONIC DISABILITIES, CHRONIC PHYSICAL HEALTH OR MENTAL HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC VIOLENCE OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD OR YOUTH WITH A DISABILITY, MULTIPLE BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR LIFE-THREATENING CONDITIONS, INCLUDING CONDITIONS THAT RELATE TO VIOLENCE AGAINST AN INDIVIDUAL OR A FAMILY MEMBER. 2. "IMMINENT LOSS OF HOUSING" MEANS HAVING RECEIVED A VERIFIED RENT DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER RESULT- ING FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY THAT THEY MUST LEAVE THEIR HOUSING; FACING LOSS OF HOUSING DUE TO HAZARDOUS CONDITIONS, INCLUDING BUT NOT LIMITED TO ASBESTOS, LEAD EXPOSURE, MOLD, AND RADON; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A ROOM IN A S. 2506--B 96 HOTEL OR MOTEL AND LACKING THE RESOURCES NECESSARY TO STAY; FACING LOSS OF THE PRIMARY NIGHTTIME RESIDENCE, WHICH MAY INCLUDE LIVING IN THE HOME OF ANOTHER HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUSING WILL NOT ALLOW THE INDIVIDUAL OR FAMILY TO STAY, PROVIDED FURTHER, THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS OF HOUSING OR HOMELESSNESS SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY; OR FLEEING OR ATTEMPTING TO FLEE DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, HUMAN TRAFFICKING OR OTHER DANGEROUS OR LIFE-THREAT- ENING CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL OR A FAMILY MEMBER, PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL BE SUFFI- CIENT TO ESTABLISH ELIGIBILITY. 3. "PUBLIC HOUSING AGENCY" MEANS ANY COUNTY, MUNICIPALITY, OR OTHER GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO ADMINISTER ANY PUBLIC HOUSING PROGRAM (OR AN AGENCY OR INSTRUMENTALITY OF SUCH AN ENTI- TY), AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMINISTERS ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE. 4. "FAMILY" MEANS A GROUP OF PERSONS RESIDING TOGETHER. SUCH GROUP INCLUDES, BUT IS NOT LIMITED TO A FAMILY WITH OR WITHOUT CHILDREN (A CHILD WHO IS TEMPORARILY AWAY FROM THE HOME BECAUSE OF PLACEMENT IN FOSTER CARE IS CONSIDERED A MEMBER OF THE FAMILY) OR THE REMAINING MEMBER OF A TENANT FAMILY. THE COMMISSIONER SHALL HAVE THE DISCRETION TO DETERMINE IF ANY OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY. 5. "INDIVIDUAL" MEANS A SINGLE PERSON. 6. "OWNER" MEANS ANY PRIVATE PERSON OR ANY ENTITY, INCLUDING A COOPER- ATIVE, AN AGENCY OF THE FEDERAL GOVERNMENT, OR A PUBLIC HOUSING AGENCY, HAVING THE LEGAL RIGHT TO LEASE OR SUBLEASE DWELLING UNITS. 7. "DWELLING UNIT" MEANS A SINGLE-FAMILY DWELLING, INCLUDING ATTACHED STRUCTURES SUCH AS PORCHES AND STOOPS; OR A SINGLE-FAMILY DWELLING UNIT IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE RESIDENTIAL DWELLING UNIT, AND IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE RESIDENCE OF ONE OR MORE PERSONS. 8. "INCOME" MEANS INCOME FROM ALL SOURCES OF EACH MEMBER OF THE HOUSE- HOLD, INCLUDING ALL WAGES, TIPS, OVER-TIME, SALARY, WELFARE ASSISTANCE, SOCIAL SECURITY PAYMENTS, CHILD SUPPORT PAYMENTS, RETURNS ON INVEST- MENTS, AND RECURRING GIFTS. THE TERM "INCOME" SHALL NOT INCLUDE: EMPLOYMENT INCOME FROM CHILDREN UNDER EIGHTEEN YEARS OF AGE, EMPLOYMENT INCOME FROM CHILDREN EIGHTEEN YEARS OF AGE OR OLDER WHO ARE FULL-TIME STUDENTS, FOSTER CARE PAYMENTS, SPORADIC GIFTS, GROCERIES PROVIDED BY PERSONS NOT LIVING IN THE HOUSEHOLD, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (FOOD STAMP) BENEFITS, EARNED INCOME DISREGARD (EID), OR THE EARNED INCOME TAX CREDIT. 9. "ADJUSTED INCOME" MEANS INCOME MINUS ANY DEDUCTIONS ALLOWABLE BY THE RULES PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE. MANDATORY DEDUCTIONS SHALL INCLUDE: (A) FOUR HUNDRED EIGHTY DOLLARS FOR EACH DEPENDENT; (B) FOUR HUNDRED DOLLARS FOR ANY ELDERLY FAMILY MEMBER AND/OR A FAMILY MEMBER WITH A DISABILITY; (C) ANY REASONABLE CHILD CARE EXPENSES NECESSARY TO ENABLE A MEMBER OF THE FAMILY TO BE EMPLOYED OR TO FURTHER HIS OR HER EDUCATION; AND (D) THE SUM TOTAL OF UNREIMBURSED MEDICAL EXPENSES FOR EACH ELDERLY FAMILY MEMBER AND/OR FAMILY MEMBER WITH A DISABILITY PLUS UNREIMBURSED ATTENDANT CARE AND/OR MEDICAL APPARATUS EXPENSES FOR EACH MEMBER OF THE FAMILY WITH A DISABILITY WHICH ARE NECESSARY FOR ANY MEMBER OF THE FAMI- S. 2506--B 97 LY (INCLUDING THE MEMBER WHO IS A PERSON WITH A DISABILITY) TO BE EMPLOYED GREATER THAN THREE PERCENT OF THE ANNUAL INCOME. 10. "REASONABLE RENT" MEANS RENT NOT MORE THAN THE RENT CHARGED ON COMPARABLE UNITS IN THE PRIVATE UNASSISTED MARKET AND RENT CHARGED FOR COMPARABLE UNASSISTED UNITS IN THE PREMISES. 11. "FAIR MARKET RENT" MEANS THE FAIR MARKET RENT FOR EACH RENTAL AREA AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S OFFICE OF POLICY DEVELOPMENT AND RESEARCH PURSUANT TO 42 U.S.C. 1437F. 12. "VOUCHER" MEANS A DOCUMENT ISSUED BY THE HOUSING TRUST FUND CORPO- RATION PURSUANT TO THIS ARTICLE TO AN INDIVIDUAL OR FAMILY SELECTED FOR ADMISSION TO THE HOUSING ACCESS VOUCHER PROGRAM, WHICH DESCRIBES SUCH PROGRAM AND THE PROCEDURES FOR APPROVAL OF A UNIT SELECTED BY THE FAMILY AND STATES THE OBLIGATIONS OF THE INDIVIDUAL OR FAMILY UNDER THE PROGRAM. 13. "LEASE" MEANS A WRITTEN AGREEMENT BETWEEN AN OWNER AND A TENANT FOR THE LEASING OF A DWELLING UNIT TO THE TENANT. THE LEASE ESTABLISHES THE CONDITIONS FOR OCCUPANCY OF THE DWELLING UNIT BY AN INDIVIDUAL OR FAMILY WITH HOUSING ASSISTANCE PAYMENTS UNDER A CONTRACT BETWEEN THE OWNER AND THE PUBLIC HOUSING AGENCY. 14. "DEPENDENT" MEANS ANY MEMBER OF THE FAMILY WHO IS NEITHER THE HEAD OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE, AND WHO IS: (A) UNDER THE AGE OF EIGHTEEN; (B) A PERSON WITH A DISABILITY; OR (C) A FULL-TIME STUDENT. 15. "ELDERLY" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER. 16. "CHILD CARE EXPENSES" MEANS EXPENSES RELATING TO THE CARE OF CHIL- DREN UNDER THE AGE OF THIRTEEN. 17. "SEVERELY RENT BURDENED" MEANS THOSE INDIVIDUALS AND FAMILIES WHO PAY MORE THAN FIFTY PERCENT OF THEIR INCOME IN RENT AS DEFINED BY THE UNITED STATES CENSUS BUREAU. 18. "DISABILITY" MEANS: (A) THE INABILITY TO ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH CAN BE EXPECTED TO RESULT IN DEATH OR WHICH HAS LASTED OR CAN BE EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS; OR (B) IN THE CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE AGE OF FIFTY- FIVE AND IS BLIND, THE INABILITY BY REASON OF SUCH BLINDNESS TO ENGAGE IN SUBSTANTIAL GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE TO THOSE OF ANY GAINFUL ACTIVITY IN WHICH THEY HAVE PREVIOUSLY ENGAGED WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME; OR (C) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT WHICH: (I) IS EXPECTED TO BE OF LONG-CONTINUED AND INDEFINITE DURATION; (II) SUBSTANTIALLY IMPEDES HIS OR HER ABILITY TO LIVE INDEPENDENTLY; AND (III) IS OF SUCH A NATURE THAT SUCH ABILITY COULD BE IMPROVED BY MORE SUITABLE HOUSING CONDITIONS; OR (D) A DEVELOPMENTAL DISABILITY THAT IS A SEVERE, CHRONIC DISABILITY OF AN INDIVIDUAL THAT: (I) IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT OR COMBINATION OF MENTAL AND PHYSICAL IMPAIRMENTS; (II) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS AGE TWENTY-TWO; (III) IS LIKELY TO CONTINUE INDEFINITELY; (IV) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN THREE OR MORE OF THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY: S. 2506--B 98 (A) SELF-CARE; (B) RECEPTIVE AND EXPRESSIVE LANGUAGE; (C) LEARNING; (D) MOBILITY; (E) SELF-DIRECTION; (F) CAPACITY FOR INDEPENDENT LIVING; OR (G) ECONOMIC SELF-SUFFICIENCY; AND (V) REFLECTS THE INDIVIDUAL'S NEED FOR A COMBINATION AND SEQUENCE OF SPECIAL, INTERDISCIPLINARY, OR GENERIC SERVICES, INDIVIDUALIZED SUPPORTS, OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR EXTENDED DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED. § 602. HOUSING ACCESS VOUCHER PROGRAM. THE COMMISSIONER, SUBJECT TO THE APPROPRIATION OF FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT A PROGRAM OF RENTAL ASSISTANCE IN THE FORM OF HOUSING VOUCHERS FOR ELIGIBLE INDI- VIDUALS AND FAMILIES WHO ARE HOMELESS OR WHO FACE AN IMMINENT LOSS OF HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE HOUSING TRUST FUND CORPORATION SHALL ISSUE VOUCHERS PURSUANT TO THIS ARTICLE, SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE, AND MAY CONTRACT WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO ADMINISTER ANY ASPECT OF THIS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTI- CLE. THE COMMISSIONER SHALL DESIGNATE PUBLIC HOUSING AGENCIES IN THE STATE TO MAKE VOUCHERS AVAILABLE TO SUCH INDIVIDUALS AND FAMILIES AND TO ADMINISTER OTHER ASPECTS OF THE PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. § 603. ELIGIBILITY. ELIGIBILITY FOR THE HOUSING ACCESS VOUCHER PROGRAM SHALL BE LIMITED TO INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING. THE COMMISSIONER SHALL PROMULGATE STANDARDS FOR DETERMINING ELIGIBILITY FOR THIS PROGRAM. 1. AN INDIVIDUAL OR FAMILY SHALL BE ELIGIBLE FOR THIS PROGRAM IF THEY ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING AND HAVE AN INCOME OF NO MORE THAN FIFTY PERCENT OF THE AREA MEDIAN INCOME. 2. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE UNDER THIS PROGRAM SHALL BE NO LONGER FINANCIALLY ELIGIBLE FOR ASSISTANCE UNDER THIS PROGRAM WHEN THIRTY PERCENT OF THE INDIVIDUAL OR FAMILY'S ADJUSTED INCOME IS GREATER THAN OR EQUAL TO THE TOTAL RENT FOR THE DWELLING UNIT. 3. WHEN AN INDIVIDUAL OR FAMILY BECOMES FINANCIALLY INELIGIBLE FOR RENTAL ASSISTANCE UNDER THIS PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE INDIVIDUAL OR FAMILY SHALL RETAIN RENTAL ASSISTANCE FOR A PERIOD NO SHORTER THAN ONE YEAR. 4. INCOME ELIGIBILITY SHALL BE VERIFIED NO LESS FREQUENTLY THAN ANNU- ALLY. § 604. FUNDING ALLOCATION AND DISTRIBUTION. 1. FUNDING SHALL BE ALLO- CATED BY THE COMMISSIONER IN EACH COUNTY AND THE CITY OF NEW YORK IN PROPORTION TO THE NUMBER OF HOUSEHOLDS IN EACH COUNTY OR THE CITY OF NEW YORK WHO ARE SEVERELY RENT BURDENED. 2. THE COMMISSIONER SHALL BE RESPONSIBLE FOR DISTRIBUTING THE FUNDS ALLOCATED IN EACH COUNTY OR THE CITY OF NEW YORK AMONG PUBLIC HOUSING AGENCIES OPERATING IN EACH COUNTY OR IN THE CITY OF NEW YORK. 3. AT LEAST FIFTY PERCENT OF FUNDS DISTRIBUTED IN EACH COUNTY OR IN THE CITY OF NEW YORK SHALL BE ALLOCATED TO INDIVIDUALS OR FAMILIES WHO ARE HOMELESS. 4. AT LEAST EIGHTY-SEVEN AND ONE-HALF PERCENT OF FUNDS DISTRIBUTED IN EACH COUNTY OR IN THE CITY OF NEW YORK FOR INDIVIDUALS OR FAMILIES WHO ARE HOMELESS PURSUANT TO SUBDIVISION THREE OF THIS SECTION SHALL BE ALLOCATED TO INDIVIDUALS AND FAMILIES WHOSE INCOME DOES NOT EXCEED THIR- TY PERCENT OF THE AREA MEDIAN INCOME. S. 2506--B 99 5. OF THE FUNDS ALLOCATED TO INDIVIDUALS AND FAMILIES WHO FACE AN IMMINENT LOSS OF HOUSING, PRIORITY SHALL BE GIVEN TO INDIVIDUALS AND FAMILIES WHO HAVE FORMERLY EXPERIENCED HOMELESSNESS, INCLUDING THOSE WHO HAVE PREVIOUSLY RECEIVED A TEMPORARY RENTAL VOUCHER FROM THE STATE, A LOCALITY, OR A NON-PROFIT ORGANIZATION OR WHO CURRENTLY HAVE A RENTAL ASSISTANCE VOUCHER THAT IS DUE TO EXPIRE WITHIN SIX MONTHS OF APPLICA- TION. § 605. PAYMENT OF HOUSING VOUCHERS. THE HOUSING VOUCHER SHALL BE PAID DIRECTLY TO ANY OWNER UNDER A CONTRACT BETWEEN THE OWNER OF THE DWELLING UNIT TO BE OCCUPIED BY THE VOUCHER RECIPIENT AND THE APPROPRIATE PUBLIC HOUSING AGENCY. A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL ESTABLISH THE MAXIMUM MONTHLY RENT (INCLUDING UTILITIES AND ALL MAINTENANCE AND MANAGEMENT CHARGES) WHICH THE OWNER IS ENTITLED TO RECEIVE FOR EACH DWELLING UNIT WITH RESPECT TO WHICH SUCH ASSISTANCE PAYMENTS ARE TO BE MADE. THE MAXIMUM MONTHLY RENT SHALL NOT EXCEED ONE HUNDRED TEN PERCENT NOR BE LESS THAN NINETY PERCENT OF THE FAIR MARKET RENT FOR THE RENTAL AREA IN WHICH IT IS LOCATED. FAIR MARKET RENT FOR A RENTAL AREA SHALL BE PUBLISHED NOT LESS THAN ANNUALLY BY THE COMMISSIONER AND SHALL BE MADE AVAILABLE ON THE WEBSITE OF NEW YORK STATE HOMES AND COMMUNITY RENEWAL. § 606. LEASES AND TENANCY. EACH HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO BY A PUBLIC HOUSING AGENCY AND THE OWNER OF A DWELLING UNIT SHALL PROVIDE: 1. THAT THE LEASE BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A TERM OF NOT LESS THAN ONE YEAR, EXCEPT THAT THE PUBLIC HOUSING AGENCY MAY APPROVE A SHORTER TERM FOR AN INITIAL LEASE BETWEEN THE TENANT AND THE DWELLING UNIT OWNER IF THE PUBLIC HOUSING AGENCY DETERMINES THAT SUCH SHORTER TERM WOULD IMPROVE HOUSING OPPORTUNITIES FOR THE TENANT AND IF SUCH SHORTER TERM IS CONSIDERED TO BE A PREVAILING LOCAL MARKET PRAC- TICE; 2. THAT THE DWELLING UNIT OWNER SHALL OFFER LEASES TO TENANTS ASSISTED UNDER THIS ARTICLE THAT: (A) ARE IN A STANDARD FORM USED IN THE LOCALITY BY THE DWELLING UNIT OWNER; AND (B) CONTAIN TERMS AND CONDITIONS THAT: (I) ARE CONSISTENT WITH STATE AND LOCAL LAW; AND (II) APPLY GENERALLY TO TENANTS IN THE PROPERTY WHO ARE NOT ASSISTED UNDER THIS ARTICLE; (C) SHALL PROVIDE THAT DURING THE TERM OF THE LEASE, THE OWNER SHALL NOT TERMINATE THE TENANCY EXCEPT FOR SERIOUS OR REPEATED VIOLATION OF THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE OR LOCAL LAW, OR FOR OTHER GOOD CAUSE, AND IN THE CASE OF AN OWNER WHO IS AN IMMEDIATE SUCCESSOR IN INTEREST PURSUANT TO FORECLOSURE DURING THE TERM OF THE LEASE VACATING THE PROPERTY PRIOR TO SALE SHALL NOT CONSTI- TUTE OTHER GOOD CAUSE, EXCEPT THAT THE OWNER MAY TERMINATE THE TENANCY EFFECTIVE ON THE DATE OF TRANSFER OF THE UNIT TO THE OWNER IF THE OWNER: (I) WILL OCCUPY THE UNIT AS A PRIMARY RESIDENCE; AND (II) HAS PROVIDED THE TENANT A NOTICE TO VACATE AT LEAST NINETY DAYS BEFORE THE EFFECTIVE DATE OF SUCH NOTICE; (D) SHALL PROVIDE THAT ANY TERMINATION OF TENANCY UNDER THIS SECTION SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE TENANT SPECIFYING THE GROUNDS FOR THAT ACTION, AND ANY RELIEF SHALL BE CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW; 3. THAT ANY UNIT UNDER AN ASSISTANCE CONTRACT ORIGINATED UNDER THIS ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY S. 2506--B 100 RESIDENCE. CONTRACTS SHALL NOT BE TRANSFERABLE BETWEEN UNITS AND SHALL NOT BE TRANSFERABLE BETWEEN RECIPIENTS. A FAMILY OR INDIVIDUAL MAY TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT TO THIS ARTICLE; 4. THAT AN OWNER SHALL NOT CHARGE MORE THAN A REASONABLE RENT AS DEFINED IN SECTION SIX HUNDRED ONE OF THIS ARTICLE. § 607. RENTAL OBLIGATION. 1. EACH RECIPIENT OF HOUSING ASSISTANCE UNDER THE HOUSING ACCESS VOUCHER PROGRAM'S MONTHLY RENTAL OBLIGATION SHALL BE THE GREATER OF: (A) THIRTY PERCENT OF THE MONTHLY ADJUSTED INCOME OF THE FAMILY OR INDIVIDUAL; OR (B) IF THE FAMILY OR INDIVIDUAL IS RECEIVING PAYMENTS FOR WELFARE ASSISTANCE FROM A PUBLIC AGENCY AND A PART OF THOSE PAYMENTS, ADJUSTED IN ACCORDANCE WITH THE ACTUAL HOUSING COSTS OF THE FAMILY, IS SPECIF- ICALLY DESIGNATED BY THAT AGENCY TO MEET THE HOUSING COSTS OF THE FAMI- LY, THE PORTION OF THOSE PAYMENTS THAT IS SO DESIGNATED. THESE PAYMENTS INCLUDE, BUT ARE NOT LIMITED TO ANY SHELTER ASSISTANCE OR HOUSING ASSISTANCE ADMINISTERED BY ANY FEDERAL, STATE OR LOCAL AGENCY. 2. IF THE RENT FOR THE INDIVIDUAL OR FAMILY (INCLUDING THE AMOUNT ALLOWED FOR TENANT-PAID UTILITIES) EXCEEDS THE APPLICABLE PAYMENT STAND- ARD ESTABLISHED UNDER SUBDIVISION ONE OF THIS SECTION, THE MONTHLY ASSISTANCE PAYMENT FOR THE FAMILY SHALL BE EQUAL TO THE AMOUNT BY WHICH THE APPLICABLE PAYMENT STANDARD EXCEEDS THE GREATER OF AMOUNTS UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS SECTION. § 608. MONTHLY ASSISTANCE PAYMENT. 1. THE AMOUNT OF THE MONTHLY ASSISTANCE PAYMENT WITH RESPECT TO ANY DWELLING UNIT SHALL BE THE DIFFERENCE BETWEEN THE MAXIMUM MONTHLY RENT WHICH THE CONTRACT PROVIDES THAT THE OWNER IS TO RECEIVE FOR THE UNIT AND THE RENT THE INDIVIDUAL OR FAMILY IS REQUIRED TO PAY UNDER SECTION SIX HUNDRED SEVEN OF THIS ARTI- CLE. REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY. 2. THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR DIFFERENT SIZED RENTALS IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE USE OF THE PROGRAM IN ALL LOCALITIES BASED ON THE FAIR MARKET RENTAL OF THE RENTAL AREA. RENTAL AREAS SHALL BE DELINEATED BY COUNTY, EXCEPTING THAT THE CITY OF NEW YORK SHALL BE CONSIDERED ONE RENTAL AREA. THE COMMIS- SIONER MAY RELY ON DATA OR OTHER INFORMATION PROMULGATED BY ANY OTHER STATE OR FEDERAL AGENCY IN DETERMINING THE RENTAL AREAS AND FAIR MARKET RENT. 3. THE PAYMENT STANDARD FOR EACH SIZE OF DWELLING UNIT IN A RENTAL AREA SHALL NOT BE LESS THAN NINETY PERCENT AND SHALL NOT EXCEED ONE HUNDRED TEN PERCENT OF THE FAIR MARKET RENT ESTABLISHED IN SECTION SIX HUNDRED ONE OF THIS ARTICLE FOR THE SAME SIZE OF DWELLING UNIT IN THE SAME RENTAL AREA, EXCEPT THAT THE COMMISSIONER SHALL NOT BE REQUIRED AS A RESULT OF A REDUCTION IN THE FAIR MARKET RENT TO REDUCE THE PAYMENT STANDARD APPLIED TO A FAMILY CONTINUING TO RESIDE IN A UNIT FOR WHICH THE FAMILY WAS RECEIVING ASSISTANCE UNDER THIS ARTICLE AT THE TIME THE FAIR MARKET RENT WAS REDUCED. § 609. INSPECTION OF UNITS BY PUBLIC HOUSING AGENCIES. 1. INITIAL INSPECTION. (A) FOR EACH DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE, THE PUBLIC HOUSING AGENCY (OR OTHER ENTITY PURSUANT TO SECTION SIX HUNDRED TWELVE OF THIS ARTICLE) SHALL INSPECT THE UNIT BEFORE ANY ASSISTANCE PAYMENT IS MADE TO DETER- MINE WHETHER THE DWELLING UNIT MEETS THE HOUSING QUALITY STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION, EXCEPT AS PROVIDED IN PARAGRAPH (B) OR (C) OF THIS SUBDIVISION. S. 2506--B 101 (B) IN THE CASE OF ANY DWELLING UNIT THAT IS DETERMINED, PURSUANT TO AN INSPECTION UNDER PARAGRAPH (A) OF THIS SUBDIVISION, NOT TO MEET THE HOUSING QUALITY STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION, ASSIST- ANCE PAYMENTS MAY BE MADE FOR THE UNIT NOTWITHSTANDING SUBDIVISION THREE OF THIS SECTION IF FAILURE TO MEET SUCH STANDARDS IS A RESULT ONLY OF NON-LIFE-THREATENING CONDITIONS, AS SUCH CONDITIONS ARE ESTABLISHED BY THE COMMISSIONER. A PUBLIC HOUSING AGENCY MAKING ASSISTANCE PAYMENTS PURSUANT TO THIS PARAGRAPH FOR A DWELLING UNIT SHALL, THIRTY DAYS AFTER THE BEGINNING OF THE PERIOD FOR WHICH SUCH PAYMENTS ARE MADE, WITHHOLD ANY ASSISTANCE PAYMENTS FOR THE UNIT IF ANY DEFICIENCY RESULTING IN NONCOMPLIANCE WITH THE HOUSING QUALITY STANDARDS HAS NOT BEEN CORRECTED BY SUCH TIME. THE PUBLIC HOUSING AGENCY SHALL RECOMMENCE ASSISTANCE PAYMENTS WHEN SUCH DEFICIENCY HAS BEEN CORRECTED, AND MAY USE ANY PAYMENTS WITHHELD TO MAKE ASSISTANCE PAYMENTS RELATING TO THE PERIOD DURING WHICH PAYMENTS WERE WITHHELD. (C) IN THE CASE OF ANY PROPERTY THAT WITHIN THE PREVIOUS TWENTY-FOUR MONTHS HAS MET THE REQUIREMENTS OF AN INSPECTION THAT QUALIFIES AS AN ALTERNATIVE INSPECTION METHOD PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, A PUBLIC HOUSING AGENCY MAY AUTHORIZE OCCUPANCY BEFORE THE INSPECTION UNDER PARAGRAPH (A) OF THIS SUBDIVISION HAS BEEN COMPLETED, AND MAY MAKE ASSISTANCE PAYMENTS RETROACTIVE TO THE BEGINNING OF THE LEASE TERM AFTER THE UNIT HAS BEEN DETERMINED PURSUANT TO AN INSPECTION UNDER PARAGRAPH (A) OF THIS SUBDIVISION TO MEET THE HOUSING QUALITY STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION. THIS PARAGRAPH MAY NOT BE CONSTRUED TO EXEMPT ANY DWELLING UNIT FROM COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION. 2. THE HOUSING QUALITY STANDARDS UNDER THIS SUBDIVISION SHALL BE STAN- DARDS FOR SAFE AND HABITABLE HOUSING ESTABLISHED: (A) BY THE COMMISSIONER FOR PURPOSES OF THIS SUBDIVISION; OR (B) BY LOCAL HOUSING CODES OR BY CODES ADOPTED BY PUBLIC HOUSING AGEN- CIES THAT: (I) MEET OR EXCEED HOUSING QUALITY STANDARDS, EXCEPT THAT THE COMMIS- SIONER MAY WAIVE THE REQUIREMENT UNDER THIS SUBPARAGRAPH TO SIGNIFICANT- LY INCREASE ACCESS TO AFFORDABLE HOUSING AND TO EXPAND HOUSING OPPORTU- NITIES FOR FAMILIES ASSISTED UNDER THIS ARTICLE, EXCEPT WHERE SUCH WAIVER COULD ADVERSELY AFFECT THE HEALTH OR SAFETY OF FAMILIES ASSISTED UNDER THIS ARTICLE; AND (II) DO NOT SEVERELY RESTRICT HOUSING CHOICE. 3. THE DETERMINATION REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL BE MADE BY THE PUBLIC HOUSING AGENCY (OR OTHER ENTITY, AS PROVIDED IN SECTION SIX HUNDRED TWELVE OF THIS ARTICLE) PURSUANT TO AN INSPECTION OF THE DWELLING UNIT CONDUCTED BEFORE ANY ASSISTANCE PAYMENT IS MADE FOR THE UNIT. INSPECTIONS OF DWELLING UNITS UNDER THIS SUBDIVISION SHALL BE MADE BEFORE THE EXPIRATION OF THE FIFTEEN DAY PERIOD BEGINNING UPON A REQUEST BY THE RESIDENT OR LANDLORD TO THE PUBLIC HOUSING AGENCY OR, IN THE CASE OF ANY PUBLIC HOUSING AGENCY THAT PROVIDES ASSISTANCE UNDER THIS ARTICLE ON BEHALF OF MORE THAN ONE THOUSAND TWO HUNDRED FIFTY FAMI- LIES, BEFORE THE EXPIRATION OF A REASONABLE PERIOD BEGINNING UPON SUCH REQUEST. THE PERFORMANCE OF THE AGENCY IN MEETING THE FIFTEEN DAY INSPECTION DEADLINE SHALL BE TAKEN INTO CONSIDERATION IN ASSESSING THE PERFORMANCE OF THE AGENCY. 4. (A) EACH PUBLIC HOUSING AGENCY PROVIDING ASSISTANCE UNDER THIS ARTICLE (OR OTHER ENTITY, AS PROVIDED IN SECTION SIX HUNDRED TWELVE OF THIS ARTICLE) SHALL, FOR EACH ASSISTED DWELLING UNIT, MAKE INSPECTIONS NOT LESS OFTEN THAN ANNUALLY DURING THE TERM OF THE HOUSING ASSISTANCE PAYMENTS CONTRACT FOR THE UNIT TO DETERMINE WHETHER THE UNIT IS MAIN- S. 2506--B 102 TAINED IN ACCORDANCE WITH THE REQUIREMENTS UNDER SUBDIVISION ONE OF THIS SECTION. (B) THE REQUIREMENTS UNDER PARAGRAPH (A) OF THIS SUBDIVISION MAY BE COMPLIED WITH BY USE OF INSPECTIONS THAT QUALIFY AS AN ALTERNATIVE INSPECTION METHOD PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. (C) THE PUBLIC HOUSING AGENCY (OR OTHER ENTITY) SHALL RETAIN THE RECORDS OF THE INSPECTION FOR A REASONABLE TIME, AS DETERMINED BY THE COMMISSIONER. 5. AN INSPECTION OF A PROPERTY SHALL QUALIFY AS AN ALTERNATIVE INSPECTION METHOD FOR PURPOSES OF THIS SUBDIVISION IF: (A) THE INSPECTION WAS CONDUCTED PURSUANT TO REQUIREMENTS UNDER A FEDERAL, STATE, OR LOCAL HOUSING PROGRAM; AND (B) PURSUANT TO SUCH INSPECTION, THE PROPERTY WAS DETERMINED TO MEET THE STANDARDS OR REQUIREMENTS REGARDING HOUSING QUALITY OR SAFETY APPLI- CABLE TO PROPERTIES ASSISTED UNDER SUCH PROGRAM, AND, IF A NON-STATE STANDARD OR REQUIREMENT WAS USED, THE PUBLIC HOUSING AGENCY HAS CERTI- FIED TO THE COMMISSIONER THAT SUCH STANDARD OR REQUIREMENT PROVIDES THE SAME (OR GREATER) PROTECTION TO OCCUPANTS OF DWELLING UNITS MEETING SUCH STANDARD OR REQUIREMENT AS WOULD THE HOUSING QUALITY STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION. 6. UPON NOTIFICATION TO THE PUBLIC HOUSING AGENCY, BY AN INDIVIDUAL OR FAMILY (ON WHOSE BEHALF TENANT-BASED RENTAL ASSISTANCE IS PROVIDED UNDER THIS ARTICLE) OR BY A GOVERNMENT OFFICIAL, THAT THE DWELLING UNIT FOR WHICH SUCH ASSISTANCE IS PROVIDED DOES NOT COMPLY WITH THE HOUSING QUAL- ITY STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION, THE PUBLIC HOUSING AGENCY SHALL INSPECT THE DWELLING UNIT: (A) IN THE CASE OF ANY CONDITION THAT IS LIFE-THREATENING, WITHIN TWENTY-FOUR HOURS AFTER THE AGENCY'S RECEIPT OF SUCH NOTIFICATION, UNLESS WAIVED BY THE COMMISSIONER IN EXTRAORDINARY CIRCUMSTANCES; AND (B) IN THE CASE OF ANY CONDITION THAT IS NOT LIFE-THREATENING, WITHIN A REASONABLE TIME FRAME, AS DETERMINED BY THE COMMISSIONER. 7. THE COMMISSIONER SHALL ESTABLISH PROCEDURAL GUIDELINES AND PERFORM- ANCE STANDARDS TO FACILITATE INSPECTIONS OF DWELLING UNITS AND CONFORM SUCH INSPECTIONS WITH PRACTICES UTILIZED IN THE PRIVATE HOUSING MARKET. SUCH GUIDELINES AND STANDARDS SHALL TAKE INTO CONSIDERATION VARIATIONS IN LOCAL LAWS AND PRACTICES OF PUBLIC HOUSING AGENCIES AND SHALL PROVIDE FLEXIBILITY TO AGENCIES APPROPRIATE TO FACILITATE EFFICIENT PROVISION OF ASSISTANCE UNDER THIS SECTION. § 610. RENT. 1. THE RENT FOR DWELLING UNITS FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE SHALL BE REASONABLE IN COMPARISON WITH RENTS CHARGED FOR COMPARABLE DWELLING UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET. 2. A PUBLIC HOUSING AGENCY (OR OTHER ENTITY, AS PROVIDED IN SECTION SIX HUNDRED TWELVE OF THIS ARTICLE) SHALL, AT THE REQUEST OF AN INDIVID- UAL OR FAMILY RECEIVING TENANT-BASED ASSISTANCE UNDER THIS ARTICLE, ASSIST THAT INDIVIDUAL OR FAMILY IN NEGOTIATING A REASONABLE RENT WITH A DWELLING UNIT OWNER. A PUBLIC HOUSING AGENCY (OR OTHER SUCH ENTITY) SHALL REVIEW THE RENT FOR A UNIT UNDER CONSIDERATION BY THE INDIVIDUAL OR FAMILY (AND ALL RENT INCREASES FOR UNITS UNDER LEASE BY THE INDIVID- UAL OR FAMILY) TO DETERMINE WHETHER THE RENT (OR RENT INCREASE) REQUESTED BY THE OWNER IS REASONABLE. IF A PUBLIC HOUSING AGENCY (OR OTHER SUCH ENTITY) DETERMINES THAT THE RENT (OR RENT INCREASE) FOR A DWELLING UNIT IS NOT REASONABLE, THE PUBLIC HOUSING AGENCY (OR OTHER SUCH ENTITY) SHALL NOT MAKE HOUSING ASSISTANCE PAYMENTS TO THE OWNER UNDER THIS SUBDIVISION WITH RESPECT TO THAT UNIT. S. 2506--B 103 3. IF A DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE IS EXEMPT FROM LOCAL RENT CONTROL PROVISIONS DURING THE TERM OF THAT CONTRACT, THE RENT FOR THAT UNIT SHALL BE REASONABLE IN COMPARISON WITH OTHER UNITS IN THE RENTAL AREA THAT ARE EXEMPT FROM LOCAL RENT CONTROL PROVISIONS. 4. EACH PUBLIC HOUSING AGENCY SHALL MAKE TIMELY PAYMENT OF ANY AMOUNTS DUE TO A DWELLING UNIT OWNER UNDER THIS SECTION. THE HOUSING ASSISTANCE PAYMENT CONTRACT BETWEEN THE OWNER AND THE PUBLIC HOUSING AGENCY MAY PROVIDE FOR PENALTIES FOR THE LATE PAYMENT OF AMOUNTS DUE UNDER THE CONTRACT, WHICH SHALL BE IMPOSED ON THE PUBLIC HOUSING AGENCY IN ACCORD- ANCE WITH GENERALLY ACCEPTED PRACTICES IN THE LOCAL HOUSING MARKET. 5. UNLESS OTHERWISE AUTHORIZED BY THE COMMISSIONER, EACH PUBLIC HOUS- ING AGENCY SHALL PAY ANY PENALTIES FROM ADMINISTRATIVE FEES COLLECTED BY THE PUBLIC HOUSING AGENCY, EXCEPT THAT NO PENALTY SHALL BE IMPOSED IF THE LATE PAYMENT IS DUE TO FACTORS THAT THE COMMISSIONER DETERMINES ARE BEYOND THE CONTROL OF THE PUBLIC HOUSING AGENCY. § 611. VACATED UNITS. IF AN ASSISTED FAMILY VACATES A DWELLING UNIT FOR WHICH RENTAL ASSISTANCE IS PROVIDED UNDER A HOUSING ASSISTANCE PAYMENT CONTRACT BEFORE THE EXPIRATION OF THE TERM OF THE LEASE FOR THE UNIT, RENTAL ASSISTANCE PURSUANT TO SUCH CONTRACT MAY NOT BE PROVIDED FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED. § 612. LEASING OF UNITS OWNED BY A PUBLIC HOUSING AGENCY. 1. IF AN ELIGIBLE INDIVIDUAL OR FAMILY ASSISTED UNDER THIS ARTICLE LEASES A DWELLING UNIT (OTHER THAN A PUBLIC HOUSING DWELLING UNIT) THAT IS OWNED BY A PUBLIC HOUSING AGENCY ADMINISTERING ASSISTANCE TO THAT INDIVIDUAL OR FAMILY UNDER THIS SECTION, THE COMMISSIONER SHALL REQUIRE THE UNIT OF GENERAL LOCAL GOVERNMENT OR ANOTHER ENTITY APPROVED BY THE COMMISSIONER, TO MAKE INSPECTIONS REQUIRED UNDER SECTION SIX HUNDRED NINE OF THIS ARTICLE AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX HUNDRED TEN OF THIS ARTICLE. THE AGENCY SHALL BE RESPONSIBLE FOR ANY EXPENSES OF SUCH INSPECTIONS AND DETERMINATIONS. 2. FOR PURPOSES OF THIS SECTION, THE TERM "OWNED BY A PUBLIC HOUSING AGENCY" MEANS, WITH RESPECT TO A DWELLING UNIT, THAT THE DWELLING UNIT IS IN A PROJECT THAT IS OWNED BY SUCH AGENCY, BY AN ENTITY WHOLLY CONTROLLED BY SUCH AGENCY, OR BY A LIMITED LIABILITY COMPANY OR LIMITED PARTNERSHIP IN WHICH SUCH AGENCY (OR AN ENTITY WHOLLY CONTROLLED BY SUCH AGENCY) HOLDS A CONTROLLING INTEREST IN THE MANAGING MEMBER OR GENERAL PARTNER. A DWELLING UNIT SHALL NOT BE DEEMED TO BE OWNED BY A PUBLIC HOUSING AGENCY FOR PURPOSES OF THIS SECTION BECAUSE THE AGENCY HOLDS A FEE INTEREST AS GROUND LESSOR IN THE PROPERTY ON WHICH THE UNIT IS SITU- ATED, HOLDS A SECURITY INTEREST UNDER A MORTGAGE OR DEED OF TRUST ON THE UNIT, OR HOLDS A NON-CONTROLLING INTEREST IN AN ENTITY WHICH OWNS THE UNIT OR IN THE MANAGING MEMBER OR GENERAL PARTNER OF AN ENTITY WHICH OWNS THE UNIT. § 613. VERIFICATION OF INCOME. THE COMMISSIONER SHALL ESTABLISH PROCE- DURES WHICH ARE APPROPRIATE AND NECESSARY TO ASSURE THAT INCOME DATA PROVIDED TO THE PUBLIC HOUSING AGENCY AND OWNERS BY INDIVIDUALS AND FAMILIES APPLYING FOR OR RECEIVING ASSISTANCE UNDER THIS ARTICLE IS COMPLETE AND ACCURATE. IN ESTABLISHING SUCH PROCEDURES, THE COMMISSIONER SHALL RANDOMLY, REGULARLY, AND PERIODICALLY SELECT A SAMPLE OF FAMILIES TO AUTHORIZE THE COMMISSIONER TO OBTAIN INFORMATION ON THESE FAMILIES FOR THE PURPOSE OF INCOME VERIFICATION, OR TO ALLOW THOSE FAMILIES TO PROVIDE SUCH INFORMATION THEMSELVES. SUCH INFORMATION MAY INCLUDE, BUT IS NOT LIMITED TO, DATA CONCERNING UNEMPLOYMENT COMPENSATION AND FEDERAL INCOME TAXATION AND DATA RELATING TO BENEFITS MADE AVAILABLE UNDER THE SOCIAL SECURITY ACT, 42 U.S.C. 301 ET SEQ., THE FOOD AND NUTRITION ACT S. 2506--B 104 OF 2008, 7 U.S.C. 2011 ET SEQ., OR TITLE 38 OF THE UNITED STATE CODE. ANY SUCH INFORMATION RECEIVED PURSUANT TO THIS SECTION SHALL REMAIN CONFIDENTIAL AND SHALL BE USED ONLY FOR THE PURPOSE OF VERIFYING INCOMES IN ORDER TO DETERMINE ELIGIBILITY OF INDIVIDUALS AND FAMILIES FOR BENE- FITS (AND THE AMOUNT OF SUCH BENEFITS, IF ANY) UNDER THIS ARTICLE. § 614. DIVISION OF AN ASSISTED FAMILY. 1. IN THOSE INSTANCES WHERE A FAMILY ASSISTED UNDER THIS ARTICLE BECOMES DIVIDED INTO TWO OTHERWISE ELIGIBLE INDIVIDUALS OR FAMILIES DUE TO DIVORCE, LEGAL SEPARATION OR THE DIVISION OF THE FAMILY, WHERE THE NEW UNITS CANNOT AGREE AS TO WHICH NEW UNIT SHOULD CONTINUE TO RECEIVE THE ASSISTANCE, AND WHERE THERE IS NO DETERMINATION BY A COURT, THE PUBLIC HOUSING AUTHORITY SHALL CONSIDER THE FOLLOWING FACTORS TO DETERMINE WHICH OF THE INDIVIDUALS OR FAMILIES WILL CONTINUE TO BE ASSISTED: (A) WHICH OF THE NEW UNITS HAS CUSTODY OF DEPENDENT CHILDREN; (B) WHICH FAMILY MEMBER WAS THE HEAD OF HOUSEHOLD WHEN THE VOUCHER WAS INITIALLY ISSUED (LISTED ON THE INITIAL APPLICATION); (C) THE COMPOSITION OF THE NEW UNITS AND WHICH UNIT INCLUDES ELDERLY OR DISABLED MEMBERS; (D) WHETHER DOMESTIC VIOLENCE WAS INVOLVED IN THE BREAKUP OF THE FAMI- LY UNIT; (E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND (F) RECOMMENDATIONS OF SOCIAL SERVICE PROFESSIONALS. 2. DOCUMENTATION OF THESE FACTORS WILL BE THE RESPONSIBILITY OF THE REQUESTING PARTIES. IF DOCUMENTATION IS NOT PROVIDED, THE PUBLIC HOUSING AGENCY WILL TERMINATE ASSISTANCE ON THE BASIS OF FAILURE TO PROVIDE INFORMATION NECESSARY FOR A RECERTIFICATION. § 615. MAINTENANCE OF EFFORT. ANY FUNDS MADE AVAILABLE PURSUANT TO THIS ARTICLE SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF FUNDS PREVIOUSLY EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR IN ANY COUNTY OR IN THE CITY OF NEW YORK, BUT SHALL BE USED TO SUPPLEMENT ANY PRIOR YEAR'S EXPENDITURES. THE COMMISSIONER MAY GRANT AN EXCEPTION TO THIS REQUIREMENT IF ANY COUNTY, MUNICIPALITY, OR OTHER GOVERNMENTAL ENTITY OR PUBLIC BODY CAN AFFIRMATIVELY SHOW THAT SUCH AMOUNT OF FUNDS PREVIOUSLY EXPENDED IS IN EXCESS OF THE AMOUNT NECESSARY TO PROVIDE ASSISTANCE TO ALL INDIVIDUALS AND FAMILIES WITHIN THE AREA IN WHICH THE FUNDS WERE PREVIOUSLY EXPENDED WHO ARE HOMELESS OR FACING AN IMMINENT LOSS OF HOUSING. § 616. VOUCHERS STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED SIX OF THIS ARTICLE, ANY VOUCHER ISSUED PURSUANT TO THIS ARTICLE MAY BE USED FOR HOUSING ANYWHERE IN THE STATE. THE COMMISSIONER SHALL INFORM VOUCHER HOLDERS THAT A VOUCHER MAY BE USED ANYWHERE IN THE STATE AND, TO THE EXTENT PRACTICABLE, THE COMMISSIONER SHALL ASSIST VOUCHER HOLDERS IN FINDING HOUSING IN THE AREA OF THEIR CHOICE. § 617. APPLICABLE CODES. HOUSING ELIGIBLE FOR PARTICIPATION IN THE HOMELESS ACCESS VOUCHER PROGRAM SHALL COMPLY WITH APPLICABLE STATE AND LOCAL HEALTH, HOUSING, BUILDING AND SAFETY CODES. § 618. HOUSING CHOICE. 1. THE COMMISSIONER SHALL ADMINISTER THE HOME- LESS ACCESS VOUCHER PROGRAM UNDER THIS ARTICLE TO PROMOTE HOUSING CHOICE FOR VOUCHER HOLDERS. THE COMMISSIONER SHALL AFFIRMATIVELY PROMOTE FAIR HOUSING TO THE EXTENT POSSIBLE UNDER THIS PROGRAM. 2. NOTHING IN THIS ARTICLE SHALL LESSEN OR ABRIDGE ANY FAIR HOUSING OBLIGATIONS PROMULGATED BY MUNICIPALITIES, LOCALITIES, OR ANY OTHER APPLICABLE JURISDICTION. § 2. This act shall take effect on the first of October next succeed- ing the date on which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- S. 2506--B 105 sary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART FF Section 1. Section 22-c of the state finance law is amended by adding a new subdivision 7 to read as follows: 7. FOR THE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND TWENTY- TWO AND EVERY FIFTH FISCAL YEAR THEREAFTER, THE GOVERNOR SHALL SUBMIT TO THE LEGISLATURE AS PART OF THE ANNUAL EXECUTIVE BUDGET, FIVE-YEAR CAPI- TAL PLANS FOR THE STATE UNIVERSITY OF NEW YORK STATE-OPERATED CAMPUSES AND CITY UNIVERSITY OF NEW YORK SENIOR COLLEGES. SUCH PLANS SHALL PROVIDE FOR THE ANNUAL APPROPRIATION OF CAPITAL FUNDS TO COVER ONE HUNDRED PERCENT OF THE ANNUAL CRITICAL MAINTENANCE NEEDS IDENTIFIED BY EACH UNIVERSITY SYSTEM, AND MAY INCLUDE FUNDS FOR NEW INFRASTRUCTURE OR OTHER MAJOR CAPITAL INITIATIVES, PROVIDED THAT SUCH FUNDING FOR NEW INFRASTRUCTURE OR OTHER MAJOR CAPITAL INITIATIVES SHALL NOT COUNT TOWARDS MEETING THE OVERALL CRITICAL MAINTENANCE REQUIREMENT. IN THE EVENT THAT SUCH PLAN IS UNABLE TO FUND ONE HUNDRED PERCENT OF THE CRIT- ICAL MAINTENANCE NEEDS DUE TO THE LIMITATION IMPOSED BY ARTICLE FIVE-B OF THIS CHAPTER, THE DIRECTOR OF THE BUDGET SHALL DEVELOP FIVE-YEAR CAPITAL PLANS WHEREBY THE IMPLEMENTATION OF EACH CAPITAL PLAN WOULD ANNUALLY REDUCE THE OVERALL FACILITY CONDITION INDEX (FCI) FOR EACH UNIVERSITY SYSTEM. FOR THE PURPOSES OF THIS SUBDIVISION, "FACILITY CONDITION INDEX" SHALL MEAN AN INDUSTRY BENCHMARK THAT MEASURES THE RATIO OF DEFERRED MAINTENANCE DOLLARS TO REPLACEMENT DOLLARS FOR THE PURPOSES OF ANALYZING THE EFFECT OF INVESTING IN FACILITY IMPROVEMENTS. THE APPORTIONMENT OF CAPITAL APPROPRIATIONS TO EACH STATE-OPERATED CAMPUS OR SENIOR COLLEGE SHALL BE BASED ON A METHODOLOGY TO BE DEVELOPED BY THE DIRECTOR OF THE BUDGET, IN CONSULTATION WITH THE STATE UNIVERSITY OF NEW YORK AND CITY UNIVERSITY OF NEW YORK. § 2. This act shall take effect immediately. PART GG Section 1. Clause (vi) of subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by section 1 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: (vi) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO--TWO THOU- SAND TWENTY-THREE AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT AND FRINGE BENEFITS, FOR THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAIL- ABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENE- FITS, AND OTHER NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILD- ING RENTALS AND OTHER INFLATIONARY EXPENSES INCURRED BY THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS, AND ANY INCREASE IN THE TUITION CREDIT PURSUANT TO SECTION SIX HUNDRED EIGHTY- NINE-A OF THIS TITLE AS TUITION INCREASES ARE ENACTED BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY; PROVIDED, HOWEVER, THAT IF THE GOVER- NOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, STATE S. 2506--B 106 SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVER- SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE. (VII) For the state university fiscal years commencing two thousand eleven--two thousand twelve and ending two thousand fifteen--two thou- sand sixteen, each university center may set aside a portion of its tuition revenues derived from tuition increases to provide increased financial aid for New York state resident undergraduate students whose net taxable income is eighty thousand dollars or more subject to the approval of a NY-SUNY 2020 proposal by the governor and the chancellor of the state university of New York. Nothing in this paragraph shall be construed as to authorize that students whose net taxable income is eighty thousand dollars or more are eligible for tuition assistance program awards pursuant to section six hundred sixty-seven of this [chapter] TITLE. § 2. Paragraph (a) of subdivision 7 of section 6206 of the education law is amended by adding a new subparagraph (vi) to read as follows: (VI) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO--TWO THOU- SAND TWENTY-THREE AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT AND FRINGE BENEFITS, FOR THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO- PRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA- TIONARY EXPENSES INCURRED BY THE CITY UNIVERSITY, AND ANY INCREASE IN THE TUITION CREDIT PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS CHAPTER AS TUITION INCREASES ARE ENACTED BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY; PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRES- IDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRI- ATE AND MAKE AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS CHAPTER. § 3. This act shall take effect immediately provided that: (a) the amendments to subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law made by section one of this act shall not affect the expiration and reversion of such subparagraph pursuant to chapter 260 of the laws of 2011, as amended, and shall expire therewith; and (b) the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law made by section two of this act shall not affect the expiration and reversion of such paragraph pursuant to chapter 260 of the laws of 2011, as amended, and shall expire therewith. PART HH S. 2506--B 107 Section 1. Paragraph h of subdivision 2 of section 355 of the educa- tion law is amended by adding a new subparagraph 11 to read as follows: (11) BEGINNING IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC YEAR ALL CURRENT AND FUTURE MANDATORY UNIVERSITY FEES, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE, SHALL BE CHARGED TO A STATE UNIVERSITY OF NEW YORK GRADUATE STUDENT SERVING A FULL-TIME OR HALF-TIME APPOINTMENT AS A GRADUATE TEACHING ASSISTANT, GRADUATE ASSISTANT, GRADUATE RESEARCH ASSISTANT, GRADUATE RESEARCH ASSOCIATE, OR GRADUATE TEACHING ASSOCIATE AT THE FOLLOWING RATES: (I) IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC YEAR SEVENTY-FIVE PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE; (II) IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE ACADEM- IC YEAR FIFTY PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE EXCLU- SION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE; (III) IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR TWENTY-FIVE PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE; AND (IV) BEGINNING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY- FIVE ACADEMIC YEAR AND THEREAFTER, NO MANDATORY UNIVERSITY FEES SHALL BE CHARGED, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE. § 2. Section 6206 of the education law is amended by adding a new subdivision 21 to read as follows: 21. BEGINNING IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC YEAR ALL CURRENT AND FUTURE MANDATORY UNIVERSITY FEES, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE, SHALL BE CHARGED TO A CITY UNIVERSITY OF NEW YORK GRADUATE STUDENT SERV- ING AS A GRADUATE ASSISTANT, ADJUNCT INSTRUCTOR, ADJUNCT LECTURER, ADJUNCT COLLEGE LABORATORY TECHNICIAN OR A NON-TEACHING ADJUNCT STAFF MEMBER AT THE FOLLOWING RATES: A. IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC YEAR SEVENTY-FIVE PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE; B. IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE ACADEMIC YEAR FIFTY PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE; C. IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR TWENTY-FIVE PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE; AND D. BEGINNING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE ACADEMIC YEAR AND THEREAFTER, NO MANDATORY UNIVERSITY FEES SHALL BE CHARGED, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE. § 3. This act shall take effect immediately. PART II Section 1. The education law is amended by adding a new section 6452-a to read as follows: § 6452-A. DIVERSITY IN MEDICINE EDUCATIONAL OPPORTUNITY PROGRAM; STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK. 1. TO PROVIDE ADDITIONAL EDUCATIONAL OPPORTUNITY AT THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK, SUCH INSTITUTIONS SHALL S. 2506--B 108 PROVIDE SPECIAL PROGRAMS FOR THE SCREENING, TESTING, COUNSELING, AND TUTORING OF, AND ASSISTANCE TO, RESIDENTS OF THE STATE WHO ARE, (I) ENROLLED AT AN INSTITUTION OF THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF NEW YORK, (II) WHO HAVE THE POTENTIAL FOR THE SUCCESSFUL COMPLETION OF A DOCTORATE LEVEL DEGREE PROGRAM IN THE FIELD OF MEDICINE, AND (III) ARE ELIGIBLE FOR AN OPPORTUNITY PROGRAM ESTAB- LISHED BY SECTION SIX THOUSAND FOUR HUNDRED FIFTY-TWO OF THIS ARTICLE. 2. SUCH SCHOOLS SHALL EACH FORMULATE A GENERAL PLAN FOR THE ORGANIZA- TION, DEVELOPMENT, CO-ORDINATION AND OPERATION OF SUCH A PROGRAM WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR BY LAW. SUCH A PLAN SHALL INCLUDE: A. A DEFINITION OF ELIGIBILITY, PROVIDED, HOWEVER, EXCEPT FOR REQUIR- ING RESIDENCE IN THE STATE OR IN THE CITY OF NEW YORK IN THE CASE OF THOSE PROGRAMS PROVIDED BY THE CITY UNIVERSITY OF NEW YORK, NO SUCH DEFINITION SHALL INCLUDE EITHER BY ITS TERMS OR IN ITS APPLICATION, ANY CRITERIA OR STANDARD WHICH DETERMINES ELIGIBILITY BASED IN WHOLE OR IN PART UPON THE GEOGRAPHICAL LOCALITY IN WHICH A STUDENT OR PROSPECTIVE STUDENT RESIDES; B. PROCEDURES FOR THE SELECTION OF STUDENTS FROM AMONG THE ELIGIBLE; C. DESCRIPTION OF THE CONTENTS OF SUCH PROPOSED PROGRAM INCLUDING COUNSELING, TUTORING AND SKILL DEVELOPMENT; D. ESTIMATED COSTS; E. OBJECTIVES INCLUDING CO-ORDINATION WITH THE INSTITUTION'S LONG RANGE PLAN; F. THE EXTENT OF OTHER FUNDS AND RESOURCES TO BE UTILIZED IN SUPPORT OF THE PROGRAM; G. PROCEDURES FOR THE EVALUATION OF STUDENT PROGRESS; AND H. PERIODIC REPORTS. 3. THE GENERAL PLAN SHALL BE TRANSMITTED TO THE BOARD OF REGENTS AT SUCH TIME AS THE REGENTS SHALL BY RULE REQUIRE. SUCH PLAN SHALL BE REVIEWED BY THE REGENTS AND SHALL GUIDE AND DETERMINE THE OPERATION OF SUCH PROGRAMS AT SUCH UNIVERSITIES. 4. A. MONEYS MADE AVAILABLE TO SUCH PURSUANT TO THIS SECTION SHALL BE SPENT ONLY FOR THE FOLLOWING PURPOSES: (I) SPECIAL TESTING, COUNSELING AND GUIDANCE SERVICES IN THE COURSE OF SCREENING POTENTIAL STUDENTS; (II) SUPPLEMENTAL TUTORING FOR COURSES CONSIDERED NECESSARY FOR ENTRANCE INTO A SCHOOL OF MEDICINE, DEVELOPMENTAL WORKSHOPS AND COMPEN- SATORY COURSES AND SUMMER CLASSES FOR SUCH STUDENTS; (III) SPECIAL TUTORING, COUNSELING AND GUIDANCE SERVICES FOR STUDENTS UPON ENROLLMENT IN A SCHOOL OF MEDICINE; (IV) PREPARATION COURSES AND MATERIALS FOR THE MEDICAL COLLEGE ADMIS- SION TEST (MCAT) OR SUBSEQUENT TESTING CREATED THAT MAY BE REQUIRED FOR MEDICAL SCHOOL ADMISSION; (V) INTERNSHIPS AND RESEARCH EXPERIENCES; (VI) SUMMER ENRICHMENT, BRIDGE PROGRAMS, AND EXPERIENCES; (VII) CENTRAL SERVICES INCLUDING EVALUATION AND ADMINISTRATIVE COSTS; AND (VIII) ANY NECESSARY SUPPLEMENTAL FINANCIAL ASSISTANCE, WHICH MAY INCLUDE THE COST OF BOOKS AND NECESSARY MAINTENANCE FOR SUCH STUDENTS, INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA- GRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; PROVIDED, HOWEVER, THAT SUCH SUPPLEMENTAL FINANCIAL ASSISTANCE SHALL BE FURNISHED PURSUANT TO CRITERIA PROMULGATED BY SUCH INSTITUTIONS AND APPROVED BY THE REGENTS AND THE DIRECTOR OF THE BUDGET. S. 2506--B 109 B. NO FUNDS PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY INSTITUTION PARTICIPATING IN THIS PROGRAM, NOR SHALL FUNDS BE PROVIDED FOR PROGRAMS WHICH ARE INCOMPATIBLE WITH THE REGENTS' PLAN FOR THE EXPANSION AND DEVELOPMENT OF HIGHER EDUCATION IN THE STATE. 5. A. THE TRUSTEES OF THE STATE UNIVERSITY AND BOARD OF HIGHER EDUCA- TION IN THE CITY OF NEW YORK SHALL EACH FURNISH TO THE REGENTS, THE DIRECTOR OF THE BUDGET, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, AT LEAST ANNUAL- LY, A REPORT IN SUCH FORM, AT SUCH TIME AND CONTAINING SUCH INFORMATION AS THE REGENTS AND THE DIRECTOR OF THE BUDGET MAY REQUIRE, OF THE OPER- ATIONS OF SUCH PROGRAMS. THE REPORT SHALL INCLUDE: (I) A STATEMENT OF THE OBJECTIVES OF THE PROGRAM AT THE INSTITUTION; (II) A DESCRIPTION OF THE PROGRAM; (III) THE BUDGETARY EXPENDITURES FOR SUCH PROGRAM, SEPARATELY STATING ACADEMIC CREDIT INSTRUCTIONAL COSTS, OTHER INSTRUCTIONAL COSTS, TUTORING COSTS, REMEDIATION, COUNSELING, SUPPLEMENTAL FINANCIAL ASSISTANCE AND CENTRAL SERVICES, INCLUDING EVALUATION AND ADMINISTRATIVE COSTS; (IV) THE EXTENT OF OTHER FUNDS AND RESOURCES USED IN SUPPORT OF SUCH PROGRAM AND THEIR SOURCES; (V) THE PROGRESS OF STUDENTS; (VI) THE EXTENT AND NATURE OF THE RESPONSIBILITY EXERCISED OVER SUCH PROGRAM BY SUCH TRUSTEES AND SUCH BOARD; (VII) THE EXTENT AND NATURE OF SUPERVISION AND CONTROL EXERCISED OVER SUCH PROGRAM BY THE ADMINISTRATIVE OFFICIALS OF THE CONSTITUENT INSTI- TUTIONS IN SUCH UNIVERSITIES; AND (VIII) A CERTIFICATION BY SUCH TRUSTEES AND SUCH BOARD THAT THE ACADEMIC COMMITTEES OF THE CONSTITUENT INSTITUTIONS OF SUCH UNIVERSITIES AND THEIR FACULTY COMMITTEES HAVE REVIEWED AND APPROVED THE ACADEMIC CONTENT OF THE COURSES OFFERED FOR ACADEMIC CREDIT IN SUCH PROGRAM AND THE AMOUNT OF ACADEMIC CREDIT GRANTED THEREFOR AND THAT THE REGISTRATION REQUIREMENTS OF THE REGENTS AND THE COMMISSIONER HAVE BEEN MET WHERE APPLICABLE. B. THE REGENTS SHALL REVIEW SUCH REPORT AND FORWARD THE SAME, TOGETHER WITH THEIR COMMENTS AND RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLA- TURE, ON OR BEFORE DECEMBER FIRST NEXT FOLLOWING THE CLOSE OF THE STATE'S FISCAL YEAR. § 2. This act shall take effect immediately. PART JJ Section 1. The education law is amended by adding a new section 6457 to read as follows: § 6457. ENHANCING SUPPORTS AND SERVICES FOR STUDENTS WITH DISABILITIES FOR POSTSECONDARY SUCCESS. 1. FOR THE PURPOSES OF THIS SECTION, "STUDENTS WITH DISABILITIES" SHALL MEAN INDIVIDUALS WITH A DISABILITY WHO HAVE A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITY OR ACTIVITIES, A RECORD OF SUCH IMPAIRMENT, OR BEING REGARDED AS HAVING SUCH IMPAIRMENT AND WHO ARE ENROLLED IN A DEGREE-GRANTING INSTITUTION IN NEW YORK. 2. SUBJECT TO AN APPROPRIATION, THE COMMISSIONER SHALL ALLOCATE FUNDS AVAILABLE FOR ENHANCING SUPPORTS AND SERVICES FOR STUDENTS WITH DISABIL- ITIES IN NEW YORK STATE DEGREE GRANTING COLLEGES AND UNIVERSITIES SO THEY CAN SUCCEED IN THEIR EDUCATION. SUCH FUNDS SHALL BE AWARDED THROUGH GRANTS TO INSTITUTIONS OF THE STATE UNIVERSITY AND INSTITUTIONS OF THE CITY UNIVERSITY OF NEW YORK, AND THE COMMISSIONER SHALL ENTER INTO S. 2506--B 110 CONTRACTS WITH DEGREE-GRANTING INSTITUTIONS IN NEW YORK THAT ARE CURRENTLY FUNDED UNDER THE TUITION ASSISTANCE PROGRAM UNDER ARTICLE FOURTEEN OF THIS CHAPTER FOR THE PURPOSE OF PROVIDING ADDITIONAL SERVICES AND SUPPORTS TO EXPAND OPPORTUNITIES FOR STUDENTS WITH DISABIL- ITIES. 3. (A) FUNDS APPROPRIATED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC YEAR AND THEREAFTER FOR THE PURPOSE OF THIS INITI- ATIVE SHALL BE ALLOCATED PROPORTIONALLY FOR EACH STUDENT WITH A DISABIL- ITY ENROLLED IN AN INSTITUTION OF HIGHER EDUCATION THAT SUCCESSFULLY APPLIES FOR FUNDING PURSUANT TO SUBDIVISION SIX OF THIS SECTION BASED UPON THE TOTAL NUMBER OF STUDENTS WITH DISABILITIES THAT ARE ENROLLED IN ALL INSTITUTIONS OF HIGHER EDUCATION THAT SUCCESSFULLY APPLY FOR FUNDING PURSUANT TO SUBDIVISION SIX OF THIS SECTION. THE NUMBER OF STUDENTS WITH DISABILITIES USED FOR THIS CALCULATION SHALL BE BASED ON DATA SUBMITTED ANNUALLY BY THE INSTITUTION TO THE COMMISSIONER THROUGH A PROCESS REQUIRED FOR THIS PURPOSE BY THE COMMISSIONER. (B) FUNDS SHALL BE AWARDED TO EACH INSTITUTION OF HIGHER EDUCATION THAT SUCCESSFULLY APPLIES FOR FUNDING PURSUANT TO SUBDIVISION SIX OF THIS SECTION DIRECTLY AND NOT THROUGH ENTITIES WHO DO NOT DIRECTLY ENROLL STUDENTS. 4. FUNDS SHALL BE AWARDED THROUGH A FORMULA IN EQUAL AMOUNTS PER IDEN- TIFIED STUDENT WITH A DISABILITY TO EACH INSTITUTION OF HIGHER EDUCATION THAT SUCCESSFULLY APPLIES FOR FUNDING PURSUANT TO SUBDIVISION SIX OF THIS SECTION. THE NUMBER OF STUDENTS WITH DISABILITIES AT EACH INSTITU- TION SHALL BE DETERMINED BASED UPON THE DATA SUBMITTED ANNUALLY BY THE INSTITUTION TO THE COMMISSIONER THROUGH A PROCESS REQUIRED FOR THIS PURPOSE BY THE COMMISSIONER. 5. MONEYS MADE AVAILABLE TO INSTITUTIONS UNDER THIS SECTION SHALL BE SPENT FOR THE FOLLOWING PURPOSES: (A) TO SUPPLEMENT FUNDING FOR SUPPORTS AND ACCOMMODATIONS OF STUDENTS WITH DISABILITIES TO EXPAND SUPPORTS AND SERVICES PROVIDED AT THE STATE UNIVERSITY, THE CITY UNIVERSITY OF NEW YORK, AND OTHER DEGREE-GRANTING HIGHER EDUCATION INSTITUTIONS; (B) TO SUPPORT COLLEGE PREPARATION PROGRAMS TO ASSIST STUDENTS WITH DISABILITIES IN TRANSITIONING TO COLLEGE, AND PREPARE THEM TO NAVIGATE CAMPUS FACILITIES AND SYSTEMS; (C) TO PROVIDE FULL AND PART-TIME FACULTY AND STAFF AT THE STATE UNIVERSITY, THE CITY UNIVERSITY OF NEW YORK, AND OTHER DEGREE-GRANTING HIGHER EDUCATION INSTITUTIONS WITH DISABILITY TRAINING; AND (D) TO IMPROVE THE IDENTIFICATION PROCESS OF STUDENTS WITH DISABILI- TIES AND ENHANCE DATA COLLECTION CAPABILITIES AT THE STATE UNIVERSITY, THE CITY UNIVERSITY OF NEW YORK, AND OTHER DEGREE-GRANTING HIGHER EDUCA- TION INSTITUTIONS. 6. ELIGIBLE INSTITUTIONS SHALL FILE AN APPLICATION FOR APPROVAL BY THE COMMISSIONER NO LATER THAN THE FIRST OF MAY EACH YEAR DEMONSTRATING A NEED FOR SUCH FUNDING, INCLUDING HOW THE FUNDING WOULD BE USED AND HOW MANY STUDENTS WITH DISABILITIES WOULD BE ASSISTED WITH SUCH FUNDING. THE COMMISSIONER SHALL REVIEW ALL APPLICATIONS FOR COMPLIANCE WITH ALL ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS SET FORTH IN REGULATIONS OF THE COMMISSIONER. SUCCESSFUL APPLICANTS WILL BE FUNDED AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION. 7. NO FUNDS PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY INSTITUTION PARTICIPATING IN THIS PROGRAM. § 2. This act shall take effect immediately. S. 2506--B 111 PART KK Section 1. Section 6808 of the education law is amended by adding a new subdivision 9 to read as follows: 9. SUPERVISION. WHOLESALERS WHO DO NOT REPACK MAY DESIGNATE AS THE SUPERVISOR A PERSON WHO PRESENTS EVIDENCE OF THE COMPLETION OF A MINIMUM OF TWO YEARS OF EDUCATION BEYOND HIGH SCHOOL AND WHO HAS AT LEAST TWO YEARS OF EXPERIENCE IN THE MANUFACTURING, REPACKING AND/OR WHOLESALING OF DRUGS SATISFACTORY TO THE STATE BOARD OF PHARMACY. ESTABLISHMENTS WHICH LIMIT THEIR OPERATION TO MANUFACTURING AND REPACKING OF COMPRESSED MEDICAL GASES AND/OR WHOLESALING OF RELATED RESPIRATORY THERAPY AGENTS SHALL HAVE EACH PERSON RESPONSIBLE FOR SUPERVISING THE MANUFACTURING, PROCESSING, PACKING, OR HOLDING OF A DRUG PRODUCT HAVE THE EDUCATION, TRAINING, AND EXPERIENCE, OR ANY COMBINATION THEREOF TO PERFORM ASSIGNED FUNCTIONS IN SUCH A MANNER AS TO PROVIDE ASSURANCE THAT THE DRUG PRODUCT HAS THE SAFETY, IDENTITY, STRENGTH, AND PURITY THAT IT PURPORTS TO POSSESS. § 2. This act shall take effect immediately. PART LL Section 1. Clause (A) of subparagraph (i) of paragraph a of subdivi- sion 3 of section 667 of the education law, as amended by section 1 of part B of chapter 60 of the laws of 2000, item 1 as amended by section 1 and item 2 as amended by section 2 of part H of chapter 58 of the laws of 2011, the opening paragraph of item 1 as amended by section 2 of part X of chapter 56 of the laws of 2014, subitem (a) of item 1 as amended by section 2, subitem (b) of item 1 as amended by section 3 and subitem (c) of item 1 as amended by section 1 of part U of chapter 56 of the laws of 2014 and subitem (d) of item 1 as added by section 1 of part E of chap- ter 58 of the laws of 2011, is amended to read as follows: (A) (1) In the case of students who have not been granted an exclusion of parental income, who have qualified as an orphan, foster child, or ward of the court for the purposes of federal student financial aid programs authorized by Title IV of the Higher Education Act of 1965, as amended, 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 two hundred ninety dollars] THE SAME AMOUNT AS IN SUBITEM (C) OF THIS ITEM; or (b) For students first receiving aid in nineteen hundred ninety-three- -nineteen hundred ninety-four or earlier, [three thousand seven hundred forty dollars] THE SAME AMOUNT AS IN SUBITEM (C) OF THIS ITEM; or (c) For students first receiving aid in two thousand--two thousand one and thereafter, [five] SIX thousand [dollars, except starting in two thousand fourteen-two thousand fifteen and thereafter such students shall receive five thousand] one hundred sixty-five 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 S. 2506--B 112 degree, [four] FIVE thousand dollars. Provided, however, that this subi- tem shall not apply to students enrolled in a program of study leading to a certificate or degree in nursing. (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] FOUR 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] THE SAME AMOUNT AS IN SUBITEM (A) OF THIS ITEM, or (c) For students first receiving aid in nineteen hundred ninety-one-- nineteen hundred ninety-two or earlier, [two thousand four hundred fifty dollars] THE SAME AMOUNT AS IN SUBITEM (A) OF THIS ITEM; or § 2. Section 689-a of the education law, as added by chapter 260 of the laws of 2011, is amended to read as follows: § 689-a. Tuition credits. 1. The New York state higher education services corporation shall calculate a tuition credit for each resident undergraduate student who has filed an application with such corporation for a tuition assistance program award pursuant to section six hundred sixty-seven of this article, and is determined to be eligible to receive such award, and is also enrolled in a program of undergraduate study at a state operated or senior college of the state university of New York or the city university of New York where the annual resident undergradu- ate tuition rate will exceed [five] SIX thousand ONE HUNDRED SIXTY-FIVE dollars. Such tuition credit shall be calculated for each semester, quarter or term of study that tuition is charged and tuition for the corresponding semester, quarter or term shall not be due for any student eligible to receive such tuition credit until such credit is calculated, the student and school where the student is enrolled is notified of the tuition credit amount, and such tuition credit is applied toward the tuition charged. 2. Each tuition credit pursuant to this section shall be an amount equal to the product of the total annual resident undergraduate tuition rate minus [five] SIX thousand ONE HUNDRED SIXTY-FIVE dollars then multiplied by an amount equal to the product of the total annual award for the student pursuant to section six hundred sixty-seven of this article divided by an amount equal to the maximum amount the student qualifies to receive pursuant to clause (A) of subparagraph (i) of para- graph a of subdivision three of section six hundred sixty-seven of this article. § 3. Clause (vi) of subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by section 1 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: (vi) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOU- SAND TWENTY-TWO AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT AND FRINGE BENEFITS, FOR THE STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENER- AL FUND OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE STATE UNIVERSITY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER S. 2506--B 113 NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLATIONARY EXPENSES INCURRED BY THE STATE UNIVERSITY, PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNI- CATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPOR- TIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDI- VISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE. (VII) For the state university fiscal years commencing two thousand eleven--two thousand twelve and ending two thousand fifteen--two thou- sand sixteen, each university center may set aside a portion of its tuition revenues derived from tuition increases to provide increased financial aid for New York state resident undergraduate students whose net taxable income is eighty thousand dollars or more subject to the approval of a NY-SUNY 2020 proposal by the governor and the chancellor of the state university of New York. Nothing in this paragraph shall be construed as to authorize that students whose net taxable income is eighty thousand dollars or more are eligible for tuition assistance program awards pursuant to section six hundred sixty-seven of this [chapter] TITLE. § 4. Paragraph (a) of subdivision 7 of section 6206 of the education law is amended by adding a new subparagraph (vi) to read as follows: (VI) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOU- SAND TWENTY-TWO AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT AND FRINGE BENEFITS, FOR THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO- PRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA- TIONARY EXPENSES INCURRED BY THE CITY UNIVERSITY, PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVER- SITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS CHAPTER. § 5. This act shall take effect immediately provided that: (a) the amendments to section 689-a of the education law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith; (b) the amendments to subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law made by section three of this act shall not affect the expiration of such subparagraph pursuant to chapter 260 of the laws of 2011, as amended, and shall expire therewith; (c) the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law made by section four of this act shall not affect the expiration of such paragraph pursuant to chapter 260 of the laws of 2011, as amended, and shall expire therewith; and (d) section one of this act shall take effect June 1, 2021. S. 2506--B 114 PART MM Section 1. Section 201 of the workers' compensation law is amended by adding a new subdivision 24 to read as follows: 24. "EXCLUDED WORKER" MEANS AN INDIVIDUAL WHOSE PRINCIPAL PLACE OF RESIDENCE IS IN NEW YORK STATE, AND, WHO: (A) DOES NOT MEET THE ELIGIBILITY REQUIREMENTS: (I) FOR UNEMPLOYMENT INSURANCE BENEFITS UNDER ARTICLE EIGHTEEN OF THE LABOR LAW, INCLUDING BENEFITS PAYABLE TO FEDERAL CIVILIAN EMPLOYEES AND TO EX-SERVICEMEN AND SERVICEWOMEN PURSUANT TO CHAPTER 85 OF THE UNITED STATES CODE, AND BENEFITS AUTHORIZED TO BE USED FOR THE SELF-EMPLOYMENT ASSISTANCE PROGRAM PURSUANT TO THE FEDERAL-STATE EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 1970, PROVIDED THAT SUCH INDIVIDUAL IS ALSO NOT ELIGIBLE TO RECEIVE UNEMPLOYMENT INSURANCE BENEFITS UNDER COMPARABLE LAWS IN ANY OTHER STATE AND FURTHER PROVIDED THAT SUCH INELIGIBILITY FOR UNEMPLOYMENT INSURANCE BENEFITS IS NOT PURSUANT TO DISQUALIFICATION FOR BENEFITS UNDER SECTION FIVE HUNDRED NINETY-THREE OF THE LABOR LAW; (II) FOR INSURANCE OR ASSISTANCE PAYMENTS UNDER ANY PROGRAMS PROVIDED FOR BY TITLE II OF THE FEDERAL CARES ACT; OR (III) PAYMENTS UNDER THE PRESIDENTIAL MEMORANDUM AUTHORIZING THE OTHER NEEDS ASSISTANCE PROGRAM FOR MAJOR DISASTER DECLARATIONS RELATED TO CORONAVIRUS DISEASE 2019, ISSUED ON AUGUST EIGHTH, TWO THOUSAND TWENTY; (B) HAS NOT ACTUALLY RECEIVED PAYMENTS FROM ANY OF THE SOURCES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION, UNLESS SUCH RECEIVED PAYMENTS WERE MADE IN ERROR BY THE ADMINISTERING AGENCY AND SUCH PAYMENTS WERE OR ARE TO BE RECOVERED BY THE ADMINISTERING AGENCY; AND (C) EITHER: (I) SUFFERED A LOSS OF WORK-RELATED EARNINGS OR HOUSEHOLD INCOME DUE TO: (A) BECOMING OR CONTINUING STATUS AS UNEMPLOYED, PARTIALLY UNEMPLOYED, UNABLE TO WORK, OR UNAVAILABLE TO WORK DURING THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION, "PARTIALLY UNEMPLOYED" SHALL MEAN WORKED THREE DAYS A WEEK OR FEWER PRIOR TO JANUARY EIGH- TEENTH, TWO THOUSAND TWENTY-ONE, OR THIRTY HOURS A WEEK OR FEWER ON OR AFTER JANUARY EIGHTEENTH, TWO THOUSAND TWENTY-ONE; OR (B) THE INDIVIDUAL HAS BECOME THE BREADWINNER OR MAJOR SOURCE OF INCOME FOR A HOUSEHOLD BECAUSE THE HEAD OF THE HOUSEHOLD HAS DIED OR BECOME DISABLED DURING THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, PROVIDED THAT NO OTHER INDIVIDUAL IN THE SAME HOUSEHOLD IS RECEIVING BENEFITS UNDER THIS ARTI- CLE FOR THE SAME REASON; OR (II) THE INDIVIDUAL WAS UNABLE TO OBTAIN EMPLOYMENT DURING THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY DESPITE BEING READY, WILLING, AND ABLE TO WORK, AND IS INELIGIBLE FOR THE BENEFITS LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION DUE TO INABILITY TO FORM AN ATTACHMENT TO THE LABOR MARKET DUE TO BEING RELEASED FROM POST ARRAIGNMENT INCARCERATION OR DETENTION OR IMMIGRATION DETENTION ON OR AFTER OCTOBER FIRST, TWO THOUSAND NINETEEN. § 2. The workers' compensation law is amended by adding a new section 207-a to read as follows: § 207-A. WORKERS EXCLUDED FROM UNEMPLOYMENT INSURANCE BENEFITS. 1. ELIGIBILITY. EXCLUDED WORKERS AS DEFINED IN THIS ARTICLE SHALL BE ELIGI- BLE FOR BENEFITS UNDER THIS SECTION UPON THE FIRST FULL DATE OF MEETING SUCH DEFINITION AND DURING THE CONTINUANCE OF MEETING SUCH DEFINITION DURING THE BENEFIT PERIOD, SUBJECT TO THE LIMITATIONS AS TO MAXIMUM AND S. 2506--B 115 MINIMUM AMOUNTS AND DURATION AND OTHER CONDITIONS AND LIMITATIONS IN THIS SECTION. THE "BENEFIT PERIOD" SHALL BE RETROACTIVE FROM ON OR AFTER MARCH TWENTY-SEVENTH, TWO THOUSAND TWENTY BUT NO LATER THAN SEPTEMBER SIXTH, TWO THOUSAND TWENTY-ONE. 2. BENEFIT COMPUTATION. THE WEEKLY BENEFIT OF THE EXCLUDED WORKER SHALL BE COMPUTED AS FOLLOWS: (A) THE WEEKLY BENEFIT WHICH THE EXCLUDED WORKER IS ENTITLED TO RECEIVE BETWEEN MARCH TWENTY-SEVENTH, TWO THOUSAND TWENTY AND JULY THIR- TY-FIRST, TWO THOUSAND TWENTY SHALL BE SIX HUNDRED DOLLARS, BEFORE THE REMITTANCE OF APPLICABLE INCOME TAXES. (B) THE WEEKLY BENEFIT WHICH THE EXCLUDED WORKER IS ENTITLED TO RECEIVE BETWEEN AUGUST FIRST, TWO THOUSAND TWENTY AND SEPTEMBER SIXTH, TWO THOUSAND TWENTY-ONE SHALL BE THREE HUNDRED DOLLARS, BEFORE THE REMITTANCE OF APPLICABLE INCOME TAXES. 3. PAYMENT OF BENEFITS. (A) BENEFITS SHALL NOT BE AVAILABLE TO ANY EXCLUDED WORKER IF SUCH EXCLUDED WORKER'S GROSS WORK-RELATED EARNINGS RECEIVED IN THE PREVIOUS CALENDAR MONTH EXCEEDED TWO THOUSAND ONE HUNDRED EIGHTY-TWO DOLLARS. (B) ANY BENEFICIARY RECEIVING BENEFITS FOR ANY RETROACTIVE PERIOD OF ELIGIBILITY PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL RECEIVE PAYMENT IN THE FOLLOWING MANNER: (I) AS SOON AS POSSIBLE UPON CERTIF- ICATION OF ELIGIBILITY, RECEIPT OF PAYMENT WORTH NO MORE THAN FIFTY PERCENT OF TOTAL BENEFITS OR FIVE THOUSAND DOLLARS, WHICHEVER IS LESS; (II) ON A WEEKLY BASIS FOLLOWING LUMP PAYMENT OF PAYMENTS PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, TWENTY PERCENT OF THE TOTAL BENE- FITS. THE CHAIR SHALL ENSURE THAT ALL TOTAL BENEFITS ARE PAID PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION PROVIDED THAT SUCH BENEFICIARY CONTINUES TO CERTIFY HIS OR HER ONGOING RESIDENTIAL ELIGIBILITY ON A WEEKLY BASIS DURING THE PENDENCY OF PAYMENT OF SUCH BENEFITS. (C) THE CHAIR MAY ALSO BY REGULATION ESTABLISH REASONABLE PROCEDURES FOR DETERMINING PRO RATA BENEFITS PAYABLE WITH RESPECT TO PERIODS OF ELIGIBILITY OF LESS THAN ONE WEEK. (D) THE CHAIR, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE, SHALL ENSURE THAT ALL APPLICABLE FEDERAL, STATE, AND LOCAL INCOME TAXES ARE REMITTED PRIOR TO THE DISTRIBUTIONS OF BENEFITS TO THE EXCLUDED WORKER. 4. APPLICATION FOR BENEFITS. NOTWITHSTANDING ANYTHING IN THIS CHAPTER TO THE CONTRARY, EACH INDIVIDUAL ELIGIBLE FOR BENEFITS PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL MAKE APPLICATION TO THE CHAIR IN SUCH FORM AND AT SUCH TIME AS THE CHAIRPERSON MAY PRESCRIBE, WHICH APPLICATION SHALL ESTABLISH PROOF OF IDENTITY AND PROOF OF RESIDENCY WITHIN NEW YORK STATE AS FOLLOWS: (A) IN ORDER TO ESTABLISH IDENTITY, AN APPLICANT SHALL BE REQUIRED TO PRODUCE ONE OR MORE OF THE FOLLOWING DOCUMENTS: (I) A UNITED STATES OR FOREIGN PASSPORT; (II) A UNITED STATES STATE DRIVER'S LICENSE; (III) A UNITED STATES STATE IDENTIFICATION CARD; (IV) A UNITED STATES PERMANENT RESIDENT CARD; (V) A NEW YORK IDENTIFICATION CARD; (VI) AN IDNYC OR OTHER NEW YORK MUNICIPAL OR COUNTY IDENTIFICATION CARD; (VII) A STUDENT IDENTIFICATION CARD; (VIII) AN EMPLOYEE IDENTIFICATION CARD; (IX) A CONSULAR IDENTIFICATION CARD; S. 2506--B 116 (X) A PHOTO IDENTIFICATION CARD WITH NAME, ADDRESS, DATE OF BIRTH, AND EXPIRATION DATE ISSUED BY ANOTHER COUNTRY TO ITS CITIZENS OR NATIONALS AS AN ALTERNATIVE TO A PASSPORT FOR RE-ENTRY TO THE ISSUING COUNTRY; (XI) A CERTIFIED COPY OF UNITED STATES OR FOREIGN BIRTH CERTIFICATE; (XII) A SOCIAL SECURITY CARD; (XIII) A NATIONAL IDENTIFICATION CARD WITH PHOTO, NAME, ADDRESS, DATE OF BIRTH, AND EXPIRATION DATE; (XIV) A FOREIGN DRIVER'S LICENSE; (XV) A UNITED STATES OR FOREIGN MILITARY IDENTIFICATION CARD; (XVI) A CURRENT VISA ISSUED BY A GOVERNMENT AGENCY; (XVII) A UNITED STATES INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER AUTHORIZATION LETTER; (XVIII) AN ELECTRONIC BENEFIT TRANSFER CARD; OR (XIX) ANY OTHER DOCUMENTATION THAT THE CHAIR DEEMS ACCEPTABLE. (B) IN ORDER TO ESTABLISH RESIDENCY, AN APPLICANT SHALL BE REQUIRED TO PRODUCE ONE MORE OF THE FOLLOWING ITEMS EACH OF WHICH MUST SHOW THE APPLICANT'S NAME AND RESIDENTIAL ADDRESS LOCATED WITHIN THE STATE OF NEW YORK AND MUST BE DATED NO MORE THAN SIXTY DAYS PRIOR TO THE DATE SUCH DOCUMENT IS PRESENTED, EXCEPT AS OTHERWISE INDICATED IN THIS PARAGRAPH: (I) A UTILITY BILL; (II) A CURRENT RESIDENTIAL PROPERTY LEASE; (III) A LOCAL PROPERTY TAX STATEMENT DATED WITHIN ONE YEAR OF THE DATE IT IS SUBMITTED; (IV) A LOCAL REAL PROPERTY MORTGAGE PAYMENT RECEIPT; (V) A BANK ACCOUNT STATEMENT; (VI) PROOF THAT THE APPLICANT HAS A MINOR CHILD CURRENTLY ENROLLED IN A SCHOOL LOCATED WITHIN THE STATE; (VII) AN EMPLOYMENT PAY STUB; (VIII) A JURY SUMMONS OR COURT ORDER ISSUED BY A FEDERAL OR STATE COURT; (IX) A FEDERAL OR STATE INCOME TAX OR REFUND STATEMENT DATED WITHIN ONE YEAR OF THE DATE IT IS SUBMITTED; (X) A HOMEOWNER, RENTER, HEALTH, LIFE OR AUTOMOBILE INSURANCE BILL; (XI) WRITTEN VERIFICATION ISSUED BY A HOMELESS SHELTER THAT RECEIVES STATE OR MUNICIPAL FUNDING CONFIRMING AT LEAST FIFTEEN DAYS RESIDENCY; (XII) WRITTEN VERIFICATION ISSUED BY A HOSPITAL, HEALTH CLINIC, OR SOCIAL SERVICES AGENCY LOCATED WITHIN THE STATE OF NEW YORK CONFIRMING AT LEAST FIFTEEN DAYS RESIDENCY; OR (XIII) ANY OTHER DOCUMENTATION THAT THE CHAIR DEEMS ACCEPTABLE. (C) APPLICATION FORMS PRESCRIBED BY THE CHAIR SHALL NOT STATE (I) THE DOCUMENTS AN APPLICANT USED TO PROVE IDENTITY; (II) AN APPLICANT'S INEL- IGIBILITY FOR A SOCIAL SECURITY NUMBER, WHERE APPLICABLE; OR (III) AN APPLICANT'S CITIZENSHIP OR IMMIGRATION STATUS. (D) PROOF OF ELIGIBILITY MAY BE ESTABLISHED BY DOCUMENTATION OR, IN THE ABSENCE OF DOCUMENTATION, BY SELF-ATTESTATION IN A FORM AND MANNER THE CHAIRPERSON SHALL PRESCRIBE, PROVIDED THAT SUCH SELF-ATTESTATION SHALL BE A WRITTEN SWORN STATEMENT MADE UNDER PENALTY OF PERJURY. (E) APPLICANTS SHALL NOT BE REQUIRED TO PROVE THAT THEY ARE LAWFULLY PRESENT IN THE UNITED STATES. (F) APPLICANTS SHALL BE REQUIRED TO PROVIDE IDENTIFICATION FOR THE PURPOSES OF TAX REMITTANCE INCLUDING A UNITED STATES INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER (ITIN) OR ANY OTHER FORM OF VERIFICATION AUTHOR- IZED BY THE DEPARTMENT OF TAXATION AND FINANCE. APPLICANTS SHALL FURTHER BE REQUIRED TO SELF-CERTIFY IN A FORM AND MANNER THE CHAIR SHALL PRESCRIBE: S. 2506--B 117 (I) THAT THE APPLICANT MEETS THE DEFINITION OF EXCLUDED WORKER UNDER THIS ARTICLE; (II) THE PERIOD OF TIME WITHIN THE BENEFIT PERIOD THAT THEY WERE AN EXCLUDED WORKER AS DEFINED BY THIS ARTICLE; AND (III) THAT THE APPLICANT WAS OTHERWISE ABLE TO WORK AND AVAILABLE FOR WORK DURING THE BENEFIT PERIOD EXCEPT THAT THE INDIVIDUAL WAS UNEM- PLOYED, PARTIALLY UNEMPLOYED, UNABLE TO WORK, OR UNAVAILABLE TO WORK DURING SUCH PERIOD OF TIME WITHIN THE BENEFIT PERIOD. 5. RECORDS OF UNEMPLOYMENT PAYMENTS. PURSUANT TO THIS SECTION, THE COMMISSIONER OF LABOR SHALL ENSURE THAT THE DEPARTMENT OF LABOR PROVIDE ALL NECESSARY ACCESS TO THE RECORDS OF UNEMPLOYMENT PAYMENTS AND BENE- FITS PROVIDED TO ANY INDIVIDUAL APPLYING FOR BENEFITS UNDER THIS SECTION FOR PURPOSES OF DETERMINING WHETHER SUCH INDIVIDUAL IS OTHERWISE INELI- GIBLE DUE TO RECEIPT OF UNEMPLOYMENT BENEFITS. ALL INFORMATION SHALL BE PROVIDED TO THE CHAIR IN A MANNER OTHERWISE CONSISTENT WITH ARTICLE EIGHTEEN OF THE LABOR LAW. 6. REVIEW OF DENIED APPLICATION. ANY INDIVIDUAL CLAIMING BENEFITS UNDER THIS SECTION WHOSE CLAIM IS REJECTED IN WHOLE OR IN PART BY THE CHAIR SHALL BE ENTITLED TO REQUEST A REVIEW OF SUCH CLAIM. THE REVIEW SHALL BE CONDUCTED BY A SINGLE ARBITRATOR PROCESS, PURSUANT TO RULES PROMULGATED BY THE CHAIR, AND A DECISION ON REVIEW OF THE REJECTED CLAIM SHALL BE DECIDED PURSUANT TO SUCH SINGLE ARBITRATOR PROCESS. DECISIONS RENDERED UNDER THE SINGLE ARBITRATOR PROCESS SHALL BE CONCLUSIVE UPON THE PARTIES. 7. PENALTIES FOR FRAUDULENT PRACTICES. ANY APPLICANT OR CLAIMANT WHO, KNOWINGLY AND WITH INTENT TO DEFRAUD PRESENTS, CAUSES TO BE PRESENTED, OR PREPARES WITH KNOWLEDGE OR BELIEF THAT IT WILL BE PRESENTED TO OR BY THE CHAIR, OR ANY AGENT THEREOF, ANY WRITTEN STATEMENT AS PART OF, OR IN SUPPORT OF, AN APPLICATION FOR THE ISSUANCE OF OR CLAIM FOR PAYMENT FOR EXCLUDED WORKER BENEFITS, WHICH THE APPLICANT OR CLAIMANT KNOWS TO: (I) CONTAIN A FALSE STATEMENT OR REPRESENTATION CONCERNING ANY FACT MATERIAL THERETO; OR (II) OMITS ANY FACT MATERIAL THERETO, SHALL BE GUILTY OF A CLASS E FELONY. UPON CONVICTION, THE COURT IN ADDITION TO ANY OTHER AUTHORIZED SENTENCE, MAY ORDER FORFEITURE OF ALL RIGHTS TO COMPENSATION OR PAYMENTS OF ANY BENEFIT, AND MAY ALSO REQUIRE RESTITUTION OF ANY AMOUNT RECEIVED AS A RESULT OF A VIOLATION OF THIS SUBDIVISION. CONSISTENT WITH THE PROVISIONS OF THE CRIMINAL PROCEDURE LAW, IN ANY PROSECUTION ALLEGING A VIOLATION OF THIS SUBDIVISION IN WHICH THE ACT OR ACTS ALLEGED MAY ALSO CONSTITUTE A VIOLATION OF THE PENAL OR OTHER LAW, THE PROSECUTING OFFICIAL MAY CHARGE A PERSON PURSUANT TO THE PROVISIONS OF THIS SECTION AND IN THE SAME ACCUSATORY INSTRUMENT WITH A VIOLATION OF SUCH OTHER LAW. ANY PENALTY MONEYS SHALL BE DEPOSITED TO THE CREDIT OF THE GENERAL FUND OF THE STATE. THE ATTORNEY GENERAL MAY PROSECUTE EVERY PERSON CHARGED WITH THE COMMISSION OF A CRIMINAL OFFENSE IN VIOLATION OF THIS SECTION PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THIS CHAPTER. § 3. The workers' compensation law is amended by adding a new section 214-a to read as follows: § 214-A. SPECIAL FUND FOR EXCLUDED WORKERS. THERE IS HEREBY CREATED A FUND WHICH SHALL BE KNOWN AS THE SPECIAL FUND FOR EXCLUDED WORKERS, TO PROVIDE FOR THE PAYMENT OF BENEFITS UNDER SECTION TWO HUNDRED SEVEN-A OF THIS ARTICLE. 1. AN AMOUNT UP TO BUT NOT TO EXCEED TWO BILLION AND ONE HUNDRED MILLION DOLLARS SHALL BE MADE AVAILABLE BY APPROPRIATION AND SHALL BE DEPOSITED INTO THE SPECIAL FUND FOR EXCLUDED WORKERS. S. 2506--B 118 2. ALL FUNDS PROVIDED UNDER THE PROVISIONS OF THIS SECTION SHALL BE CREDITED TO THE FUND HEREIN ESTABLISHED AND DEPOSITED BY THE CHAIR FOR THE BENEFIT OF THE FUND. THE SUPERINTENDENT OF FINANCIAL SERVICES MAY EXAMINE INTO THE CONDITION OF THE FUND AT ANY TIME ON HIS OWN INITIATIVE OR UPON THE REQUEST OF THE CHAIR. 3. MONEYS OF THE FUND SHALL NOT BE USED IN WHOLE OR IN PART FOR ANY PURPOSE OR IN ANY MANNER WHICH (A) WOULD PERMIT ITS SUBSTITUTION FOR, OR A CORRESPONDING REDUCTION IN, FEDERAL FUNDS THAT WOULD BE AVAILABLE IN ITS ABSENCE TO FINANCE EXPENDITURES FOR THE ADMINISTRATION OF THIS ARTI- CLE; OR (B) WOULD CAUSE THE APPROPRIATE AGENCY OF THE UNITED STATES GOVERNMENT TO WITHHOLD ANY PART OF AN ADMINISTRATIVE GRANT WHICH WOULD OTHERWISE BE MADE. § 4. Subdivisions 1, 2 and 3 of section 151 of the workers' compen- sation law, subdivisions 1 and 2 as added by section 22 of part GG of chapter 57 of the laws of 2013, subdivision 3 as amended by section 1 of subpart J of part NNN of chapter 59 of the laws of 2017, are amended to read as follows: 1. The annual expenses necessary for the board to administer the provisions of this chapter, the volunteer ambulance workers' benefit law, the volunteer firefighters' benefit law, the disability benefits law, and the workmen's compensation act for civil defense volunteers shall be borne by affected employers securing compensation for their employees pursuant to section fifty of this chapter. The board shall collect such annual expenses from affected employers through assessments as provided by the provisions of this section, including for purposes of this subdivision: (a) the aggregate assessment amount described in subparagraph four of paragraph (h) of subdivision eight of section fifteen of this chapter for the special disability fund in accordance with each financing agreement described in such subparagraph, (b) the aggregate assessment amount described in section fifty-c of this chapter for the self-insurer offset fund in accordance with each financing agreement described in such section, (c) the assessment amount described in subdivision three of section twenty-five-a of this chapter for the fund for reopened cases [and], (d) the assessment amount described in section two hundred fourteen of this chapter for the special fund for disability benefits, AND (E) THE ASSESSMENT AMOUNT DESCRIBED IN SECTION TWO HUNDRED FOURTEEN-A OF THIS CHAPTER FOR THE SPECIAL FUND FOR EXCLUDED WORKERS; provided, that the foregoing and any other provision of this chapter to the contrary notwithstanding, assessment receipts shall be applied first to fully fund the amount described in subparagraph four of paragraph (h) of subdivision eight of section fifteen of this chapter and then to fully fund the amount described in section fifty-c of this chapter in accordance with each then applicable financing agreement pursuant to such provisions prior to application to any other purpose other than to pay any actual costs of collecting such assessment that are not otherwise funded. For purposes of this section, affected employ- er means all employers required to obtain workers' compensation coverage pursuant to this chapter. 2. [On the first day of November, two thousand thirteen, and annually thereafter, the chair shall establish an assessment rate for all affected employers in the state of New York in an amount expected to be sufficient to produce assessment receipts at least sufficient to fund all estimated annual expenses pursuant to subdivision one of this section except those expenses for which an assessment is authorized for self-insurance pursuant to subdivision five of section fifty of this chapter. Such rate shall be assessed effective the first of January of S. 2506--B 119 the succeeding year and shall be based upon a single methodology deter- mined by the chair; provided, however, that for assessments for the special fund for excluded workers under section two hundred fourteen-a of this chapter the chair shall establish assessment rates as follows: The chair may also establish an additional assessment rate, not to exceed thirty percent of annual premiums, for those affected employers who are in default in the payment of their compensation pursuant to subparagraph (b) of paragraph seven of subdivision three-a of section 50 of this chapter. Such additional assessment shall be collected and remitted to the chair consistent with subdivisions four and five of this section. The chair shall make available for public inspection an item- ized statement of the estimated annual expenses in the office of the board for thirty days immediately after the rate is established. 3.] The chair and department of audit and control annually as soon as practicable after the first of April of each year shall ascertain the actual total amount of expenses, including in addition to the direct costs of personal service, the cost of maintenance and operation, the cost of retirement contributions made and workers' compensation premiums paid by the state for or on account of personnel, rentals for space occupied in state owned or state leased buildings, such additional sum as may be certified to the chair and the department of audit and control as a reasonable compensation for services rendered by the department of law and expenses incurred by such department, for transfer into the training and educational program on occupational safety and health fund created pursuant to chapter eight hundred eighty-six of the laws of nineteen hundred eighty-five and section ninety-seven-c of the state finance law, for the New York state occupational health clinics network, for the department of labor occupational safety and health program and for transfer into the uninsured employers' fund pursuant to subdivision two of section twenty-six-a of this chapter, and all other direct or indirect costs, incurred by the board in connection with the adminis- tration of this chapter, except those expenses for which an assessment is authorized for self-insurance pursuant to subdivision five of section fifty of this chapter. Assessments pursuant to subparagraph four of paragraph (h) of subdivision eight of section fifteen of this chapter for the special disability fund, pursuant to section fifty-c of this chapter for the self insurer offset fund, pursuant to subdivision three of section twenty-five-a of this chapter for the fund for reopened cases, [and] pursuant to section two hundred fourteen of this chapter for the special fund for disability benefits, AND PURSUANT TO SECTION TWO HUNDRED FOURTEEN-A OF THIS CHAPTER FOR THE SPECIAL FUND FOR EXCLUDED WORKERS, shall be included in the total amount of expenses for the purposes of this subdivision. Any overpayment of annual assessments resulting from the requirements of this subdivision shall be applied as a credit against the future assessment rate provided the fund balance shall not be reduced below five percent of the total amount assessed. § 5. The workers' compensation law is amended by adding a new section 110-aa to read as follows: § 110-AA. CONFIDENTIALITY OF EXCLUDED WORKERS' RECORDS. 1. RESTRICTIONS ON DISCLOSURE. (A) EXCEPT WHERE NECESSARY TO COMPLY WITH A LAWFUL COURT ORDER, JUDICIAL WARRANT SIGNED BY A JUDGE APPOINTED PURSU- ANT TO ARTICLE III OF THE UNITED STATES CONSTITUTION, OR SUBPOENA FOR INDIVIDUAL RECORDS ISSUED PURSUANT TO THE CRIMINAL PROCEDURE LAW OR THE CIVIL PRACTICE LAW AND RULES, OR IN ACCORDANCE WITH SUBDIVISION TWO OR THREE OF THIS SECTION, NO RECORD OR PORTION THEREOF RELATING TO A CLAIM- ANT OR WORKER WHO HAS FILED A CLAIM FOR BENEFITS PURSUANT TO SECTION TWO S. 2506--B 120 HUNDRED SEVEN-A OF THIS CHAPTER IS A PUBLIC RECORD AND NO SUCH RECORD SHALL BE DISCLOSED, REDISCLOSED, RELEASED, DISSEMINATED OR OTHERWISE PUBLISHED OR MADE AVAILABLE. (B) FOR PURPOSES OF THIS SECTION: (I) "RECORD" MEANS A CLAIM FILE, A FILE REGARDING A COMPLAINT OR CIRCUMSTANCES FOR WHICH NO CLAIM HAS BEEN MADE, AND/OR ANY RECORDS MAIN- TAINED BY THE BOARD IN ELECTRONIC DATABASES IN WHICH INDIVIDUAL CLAIM- ANTS OR WORKERS ARE IDENTIFIABLE, OR ANY OTHER INFORMATION RELATING TO ANY PERSON WHO HAS HERETOFORE OR HEREAFTER FILED A CLAIM FOR BENEFITS PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THIS CHAPTER, INCLUDING A COPY OR ORAL DESCRIPTION OF A RECORD WHICH IS OR WAS IN THE POSSESSION OR CUSTODY OF THE BOARD, ITS OFFICERS, MEMBERS, EMPLOYEES OR AGENTS. (II) "PERSON" MEANS ANY NATURAL PERSON, CORPORATION, ASSOCIATION, PARTNERSHIP, OR OTHER PUBLIC OR PRIVATE ENTITY. (III) "INDIVIDUALLY IDENTIFIABLE INFORMATION" MEANS ANY DATA CONCERN- ING ANY CLAIM OR POTENTIAL CLAIM THAT IS LINKED TO AN IDENTIFIABLE WORK- ER OR OTHER NATURAL PERSON, INCLUDING BUT NOT LIMITED TO A PHOTO IMAGE, SOCIAL SECURITY NUMBER OR TAX IDENTIFICATION NUMBER, TELEPHONE NUMBER, PLACE OF BIRTH, COUNTRY OF ORIGIN, PLACE OF EMPLOYMENT, SCHOOL OR EDUCA- TIONAL INSTITUTION ATTENDED, SOURCE OF INCOME, STATUS AS A RECIPIENT OF PUBLIC BENEFITS, A CUSTOMER IDENTIFICATION NUMBER ASSOCIATED WITH A PUBLIC UTILITIES ACCOUNT, OR MEDICAL OR DISABILITY INFORMATION. 2. AUTHORIZED DISCLOSURE. RECORDS WHICH CONTAIN INDIVIDUALLY IDENTIFI- ABLE INFORMATION MAY, UNLESS OTHERWISE PROHIBITED BY LAW, BE DISCLOSED TO: (A) THOSE OFFICERS, MEMBERS AND EMPLOYEES OF THE BOARD IF SUCH DISCLO- SURE IS NECESSARY TO THE PERFORMANCE OF THEIR OFFICIAL DUTIES PURSUANT TO A PURPOSE OF THE BOARD REQUIRED TO BE ACCOMPLISHED BY STATUTE OR EXECUTIVE ORDER OR OTHERWISE NECESSARY TO ACT UPON AN APPLICATION FOR BENEFITS SUBMITTED BY THE PERSON WHO IS THE SUBJECT OF THE PARTICULAR RECORD; (B) OFFICERS OR EMPLOYEES OF ANOTHER GOVERNMENTAL UNIT, OR AGENTS AND/OR CONTRACTORS OF THE GOVERNMENTAL UNIT AT THE REQUEST AND/OR DIREC- TION OF THE GOVERNMENTAL UNIT, IF THE INFORMATION SOUGHT TO BE DISCLOSED IS NECESSARY TO ACT UPON AN APPLICATION FOR BENEFITS SUBMITTED BY THE PERSON WHO IS THE SUBJECT OF THE PARTICULAR RECORD; (C) A JUDICIAL OR ADMINISTRATIVE OFFICER OR EMPLOYEE IN CONNECTION WITH AN ADMINISTRATIVE OR JUDICIAL PROCEEDING IF THE INFORMATION SOUGHT TO BE DISCLOSED IS NECESSARY TO ACT UPON AN APPLICATION FOR BENEFITS SUBMITTED BY THE PERSON WHO IS THE SUBJECT OF THE PARTICULAR RECORD; AND (D) A PERSON ENGAGED IN BONA FIDE STATISTICAL RESEARCH, INCLUDING BUT NOT LIMITED TO ACTUARIAL STUDIES AND HEALTH AND SAFETY INVESTIGATIONS, WHICH ARE AUTHORIZED BY STATUTE OR REGULATION OF THE BOARD OR OTHER GOVERNMENTAL AGENCY. INDIVIDUALLY IDENTIFIABLE INFORMATION SHALL NOT BE DISCLOSED UNLESS THE RESEARCHER HAS ENTERED INTO AN AGREEMENT NOT TO DISCLOSE ANY INDIVIDUALLY IDENTIFIABLE INFORMATION WHICH CONTAINS RESTRICTIONS NO LESS RESTRICTIVE THAN THE RESTRICTIONS SET FORTH IN THIS SECTION AND WHICH INCLUDES AN AGREEMENT THAT ANY RESEARCH FINDINGS WILL NOT DISCLOSE INDIVIDUALLY IDENTIFIABLE INFORMATION. 3. INDIVIDUAL AUTHORIZATION. NOTWITHSTANDING THE RESTRICTIONS ON DISCLOSURE SET FORTH UNDER SUBDIVISION ONE OF THIS SECTION, A PERSON WHO IS THE SUBJECT OF A WORKERS' COMPENSATION RECORD MAY AUTHORIZE THE RELEASE, RE-RELEASE OR PUBLICATION OF HIS OR HER RECORD TO A SPECIFIC PERSON NOT OTHERWISE AUTHORIZED TO RECEIVE SUCH RECORD, BY SUBMITTING WRITTEN AUTHORIZATION FOR SUCH RELEASE TO THE BOARD ON A FORM PRESCRIBED BY THE CHAIR OR BY A NOTARIZED ORIGINAL AUTHORIZATION SPECIFICALLY S. 2506--B 121 DIRECTING THE BOARD TO RELEASE WORKERS' COMPENSATION RECORDS TO SUCH PERSON. HOWEVER, IN ACCORDANCE WITH SECTION ONE HUNDRED TWENTY-FIVE OF THIS ARTICLE, NO SUCH AUTHORIZATION DIRECTING DISCLOSURE OF RECORDS TO A PROSPECTIVE EMPLOYER SHALL BE VALID; NOR SHALL AN AUTHORIZATION PERMIT- TING DISCLOSURE OF RECORDS IN CONNECTION WITH ASSESSING FITNESS OR CAPA- BILITY FOR EMPLOYMENT BE VALID, AND NO DISCLOSURE OF RECORDS SHALL BE MADE PURSUANT THERETO. IT SHALL BE UNLAWFUL FOR ANY PERSON TO CONSIDER FOR THE PURPOSE OF ASSESSING ELIGIBILITY FOR A BENEFIT, OR AS THE BASIS FOR AN EMPLOYMENT-RELATED ACTION, AN INDIVIDUAL'S FAILURE TO PROVIDE AUTHORIZATION UNDER THIS SUBDIVISION. 4. FOR THE PURPOSES OF THIS SECTION, WHENEVER DISCLOSURE OF RECORDS IS SOUGHT PURSUANT TO A LAWFUL COURT ORDER, JUDICIAL WARRANT, OR SUBPOENA FOR INDIVIDUAL RECORDS PROPERLY ISSUED PURSUANT TO THE CRIMINAL PROCE- DURE LAW OR THE CIVIL PRACTICE LAW AND RULES OR PURSUANT TO SUBDIVISION TWO OR THREE OF THIS SECTION, ONLY THOSE RECORDS, DOCUMENTS, AND INFOR- MATION SPECIFICALLY SOUGHT MAY BE DISCLOSED, AND ANY SUCH DISCLOSURE SHALL BE LIMITED TO SUCH RECORDS AS ARE NECESSARY TO FULFILL THE PURPOSE OF SUCH DISCLOSURE. 5. THE CHAIR SHALL REQUIRE ANY PERSON OR ENTITY THAT RECEIVES OR HAS ACCESS TO RECORDS TO CERTIFY TO THE CHAIR THAT, BEFORE SUCH RECEIPT OR ACCESS, SUCH PERSON OR ENTITY SHALL NOT: (A) USE SUCH RECORDS OR INFORMATION FOR CIVIL IMMIGRATION PURPOSES; OR (B) DISCLOSE SUCH RECORDS OR INFORMATION TO ANY AGENCY THAT PRIMARILY ENFORCES IMMIGRATION LAW OR TO ANY EMPLOYEE OR AGENT OF ANY SUCH AGENCY UNLESS SUCH DISCLOSURE IS PURSUANT TO A COOPERATIVE ARRANGEMENT BETWEEN CITY, STATE AND FEDERAL AGENCIES WHICH ARRANGEMENT DOES NOT ENFORCE IMMIGRATION LAW AND WHICH DISCLOSURE IS LIMITED TO THE SPECIFIC RECORDS OR INFORMATION BEING SOUGHT PURSUANT TO SUCH ARRANGEMENT. VIOLATION OF SUCH CERTIFICATION SHALL BE A CLASS A MISDEMEANOR. IN ADDITION TO ANY RECORDS REQUIRED TO BE KEPT PURSUANT TO SUBDIVISION (C) OF SECTION 2721 OF TITLE 18 OF THE UNITED STATES CODE, ANY PERSON OR ENTITY CERTIFYING PURSUANT TO THIS PARAGRAPH SHALL KEEP FOR A PERIOD OF FIVE YEARS RECORDS OF ALL USES AND IDENTIFYING EACH PERSON OR ENTITY THAT PRIMARILY ENFORCES IMMIGRATION LAW THAT RECEIVED DEPARTMENT RECORDS OR INFORMATION FROM SUCH CERTIFYING PERSON OR ENTITY. SUCH RECORDS SHALL BE MAINTAINED IN A MANNER AND FORM PRESCRIBED BY THE CHAIR AND SHALL BE AVAILABLE FOR INSPECTION BY THE CHAIR OR HIS OR HER DESIGNEE UPON HIS OR HER REQUEST. (C) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "AGENCY THAT PRIMARILY ENFORCES IMMIGRATION LAW" SHALL INCLUDE, BUT NOT BE LIMITED TO, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AND UNITED STATES CUSTOMS AND BORDER PROTECTION, AND ANY SUCCESSOR AGENCIES HAVING SIMILAR DUTIES. (D) FAILURE TO MAINTAIN RECORDS AS REQUIRED BY THIS SUBDIVISION SHALL BE A CLASS A MISDEMEANOR. 6. EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, ANY PERSON WHO KNOW- INGLY AND WILLFULLY OBTAINS RECORDS WHICH CONTAIN INDIVIDUALLY IDENTIFI- ABLE INFORMATION UNDER FALSE PRETENSES OR OTHERWISE VIOLATES THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY. 7. IN ADDITION TO OR IN LIEU OF ANY CRIMINAL PROCEEDING AVAILABLE UNDER THIS SECTION, WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDIC- TION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFAC- TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, S. 2506--B 122 ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION, AND NOT MORE THAN ONE THOUSAND DOLLARS FOR THE SECOND OR SUBSEQUENT VIOLATION WITHIN A THREE YEAR PERIOD. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. § 6. This act shall take effect immediately. PART NN Section 1. Section 106 of the social services law, as amended by section 1 of part S of chapter 56 of the laws of 2014, is amended to read as follows: § 106. Powers of social services official to receive and dispose of a deed, mortgage, or lien. 1. A social services official responsible, by or pursuant to any provision of this chapter, for the administration of assistance [or care] granted or applied for [may] SHALL NOT accept a deed of real property and/or a mortgage thereon on behalf of the social services district for the assistance [and care] of a person at public expense [but such property shall not be considered as public property and shall remain on the tax rolls and such deed or mortgage shall be subject to redemption as provided in paragraph (a) of subdivision six hereof]. 2. [A social services official may not assert any claim under any provision of this section to recover] (A) NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, IF, PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS SECTION, A SOCIAL SERVICES OFFICIAL ACCEPTED A DEED OF REAL PROPERTY AND/OR A MORTGAGE ON BEHALF OF THE SOCIAL SERVICES DISTRICT FOR THE ASSISTANCE OF A PERSON AT PUBLIC EXPENSE, SUCH SOCIAL SERVICES OFFICIAL SHALL NOT ASSERT ANY CLAIM UNDER ANY PROVISION OF THIS SECTION TO RECOVER: (1) payments made as part of Supplemental Nutrition Assistance Program (SNAP), child care services, Emergency Assistance to Adults or the Home Energy Assistance Program (HEAP)[. 3. A social services official may not assert any claim under any provision of this section to recover]; (2) payments of public assistance if such payments were reimbursed by child support collections[. 4. A social services official may not assert any claim under any provision of this section to recover]; (3) payments of public assistance unless, before [it has accepted] a deed or mortgage WAS ACCEPTED from an applicant or recipient, [it has] THE OFFICIAL first received a signed acknowledgment from the applicant or recipient acknowledging that: [(a)] A. benefits provided as part of Supplemental Nutrition Assist- ance Program (SNAP), child care services, Emergency Assistance to Adults or the Home Energy Assistance Program (HEAP) may not be included as part of the recovery to be made under the mortgage or lien; and S. 2506--B 123 [(b)] B. if the applicant or recipient declines to provide the lien or mortgage the children in the household SHALL remain eligible for public assistance. [5. (a)] (B) SUCH PROPERTY SHALL NOT BE CONSIDERED PUBLIC PROPERTY AND SHALL REMAIN ON THE TAX ROLLS AND SUCH DEED OR MORTGAGE SHALL BE SUBJECT TO REDEMPTION AS PROVIDED IN SUBPARAGRAPH ONE OF PARAGRAPH (D) OF THIS SUBDIVISION. (C) (1) Until a deed, mortgage, or lien, accepted prior to [or after] the effective date of this [act,] SECTION is satisfied or otherwise disposed of, the social services district shall issue and mail to the last known address of the person [giving] WHO GAVE such deed or mort- gage, or his or her estate or those entitled thereto, a biennial accounting of the public assistance incurred and repairs and taxes paid on property. The social services district shall provide such accounting no later than February first, two thousand sixteen and biennially there- after. [(b)] (2) Such accounting shall include information regarding the debt owed as of the end of the district's most recent fiscal year including, but not limited to: [(1)] A. an enumeration of all public assistance incurred by the person [giving] WHO GAVE such deed or mortgage or his or her household to date; [(2)] B. the current amount of recoverable public assistance under the deed or mortgage; [(3)] C. the amount of any credits against public assistance including but not limited to: [A.] (I) the amount of child support collected and retained by the social services district as reimbursement for public assistance; [B.] (II) recoveries made under section one hundred four of this title; [C.] (III) recoveries made under section one hundred thirty-one-r of this chapter. [(4)] D. Said accounting shall also provide information regarding the manner in which payments may be made to the social services district to reduce the amount of the mortgage or lien. [(c)] (3) In the event that a biennial accounting is not issued and mailed to the last known address of the person [giving] WHO GAVE such deed or mortgage or his or her estate or those entitled thereto, within the time period required in [paragraph (a) of this subdivision] SUBPARA- GRAPH ONE OF THIS PARAGRAPH, no public assistance shall be recoverable under this section for the previous two fiscal years. In the event that a biennial accounting is not issued and mailed to the last known address of the person [giving] WHO GAVE such deed or mortgage or his or her estate or those entitled thereto, within the time period required in [paragraph (a) of this subdivision] SUBPARAGRAPH ONE OF THIS PARAGRAPH, and such person has received no recoverable public assistance in the district's most recent fiscal year, no public assistance shall be recov- erable under this section for the most recent two fiscal years where public assistance remains recoverable. [6. (a) (1)] (D) (1) A. Until such property or mortgage is sold, assigned or foreclosed pursuant to law by the social services official, the person [giving] WHO GAVE such deed or mortgage, or his OR HER estate or those entitled thereto, may redeem the same by the payment of all expenses incurred for the support of the person, and for repairs and taxes paid on such property, provided, however, that a social services official may enter into a contract for such redemption, subject to the S. 2506--B 124 provisions of this [paragraph] SUBPARAGRAPH, and containing such terms and conditions, including provisions for periodic payments, without interest, for an amount less than the full expenses incurred for the support of the person and for repairs and taxes paid on such property (hereinafter called a "lesser sum"), which lesser sum shall in no event be less than the difference between the appraised value of such property and the total of the then unpaid principal balance of any recorded mort- gages and the unpaid balance of sums secured by other liens against such property. [(2)] B. In the case of a redemption for a lesser sum, the social services official shall obtain (i) an appraisal of the current market value of such property, by an appraiser acceptable to both parties, and (ii) a statement of the principal balance of any recorded mortgages or other liens against such property (excluding the debt secured by the deed, mortgage or lien of the social services official). Any expenses incurred pursuant to this [paragraph] SUBPARAGRAPH shall be audited and allowed in the same manner as other official expenses. [(3)] C. Every redemption contract for any lesser sum shall be approved by the department upon an application by the social services official containing the appraisal and statement required by [subpara- graph two] CLAUSE B OF THIS SUBPARAGRAPH, a statement by the social services official of his OR HER reasons for entering into the contract for such lesser sum and any other information required by regulations of the department. [(4)] D. So long as the terms of the approved redemption contract are performed, no public sale of such property shall be held. [(5)] E. The redemption for a lesser sum shall reduce the claim of the social services official against the recipient on the implied contract under section one hundred four of this [chapter] TITLE or under any other law, to the extent of all sums paid in redemption. [(b)] (2) In order to allow a minimum period for redemption, the social services official shall not sell the property or mortgage until after the expiration of one year from the date he OR SHE received the deed or mortgage, but if unoccupied property has not been redeemed with- in six months from the date of death of the person who conveyed it to him OR HER by deed the social services official may thereafter, and before the expiration of such year, sell the property. [(c)] (3) Except as otherwise provided in this chapter, upon the death of the person or his OR HER receiving institutional care, if the mort- gage has not been redeemed, sold or assigned, the social services offi- cial may enforce collection of the mortgage debt in the manner provided for the foreclosure of mortgages by action. [(d)](4) Provided the department shall have given its approval in writing, the social services official may, when in his OR HER judgment it is advisable and in the public interest, release a part of the prop- erty from the lien of the mortgage to permit, and in consideration of, the sale of such part by the owner and the application of the proceeds to reduce said mortgage or to satisfy and discharge or reduce a prior or superior mortgage. [(e)](5) While real property covered by a deed or mortgage is occu- pied, in whole or in part, by an aged, blind or disabled person who executed such deed or mortgage to the social services official for old age assistance, assistance to the blind or aid to the disabled granted to such person before January first, nineteen hundred seventy-four, the social services official shall not sell the property or assign or enforce the mortgage unless it appears reasonably certain that the sale S. 2506--B 125 or other disposition of the property will not materially adversely affect the welfare of such person. After the death of such person no claim for assistance granted him OR HER shall be enforced against any real property while it is occupied by the surviving spouse. [(f)](6) Except as otherwise provided, upon the death of a person who executed a lien to the social services official in return for old age assistance, assistance to the blind or aid to the disabled granted prior to January first, nineteen hundred seventy-four, or before the death of such person if it appears reasonably certain that the sale or other disposition of the property will not materially adversely affect the welfare of such person, the social services official may enforce such lien in the manner provided by article three of the lien law. After the death of such person the lien may not be enforced against real property while it is occupied by the surviving spouse. [7.](E) The sale of any parcel of real property or mortgage on real property by the social services official, under the provisions of this section, shall be made at a public sale, held at least two weeks after notice thereof shall have been published in a newspaper having a general circulation in that section of the county in which the real property is located. Such notice shall specify the time and place of such public sale and shall contain a brief description of the premises to be sold, or upon which the mortgage is a lien, as the case may be. Unless in the judgment of the social services official, it shall be in the public interest to reject all bids, such parcel or mortgage shall be sold to the highest responsible bidder. [8.](F) It is permissible for social services officials to subordinate a mortgage taken on behalf of the social services district pursuant to this section. In the event that a social services official determines to subordinate a mortgage, or lien, he or she shall do so within thirty days of receipt of written notice that the mortgagor is attempting to modify their mortgage that is held by a mortgagee with superior lien rights and subordination of the social services district's mortgage is required by such mortgagee in order for it to approve or complete the modification. § 2. Section 360 of the social services law, as added by chapter 722 of the laws of 1951, subdivisions 1 and 3 as amended by section 92 of part B of chapter 436 of the laws of 1997, subdivision 2 as amended by chapter 909 of the laws of 1974, and subdivision 4 as amended by chapter 803 of the laws of 1959, is amended to read as follows: § 360. Real property of legally responsible relatives[; deeds and mortgages may be required]. [1.] The ownership of real property by an applicant or applicants, recipient or recipients who is or are legally responsible relatives of the child or children for whose benefit the application is made or the aid is granted, whether such ownership be individual or joint as tenants in common, tenants by the entirety or joint tenants, shall not preclude the granting of family assistance or the continuance thereof if he or they are without the necessary funds to maintain himself, herself or themselves and such child or children. [The social services official may, however, require, as a condition to the granting of aid or the continuance thereof, that he or she be given a deed of or a mortgage on such property in accordance with the provisions of section one hundred six. 2. However, while the property covered by the deed or mortgage is occupied, in whole or in part, by the responsible relative who gave such deed or mortgage to the social services official or, by a child for whose benefit the aid was granted the social services official shall not S. 2506--B 126 sell the property or assign or enforce the mortgage without the written consent of the department; and, when the property is occupied by such child, such consent shall not be given unless it appears reasonably certain that the sale or other disposition of the property will not materially adversely affect the welfare of such child. 3. The net amount recovered by the social services department from such property, less any expenditures approved by the department for the burial of the relative or the child who dies while in receipt of aid under this title, shall be used to repay the social services district, the state and the federal government their proportionate share of the cost of family assistance granted. The state and federal share shall be paid by the social services district to the state and the manner and amount of such payment shall be determined in accordance with the regu- lations of the department. 4. If any balance remains it shall belong to the estate of the legal- ly responsible relative or relatives and the public welfare district shall forthwith credit the same accordingly, and, provided they claim it within four years thereafter, pay it to the persons entitled thereto. If not so claimed within four years it shall be deemed abandoned proper- ty and be paid to the state comptroller pursuant to section thirteen hundred five of the abandoned property law. 5. The proceeds or moneys due the United States shall be paid or reported in such manner and at such times as the federal security agency or other authorized federal agency may direct.] § 3. This act shall take effect on the first of April next succeeding the date on which it shall have become a law. PART OO Section 1. Subdivision (h) of section 4 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooper- ative school reconstruction act", as amended by chapter 459 of the laws of 2013, is amended to read as follows: (h) "Project" shall mean work at an existing school building site that involves the design, reconstruction, or rehabilitation of an existing school building for its continued use as a school of the city school district, which may include an addition to an existing school building for such continued use at a cost, for such addition, of, for projects identified in subdivision (a) of section five of this act, no more than nine million dollars, and, for projects identified in subdivision (b) AND (C) of section five of this act, no more than twenty million dollars, and which also may include (1) the construction or recon- struction of athletic fields, playgrounds, and other recreational facil- ities for such existing school building, and/or (2) the acquisition and installation of all equipment necessary and attendant to and for the use of such existing school building and/or the acquisition of additional real property necessary for the project. § 2. Section 5 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act", as amended by chapter 9 of the laws of 2014, is amended to read as follows: § 5. (a) No more than seven projects, one each at the Central High School, the Blodgett School, the Shea Middle School, the H.W. Smith Elementary School, the Clary Middle School, the Dr. Weeks Elementary S. 2506--B 127 School and the Fowler High School, up to a total cost of two hundred twenty-five million dollars; and (b) no more than twenty projects which shall be located at the Bellevue Elementary School, the Clary Middle School, the Corcoran High School, the Danforth Middle School, the Edward Smith K-8 School, the Expeditionary Learning Middle School, the Fowler High School, the Frazer K-8 School, the Grant Middle School, the Grey- stone Building, the Henninger High School, the Huntington K-8 School, the Nottingham High School, the Shea Middle School and the Westside Academy at Blodgett, up to a total cost of three hundred million dollars; AND (C) NO MORE THAN 10 PROJECTS, WHICH SHALL BE LOCATED AT THE STEM AT BLODGETT MIDDLE SCHOOL, THE CORCORAN HIGH SCHOOL, THE DELAWARE PRIMARY SCHOOL, THE HENNINGER HIGH SCHOOL, THE SYRACUSE LATIN SCHOOL, THE LINCOLN MIDDLE SCHOOL, THE NOTTINGHAM HIGH SCHOOL, THE ROBERTS PREK-8 SCHOOL, THE SEYMOUR DUAL LANGUAGE ACADEMY AND THE WEBSTER ELEMEN- TARY SCHOOL, UP TO A TOTAL COST OF THREE HUNDRED MILLION DOLLARS, shall be authorized and undertaken pursuant to this act, unless otherwise authorized by law. § 3. Sections 6 and 7 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school recon- struction act", as amended by chapter 459 of the laws of 2013, are amended to read as follows: § 6. (1) Before formal selection of the projects identified in subdi- vision (a) of section five of this act occurs, the JSC board shall develop a comprehensive plan recommending and outlining the projects it proposes to be potentially undertaken pursuant to this act. Such plan shall include: (a) an estimate of total costs to be financed, proposed financing plan, proposed method of financing, terms and conditions of the financing, estimated financing costs, and, if city general obli- gation bonds or notes are not proposed as the method of financing, a comparison of financing costs between such bonds or notes and the proposed method of financing. The plan should also address what specific options would be used to ensure that sufficient resources exist to cover the local share of any such project cost on an annual basis; (b) infor- mation concerning the potential persons to be involved in the financing and such person's role and responsibilities; (c) estimates on the design, reconstruction and rehabilitation costs by project, any adminis- trative costs for potential projects, and an outline of the time-frame expected for completion of each potential project; (d) a detailed description of the request for proposals process and an outline of the criteria to be used for selection of the program manager and all contractors; (e) any proposed amendments to the city school district's five year capital facilities plan submitted in accordance with subdivi- sion 6 of section 3602 of the education law and the regulations of the commissioner; and (f) a diversity plan, in compliance with subdivision (b) of section eight of this act, to develop diversity goals, including appropriate community input and public discussion, and develop strate- gies that would create and coordinate any efforts to ensure a more diverse workforce for the projects. The diversity plan should address accountability for attainment of the diversity goals, what forms of monitoring would be used, and how such information would be publicly communicated. Prior to the development of the comprehensive plan, the JSC board shall hold as many public hearings as may be necessary to ensure suffi- cient public input and allow for significant public discussion on the S. 2506--B 128 school building needs in such city, with at least one hearing to be held in each neighborhood potentially impacted by a proposed project. The JSC board shall submit the components of such comprehensive plan outlined in paragraph (a) of subdivision one of this section to the comptroller, along with any other information requested by the comp- troller, for his or her review and approval. (2) Before formal selection of the projects pursuant to subdivision (b) AND (C) of section five of this act occurs, the city school district shall provide to the JSC board a comprehensive draft plan recommending and outlining the projects it proposes to be potentially undertaken pursuant to this act. Such plan will be subject to the review and approval of the JSC board and shall include: (a) an estimate of total costs to be financed, proposed financing plan, proposed method of financing, terms and conditions of the financing, estimated financing costs, and, if city general obligation bonds or notes are not proposed as the method of financing, a comparison of financing costs between such bonds or notes and the proposed method of financing. The plan should also address what specific options would be used to ensure that suffi- cient resources exist to cover the local share of any such project cost on an annual basis; (b) information concerning the potential persons to be involved in the financing and such person's role and responsibil- ities; (c) estimates on the design, reconstruction and rehabilitation costs by project, any administrative costs for potential projects, and an outline of the time-frame expected for completion of each potential project; (d) a detailed description of the request for proposals process and an outline of the criteria to be used for selection of the program manager and all contractors; (e) any proposed amendments to the city school district's five year capital facilities plan submitted in accord- ance with subdivision 6 of section 3602 of the education law and the regulations of the commissioner; and (f) a diversity plan, in compliance with subdivision (b) of section eight of this act, to develop diversity goals, including appropriate community input and public discussion, and develop strategies that would create and coordinate any efforts to ensure a more diverse workforce for the projects. The diversity plan should address accountability for attainment of the diversity goals, what forms of monitoring would be used, and how such information would be publicly communicated. As part of the development of the comprehensive plan, the school district shall hold as many public hearings as may be necessary to ensure sufficient public input and allow for significant public discussion on the school building needs in such city, with at least one hearing to be held in each neighborhood potentially impacted by a proposed project. The JSC board shall submit the components of such comprehensive plan outlined in paragraph (a) of subdivision two of this section to the comptroller, along with any other information requested by the comp- troller, for his or her review and approval. § 7. (a) Notwithstanding any general, special or local law to the contrary and upon approval by the comptroller pursuant to section six of this act, the city school district may select projects, pursuant to subdivision (a) of section five of this act to be undertaken pursuant to this act, as provided for in such approved comprehensive plan. After the city school district has selected a new project and plans and specifica- tions for such project have been prepared and approved by the city school district, which are consistent with the approved comprehensive plan, the city school district shall deliver such plans and specifica- S. 2506--B 129 tions to the city, for approval by such city, acting through the common council, and after the common council has approved such plans and spec- ifications, the city shall deliver them to the commissioner for his or her approval. After approval by the commissioner, the plans and spec- ifications shall be returned to the city school district and such district shall then deliver them to the JSC board. All such specifica- tions shall detail the number of students the completed project is intended to serve, the site description, the types of subjects to be taught, the types of activities for school, recreational, social, safe- ty, or other purposes intended to be incorporated in the school building or on its site and such other information as the city school district, the city, the common council, and the commissioner shall deem necessary or advisable. (b) Notwithstanding any general, special or local law to the contrary and upon approval by the comptroller pursuant to section six of this act, the city school district may select projects, pursuant to subdivi- sion (b) AND (C) of section five of this act to be undertaken pursuant to this act, as provided for in such approved comprehensive plan. After the city school district has selected a new project and plans and spec- ifications for such project have been prepared and approved by the city school district in consultation with the city engineer, which are consistent with the approved comprehensive plan, the city school district shall deliver such plans and specifications to the commissioner for his or her approval. After approval by the commissioner, the plans and specifications shall be delivered to the JSC board. All such spec- ifications shall detail the number of students the completed project is intended to serve, the site description, the types of subjects to be taught, the types of activities for school, recreational, social, safe- ty, or other purposes intended to be incorporated in the school building or on its site and such other information as the city school district, the city engineer, and the commissioner shall deem necessary or advis- able. (c) Notwithstanding any other provision of law to the contrary, if the total project cost associated with the projects authorized pursuant to subdivision (b) AND (C) of section five of this act exceeds the esti- mated total project cost of 300 million dollars, then the JSC board shall report such information, along with explanatory documentation regarding the increase in cost, to the governor, the New York state comptroller, the commissioner, the temporary president of the senate and the speaker of the assembly. (d) Notwithstanding any other provision of law to the contrary, the JSC board shall submit estimated project costs for the projects author- ized pursuant to subdivision (b) AND (C) of section five of this act after the completion of schematic plans and specifications for review by the commissioner. If the total project costs associated with such projects exceed the sum of the estimated individual approved cost allow- ance of each building project by more than the lesser of 30 million dollars or ten percent of the approved costs, and the city school district has not otherwise demonstrated to the satisfaction of the New York state education department the availability of additional local shares for such excess costs, then the JSC board shall not proceed with the preparation of final plans and specifications for such projects until the projects have been redesigned or value-engineered to reduce estimated project costs so as not to exceed the above cost limits. (e) Notwithstanding any other provision of law to the contrary, the JSC board shall submit estimated project costs for the projects author- S. 2506--B 130 ized pursuant to subdivision (b) AND (C) of section five of this act after the completion of fifty percent of the final plans and specifica- tions for review by the commissioner. If the total project costs associ- ated with such projects exceed the sum of the estimated individual approved cost allowance of each building project by more than the lesser of 30 million dollars or ten percent of the approved costs, and the city school district has not otherwise demonstrated to the satisfaction of the New York state education department the availability of additional local share for such excess costs, then the JSC board shall not proceed with the completion of the remaining fifty percent of the plans and specifications for such projects until the projects have been redesigned or value-engineered to reduce estimated project costs so as not to exceed the above cost limits. § 4. Subdivision (a) of section 10 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act", as amended by chapter 459 of the laws of 2013, are amended to read as follows: (a) The JSC board may require a contractor awarded a public contract, subcontract or other agreement for a project to enter into a project labor agreement during and for the work involved with such project when such requirement is part of the JSC board's specifications for the project and when the JSC board determines that the record supporting the decision to enter into such an agreement establishes that it is justi- fied by the interests underlying the competitive bidding laws. In addi- tion, the JSC board may choose to extend the project labor agreement entered into for the first OR SECOND phase of the JSC construction projects to the projects authorized herein, contingent upon the completion of a supplemental project labor agreement benefits analysis. § 5. Section 11 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act", as amended by chapter 459 of the laws of 2013, is amended to read as follows: § 11. (a) All contracts entered into by the JSC board for projects pursuant to subdivision (a) of section five of this act shall be managed by an independent program manager. Selection of the program manager shall be pursuant to the competitive process established in section seven of this act. The program manager shall have experience in plan- ning, designing, and constructing new and/or reconstructing existing school buildings, public facilities, commercial facilities, and/or infrastructure facilities, and in the negotiation and management of labor contracts and agreements, training programs, educational programs, and physical technological requirements for educational programs. The program manager shall manage all projects undertaken pursuant to subdi- vision (a) of section five of this act, review project schedules, review payment schedules, prepare cost estimates and assess the safety programs of contractors and all training programs, if required. The program manager shall implement procedures for verification by it that all work for which payment has been requested has been satisfactorily completed. (b) All construction and design contracts entered into by the JSC board for projects pursuant to subdivision (b) of section five of this act shall be managed by the city engineer in agreement with the school district or, at the discretion of the JSC board, an independent program manager or construction managers selected for one or more projects. Selection of the program manager and/or the construction manager or S. 2506--B 131 managers shall be pursuant to a competitive process established in accordance with the city's standard request for proposals process using the JSC board as the approving governing body instead of the common council for such contract awards. The program manager shall have experi- ence in planning, designing, and constructing new and/or reconstructing existing school buildings in New York state, public facilities, commer- cial facilities, and/or infrastructure facilities, and in the negoti- ation and management of labor contracts and agreements, training programs, educational programs, and physical technological requirements for educational programs. The program manager shall manage all projects assigned by the JSC board to the program manager and undertaken pursuant to subdivision (b) of section five of this act, review project sched- ules, review payment schedules, prepare cost estimates and assess the safety programs of contractors and all training programs, if required. The program manager shall implement procedures for verification by it that all work for which payment has been requested has been satisfac- torily completed. Provided, however, that the JSC board may choose to utilize the services of an independent construction manager at one or more of the projects to be authorized herein with said construction manager managing the project within the management plan set forth by the independent program manager and the JSC board. (c) ALL CONSTRUCTION AND DESIGN CONTRACTS ENTERED INTO BY THE JSC BOARD FOR PROJECTS PURSUANT TO SUBDIVISION (C) OF SECTION FIVE OF THIS ACT SHALL BE MANAGED BY THE CITY ENGINEER IN AGREEMENT WITH THE SCHOOL DISTRICT OR, AT THE DISCRETION OF THE JSC BOARD, AN INDEPENDENT PROGRAM MANAGER OR CONSTRUCTION MANAGERS SELECTED FOR ONE OR MORE PROJECTS. SELECTION OF THE PROGRAM MANAGER AND/OR THE CONSTRUCTION MANAGER OR MANAGERS SHALL BE PURSUANT TO A COMPETITIVE PROCESS ESTABLISHED IN ACCORDANCE WITH THE CITY'S STANDARD REQUEST FOR PROPOSALS PROCESS USING THE JSC BOARD AS THE APPROVING GOVERNING BODY INSTEAD OF THE COMMON COUNCIL FOR SUCH CONTRACT AWARDS. THE PROGRAM MANAGER SHALL HAVE EXPERI- ENCE IN PLANNING, DESIGNING, AND CONSTRUCTING NEW AND/OR RECONSTRUCTING EXISTING SCHOOL BUILDINGS IN NEW YORK STATE, PUBLIC FACILITIES, COMMER- CIAL FACILITIES, AND/OR INFRASTRUCTURE FACILITIES, AND IN THE NEGOTI- ATION AND MANAGEMENT OF LABOR CONTRACTS AND AGREEMENTS, TRAINING PROGRAMS, EDUCATIONAL PROGRAMS, PHYSICAL TECHNOLOGICAL REQUIREMENTS FOR EDUCATIONAL PROGRAMS AND KNOWLEDGE OF STATE EDUCATION DEPARTMENT FACILI- TIES PLANNING AND BUILDING AID REQUIREMENTS. THE PROGRAM MANAGER SHALL MANAGE ALL PROJECTS ASSIGNED BY THE JSC BOARD TO THE PROGRAM MANAGER AND UNDERTAKEN PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT, REVIEW PROJECT SCHEDULES, REVIEW PAYMENT SCHEDULES, PREPARE COST ESTIMATES AND ASSESS THE SAFETY PROGRAMS OF CONTRACTORS AND ALL TRAINING PROGRAMS, IF REQUIRED. THE PROGRAM MANAGER SHALL IMPLEMENT PROCEDURES FOR VERIFICATION BY IT THAT ALL WORK FOR WHICH PAYMENT HAS BEEN REQUESTED HAS BEEN SATISFACTORILY COMPLETED. PROVIDED, HOWEVER, THAT THE JSC BOARD MAY CHOOSE TO UTILIZE THE SERVICES OF AN INDEPENDENT CONSTRUCTION MANAGER AT ONE OR MORE OF THE PROJECTS TO BE AUTHORIZED HEREIN WITH SAID CONSTRUCTION MANAGER MANAGING THE PROJECT WITHIN THE MANAGEMENT PLAN SET FORTH BY THE INDEPENDENT PROGRAM MANAGER AND THE JSC BOARD. (D) The program manager, and its affiliates or subsidiaries, if any, shall be prohibited from awarding contracts or being awarded contracts for or performing any work on projects undertaken pursuant to this act. § 6. Section 19 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act", S. 2506--B 132 as amended by chapter 459 of the laws of 2013, is amended to read as follows: § 19. (a) On January 15, 2007 and annually thereafter, until completion of the projects authorized pursuant to this act, the JSC board shall issue a report to the governor, the comptroller, the commis- sioner, the temporary president of the senate, the speaker of the assem- bly, the city, the common council and the city school district on the progress and status of the projects undertaken by the JSC board. Provided further, that if any such entities request information on the progress and status of the projects prior to such report, it shall be provided to such entities by the JSC board. (b) On or before June 30, 2014 or upon the completion of the projects authorized pursuant to subdivision (a) of section five of this act, whichever shall first occur, the JSC board shall issue a report to the city, the city school district, the governor, the commissioner, the comptroller, the temporary president of the senate, the minority leader of the senate, the speaker of the assembly, the minority leader of the assembly, the state board of regents, and the chairs and ranking minori- ty members of the New York state senate and assembly committees on education, the finance committee of the New York state senate, and the ways and means committee of the New York state assembly. Such report shall identify the fiscal and pedagogical results of the projects under- taken pursuant to this act, along with recommendations for its contin- uance, amendments, or discontinuance. (c) On or before June 30, 2020 or upon the completion of the projects authorized pursuant to subdivision (b) of section five of this act, whichever shall first occur, the JSC board shall issue a report to the city, the city school district, the governor, the commissioner, the comptroller, the temporary president of the senate, the minority leader of the senate, the speaker of the assembly, the minority leader of the assembly, the state board of regents, and the chairs and ranking minori- ty members of the New York state senate and assembly committees on education, the finance committee of the New York state senate, and the ways and means committee of the New York state assembly. Such report shall identify the fiscal and pedagogical results of the projects under- taken pursuant to this act, along with recommendations for its contin- uance, amendments, or discontinuance. (D) ON OR BEFORE JUNE 30, 2027 OR UPON THE COMPLETION OF THE PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION FIVE OF THIS ACT, WHICHEVER SHALL FIRST OCCUR, THE JSC BOARD SHALL ISSUE A REPORT TO THE CITY, THE CITY SCHOOL DISTRICT, THE GOVERNOR, THE COMMISSIONER, THE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY, THE STATE BOARD OF REGENTS, AND THE CHAIRS AND RANKING MINORI- TY MEMBERS OF THE NEW YORK STATE SENATE AND ASSEMBLY COMMITTEES ON EDUCATION, THE FINANCE COMMITTEE OF THE NEW YORK STATE SENATE, AND THE WAYS AND MEANS COMMITTEE OF THE NEW YORK STATE ASSEMBLY. SUCH REPORT SHALL IDENTIFY THE FISCAL AND PEDAGOGICAL RESULTS OF THE PROJECTS UNDER- TAKEN PURSUANT TO THIS ACT, ALONG WITH RECOMMENDATIONS FOR ITS CONTIN- UANCE, AMENDMENTS, OR DISCONTINUANCE. § 7. Paragraph a of subdivision 6 of section 3602 of the education law is amended by adding a new subparagraph 9 to read as follows: (9) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE PURPOSE OF COMPUTATION OF BUILDING AID FOR RECONSTRUCTION OR MODERN- IZING OF NO MORE THAN THREE PROJECTS PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE ENACTING THE THIRD PHASE OF THE CITY OF SYRA- S. 2506--B 133 CUSE COOPERATIVE SCHOOL RECONSTRUCTION ACT, MULTI-YEAR COST ALLOWANCES FOR EACH PROJECT SHALL BE ESTABLISHED AND UTILIZED TWO TIMES IN THE FIRST FIVE-YEAR PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL BE ESTABLISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST MAXIMUM COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH. § 8. This act shall take effect immediately. PART PP Section 1. Subdivisions (g), (i) and (j) of section 2 of chapter 416 of the laws of 2007, establishing the city of Rochester and the board of education of the city school district of the city of Rochester school facilities modernization program act, as amended by chapter 533 of the laws of 2014, are amended to read as follows: (g) "Project" shall mean work at an existing school building site that involves the design, reconstruction, or rehabilitation of an existing school building for its continued use as a school of the city school district, which may include an addition to existing school buildings for such continued use and which also may include (1) the construction or reconstruction of athletic fields, playgrounds, and other recreational facilities for such existing school buildings; and/or (2) the acquisi- tion and installation of all equipment necessary and attendant to and for the use of such existing school [building] BUILDINGS, including but not limited to items located at sites not within a project that will allow the RJSCB to conduct district-wide technology improvements to benefit existing school buildings; and/or (3) the acquisition of addi- tional real property by the city to facilitate the project. (i) "Program manager" shall mean an independent program management firm hired by the RJSCB to assist it in: (i) developing and implementing procedures for the projects undertaken and contracted for by the RJSCB; (ii) reviewing plans and specifications for projects; (iii) developing and implementing policies and procedures to utilize employment resources to provide sufficient skilled employees for such projects including developing and implementing training programs, if required; (iv) manag- ing such projects; and (v) providing such planning, design, financing, and other services as may be appropriate to implement one or more construction or reconstruction projects pursuant to this act. (j) "Independent compliance officer" shall mean an independent firm hired by the RJSCB with an in-depth knowledge base and breadth of expe- rience conducting minority and women-owned business enterprise (MWBE) and disadvantaged business enterprise (DBE) utilization compliance moni- toring for public contracts within New York state, including school districts and auditing contractors and subcontractors in construction and reconstruction projects like those to be undertaken and contracted for by the RJSCB pursuant to this act. SUCH FIRM SHALL DEVELOP AND IMPLEMENT AN MWBE/DBE OUTREACH AND UTILIZATION PLAN FOR THE GOVERNANCE OF ALL CONTRACTS TO ENSURE COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS. § 2. Subdivision (b) of section 3 of chapter 416 of the laws of 2007, establishing the city of Rochester and the board of education of the city school district of the city of Rochester school facilities modern- ization program act, as amended by chapter 533 of the laws of 2014, is amended to read as follow: (b) Such board shall be composed of seven voting members: three of whom shall be appointed by, AND SERVE AT THE PLEASURE OF the mayor of the city; three of whom shall be appointed by, AND SERVE AT THE PLEASURE S. 2506--B 134 OF the superintendent of the board of education of the city school district; and one of whom shall be independent from both the city school district and the city but who shall have been agreed upon by the mayor and the superintendent; and one non-voting member who shall be the inde- pendent compliance officer, or the representative of the independent compliance officer. One of the voting members shall be chosen, by such voting members, to serve as chair of the board. Members of the board shall not receive a salary or other compensation for such board duties, but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of his or her board duties. Members of the board shall not be disqualified from holding public office or employ- ment, nor shall they forfeit any office or employment by reason of their appointment, notwithstanding the provisions of any general, special, or local law, ordinance or city charter to the contrary. The board will be reconstituted on the effective date of the chapter of the laws of 2014 that amended this subdivision and the term of each prior board member shall automatically expire on such date provided however that nothing shall preclude the reappointment of an existing board member. § 3. Sections 4, 5, 6, 9, 10, 11 and 21 of chapter 416 of the laws of 2007, establishing the city of Rochester and the board of education of the city school district of the city of Rochester school facilities modernization program act, as amended by chapter 533 of the laws of 2014, are amended to read as follow: § 4. Project authorization. No more than: (a) 13 projects, up to a total cost of three hundred twenty-five million dollars in phase one, and (b) 26 projects, up to a total cost of four hundred thirty-five million dollars in phase two, AND (C) 13 PROJECTS, INCLUDING A DISTRICT-WIDE TECHNOLOGY PROJECT, UP TO A TOTAL COST OF FOUR HUNDRED SEVENTY-FIVE MILLION DOLLARS IN PHASE THREE shall be authorized and undertaken pursuant to this act, unless otherwise authorized by law. § 5. Comprehensive school facilities modernization plan. The super- intendent shall submit to the RJSCB [a] comprehensive draft [plan] PLANS recommending and outlining the projects for phase two AND PHASE THREE it proposes to be undertaken pursuant to this act. The RJSCB shall consider the plan in developing a comprehensive school facilities modernization plan recommending and outlining the projects it proposes to be poten- tially undertaken pursuant to this act. Such plan shall include: (a) an estimate of total costs to be financed, proposed financing plan, proposed method of financing, terms and conditions of the financing, estimated financing costs, and, if city general obligation bonds or notes are not proposed as the method of financing, a comparison of financing costs between such bonds or notes and the proposed method of financing. Payment of debt service on bonds, notes or other obligations issued to secure financing of not more than $325,000,000 in phase one [and], $435,000,000 in phase two, AND $475,000,000 IN PHASE THREE for projects undertaken pursuant to this act shall not be considered when determining the "city amount" required pursuant to subparagraph (ii) of paragraph a of subdivision 5-b of section 2576 of the education law; provided, however, that this provision shall not otherwise affect the determination of said "city amount" with respect to funding unrelated to projects undertaken pursuant to this act. The plan should also address what specific options would be used to ensure that sufficient resources exist to cover the local share of any such project cost on an annual basis; (b) information concerning the potential persons to be involved in the financing and such person's role and responsibilities; (c) esti- mates on the design, reconstruction and rehabilitation costs by project, S. 2506--B 135 any administrative costs for potential projects, and an outline of the timeframe expected for completion of each potential project; (d) a detailed description of the request for proposals process and an outline of the criteria to be used for selection of the program manager, the independent compliance officer and all contractors; provided that the RJSCB may extend the contracts of the providers of professional services for phase one OR TWO upon the adoption of findings that doing so would be in the public interest; the contracts of the program manager and the independent compliance officer for phase two will be rebid, and provided further that the program manager and the independent compliance officer and any new or different providers of professional services shall be engaged in compliance with the provisions of section eight of this act; (e) any proposed amendments to the city school district's five-year capital facilities plan submitted in accordance with subdivision 6 of section 3602 of the education law and the regulations of the commission- er; and (f) a [preliminary] diversity plan to develop diversity goals, including appropriate community input and public discussion, and develop strategies that would create and coordinate any efforts to ensure a more diverse workforce for the projects. The [preliminary] diversity plan should address accountability for attainment of the diversity goals, what forms of monitoring would be used, and how such information would be publicly communicated. Prior to the development of the comprehensive school facilities modernization plan, the RJSCB and district shall hold as many public hearings as may be necessary to ensure sufficient public input and allow for significant public discussion on school building needs in such city, with at least one hearing to be held in each neighborhood potentially impacted by a proposed project. All projects proposed in the comprehensive school facilities modern- ization plan shall be included by the city school district as a special section of the district's five-year capital facilities plan that is required pursuant to subdivision 6 of section 3602 of the education law and the regulations of the commissioner. The RJSCB shall submit the components of such comprehensive plan outlined in subdivision (a) of this section to the comptroller, along with any other information requested by the comptroller, for his or her review and approval. § 6. Project selection. Notwithstanding any general, special or local law to the contrary and upon approval by the comptroller pursuant to section five of this act, the RJSCB may select projects to be under- taken pursuant to this act, as provided for in such approved comprehen- sive plan. After the RJSCB has selected a new project and plans and specifications for such project have been prepared and approved by the RJSCB, which are consistent with the approved comprehensive plan, the RJSCB shall deliver such plans and specifications to the superintendent of the city school district and the mayor of the city of Rochester for review to ensure that sufficient resources exist to pay the local share of any such project cost on an annual basis and that the plans meet program needs, and upon the approval of the superintendent, to the commissioner for his or her approval. After approval by the superinten- dent and commissioner, the plans and specifications shall be returned to the RJSCB. All such specifications shall detail the number of students the completed project is intended to serve, the site description, the types of subjects to be taught, the types of activities for school, recreational, social, safety, or other purposes intended to be incorpo- rated in the school building or on its site and such other information S. 2506--B 136 as the RJSCB and the commissioner shall deem necessary or advisable. The district program manager shall establish reasonable guidelines or limits on incidental costs to assure that to the greatest extent possi- ble such costs for each project do not exceed the state's maximum inci- dental cost allowance, in order to maximize efficient use of state building aid. Notwithstanding any other provision of law to the contrary, the RJSCB shall submit estimated project costs for the projects authorized pursu- ant to [subdivision] SUBDIVISIONS (b) AND (C) of section four of this act after the completion of schematic plans and specifications for review by the commissioner. If the total project costs associated with such projects exceed the sum of the estimated individual approved cost allowance of each building project by more than the lesser of 43 million dollars or ten percent of the approved costs AUTHORIZED PURSUANT TO SUBDIVISION (B) OF SECTION FOUR OF THIS ACT, OR FOR PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION FOUR OF THIS ACT BY MORE THAN THE LESSER OF 47 MILLION DOLLARS OR TEN PERCENT OF THE APPROVED COSTS, and the city school district has not otherwise demonstrated to the satisfac- tion of the education department the availability of additional local shares for such excess costs, then the RJSCB shall not proceed with the preparation of final plans and specifications for such projects until the projects have been redesigned or value-engineered to reduce esti- mated project costs so as not to exceed the above cost limits. Notwithstanding any other provision of law to the contrary, the RJSCB shall submit estimated project costs for the projects authorized pursu- ant to [subdivision] SUBDIVISIONS (b) AND (C) of section four of this act after the completion of fifty percent of the final plans and spec- ifications for review by the commissioner. If the total project costs associated with such projects exceed the sum of the estimated individual approved cost allowance of each building project by more than the lesser of 43 million dollars or ten percent of the approved costs AUTHORIZED PURSUANT TO SUBDIVISION (B) OF SECTION FOUR OF THIS ACT, OR FOR PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION FOUR OF THIS ACT BY MORE THAN THE LESSER OF 47 MILLION DOLLARS OR TEN PERCENT OF THE APPROVED COSTS, and the city school district has not otherwise demon- strated to the satisfaction of the education department the availability of additional local share for such excess costs, then the RJSCB shall not proceed with the completion of the remaining fifty percent of the plans and specifications for such projects until the projects have been redesigned or value-engineered to reduce estimated project costs so as not to exceed the above cost limits. § 9. Contracts generally. Notwithstanding the provisions of any general, special, or local law or judicial decision to the contrary: (a) The RJSCB may require a contractor, as a condition to being awarded a contract, subcontract, lease, grant, bond, covenant or other agreement for a project to enter into a project labor agreement for the work involved with such project when such requirement is made part of the bid specifications for the project and when the RJSCB determines that the record supporting the decision to enter into such an agreement establishes that it is justified by the interests underlying the compet- itive bidding laws. In addition, the RJSCB may revise and extend the requirements of the project labor agreement entered into for phase one projects to the projects authorized in phase [two] THREE, contingent upon the completion of a supplemental project labor agreement benefit [analysis]. S. 2506--B 137 (b) Any contract, subcontract, lease, grant, bond, covenant or other agreement for projects undertaken pursuant to this act shall not be subject to section 101 of the general municipal law when the RJSCB has chosen to require a project labor agreement, pursuant to subdivision (a) of this section. This exemption shall only apply to the projects under- taken pursuant to this act and shall not apply to projects undertaken by any other school district or municipality unless otherwise specifically authorized. (c) Whenever the RJSCB enters in a contract, subcontract, lease, grant, bond, covenant or other agreement for the construction, recon- struction, demolition, excavation, rehabilitation, repair, renovation, alteration, or improvement for a project undertaken pursuant to this act, it shall be deemed to be a public works project for the purposes of article 8 of the labor law, and all the provisions of article 8 of the labor law shall be applicable to all the work involved with such project including the enforcement of prevailing wage requirements by the state department of labor. (d) Every contract entered into by resolution of the RJSCB for construction or reconstruction of a project pursuant to this act shall contain a provision that the design of such project shall be subject to the review and approval of the city school district and that the design and construction standards of such project shall be subject to the review and approval of the commissioner. In addition, every such contract for construction or reconstruction shall contain a provision that the contractor shall furnish a labor and material bond guaranteeing prompt payment of moneys that are due to all persons furnishing labor and materials pursuant to the requirements of any contracts for a project undertaken pursuant to this section and a performance bond for the faithful performance of the project, which shall conform to the provisions of section 103-f of the general municipal law, and that a copy of such performance and payment bonds shall be kept by the RJSCB and shall be open to public inspection. (e) For the purposes of article 15-A of the executive law, any person entering into a contract for a project authorized pursuant to this act shall be deemed a state agency as that term is defined in such article and such contracts shall be deemed state contracts within the meaning of that term as set forth in such article. (f) Notwithstanding the provisions of this act or of any general or special law to the contrary, for any contract, subcontract, lease, grant, bond, covenant or other agreement for construction, recon- struction, demolition, excavation, rehabilitation, repair, renovation, alteration, or improvement with respect to each project undertaken pursuant to this act, the RJSCB shall consider the financial and organ- izational capacity of contractors and subcontractors in relation to the magnitude of work they may perform, the record of performance of contractors and subcontractors on previous work, the record of contrac- tors and subcontractors in complying with existing labor standards and maintaining harmonious labor relations, and the commitment of contrac- tors to work with minority and women-owned business enterprises pursuant to article 15-A of the executive law through joint ventures or subcon- tractor relationships. The RJSCB shall further require, on any contract in excess of one million dollars for construction, reconstruction, demo- lition, excavation, rehabilitation, repair, renovation, alteration, or improvement that each contractor and subcontractor shall participate in apprentice training programs in the trades of work it employs that: have been approved for not less than three years by the state department of S. 2506--B 138 labor; have graduated at least one apprentice in the last 3 years; have at least one apprentice currently enrolled in such apprentice training program; and have demonstrated that the program has made significant efforts to attract and retain minority apprentices. § 10. Program managers. (a) All contracts entered into by resolution of the RJSCB for projects for phase two AND PHASE THREE undertaken pursuant to this act shall be managed by an independent program manager. The selection of the program manager shall be pursuant to the compet- itive process established in section eight of this act. Prior to issu- ance of the contract, the program manager selected shall be approved by the superintendent, mayor, city council and the Rochester city school district. The program manager shall have experience in planning, design- ing, and constructing new and/or reconstructing existing school build- ings, public facilities, commercial facilities, and/or infrastructure facilities, and in the negotiation and management of labor contracts and agreements, training programs, educational programs, and physical tech- nological requirements for educational programs. The program manager shall manage all projects undertaken pursuant to this act, review project schedules, review payment schedules, prepare cost estimates and assess the safety programs of contractors and all training programs, if required. The program manager shall implement procedures for verifica- tion by it that all work for which payment has been requested has been satisfactorily completed. (b) The program manager, and its affiliates or subsidiaries, if any, shall be prohibited from awarding contracts or being awarded contracts for, or performing any work on, projects undertaken pursuant to this act. Contracts awarded by RJSCB for construction work required for the reconstruction, rehabilitation or renovation of a project pursuant to this act shall be awarded pursuant to public bidding in compliance with section 103 of the general municipal law. § 11. Independent compliance officers. All contracts entered into by resolution of the RJSCB for projects for phase two AND PHASE THREE undertaken by this act shall be monitored by an independent compliance officer. The compliance officer shall: develop, implement, advertise, promote and monitor policies and procedures to utilize and provide sufficient MWBE, DBE and skilled minority employment resources partic- ipation opportunities to be followed by prime contractors and subcon- tractors for such projects; review, modify if necessary, and approve the preliminary diversity plan established pursuant to section five of this act; provide technical assistance to potential MWBE and DBE contractors and subcontractors interested in bidding on any such projects; obtain and maintain records and documentation to confirm compliance with any requirements contained in the approved diversity plan, for any such project; identify contractors in non-compliance with any such require- ments contained in the approved diversity plan or in violation of any federal, state and local laws, rules or regulations; monitor and report the upward/downward price adjustment and payment amounts to MWBEs and DBEs listed on contractors utilization plan for any such project; devel- op and work with the RJSCB to enforce agreed financial or monetary sanc- tions for any contractor's non-compliance with the MWBE/DBE utilization master plan. In addition, the independent compliance officer shall: develop, implement, advertise, promote and monitor MWBE/DBE policies and procedures for each project to be followed by prime contractors and subcontractors for such projects; obtain and maintain records and documentation to confirm compliance with any applicable requirements for each project; identify contractors in non-compliance with any such S. 2506--B 139 requirements pursuant to this section or in violation of any federal, state and local laws, rules or regulations. The independent compliance officer shall report to the [RJCSB] RJSCB on a monthly basis. § 21. Reporting requirements. (A) On June 30, 2008 and annually there- after, until completion of the [39] 52 projects authorized pursuant to this act, the RJSCB shall issue a report to the governor, the comp- troller, the commissioner, the temporary president of the senate, the speaker of the assembly, the city, the city council and the city school district on the progress and status of the projects undertaken by the RJSCB. Provided further, that if any such entities request information on the progress and status of the projects prior to such report, it shall be provided to such entities by the RJSCB. [In addition, on] (B) ON or before June 30, 2021, or upon completion of the 26 projects authorized in phase two pursuant to this act, which- ever shall first occur, the RJSCB shall issue a report to the city, the city school district, the governor, the commissioner, the comptroller, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate, the minority leader of the assembly, the state board of regents, and the chairs and ranking minority members of the New York state senate and assembly committees on education, the finance committee of the New York state senate, and the ways and means committee of the New York state assembly. Such report shall identify the fiscal and pedagogical results of the projects undertaken pursuant to this act, along with recommendations for its continuance, amendments, or discontinuance. (C) ON OR BEFORE JUNE 30, 2031, OR UPON COMPLETION OF THE 13 PROJECTS, INCLUDING THE DISTRICT-WIDE TECHNOLOGY PROJECT, AUTHORIZED IN PHASE THREE PURSUANT TO THIS ACT, WHICHEVER SHALL FIRST OCCUR, THE RJSCB SHALL ISSUE A REPORT TO THE CITY, THE CITY SCHOOL DISTRICT, THE GOVERNOR, THE COMMISSIONER, THE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, THE STATE BOARD OF REGENTS, AND THE CHAIRS AND RANKING MINORITY MEMBERS OF THE NEW YORK STATE SENATE AND ASSEMBLY COMMITTEES ON EDUCATION, THE FINANCE COMMITTEE OF THE NEW YORK STATE SENATE, AND THE WAYS AND MEANS COMMITTEE OF THE NEW YORK STATE ASSEMBLY. SUCH REPORT SHALL IDENTIFY THE FISCAL AND PEDAGOGICAL RESULTS OF THE PROJECTS UNDERTAKEN PURSUANT TO THIS ACT, ALONG WITH RECOMMENDA- TIONS FOR ITS CONTINUANCE, AMENDMENTS, OR DISCONTINUANCE. § 4. Paragraph a of subdivision 6 of section 3602 of the education law is amended by adding a new subparagraph 9 to read as follows: (9) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE PURPOSE OF COMPUTATION OF BUILDING AID FOR RECONSTRUCTION OR MODERNIZING OF NO MORE THAN FIVE PROJECTS PURSUANT TO CHAPTER FOUR HUNDRED SIXTEEN OF THE LAWS OF TWO THOUSAND SEVEN, AS AMENDED, ENACT- ING THE THIRD PHASE OF THE CITY OF ROCHESTER SCHOOL FACILITIES MODERN- IZATION PROGRAM ACT, MULTI-YEAR COST ALLOWANCES FOR EACH PROJECT SHALL BE ESTABLISHED AND UTILIZED TWO TIMES IN THE FIRST FIVE-YEAR PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL BE ESTAB- LISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST MAXIMUM COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH. § 5. This act shall take effect immediately. § 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 S. 2506--B 140 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. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through PP of this act shall be as specifically set forth in the last section of such Parts.
2021-S2506C (ACTIVE) - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2021-S2506C (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2021-2022 state fiscal year; relates to school contracts for excellence; provides for a pandemic adjustment payment reduction; relates to aidable transportation expenses
2021-S2506C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2506--C A. 3006--C S E N A T E - A S S E M B L Y January 20, 2021 ___________ 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 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 AN ACT to amend the education law, in relation to school contracts for excellence; to amend the education law, in relation to pandemic adjustment payment reduction; to amend the education law, in relation to aidable transportation expense; relating to funding from the elementary and secondary school emergency relief fund allocated by the American rescue plan act of 2021; to amend the education law, in relation to foundation aid; to amend the education law, in relation to the statewide universal full-day pre-kindergarten program; legalizing, validating, ratifying and confirming certain contracts and projects by the Huntington union free school district, the Liverpool central school district, and the Marlboro central school district; providing that the commissioner of education shall not recover any penalties from the Huntington union free school district, the Liverpool central school district, and the Marlboro central school district; legalizing, validating, ratifying and confirming certain transportation contracts by the Cold Spring Harbor central school district; to amend the educa- tion law, in relation to certain moneys apportioned in the 2021-2022 school year; to amend the education law, in relation to the prepara- tion of estimated data for projections of apportionments; in relation to approved private schools serving certain students with disabili-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12572-05-1 S. 2506--C 2 A. 3006--C ties, special act school districts and approved preschool special class and special class in an integrated setting programs experiencing enrollment decreases as a result of the state disaster emergency declared pursuant to Executive Order 202 of 2020; to amend the educa- tion law, in relation to authorizing the board of education of a special act school district to establish a fiscal stabilization reserve fund; to amend the education law, in relation to certain tuition methodology; to amend the education law, in relation to char- ter school aid; to amend part B of chapter 57 of the laws of 2008 amending the education law relating to the universal prekindergarten program, in relation to the effectiveness thereof; to amend chapter 507 of the laws of 1974, relating to providing for the apportionment of state monies to certain nonpublic schools, to reimburse them for their expenses in complying with certain state requirements for the administration of state testing and evaluation programs and for participation in state programs for the reporting of basic educational data, in relation to the calculation of nonpublic schools' eligibility to receive aid; 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 reimbursement for the 2021-2022 school year; 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 withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend the education law, in relation to funds for certain employment preparation education programs; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend chapter 425 of the laws of 2002, amending the educa- tion 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, in relation to the effectiveness thereof; to amend 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 the effectiveness thereof; relates to school bus driver training; relates to special apportionment for salary expenses and public pension accruals; to amend chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issu- ance of serial bonds, in relation to the amounts of such apportion- ments; in relation to special apportionment for public pension accruals; relates to authorizing the city school district of the city of Rochester to purchase certain services; relates to suballocations of appropriations; relating to the support of public libraries; to repeal paragraph cc of subdivision 1 of section 3602 of the education law, relating to the gap elimination adjustment percentage; to repeal paragraph c of subdivision 17 of section 3602 of the education law, relating to the gap elimination adjustment; and providing for the repeal of certain provisions upon expiration thereof (Part A); inten- tionally omitted (Part B); intentionally omitted (Part C); to amend part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, procurement and the state university health care facilities, in relation to the effectiveness thereof (Part D); inten- tionally omitted (Part E); extending scholarship program eligibility S. 2506--C 3 A. 3006--C for certain recipients affected by the COVID-19 pandemic (Part F); to amend the education law, in relation to establishing the amount awarded for the excelsior scholarship (Part G); to amend the executive law, in relation to facilities operated and maintained by the office of children and family services and to authorize the closure of certain facilities operated by such office (Part H); to amend part N of chapter 56 of the laws of 2020 amending the social services law relating to restructuring financing for residential school placements, in relation to making such provisions permanent (Part I); to amend part G of chapter 57 of the laws of 2013, amending the executive law and the social services law relating to consolidating the youth devel- opment and delinquency prevention program and the special delinquency prevention program, in relation to making such provisions permanent (Part J); to amend part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to the effectiveness thereof (Part K); to amend the social services law and the family court act, in relation to compliance with the Federal Family First Prevention Services Act; and providing for the repeal of certain provisions upon expiration thereof (Part L); inten- tionally omitted (Part M); intentionally omitted (Part N); to utilize reserves in the mortgage insurance fund for various housing purposes (Part O); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part P); to amend the state finance law, in relation to authorizing a tax check-off for gifts to food banks (Part Q); intentionally omitted (Part R); intentionally omitted (Part S); intentionally omitted (Part T); to amend the private housing finance law, in relation to exempting certain projects from sales and compen- sating use taxes (Part U); intentionally omitted (Part V); inten- tionally omitted (Part W); intentionally omitted (Part X); inten- tionally omitted (Part Y); to amend the social services law, in relation to making child care more affordable for low-income families; and providing for the repeal of such provisions upon expiration there- of (Part Z); to amend the labor law and the public service law, in relation to requirements for certain renewable energy systems (Part AA); to establish a COVID-19 emergency rental assistance program; to amend the state finance law, in relation to establishing a COVID-19 emergency rental municipal corporation allocation fund; and providing for the repeal of such provisions upon expiration thereof (Subpart A); and to amend the tax law, in relation to establishing the utility COVID-19 debt relief credit (Subpart B) (Part BB); to amend the labor law, in relation to prohibiting the inclusion of claims for unemploy- ment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges; and to amend chapter 21 of the laws of 2021, amending the labor law relat- ing to prohibiting the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges, in relation to the effectiveness thereof (Part CC); to amend the education law, in relation to tuition assistance program awards; and to amend chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof (Part DD); to amend the social services law, S. 2506--C 4 A. 3006--C in relation to excluding certain funding from the determination of the maximum state aid rate for authorized agencies; and providing for the repeal of such provisions upon expiration thereof (Part EE); to imple- ment section 4 of Division X of the federal consolidated appropri- ations act of 2021; and providing for the repeal of such provisions upon expiration thereof (Part FF); to amend the education law, in relation to state appropriations for reimbursement of tuition credits (Part GG); to amend the public officers law, in relation to defense and indemnification of physicians acting on behalf of the state (Part HH); to amend the public health law, in relation to the storage of sexual offense evidence collection kits (Part II); to amend the social services law, the education law and the public health law, in relation to providing supports and services for youth suffering from adverse childhood experiences; and providing for the repeal of certain provisions of the social services law relating thereto (Subpart A); intentionally omitted (Subpart B) (Part JJ); to amend the business corporation law, the general associations law, the limited liability company law, the not-for-profit corporation law, the partnership law and the real property law, in relation to service of process (Part KK); to amend the executive law, in relation to the community violence intervention act (Part LL); to amend the public service law, in relation to directing the public service commission to review broad- band and fiber optic services within the state (Part MM); to amend the general business law, in relation to broadband service for low-income consumers (Part NN); and to amend the social services law, in relation to the powers of a social services official to receive and dispose of a deed, mortgage or lien (Part OO) 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 necessary to implement the state education, labor, housing and family assistance budget for the 2021-2022 state fiscal year. Each component is wholly contained within a Part identified as Parts A through OO. 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, including 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 amended by section 1 of part A of chapter 56 of the laws of 2020, 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 S. 2506--C 5 A. 3006--C 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 and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand thirteen--two thousand fourteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fourteen--two thousand fifteen school year; and provided further that a school district that submitted a contract for excellence for the two thousand fifteen--two thousand sixteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand sixteen--two thou- sand seventeen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence S. 2506--C 6 A. 3006--C for the two thousand fifteen--two thousand sixteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand sixteen--two thousand seventeen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand seventeen--two thousand eighteen school year which shall, notwithstand- ing the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand sixteen--two thousand seventeen school year; and provided further that a school district that submitted a contract for excellence for the two thousand seventeen--two thousand eighteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand eighteen--two thousand nineteen 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 amount approved by the commissioner in the contract for excellence for the two thousand seven- teen--two thousand eighteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand eighteen--two thousand nineteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand nineteen--two thousand twenty school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eighteen--two thousand nineteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand nineteen--two thousand twenty school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twenty--two thousand twenty-one school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand nineteen--two thousand twenty school year; AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN- TY-ONE SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMIS- SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated 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 eleven-- two thousand twelve as computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the support of S. 2506--C 7 A. 3006--C the local assistance budget, including support for general support for public schools, divided by the total aid for adjustment computed pursu- ant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the local assistance budget, including support for general support for public schools. Provided, further, that such amount shall be expended to support and maintain allowable programs and activ- ities 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. § 2. Intentionally omitted. § 3. Intentionally omitted. § 4. Intentionally omitted. § 5. Intentionally omitted. § 6. Intentionally omitted. § 7. Intentionally omitted. § 8. Intentionally omitted. § 9. Subdivision 1 of section 3602 of the education law is amended by adding a new paragraph kk to read as follows: KK. THE "FEDERAL COVID-19 SUPPLEMENTAL STIMULUS" SHALL BE EQUAL TO THE SUM OF (1) NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF FUNDS PROVIDED UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 PLUS (2) THE BASE FEDERAL ALLOCATION. FOR ELIGIBLE DISTRICTS, THE BASE FEDERAL ALLOCATION SHALL BE EQUAL TO THE PRODUCT OF NINE HUNDRED FIFTY- TWO DOLLARS AND FIFTEEN CENTS ($952.15) AND PUBLIC SCHOOL DISTRICT ENROLLMENT IN THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF THIS SUBDIVISION, PROVIDED THAT IF THE TOTAL STATEWIDE BASE FEDERAL ALLO- CATION IS NOT EQUAL TO FOUR HUNDRED SIXTY-SEVEN MILLION EIGHT HUNDRED THIRTEEN THOUSAND SIX HUNDRED SIXTY-NINE DOLLARS ($467,813,669), INDI- VIDUAL SCHOOL DISTRICT ALLOCATIONS SHALL BE PRORATED TO ENSURE THAT THE BASE FEDERAL ALLOCATION IS EQUAL TO FOUR HUNDRED SIXTY-SEVEN MILLION EIGHT HUNDRED THIRTEEN THOUSAND SIX HUNDRED SIXTY-NINE DOLLARS ($467,813,669), LESS NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF FUNDS PROVIDED UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCA- TION ACT OF 1965, BUT NOT LESS THAN ZERO. DISTRICTS SHALL BE ELIGIBLE FOR THE BASE FEDERAL ALLOCATION IF THEIR COMBINED WEALTH RATIO FOR THE CURRENT YEAR COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION IS LESS THAN ONE AND FIVE TENTHS (1.5) AND THE DISTRICT IS NOT A CENTRAL HIGH SCHOOL DISTRICT. § 9-a. On or before July 1, 2021, every local educational agency receiving funding from the elementary and secondary school emergency relief fund allocated by the American rescue plan act of 2021 shall be required to post on its website a plan by school year of how such funds will be expended and how the local educational agency will prioritize spending on non-recurring expenses in the areas of: safely returning students to in-person instruction; maximizing in-person instruction time; operating schools and meeting the needs of students; purchasing educational technology; addressing the impacts of the COVID-19 pandemic on students, including the impacts of interrupted instruction and learn- ing loss and the impacts on low-income students, children with disabili- ties, English language learners, and students experiencing homelessness; S. 2506--C 8 A. 3006--C implementing evidence-based strategies to meet students' social, emotional, mental health, and academic needs; offering evidence-based summer, afterschool, and other extended learning and enrichment programs; and supporting early childhood education. Provided further, that local educational agencies shall identify any programs utilizing such funding that are expected to continue beyond the availability of such federal funds and identify local funds that will be used to main- tain such programs in order to minimize disruption to core academic and other school programs. Before posting such plan, the local educational agency shall seek public comment from parents, teachers and other stake- holders on the plan and take such comments into account in the develop- ment of the plan. § 9-b. Notwithstanding any provision of law to the contrary, each local educational agency receiving an allocation of elementary and secondary school emergency relief funds pursuant to section 2001(d)(1) of the American rescue plan act of 2021 shall reserve one-half (0.5) of the amount so allocated for reimbursement of eligible costs incurred by such local educational agency in the 2021-22 through 2024-25 school years, with the amount of such costs for each such school year to equal one-eighth (0.125) of such allocation, provided that such time schedule shall not apply to eligible costs to be reimbursed from the other one- half (0.5) of such allocation; provided, however, that this requirement shall not apply to local educational agencies whose allocation pursuant to such section is less than five hundred dollars ($500) per pupil, and provided further that, in the event that the director of the budget determines that by March 15, 2022, the federal government has not extended the deadline by which local educational agencies must obligate all of the funds allocated pursuant to such section at least through the end of the 2024-25 school year, the amount of such allocation to be reserved for reimbursement of eligible costs incurred in each of the 2022-23 and 2023-24 school years shall equal one thousand eight hundred seventy-five ten-thousandths (0.1875) of such allocation. § 9-c. Notwithstanding any inconsistent provision of law, elementary and secondary school emergency relief funds and the governor's emergency education relief funds pursuant to the Coronavirus response and relief supplemental appropriations act, 2021 and the American rescue plan act of 2021 shall be deemed grants in aid and the state comptroller shall prescribe that any monies received therefrom by school districts shall be recorded and reported as special aid funds of the district. § 10. Intentionally omitted. § 10-a. Paragraph a of subdivision 4 of section 3602 of the education law is amended by adding a new subparagraph 5 to read as follows: (5) FOR THE PURPOSES OF THIS SUBDIVISION, "TOTAL FOUNDATION AID" SHALL BE EQUAL TO THE PRODUCT OF THE TOTAL AIDABLE FOUNDATION PUPIL UNITS MULTIPLIED BY THE DISTRICT'S SELECTED FOUNDATION AID. § 10-b. Subdivision 4 of section 3602 of the education law is amended by adding a new paragraph i to read as follows: I. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR SHALL EQUAL THE SUM OF THE TOTAL FOUNDA- TION AID BASE COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS THE GREATER OF THE: (I) MINIMUM INCREASE; (II) PHASE-IN INCREASE; (III) CATCH UP INCREASE; AND (IV) THE PER PUPIL ALLOCATION. FOR THE PURPOSES OF THIS PARAGRAPH: S. 2506--C 9 A. 3006--C (1) THE "PHASE-IN INCREASE" SHALL BE EQUAL TO THE PRODUCT OF THE FOUN- DATION AID PHASE-IN FACTOR MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF: (I) TOTAL FOUNDATION AID PURSUANT TO PARAGRAPH A OF THIS SUBDI- VISION; LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION. (2) THE "FOUNDATION AID PHASE-IN FACTOR" SHALL BE EQUAL TO THE GREATER OF: (I) TWENTY-SIX HUNDRED TWENTY-FIVE TEN-THOUSANDTHS (0.2625); (II) TWENTY-SEVEN HUNDRED TWENTY-EIGHT TEN-THOUSANDTHS (0.2728) FOR DISTRICTS WITH A SPARSITY COUNT COMPUTED PURSUANT TO PARAGRAPH R OF SUBDIVISION ONE OF THIS SECTION GREATER THAN ZERO; (III) TWENTY-SEVEN HUNDREDTHS (0.27) FOR SMALL CITY SCHOOL DISTRICTS PURSUANT TO PARAGRAPH JJ OF SUBDIVISION ONE OF THIS SECTION; (IV) FORTY-FOUR HUNDREDTHS (0.44) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN ONE HUNDRED FIFTY THOUSAND AS OF THE TWO THOUSAND TEN FEDERAL DECENNIAL CENSUS; (V) FOUR HUNDRED NINE- TY-FIVE THOUSANDTHS (0.495) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN ONE HUNDRED FIFTY THOUSAND BUT LESS THAN TWO HUNDRED FIFTY THOUSAND AS OF THE TWO THOUSAND TEN FEDERAL DECENNIAL CENSUS; (VI) FORTY-FOUR HUNDREDTHS (0.44) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED FIFTY THOUSAND BUT LESS THAN ONE MILLION AS OF THE TWO THOUSAND TEN FEDERAL DECENNIAL CENSUS; OR (VII) FOUR HUNDRED NINETY-FIVE THOUSANDTHS (0.495) FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. (3) THE "MINIMUM INCREASE" SHALL BE EQUAL TO THE PRODUCT OF: (I) THE GREATER OF TWO HUNDREDTHS (0.02) OR THREE HUNDREDTHS (0.03) FOR DISTRICTS WITH A SPARSITY COUNT COMPUTED PURSUANT TO PARAGRAPH R OF SUBDIVISION ONE OF THIS SECTION GREATER THAN ZERO; MULTIPLIED BY (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDI- VISION ONE OF THIS SECTION. (4) THE "CATCH UP INCREASE" SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF: (I) THE PRODUCT OF SIXTY HUNDREDTHS (0.60) AND TOTAL FOUNDA- TION AID AS COMPUTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION; LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION. (5) THE "PER PUPIL ALLOCATION" SHALL BE EQUAL TO THE PRODUCT OF: (I) THREE HUNDRED DOLLARS ($300); MULTIPLIED BY (II) THE QUOTIENT OF: (A) THE THREE-YEAR DIRECT CERTIFICATION PERCENTAGE COMPUTED PURSUANT TO SUBPARAGRAPH FOUR OF PARAGRAPH II OF SUBDIVISION ONE OF THIS SECTION; DIVIDED BY (B) FOUR HUNDRED SEVENTY-THREE THOUSANDTHS (0.473); AND FURTHER MULTIPLIED BY (III) PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR ELIGIBLE DISTRICTS. A DISTRICT SHALL BE ELIGIBLE FOR THE PER PUPIL ALLOCATION IF THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION IS LESS THAN TWO FIFTY-THREE HUNDREDTHS (2.53). § 10-c. Clause (ii) of subparagraph 2 of paragraph b of subdivision 4 of section 3602 of the education law, as amended by section 5-c of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: (ii) Phase-in foundation increase factor. 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), for the two thousand twelve--two thousand thirteen school year the phase-in foundation increase factor shall equal one and seven-tenths percent (0.017), for the two thousand thirteen--two thousand fourteen school year the phase-in foundation increase factor S. 2506--C 10 A. 3006--C shall equal (1) for a city school district in a city having a population of one million or more, five and twenty-three hundredths percent (0.0523) or (2) for all other school districts zero percent, for the two thousand fourteen--two thousand fifteen school year the phase-in founda- tion increase factor shall equal (1) for a city school district of a city having a population of one million or more, four and thirty-two hundredths percent (0.0432) or (2) for a school district other than a city school district having a population of one million or more for which (A) the quotient of the positive difference of the foundation formula aid minus the foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by the foundation formula aid is greater than twenty-two percent (0.22) and (B) a combined wealth ratio less than thirty-five hundredths (0.35), seven percent (0.07) or (3) for all other school districts, four and thirty-one hundredths percent (0.0431), and for the two thousand fifteen--two thousand sixteen school year the phase-in foundation increase factor shall equal: (1) for a city school district of a city having a population of one million or more, thirteen and two hundred seventy-four thousandths percent (0.13274); or (2) for districts where the quotient arrived at when dividing (A) the product of the total aidable foundation pupil units multiplied by the district's selected foundation aid less the total foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by (B) the product of the total aidable founda- tion pupil units multiplied by the district's selected foundation aid is greater than nineteen percent (0.19), and where the district's combined wealth ratio is less than thirty-three hundredths (0.33), seven and seventy-five hundredths percent (0.0775); or (3) for any other district designated as high need 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", four percent (0.04); or (4) for a city school district in a city having a population of one hundred twenty-five thou- sand or more but less than one million, fourteen percent (0.14); or (5) for school districts that were designated as small city school districts or central school districts whose boundaries include a portion of a small city for the school aid computer listing produced by the commis- sioner in support of the enacted budget for the two thousand fourteen-- two thousand fifteen school year and entitled "SA1415", four and seven hundred fifty-one thousandths percent (0.04751); or (6) for all other districts one percent (0.01), and for the two thousand sixteen--two thousand seventeen school year the foundation aid phase-in increase factor shall equal for an eligible school district the greater of: (1) for a city school district in a city with a population of one million or more, seven and seven hundred eighty four thousandths percent (0.07784); or (2) for a city school district in a city with a population of more than two hundred fifty thousand but less than one million as of the most recent federal decennial census, seven and three hundredths percent (0.0703); or (3) for a city school district in a city with a population of more than two hundred thousand but less than two hundred fifty thou- sand as of the most recent federal decennial census, six and seventy-two hundredths percent (0.0672); or (4) for a city school district in a city with a population of more than one hundred fifty thousand but less than two hundred thousand as of the most recent federal decennial census, six and seventy-four hundredths percent (0.0674); or (5) for a city school district in a city with a population of more than one hundred twenty- S. 2506--C 11 A. 3006--C five thousand but less than one hundred fifty thousand as of the most recent federal decennial census, nine and fifty-five hundredths percent (0.0955); or (6) for school districts that were designated as small city school districts or central school districts whose boundaries include a portion of a small city for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand fourteen--two thousand fifteen school year and entitled "SA141-5" with a combined wealth ratio less than one and four tenths (1.4), nine percent (0.09), provided, however, that for such districts that are also districts designated as high need urban-suburban 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", nine and seven hundred and nineteen thousandths percent (0.09719); or (7) for school districts designated as high need rural 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", thirteen and six tenths percent (0.136); or (8) for school districts designated as high need urban-suburban 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", seven hundred nineteen thousandths percent (0.00719); or (9) for all other eligible school districts, forty-seven hundredths percent (0.0047), provided further that for the two thousand seventeen--two thousand eighteen school year the foundation aid increase phase-in factor shall equal (1) for school districts with a census 2000 poverty rate computed pursuant to paragraph q of subdivision one of this section equal to or greater than twenty-six percent (0.26), ten and three-tenths percent (0.103), or (2) for a school district in a city with a population in excess of one million or more, seventeen and seventy-seven one-hundredths percent (0.1777), or (3) for a city school district in a city with a population of more than two hundred fifty thousand but less than one million, as of the most recent decennial census, twelve and sixty-nine hundredths percent (0.1269) or (4) for a city school district in a city with a population of more than one hundred fifty thousand but less than two hundred thou- sand, as of the most recent federal decennial census, ten and seventy- eight one hundredths percent (0.1078), or (5) for a city school district in a city with a population of more than one hundred twenty-five thou- sand but less than one hundred fifty thousand as of the most recent federal decennial census, nineteen and one hundred eight one-thousandths percent (0.19108), or (6) for a city school district in a city with a population of more than two hundred thousand but less than two hundred fifty thousand as of the most recent federal decennial census, ten and six-tenths percent (0.106), or (7) for all other districts, four and eighty-seven one-hundredths percent (0.0487), and for the two thousand [twenty] TWENTY-TWO--two thousand [twenty-one 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] TWENTY-THREE SCHOOL YEAR THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE FIFTY PERCENT (0.5), AND FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL S. 2506--C 12 A. 3006--C YEAR AND THEREAFTER THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE ONE HUNDRED PERCENT (1.0). § 10-d. For the 2021-22, 2022-23 and 2023-24 school years, each school district receiving a foundation aid increase of more than: (i) ten percent; or (ii) ten million dollars in a school year shall, on or before July 1 of each school year, post to the district's website a plan by school year of how such funds will be used to address student performance and need, including but not limited to: (i) increasing grad- uation rates and eliminating the achievement gap; (ii) reducing class sizes; (iii) providing supports for students who are not meeting, or at risk of not meeting, state learning standards in core academic subject areas; (iv) addressing student social-emotional health; and (v) provid- ing adequate resources to English language learners, students with disa- bilities; and students experiencing homelessness. Prior to posting such plan, each school district shall seek public comment from parents, teachers and other stakeholders on the plan and take such comments into account in the development of the plan. § 11. Intentionally omitted. § 11-a. Subdivision 1 of section 3602 of the education law is amended by adding two new paragraphs ll and mm to read as follows: LL. (1) "ECONOMICALLY DISADVANTAGED COUNT" SHALL BE EQUAL TO THE UNDU- PLICATED COUNT OF ALL CHILDREN REGISTERED TO RECEIVE EDUCATIONAL SERVICES IN GRADES KINDERGARTEN THROUGH TWELVE, INCLUDING CHILDREN IN UNGRADED PROGRAMS WHO PARTICIPATE IN, OR WHOSE FAMILY PARTICIPATES IN, ECONOMIC ASSISTANCE PROGRAMS, SUCH AS THE FREE OR REDUCED-PRICE LUNCH PROGRAMS, SOCIAL SECURITY INSURANCE, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM, FOSTER CARE, REFUGEE ASSISTANCE (CASH OR MEDICAL ASSISTANCE), EARNED INCOME TAX CREDIT (EITC), HOME ENERGY ASSISTANCE PROGRAM (HEAP), SAFETY NET ASSISTANCE (SNA), BUREAU OF INDIAN AFFAIRS (BIA), OR TEMPO- RARY ASSISTANCE FOR NEEDY FAMILIES (TANF). (2) "ECONOMICALLY DISADVANTAGED RATE" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING THE ECONOMICALLY DISADVANTAGED COUNT BY PUBLIC ENROLL- MENT AS COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH N OF THIS SUBDIVISION. (3) "THREE-YEAR AVERAGE ECONOMICALLY DISADVANTAGED RATE" SHALL EQUAL THE QUOTIENT OF: (I) THE SUM OF THE ECONOMICALLY DISADVANTAGED COUNT FOR THE SCHOOL YEAR PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER FOR THE SCHOOL YEAR THREE YEARS PRIOR TO THE BASE YEAR; DIVIDED BY (II) THE SUM OF ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR THE SCHOOL YEAR PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER FOR THE SCHOOL YEAR THREE YEARS PRIOR TO THE BASE YEAR, COMPUTED TO FOUR DECIMALS WITHOUT ROUNDING. MM. "THREE-YEAR AVERAGE SMALL AREA INCOME AND POVERTY ESTIMATE RATE" SHALL EQUAL THE QUOTIENT OF: (I) THE SUM OF THE NUMBER OF PERSONS AGED FIVE TO SEVENTEEN WITHIN THE SCHOOL DISTRICT, BASED ON THE SMALL AREA INCOME AND POVERTY ESTIMATES PRODUCED BY THE UNITED STATES CENSUS BUREAU, WHOSE FAMILIES HAD INCOMES BELOW THE POVERTY LEVEL FOR THE CALENDAR YEAR PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, PLUS SUCH NUMBER FOR THE CALENDAR YEAR TWO YEARS PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, PLUS SUCH NUMBER FOR THE CALENDAR YEAR THREE YEARS PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN; DIVIDED BY (II) THE SUM OF THE TOTAL NUMBER OF PERSONS AGED FIVE TO SEVENTEEN WITHIN THE SCHOOL DISTRICT, BASED ON SUCH CENSUS BUREAU ESTIMATES, FOR THE YEAR PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, PLUS SUCH TOTAL NUMBER FOR THE S. 2506--C 13 A. 3006--C YEAR TWO YEARS PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, PLUS SUCH TOTAL NUMBER FOR THE YEAR THREE YEARS PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, COMPUTED TO FOUR DECIMALS WITHOUT ROUNDING. § 11-b. Section 3641 of the education law is amended by adding a new subdivision 17 to read as follows: 17. LEARNING LOSS GRANTS. A. FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, ELIGIBLE SCHOOL DISTRICTS SHALL RECEIVE GRANTS IN AID EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF THE BASE ARPA ALLOCATION LESS NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO THE AMERICAN RESCUE PLAN ACT OF 2021, (P.L. 117-2), BUT NOT LESS THAN SEVEN HUNDRED THOUSAND DOLLARS ($700,000), AND NOT MORE THAN TEN MILLION DOLLARS ($10,000,000) OR TEN PERCENT (0.1) OF THE TOTAL EXPENDITURES FROM THE DISTRICT'S GENERAL FUND FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, WHICHEVER IS LESS. SCHOOL DISTRICTS WHERE THE BASE ARPA ALLOCATION IS LESS THAN OR EQUAL TO NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO THE AMERICAN RESCUE PLAN ACT OF 2021, SHALL NOT BE ELIGIBLE FOR THESE GRANTS. SUCH GRANT FUNDS SHALL REMAIN AVAILABLE FOR OBLIGATION BY SUCH SCHOOL DISTRICTS UNTIL THE DEADLINE THEREFOR PRESCRIBED IN FEDERAL LAW. B. THE "BASE ARPA ALLOCATION" SHALL BE EQUAL TO THE PRODUCT OF THE ADJUSTED PER PUPIL AMOUNT MULTIPLIED BY PUBLIC SCHOOL DISTRICT ENROLL- MENT FOR THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVI- SION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. THE "ADJUSTED PER PUPIL AMOUNT" SHALL BE EQUAL TO THE PRODUCT OF: (1) FOUR THOUSAND FIVE HUNDRED FIFTY DOLLARS AND TWENTY-SIX CENTS ($4,550.26); MULTIPLIED BY (2) THE REGIONAL COST INDEX CALCULATED IN TWO THOUSAND EIGHTEEN, REFLECTING 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 OCCU- PATIONS IN THE EDUCATION FIELD; MULTIPLIED BY (3) THE MODIFIED EN INDEX; AND MULTIPLIED BY (4) THE LEARNING LOSS WEALTH FACTOR. (1) FOR PURPOSES OF THIS PARAGRAPH, THE "LEARNING LOSS WEALTH FACTOR" SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF SEVENTY-FIVE HUNDREDTHS (0.75) LESS HALF OF THE COMBINED WEALTH RATIO COMPUTED PURSU- ANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. (2) FOR PURPOSES OF THIS PARAGRAPH, THE "MODIFIED EN INDEX" SHALL BE EQUAL TO THE MODIFIED EN PERCENT DIVIDED BY THE STATEWIDE AVERAGE MODI- FIED EN PERCENT, PROVIDED THAT FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, THE STATEWIDE AVERAGE MODIFIED EN PERCENT SHALL BE EQUAL TO FIVE THOUSAND FIVE HUNDRED SIXTY-FIVE TEN- THOUSANDTHS (0.5565). (3) FOR PURPOSES OF THIS PARAGRAPH, THE "MODIFIED EN PERCENT" SHALL BE EQUAL TO THE MODIFIED EN COUNT DIVIDED BY PUBLIC SCHOOL DISTRICT ENROLL- MENT FOR THE BASE YEAR COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. (4) FOR PURPOSES OF THIS PARAGRAPH, THE "MODIFIED EN COUNT" SHALL EQUAL THE SUM OF (A) THE PRODUCT OF FIFTY PERCENT (0.5) MULTIPLIED BY THE ENGLISH LANGUAGE LEARNER COUNT COMPUTED PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE, PLUS (B) THE SPARSITY COUNT COMPUTED PURSUANT TO PARAGRAPH R OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE, PLUS (C) THE PRODUCT OF SIXTY-FIVE HUNDREDTHS (0.65) MULTIPLIED BY THE THREE-YEAR AVERAGE SMALL AREA INCOME AND POVERTY ESTIMATE RATE COMPUTED PURSUANT TO S. 2506--C 14 A. 3006--C PARAGRAPH MM OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE AND MULTIPLIED FURTHER BY PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE, PLUS (D) THE PRODUCT OF SIXTY-FIVE HUNDREDTHS (0.65) MULTIPLIED BY THE THREE-YEAR AVERAGE ECONOMICALLY DISADVANTAGED RATE DEFINED PURSUANT TO PARAGRAPH LL OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE AND MULTIPLIED FURTHER BY PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. C. DISTRICTS RECEIVING LEARNING LOSS GRANTS SHALL USE: (1) FOURTEEN AND TWO HUNDRED EIGHTY-SIX THOUSANDTHS PERCENT (0.14286) OF SUCH GRANTS FOR IMPLEMENTATION OF EVIDENCE-BASED SUMMER ENRICHMENT PROGRAMS; (2) FOURTEEN AND TWO HUNDRED EIGHTY-SIX THOUSANDTHS PERCENT (0.14286) FOR IMPLEMENTATION OF EVIDENCE-BASED COMPREHENSIVE AFTERSCHOOL PROGRAMS; AND (3) THE REMAINING FUNDS FOR ACTIVITIES TO ADDRESS LEARNING LOSS BY SUPPORTING THE IMPLEMENTATION OF EVIDENCE-BASED INTERVENTIONS, SUCH AS SUMMER LEARNING OR SUMMER ENRICHMENT, EXTENDED DAY, COMPREHENSIVE AFTER- SCHOOL PROGRAMS, OR EXTENDED SCHOOL YEAR PROGRAMS. SCHOOL DISTRICTS SHALL ENSURE THAT SUCH INTERVENTIONS RESPOND TO STUDENTS' ACADEMIC, SOCIAL, AND EMOTIONAL NEEDS AND ADDRESS THE DISPROPORTIONATE IMPACT OF THE CORONAVIRUS ON LOW-INCOME STUDENTS, CHILDREN WITH DISABILITIES, ENGLISH LEARNERS, MIGRANT STUDENTS, STUDENTS EXPERIENCING HOMELESSNESS, AND CHILDREN IN FOSTER CARE. § 12. Intentionally omitted. § 12-a. Intentionally omitted. § 12-b. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 14-c of part A of chapter 56 of the laws of 2020, 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 through two thousand [twenty] TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO 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". § 13. Intentionally omitted. § 13-a. Subdivision 12 of section 3602 of the education law, as amended by section 14-d of part A of chapter 56 of the laws of 2020, is amended to read as follows: 12. Academic enhancement aid. A school district that as of April first of the base year has been continuously identified as a district in need of improvement for at least five years shall, for the two thousand eight--two thousand nine school year, be entitled to an additional apportionment equal to the positive remainder, if any, of (a) the lesser of fifteen million dollars or the product of the total foundation aid base, as defined by paragraph j of subdivision one of this section, multiplied by ten percent (0.10), less (b) the positive remainder of (i) the sum of the total foundation aid apportioned pursuant to subdivision four of this section and the supplemental educational improvement grants S. 2506--C 15 A. 3006--C apportioned pursuant to subdivision eight of section thirty-six hundred forty-one of this article, less (ii) the total foundation aid base. For the two thousand nine--two thousand ten through two thousand four- teen--two thousand fifteen 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 thousand nine--two thousand ten school year and entitled "SA0910", and such apportionment shall be deemed to satisfy the state obligation to provide an apportion- ment pursuant to subdivision eight of section thirty-six hundred forty- one of this article. For the two thousand fifteen--two thousand sixteen year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the head- ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand four- teen--two thousand fifteen school year and entitled "SA141-5", 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. For the two thousand sixteen--two thousand seventeen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2015-16 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand fifteen--two thousand sixteen school year and entitled "SA151-6", 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. For the two thousand seventeen--two thousand eighteen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2016-17 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand sixteen--two thousand seventeen school year and entitled "SA161-7", 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. For the two thousand eighteen--two thousand nineteen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2017-18 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand seventeen--two thousand eighteen school year and entitled "SA171-8", 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. For the two thousand nineteen--two thousand twenty school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2018-19 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand eighteen--two thousand nineteen school year and entitled "SA181-9", and such apportionment shall be deemed to satisfy the state S. 2506--C 16 A. 3006--C obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. For the two thousand twenty--two thousand twenty-one school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2019-20 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nineteen--two thousand twenty school year and entitled "SA192-0", 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. FOR THE TWO THOU- SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT" UNDER THE HEAD- ING "2020-21 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND TWEN- TY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND ENTITLED "SA202-1", 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. § 14. Intentionally omitted. § 14-a. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 14-e of part A of chapter 56 of the laws of 2020, 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 through two thousand twelve--two thousand 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". Each school district shall be eligible to receive a high tax aid appor- tionment in the two thousand thirteen--two thousand fourteen through two thousand [twenty] TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO school years equal to the greater of (1) 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" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". § 15. Intentionally omitted. § 16. Intentionally omitted. § 16-a. Intentionally omitted. S. 2506--C 17 A. 3006--C § 17. Subdivision 19 of section 3602 of the education law is amended by adding a new paragraph c to read as follows: C. THE POSITIVE VALUE OF THE PANDEMIC ADJUSTMENT PAYMENT REDUCTION SHALL NOT EXCEED THE SUM OF MONEYS APPORTIONED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, THIRTY-SIX HUNDRED NINE-A, THIRTY-SIX HUNDRED NINE-B, THIRTY-SIX HUNDRED NINE-D, THIRTY-SIX HUNDRED NINE-F, AND THIR- TY-SIX HUNDRED NINE-H FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY- ONE SCHOOL YEAR FOR ANY SCHOOL DISTRICT. § 18. Intentionally omitted. § 19. Intentionally omitted. § 20. Subdivisions 6 and 7 of section 3622-a of the education law, subdivision 6 as amended by section 47 of part A of chapter 58 of the laws of 2011 and subdivision 7 as added by chapter 422 of the laws of 2004, are amended and two new subdivisions 8 and 9 are added 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 if the total statewide apportionment attributable to allowable transportation 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] 7. Transportation provided pursuant to section thirty-six hundred thirty-five-b of this article[.]; 8. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, TRANSPORTATION PROVIDED IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020, PROVIDED THAT TRANSPORTATION WAS PROVIDED DURING THE TIME PERIOD OF SCHOOL BUILDING CLOSURES ORDERED PURSUANT TO EXECUTIVE ORDER 202 OF 2020. SUCH AIDABLE TRANSPORTATION SHALL INCLUDE TRANSPORTATION OF MEALS, EDUCATIONAL MATERIALS AND SUPPLIES TO STUDENTS, AND TRANSPORTA- TION TO PROVIDE STUDENTS WITH INTERNET ACCESS; AND 9. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, EXPENDITURES MADE FOR TRANSPORTATION DURING THE PERIOD BETWEEN THE ISSUANCE OF EXECU- TIVE ORDER 202.4 ON MARCH SIXTEENTH, TWO THOUSAND TWENTY AND THE ISSU- ANCE OF EXECUTIVE ORDER 202.28 ON MAY SEVENTH, TWO THOUSAND TWENTY, WITHOUT REGARD TO WHETHER SUCH TRANSPORTATION WAS PROVIDED. § 21. Intentionally omitted. § 22. Section 3623-a of the education law is amended by adding a new subdivision 4 to read as follows: 4. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE COMPUTATION OF TRANSPORTATION AID PURSUANT TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF SECTION THIR- TY-SIX HUNDRED TWO OF THIS ARTICLE, ALLOWABLE TRANSPORTATION EXPENSES SHALL ALSO INCLUDE TRANSPORTATION OPERATING EXPENSES DESCRIBED IN SUBDI- VISION ONE OF THIS SECTION AND TRANSPORTATION CAPITAL, DEBT SERVICE AND LEASE EXPENSES DESCRIBED IN SUBDIVISION TWO OF THIS SECTION INCURRED IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR: (I) DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020 IN THE CASE OF EXPENSES PURSUANT TO SUBDIVISION EIGHT OF SECTION THIRTY-SIX HUNDRED TWENTY-TWO-A OF THIS PART; AND (II) DURING THE PERIOD S. 2506--C 18 A. 3006--C BETWEEN THE ISSUANCE OF EXECUTIVE ORDER 202.4 ON MARCH SIXTEENTH, TWO THOUSAND TWENTY AND THE ISSUANCE OF EXECUTIVE ORDER 202.28 ON MAY SEVENTH, TWO THOUSAND TWENTY IN THE CASE OF EXPENSES PURSUANT TO SUBDI- VISION NINE OF SECTION THIRTY-SIX HUNDRED TWENTY-TWO-A OF THIS PART. SUCH EXPENSES SHALL BE ALLOWABLE TRANSPORTATION EXPENSES EVEN WHERE AIDABLE REGULAR TRANSPORTATION AS DEFINED IN SECTION THIRTY-SIX HUNDRED TWENTY-TWO-A OF THIS PART OF TRANSPORTATION AFTER FOUR PM PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-SEVEN OF THIS PART WAS NOT PROVIDED. § 22-a. Subdivision 8 of section 4410 of the education law, as amended by chapter 474 of the laws of 1996, is amended to read as follows: 8. Transportation. The municipality in which a preschool child resides shall, beginning with the first day of service, provide either directly or by contract for suitable transportation, as determined by the board, to and from special services or programs; provided, however, that if the municipality is a city with a population of one million or more persons the municipality may delegate the authority to provide such transporta- tion to the board; and provided further, that prior to providing such transportation directly or contracting with another entity to provide such transportation, such municipality or board shall request and encourage the parents to transport their children at public expense, where cost-effective, at a rate per mile or a public service fare estab- lished by the municipality and approved by the commissioner. Except as otherwise provided in this section, the parents' inability or declina- tion to transport their child shall in no way [effect] AFFECT the municipality's or board's responsibility to provide recommended services. Such transportation shall be provided once daily from the child care location to the special service or program and once daily from the special service or program to the child care location up to fifty miles from the child care location. If the board determines that a child must receive special services and programs at a location greater than fifty miles from the child care location, it shall request approval of the commissioner. For the purposes of this subdivision, the term "child care location" shall mean a child's home or a place where care for less than twenty-four hours a day is provided on a regular basis and includes, but is not limited to, a variety of child care services such as day care centers, family day care homes and in-home care by persons other than parents. All transportation of such children shall be provided pursuant to the procedures set forth in section two hundred thirty-six of the family court act using the date called for in the written notice of determination of the board or the date of the written notice of determination of the board, whichever comes later, in lieu of the date the court order was issued. NOTWITHSTANDING THIS SUBDIVISION OR ANY PROVISION OF LAW TO THE CONTRARY, TRANSPORTATION EXPENSES INCURRED BY A MUNICIPALITY FOR OPERATING AND MAINTENANCE COSTS PURSUANT TO THIS SUBDIVISION DURING THE PERIOD BETWEEN THE ISSUANCE OF EXECUTIVE ORDER 202.4 ON MARCH SIXTEENTH, TWO THOUSAND TWENTY AND THE ISSUANCE OF EXECUTIVE ORDER 202.28 ON MAY SEVENTH, TWO THOUSAND TWENTY SHALL BE REIMBURSABLE AND CONSIDERED APPROVED COSTS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND THE REGULATIONS OF THE COMMISSIONER. § 22-b. Notwithstanding any other provision of law, rule or regulation to the contrary, a child who resides within a county, in a city school district located in a city having a population of one million or more, that has a population of less than one million and who resides in an area containing at least three hundred children within a one and one- half mile radius shall be provided transportation pursuant to section 3627 of the education law without regard to like circumstances. S. 2506--C 19 A. 3006--C § 23. Subdivision 16 of section 3602-ee of the education law, as amended by section 22 of part A of chapter 56 of the laws of 2020, is amended to read as follows: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [twenty-one] TWENTY-TWO; provided that the program shall continue and remain in full effect. § 23-a. Subdivision 4 of section 51 of part B of chapter 57 of the laws of 2008 amending the education law relating to the universal prek- indergarten program, as amended by section 22-a of part A of chapter 56 of the laws of 2020, is amended to read as follows: 4. section twenty-three of this act shall take effect July 1, 2008 and shall expire and be deemed repealed June 30, [2021] 2022; § 23-b. Subparagraph (ii) of paragraph (c) of subdivision 8 of section 3602-ee of the education law, as amended by section 22-b of part A of chapter 56 of the laws of 2020, is amended to read as follows: (ii) Provided that, notwithstanding any provisions of this paragraph to the contrary, for the two thousand seventeen-two thousand eighteen through the two thousand [twenty] TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO school years an exemption to the certification requirement of subparagraph (i) of this paragraph may be made for a teacher without certification valid for service in the early childhood grades who possesses a written plan to obtain certification and who has registered in the ASPIRE workforce registry as required under regulations of the commissioner of the office of children and family services. Notwith- standing any exemption provided by this subparagraph, certification shall be required for employment no later than June thirtieth, two thou- sand [twenty-one] TWENTY-TWO; provided that for the two thousand [twen- ty]TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO school year, school districts with teachers seeking an exemption to the certification requirement of subparagraph (i) of this paragraph shall submit a report to the commissioner regarding (A) the barriers to certification, if any, (B) the number of uncertified teachers registered in the ASPIRE work- force registry teaching pre-kindergarten in the district, including those employed by a community-based organization, (C) the number of previously uncertified teachers who have completed certification as required by this subdivision, and (D) the expected certification completion date of such teachers. § 23-c. Subdivision 10 of section 3602-e of the education law, as amended by section 10-a of part YYY of chapter 59 of the laws of 2019, is amended to read as follows: 10. Universal prekindergarten aid. Notwithstanding any provision of law to the contrary, (i) 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 (ii) 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 electronic 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 thou- sand nine school year where such programs operate for a minimum of nine- ty days in any one school year as provided in section 151-1.4 of the S. 2506--C 20 A. 3006--C regulations of the commissioner, for the two thousand nine--two thousand ten and two thousand ten--two thousand eleven school years, such school district shall be eligible for a maximum grant equal to the amount computed pursuant to paragraph a of subdivision nine of this section in the two thousand eight--two thousand nine school year, and (iii) for the two thousand eleven--two thousand twelve school year 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 (iv) for two thousand twelve--two thousand thirteen through two thou- sand sixteen--two thousand seventeen school years each school district shall be eligible for a maximum grant equal to the greater of (A) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR 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", or (B) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner on May fifteenth, two thousand eleven pursuant to paragraph b of subdivision twenty-one of section three hundred five of this chapter, and (v) for the two thousand seventeen--two thousand eighteen and two thousand eighteen--two thousand nineteen school years, each school district shall be eligible to receive a grant amount equal to the sum of (A) the amount set forth for such school district as "UNIVERSAL PREKIN- DERGARTEN" under the heading "2016-17 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand sixteen--two thousand seventeen school year and entitled "SA161-7" plus (B) the amount awarded to such school district for the priority full-day prekindergarten and expanded half-day prekindergarten grant program for high need students for the two thou- sand sixteen--two thousand seventeen school year pursuant to chapter fifty-three of the laws of two thousand thirteen, provided that for purposes of calculating the maintenance of effort reduction in subdivi- sion eleven of this section grant amounts shall be the four-year-old grant amount, and (vi) for the two thousand nineteen--two thousand twenty school year, each school district shall be eligible to receive a grant amount equal to the sum of (A) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" in the school aid computer listing produced by the commissioner in support of the enacted budget for the two thou- sand eighteen--two thousand nineteen school year plus (B) the amount awarded to such school district for the federal preschool development expansion grant for the two thousand seventeen--two thousand eighteen school year pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and 14013, Title XIV, (Public Law 112-10), as amended by section 1832(b) of Division B of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Pub. L. 112-10), and the Department of Education Appropriations Act, 2012 (Title III Division F of Pub. L. 112-74, the Consolidated Appropriations Act, 2012) plus (C) the amount awarded to such school district for the expanded prekindergarten program for three and four year-olds for the two thousand eighteen--two thousand nineteen school year pursuant to chapter sixty-one of the laws of two thousand fifteen plus (D) the S. 2506--C 21 A. 3006--C amount awarded to such school district for the expanded prekindergarten for three-year-olds in high need districts program for the two thousand eighteen--two thousand nineteen school year pursuant to chapter fifty- three of the laws of two thousand sixteen plus (E) the amount awarded to such school district for the expanded prekindergarten program for three- and four-year-olds for the two thousand eighteen--two thousand nineteen school year pursuant to a chapter of the laws of two thousand seventeen plus (F) the amount awarded to such school district, subject to an available appropriation, through the pre-kindergarten expansion grant for the two thousand eighteen--two thousand nineteen school year, provided that such school district has met all requirements pursuant to this section and for purposes of calculating the maintenance of effort reduction in subdivision eleven of this section that such grant amounts shall be divided into a four-year-old grant amount based on the amount each district was eligible to receive in the base year to serve four- year-old prekindergarten pupils and a three-year-old grant amount based on the amount each district was eligible to receive in the base year to serve three-year-old pupils, and (vii) for the two thousand twenty--two thousand twenty-one school year [and thereafter], each school district shall be eligible to receive a grant amount equal to [the sum of (A)] the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput- er file produced by the commissioner in support of the enacted budget for the prior year [plus (B) the amount awarded to such school district, subject to an available appropriation, through the pre-kindergarten expansion grant for the prior year, provided that such school district has met all requirements pursuant to this section and for purposes of calculating the maintenance of effort reduction in subdivision eleven of this section that such grant amounts shall be divided into a four-year- old grant amount based on the amount each district was eligible to receive in the base year to serve four-year-old prekindergarten pupils and a three-year-old grant amount based on the amount each district was eligible to receive in the base year to serve three-year-old pupils] EXCLUDING AMOUNTS SUBJECT TO SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART, 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, AND (VIII) FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT AMOUNT EQUAL TO THE SUM OF (A) THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "UNIVERSAL PREKINDERGARTEN ALLOCATION" ON THE COMPUT- ER FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE PRIOR YEAR EXCLUDING AMOUNTS SUBJECT TO SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART AND FURTHER EXCLUDING AMOUNTS PAID PURSUANT TO SUBDIVISION NINETEEN OF THIS SECTION PLUS (B) THE FULL-DAY 4-YEAR-OLD UNIVERSAL PREKINDERGARTEN EXPANSION ADDED PURSUANT TO PARAGRAPH E OF SUBDIVISION NINETEEN OF THIS SECTION, PROVIDED THAT SUCH SCHOOL DISTRICT HAS MET ALL REQUIREMENTS PURSUANT TO THIS SECTION AND SUCH GRANTS SHALL BE ADDED INTO A FOUR-YEAR-OLD GRANT AMOUNT BASED ON THE AMOUNT EACH DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR TO SERVE FOUR-YEAR-OLD PREKINDERGARTEN PUPILS, PLUS (C) THE AMOUNT AWARDED TO SUCH SCHOOL DISTRICT, SUBJECT TO AN AVAILABLE APPROPRIATION, THROUGH THE PREKINDER- GARTEN EXPANSION GRANT FOR THE PRIOR YEAR, PROVIDED THAT SUCH SCHOOL DISTRICT HAS MET ALL REQUIREMENTS PURSUANT TO THIS SECTION AND FOR PURPOSES OF CALCULATING THE MAINTENANCE OF EFFORT REDUCTION IN SUBDIVI- SION ELEVEN OF THIS SECTION THAT SUCH GRANT AMOUNTS SHALL BE DIVIDED S. 2506--C 22 A. 3006--C INTO A FOUR-YEAR-OLD GRANT AMOUNT BASED ON THE AMOUNT EACH DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR TO SERVE FOUR-YEAR-OLD PREKINDER- GARTEN PUPILS AND A THREE-YEAR-OLD GRANT AMOUNT BASED ON THE AMOUNT EACH DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR TO SERVE THREE-YEAR- OLD PUPILS, 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. a. Each school district shall be eligible to serve the sum of (i) eligible full-day four-year-old prekindergarten pupils plus (ii) eligi- ble half-day four-year-old prekindergarten pupils plus (iii) eligible full-day three-year-old prekindergarten pupils plus (iv) eligible half- day three-year-old prekindergarten pupils. b. For purposes of paragraph a of this subdivision: (i) "Selected aid per prekindergarten pupil" shall equal the greater of (A) the product of five-tenths and the school district's selected foundation aid for the current year, or (B) the aid per prekindergarten pupil calculated pursuant to this subdivision for the two thousand six- two thousand seven school year, based on data on file for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand six--two thousand seven school year and entitled "SA060-7"; provided, however, that in the two thousand eight-- two thousand nine school year, a city school district in a city having a population of one million inhabitants or more shall not be eligible to select aid per prekindergarten pupil pursuant to clause (A) of this subparagraph; (ii) (1) "Eligible Full-day four-year-old prekindergarten pupils" shall equal: For the two thousand seventeen--two thousand eighteen school year the sum of, from the priority full-day prekindergarten program, (A) the maximum aidable pupils such district was eligible to serve in the base year plus (B) the maximum aidable number of half-day prekindergarten pupils converted into a full-day prekindergarten pupil in the base year; For the two thousand eighteen--two thousand nineteen school year the sum of, from the programs pursuant to this section, (A) the maximum aidable full-day prekindergarten pupils such district was eligible to serve in the base year plus (B) the maximum aidable number of half-day prekindergarten pupils converted into full-day prekindergarten pupils in the base year; For the two thousand nineteen--two thousand twenty school year the sum of, from each of (A) the programs pursuant to this section, (B) the federal preschool development expansion grant, (C) the expanded prekin- dergarten program, (D) the expanded prekindergarten program for three- and four-year-olds, and (E) the prekindergarten expansion grant, (1) the maximum aidable full-day four-year-old prekindergarten pupils such district was eligible to serve in the base year, plus (2) the maximum aidable number of half-day four-year-old prekindergarten pupils converted into full-day prekindergarten pupils in the base year; For the two thousand twenty--two thousand twenty-one school year [and thereafter] the sum of, from each of (A) the programs pursuant to this section and (B) the pre-kindergarten expansion grant, (1) the maximum aidable full-day four-year-old prekindergarten pupils such district was eligible to serve in the base year, plus (2) the maximum aidable number of half-day four-year-old prekindergarten pupils converted into full-day prekindergarten pupils in the base year; FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, THE SUM OF, FROM THE PROGRAMS PURSUANT TO THIS SUBDIVI- S. 2506--C 23 A. 3006--C SION, (1) THE MAXIMUM AIDABLE FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS SUCH DISTRICT WAS ELIGIBLE TO SERVE IN THE BASE YEAR, PLUS (2) THE MAXIMUM AIDABLE NUMBER OF HALF-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS CONVERTED INTO FULL-DAY PREKINDERGARTEN PUPILS IN THE BASE YEAR, PLUS (3) EXPANSION SLOTS ADDED PURSUANT TO PARAGRAPH E OF SUBDIVISION NINETEEN OF THIS SECTION. (2) "Eligible full-day three-year-old prekindergarten pupils" shall equal: For the two thousand nineteen--two thousand twenty school year, the sum of, from each of (A) the expanded prekindergarten program, (B) the expanded prekindergarten program for three-year-olds, (C) the expanded prekindergarten program for three- and four-year-olds, and (D) the prek- indergarten expansion grant, (1) the maximum aidable full-day three- year-old prekindergarten pupils such district was eligible to serve in the base year, plus (2) the maximum aidable number of half-day three- year-old prekindergarten pupils converted into full-day prekindergarten pupils in the base year; For the two thousand twenty--two thousand twenty-one school year and thereafter, the sum of, from each of (A) the programs pursuant to this section, and (B) the prekindergarten expansion grant, (1) the maximum aidable full-day three-year-old prekindergarten pupils such district was eligible to serve in the base year, plus (2) the maximum aidable number of half-day three-year-old prekindergarten pupils converted into full- day prekindergarten pupils in the base year; (iii) (1) "Eligible half-day four-year-old prekindergarten pupils" shall equal: For the two thousand seventeen--two thousand eighteen school year the sum of the maximum aidable half-day prekindergarten pupils such district was eligible to serve for the base year from (A) the program pursuant to this section plus such pupils from (B) the priority full-day prekinder- garten program, less the maximum aidable number of half-day prekinder- garten pupils converted into full-day prekindergarten pupils under the priority full-day prekindergarten program for the base year; For the two thousand eighteen--two thousand nineteen school year, the maximum aidable half-day prekindergarten pupils such district was eligi- ble to serve for the base year from the program pursuant to this section; For the two thousand nineteen--two thousand twenty school year, the sum of the maximum aidable half-day four-year-old prekindergarten pupils such district was eligible to serve for the base year from (A) the program pursuant to this section plus such pupils from (B) the expanded prekindergarten program plus such pupils from (C) the expanded prekin- dergarten program for three- and four-year-olds plus such pupils from (D) the prekindergarten expansion grant, less the sum of the maximum aidable number of half-day four-year-old prekindergarten pupils converted into full-day four-year-old prekindergarten pupils under each of (1) the federal preschool expansion grant for the base year plus such pupils from (2) the expanded prekindergarten program plus such pupils from (3) the expanded prekindergarten program for three- and four-year- olds plus such pupils from (4) the prekindergarten expansion grant for the base year; For the two thousand twenty--two thousand twenty-one school year and thereafter, the sum of the maximum aidable half-day four-year-old prek- indergarten pupils such district was eligible to serve for the base year from (A) the program pursuant to this section plus such pupils from (B) the pre-kindergarten expansion grant, less the maximum aidable number of S. 2506--C 24 A. 3006--C half-day four-year-old prekindergarten pupils converted into full-day four-year-old prekindergarten pupils under the prekindergarten expansion grant for the base year; (2) "Eligible half-day three-year-old prekindergarten pupils" shall equal: For the two thousand nineteen--two thousand twenty school year, the sum of the maximum aidable half-day three-year-old prekindergarten pupils such district was eligible to serve for the base year from (A) the expanded prekindergarten program plus such pupils from (B) the expanded prekindergarten for three-year-olds plus such pupils from (C) the expanded prekindergarten program for three- and four-year-olds plus such pupils from (D) the prekindergarten expansion grant, less the sum of the maximum aidable number of half-day three-year-old prekindergarten pupils converted into full-day three-year-old prekindergarten pupils under each of (1) the expanded prekindergarten program plus such pupils from (2) the expanded prekindergarten for three-year-olds plus such pupils from (3) the expanded prekindergarten program for three- and four-year-olds plus such pupils from (4) the prekindergarten expansion grant for the base year; For the two thousand twenty--two thousand twenty-one school year and thereafter, the sum of the maximum aidable half-day three-year-old prek- indergarten pupils such district was eligible to serve for the base year from (A) the program pursuant to this section plus such pupils from (B) the prekindergarten expansion grant, less the maximum aidable number of half-day three-year-old prekindergarten pupils converted into full-day three-year-old prekindergarten pupils under the prekindergarten expan- sion grant for the base year; (iv) "Unserved four-year-old prekindergarten pupils" shall mean the product of eighty-five percent multiplied by the positive difference, if any, between the sum of the public school enrollment and the nonpublic school enrollment of children attending full day and half day kindergar- ten programs in the district in the year prior to the base year less the number of resident children who attain the age of four before December first of the base year, who were served during such school year by a prekindergarten program approved pursuant to section forty-four hundred ten of this chapter, where such services are provided for more than four hours per day; (v) (1) "Prekindergarten four-year-old maintenance of effort base" shall mean the number of eligible full-day four-year-old prekindergarten pupils set forth for the district in this paragraph plus the product of one half (0.5) multiplied by the number of eligible half-day four-year- old prekindergarten pupils set forth for the district in this paragraph; (2) "Prekindergarten three-year-old maintenance of effort base" shall mean the number of eligible full-day three-year-old prekindergarten pupils set forth for the district in this paragraph plus the product of one half (0.5) multiplied by the number of eligible half-day three-year- old prekindergarten pupils set forth for the district in this paragraph; (vi) (1) "Current year four-year-old prekindergarten pupils served" shall mean the sum of full day four-year-old prekindergarten pupils served in the current year plus the product of one half (0.5) multiplied by the half day four-year-old prekindergarten pupils in the current year less the half-day four-year-old conversion overage; (2) "Current year three-year-old prekindergarten pupils served" shall mean the sum of full day three-year-old prekindergarten pupils served in the current year plus the product of one half (0.5) multiplied by the S. 2506--C 25 A. 3006--C half day three-year-old prekindergarten pupils in the current year less the half-day three-year-old conversion overage; (vii) (1) "Half-day four-year-old conversion overage" shall equal, for districts with thirty percent fewer full-day four-year-old prekindergar- ten pupils served in the current year than eligible full-day four-year- old prekindergarten pupils as set forth in this paragraph due to the conversion of full-day four-year-old prekindergarten pupils served in the current year to half-day four year-old prekindergarten pupils served in the current year, the difference of the product of seven-tenths multiplied by the eligible full-day four-year-old prekindergarten pupils rounded down to the nearest whole number, less the number of full-day four-year-old prekindergarten pupils served in the current year; (2) "Half-day three-year-old conversion overage" shall equal, for districts with thirty percent fewer full-day three-year-old prekinder- garten pupils served in the current year than eligible full-day three- year-old prekindergarten pupils as set forth in paragraph b of this subdivision due to the conversion of full-day three-year-old prekinder- garten pupils served in the current year to half-day three-year-old prekindergarten pupils served in the current year, the difference of the product of seven-tenths multiplied by the eligible full-day three-year- old prekindergarten pupils rounded down to the nearest whole number, less the number of full-day three-year-old prekindergarten pupils served in the current year; (3) Provided that a district may apply to the commissioner for a hard- ship waiver that would allow a district to convert more than thirty percent of full-day four-year-old prekindergarten pupils served in the current year to half-day four-year-old prekindergarten pupils served in the current year or three-year-old prekindergarten pupils served in the current year to half-day three-year-old prekindergarten pupils served in the current year and receive funding for such slots. Such waiver shall be granted upon a demonstration by the school district that due to a significant change in the resources available to the school district and absent this hardship waiver, the school district would be unable to serve such pupils in prekindergarten programs, without causing signif- icant disruption to other district programming; (viii) (1) "Maintenance of effort factor for four-year-olds" shall mean the quotient arrived at when dividing the current year four-year- old prekindergarten pupils served by the prekindergarten four-year-old maintenance of effort base; (2) "Maintenance of effort factor for three-year-olds" shall mean the quotient arrived at when dividing the current year three-year-old prek- indergarten pupils served by the prekindergarten three-year-old mainte- nance of effort base; (ix) For the purposes of this paragraph: (A) "Priority full-day prekindergarten program" shall mean the priori- ty full-day prekindergarten and expanded half-day prekindergarten grant program for high need students pursuant to chapter fifty-three of the laws of two thousand thirteen; (B) "Federal preschool development expansion grant" shall mean the federal preschool development expansion grant pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and 14013, Title XIV, (Public Law 112-10), as amended by section 1832(b) of Division B of the Department of Defense and Full-Year Continuing Appro- priations Act, 2011 (Pub. L. 112-10), and the Department of Education Appropriations Act, 2012 (Title III Division F of Pub. L. 112-74, the Consolidated Appropriations Act, 2012); S. 2506--C 26 A. 3006--C (C) "Expanded prekindergarten program" shall mean the expanded prekin- dergarten program for three- and four-year-olds pursuant to chapter sixty-one of the laws of two thousand fifteen; (D) "Expanded prekindergarten for three-year-olds" shall mean the expanded prekindergarten for three-year-olds in high need districts program pursuant to chapter fifty-three of the laws of two thousand sixteen; (E) "Expanded prekindergarten program for three- and four-year-olds" shall mean the expanded prekindergarten program for three- and four- year-olds pursuant to a chapter of the laws of two thousand seventeen; (F) "Prekindergarten expansion grant" shall mean the prekindergarten expansion grant for the two thousand eighteen--two thousand nineteen school year and thereafter, pursuant to subdivision eighteen of this section, to the extent such program was available subject to appropri- ation, and provided that such school district has met all requirements pursuant to this section. c. Notwithstanding any other provision of this section, the total grant payable pursuant to this section shall equal the lesser of: (i) the sum of the four-year-old grant amount plus the three-year-old grant amount computed pursuant to this subdivision for the current year, based on data on file with the commissioner as of September first of the school year immediately following or (ii) the total actual grant expend- itures incurred by the school district as approved by the commissioner. d. Notwithstanding any other provision of this section, apportionments under this section greater than the amounts provided in the two thousand sixteen--two thousand seventeen school year shall only be used to supplement and not supplant current local expenditures of state or local funds on prekindergarten programs and the number of eligible full-day four-year-old prekindergarten pupils and eligible full-day three-year- old prekindergarten pupils in such programs from such sources. Current local expenditures shall include any local expenditures of state or local funds used to supplement or extend services provided directly or via contract to eligible children enrolled in a universal prekindergar- ten program pursuant to this section. § 23-d. Section 3602-e of the education law is amended by adding a new subdivision 19 to read as follows: 19. FULL-DAY FOUR-YEAR-OLD UNIVERSAL PREKINDERGARTEN EXPANSION. A. ALLOCATION. FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO THROUGH TWO-THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEARS, SCHOOL DISTRICTS SHALL BE ELIGIBLE TO RECEIVE A GRANT AMOUNT EQUAL TO TWICE THE PRODUCT OF EXPANSION SLOTS MULTIPLIED BY SELECTED AID PER PREKINDERGARTEN PUPIL CALCULATED PURSUANT TO SUBPARAGRAPH I OF PARA- GRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY- ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, AND PROVIDED FURTHER THAT THIS ALLOCATION SHALL NOT EXCEED THE TOTAL ACTUAL FULL-DAY FOUR-YEAR-OLD UNIVERSAL PREKINDERGARTEN EXPANSION GRANT EXPENDITURES INCURRED BY THE SCHOOL DISTRICT IN THE CURRENT SCHOOL YEAR AS APPROVED BY THE COMMIS- SIONER. GRANTEES AWARDED FUNDS UNDER THIS SUBDIVISION SHALL COMPLY WITH ALL OF THE SAME RULES AND REQUIREMENTS AS THE UNIVERSAL PREKINDERGARTEN PROGRAMS PURSUANT TO THIS SECTION. B. EXPANSION SLOTS. (I) FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, FOR ELIGIBLE SCHOOL DISTRICTS, THE PRELIMINARY SLOT COUNT SHALL BE EQUAL TO THE POSITIVE DIFFERENCE OF: (1) THE PRODUCT OF THREE THOUSAND FIVE HUNDRED AND FOUR TEN-THOUSANDTHS (0.3504) AND UNSERVED FOUR-YEAR-OLD PREKINDERGARTEN PUPILS CALCULATED PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION; S. 2506--C 27 A. 3006--C LESS (2) THE SUM OF: (A) FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS SERVED IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR PURSUANT TO THIS SECTION; PLUS (B) STUDENTS SERVED IN FULL-DAY PREKIN- DERGARTEN PROGRAMS FUNDED BY GRANTS PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART IN THE YEAR PRIOR TO THE BASE YEAR. IF SUCH PRELIMINARY SLOT COUNT IS LESS THAN TEN, THE EXPANSION SLOTS SHALL BE ZERO; IF SUCH PRELIMINARY SLOT COUNT IS GREATER THAN OR EQUAL TO TEN BUT LESS THAN TWENTY, THE EXPANSION SLOTS SHALL BE TWENTY; FOR ALL OTHER ELIGIBLE DISTRICTS, THE EXPANSION SLOTS SHALL EQUAL TO THE PRELIMINARY SLOT COUNT. C. ELIGIBILITY. (I) FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, SCHOOL DISTRICTS SHALL BE ELIGIBLE FOR THIS EXPANSION IF: (1) THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPAR- AGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART IS LESS THAN TWO (2.0); AND (2) THE QUOTIENT ARRIVED AT WHEN DIVIDING: (A) THE SUM OF: (1) FULL-DAY AND HALF-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS SERVED IN THE TWO THOUSAND NINE- TEEN--TWO THOUSAND TWENTY SCHOOL YEAR PURSUANT TO THIS SECTION; PLUS (2) STUDENTS SERVED IN FULL-DAY PREKINDERGARTEN PROGRAMS FUNDED BY GRANTS PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR; DIVIDED BY (B) UNSERVED FOUR-YEAR-OLD PREKINDERGARTEN PUPILS CALCULATED PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION IS LESS THAN FIVE TENTHS (0.50). D. MAINTENANCE OF EFFORT. WHERE A SCHOOL DISTRICT SERVES FEWER FOUR- YEAR-OLD PREKINDERGARTEN PUPILS IN FULL-DAY PROGRAMS FUNDED BY THE FULL- DAY FOUR-YEAR-OLD UNIVERSAL PREKINDERGARTEN EXPANSION PURSUANT TO THIS SUBDIVISION THAN THE NUMBER OF EXPANSION SLOTS AS DEFINED IN PARAGRAPH B OF THIS SUBDIVISION, THE SCHOOL DISTRICT SHALL HAVE ITS CURRENT YEAR FULL-DAY FOUR-YEAR-OLD UNIVERSAL PREKINDERGARTEN EXPANSION PAYMENT REDUCED TO AN AMOUNT EQUAL TO THE PRODUCT OF: (I) THE FULL-DAY FOUR- YEAR-OLD UNIVERSAL PREKINDERGARTEN EXPANSION; MULTIPLIED BY (II) THE QUOTIENT OF FOUR-YEAR-OLD PREKINDERGARTEN PUPILS SERVED IN PROGRAMS FUNDED BY THE FULL-DAY FOUR-YEAR-OLD UNIVERSAL PREKINDERGARTEN EXPANSION DIVIDED BY THE NUMBER OF EXPANSION SLOTS. FUNDS PROVIDED PURSUANT TO THIS SUBDIVISION SHALL ONLY BE USED TO SUPPLEMENT AND NOT SUPPLANT CURRENT LOCAL EXPENDITURES OF STATE OR LOCAL FUNDS ON PREKINDERGARTEN PROGRAMS. E. UNIVERSAL PREKINDERGARTEN PROGRAM CONSOLIDATION. IN THE EVENT THE DIRECTOR OF THE BUDGET DETERMINES THAT THE AVAILABLE APPROPRIATION OF FEDERAL FUNDS IS INSUFFICIENT FOR THE ALLOCATION PURSUANT TO THIS SUBDI- VISION, THE DIFFERENCE BETWEEN THE AVAILABLE APPROPRIATION AND THE ALLO- CATION SHALL BE ADDED TO UNIVERSAL PREKINDERGARTEN AID GRANTS PURSUANT TO SUBDIVISION TEN OF THIS SECTION. THE DEPARTMENT SHALL DETERMINE WHICH AND HOW MANY GRANTS SHALL BE AWARDED PURSUANT TO SUBDIVISION TEN OF THIS SECTION IN LIEU OF THIS SUBDIVISION PROVIDED THAT SUCH DETERMINATION SHALL BE SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET. THE CORRESPONDING NUMBER OF EXPANSION SLOTS SHALL ALSO BE ADDED TO ELIGIBLE FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION TO ENSURE CONTI- NUITY OF SERVICES. PROVIDED THAT FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, ANY FULL-DAY FOUR-YEAR-OLD UNIVERSAL PREKINDERGARTEN EXPANSION ALLOCATION FROM THE TWO THOUSAND TWENTY- THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR NOT PREVIOUSLY ADDED TO UNIVERSAL PREKINDERGARTEN AID GRANTS PURSUANT TO THIS PARAGRAPH SHALL BE S. 2506--C 28 A. 3006--C SO ADDED, AND ALL EXPANSION SLOTS NOT PREVIOUSLY ADDED TO ELIGIBLE FULL- DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS SHALL ALSO BE ADDED. F. FUTURE EXPANSIONS. WITHIN THE ADDITIONAL AMOUNTS APPROPRIATED THEREFOR IN THE STATE BUDGETS ENACTED FOR THE TWO THOUSAND TWENTY-TWO-- TWO THOUSAND TWENTY-THREE AND TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR FISCAL YEARS, ADDITIONAL GRANTS SHALL BE ALLOCATED PURSUANT TO THIS SUBDIVISION. G. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FOR THE PURPOSES OF DETERMINING THE PREKINDERGARTEN ALLOCATION ON THE ELECTRONIC DATA FILE PREPARED BY THE COMMISSIONER PURSUANT TO SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY- ONE--TWO THOUSAND TWENTY-TWO THROUGH TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEARS, THE COMMISSIONER IS DIRECTED TO INCLUDE THE GRANT AMOUNTS AWARDED PURSUANT TO THIS SECTION IN THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "UNIVERSAL PRE-KINDERGARTEN." § 24. Intentionally omitted. § 24-a. All the acts done and proceedings heretofore had and taken or caused to be had and taken by (a) the Huntington union free school district and by all of its officers or agents relating to or in connection with final building cost reports required to be filed with the state education department for approved building projects completed prior to December 31, 2011, (b) the Liverpool central school district and by all its officers or agents relating to or in connection with certain final cost reports to be filed with the state education depart- ment for projects 0001-003, 0001-005, 0002-007, 0003-003, 0003-005, 0004-005, 0005-006, 0007-003, 0009-004, 0009-006, 0010-005, 0010-007, 0012-003, 0014-005, 0015-003, 0016-007, 0016-010, 0016-011, 0018-008, 0018-010, 0019-007, 0024-004, 4011-001, and 5008-002, and (c) the Marl- boro central school district, and by all its officers or agents relating to or in connection with certain final cost reports to be filed with the state education department for project number 006-005 and all acts inci- dental thereto are hereby legalized, validated, ratified and confirmed, notwithstanding any failure to comply with the approval and filing provisions of the education law or any other law or any other statutory authority, rule or regulation, in relation to any omission, error, defect, irregularity or illegality in such proceedings had and taken. § 24-b. Notwithstanding section 24-a of part A of chapter 57 of the laws of 2013, and consistent with section twenty-four-a of this act, the commissioner of education shall not recover from the Huntington union free school district, the Liverpool central school district, or the Marlboro central school district any penalty arising from the late filing of a final cost report pursuant to section 31 of part A of chap- ter 57 of the laws of 2012, provided that any amounts already so recov- ered shall be deemed a payment of moneys due for prior years pursuant to paragraph c of subdivision 5 of section 3604 of the education law and shall be paid to the appropriate district pursuant to such provision, provided that such school district: (a) submitted the late or missing final building cost report to the commissioner of education; (b) such cost report is approved by the commissioner of education; (c) all state funds expended by the school district, as documented in such cost report, were properly expended for such building project in accordance with the terms and conditions for such project as approved by the commissioner of education; and (d) the failure to submit such report in a timely manner was an inadvertent administrative or ministerial over- sight by the school district, and there is no evidence of any fraudulent or other improper intent by such district. S. 2506--C 29 A. 3006--C § 24-c. All the acts done and proceedings heretofore had and taken or caused to be had and taken by the Cold Spring Harbor central school district and by all officers, employees or agents of such school district relating to or in connection with a transportation contract E259217 of the 2013-14 school year, and all acts incidental hereto are hereby legalized, validated, ratified and confirmed, notwithstanding any failure to comply with the contract award, approval and filing provisions of the education law, the general municipal law or any other law or any other statutory authority, rule or regulation, other than those filing provisions defined in paragraph a of subdivision 5 of section 3604 of the education law, in relation to any omission, error, defect, irregularity or illegality in such proceeding had and taken and provided that the failure to submit a transportation contract in a time- ly manner was an inadvertent administrative or ministerial oversight by the school district, and there is no evidence of any fraudulent or other improper intent by such district. § 24-d. The state education department is hereby directed to consider the aforementioned contract for transportation aid as valid and proper obligations of the Cold Spring Harbor central school district and shall not recover from such school districts any penalty arising from the failure to submit a transportation contract in a timely manner, provided that any amounts already so recovered shall be deemed a payment of moneys due for prior years pursuant to paragraph c of subdivision 5 of section 3604 of the education law and shall be paid to the school district pursuant to such provision. § 25. Intentionally omitted. § 26. The opening paragraph of section 3609-a of the education law, as amended by section 24 of part A of chapter 56 of the laws of 2020, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the two thousand [twenty] TWENTY-ONE--two thousand [twen- ty-one] TWENTY-TWO school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individualized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to subdivision six-a and subdivision fifteen of section thir- ty-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 subdivision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdivision four of section ninety-two-c of the state finance law, less any grants provided pursuant to subdivision five of section ninety-seven-nnnn of the state finance law, less any grants provided pursuant to subdivision twelve of section thirty-six hundred forty-one of this article, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first business day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six S. 2506--C 30 A. 3006--C 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 subdivi- sion one of section thirty-six hundred two of this part shall apply to this section. For aid payable in the two thousand [twenty] TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled ["SA202-1"] "SA212-2". § 27. Intentionally omitted. § 28. Intentionally omitted. § 29. Intentionally omitted. § 30. Intentionally omitted. § 31. Intentionally omitted. § 32. Intentionally omitted. § 33. Intentionally omitted. § 34. Intentionally omitted. § 35. Intentionally omitted. § 36. Intentionally omitted. § 36-a. Intentionally omitted. § 36-b. Intentionally omitted. § 36-c. Paragraph (d) of subdivision 1 of section 2856 of the educa- tion law, as amended by section 4 of part YYY of chapter 59 of the laws of 2017, is amended to read as follows: (d) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen, two thousand sixteen--two thousand seventeen school years and thereafter. PROVIDED THAT FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE ANNUAL APPOR- TIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERICAN RESCUE PLAN ACT OF 2021. § 36-d. Paragraph (c) of subdivision 1 of section 2856 of the educa- tion law, as amended by section 4-a of part YYY of chapter 59 of the laws of 2017, is amended to read as follows: (c) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen, two thousand sixteen--two thousand seventeen school years and thereafter. PROVIDED THAT FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE ANNUAL APPOR- TIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERICAN RESCUE PLAN ACT OF 2021. § 37. Intentionally omitted. S. 2506--C 31 A. 3006--C § 37-a. Subdivision 21 of section 305 of the education law is amended by adding a new paragraph e to read as follows: E. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY, IN PREPARING AN ELECTRONIC DATA FILE PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION, FOR THE PURPOSES OF USING ESTIMATED DATA FOR PROJECTIONS OF APPORTIONMENTS FOR THE FOLLOWING SCHOOL YEAR, THE COMMISSIONER SHALL (I) CALCULATE THE NEGATIVE DIFFERENCE, IF ANY, OF THE ALLOWABLE GROWTH AMOUNT COMPUTED PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER LESS THE PRELIMINARY GROWTH AMOUNT PURSUANT TO SUCH SUBDIVISION, AND (II) INCLUDE SUCH NEGATIVE DIFFERENCE AS THE "GROWTH CAP ADJUSTMENT" IN ANY FILE THAT AGGREGATES APPORTIONMENTS OF GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PURPOSE OF DETERMINING THE AMOUNTS NECESSARY IN THE STATE FISCAL YEARS ASSOCIATED WITH THE SCHOOL YEAR ESTIMATES, PROVIDED THAT THE COMMISSIONER SHALL NOT ALLOCATE ANY AMOUNT OF SUCH GROWTH CAP ADJUSTMENT TO ANY SCHOOL DISTRICT. § 37-b. Paragraph cc of subdivision 1 of section 3602 of the education law is REPEALED. § 37-c. Paragraph c of subdivision 17 of section 3602 of the education law is REPEALED. § 37-d. Notwithstanding any provision of law or regulation to the contrary, if as a result of the state disaster emergency declared pursu- ant to Executive Order 202 of 2020, approved private schools serving students with disabilities subject to articles 81 and 89 of the educa- tion law, special act school districts, and approved preschool special class and special class in an integrated setting programs pursuant to section 4410 of the education law experience an enrollment decrease as a percentage of operating capacity of 5 percentage points or more during the 2020-21 school year as compared to the previous three year period 2016-17 through 2018-19, the state education department shall apply an enrollment adjustment factor as part of the tuition rate reconciliation process to stabilize tuition revenue, provided that the commissioner of education shall submit a plan for the implementation of such enrollment adjustment factor to the director of the budget for approval. Moreover, should such programs receive federal Paycheck Protection Program loan forgiveness revenue or other extraordinary federal revenue provided in response to the COVID-19 pandemic as defined by the state education department in consultation with the director of the budget, such revenue shall be applied as offsetting revenue for reconciliation tuition rate calculation purposes after allowable costs incurred in responding to the state disaster emergency declared pursuant to Execu- tive Order 202 of 2020 are defrayed, and such revenues shall be subtracted from total costs after the application of the nondirect care screen, provided, however, that the combined amount of tuition revenues, extraordinary federal revenues provided in response to the COVID-19 pandemic, and any other revenues available to the program that are treated as offsetting revenue shall not exceed the program's actual costs, and provided further, that the state education department shall hold harmless tuition rates in subsequent school years to reflect the impact of receipt of such extraordinary federal revenue. § 37-e. Section 4004 of the education law is amended by adding a new subdivision 5 to read as follows: 5. THE BOARD OF EDUCATION OF A SPECIAL ACT SCHOOL DISTRICT SHALL BE AUTHORIZED TO ESTABLISH A FISCAL STABILIZATION RESERVE FUND. THERE MAY BE PAID INTO SUCH FUND AN AMOUNT AS MAY BE PROVIDED PURSUANT TO THE REQUIREMENTS OF PARAGRAPH K OF SUBDIVISION FOUR OF SECTION FORTY-FOUR HUNDRED FIVE OF THIS TITLE. S. 2506--C 32 A. 3006--C § 37-f. Subdivision 4 of section 4405 of the education law is amended by adding a new paragraph k to read as follows: K. THE TUITION METHODOLOGY ESTABLISHED PURSUANT TO THIS SUBDIVISION FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND ANNUALLY THEREAFTER SHALL AUTHORIZE APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES THAT ARE LOCATED WITHIN THE STATE, AND SPECIAL ACT SCHOOL DISTRICTS TO RETAIN FUNDS IN EXCESS OF THEIR ALLOWABLE AND REIMBURSABLE COSTS INCURRED FOR SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS. THE AMOUNT OF FUNDS THAT MAY BE ANNUALLY RETAINED SHALL NOT EXCEED ONE PERCENT OF THE SCHOOL'S OR SCHOOL DISTRICT'S TOTAL ALLOWABLE AND REIMBURSABLE COSTS FOR SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS FOR THE SCHOOL YEAR FROM WHICH THE FUNDS ARE TO BE RETAINED; PROVIDED THAT THE TOTAL ACCUMULATED BALANCE THAT MAY BE RETAINED SHALL NOT EXCEED FOUR PERCENT OF SUCH TOTAL COSTS FOR SUCH SCHOOL YEAR; AND PROVIDED FURTHER THAT SUCH FUNDS SHALL NOT BE RECOVERABLE ON RECONCIL- IATION OF TUITION RATES, AND SHALL BE SEPARATE FROM AND IN ADDITION TO ANY OTHER AUTHORIZATION TO RETAIN SURPLUS FUNDS ON RECONCILIATION. FUNDS MAY BE EXPENDED ONLY PURSUANT TO AN AUTHORIZATION OF THE GOVERNING BOARD OF THE SCHOOL OR SCHOOL DISTRICT, FOR A PURPOSE EXPRESSLY AUTHORIZED AS PART OF THE APPROVED TUITION METHODOLOGY FOR THE YEAR IN WHICH THE FUNDS ARE TO BE EXPENDED, PROVIDED THAT FUNDS MAY BE EXPENDED TO PAY PRIOR YEAR OUTSTANDING DEBTS. ANY SCHOOL OR SCHOOL DISTRICT THAT RETAINS FUNDS PURSUANT TO THIS PARAGRAPH SHALL BE REQUIRED TO ANNUALLY REPORT A STATE- MENT OF THE TOTAL BALANCE OF ANY SUCH RETAINED FUNDS, THE AMOUNT, IF ANY, RETAINED IN THE PRIOR SCHOOL YEAR, THE AMOUNT, IF ANY, DISPERSED IN THE PRIOR SCHOOL YEAR, AND ANY ADDITIONAL INFORMATION REQUESTED BY THE DEPARTMENT AS PART OF THE FINANCIAL REPORTS THAT ARE REQUIRED TO BE ANNUALLY SUBMITTED TO THE DEPARTMENT. § 38. Section 3 of chapter 507 of the laws of 1974, relating to providing for the apportionment of state monies to certain nonpublic schools, to reimburse them for their expenses in complying with certain state requirements for the administration of state testing and evaluation programs and for participation in state programs for the reporting of basic educational data, as amended by chapter 347 of the laws of 2018, is amended to read as follows: § 3. Apportionment. a. The commissioner shall annually apportion to each qualifying school, for school years beginning on and after July first, nineteen hundred seventy-four, an amount equal to the actual cost incurred by each such school during the preceding school year for providing services required by law to be rendered to the state in compliance with the requirements of the state's pupil evaluation program, the basic educational data system, regents examinations, the statewide evaluation plan, the uniform procedure for pupil attendance reporting, the state's immunization program and other similar state prepared examinations and reporting procedures. PROVIDED THAT EACH NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR TO REIMBURSE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR EXPENSES SHALL SUBMIT A CLAIM FOR SUCH AID TO THE STATE EDUCATION DEPARTMENT NO LATER THAN MAY FIFTEENTH, TWO THOU- SAND TWENTY-ONE AND SUCH CLAIMS SHALL BE PAID BY THE STATE EDUCATION DEPARTMENT NO LATER THAN JUNE THIRTIETH, TWO THOUSAND TWENTY-ONE. PROVIDED FURTHER THAT EACH NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER SHALL SUBMIT A CLAIM FOR SUCH AID TO THE STATE EDUCATION DEPARTMENT NO LATER THAN APRIL FIRST OF THE SCHOOL YEAR IN WHICH AID IS S. 2506--C 33 A. 3006--C PAYABLE AND SUCH CLAIMS SHALL BE PAID BY THE STATE EDUCATION DEPARTMENT NO LATER THAN MAY THIRTY-FIRST OF SUCH SCHOOL YEAR. b. Such nonpublic schools shall be eligible to receive aid based on the number of days or portion of days attendance is taken and either a 5.0/5.5 hour standard instructional day, or another work day as certi- fied by the nonpublic school officials, in accordance with the methodol- ogy for computing salary and benefits applied by the department in paying aid for the two thousand twelve--two thousand thirteen and prior school years. c. The commissioner shall annually apportion to each qualifying school in the cities of New York, Buffalo and Rochester, for school years beginning on or after July first two thousand sixteen, an amount equal to the actual cost incurred by each such school during the preceding school year in meeting the recording and reporting requirements of the state school immunization program, provided that the state's liability shall be limited to the amount appropriated for this purpose. § 39. 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 30 of part A of chapter 56 of the laws of 2020, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section for the reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, reimbursement for the 2019--2020 school year shall not exceed 57.7 percent of the lesser of such approvable costs per contact hour or fifteen dollars sixty cents per contact hour, [and] reimbursement for the 2020--2021 school year shall not exceed 56.9 percent of the lesser of such approvable costs per contact hour or sixteen dollars and twen- ty-five cents per contact hour, AND REIMBURSEMENT FOR THE 2021--2022 SCHOOL YEAR SHALL NOT EXCEED 56.0 PERCENT OF THE LESSER OF SUCH APPROVA- BLE COSTS PER CONTACT HOUR OR SIXTEEN DOLLARS AND FORTY CENTS PER CONTACT HOUR, and 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 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school year such contact hours shall not exceed one million four hundred forty-four thousand four hundred forty-four (1,444,444); [and] for the 2020--2021 school year such contact hours shall not exceed one million four hundred six thousand nine hundred twenty-six (1,406,926); AND FOR THE 2021--2022 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED SIXTEEN THOUSAND ONE HUNDRED TWENTY-TWO (1,416,122). Notwithstanding 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 education, not to exceed the contact hours set forth herein, were eligible for aid in accordance with the provisions of such subdivi- sion 11 of section 3602 of the education law. § 40. 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 z to read as follows: S. 2506--C 34 A. 3006--C Z. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2021--2022 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000). § 41. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 32 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2021] 2022. § 41-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- tion law, as amended by section 32-a of part A of chapter 56 of the laws of 2020, 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 through two thousand [twenty] TWENTY-ONE--two thou- sand [twenty-one] TWENTY-TWO, 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. § 42. 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 section 34 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 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, [2021] 2022 when upon such date the provisions of this act shall be deemed repealed. § 43. 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 section 35 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 4. This act shall take effect July 1, 2002 and section one of this act shall expire and be deemed repealed June 30, 2019, and sections two and three of this act shall expire and be deemed repealed on June 30, [2021] 2022. § 44. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to the implementation of the No Child Left Behind Act of 2001, as amended by section 36 of part A of chapter 56 of the laws of 2020, is amended to read as follows: § 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, [2021] 2022. S. 2506--C 35 A. 3006--C § 45. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2021--2022 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational 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. § 46. 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 2022 and not later than the last day of the third full business week of June 2022, a school district eligible for an apportion- ment 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, 2022, for salary expenses incurred between April 1 and June 30, 2021 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 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 educa- tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- nation adjustment for 2011--2012 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. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year S. 2506--C 36 A. 3006--C 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. § 46-a. Subdivision a of section 5 of chapter 121 of the laws of 1996, relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, as amended by section 42-a of part A of chapter 56 of the laws of 2020, is amended to read as follows: a. Notwithstanding any other provisions of law, upon application to the commissioner of education submitted not sooner than April first and not later than June thirtieth of the applicable school year, the Roose- velt union free school district shall be eligible to receive an appor- tionment pursuant to this chapter for salary expenses, including related benefits, incurred between April first and June thirtieth of such school year. Such apportionment shall not exceed: for the 1996-97 school year through the [2020-21] 2021-22 school year, four million dollars ($4,000,000); for the [2021-22] 2022-23 school year, three million dollars ($3,000,000); for the [2022-23] 2023-24 school year, two million dollars ($2,000,000); for the [2023-24] 2024-25 school year, one million dollars ($1,000,000); and for the [2024-25] 2025-26 school year, zero dollars. Such annual application shall be made after the board of education has adopted a resolution to do so with the approval of the commissioner of education. § 47. 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, 2022, 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, 2022 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance S. 2506--C 37 A. 3006--C 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. § 48. 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 2021--2022 school year, as a non-component school district, services required by article 19 of the education law. § 49. The amounts specified in this section shall be a set-aside from the state funds which each such district is receiving from the total foundation aid: a. for the development, maintenance or expansion of magnet schools or magnet school programs for the 2021--2022 school year. For the city school district of the city of New York there shall be a setaside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars S. 2506--C 38 A. 3006--C ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). b. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such setaside 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 associ- ated with implementation of an alternative approach to promote diversity and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substan- tial concentrations of minority students. c. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this paragraph, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance improvement and dropout prevention for the 2021--2022 school year, and 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 2021--2022 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 section to communi- ty-based organizations. Any increase required pursuant to this section 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 2021--2022 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty-six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion 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 distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate 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. 2506--C 39 A. 3006--C § 50. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2021 enacting the aid to localities budget shall be apportioned for the 2021--2022 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 2021--2022 by a chapter of the laws of 2021 enacting the education, labor and fami- ly assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of educa- tion 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. § 51. 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. § 52. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2021, provided, however, that: 1. Sections one, ten-a, ten-b, twelve-b, thirteen-a, fourteen-a, twen- ty-three, twenty-six, thirty-seven-a, thirty-seven-b, thirty-seven-c, forty-one, forty-three, forty-four, forty-five, forty-eight and forty- nine of this act shall take effect July 1, 2021; 2. Section twenty-two-b of this act shall take effect July 1, 2021 and shall expire June 30, 2024 when upon such date the provisions of such section shall be deemed repealed; 3. The amendments to paragraph (d) of subdivision 1 of section 2856 of the education law made by section thirty-six-c of this act shall be subject to the expiration 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 thirty-six-d of this act shall take effect; and 4. The amendments to chapter 756 of the laws of 1992 made by sections thirty-nine and forty of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. PART B Intentionally Omitted S. 2506--C 40 A. 3006--C PART C Intentionally Omitted PART D Section 1. Section 4 of subpart A of part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, as amended by section 1 of part Q of chapter 54 of the laws of 2016, is amended to read as follows: § 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2021] 2026. § 2. Section 4 of subpart B of part D of chapter 58 of the laws of 2011 amending the education law relating to procurement in support of the state and city universities, as amended by section 2 of part Q of chapter 54 of the laws of 2016, is amended to read as follows: § 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2021] 2026. § 3. Section 3 of subpart C of part D of chapter 58 of the laws of 2011 amending the education law relating to state university health care facilities, as amended by section 3 of part Q of chapter 54 of the laws of 2016, is amended to read as follows: § 3. This act shall take effect immediately, and shall expire and be deemed repealed June 30, [2021] 2026. § 4. This act shall take effect immediately. PART E Intentionally Omitted PART F Section 1. Notwithstanding any provision of law or regulation to the contrary, for purposes of an award made pursuant to subparts 2 through 4 of part 2 of article 14 of the education law in the 2019--2020 or 2020- -2021 academic years, any semester, quarter or term that a recipient of such an award is unable to complete as a result of the COVID-19 pandemic state disaster emergency declared March 7, 2020, as certified by a college or university and approved by the New York state higher educa- tion services corporation, shall not be considered for purposes of determining the maximum duration of such award for that recipient, and provided further that no such recipient shall suffer a reduction in the original award amount granted pursuant to such subparts in such academic years solely due to inability to complete any semester, quarter or term as a result of the COVID-19 pandemic state disaster emergency declared March 7, 2020, as certified by a college or university and approved by the New York state higher education services corporation. § 2. This act shall take effect immediately. PART G Section 1. Subdivision 2 of section 669-h of the education law, as amended by section 1 of part T of chapter 56 of the laws of 2018, is amended to read as follows: S. 2506--C 41 A. 3006--C 2. Amount. Within amounts appropriated therefor and based on avail- ability of funds, awards shall be granted beginning with the two thou- sand seventeen--two thousand eighteen academic year and thereafter to applicants that the corporation has determined are eligible to receive such awards. The corporation shall grant such awards in an amount up to five thousand five hundred dollars or actual tuition, whichever is less; provided, however, (a) a student who receives educational grants and/or scholarships that cover the student's full cost of attendance shall not be eligible for an award under this program; and (b) an award under this program shall be applied to tuition after the application of payments received under the tuition assistance program pursuant to section six hundred sixty-seven of this subpart, tuition credits pursuant to section six hundred eighty-nine-a of this article, federal Pell grant pursuant to section one thousand seventy of title twenty of the United States code, et seq., and any other program that covers the cost of attendance unless exclusively for non-tuition expenses, and the award under this program shall be reduced in the amount equal to such payments, provided that the combined benefits do not exceed five thousand five hundred dollars. Upon notification of an award under this program, the institu- tion shall defer the amount of tuition. Notwithstanding paragraph h of subdivision two of section three hundred fifty-five and paragraph (a) of subdivision seven of section six thousand two hundred six of this chap- ter, and any other law, rule or regulation to the contrary, the under- graduate tuition charged by the institution to recipients of an award shall not exceed the tuition rate established by the institution for the two thousand sixteen--two thousand seventeen academic year provided, however, that in the two thousand [twenty-one] TWENTY-THREE--two thou- sand [twenty-two] TWENTY-FOUR academic year and every [four years] YEAR thereafter, the undergraduate tuition charged by the institution to recipients of an award shall be reset to equal the tuition rate estab- lished by the institution for the forthcoming academic year, provided further that the tuition credit calculated pursuant to section six hundred eighty-nine-a of this article shall be applied toward the tuition rate charged for recipients of an award under this program. Provided further that the state university of New York and the city university of New York shall provide an additional tuition credit to students receiving an award to cover the remaining cost of tuition. § 2. This act shall take effect immediately. PART H Section 1. Subdivision 1 of section 504 of the executive law, as added by chapter 465 of the laws of 1992, is amended to read as follows: 1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall operate and maintain secure, limited secure and non-secure facilities for the care, custody, treatment, housing, education, rehabilitation and guid- ance of youth placed with or committed to the [division] OFFICE OF CHIL- DREN AND FAMILY SERVICES. § 2. (a) Notwithstanding the time period required for notice pursuant to subdivision 15 of section 501 of the executive law, the office of children and family services is authorized to close the Red Hook Resi- dential Center and the Columbia Girls Secure Center. At least six months prior to taking any such action, the commissioner of such office 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. S. 2506--C 42 A. 3006--C (b) The commissioner of the office of children and family services shall be authorized to conduct any and all preparatory actions which may be required to effectuate such closures. A permanent class employee affected by such closures shall be placed upon a transfer list pursuant to section 78 of the civil service law. § 3. This act shall take effect immediately. PART I Section 1. Section 3 of part N of chapter 56 of the laws of 2020 amending the social services law relating to restructuring financing for residential school placements, is amended to read as follows: § 3. This act shall take effect immediately and shall expire and be deemed repealed April 1, 2022; provided however that the amendments to subdivision 10 of section 153 of the social services law made by section one of this act, shall not affect the expiration of such subdivision and shall be deemed to expire therewith. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2022. PART J Section 1. Section 9 of part G of chapter 57 of the laws of 2013, amending the executive law and the social services law relating to consolidating the youth development and delinquency prevention program and the special delinquency prevention program, as amended by section 1 of part I of chapter 56 of the laws of 2018, is amended to read as follows: § 9. This act shall take effect January 1, 2014 [and shall expire and be deemed repealed on December 31, 2021]. § 2. This act shall take effect immediately. PART K Section 1. Section 4 of part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooper- ative educational services to enter into contracts with the commissioner of children and family services to provide certain services, as amended by section 1 of part J of chapter 56 of the laws of 2018, is amended to read as follows: § 4. This act shall take effect July 1, 2012 [and shall expire June 30, 2021 when upon such date the provisions of this act shall be deemed repealed]. § 2. This act shall take effect immediately. PART L Section 1. Paragraph (g) of subdivision 3 of section 358-a of the social services law, as amended by section 4 of subpart L of part XX of chapter 55 of the laws of 2020, is amended to read as follows: (g) (I) In any case in which an order has been issued pursuant to this section approving a foster care placement instrument, the social services official or authorized agency charged with custody or care of the child shall report THE INITIAL PLACEMENT AND any anticipated change in placement to the court and the attorneys for the parties, including the attorney for the child, forthwith, but not later than one business day following either the decision TO MAKE THE INITIAL PLACEMENT OR to S. 2506--C 43 A. 3006--C change the placement or the actual date the INITIAL PLACEMENT OR place- ment change occurred, whichever is sooner. Such notice shall indicate the date that the placement change is anticipated to occur or the date the placement change occurred, as applicable. Provided, however, if such notice lists an anticipated date for the INITIAL PLACEMENT OR placement change, the local social services district or authorized agency shall subsequently notify the court and attorneys for the parties, including the attorney for the child, of the date the placement OR PLACEMENT change occurred; such notice shall occur no later than one business day following the placement OR PLACEMENT change. (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THIS CHAPTER, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMINATION OF SUCH PLACEMENT IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH COURT REVIEW SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 1-a. Section 371 of the social services law is amended by adding a new subdivision 22 to read as follows: 22. "SUPERVISED SETTING" SHALL MEAN A RESIDENTIAL PLACEMENT IN THE COMMUNITY APPROVED AND SUPERVISED BY AN AUTHORIZED AGENCY OR THE LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES TO PROVIDE A TRANSITIONAL EXPERI- ENCE FOR OLDER YOUTH IN WHICH SUCH YOUTH MAY LIVE INDEPENDENTLY. A SUPERVISED SETTING INCLUDES, BUT IS NOT LIMITED TO, PLACEMENT IN A SUPERVISED INDEPENDENT LIVING PROGRAM, AS DEFINED IN SUBDIVISION TWEN- TY-ONE OF THIS SECTION. § 1-b. Paragraph (c) of subdivision 2 of section 383-a of the social services law, as added by section 5 of part M of chapter 54 of the laws of 2016, is amended to read as follows: (c) "Child care facility" shall mean an institution, group residence, group home, agency operated boarding home, or supervised SETTING, INCLUDING A SUPERVISED independent living program. § 2. The social services law is amended by adding a new section 393 to read as follows: § 393. COURT REVIEW OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAPTER, OR WHOSE CUSTODY AND GUARDIANSHIP WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED EIGHTY-FOUR-B OF THIS TITLE. 2. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFER- ENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: S. 2506--C 44 A. 3006--C (I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE; (II) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN; AND (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, WHERE THE QUALIFIED INDI- VIDUAL DETERMINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESI- DENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE IN ACCORDANCE WITH THE ASSESSMENT REQUIRED PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF: (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (1) CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM; (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (3) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE CHILD'S BEST INTEREST; AND (B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH. (IV) NOTHING HEREIN SHALL PROHIBIT THE COURT FROM CONSIDERING OTHER RELEVANT AND NECESSARY INFORMATION TO MAKE A DETERMINATION. (B) AT THE CONCLUSION OF THE REVIEW, IF THE COURT DISAPPROVES PLACE- MENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM THE COURT SHALL, ON ITS OWN MOTION, DETERMINE A SCHEDULE FOR THE RETURN OF THE CHILD AND DIRECT THE LOCAL SOCIAL SERVICES DISTRICT TO MAKE SUCH OTHER ARRANGEMENTS FOR THE CHILD'S CARE AND WELFARE THAT IS IN THE BEST INTER- EST OF THE CHILD AND IN THE MOST EFFECTIVE AND LEAST RESTRICTIVE SETTING AS THE FACTS OF THE CASE MAY REQUIRE. IF A NEW PLACEMENT ORDER IS NECES- SARY DUE TO RESTRICTIONS IN THE EXISTING GOVERNING PLACEMENT ORDER, THE COURT MAY ISSUE A NEW ORDER. 3. THE COURT MAY, ON ITS OWN MOTION, OR THE MOTION OF ANY OF THE PARTIES OR THE ATTORNEY FOR THE CHILD, PROCEED WITH THE COURT REVIEW REQUIRED PURSUANT TO THIS SECTION ON THE BASIS OF THE WRITTEN RECORDS RECEIVED AND WITHOUT A HEARING. PROVIDED HOWEVER, THE COURT MAY ONLY PROCEED WITH THE COURT REVIEW WITHOUT A HEARING PURSUANT TO THIS SUBDI- VISION UPON THE CONSENT OF ALL PARTIES. PROVIDED FURTHER, IN THE EVENT THAT THE COURT CONDUCTS THE COURT REVIEW REQUIREMENT PURSUANT TO THIS SECTION BUT DOES NOT CONDUCT IT IN A HEARING, THE COURT SHALL ISSUE A WRITTEN ORDER SPECIFYING ANY DETERMINATIONS MADE PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION AND PROVIDE SUCH WRITTEN ORDER TO THE PARTIES AND THE ATTORNEY FOR THE CHILD EXPEDITIOUSLY, BUT NO LATER THAN FIVE DAYS. 4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE CHILD'S CASE RECORD. 5. NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S REVIEW OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT S. 2506--C 45 A. 3006--C NOT LIMITED TO THE CHILD'S PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 2-a. Subparagraph 1 of paragraph (g) of subdivision 6 and subdivi- sion 10 of section 398 of the social services law, subparagraph 1 of paragraph (g) of subdivision 6 as amended by chapter 3 of the laws of 2012 and subdivision 10 as amended by chapter 563 of the laws of 1986, are amended to read as follows: (1) Place children in its care and custody or its custody and guardi- anship, in suitable instances, in SUPERVISED SETTINGS, family homes, agency boarding homes, group homes or institutions under the proper safeguards. Such placements can be made either directly, or through an authorized agency, except that, direct placements in agency boarding homes or group homes may be made by the social services district only if the office of children and family services has authorized the district to operate such homes in accordance with the provisions of section three hundred seventy-four-b of this [chapter] ARTICLE and only if suitable care is not otherwise available through an authorized agency under the control of persons of the same religious faith as the child. Where such district places a child in [an] A SUPERVISED SETTING, agency boarding home, group home or institution, either directly, or through an author- ized agency, the district shall certify in writing to the office of children and family services, that such placement was made because it offers the most appropriate and least restrictive level of care for the child, and, is more appropriate than a family foster home placement, or, that such placement is necessary because there are no qualified foster families available within the district who can care for the child. If placements in agency boarding homes, group homes or institutions are the result of a lack of foster parents within a particular district, the office of children and family services shall assist such district to recruit and train foster parents. Placements shall be made only in institutions visited, inspected and supervised in accordance with title three of article seven of this chapter and conducted in conformity with the applicable regulations of the supervising state agency in accordance with title three of article seven of this chapter. With the approval of the office of children and family services, a social services district may place a child in its care and custody or its custody and guardian- ship in a federally funded job corps program and may receive reimburse- ment for the approved costs of appropriate program administration and supervision pursuant to a plan developed by the department and approved by the director of the budget. 10. Any provision of this chapter or any other law notwithstanding, where a foster child for whom a social services official has been making foster care payments is in attendance at a college or university away from his OR HER foster family boarding home, group home, agency boarding home or institution, AND RESIDING IN A SUPERVISED SETTING OR OTHER APPROVED LOCATION, a social services official may make foster payments, [not to exceed the amount which would have been paid to a foster parent on behalf of said child had the child been cared for in a foster family boarding home] AT A RATE TO BE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, to such college or university, PROVIDER OF ROOM AND BOARD, OR YOUTH, AS APPROPRIATE, in lieu of payment to the foster parents or authorized agency, for the purpose of room and board, if not otherwise provided. SUCH RATE SHALL BE NO LOWER THAN THE RATE PAID FOR A CHILD'S CARE IN A FOSTER FAMILY BOARDING HOME. § 3. The social services law is amended by adding a new section 409-h to read as follows: S. 2506--C 46 A. 3006--C § 409-H. ASSESSMENT OF APPROPRIATENESS OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 1. (A) PRIOR TO A CHILD'S PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION, BUT AT LEAST WITHIN THIRTY DAYS OF THE START OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM OF A CHILD IN THE CARE AND CUSTODY OR THE CUSTODY AND GUARDIANSHIP OF THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES THAT OCCURS ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, A QUALIFIED INDIVIDUAL AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION SHALL COMPLETE AN ASSESSMENT AS TO THE APPROPRIATENESS OF SUCH PLACEMENT UTILIZING AN AGE-APPROPRIATE, EVIDENCE-BASED, VALIDATED, FUNCTIONAL ASSESSMENT TOOL APPROVED BY THE FEDERAL GOVERNMENT FOR SUCH PURPOSE. SUCH ASSESSMENT SHALL BE IN ACCORDANCE WITH 42 UNITED STATES CODE SECTIONS 672 AND 675A AND THE STATE'S APPROVED TITLE IV-E STATE PLAN AND SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) AN ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE CHILD; AND (II) A DETERMINATION OF THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE SETTING, INCLUDING WHETHER THE NEEDS OF THE CHILD CAN BE MET WITH FAMILY MEMBERS OR THROUGH PLACEMENT IN A FOSTER FAMILY HOME, OR IN A SETTING SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION, CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN. SUCH ASSESSMENT SHALL BE COMPLETED IN CONJUNCTION WITH THE FAMILY AND PERMANENCY TEAM ESTABLISHED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION. (B) THE FAMILY AND PERMANENCY TEAM SHALL CONSIST OF ALL APPROPRIATE BIOLOGICAL FAMILY MEMBERS, RELATIVES, AND FICTIVE KIN OF THE CHILD, AS WELL AS, AS APPROPRIATE, PROFESSIONALS WHO ARE A RESOURCE TO THE FAMILY OF THE CHILD, INCLUDING BUT NOT LIMITED TO, THE ATTORNEY FOR THE CHILD OR THE ATTORNEY FOR THE PARENT IF APPLICABLE, TEACHERS, MEDICAL OR MENTAL HEALTH PROVIDERS WHO HAVE TREATED THE CHILD, OR CLERGY. IN THE CASE OF A CHILD WHO HAS ATTAINED THE AGE OF FOURTEEN, THE FAMILY AND PERMANENCY TEAM SHALL INCLUDE THE MEMBERS OF THE PERMANENCY PLANNING TEAM FOR THE CHILD IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 675 AND THE STATE'S APPROVED TITLE IV-E STATE PLAN. (C) WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE CHILD MAY NOT BE PLACED IN A FOSTER FAMILY HOME, THE QUALIFIED INDIVIDUAL MUST SPECIFY IN WRITING THE REASONS WHY THE NEEDS OF THE CHILD CANNOT BE MET BY THE CHILD'S FAMILY OR IN A FOSTER FAMILY HOME. A SHORTAGE OR LACK OF FOSTER FAMILY HOMES SHALL NOT CONSTITUTE CIRCUMSTANCES WARRANTING A DETERMI- NATION THAT THE NEEDS OF THE CHILD CANNOT BE MET IN A FOSTER FAMILY HOME. THE QUALIFIED INDIVIDUAL SHALL ALSO INCLUDE WHY SUCH A PLACEMENT IS NOT THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR SUCH CHILD. SUCH DETERMINATION SHALL INCLUDE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACEMENT IN: (I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE; (II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THIS ARTICLE, A SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM OR PARENTING SUPPORTS FOR YOUTH; OR (IV) A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 2. THE QUALIFIED INDIVIDUAL OR THEIR DESIGNEE SHALL PROMPTLY, BUT NO LATER THAN FIVE DAYS FOLLOWING THE COMPLETION OF THE ASSESSMENT, PROVIDE THE ASSESSMENT, DETERMINATION AND DOCUMENTATION PURSUANT TO SUBDIVISION S. 2506--C 47 A. 3006--C ONE OF THIS SECTION TO THE COURT, THE PARENT OR GUARDIAN OF THE CHILD, AND TO THE ATTORNEY FOR THE CHILD AND THE ATTORNEY FOR THE PARENT, IF APPLICABLE, AND A WRITTEN SUMMARY DETAILING THE ASSESSMENT FINDINGS REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION TO EITHER THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES THAT HAS CARE AND CUSTODY OR CUSTODY AND GUARDIANSHIP OF THE CHILD, AS APPLICABLE, AND THE PARTIES TO THE PROCEEDING, REDACTING ANY INFORMATION NECESSARY TO COMPLY WITH FEDERAL AND STATE CONFIDENTIALITY LAWS. 3. WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE AFTER THE ASSESSMENT CONDUCTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE CHILD'S PLACEMENT SHALL CONTINUE UNTIL THE COURT HAS AN OPPORTUNITY TO HOLD A HEARING TO CONSIDER THE QUALIFIED INDIVIDUAL'S ASSESSMENT AND MAKE AN INDEPENDENT DETERMINATION REQUIRED PURSUANT TO SECTION THREE HUNDRED NINETY-THREE OF THIS ARTICLE OR SECTIONS 353.7, SEVEN HUNDRED FIFTY-SIX-B, ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND NINE- TY-ONE-A OR ONE THOUSAND NINETY-SEVEN OF THE FAMILY COURT ACT, AS APPLI- CABLE. PROVIDED HOWEVER, NOTHING HEREIN SHALL PROHIBIT A MOTION FROM BEING FILED PURSUANT TO SECTIONS 355.1, SEVEN HUNDRED SIXTY-FOUR OR ONE THOUSAND EIGHTY-EIGHT OF THE FAMILY COURT ACT, AS APPLICABLE. IF THE APPROPRIATE PARTY FILES SUCH MOTION, THE COURT SHALL HOLD A HEARING, AS REQUIRED, AND ALSO COMPLETE THE ASSESSMENT REQUIRED PURSUANT TO SECTION THREE HUNDRED NINETY-THREE OF THIS ARTICLE OR SECTIONS 353.7, SEVEN HUNDRED FIFTY-SIX-B, ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND NINETY-ONE-A OR ONE THOUSAND NINETY-SEVEN OF THE FAMILY COURT ACT, AS APPLICABLE, AT THE SAME TIME. THE COURT SHALL CONSIDER ALL RELEVANT AND NECESSARY INFORMATION AS REQUIRED AND MAKE A DETERMINATION ABOUT THE APPROPRIATENESS OF THE CHILD'S PLACEMENT BASED ON STANDARDS REQUIRED PURSUANT TO THE APPLICABLE SECTIONS. 4. "QUALIFIED RESIDENTIAL TREATMENT PROGRAM" MEANS A PROGRAM THAT IS A NON-FOSTER FAMILY RESIDENTIAL PROGRAM IN ACCORDANCE WITH 42 UNITED STATE CODE SECTIONS 672 AND 675A AND THE STATE'S APPROVED TITLE IV-E STATE PLAN. 5. "QUALIFIED INDIVIDUAL" SHALL MEAN A TRAINED PROFESSIONAL OR LICENSED CLINICIAN ACTING WITHIN THEIR SCOPE OF PRACTICE WHO SHALL HAVE CURRENT OR PREVIOUS RELEVANT EXPERIENCE IN THE CHILD WELFARE FIELD. PROVIDED HOWEVER, SUCH INDIVIDUAL SHALL NOT BE AN EMPLOYEE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, NOR SHALL SUCH PERSON HAVE A DIRECT ROLE IN CASE MANAGEMENT OR CASE PLANNING DECISION MAKING AUTHORITY FOR THE CHILD FOR WHOM SUCH ASSESSMENT IS BEING CONDUCTED, IN ACCORDANCE WITH 42 UNITED STATES CODE SECTIONS 672 AND 675A AND THE STATE'S APPROVED TITLE IV-E STATE PLAN. § 4. The family court act is amended by adding a new section 353.7 to read as follows: § 353.7. PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A NON-SECURE SETTING THAT IS A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE. 2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALIFIED RESIDENTIAL S. 2506--C 48 A. 3006--C TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW TO THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI- CATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE RESPONDENT, THE COURT SHALL SCHEDULE A COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMI- NATION OF SUCH PLACEMENT IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH COURT REVIEW SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; AND (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL- IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, WHERE A QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALI- FIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE IN ACCORDANCE WITH THE ASSESSMENT REQUIRED PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF: (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (1) CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM; (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND S. 2506--C 49 A. 3006--C (3) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM SERVES THE RESPONDENT'S NEEDS AND BEST INTERESTS OR THE NEED FOR PROTECTION OF THE COMMUNITY; AND (B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH. (IV) NOTHING HEREIN SHALL PROHIBIT THE COURT FROM CONSIDERING OTHER RELEVANT AND NECESSARY INFORMATION TO MAKE A DETERMINATION. (B) AT THE CONCLUSION OF THE REVIEW, IF THE COURT DISAPPROVES PLACE- MENT OF THE RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM THE COURT SHALL, ON ITS OWN MOTION, DETERMINE A SCHEDULE FOR THE RETURN OF THE RESPONDENT AND DIRECT THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE OF CHILDREN AND FAMILY SERVICES, AS APPLICABLE, TO MAKE SUCH OTHER ARRANGEMENTS FOR THE RESPONDENT'S CARE AND WELFARE THAT IS IN THE BEST INTEREST OF THE RESPONDENT AND IN THE MOST EFFECTIVE AND LEAST RESTRIC- TIVE SETTING AS THE FACTS OF THE CASE MAY REQUIRE. IF A NEW PLACEMENT ORDER IS NECESSARY DUE TO RESTRICTIONS IN THE EXISTING GOVERNING PLACE- MENT ORDER, THE COURT MAY ISSUE A NEW ORDER. 4. THE COURT MAY, ON ITS OWN MOTION, OR THE MOTION OF ANY OF THE PARTIES OR THE ATTORNEY FOR THE RESPONDENT, PROCEED WITH THE COURT REVIEW REQUIRED PURSUANT TO THIS SECTION ON THE BASIS OF THE WRITTEN RECORDS RECEIVED AND WITHOUT A HEARING. PROVIDED HOWEVER, THE COURT MAY ONLY PROCEED WITH THE COURT REVIEW WITHOUT A HEARING PURSUANT TO THIS SUBDIVISION UPON THE CONSENT OF ALL PARTIES. PROVIDED FURTHER, IN THE EVENT THAT THE COURT CONDUCTS THE COURT REVIEW REQUIREMENT PURSUANT TO THIS SECTION BUT DOES NOT CONDUCT IT IN A HEARING, THE COURT SHALL ISSUE A WRITTEN ORDER SPECIFYING ANY DETERMINATIONS MADE PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION AND PROVIDE SUCH WRITTEN ORDER TO THE PARTIES AND THE ATTORNEY FOR THE RESPONDENT EXPEDITIOUSLY, BUT NO LATER THAN FIVE DAYS. 5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD. 6. NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S REVIEW OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH RESPONDENT, INCLUD- ING BUT NOT LIMITED TO THE RESPONDENT'S PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACE- MENT. § 5. Section 355.5 of the family court act is amended by adding a new subdivision 10 to read as follows: 10. WHERE THE RESPONDENT REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTO- DY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT: (A) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPOND- ENT, AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; (B) DOCUMENTING THE SPECIFIC TREATMENT AND SERVICE NEEDS THAT WILL BE MET FOR THE RESPONDENT IN THE PLACEMENT AND THE LENGTH OF TIME THE RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND S. 2506--C 50 A. 3006--C (C) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE RESPONDENT TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME. § 6. Section 756-a of the family court act is amended by adding a new subdivision (h) to read as follows: (H) WHERE THE RESPONDENT REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT: (I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE RESPONDENT CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS OF THE RESPONDENT, AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; (II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE MET FOR THE RESPONDENT IN THE PLACEMENT AND THE LENGTH OF TIME THE RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND (III) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE RESPONDENT TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME. § 7. The family court act is amended by adding a new section 756-b to read as follows: § 756-B. COURT REVIEW OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART. 2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO THIS PART, SUCH SOCIAL SERVICES DISTRICT SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALI- FIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART RESIDES IN A QUAL- IFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED S. 2506--C 51 A. 3006--C NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN- TY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMI- NATION OF SUCH PLACEMENT IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH COURT REVIEW SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (I) CONSIDER THE ASSESSMENT, DETERMINATION AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN; AND (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL- IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALI- FIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE IN ACCORDANCE WITH THE ASSESSMENT REQUIRED PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF: (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (1) CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM; (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (3) THAT IT WOULD BE CONTRARY TO THE WELFARE OF THE RESPONDENT TO BE PLACED IN A LESS RESTRICTIVE SETTING AND THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE RESPONDENT'S BEST INTEREST; AND (B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH. (IV) NOTHING HEREIN SHALL PROHIBIT THE COURT FROM CONSIDERING OTHER RELEVANT AND NECESSARY INFORMATION TO MAKE A DETERMINATION. (B) AT THE CONCLUSION OF THE REVIEW, IF THE COURT DISAPPROVES PLACE- MENT OF THE RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM THE COURT SHALL, ON ITS OWN MOTION, DETERMINE A SCHEDULE FOR THE RETURN OF THE RESPONDENT AND DIRECT THE LOCAL SOCIAL SERVICES DISTRICT TO MAKE SUCH OTHER ARRANGEMENTS FOR THE RESPONDENT'S CARE AND WELFARE THAT IS IN THE BEST INTEREST OF THE RESPONDENT AND IN THE MOST EFFECTIVE AND LEAST RESTRICTIVE SETTING AS THE FACTS OF THE CASE MAY REQUIRE. IF A NEW PLACEMENT ORDER IS NECESSARY DUE TO RESTRICTIONS IN THE EXISTING GOVERN- ING PLACEMENT ORDER, THE COURT MAY ISSUE A NEW ORDER. 4. THE COURT MAY, ON ITS OWN MOTION, OR THE MOTION OF ANY OF THE PARTIES OR THE ATTORNEY FOR THE RESPONDENT, PROCEED WITH THE COURT S. 2506--C 52 A. 3006--C REVIEW REQUIRED PURSUANT TO THIS SECTION ON THE BASIS OF THE WRITTEN RECORDS RECEIVED AND WITHOUT A HEARING. PROVIDED HOWEVER, THE COURT MAY ONLY PROCEED WITH THE COURT REVIEW WITHOUT A HEARING PURSUANT TO THIS SUBDIVISION UPON THE CONSENT OF ALL PARTIES. PROVIDED FURTHER, IN THE EVENT THAT THE COURT CONDUCTS THE COURT REVIEW REQUIREMENT PURSUANT TO THIS SECTION BUT DOES NOT CONDUCT IT IN A HEARING, THE COURT SHALL ISSUE A WRITTEN ORDER SPECIFYING ANY DETERMINATIONS MADE PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION AND PROVIDE SUCH WRITTEN ORDER TO THE PARTIES AND THE ATTORNEY FOR THE RESPONDENT EXPEDITIOUSLY, BUT NO LATER THAN FIVE DAYS. 5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD. 6. NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S REVIEW OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH RESPONDENT, INCLUD- ING BUT NOT LIMITED TO THE RESPONDENT'S PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACE- MENT. § 8. The opening paragraph of subdivision 5 of section 1017 of the family court act is designated paragraph (a) and a new paragraph (b) is added to read as follows: (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMINATION OF SUCH PLACEMENT IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH COURT REVIEW SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 9. The opening paragraph of subdivision (j) of section 1055 of the family court act is designated paragraph (i) and a new paragraph (ii) is added to read as follows: (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (I) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMINATION OF SUCH PLACEMENT IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS PART. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH COURT REVIEW SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 10. The family court act is amended by adding a new section 1055-c to read as follows: § 1055-C. COURT REVIEW OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD S. 2506--C 53 A. 3006--C IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE. 2. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE- MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN- CY PLAN; AND (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, WHERE THE QUALIFIED INDI- VIDUAL DETERMINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESI- DENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE IN ACCORDANCE WITH THE ASSESSMENT REQUIRED PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF: (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (A) CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM; (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE CHILD'S BEST INTEREST; AND (II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. (D) NOTHING HEREIN SHALL PROHIBIT THE COURT FROM CONSIDERING OTHER RELEVANT AND NECESSARY INFORMATION TO MAKE A DETERMINATION. 3. AT THE CONCLUSION OF THE REVIEW, IF THE COURT DISAPPROVES PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM THE COURT SHALL, ON ITS OWN MOTION, DETERMINE A SCHEDULE FOR THE RETURN OF THE CHILD AND DIRECT THE LOCAL SOCIAL SERVICES DISTRICT TO MAKE SUCH OTHER ARRANGEMENTS FOR THE CHILD'S CARE AND WELFARE THAT IS IN THE BEST INTER- EST OF THE CHILD AND IN THE MOST EFFECTIVE AND LEAST RESTRICTIVE SETTING AS THE FACTS OF THE CASE MAY REQUIRE. IF A NEW PLACEMENT ORDER IS NECES- SARY DUE TO RESTRICTIONS IN THE EXISTING GOVERNING PLACEMENT ORDER, THE COURT MAY ISSUE A NEW ORDER. 4. THE COURT MAY, ON ITS OWN MOTION, OR THE MOTION OF ANY OF THE PARTIES OR THE ATTORNEY FOR THE CHILD, PROCEED WITH THE COURT REVIEW REQUIRED PURSUANT TO THIS SECTION ON THE BASIS OF THE WRITTEN RECORDS RECEIVED AND WITHOUT A HEARING. PROVIDED HOWEVER, THE COURT MAY ONLY PROCEED WITH THE COURT REVIEW WITHOUT A HEARING PURSUANT TO THIS SUBDI- VISION UPON THE CONSENT OF ALL PARTIES. PROVIDED FURTHER, IN THE EVENT THAT THE COURT CONDUCTS THE COURT REVIEW REQUIREMENT PURSUANT TO THIS SECTION BUT DOES NOT CONDUCT IT IN A HEARING, THE COURT SHALL ISSUE A WRITTEN ORDER SPECIFYING ANY DETERMINATIONS MADE PURSUANT TO SUBPARA- GRAPH (I) OF PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION AND S. 2506--C 54 A. 3006--C PROVIDE SUCH WRITTEN ORDER TO THE PARTIES AND THE ATTORNEY FOR THE CHILD EXPEDITIOUSLY, BUT NO LATER THAN FIVE DAYS. 5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE CHILD'S CASE RECORD. 6. NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S REVIEW OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 11. Clause (C) of subparagraph (ix) of paragraph 5 of subdivision (c) of section 1089 of the family court act, as added by section 27 of part A of chapter 3 of the laws of 2005, is amended, and a new paragraph 6 is added to read as follows: (C) if the child is over age fourteen and has voluntarily withheld his or her consent to an adoption, the facts and circumstances regarding the child's decision to withhold consent and the reasons therefor[.]; AND (6) WHERE THE CHILD REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COMMISSIONER OF THE SOCIAL SERVICES DISTRICT WITH LEGAL CUSTODY OF THE CHILD SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEAR- ING WITH RESPECT TO THE CHILD: (I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE CHILD CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS OF THE CHILD CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN; (II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE MET FOR THE CHILD IN THE PLACEMENT AND THE LENGTH OF TIME THE CHILD IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND (III) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT TO PREPARE THE CHILD TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME. § 12. The opening paragraph of clause (H) of subparagraph (vii) of paragraph 2 of subdivision (d) of section 1089 of the family court act is designated item (I) and a new item (II) is added to read as follows: (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS- SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO ITEM (I) OF THIS CLAUSE AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMINATION OF SUCH PLACEMENT IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF THE SOCIAL SERVICES LAW OR SECTION ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND NINETY- ONE-A OR ONE THOUSAND NINETY-SEVEN OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH COURT REVIEW SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. § 13. The family court act is amended by adding a new section 1091-a to read as follows: S. 2506--C 55 A. 3006--C § 1091-A. COURT REVIEW OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A FORMER FOSTER CARE YOUTH IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED RESIDENTIAL TREAT- MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE. 2. (A) WHEN A FORMER FOSTER CARE YOUTH IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE FORMER FOSTER CARE YOUTH INTO A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI- CATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A FORMER FOSTER CARE YOUTH WHOSE LEGAL CUSTODY WAS TRANS- FERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH FORMER FOSTER CARE YOUTH'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARA- GRAPH (A) OF THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMINATION OF SUCH PLACEMENT IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH COURT REVIEW SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A FORMER FOSTER CARE YOUTH REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (B) DETERMINE WHETHER THE NEEDS OF THE FORMER FOSTER CARE YOUTH CAN BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE FORMER FOSTER CARE YOUTH IN THE LEAST RESTRICTIVE ENVIRON- MENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE FORMER FOSTER CARE YOUTH, AS SPECIFIED IN THE FORMER FOSTER CARE YOUTH'S PERMANENCY PLAN; AND S. 2506--C 56 A. 3006--C (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE IN ACCORDANCE WITH THE ASSESSMENT REQUIRED PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALI- FIED RESIDENTIAL TREATMENT PROGRAM IF: (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (A) CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM; (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE FORMER FOSTER CARE YOUTH'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST; AND (II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. (D) NOTHING HEREIN SHALL PROHIBIT THE COURT FROM CONSIDERING OTHER RELEVANT AND NECESSARY INFORMATION TO MAKE A DETERMINATION. 4. AT THE CONCLUSION OF THE REVIEW, IF THE COURT DISAPPROVES PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM THE COURT SHALL, ON ITS OWN MOTION, DETERMINE A SCHEDULE FOR THE RETURN OF THE FORMER FOSTER CARE YOUTH AND DIRECT THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE OF CHILDREN AND FAMILY SERVICES, AS APPLICA- BLE, TO MAKE SUCH OTHER ARRANGEMENTS FOR THE FORMER FOSTER CARE YOUTH'S CARE AND WELFARE THAT IS IN THE BEST INTEREST OF THE FORMER FOSTER CARE YOUTH AND IN THE MOST EFFECTIVE AND LEAST RESTRICTIVE SETTING AS THE FACTS OF THE CASE MAY REQUIRE. IF A NEW PLACEMENT ORDER IS NECESSARY DUE TO RESTRICTIONS IN THE EXISTING GOVERNING PLACEMENT ORDER, THE COURT MAY ISSUE A NEW ORDER. 5. THE COURT MAY, ON ITS OWN MOTION, OR THE MOTION OF ANY OF THE PARTIES OR THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, PROCEED WITH THE COURT REVIEW REQUIRED PURSUANT TO THIS SECTION ON THE BASIS OF THE WRITTEN RECORDS RECEIVED AND WITHOUT A HEARING. PROVIDED HOWEVER, THE COURT MAY ONLY PROCEED WITH THE COURT REVIEW WITHOUT A HEARING PURSUANT TO THIS SUBDIVISION UPON THE CONSENT OF ALL PARTIES. PROVIDED FURTHER, IN THE EVENT THAT THE COURT CONDUCTS THE COURT REVIEW REQUIREMENT PURSU- ANT TO THIS SECTION BUT DOES NOT CONDUCT IT IN A HEARING, THE COURT SHALL ISSUE A WRITTEN ORDER SPECIFYING ANY DETERMINATIONS MADE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION AND PROVIDE SUCH WRITTEN ORDER TO THE PARTIES AND THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH EXPEDITIOUSLY, BUT NO LATER THAN FIVE DAYS. 6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE FORMER FOSTER CARE YOUTH'S CASE RECORD. 7. NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S REVIEW OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH FORMER FOSTER CARE YOUTH, INCLUDING BUT NOT LIMITED TO THE FORMER FOSTER CARE YOUTH'S PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 14. The family court act is amended by adding a new section 1097 to read as follows: S. 2506--C 57 A. 3006--C § 1097. COURT REVIEW OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE. 2. (A) WHEN A CHILD IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE CHILD INTO A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTOR- NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN PLACEMENT IS ANTICIPATED TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE DATE THE PLACEMENT CHANGE OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE. (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMINATION OF SUCH PLACEMENT IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITH- STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH COURT REVIEW SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED. 3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL: (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW; (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE- MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN- CY PLAN; AND (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, WHERE THE QUALIFIED INDI- VIDUAL DETERMINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESI- DENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE IN ACCORDANCE WITH THE ASSESSMENT REQUIRED PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE S. 2506--C 58 A. 3006--C SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF: (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT: (A) CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM; (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND (C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS IN THE CHILD'S BEST INTEREST; AND (II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. (D) NOTHING HEREIN SHALL PROHIBIT THE COURT FROM CONSIDERING OTHER RELEVANT AND NECESSARY INFORMATION TO MAKE A DETERMINATION. 4. AT THE CONCLUSION OF THE REVIEW, IF THE COURT DISAPPROVES PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM THE COURT SHALL, ON ITS OWN MOTION, DETERMINE A SCHEDULE FOR THE RETURN OF THE CHILD AND DIRECT THE LOCAL SOCIAL SERVICES DISTRICT TO MAKE SUCH OTHER ARRANGEMENTS FOR THE CHILD'S CARE AND WELFARE THAT IS IN THE BEST INTER- EST OF THE CHILD AND IN THE MOST EFFECTIVE AND LEAST RESTRICTIVE SETTING AS THE FACTS OF THE CASE MAY REQUIRE. IF A NEW PLACEMENT ORDER IS NECES- SARY DUE TO RESTRICTIONS IN THE EXISTING GOVERNING PLACEMENT ORDER, THE COURT MAY ISSUE A NEW ORDER. 5. THE COURT MAY, ON ITS OWN MOTION, OR THE MOTION OF ANY OF THE PARTIES OR THE ATTORNEY FOR THE CHILD, PROCEED WITH THE COURT REVIEW REQUIRED PURSUANT TO THIS SECTION ON THE BASIS OF THE WRITTEN RECORDS RECEIVED AND WITHOUT A HEARING. PROVIDED HOWEVER, THE COURT MAY ONLY PROCEED WITH THE COURT REVIEW WITHOUT A HEARING PURSUANT TO THIS SUBDI- VISION UPON THE CONSENT OF ALL PARTIES. PROVIDED FURTHER, IN THE EVENT THAT THE COURT CONDUCTS THE COURT REVIEW REQUIREMENT PURSUANT TO THIS SECTION BUT DOES NOT CONDUCT IT IN A HEARING, THE COURT SHALL ISSUE A WRITTEN ORDER SPECIFYING ANY DETERMINATIONS MADE PURSUANT TO SUBPARA- GRAPH (I) OF PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION AND PROVIDE SUCH WRITTEN ORDER TO THE PARTIES AND THE ATTORNEY FOR THE CHILD EXPEDITIOUSLY, BUT NO LATER THAN FIVE DAYS. 6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION SHALL BE RECORDED IN THE CHILD'S CASE RECORD. 7. NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S REVIEW OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT. § 15. The office of children and family services, beginning one year after the effective date of this act and annually thereafter, shall make the following information publicly available on its website: 1. the total number of youth placed in a qualified residential treat- ment program whose placement was determined to be inappropriate; 2. the total number of youth placed in a qualified residential treat- ment program whose placement was determined to be appropriate; and 3. any other information the office deems appropriate to assess the effectiveness of the implementation of the family first prevention services act. § 16. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder there- S. 2506--C 59 A. 3006--C of, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the contro- versy in which the judgment shall have been rendered. § 17. This act shall take effect September 29, 2021; provided, howev- er, that the provisions of section fifteen of this act shall expire and be deemed repealed December 31, 2026; and provided, further, that: (a) (i) notwithstanding any other provision of law, provisions in this act shall not take effect unless and until the state title IV-E agency submits to the United States Department of Health and Human Services, Administration for Children, Youth and Families, an amendment to the title IV-E state plan and the United States Department of Health and Human Services, Administration for Children, Youth and Families approves said title IV-E state plan amendment regarding when a child is placed in a qualified residential treatment program in relation to the following components: (1) the qualified individual and the establishment of the assessment by the qualified individual to be completed prior to or with- in 30-days of the child's placement as established by section three of this act; (2) the 60 day court reviews, including the ability to conduct at the same time as another hearing scheduled for the child, as estab- lished by sections one, two, four, seven, eight, nine, ten, twelve, thirteen and fourteen of this act; and (3) permanency hearing require- ments as established by sections five, six and eleven of this act; (ii) provided however, that if the United States Department of Health and Human Services, Administration for Children, Youth and Families fails to approve or disapproves any of the components listed in para- graph (i) of this subdivision, such action shall not impact the effec- tive date for the remaining components listed therein; (b) the office of children and family services shall inform the legis- lative bill drafting commission upon the occurrence of the submission set forth in subdivision (a) of this section and any approval related thereto in order that the commission may maintain an effective and time- ly database of the official texts of the state of laws of New York in furtherance of effectuating the provisions of section 44 of the legisla- tive law and section 70-b of the public officers law; (c) for the purposes of this act, the term "placement" shall refer only to placements made on or after the effective date of the Title IV-E state plan to establish the 30-day assessment, 60-day court review and permanency hearing requirements set forth in this act that occur on or after its effective date; and (d) the office of children and family services and the office of court administration are hereby authorized to promulgate such rules and regu- lations on an emergency basis as may be necessary to implement the provisions of this act on or before such effective date. PART M Intentionally Omitted PART N Intentionally Omitted PART O Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood S. 2506--C 60 A. 3006--C preservation program, a sum not to exceed $12,830,000 for the fiscal year ending March 31, 2022. Within this total amount, $150,000 shall be used for the purpose of entering into a contract with the neighborhood preservation coalition to provide technical assistance and services to companies funded pursuant to article 16 of the private housing finance law. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood preservation program contracts authorized by this section, a total sum not to exceed $12,830,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as deter- mined and certified by the state of New York mortgage agency for the fiscal year 2020-2021 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2021. § 2. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed $5,360,000 for the fiscal year ending March 31, 2022. Within this total amount, $150,000 shall be used for the purpose of entering into a contract with the rural housing coalition to provide technical assistance and services to companies funded pursuant to article 17 of the private housing finance law. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed $5,360,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2020-2021 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2021. § 3. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for services and expenses related to homeless housing and preventative services programs including but not limited to the New York state supportive housing program, the solutions to end homelessness program or the operational support for S. 2506--C 61 A. 3006--C AIDS housing program, or to qualified grantees under such programs, in accordance with the requirements of such programs, a sum not to exceed $45,181,000 for the fiscal year ending March 31, 2022. The homeless housing and assistance corporation may enter into an agreement with the office of temporary and disability assistance to administer such sum in accordance with the requirements of such programs. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the homeless hous- ing and assistance corporation, a total sum not to exceed $45,181,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certi- fied by the state of New York mortgage agency for the fiscal year 2020- 2021 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insur- ance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and main- tain the credit rating as determined by the state of New York mortgage agency, required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer shall be made as soon as practicable but no later than March 31, 2022. § 4. Notwithstanding any other provision of law, the homeless housing and assistance corporation may provide, for purposes of reimbursing New York city expenditures for adult shelters, a sum not to exceed $65,568,000 for the fiscal year ending March 31, 2022. Notwithstanding any other inconsistent provision of law, such funds shall be available for eligible costs incurred on or after January 1, 2021, and before January 1, 2022, that are otherwise reimbursable by the state on or after April 1, 2021, and that are claimed by March 31, 2022. Such reimbursement shall constitute total state reimbursement for activities funded herein in state fiscal year 2021-2022, and shall include reimbursement for costs associated with a court mandated plan to improve shelter conditions for medically frail persons and additional costs incurred as part of a plan to reduce over-crowding in congregate shel- ters. The homeless housing and assistance corporation may enter into an agreement with the office of temporary and disability assistance to administer such sum in accordance with the laws, rules or regulations relating to public assistance and care or the administration thereof. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, and the authorization by the members of the state of New York housing finance agency, the state of New York housing finance agency shall transfer to the homeless hous- ing and assistance corporation, a total sum not to exceed $65,568,000, such transfer to be made from excess funds of the housing finance agen- cy, not pledged to the payment of the agency's outstanding bonds. Such transfer shall be made as soon as practicable but no later than March 31, 2022. § 5. This act shall take effect immediately. PART P Section 1. Paragraphs (a), (b), (c), and (d) of subdivision 1 of section 131-o of the social services law, as amended by section 1 of S. 2506--C 62 A. 3006--C part K of chapter 56 of the laws of 2020, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$150.00] $152.00 for each month beginning on or after January first, two thousand [twenty] TWENTY-ONE. (b) in the case of each individual receiving residential care, an amount equal to at least [$174.00] $176.00 for each month beginning on or after January first, two thousand [twenty] TWENTY-ONE. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$207.00] $210.00 for each month beginning on or after January first, two thousand [twenty] TWENTY-ONE. (d) for the period commencing January first, two thousand [twenty-one] TWENTY-TWO, 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 [twenty-one] TWENTY-TWO, but prior to June thirtieth, two thou- sand [twenty-one] TWENTY-TWO, rounded to the nearest whole dollar. § 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 K of chapter 56 of the laws of 2020, are amended to read as follows: (a) On and after January first, two thousand [twenty] TWENTY-ONE, for an eligible individual living alone, [$870.00] $881.00; and for an eligible couple living alone, [$1,279.00] $1,295.00. (b) On and after January first, two thousand [twenty] TWENTY-ONE, for an eligible individual living with others with or without in-kind income, [$806.00] $817.00; and for an eligible couple living with others with or without in-kind income, [$1,221.00] $1,237.00. (c) On and after January first, two thousand [twenty] TWENTY-ONE, (i) for an eligible individual receiving family care, [$1,049.48] $1,060.48 if he or she is receiving such care in the city of New York or the coun- ty 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 individ- ual receiving such care in any other county in the state, [$1,011.48] $1,022.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subpara- graph (iii) of this paragraph. (d) On and after January first, two thousand [twenty] TWENTY-ONE, (i) for an eligible individual receiving residential care, [$1,218.00] $1,229.00 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 individual receiving such care in any other county in the state, [$1,188.00] $1,199.00; 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) On and after January first, two thousand [twenty] TWENTY-ONE, (i) for an eligible individual receiving enhanced residential care, S. 2506--C 63 A. 3006--C [$1,477.00] $1,488.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subpara- graph (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 [twenty-one] TWENTY- TWO but prior to June thirtieth, two thousand [twenty-one] TWENTY-TWO. § 3. This act shall take effect December 31, 2021. PART Q Section 1. Section 82 of the state finance law, as added by chapter 375 of the laws of 2018, is amended to read as follows: § 82. Gifts to food banks fund. 1. There is hereby established in the sole custody of the commissioner of taxation and finance a special fund to be known as the "gifts to food banks fund". Monies in the fund shall be kept separate from and not commingled with other funds held in the sole custody of the commissioner of taxation and finance. 2. Such fund shall consist of all revenues received by the department of taxation and finance pursuant to the provisions of section six hundred twenty-five-a of the tax law and all other money appropriated, credited, or transferred thereto from any other fund or source pursuant to law. Nothing in this section shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. 3. Monies of the fund shall, after appropriation by the legislature, be made available to the [office of temporary and disability assistance] DEPARTMENT OF HEALTH for grants to regional food banks, organized to serve specific regions of the state, that generally collect and redis- tribute food donations to organizations serving persons in need. Monies shall be payable from the fund by the commissioner of taxation and finance on vouchers approved by the commissioner of [temporary and disa- bility assistance] HEALTH. The commissioner of [temporary and disability assistance] HEALTH shall promulgate rules and regulations necessary for the distribution of such grants. 4. To the extent practicable, the commissioner of [the office of temporary and disability assistance] HEALTH shall ensure that all monies received during a fiscal year are expended prior to the end of that fiscal year. 5. On or before the first day of February each year, the comptroller shall certify to the governor, temporary president of the senate, speak- er of the assembly, chair of the senate finance committee and chair of the assembly ways and means committee, the amount of money deposited in the gifts to food banks fund during the preceding calendar year as the result of revenue derived pursuant to section six hundred twenty-five-a of the tax law. 6. On or before the first day of February each year, the commissioner of [the office of temporary and disability assistance] HEALTH shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on social services, chair of the assembly social services committee, and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year and shall include: (a) the amount of money [dispersed] DISBURSED from the fund; S. 2506--C 64 A. 3006--C (b) the recipients of awards from the fund; (c) the amount awarded to each recipient; (d) the purposes for which such awards were granted; and (e) a summary financial plan for such monies which shall include esti- mates of all receipts and all disbursements for the current and succeed- ing fiscal years, along with the actual results from the prior fiscal year. § 2. This act shall take effect immediately. PART R Intentionally Omitted PART S Intentionally Omitted PART T Intentionally Omitted PART U Section 1. Section 577 of the private housing finance law is amended by adding a new subdivision 2-a to read as follows: 2-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA- RY, A PROJECT OF A HOUSING DEVELOPMENT FUND COMPANY INCORPORATED PURSU- ANT TO THE NOT-FOR-PROFIT CORPORATION LAW AND THIS ARTICLE SHALL BE EXEMPT FROM THE SALES AND COMPENSATING USE TAXES IMPOSED PURSUANT TO ARTICLE TWENTY-EIGHT OR TWENTY-NINE OF THE TAX LAW, PROVIDED THAT SUCH HOUSING DEVELOPMENT FUND COMPANY HAS ENTERED INTO A REGULATORY AGREEMENT WITH RESPECT TO THE PROVISION OF AFFORDABLE HOUSING WITH THE COMMISSION- ER, A STATE AGENCY OR AUTHORITY AS DEFINED IN THIS CHAPTER, THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, OR THE NEW YORK CITY HOUSING DEVELOPMENT CORPORATION, AND SUCH TAX EXEMPTION SHALL CONTINUE ONLY SO LONG AS SUCH AGREEMENT IS IN FORCE AND EFFECT. § 2. This act shall take effect immediately and shall apply to projects that are the subject of regulatory agreements that have been entered into with the commissioner, a state agency or authority as defined in this chapter, the New York city department of housing preser- vation and development, or the New York city housing development corpo- ration on or after January 1, 2019. PART V Intentionally Omitted PART W Intentionally Omitted S. 2506--C 65 A. 3006--C PART X Intentionally Omitted PART Y Intentionally Omitted PART Z Section 1. Subdivision 8 of section 410-w of the social services law, as added by chapter 144 of the laws of 2015, is amended to read as follows: 8. Notwithstanding any other provision of law, rule or regulations to the contrary, a social services district that implements a plan amend- ment to the child care portion of its child and family services plan, either as part of an annual plan update, or through a separate plan amendment process, where such amendment reduces eligibility for, or increases the family share percentage of, families receiving child care services, or that implements the process for closing child care cases as set forth in the district's approved child and family services plan, due to the district determining that it cannot maintain its current caseload because all of the available funds are projected to be needed for open cases, shall provide all families whose eligibility for child care assistance or family share percentage will be impacted by such action with at least thirty days prior written notice of the action. PROVIDED, HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS TITLE SHALL NOT BE REQUIRED TO CONTRIBUTE MORE THAN TEN PERCENT OF THEIR INCOME EXCEEDING THE FEDERAL POVERTY LEVEL. § 2. Subdivision 6 of section 410-x of the social services law, as added by section 52 of part B of chapter 436 of the laws of 1997, is amended to read as follows: 6. Pursuant to department regulations, child care assistance shall be provided on a sliding fee basis based upon the family's ability to pay; PROVIDED, HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS TITLE SHALL NOT BE REQUIRED TO CONTRIBUTE MORE THAN TEN PERCENT OF THEIR INCOME EXCEEDING THE FEDERAL POVERTY LEVEL. § 3. This act shall take effect immediately and shall expire and be deemed repealed three years after such date. PART AA Section 1. Legislative findings and intent. The legislature finds that the transition to the green economy and creating good paying jobs are not mutually exclusive priorities for New York State. In order to make this transition and achieve the ambitious goals set forth in the Climate Leadership and Community Protection Act, a clear focus on prioritizing renewable energy sources is necessary. However, the workers who will build the infrastructure of the green economy must not be left behind. Setting clear standards for job quality will ensure the creation of good jobs, protect workers in the ongoing transition of our energy sector, and result in positive economic impacts. In addition to workers engaged directly in the renewable energy sector, New Yorkers have experienced widespread unemployment as a result of the pandemic. According to the S. 2506--C 66 A. 3006--C New York State Department of Labor, as of January 2021 New York has paid over $61 billion in unemployment benefits to 4 million workers. New manufacturing and supply chain jobs are a necessary element of any pandemic recovery. Due to such findings, the legislature hereby declares that the mandate of prevailing wage or project labor agreements for construction work performed in connection with the installation of renewable energy systems and its Buy American preference provided in this bill will ensure that workers are central to New York State's tran- sition to the green economy and its pandemic recovery plan. § 2. The labor law is amended by adding a new section 224-d to read as follows: § 224-D. WAGE REQUIREMENTS FOR CERTAIN RENEWABLE ENERGY SYSTEMS. 1. FOR PURPOSES OF THIS SECTION, A "COVERED RENEWABLE ENERGY SYSTEM" MEANS A RENEWABLE ENERGY SYSTEM, AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, WITH A CAPACITY OF GREATER THAN FIVE MEGAWATTS ALTERNATING CURRENT AND WHICH INVOLVES THE PROCUREMENT OF RENEWABLE ENERGY CREDITS BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF AND FOR THE BENEFIT OF A PUBLIC ENTITY. 2. NOTWITHSTANDING THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, A COVERED RENEWABLE ENERGY SYSTEM SHALL BE SUBJECT TO PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH SECTIONS TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE. PROVIDED THAT A RENEWA- BLE ENERGY SYSTEM DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW WHICH IS NOT CONSIDERED TO BE COVERED BY THIS SECTION, MAY STILL OTHERWISE BE CONSIDERED A "COVERED PROJECT" PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE IF IT MEETS SUCH DEFINITION. 3. FOR PURPOSES OF THIS SECTION, A COVERED RENEWABLE ENERGY SYSTEM SHALL EXCLUDE CONSTRUCTION WORK PERFORMED UNDER A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN AN OWNER OR CONTRACTOR AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION WHICH HAS ESTABLISHED ITSELF, AND/OR ITS AFFILIATES, AS THE COLLECTIVE BARGAINING REPRESEN- TATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON SUCH A PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE- NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM WORK ON SUCH A PROJECT, OR CONSTRUCTION WORK PERFORMED UNDER A LABOR PEACE AGREEMENT, PROJECT LABOR AGREEMENT, OR ANY OTHER CONSTRUCTION WORK PERFORMED UNDER AN ENFORCEABLE AGREEMENT BETWEEN AN OWNER OR CONTRACTOR AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION. 4. FOR PURPOSES OF THIS SECTION, THE "FISCAL OFFICER" SHALL BE DEEMED TO BE THE COMMISSIONER. THE ENFORCEMENT OF ANY COVERED RENEWABLE ENERGY SYSTEM PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-A, TWO HUNDRED TWENTY-B, TWO HUNDRED TWENTY-THREE, TWO HUNDRED TWENTY-FOUR-B, AND TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER AND WITHIN THE JURISDICTION OF THE FISCAL OFFICER; PROVIDED, HOWEVER, NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO CONSTRUE ANY COVERED RENEWABLE ENERGY SYSTEM AS OTHERWISE BEING CONSIDERED PUBLIC WORK PURSUANT TO THIS ARTICLE. 5. THE FISCAL OFFICER MAY ISSUE RULES AND REGULATIONS GOVERNING THE PROVISIONS OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO HUNDRED TWENTY-B OF THIS ARTICLE. 6. EACH OWNER AND DEVELOPER SUBJECT TO THE REQUIREMENTS OF THIS SECTION SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSI- NESSES PURSUANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW. THE DEPART- S. 2506--C 67 A. 3006--C MENT IN CONSULTATION WITH THE DIRECTORS OF THE DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT AND OF THE DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS DEVELOPMENT SHALL MAKE TRAINING AND RESOURCES AVAIL- ABLE TO ASSIST MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES ON COVERED RENEWABLE ENERGY SYSTEMS TO ACHIEVE AND MAINTAIN COMPLIANCE WITH PREVAILING WAGE REQUIREMENTS. THE DEPARTMENT SHALL MAKE SUCH TRAINING AND RESOURCES AVAILABLE ONLINE AND SHALL AFFORD MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES AN OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING. 7. A. THE FISCAL OFFICER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY JULY FIRST, TWO THOUSAND TWENTY-TWO, AND ANNUALLY THEREAFTER, ON THE PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN RELATION TO COVERED RENEWABLE ENERGY SYSTEMS SUBJECT TO THE PROVISIONS OF THIS SECTION AS WELL AS THE DIVERSITY PRACTICES OF CONTRACTORS AND SUBCONTRACTORS EMPLOYING LABORERS, WORKERS, AND MECHANICS ON SUCH PROJECTS. B. SUCH REPORTS SHALL INCLUDE AGGREGATED DATA ON THE UTILIZATION AND PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, THE EMPLOYMENT OF MINORITIES AND WOMEN IN CONSTRUCTION-RELATED JOBS ON SUCH PROJECTS, AND THE COMMITMENT OF CONTRACTORS AND SUBCONTRACTORS ON SUCH PROJECTS TO ADOPTING PRACTICES AND POLICIES THAT PROMOTE DIVERSITY WITH- IN THE WORKFORCE. THE REPORTS SHALL ALSO EXAMINE THE COMPLIANCE OF CONTRACTORS AND SUBCONTRACTORS WITH OTHER EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS AND ANTI-DISCRIMINATION LAWS, IN ADDITION TO ANY OTHER EMPLOYMENT PRACTICES DEEMED PERTINENT BY THE COMMISSIONER. C. THE FISCAL OFFICER MAY REQUIRE ANY OWNER OR DEVELOPER TO DISCLOSE INFORMATION ON THE PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND THE DIVERSITY PRACTICES OF CONTRACTORS AND SUBCONTRAC- TORS INVOLVED IN THE PERFORMANCE OF ANY COVERED RENEWABLE ENERGY SYSTEM. IT SHALL BE THE DUTY OF THE FISCAL OFFICER TO CONSULT AND TO SHARE SUCH INFORMATION IN ORDER TO EFFECTUATE THE REQUIREMENTS OF THIS SECTION. § 2-a. The public service law is amended by adding a new section 66-r to read as follows: § 66-R. REQUIREMENTS FOR CERTAIN RENEWABLE ENERGY SYSTEMS. 1. FOR THE PURPOSES OF THIS SECTION, A "COVERED RENEWABLE ENERGY SYSTEM" MEANS A RENEWABLE ENERGY SYSTEM, AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-P OF THIS ARTICLE, WITH A CAPACITY OF GREATER THAN FIVE MEGA- WATTS ALTERNATING CURRENT AND WHICH INVOLVES THE PROCUREMENT OF RENEWA- BLE ENERGY CREDITS BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF AND FOR THE BENEFIT OF A PUBLIC ENTITY. 2. FOR PURPOSES OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT CORPORATION AS DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHTEEN HUNDRED ONE OF THE PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, A MUNICIPAL CORPORATION AS DEFINED IN SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, AN INDUSTRIAL DEVELOPMENT AGENCY FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW OR INDUSTRIAL DEVELOPMENT AUTHORITIES FORMED PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE, LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED BY ANY SUCH ENTITIES. 3. THE COMMISSION SHALL REQUIRE THAT THE OWNER OF THE COVERED RENEWA- BLE ENERGY SYSTEM, OR A THIRD PARTY ACTING ON THE OWNER'S BEHALF, AS AN ONGOING CONDITION OF ANY RENEWABLE ENERGY CREDITS AGREEMENT WITH A S. 2506--C 68 A. 3006--C PUBLIC ENTITY, SHALL STIPULATE TO THE FISCAL OFFICER THAT IT WILL ENTER INTO A LABOR PEACE AGREEMENT WITH AT LEAST ONE BONA FIDE LABOR ORGANIZA- TION EITHER WHERE SUCH BONA FIDE LABOR ORGANIZATION IS ACTIVELY REPRES- ENTING EMPLOYEES PROVIDING NECESSARY OPERATIONS AND MAINTENANCE SERVICES FOR THE RENEWABLE ENERGY SYSTEM AT THE TIME OF SUCH AGREEMENT OR UPON NOTICE BY A BONA FIDE LABOR ORGANIZATION THAT IS ATTEMPTING TO REPRESENT EMPLOYEES WHO WILL PROVIDE NECESSARY OPERATIONS AND MAINTENANCE SERVICES FOR THE RENEWABLE ENERGY SYSTEM EMPLOYED IN THE STATE. THE MAINTENANCE OF SUCH A LABOR PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION OF ANY CONTINUATION OF PAYMENTS UNDER A RENEWABLE ENERGY CREDITS AGREE- MENT. FOR PURPOSES OF THIS SECTION "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND LABOR ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY INTERESTS BY PROHIBITING LABOR ORGAN- IZATIONS AND MEMBERS FROM ENGAGING IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFERENCE WITH THE RELEVANT RENEWA- BLE ENERGY SYSTEM. "RENEWABLE ENERGY CREDITS AGREEMENT" SHALL MEAN ANY PUBLIC ENTITY CONTRACT THAT PROVIDES PRODUCTION-BASED PAYMENTS TO A RENEWABLE ENERGY PROJECT AS DEFINED IN THIS SECTION. 4.(A) ANY PUBLIC ENTITY, IN EACH CONTRACT FOR CONSTRUCTION, RECON- STRUCTION, ALTERATION, REPAIR, IMPROVEMENT OR MAINTENANCE OF A COVERED RENEWABLE ENERGY SYSTEM WHICH INVOLVES THE PROCUREMENT OF A RENEWABLE ENERGY CREDITS AGREEMENT BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF AND FOR THE BENEFIT OF A PUBLIC ENTITY, THE "PUBLIC WORK" FOR THE PURPOSES OF THIS SUBDIVISION, SHALL ENSURE THAT SUCH CONTRACT SHALL CONTAIN A PROVISION THAT THE IRON AND STRUCTURAL STEEL USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO AND THAT IS PERMANENTLY INCORPORATED INTO THE PUBLIC WORK, SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF A STRUCTURAL IRON OR STRUCTURAL STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDI- TIVES. FOR THE PURPOSES OF THIS SUBDIVISION, "PERMANENTLY INCORPO- RATED" SHALL MEAN AN IRON OR STEEL PRODUCT THAT IS REQUIRED TO REMAIN IN PLACE AT THE END OF THE PROJECT CONTRACT, IN A FIXED LOCATION, AFFIXED TO THE PUBLIC WORK TO WHICH IT WAS INCORPORATED. IRON AND STEEL PRODUCTS THAT ARE CAPABLE OF BEING MOVED FROM ONE LOCATION TO ANOTH- ER ARE NOT PERMANENTLY INCORPORATED INTO A PUBLIC WORK. (B) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY IF THE HEAD OF THE DEPARTMENT OR AGENCY CONSTRUCTING THE PUBLIC WORKS, IN HIS OR HER SOLE DISCRETION, DETERMINES THAT THE PROVISIONS WOULD NOT BE IN THE PUBLIC INTEREST, WOULD RESULT IN UNREASONABLE COSTS, OR THAT OBTAINING SUCH STEEL OR IRON IN THE UNITED STATES WOULD INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT, OR SUCH IRON OR STEEL, INCLUDING WITHOUT LIMITATION STRUCTURAL IRON AND STRUCTURAL STEEL CANNOT BE PRODUCED OR MADE IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY. THE HEAD OF THE DEPARTMENT OR AGENCY CONSTRUCTING THE PUBLIC WORKS SHALL INCLUDE THIS DETERMINATION IN AN ADVERTISEMENT OR SOLICITATION OF A REQUEST FOR PROPOSAL, INVITATION FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM OFFERORS INTENDING TO RESULT IN A CONTRACT PURSUANT TO THIS SUBDIVISION. THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY FOR EQUIPMENT PURCHASED BY A COVERED RENEWABLE ENERGY SYSTEM PRIOR TO THE EFFECTIVE DATE OF THIS CHAPTER. S. 2506--C 69 A. 3006--C (C) THE HEAD OF THE DEPARTMENT OR AGENCY CONSTRUCTING THE PUBLIC WORKS MAY, AT HIS OR HER SOLE DISCRETION, PROVIDE FOR A SOLICITATION OF A REQUEST FOR PROPOSAL, INVITATION FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM OFFERORS INTENDING TO RESULT IN A CONTRACT PURSUANT TO THIS PARAGRAPH INVOLVING A COMPETITIVE PROCESS IN WHICH THE EVALUATION OF COMPETING BIDS GIVES SIGNIFICANT CONSIDERATION IN THE EVALUATION PROCESS TO THE PROCUREMENT OF EQUIPMENT AND SUPPLIES FROM BUSINESSES LOCATED IN NEW YORK STATE. 5. WHENEVER CHANGES ARE PROPOSED TO ANY PUBLIC PROCUREMENT PROCESS INVOLVING THE PROGRAM DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, THE COMMISSION SHALL MAKE SIMULTANEOUS RECOMMENDATIONS TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, REGARDING NECESSARY CHANGES TO THIS SECTION, IF ANY, IN MEETING THE GOALS OUTLINED IN THE LEGISLATIVE FINDINGS AND INTENT OF THE CHAPTER BY WHICH THIS SECTION WAS ENACTED. § 2-b. Section 66-p of the public service law, as added by chapter 705 of the laws of 2019, is renumbered section 66-q. § 3. Paragraph b of subdivision 4 of section 224-a of the labor law, as added by section 1 of part FFF of chapter 58 of the laws of 2020, is amended to read as follows: b. Construction work performed under a contract with a not-for-profit corporation as defined in section one hundred two of the not-for-profit corporation law, other than a not-for-profit corporation formed exclu- sively for the purpose of holding title to property and collecting income thereof or any public entity as defined in this section, where the not-for-profit corporation has gross annual revenue and support less than five million dollars; § 4. Severability clause. If any clause, sentence, paragraph, subdivi- sion, or section 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, or section thereof directly involved in the controversy in which such judgment 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. § 5. This act shall take effect on October 1, 2021 and shall apply to any covered renewable energy project awarded a contract from an adver- tisement or a solicitation of a request for proposal, invitation for bid, or solicitation of proposal, or any other method provided for by law or regulation for soliciting a response from offerors intending to result in a contract that is issued on or after the effective date of this act; provided, however, that section three of this act shall take effect on the same date and in the same manner as section 1 of part FFF of chapter 58 of the laws of 2020, takes effect. PART BB Section 1. This Part enacts into law major components of legislation in relation to establishing a COVID-19 emergency rental assistance program. 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 S. 2506--C 70 A. 3006--C section of "this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section two contains a severability clause for all provisions contained in each Subpart of this Part. Section three of this act sets forth the general effective date of this Part. SUBPART A Section 1. The COVID-19 emergency rental assistance program of 2021 is enacted to read as follows: COVID-19 EMERGENCY RENTAL ASSISTANCE PROGRAM OF 2021 Section 1. Short title. 2. Definitions. 3. Authority to implement emergency rental and utility assist- ance. 4. Distribution. 5. Eligibility. 6. Application. 7. Documentation. 8. Restrictions on eviction. 9. Payments. 10. No repayment and assistance not considered income. 11. Notice to tenants in eviction proceedings. 12. Outreach. 13. Fair housing obligations. 14. Reports by the commissioner. Section 1. Short title. This act shall be known and may be cited as the "COVID-19 emergency rental assistance program of 2021". § 2. Definitions. For the purposes of this act, the following terms shall have the following meanings: 1. "Commissioner" shall mean the commissioner of the state office of temporary and disability assistance. 2. "Federal emergency rental assistance program" shall mean the emer- gency rental assistance funding issued pursuant to section 501 of the Consolidated Appropriations Act of 2021, Pub L. 116-260 § 501, and section 3201 of the American Rescue Plan Act of 2021, Pub.L. 117-2 § 3201 as well as any other federal funds made available for the purposes defined herein. 3. "Rent burdened household" shall mean a household for which the monthly rental obligation is 30% or more of the household's gross month- ly income. 4. "Income", unless otherwise required by federal law or policies, shall mean income from all sources of each member of the household, including all wages, tips, overtime, salary, recurring gifts, returns on investments, social security payments, child support payments, unemploy- ment benefits, any benefit, payment or cash grant whose purpose is to assist with rental payments, any payments whose purpose is to replace lost income, and any other government benefit or cash grant. The term shall not include: income from children under 18 years of age, employ- ment income from individuals 18 years of age or older who are full-time students and are eligible to be claimed as dependents pursuant to inter- nal revenue service regulations, foster care payments, public assist- ance, sporadic gifts, groceries provided by persons not living in the household, supplemental nutrition assistance program benefits, home energy assistance program benefits, the earned income tax credit, other S. 2506--C 71 A. 3006--C income required to be excluded by law, or designated by the commission- er. 5. "Manufactured home tenant" shall have the same meaning as defined by section 233 of the real property law. 6. "Municipal corporation" shall mean a municipal corporation, as defined in section 2 of the general municipal law, that has received federal allocations from the United States treasury for emergency rental assistance authorized pursuant to the Consolidated Appropriations Act of 2021 and the American Rescue Plan Act of 2021, and any other federal funds made available for the purposes defined herein. 7. "Occupant" shall have the same meaning as defined in section 235-f of the real property law. 8. "Office" shall mean the state office of temporary and disability assistance. 9. "Rent" shall mean rent as defined by section 702 of the real prop- erty actions and proceedings law. 10. "Rental arrears" shall mean unpaid rent owed to the landlord that accrued on or after March 13, 2020. 11. "Utility arrears" shall mean unpaid payments to providers of utility services accrued on or after March 13, 2020, for separately- stated electricity and gas costs. 12. "Small landlord" shall mean any person or entity that owns a building of twenty or fewer units. § 3. Authority to implement emergency rental and utility assistance. 1. The commissioner is hereby authorized and directed to implement, as soon as practicable, a program of rental and utility assistance for those eligible pursuant to section five of this act. 2. Such program shall be funded with: (a) emergency rental assistance funds received by the state from the Federal Emergency Rental Assistance Program and any other federal funds made available for that purpose; and (b) any state funds appropriated for such program. 3. The commissioner shall develop and promulgate a form outlining the obligations of each municipal corporation that chooses to participate in the statewide program. Those municipal corporations who choose to participate shall remit such form to the office of temporary and disa- bility assistance within 10 business days from the date of issuance. At such time that the municipal corporation has affirmed their partic- ipation, upon receipt of the completed form by the office of temporary and disability assistance and the director of the budget, and the feder- al department of the treasury, the municipal corporation shall remit their allocation of funds to the state in such manner as determined by the division of the budget. Provided, after the office has acknowledged receipt of the completed form, residents of such municipality shall be entitled to benefit from funds made available for this purpose, subject to the continued availability of funds. 4. The commissioner may adopt, on an emergency basis pursuant to subdivision 6 of section 220 of the state administrative procedure act, any rules necessary to carry out the provisions of this article. 5. The commissioner may delegate the administration of any portions of this program to any state agency, city, county, town, contractor or non-profit organization in accordance with the provisions of this arti- cle and applicable federal requirements. § 4. Distribution. The commissioner shall work to ensure an equitable distribution of funds throughout the state, excluding administrative funds. For the first 30 days beginning with the first day that the office begins accepting applications, the commissioner shall ensure, to S. 2506--C 72 A. 3006--C the extent practicable, that the allocation of funds from this program for households outside the city of New York is no less than 35% of emer- gency rental assistance funds available to the state of New York. After the 30 day priority period has ended, all applications shall be proc- essed on a rolling basis. § 5. Eligibility. The commissioner shall establish standards for determining eligibility for such program, consistent with the following: 1. (a) A household, regardless of immigration status, shall be eligi- ble for emergency rental assistance, or both rental assistance and util- ity assistance. Such household shall be eligible if it: (i) is a tenant or occupant obligated to pay rent in their primary residence in the state of New York, including both tenants and occupants of dwelling units and manufactured home tenants, provided however that occupants of federal or state funded subsidized public housing authori- ties or other federal or state funded subsidized housing that limits the household's share of the rent to a set percentage of income shall only be eligible to the extent that funds are remaining after serving all other eligible populations; (ii) includes an individual who has qualified for unemployment or experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly, to the COVID-19 outbreak; (iii) demonstrates a risk of experiencing homelessness or housing instability; and (iv) has a household income at or below 80% of the area median income, adjusted for household size. (b) Nothing in this subdivision shall preclude a recipient of public assistance from being eligible for emergency rental or utility assist- ance under this program. 2. For the purposes of this program, income may be considered: (a) the household's total income for calendar year 2020; or (b) the household's monthly income at the time of application for such assistance. 3. The commissioner shall establish priority in processing applica- tions and allocating funds under this program. Such priority shall at a minimum prioritize households whose income does not exceed 50% of the area median income adjusted for household size and households who have one or more individuals who are unemployed as of the date of the appli- cation for assistance and have not been employed for the 90 days preced- ing such date. 4. The commissioner shall also grant priority for those who meet any of the following criteria: (a) households who are tenants of mobile homes or mobile home parks whose arrears have accrued for the land on which the mobile home is located; (b) households who include one or more individuals from a vulnerable population, including, but not limited to, victims of domestic violence, survivors of human trafficking, or veterans; (c) households who have eviction cases that are pending; (d) households who are residing in communities that were dispropor- tionately impacted by the COVID-19 pandemic in a methodology to be determined by the commissioner; (e) households who reside in a building or development of twenty or fewer units owned by a small landlord as defined in section one of this act; and S. 2506--C 73 A. 3006--C (f) provided further that any priority granted pursuant to this subdi- vision shall not supersede the priority granted pursuant to subdivision three of this section. 5. Pursuant to subdivisions three and four of this section, the commissioner shall prioritize applications received by the date and time of application for 30 days beginning the first day the office accepts rental assistance applications in the following sequence: (a) households with income that does not exceed 50% of area median income for the household and have a member in one of the priority groups in subdivision 4 of this section; (b) households with income that does not exceed 50% of area median income for the household and does not have a member in one of the prior- ity groups in subdivision 4 of this section; (c) households with income that does not exceed 80% of area median income for the household and have a member in one of the priority groups in subdivision 4 of this section; and (d) households with income that does not exceed 80% of area median income for the household and does not have a member in one of the prior- ity groups in subdivision 4 of this section. 6. After the 30 day priority period has ended, all applications shall be processed on a rolling basis. 7. To the extent feasible, no rental assistance provided pursuant to this act shall be duplicative of assistance for rent or rental arrears previously received or currently being received by the household. 8. An individual full-time college student or a household consisting exclusively of full-time college students is ineligible for this program unless each individual in the household shall not be claimed as a dependent by their parents or legal guardians pursuant to internal revenue service regulations in the most recent tax year. 9. (a) Those households who have been determined eligible for rental and utility arrears assistance through the emergency rental assistance program and who have not received a corresponding benefit through the home energy assistance program are eligible for utility arrears relief in accordance with procedures established by the state public service commission in consultation with the office of temporary and disability assistance. Notwithstanding any provision of law to the contrary, employees, agents, contractors and officers of the office of temporary and disability assistance and employees and officers of the department of public service shall be allowed and are directed to share and exchange information regarding utility arrears assistance pursuant to this section, including information regarding households seeking such assistance and the information used by the department of public service to determine the amount of utility arrears that has been waived. (b) Any documentation or information provided to the department of public service employees, its agents, contractors and officers in accordance with this subdivision shall be upon the consent of the appli- cant. § 6. Application. 1. As soon as practicable, the commissioner shall make an application for the program available on the office of temporary and disability assistance's website. The application shall be available online in English, Spanish, Chinese, Russian, Korean, Yiddish, Haitian (French Creole), Bengali, and, to the extent practicable, other commonly used languages. The commissioner shall enable application assistance to be offered via telephone and make accommodations for those who are hear- ing or visually impaired, with referral to a community based organiza- tion as deemed necessary. S. 2506--C 74 A. 3006--C 2. Each municipal corporation shall designate not-for-profit organiza- tions or local government staff that shall assist households in applying for assistance. Such organizations and staff shall be permitted to file applications on behalf of such households. 3. Any party, or their designee, that may be eligible to receive funds under this program may initiate an application. Regardless of whether a landlord, owner, tenant or occupant initiates an application, such land- lord or owner shall be required to: (a) use any payments received pursuant to this article solely to satisfy the tenant's full rental obligations to the landlord or owner for the time period covered by the payment; (b) provide the office of temporary and disability assistance with necessary information and documentation to facilitate payments; and (c) keep confidential any information or documentation from or about the tenant or occupant acquired pursuant to this application process. 4. (a) Documentation of immigration status shall not be requested as part of the emergency rental assistance program. (b) Any documentation or information provided to the statewide appli- cation, eligibility worker, hotline or community based organization, or obtained in the course of administering the emergency rental assistance program or any other assistance program shall be kept confidential and shall only be used for the purposes of determining eligibility, for program administration, avoiding duplication of assistance, and other uses consistent with State and federal law. (c) Any portion of any record retained by the commissioner in relation to an application pursuant to this chapter that contains the photo image or identifies the social security number, telephone number, place of birth, country of origin, place of employment, school or educational institution attended, source of income, status as a recipient of public benefits, the customer identification number associated with a public utilities account, medical information or disability information of the holder of, or applicant for, is not a public record and shall not be disclosed in response to any request for records except: (i) to the person who is the subject of such records; or (ii) where necessary to comply with State and federal law. 5. Upon receipt of an application and to the extent practicable, the commissioner shall make available a means by which an application submitted by a tenant, a landlord, or both jointly can be tracked by either the tenant or the landlord, regardless of who submitted such application. 6. Self-attestation shall be considered to be acceptable documentation to the extent permissible by federal law and relevant guidance; provided further that attestation of a person with knowledge of the household's circumstances shall be considered to be acceptable documentation to the extent permissible by federal law and relevant guidance. § 7. Documentation. The commissioner shall establish procedures that are appropriate and necessary to assure that information necessary to determine eligibility provided by households applying for or receiving assistance under this article is complete and accurate. Additionally, the commissioner shall establish procedures to ensure flexibility when determining acceptable documentation. § 8. Restrictions on eviction. Eviction proceedings for a holdover or expired lease, or non-payment of rent or utilities that would be eligi- ble for coverage under this program shall not be commenced against a household who has applied for this program unless or until a determi- nation of ineligibility is made. If such eviction proceedings are S. 2506--C 75 A. 3006--C commenced against a household who subsequently applies for benefits under this program, all proceedings shall be stayed pending a determi- nation of eligibility. Evidence of a payment received pursuant to this act may be presented in such proceeding and create a presumption that the tenant's or occupant's rent or utility obligation for the time peri- od covered by the payment has been fully satisfied. § 9. Payments. 1. Payments shall be made for rental payments or rental and utility arrears accrued on or after March 13, 2020. No more than 12 months of rental and/or utility assistance for arrears and 3 months of prospective rental assistance may be paid on behalf of any eligible household. Provided, however that only rent burdened households shall be eligible to receive prospective rent payments. 2. (a) The rental assistance shall be paid directly to the landlord of the dwelling unit or manufactured home park occupied by the household for the total amount of qualified rental arrears and prospective rental assistance pursuant to subdivision one of this section. Utility assist- ance shall be paid directly to the utility provider. (b) Prior to making an eligibility determination, the commissioner or the commissioner's designee shall undertake reasonable efforts to obtain the cooperation of landlords and utility providers to accept payments from this program. Such outreach may be considered complete if: (i) a request for participation has been sent in writing, by mail, to the landlord or utility provider and the addressee has not responded to the request within 14 calendar days after mailing; or (ii) at least 3 attempts by phone, text, or e-mail have been made over a 10 calendar day period to request the landlord's or utility provider's participation; or (iii) a landlord or utility provider confirms in writing that the land- lord or utility provider does not wish to participate. The outreach attempts or notices to the landlord or utility provider shall be docu- mented and shall be made available to the tenant. (c) If a payment cannot be made directly to a landlord or owner after the outreach efforts described in paragraph (b) of this subdivision, funds in the amount approved for rental assistance to an otherwise eligible applicant shall be available for a period of 180 days; exten- sion may be provided upon determination by the commissioner of good cause. When possible, both landlord or owner and tenant shall be noti- fied of the provisional determination of eligibility and the landlord or owner shall have a final opportunity to participate. If the landlord or owner does not provide necessary information or documentation to effec- tuate payment as directed before 180 days, the commissioner may reallo- cate the set aside funds to serve other rental assistance program appli- cants. The tenant may use such provisional determination as an affirmative defense in any proceeding seeking a monetary judgment or eviction brought by a landlord for the non-payment of rent accrued during the same time period covered by the provisional payment for a period of twelve months from the determination of provisional eligibil- ity. If the landlord has not accepted such provisional payment within twelve months of the determination the landlord shall be deemed to have waived the amount of rent covered by such provisional payment, and shall be prevented from initiating a monetary action or proceeding, or collecting a judgment premised on the nonpayment of the amount of rent covered by such provisional payment. (d) Acceptance of payment for rent or rental arrears from this program shall constitute agreement by the recipient landlord or property owner: (i) that the arrears covered by this payment are satisfied and will not be used as the basis for a non-payment eviction; (ii) to waive any late S. 2506--C 76 A. 3006--C fees due on any rental arrears paid pursuant to this program; (iii) to not increase the monthly rent due for the dwelling unit such that it shall not be greater than the amount that was due at the time of appli- cation to the program for any and all months for which rental assistance is received and for one year after the first rental assistance payment is received; (iv) not to evict for reason of expired lease or holdover tenancy any household on behalf of whom rental assistance is received for 12 months after the first rental assistance payment is received, unless the dwelling unit that is the subject of the lease or rental agreement is located in a building that contains 4 or fewer units, in which case the landlord may decline to extend the lease or tenancy if the landlord intends to immediately occupy the unit for the landlord's personal use as a primary residence or the use of an immediate family member as a primary residence; and (v) to notify the tenant of the protections established under this subdivision. § 10. No repayment and assistance not considered income. Eligible households shall not be expected or required to repay any assistance granted through this program, except in instances of fraud perpetrated by such household. Landlords shall not be expected or required to repay any funds paid through this program except in instances of duplicate payments or fraud perpetrated by the landlord. Assistance granted through this program shall not be considered income for purposes of eligibility for public benefits or other public assistance to the extent allowed by law, but shall be considered a "source of income" for purposes of the protections against housing discrimination provided under section 296 of the human rights law. There shall be no requirement for applicants to seek assistance from other sources, including charita- ble contributions, in order to be eligible for assistance under this program. § 11. Notice to tenants in eviction proceedings. In any eviction proceeding pending as of the effective date of this article and any eviction proceeding filed while applications are being accepted for assistance pursuant to this article, the court shall promptly make available to the respondent information regarding how the respondent may apply for such assistance in English, and, to the extent practicable, in the respondent's primary language, if other than English. § 12. Outreach. The commissioner shall ensure that extensive outreach is conducted to increase awareness of this program among tenants and landlords or owners. The commissioner shall require each municipal corporation to target for outreach communities where the median income of residents is less than 50% of the area median income for the region, communities with the highest unemployment rates, and communities that experienced the highest rates of COVID-19 infections during the pandem- ic. The commissioner shall, to the extent practicable, partner with municipal corporations in an effort to provide outreach materials in the languages commonly spoken by residents of New York state as per the American Community Survey from the United States Census Bureau. Munici- pal recipients shall contract with community based organizations to supplement the state's outreach program, providing additional applica- tion assistance and outreach activities specific to their geographic location. Such community based organizations shall deliver their services in multiple languages and in a culturally competent manner to vulnerable and/or low income populations, including populations prior- itized by this program pursuant to section five of this act. § 13. Fair housing obligations. Nothing in this act shall lessen or abridge any fair housing obligations promulgated by the federal govern- S. 2506--C 77 A. 3006--C ment, state, municipalities, localities, or any other applicable juris- diction. § 14. Reports by the commissioner. The office shall be required to report and post information on their website, and update such informa- tion at least monthly beginning 30 days from when the commissioner makes an application for the program available. Such information shall include but not be limited to: (a) the number of municipal recipients that choose to participate in the statewide program; (b) the number of eligible households that received assistance under this title, including the particular category of assistance which was provided; (c) the average amount of funding provided per eligible household receiving assistance; and (d) the number of households that applied for assistance. § 2. The state finance law is amended by adding a new section 99-mm to read as follows: § 99-MM. EMERGENCY RENTAL ASSISTANCE MUNICIPAL CORPORATION ALLOCATION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A TRUST AND AGENCY FUND KNOWN AS THE "EMERGENCY RENTAL ASSISTANCE MUNICIPAL CORPO- RATION ALLOCATION FUND." MUNICIPAL CORPORATIONS, AS DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL LAW, THAT HAVE RECEIVED A FEDERAL ALLO- CATION FROM THE UNITED STATES TREASURY FOR EMERGENCY RENTAL ASSISTANCE AUTHORIZED PURSUANT TO SECTION 501 OF THE CONSOLIDATED APPROPRIATIONS ACT OF 2021, PUB.L. 116-260 § 501 AND SECTION 3201 OF THE AMERICAN RESCUE PLAN ACT OF 2021, PUB.L. 117-2 § 3201, AND ANY OTHER FEDERAL FUNDS MADE AVAILABLE FOR THE SAME PURPOSE AND THAT CHOOSE TO PARTICIPATE IN THE STATEWIDE EMERGENCY RENTAL ASSISTANCE PROGRAM PURSUANT TO A PLAN APPROVED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF THE BUDGET, MAY DEPOSIT SUCH ALLOCATIONS INTO THE EMERGENCY RENTAL ASSISTANCE MUNICIPAL CORPORATION FUND AS DIRECTED BY THE DIRECTOR OF THE BUDGET. 2. THE MONIES OF THE FUND SHALL BE PAID, WITHOUT APPROPRIATION, TO PROVIDE AUTHORIZED BENEFITS TO ELIGIBLE HOUSEHOLDS OF THE RESPECTIVE MUNICIPAL CORPORATION FROM WHICH MONIES WERE RECEIVED IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION. § 3. This act shall take effect immediately and shall expire and be deemed repealed September 30, 2025. SUBPART B Section 1. The tax law is amended by adding a new section 187-q to read as follows: § 187-Q. UTILITY COVID-19 DEBT RELIEF CREDIT. 1. ALLOWANCE OF CREDIT. A TAXPAYER DOING BUSINESS IN THIS STATE THAT IS SUBJECT TO THE SUPER- VISION OF THE PUBLIC SERVICE COMMISSION SHALL BE ALLOWED A CREDIT AGAINST THE TAXES IMPOSED BY THIS ARTICLE, TO BE COMPUTED AS HEREINAFTER PROVIDED, FOR THE AMOUNT OF DEBT THAT THE TAXPAYER HAS WAIVED IN ACCORD- ANCE WITH PROCEDURES ESTABLISHED BY THE PUBLIC SERVICE COMMISSION THAT WAS OWED TO THE TAXPAYER BY CUSTOMERS WHO RECEIVED UTILITY ARREARS ASSISTANCE PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY- ONE THAT ENACTED THIS SECTION. PROVIDED, HOWEVER, THAT IF THE TAXPAYER IS SUBJECT TO TAX UNDER BOTH SECTIONS ONE HUNDRED EIGHTY-THREE AND ONE HUNDRED EIGHTY-FOUR OF THIS ARTICLE THE AMOUNT OF SUCH CREDIT ALLOWABLE AGAINST THE TAX IMPOSED BY SUCH SECTION ONE HUNDRED EIGHTY-FOUR SHALL BE S. 2506--C 78 A. 3006--C THE EXCESS OF THE AMOUNT OF SUCH CREDIT OVER THE AMOUNT OF ANY CREDIT ALLOWED BY THIS SECTION AGAINST THE TAX IMPOSED BY SECTION ONE HUNDRED EIGHTY-THREE OF THIS ARTICLE. 2. APPLICATION OF CREDIT. IN NO EVENT SHALL THE CREDIT UNDER THIS SECTION BE ALLOWED IN AN AMOUNT THAT WILL REDUCE THE TAX PAYABLE TO LESS THAN THE APPLICABLE MINIMUM TAX FIXED BY SECTION ONE HUNDRED EIGHTY- THREE OF THIS ARTICLE. IF, HOWEVER, THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SECTION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON. 3. CERTIFICATION. NO AMOUNT OF WAIVED CUSTOMER DEBT MAY BE THE BASIS FOR THE CREDIT HEREIN UNLESS SUCH AMOUNT IS CERTIFIED BY THE PUBLIC SERVICE COMMISSION AS PROVIDED HEREIN. AFTER CONSULTING WITH THE COMMIS- SIONER, THE PUBLIC SERVICE COMMISSION SHALL ESTABLISH PROCEDURES FOR DETERMINING THE AMOUNT OF WAIVED CUSTOMER DEBT THAT MAY BE USED AS A BASIS FOR THE TAX CREDIT ALLOWED BY THIS SECTION. SUCH PROCEDURES SHALL INCLUDE PROVISIONS DESCRIBING THE APPLICATION PROCESS, APPLICATION DUE DATES, THE DOCUMENTATION THAT WILL BE PROVIDED BY TAXPAYERS TO SUBSTAN- TIATE THE AMOUNT OF CUSTOMER DEBT THAT WAS WAIVED BY SUCH TAXPAYERS, THE PROCESS BY WHICH THE PUBLIC SERVICE COMMISSION SHALL CERTIFY TO A TAXPAYER AND TO THE COMMISSIONER THE AMOUNT OF WAIVED CUSTOMER DEBT THAT QUALIFIES FOR THE CREDIT, AND SUCH OTHER PROVISIONS AS DEEMED NECESSARY AND APPROPRIATE. 4. TIMING OF CREDIT. THE CREDIT ALLOWED BY THIS SECTION SHALL BE CLAIMED IN THE TAXABLE YEAR IN WHICH THE PUBLIC SERVICE COMMISSION CERTIFIES THE AMOUNT OF CUSTOMER DEBT WAIVED BY THE TAXPAYER THAT QUALI- FIES FOR THE CREDIT ALLOWED BY THIS SECTION. 5. CREDIT RECAPTURE. IF THE CERTIFICATION MADE BY THE PUBLIC SERVICE COMMISSION UNDER SUBDIVISION THREE OF THIS SECTION IS REVOKED BY THE PUBLIC SERVICE COMMISSION, THE AMOUNT OF CREDIT DESCRIBED IN THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL BE ADDED BACK TO THE TAX IN THE TAXABLE YEAR IN WHICH SUCH REVOCATION BECOMES FINAL. 6. INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, EMPLOYEES AND OFFICERS OF THE PUBLIC SERVICE COMMISSION AND THE DEPART- MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE INFORMATION REGARDING THE CREDITS ALLOWED, OR CLAIMED, PURSUANT TO THIS SECTION, AND THE TAXPAYERS WHO ARE APPLYING FOR CREDITS OR WHO ARE CLAIMING CREDITS, INCLUDING INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS SUBMITTED TO THE DEPARTMENT, AND THE INFORMATION OF THE TAXPAYER USED BY THE DEPARTMENT OF PUBLIC SERVICE TO DETERMINE THE AMOUNT OF WAIVED CUSTOMER DEBT. § 2. This act shall take effect immediately and shall apply to taxable years beginning on or after January 1, 2021. § 2. Severability. If any clause, sentence, paragraph, subdivision, section or subpart contained in any 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, subdi- vision, section or subpart contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that S. 2506--C 79 A. 3006--C this act would have been enacted even if such invalid provisions had not been included herein. § 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 CC Section 1. Subdivisions 3 and 4 of section 581-a of the labor law, as amended by chapter 21 of the laws of 2021, are amended to read as follows: 3. Notwithstanding the provisions of section five hundred eighty-one of this title to the contrary, AND FOR THE PURPOSE OF RESPONDING TO THE COVID-19 PANDEMIC, any employer whose employees receive payments under this article [and whose claims for unemployment insurance arise due to the closure of the employer or a reduction in the workforce of the employer for reasons related to the COVID-19 pandemic, or due to a mandatory order of a government entity duly authorized to issue such order to close such employer due to the COVID-19 pandemic,] FOR UNEM- PLOYMENT CLAIMS MADE on or after March [twelfth] NINTH, two thousand twenty AND THROUGH THE DURATION OF THE STATE DISASTER EMERGENCY DECLARED BY EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOUSAND TWENTY AND ANY FURTHER AMENDMENTS OR MODIFICATIONS THERETO, OR DECEMBER THIRTY-FIRST TWO THOUSAND TWENTY-ONE, WHICHEVER IS LATER, shall not have included in their experience rating charges the amounts so paid to the employees from the fund. SUCH CHARGES, IF NOT REIMBURSED, IN WHOLE OR IN PART BY THE FEDERAL GOVERNMENT, SHALL BE MADE TO THE GENERAL ACCOUNT FOR THE FUND CREATED BY SECTION FIVE HUNDRED FIFTY OF THIS ARTICLE. 4. The provisions of this section shall apply to an employer liable for CONTRIBUTIONS OR payments in lieu of contributions, but if the secretary of labor of the United States finds that their application to such employer does not meet the requirements of the Federal Unemployment Tax Act, such provisions shall be inoperative with respect to such employer, unless and until such finding has been set aside pursuant to a final decision issued in accordance with such judicial review proceedings as may be instituted and completed under the provisions of section thirty-three hundred ten of the Federal Unemployment Tax Act. § 2. Section 2 of chapter 21 of the laws of 2021, amending the labor law relating to prohibiting the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges, is amended to read as follows: § 2. This act shall take effect immediately [and shall expire December 31, 2021, when upon such date the provisions of this act shall be deemed repealed]. § 3. This act shall take effect immediately. PART DD Section 1. Clause (A) of subparagraph (i) of paragraph a of subdivi- sion 3 of section 667 of the education law, as amended by section 1 of part B of chapter 60 of the laws of 2000, item 1 as amended by section 1 and item 2 as amended by section 2 of part H and subitem (d) of item 1 as added by section 1 of part E of chapter 58 of the laws of 2011, the opening paragraph of item 1 as amended by section 2 of part X of chapter 56 of the laws of 2014, subitem (a) of item 1 as amended by section 2, S. 2506--C 80 A. 3006--C subitem (b) of item 1 as amended by section 3 and subitem (c) of item 1 as amended by section 1 of part U of chapter 56 of the laws of 2014, is amended to read as follows: (A) (1) In the case of students who have not been granted an exclusion of parental income, who have qualified as an orphan, foster child, or ward of the court for the purposes of federal student financial aid programs authorized by Title IV of the Higher Education Act of 1965, as amended, 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 two hundred ninety dollars; or (b) For students first receiving aid in nineteen hundred ninety-three- -nineteen hundred ninety-four or earlier, three thousand seven hundred forty dollars; or (c) For students first receiving aid in two thousand--two thousand one and thereafter, five] FIVE thousand dollars, except starting in two thousand fourteen-two thousand fifteen [and thereafter] such students shall receive five thousand one hundred sixty-five dollars, AND EXCEPT STARTING IN TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO AND THERE- AFTER SUCH STUDENTS SHALL RECEIVE FIVE THOUSAND SIX HUNDRED SIXTY-FIVE DOLLARS, PROVIDED HOWEVER THAT NOTHING HEREIN SHALL BE CONSTRUED AS INCREASING ANY AWARD MADE PURSUANT TO THIS SECTION FOR AN ACADEMIC YEAR PRIOR TO TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO; or [(d)] (B) 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, EXCEPT STARTING IN TWO THOUSAND TWENTY- ONE--TWO THOUSAND TWENTY-TWO AND THEREAFTER SUCH STUDENTS SHALL RECEIVE FOUR THOUSAND FIVE HUNDRED 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. (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] BEGINNING IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY- TWO ACADEMIC YEAR AND THEREAFTER, THREE THOUSAND FIVE HUNDRED TWENTY- FIVE DOLLARS, PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED AS INCREASING ANY AWARD MADE FOR ANY PRIOR ACADEMIC YEAR; or § 2. Subparagraphs (i) and (ii) of paragraph b of subdivision 3 of section 667 of the education law, as amended by chapter 309 of the laws S. 2506--C 81 A. 3006--C of 1996, clause (B) of subparagraph (i) as amended by section 2 of part B of chapter 60 of the laws of 2000, are amended to read as follows: (i) For each year of study, assistance shall be provided as computed on the basis of the amount which is the lesser of the following: (A) (1) [eight] ONE THOUSAND THREE hundred dollars, or (2) for students receiving awards pursuant to subparagraph (iii) of this paragraph, [six] ONE THOUSAND ONE hundred forty dollars; or (B) (1) Ninety-five percent of the amount of tuition (exclusive of educational fees) charged. (2) For the two thousand one--two thousand two academic year and ther- eafter one hundred percent of the amount of tuition (exclusive of educa- tional fees). (ii) Except for students as noted in subparagraph (iii) of this para- graph, 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) Less than seven thousand None dollars (B) Seven thousand dollars or Seven per centum of the excess more, but less than eleven over seven thousand dollars thousand dollars [(C) For students first receiving aid: (1) for the first time in academic years nineteen hundred eighty-nine- -nineteen hundred ninety, nineteen hundred ninety-two--nineteen hundred ninety-three and nineteen hundred ninety-three--nineteen hundred nine- ty-four: Amount of income Schedule of reduction of base amount Eleven thousand dollars or Two hundred eighty dollars plus more but not more than forty- ten per centum of the excess two thousand five hundred over eleven thousand dollars dollars (2) for the first time in academic years nineteen hundred ninety-- nineteen hundred ninety-one, nineteen hundred ninety-one--nineteen hundred ninety-two, nineteen hundred ninety-four--nineteen hundred nine- ty-five and thereafter: Amount of income Schedule of reduction of base amount Eleven thousand dollars or Two hundred eighty dollars plus more but not more than fifty ten per centum of the excess thousand five hundred over eleven thousand dollars dollars (3) for the first time in academic years prior to academic year nine- teen hundred eighty-nine--nineteen hundred ninety: Amount of income Schedule of reduction of S. 2506--C 82 A. 3006--C base amount Eleven thousand dollars or Two hundred eighty dollars plus more but not more than thirty- ten per centum of the excess over four thousand two hundred fifty eleven thousand dollars dollars] § 3. Section 689-a of the education law, as added by chapter 260 of the laws of 2011, is amended to read as follows: § 689-a. Tuition credits. 1. The New York state higher education services corporation shall calculate a tuition credit for each resident undergraduate student who has filed an application with such corporation for a tuition assistance program award pursuant to section six hundred sixty-seven of this article, and is determined to be eligible to receive such award, and is also enrolled in a program of undergraduate study at a state operated or senior college of the state university of New York or the city university of New York where the annual resident undergradu- ate tuition rate will exceed [five thousand dollars] THE MAXIMUM TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SUBITEM (A) OF ITEM ONE OF CLAUSE (A) OF SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE. Such tuition credit shall be calculated for each semester, quarter or term of study that tuition is charged and tuition for the corresponding semester, quarter or term shall not be due for any student eligible to receive such tuition credit until such credit is calculated, the student and school where the student is enrolled is notified of the tuition credit amount, and such tuition credit is applied toward the tuition charged. 2. Each tuition credit pursuant to this section shall be an amount equal to the product of the total annual resident undergraduate tuition rate minus [five thousand dollars] THE MAXIMUM TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SUBITEM (A) OF ITEM ONE OF CLAUSE (A) OF SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE then multiplied by an amount equal to the product of the total annual award for the student pursuant to section six hundred sixty-seven of this article divided by an amount equal to the maximum amount the student qualifies to receive pursuant to clause (A) of subparagraph (i) of paragraph a of subdivision three of section six hundred sixty-seven of this article. § 4. Section 16 of chapter 260 of the laws of 2011 amending the educa- tion law and the New York state urban development corporation act relat- ing to establishing components of the NY-SUNY 2020 challenge grant program, as amended by section 5 of part JJJ of chapter 59 of the laws of 2017, is amended to read as follows: § 16. This act shall take effect July 1, 2011; provided that sections one, two, three, four, five, six, eight, nine, ten, eleven, twelve and thirteen of this act shall expire [10] 13 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided further that sections fourteen and fifteen of this act shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed. § 5. This act shall take effect July 1, 2021; provided, however, that the amendments to section 689-a of the education law made by section three of this act shall not affect the repeal of such section and shall be deemed to expire therewith. PART EE S. 2506--C 83 A. 3006--C Section 1. Section 398-a of the social services law is amended by adding a new subdivision 6 to read as follows: (6) (A) ANY FEDERAL PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS FUND- ING OR OTHER EXTRAORDINARY FEDERAL FUNDING, AS DETERMINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, RECEIVED BY AN AUTHORIZED AGENCY AS DEFINED IN SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE, TO THE EXTENT CONSISTENT WITH FEDERAL LAW, SHALL BE DISREGARDED WHEN CALCULATING THE MAXIMUM STATE AID RATE WHEN SUCH FUNDING IS UTILIZED FOR ALLOWABLE COSTS OR EXPENSES INCURRED DUE TO THE STATE OF EMERGENCY THAT WAS DECLARED IN EXECUTIVE ORDER TWO HUNDRED TWO ON MARCH SEVENTH, TWO THOUSAND TWENTY. ALLOWABLE COSTS OR EXPENSES SHALL INCLUDE COSTS INCURRED DUE TO THE PANDEMIC, AS ALLOWABLE PURSUANT TO THE PROGRAM THROUGH WHICH SUCH FUNDING WAS RECEIVED OR, TO THE EXTENT PERMITTED BY FEDERAL LAW, EXPENSES RELATED TO OFFSETTING LOST REVENUE DUE TO A REDUCTION IN PLACEMENTS THAT CAN BE DIRECTLY ATTRIBUTED TO THE NOVEL CORONAVIRUS (COVID-19) PANDEMIC. (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL HOLD HARMLESS THE PROSPECTIVE MAXIMUM STATE AID RATE TO THE EXTENT THAT EXTRAORDINARY FEDERAL REVENUE WAS DISREGARDED IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO RATE YEAR AND SUBSEQUENT APPLICABLE RATE YEARS. § 2. This act shall take effect immediately and shall expire and be deemed repealed 5 years after such date. PART FF Section 1. Notwithstanding any provision of law to the contrary, in accordance with section 4 of Division X of the federal Consolidated Appropriations Act of 2021 (P.L. 116-260) or any successor legislation, a youth may not be required to leave foster care or be found to be inel- igible for title IV-E foster care maintenance payments solely due to such youth's age or such youth being deemed to not have met a condition of section 475(8)(B)(iv) of the federal social security act; and provided further that, notwithstanding any other provision of law to the contrary and in accordance with section 4 of Division X of the federal Consolidated Appropriations Act of 2021 (P.L. 116-260) or any successor legislation, until October 1, 2021, a youth who was previously in foster care and was discharged from foster care after obtaining the age of 18, on or after April 1, 2020, shall be permitted to voluntarily return to and remain in foster care, as authorized by section 4 of Division X of the federal Consolidated Appropriations Act of 2021 (P.L. 116-260), or any such date as may be authorized pursuant to successor legislation. § 2. Notwithstanding the age limitations for foster care contained in articles 3, 7, 10, or 10-A of the family court act and in accordance with section 4 of Division X of the federal Consolidated Appropriations Act of 2021 (P.L. 116-260) or any successor legislation, youth who stay in foster care beyond age 21 pursuant to this chapter shall continue to have permanency hearings at the same intervals as such hearings would otherwise occur if such youth remained in care and had not obtained the age of 21. § 3. Notwithstanding any provision of law to the contrary, in accord- ance with section 4 of Division X of the federal Consolidated Appropri- ations Act of 2021 (P.L. 116-260) or any successor legislation, the family court shall be authorized to conduct proceedings and issue deter- minations pursuant to article 10-B of the family court act without regard to the youth's age or such youth being deemed to not have met a S. 2506--C 84 A. 3006--C condition of section 475(8)(B)(iv) of the federal social security act until October 1, 2021, or any such date as may be authorized pursuant to successor legislation. Provided further, any such motions shall be heard and determined on an expedited basis. § 4. This act shall take effect immediately and shall expire and be deemed repealed on the same date and in the same manner as the termi- nation of the provisions of section 4 of Division X of the federal Consolidated Appropriations Act of 2021 (P.L. 116-260), or on such later date as may be provided in any successor legislation; provided that the commissioner of the office of children and family services shall notify the legislative bill drafting commission upon the occurrence of the termination of the provisions of section 4 of Division X of the federal Consolidated Appropriations Act of 2021 (P.L. 116-260) or of a later date provided by successor legislation in order that the commission may maintain an accurate and timely effective database of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. PART GG Section 1. Paragraph h of subdivision 2 of section 355 of the educa- tion law is amended by adding a new subparagraph 4-b to read as follows: (4-B) (I) IN STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT IN THE AMOUNT OF THIRTY-THREE PERCENT OF THE TUITION CREDIT CALCULATED PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY- THREE ACADEMIC YEAR. (II) IN STATE FISCAL YEAR TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT IN THE AMOUNT OF SIXTY-SEVEN PERCENT OF THE TUITION CREDIT CALCULATED PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR. (III) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT IN THE AMOUNT OF THE TUITION CREDIT CALCULATED PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS CHAPTER ANNUALLY. § 2. Subdivision 7 of section 6206 of the education law is amended by adding a new paragraph (f) to read as follows: (F) (I) IN STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT IN THE AMOUNT OF THIRTY-THREE PERCENT OF THE TUITION CREDIT CALCULATED PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY- THREE ACADEMIC YEAR. (II) IN STATE FISCAL YEAR TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT IN THE AMOUNT OF SIXTY-SEVEN PERCENT OF THE TUITION CREDIT CALCULATED PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR. (III) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE AND THEREAFTER, THE STATE SHALL APPROPRIATE AND S. 2506--C 85 A. 3006--C MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT IN THE AMOUNT OF THE TUITION CREDIT CALCULATED PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS CHAPTER ANNUALLY. § 3. This act shall take effect immediately. PART HH Section 1. Subdivision 11 of section 17 of the public officers law, as added by chapter 499 of the laws of 1992, is amended to read as follows: 11. The provisions of this section shall not apply to physicians who are subject to the provisions of the plan for the management of clinical practice income as set forth in the policies of the board of trustees, title 8, New York codes, rules and regulations, regarding any civil action or proceeding alleging some professional malpractice in any state or federal court arising out of the physician's involvement in clinical practice as defined in that plan, PROVIDED HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CLAIM OR PROCEEDING ARISES WHILE THE PHYSICIAN WAS ACTING ON BEHALF OF THE STATE WITHIN THE SCOPE OF SUCH PHYSICIAN'S PUBLIC EMPLOYMENT OR DUTIES. § 2. This act shall take effect immediately and shall apply to all claims pending or filed on or after such date. PART II Section 1. Subdivision 2 of section 2805-i of the public health law, as added by section 2 of part HH of chapter 57 of the laws of 2018, is amended to read as follows: 2. Sexual offense evidence shall be collected and maintained as follows: (a) All sexual offense evidence shall be kept in a locked, separate and secure area for twenty years from the date of collection; provided that such evidence shall be transferred to a new location(s) pursuant to this subdivision. (b) Sexual offense evidence shall include, but not be limited to, slides, cotton swabs, clothing and other items. Where appropriate, such items shall be refrigerated and the clothes and swabs shall be dried, stored in paper bags, and labeled. Each item of evidence shall be marked and logged with a code number corresponding to the alleged sexual offense victim's medical record. (c) Upon collection, the hospital shall notify the alleged sexual offense victim that, after twenty years, the sexual offense evidence will be discarded in compliance with state and local health codes and that the alleged sexual offense victim's clothes or personal effects will be returned to the alleged sexual offense victim at any time upon request. The alleged sexual offense victim shall be given the option of providing contact information for purposes of receiving notice of the planned destruction of such evidence after the expiration of the twen- ty-year period. (d) Until [April first] SEPTEMBER THIRTIETH, two thousand [twenty-one] TWENTY-TWO, or earlier if determined feasible by the director of budget [pursuant to paragraph (g) of this subdivision], hospitals shall be responsible for securing long-term sexual offense evidence pursuant to this section, after which such storage shall be the responsibility of the [custodian(s) identified in the plan approved by the director of budget pursuant to paragraph (g) of this subdivision] OFFICE OF VICTIM SERVICES. Hospitals may enter into contracts with other entities that S. 2506--C 86 A. 3006--C will ensure appropriate and secure long-term storage of sexual offense evidence pursuant to this section until [April first] SEPTEMBER THIRTI- ETH, two thousand [twenty-one] TWENTY-TWO. (e) Beginning April first, two thousand eighteen, the department, the office of victim services, the division of criminal justice services and the division of state police shall jointly study, evaluate and make recommendations concerning the storage and monitoring of sexual offense evidence for twenty years, including studying options for the use of: state-owned or operated facilities; facilities owned or operated by local government or law enforcement agencies; and facilities owned or operated by private entities. (f) [On or before December first, two thousand nineteen, such agencies shall submit a joint plan to the director of budget, speaker of the assembly, and president pro tempore of the senate, which shall at a minimum include: recommended storage location(s) for sexual offense evidence; a schedule for sexual offense evidence held by hospitals pursuant to this section to be transferred to such storage location(s) by April first, two thousand twenty-one; and tracking, monitoring and notification option(s). (g) On or before January first, two thousand twenty, the director of budget shall approve a plan that, at a minimum, establishes: storage location(s) for sexual offense evidence by no later than April first, two thousand twenty-one; a reasonable schedule for sexual offense evidence maintained by hospitals pursuant to this section to be trans- ferred to such storage location(s); and tracking, monitoring and notifi- cation system(s). (h)] Between thirty and ten days prior to the transfer of sexual offense evidence to the [storage location(s) identified in the plan approved by the director of budget pursuant to paragraph (g) of this subdivision] OFFICE OF VICTIM SERVICES, hospitals shall make diligent efforts to notify the alleged sexual offense victim of the transfer of custody for the remainder of the twenty-year storage period. [(i)] (G) On [April first] SEPTEMBER THIRTIETH, two thousand [twenty- one] TWENTY-TWO, or earlier if determined feasible by the director of budget, responsibility for long-term storage of sexual offense evidence shall transfer to the [custodian(s) identified in the plan approved by the director of budget pursuant to paragraph (g) of this subdivision] OFFICE OF VICTIM SERVICES. [(j)] (H) After [April first] SEPTEMBER THIRTIETH, two thousand [twen- ty-one] TWENTY-TWO, or earlier if determined feasible by the director of budget, hospitals shall ensure transfer of sexual offense evidence collected pursuant to this section to the [custodian(s) identified in the plan approved by the director of budget pursuant to paragraph (g) of this subdivision] OFFICE OF VICTIM SERVICES within ten days of collection of such evidence, while maintaining chain of custody. [(k)] (I) At least ninety days prior to the expiration of the twenty- year storage period for any sexual offense evidence, the [custodian(s) of the sexual offense evidence] OFFICE OF VICTIM SERVICES shall make diligent efforts to contact the alleged sexual offense victim to notify the alleged sexual offense victim that the sexual offense evidence will be discarded in compliance with state and local health codes and that the alleged sexual offense victim's clothes and personal effects will be returned to the alleged sexual offense victim upon request. [(l)] (J) Notwithstanding any other provision in this section, sexual offense evidence shall not continue to be stored where: (i) such evidence is not privileged and law enforcement requests its release, in S. 2506--C 87 A. 3006--C which case the custodian(s) shall comply with such request; or (ii) such evidence is privileged and either (A) the alleged sexual offense victim gives permission to release the evidence to law enforcement, or (B) the alleged sexual offense victim signs a statement directing the custodian(s) to dispose of the evidence, in which case the sexual offense evidence will be discarded in compliance with state and local health codes. § 2. This act shall take effect April 1, 2021. PART JJ Section 1. This Part enacts into law major components of legislation which are related to the availability of adverse childhood experiences services. Each component is wholly contained within a Subpart identi- fied 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 refer- ence 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 two contains a severability clause for all provisions contained in each Subpart of this Part. Section three of this act sets forth the general effective date of this Part. SUBPART A Section 1. The social services law is amended by adding a new section 131-aaa to read as follows: § 131-AAA. AVAILABILITY OF ADVERSE CHILDHOOD EXPERIENCES SERVICES. EACH LOCAL SOCIAL SERVICES DISTRICT SHALL BE REQUIRED TO MAKE AVAILABLE TO APPLICANTS AND RECIPIENTS OF PUBLIC ASSISTANCE WHO ARE A PARENT, GUARDIAN, CUSTODIAN OR OTHERWISE RESPONSIBLE FOR A CHILD'S CARE, EDUCA- TIONAL MATERIALS DEVELOPED PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-C OF THIS ARTICLE TO EDUCATE THEM ABOUT ADVERSE CHILD- HOOD EXPERIENCES, THE IMPORTANCE OF PROTECTIVE FACTORS AND THE AVAIL- ABILITY OF SERVICES FOR CHILDREN AT RISK FOR OR SUFFERING FROM ADVERSE CHILDHOOD EXPERIENCES. THE EDUCATIONAL MATERIALS MAY BE MADE AVAILABLE ELECTRONICALLY AND SHALL BE OFFERED AT THE TIME OF APPLICATION AND RECERTIFICATION. § 2. Article 5 of the social services law is amended by adding a new title 12-A to read as follows: TITLE 12-A SUPPORTS AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE CHILDHOOD EXPERIENCES SECTION 370-C. SUPPORTS AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE CHILDHOOD EXPERIENCES. § 370-C. SUPPORTS AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE CHILD- HOOD EXPERIENCES. 1. YOUTH SUFFERING FROM OR AT RISK OF ADVERSE CHILD- HOOD EXPERIENCES, AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-D OF THIS CHAPTER, MAY BE ELIGIBLE FOR A RANGE OF APPRO- PRIATE SERVICES AND SUPPORTS THAT ENHANCE PROTECTIVE FACTORS, OR ARE CULTURALLY COMPETENT, EVIDENCE BASED AND TRAUMA INFORMED AND BENEFICIAL TO THE OVERALL HEALTH AND WELL-BEING OF THE YOUTH, INCLUDING BUT NOT NECESSARILY LIMITED TO AVAILABLE: (I) APPROPRIATE HEALTH AND BEHAVIORAL HEALTH SERVICES PROVIDED TO YOUTH WHO ARE OTHERWISE ELIGIBLE UNDER S. 2506--C 88 A. 3006--C SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED TEN OF THE PUBLIC HEALTH LAW AND SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-FIVE-A OF THIS ARTICLE; (II) PREVENTIVE SERVICES PROVIDED TO YOUTH WHO ARE OTHER- WISE ELIGIBLE PURSUANT TO SECTION FOUR HUNDRED NINE-A OF THIS ARTICLE; (III) SERVICES PROVIDED TO YOUTH WHO ARE OTHERWISE ELIGIBLE PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED FIFTY-EIGHT-M OF THIS CHAPTER; OR (IV) TO THE EXTENT FUNDS ARE SPECIFICALLY APPROPRIATED THEREFOR, ANY OTHER SERVICES NECESSARY TO SERVE YOUTH SUFFERING FROM ADVERSE CHILDHOOD EXPERIENCES. 2. THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, THE DEPARTMENT OF HEALTH AND NOT-FOR-PROFIT ORGANIZATIONS THAT HAVE EXPERTISE PROVIDING SERVICES TO INDIVIDUALS SUFFERING FROM ADVERSE CHILDHOOD EXPERIENCES, SHALL DEVELOP OR UTILIZE EXISTING EDUCATIONAL MATERIALS TO BE USED TO EDUCATE PARENTS, GUARDIANS AND OTHER AUTHORIZED INDIVIDUALS ABOUT ADVERSE CHILDHOOD EXPERIENCES INCLUDING THE ENVIRONMENTAL EVENTS THAT MAY IMPACT OR LEAD TO ADVERSE CHILDHOOD EXPERIENCES, THE IMPORTANCE OF PROTECTIVE FACTORS AND THE AVAILABILITY OF SERVICES FOR CHILDREN AT RISK OF OR SUFFERING FROM ADVERSE CHILDHOOD EXPERIENCES. SUCH INFORMATION SHALL BE MADE AVAILABLE ELECTRONICALLY AND SHALL BE POSTED ON EACH AGEN- CY'S WEBSITE. § 3. Subdivision 7 of section 390 of the social services law is amended by adding a new paragraph (c) to read as follows: (C) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL IMPLEMENT A STATEWIDE CAMPAIGN TO EDUCATE PARENTS AND OTHER CONSUMERS OF CHILD DAY CARE PROGRAMS ABOUT ADVERSE CHILDHOOD EXPERIENCES, THE IMPORTANCE OF PROTECTIVE FACTORS, AND THE AVAILABILITY OF SERVICES FOR CHILDREN AT RISK FOR OR EXPERIENCING ADVERSE CHILDHOOD EXPERIENCES AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-D OF THIS CHAPTER. SUCH STATEWIDE CAMPAIGN, SHALL INCLUDE BUT IS NOT LIMITED TO, PROVIDING ALL LICENSED, REGISTERED AND ENROLLED CHILD CARE PROVIDERS WITH EDUCA- TIONAL MATERIALS DEVELOPED PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-C OF THIS CHAPTER. THE EDUCATIONAL MATERIALS MAY BE MADE AVAILABLE ELECTRONICALLY AND SHALL BE OFFERED TO PARENTS AND OTHER CONSUMERS AT THE TIME OF ENROLLMENT. § 4. Section 305 of the education law is amended by adding a new subdivision 59 to read as follows: 59. THE COMMISSIONER SHALL MAKE AVAILABLE EDUCATIONAL MATERIALS DEVEL- OPED PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-C OF THE SOCIAL SERVICES LAW TO EVERY SCHOOL DISTRICT, CHARTER SCHOOL, NONPUBLIC SCHOOL, APPROVED PRESCHOOL, APPROVED PRESCHOOL SPECIAL EDUCA- TION PROGRAM, APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES, STATE-SUPPORTED SCHOOL IN ACCORDANCE WITH ARTICLE EIGHTY-FIVE OF THIS CHAPTER, AND BOARD OF COOP- ERATIVE EDUCATIONAL SERVICES FOR THE PURPOSE OF EDUCATING PARENTS, GUAR- DIANS AND OTHER AUTHORIZED INDIVIDUALS RESPONSIBLE FOR THE CHILD'S CARE ABOUT ADVERSE CHILDHOOD EXPERIENCES, THE IMPORTANCE OF PROTECTIVE FACTORS, AND THE AVAILABILITY OF SERVICES FOR CHILDREN AT RISK FOR OR EXPERIENCING ADVERSE CHILDHOOD EXPERIENCES. THE COMMISSIONER SHALL PROVIDE THAT SUCH EDUCATIONAL MATERIALS ARE MADE AVAILABLE ONLINE PURSU- ANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-C OF THE SOCIAL SERVICES LAW. § 5. The public health law is amended by adding a new section 2509-c to read as follows: S. 2506--C 89 A. 3006--C § 2509-C. AVAILABILITY OF ADVERSE CHILDHOOD EXPERIENCES SERVICES. EVERY PEDIATRICS HEALTH CARE PROVIDER LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW SHALL BE REQUIRED TO PROVIDE THE PARENT, GUARDIAN, CUSTODIAN OR OTHER AUTHORIZED INDIVIDUAL OF A CHILD THAT THE PEDIATRICIAN SEES IN THEIR OFFICIAL CAPACITY, WITH EDUCATIONAL MATERIALS DEVELOPED PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-C OF THE SOCIAL SERVICES LAW. SUCH MATERIALS MAY BE PROVIDED ELECTRONICALLY AND SHALL BE USED TO INFORM AND EDUCATE THEM ABOUT ADVERSE CHILDHOOD EXPERIENCES, THE IMPORTANCE OF PROTECTIVE FACTORS AND THE AVAILABILITY OF SERVICES FOR CHILDREN AT RISK FOR OR EXPERIENCING ADVERSE CHILDHOOD EXPERIENCES. § 6. Paragraph (a) of subdivision 2 of section 422 of the social services law, as amended by chapter 357 of the laws of 2014, is amended to read as follows: (a) The central register shall be capable of receiving telephone calls alleging child abuse or maltreatment and of immediately identifying prior reports of child abuse or maltreatment and capable of monitoring the provision of child protective service twenty-four hours a day, seven days a week. To effectuate this purpose, but subject to the provisions of the appropriate local plan for the provision of child protective services, there shall be a single statewide telephone number that all persons, whether mandated by the law or not, may use to make telephone calls alleging child abuse or maltreatment and that all persons so authorized by this title may use for determining the existence of prior reports in order to evaluate the condition or circumstances of a child. In addition to the single statewide telephone number, there shall be a special unlisted express telephone number and a telephone facsimile number for use only by persons mandated by law to make telephone calls, or to transmit telephone facsimile information on a form provided by the commissioner of children and family services, alleging child abuse or maltreatment, and for use by all persons so authorized by this title for determining the existence of prior reports in order to evaluate the condition or circumstances of a child. When any allegations contained in such telephone calls could reasonably constitute a report of child abuse or maltreatment, AFTER UTILIZING PROTOCOLS THAT WOULD REDUCE IMPLICIT BIAS FROM THE DECISION-MAKING PROCESS, such allegations and any previous reports to the central registry involving the subject of such report or children named in such report, including any previous report containing allegations of child abuse and maltreatment alleged to have occurred in other counties and districts in New York state shall be immediately transmitted orally or electronically by the office of children and fami- ly services to the appropriate local child protective service for inves- tigation. The inability of the person calling the register to identify the alleged perpetrator shall, in no circumstance, constitute the sole cause for the register to reject such allegation or fail to transmit such allegation for investigation. If the records indicate a previous report concerning a subject of the report, the child alleged to be abused or maltreated, a sibling, other children in the household, other persons named in the report or other pertinent information, the appro- priate local child protective service shall be immediately notified of the fact. If the report involves either (i) an allegation of an abused child described in paragraph (i), (ii) or (iii) of subdivision (e) of section one thousand twelve of the family court act or sexual abuse of a child or the death of a child or (ii) suspected maltreatment which alleges any physical harm when the report is made by a person required to report pursuant to section four hundred thirteen of this title within S. 2506--C 90 A. 3006--C six months of any other two reports that were indicated, or may still be pending, involving the same child, sibling, or other children in the household or the subject of the report, the office of children and fami- ly services shall identify the report as such and note any prior reports when transmitting the report to the local child protective services for investigation. § 7. Paragraph (c) of subdivision 2 of section 421 of the social services law, as amended by section 2 of part R of chapter 56 of the laws of 2020, is amended to read as follows: (c) issue guidelines to assist local child protective services in the interpretation and assessment of reports of abuse and maltreatment made to the statewide central register described in section four hundred twenty-two of this article. Such guidelines shall include information, standards and criteria for the identification of evidence of alleged abuse and maltreatment as required to determine whether a report may be indicated pursuant to this article. PROVIDED FURTHER, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL UPDATE SUCH GUIDELINES, STANDARDS AND CRITERIA ISSUED TO THE LOCAL CHILD PROTECTIVE SERVICES TO INCLUDE PROTOCOLS TO REDUCE IMPLICIT BIAS IN THE DECISION-MAKING PROCESSES, STRATEGIES FOR IDENTIFYING ADVERSE CHILDHOOD EXPERIENCES AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-D OF THIS CHAPTER, AND GUIDELINES TO ASSIST IN RECOGNIZING SIGNS OF ABUSE OR MALTREATMENT WHILE INTERACTING VIRTUALLY. THE OFFICE MAY UTILIZE EXISTING PROGRAMS OR MATERIALS ESTABLISHED PURSUANT TO SECTION TWENTY-D OF THIS CHAPTER. § 8. Section 413 of the social services law is amended by adding a new subdivision 5 to read as follows: 5. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL UPDATE TRAINING ISSUED TO PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE OR MALTREATMENT TO INCLUDE PROTOCOLS TO REDUCE IMPLICIT BIAS IN THE DECISION-MAKING PROCESSES, STRATEGIES FOR IDENTIFYING ADVERSE CHILDHOOD EXPERIENCES AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-D OF THIS CHAPTER, AND GUIDELINES TO ASSIST IN RECOGNIZ- ING SIGNS OF ABUSE OR MALTREATMENT WHILE INTERACTING VIRTUALLY. SUCH PERSONS AND OFFICIALS SHALL HAVE THREE YEARS FROM THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT ADDED THIS SUBDIVISION TO RECEIVE SUCH UPDATED MANDATED REPORTED TRAINING. § 9. This act shall take effect April 1, 2022, provided, however, that section eight of this act shall expire and be deemed repealed three years after the effective date of this act. SUBPART B Intentionally Omitted. § 2. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any subpart 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 by confined in its operation to the clause, sentence, paragraph, subdi- vision, section or part contained in any subpart thereof directly involved in the controversy in which such judgment 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. 2506--C 91 A. 3006--C § 3. This act shall take effect immediately, provided, however, that the applicable effective date of Subpart A of this act shall be as specifically set forth in the last section of such Subpart. PART KK Section 1. Electronic service of process authorized by the provisions of this act is an optional program. Any corporation, association, limit- ed liability company, or partnership will continue to receive service of process by mail unless such corporation, association, limited liability company, or partnership makes an affirmative choice to receive service of process through electronic means. The department of state's division of corporations, state records and uniform commercial code shall conspicuously display on their website a description of each available method of submitting a copy of process to the department of state along with the disclosure that using any such method of submission will not result in any extra cost to the consumer. § 1-a. Paragraph (d) of section 304 of the business corporation law is amended to read as follows: (d) Any designated [post-office] POST OFFICE address to which the secretary of state shall mail a copy of process served upon him OR HER as agent of a domestic corporation or a foreign corporation, shall continue until the filing of a certificate OR OTHER INSTRUMENT under this chapter directing the mailing to a different [post-office] POST OFFICE address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRON- ICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS. § 1-b. The business corporation law is amended by adding a new section 304-a to read as follows: § 304-A. ELECTRONIC SERVICE OF PROCESS. THE SECRETARY OF STATE SHALL ADVISE ANY CORPORATION SUBJECT TO THE LAWS OF THIS CHAPTER IN PROMINENT WRITTEN FORM AS FOLLOWS: (A) ELECTRON- IC SERVICE OF PROCESS AUTHORIZED BY THE PROVISIONS OF THIS CHAPTER IS AN OPTIONAL PROGRAM AT NO ADDITIONAL COST TO THE USER; (B) ANY CORPORATION SUBJECT TO THE LAWS OF THIS CHAPTER WILL CONTINUE TO RECEIVE SERVICE OF PROCESS BY MAIL UNLESS SUCH CORPORATION NOTIFIES THE SECRETARY OF AN AFFIRMATIVE CHOICE TO RECEIVE SERVICE OF PROCESS BY WAY OF THE PROGRAM THROUGH ELECTRONIC MEANS, IN WHICH CASE DIGITAL COPIES WILL BE MADE ACCESSIBLE BUT PAPER DOCUMENTS WILL NOT BE MAILED; AND (C) SUCH CHOICE MAY BE REVERSED BY THE CORPORATION AT ANY TIME AND, THEREAFTER, SERVICE BY MAIL WILL RESUME. § 2. Subparagraph 1 of paragraph (b) of section 306 of the business corporation law, as amended by chapter 419 of the laws of 1990, is amended to read as follows: (1) Service of process on the secretary of state as agent of a domes- tic or authorized foreign corporation shall be made [by personally] IN THE MANNER PROVIDED BY CLAUSE (I) OR (II) OF THIS SUBPARAGRAPH. EITHER OPTION OF SERVICE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH SHALL BE AVAILABLE AT NO EXTRA COST TO THE CONSUMER. (I) PERSONALLY delivering to and leaving with the secretary of state or a deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the statutory fee, which fee shall S. 2506--C 92 A. 3006--C be a taxable disbursement. Service of process on such corporation shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the department of state, specified for the purpose. If a domes- tic or authorized foreign corporation has no such address on file in the department of state, the secretary of state shall so mail such copy, in the case of a domestic corporation, in care of any director named in its certificate of incorporation at the director's address stated therein or, in the case of an authorized foreign corporation, to such corpo- ration at the address of its office within this state on file in the department. (II) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN CORPO- RATION HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH CORPORATION AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION. § 3. The opening paragraph of paragraph (b) of section 307 of the business corporation law is amended to read as follows: Service of such process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS PARAGRAPH. EITHER OPTION OF SERVICE AUTHORIZED PURSUANT TO THIS PARA- GRAPH SHALL BE AVAILABLE AT NO EXTRA COST TO THE CONSUMER. (1) PERSONALLY delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxa- ble disbursement. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. Such service shall be sufficient if notice thereof and a copy of the process are: § 4. Subparagraph 7 of paragraph (a) of section 402 of the business corporation law is amended to read as follows: (7) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER. § 5. Paragraph (b) of section 801 of the business corporation law is amended by adding a new subparagraph 15 to read as follows: (15) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 6. Paragraph (b) of section 803 of the business corporation law is amended by adding a new subparagraph 4 to read as follows: S. 2506--C 93 A. 3006--C (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 7. Paragraph (b) of section 805-A of the business corporation law, as added by chapter 725 of the laws of 1964, is amended to read as follows: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or other corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such corpo- ration, may be signed[, verified] and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subparagraphs (a) (1), (2) and (3) of this section; that a notice of the proposed change was mailed to the corpo- ration by the party signing the certificate not less than thirty days prior to the date of delivery to the department and that such corpo- ration has not objected thereto; and that the party signing the certif- icate is the agent of such corporation to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT OF THE CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed[, verified] and deliv- ered under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certif- icate is filed. § 8. Subparagraph 8 of paragraph (a) of section 904-a of the business corporation law, as amended by chapter 177 of the laws of 2008, is amended to read as follows: (8) If the surviving or resulting entity is a foreign corporation or other business entity, a designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in paragraph (b) of section three hundred six of this chapter, in any action or special proceeding, and a post office address, within or with- out this state, to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address shall supersede any prior address designated as the address to which process shall be mailed AND SUCH EMAIL ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS THE EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT; § 9. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of the business corporation law, as amended by chapter 494 of the laws of 1997, is amended to read as follows: (G) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding, and a post office address, within or without this state, to S. 2506--C 94 A. 3006--C which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address shall supersede any prior address designated as the address to which process shall be mailed AND SUCH EMAIL ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS THE EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT. § 10. Subparagraph 6 of paragraph (a) of section 1304 of the business corporation law, as amended by chapter 684 of the laws of 1963 and as renumbered by chapter 590 of the laws of 1982, is amended to read as follows: (6) A designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 11. Paragraph (a) of section 1308 of the business corporation law is amended by adding a new subparagraph 10 to read as follows: (10) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 12. Paragraph (c) of section 1309-A of the business corporation law, as amended by chapter 172 of the laws of 1999, is amended and a new subparagraph 4 is added to paragraph (a) to read as follows: (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. (c) A certificate of change of application for authority which changes only the post office address to which the secretary of state shall mail a copy of any process against an authorized foreign corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE AND/OR which changes the address of its registered agent, provided such address is the address of a person, partnership or other corporation whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as registered agent for such authorized foreign corporation, may be signed and delivered to the department of state by such agent. The certificate of change of application for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of the proposed change was mailed by the party signing the certificate to the authorized foreign corporation not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party signing the certificate is the agent of such foreign corporation to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED ON THE SECRETARY OF STATE AND/OR the regis- tered agent, if such be the case. A certificate signed and delivered S. 2506--C 95 A. 3006--C under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certificate is filed. § 13. Subparagraph 6 of paragraph (a) and paragraph (d) of section 1310 of the business corporation law, the opening paragraph of paragraph (d) as amended by chapter 172 of the laws of 1999, are amended to read as follows: (6) A post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. (d) The post office address AND/OR THE EMAIL ADDRESS specified under subparagraph (6) of paragraph (a) of this section may be changed. A certificate, entitled "Certificate of amendment of certificate of surrender of authority of ........ (name of corporation) under section 1310 of the Business Corporation Law", shall be signed as provided in paragraph (a) of this section and delivered to the department of state. It shall set forth: (1) The name of the foreign corporation. (2) The jurisdiction of its incorporation. (3) The date its certificate of surrender of authority was filed by the department of state. (4) The changed post office address, within or without this state, to which the secretary of state shall mail a copy of any process against it served upon him OR HER AND/OR THE CHANGED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 14. Section 1311 of the business corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: § 1311. Termination of existence. When an authorized foreign corporation is dissolved or its authority or existence is otherwise terminated or cancelled in the jurisdiction of its incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, a certificate of the secretary of state, or official performing the equivalent function as to corporate records, of the jurisdiction of incorporation of such foreign corporation attesting to the occurrence of any such event or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its exist- ence or the cancellation of its authority shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section 1310 (Surrender of authority). The secretary of state shall continue as agent of the foreign corporation upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding based upon any liability or obligation incurred by the foreign corporation within this state prior to the filing of such certificate, order or decree and he OR SHE shall promptly cause a copy of any such process to be mailed by [registered] CERTIFIED mail, return receipt requested, to such foreign corporation at the post office address on file in his OR HER office specified for such purpose OR A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH FOREIGN CORPORATION HAS BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN HIS OR HER OFFICE SPECIFIED FOR SUCH S. 2506--C 96 A. 3006--C PURPOSE. The post office address AND/OR EMAIL ADDRESS may be changed by signing and delivering to the department of state a certificate of change setting forth the statements required under section 1309-A (Certificate of change; contents) to effect a change in the post office address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) OR (10) of section 1308 (Amendments or changes). § 15. Subdivisions 2 and 3 of section 18 of the general associations law, as amended by chapter 13 of the laws of 1938, are amended to read as follows: 2. Every association doing business within this state shall file in the department of state a certificate in its associate name, signed and acknowledged by its president, or a vice-president, or secretary, or treasurer, or managing director, or trustee, designating the secretary of state as an agent upon whom process in any action or proceeding against the association may be served within this state, and setting forth an address to which the secretary of state shall mail a copy of any process against the association which may be served upon him OR HER pursuant to law. THE ASSOCIATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Annexed to the certificate of designation shall be a statement, executed in the same manner as the certificate is required to be executed under this section, which shall set forth: (a) the names and places of residence of its officers and trustees (b) its principal place of business (c) the place where its office within this state is located and if such place be in a city, the location thereof by street and number or other particular description. 3. Any association, from time to time, may change the address to which the secretary of state is directed to mail copies of process OR SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE ASSOCIATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, by filing a statement to that effect, executed, signed and acknowledged in like manner as a certif- icate of designation as herein provided. § 15-a. The general associations law is amended by adding a new section 18-a to read as follows: § 18-A. ELECTRONIC SERVICE OF PROCESS. THE SECRETARY OF STATE SHALL ADVISE ANY ASSOCIATION SUBJECT TO THE LAWS OF THIS CHAPTER IN PROMINENT WRITTEN FORM AS FOLLOWS: (A) ELECTRONIC SERVICE OF PROCESS AUTHORIZED BY THE PROVISIONS OF THIS CHAPTER IS AN OPTIONAL PROGRAM AT NO ADDITIONAL COST TO THE USER; (B) ANY ASSOCIATION SUBJECT TO THE LAWS OF THIS CHAP- TER WILL CONTINUE TO RECEIVE SERVICE OF PROCESS BY MAIL UNLESS SUCH ASSOCIATION NOTIFIES THE SECRETARY OF AN AFFIRMATIVE CHOICE TO RECEIVE SERVICE OF PROCESS BY WAY OF THE PROGRAM THROUGH ELECTRONIC MEANS, IN WHICH CASE DIGITAL COPIES WILL BE MADE ACCESSIBLE BUT PAPER DOCUMENTS WILL NOT BE MAILED; AND (C) SUCH CHOICE MAY BE REVERSED BY THE ASSOCI- ATION AT ANY TIME AND, THEREAFTER, SERVICE BY MAIL WILL RESUME. § 16. Section 19 of the general associations law, as amended by chap- ter 166 of the laws of 1991, is amended to read as follows: § 19. Service of process. Service of process against an association upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY SUBDIVISION ONE OR TWO OF THIS SECTION. EITHER OPTION OF SERVICE AUTHORIZED PURSUANT TO THIS SECTION SHALL BE AVAILABLE AT NO EXTRA COST TO THE CONSUMER. (1) PERSONALLY delivering to and leaving with him [or a deputy secretary of state or an associate attorney, S. 2506--C 97 A. 3006--C senior attorney or attorney in the corporation division of the depart- ment of state] OR HER OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, duplicate copies of such process at the office of the department of state in the city of Albany. At the time of such service the plaintiff shall pay a fee of forty dollars to the secretary of state which shall be a taxable disbursement. [If the cost of registered mail for transmitting a copy of the process shall exceed two dollars, an additional fee equal to such excess shall be paid at the time of the service of such process.] The secretary of state shall [forthwith] PROMPTLY send by [registered] CERTIFIED mail one of such copies to the association at the address fixed for that purpose, as herein provided. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE ASSOCIATION HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH ASSOCIATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH ASSOCIATION HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO SUCH ASSOCIATION AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH ASSOCIATION. If the action or proceeding is instituted in a court of limited jurisdiction, service of process may be made in the manner provided in this section if the cause of action arose within the territorial jurisdiction of the court and the office of the defendant, as set forth in its statement filed pursuant to section eighteen of this chapter, is within such territorial jurisdiction. § 17. Paragraph 4 of subdivision (e) of section 203 of the limited liability company law, as added by chapter 470 of the laws of 1997, is amended to read as follows: (4) a designation of the secretary of state as agent of the limited liability company upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against the limited liability company served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; § 18. Subdivision (d) of section 211 of the limited liability company law is amended by adding a new paragraph 10 to read as follows: (10) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 19. Section 211-A of the limited liability company law, as added by chapter 448 of the laws of 1998, is amended to read as follows: § 211-A. Certificate of change. (a) A limited liability company may amend its articles of organization from time to time to (i) specify or change the location of the limited liability company's office; (ii) specify or change the post office address to which the secretary of state shall mail a copy of any process against the limited liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE S. 2506--C 98 A. 3006--C OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke or change the designation of a registered agent, or specify or change the address of the registered agent. Any one or more such changes may be accom- plished by filing a certificate of change which shall be entitled "Certificate of Change of ....... (name of limited liability company) under section 211-A of the Limited Liability Company Law" and shall be signed and delivered to the department of state. It shall set forth: (1) the name of the limited liability company, and if it has been changed, the name under which it was formed; (2) the date the articles of organization were filed by the department of state; and (3) each change effected thereby. (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a limited liability company served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE- TARY OF STATE AND/OR the address of the registered agent, provided such address being changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, is the address of a person, partnership or corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such limited liability company may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the domestic limited liability company by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such domestic limited liability company has not objected thereto; and that the party signing the certificate is the agent of such limited liability company to whose address the secretary of state is required to mail copies of process, AND/OR THE AGENT OF THE LIMITED LIABILITY COMPA- NY TO WHOSE EMAIL ADDRESS OF THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON- ICALLY SERVED UPON THE SECRETARY OF STATE, or the registered agent, if such be the case. A certificate signed and delivered under this subdivi- sion shall not be deemed to effect a change of location of the office of the limited liability company in whose behalf such certificate is filed. § 20. Subdivision (c) of section 301 of the limited liability company law is amended to read as follows: (c) Any designated post office address to which the secretary of state shall mail a copy of process served upon him or her as agent of a domes- tic limited liability company or a foreign limited liability company shall continue until the filing of a certificate OR OTHER INSTRUMENT under this chapter directing the mailing to a different post office address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABILITY COMPANY, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELET- ING SUCH EMAIL ADDRESS. § 20-a. The limited liability company law is amended by adding a new section 301-b to read as follows: S. 2506--C 99 A. 3006--C § 301-B. ELECTRONIC SERVICE OF PROCESS. THE SECRETARY OF STATE SHALL ADVISE ANY LIMITED LIABILITY COMPANY SUBJECT TO THE LAWS OF THIS CHAPTER IN PROMINENT WRITTEN FORM AS FOLLOWS: (A) ELECTRONIC SERVICE OF PROCESS AUTHORIZED BY THE PROVISIONS OF THIS CHAPTER IS AN OPTIONAL PROGRAM AT NO ADDITIONAL COST TO THE USER; (B) ANY LIMITED LIABILITY COMPANY SUBJECT TO THE LAWS OF THIS CHAPTER WILL CONTINUE TO RECEIVE SERVICE OF PROCESS BY MAIL UNLESS SUCH LIMITED LIABILITY COMPANY NOTIFIES THE SECRETARY OF AN AFFIRMATIVE CHOICE TO RECEIVE SERVICE OF PROCESS BY WAY OF THE PROGRAM THROUGH ELECTRONIC MEANS, IN WHICH CASE DIGITAL COPIES WILL BE MADE ACCESSIBLE BUT PAPER DOCUMENTS WILL NOT BE MAILED; AND (C) SUCH CHOICE MAY BE REVERSED BY THE LIMITED LIABILITY COMPANY AT ANY TIME AND, THEREAFTER, SERVICE BY MAIL WILL RESUME. § 21. Subdivision (a) of section 303 of the limited liability company law, as relettered by chapter 341 of the laws of 1999, is amended to read as follows: (a) Service of process on the secretary of state as agent of a domes- tic limited liability company or authorized foreign limited liability company shall be made [by personally] IN THE MANNER PROVIDED BY PARA- GRAPH ONE OR TWO OF THIS SUBDIVISION. EITHER OPTION OF SERVICE AUTHOR- IZED PURSUANT TO THIS SUBDIVISION SHALL BE AVAILABLE AT NO EXTRA COST TO THE CONSUMER. (1) PERSONALLY delivering to and leaving with the secre- tary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the depart- ment of state in the city of Albany, duplicate copies of such process together with the statutory fee, which fee shall be a taxable disburse- ment. Service of process on such limited liability company shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such limited liability company at the post office address on file in the department of state specified for that purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED LIABILITY COMPANY HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH LIMITED LIABILITY COMPANY SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRE- TARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH LIMITED LIABILITY COMPANY HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO SUCH LIMITED LIABILITY COMPANY AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH LIMITED LIABILITY COMPANY. § 22. Subdivision (b) of section 304 of the limited liability company law is amended to read as follows: (b) Service of such process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION. EITHER OPTION OF SERVICE AUTHORIZED PURSUANT TO THIS SUBDI- VISION SHALL BE AVAILABLE AT NO EXTRA COST TO THE CONSUMER. (1) PERSONALLY delivering to and leaving with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statuto- ry fee, which fee shall be a taxable disbursement. S. 2506--C 100 A. 3006--C (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. § 23. Paragraph 4 of subdivision (a) of section 802 of the limited liability company law, as amended by chapter 470 of the laws of 1997, is amended to read as follows: (4) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER; § 24. Section 804-A of the limited liability company law, as added by chapter 448 of the laws of 1998, is amended to read as follows: § 804-A. Certificate of change. (a) A foreign limited liability compa- ny may amend its application for authority from time to time to (i) specify or change the location of the limited liability company's office; (ii) specify or change the post office address to which the secretary of state shall mail a copy of any process against the limited liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) to make, revoke or change the designation of a registered agent, or to specify or change the address of a registered agent. Any one or more such changes may be accomplished by filing a certificate of change which shall be entitled "Certificate of Change of ........ (name of limited liability company) under section 804-A of the Limited Liability Company Law" and shall be signed and delivered to the department of state. It shall set forth: (1) the name of the foreign limited liability company and, if applica- ble, the fictitious name the limited liability company has agreed to use in this state pursuant to section eight hundred two of this article; (2) the date its application for authority was filed by the department of state; and (3) each change effected thereby, (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a foreign limited liability company served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such limited liability company may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the foreign limited liability company by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such foreign limited liability company has not objected thereto; and that the party signing the certificate is the agent of such foreign S. 2506--C 101 A. 3006--C limited liability company to whose address the secretary of state is required to mail copies of process, AND/OR THE AGENT OF SUCH FOREIGN LIMITED LIABILITY COMPANY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, or the regis- tered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the foreign limited liability company in whose behalf such certificate is filed. § 25. Paragraph 6 of subdivision (b) of section 806 of the limited liability company law is amended to read as follows: (6) a post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 26. Section 807 of the limited liability company law is amended to read as follows: § 807. Termination of existence. When a foreign limited liability company that has received a certificate of authority is dissolved or its authority to conduct its business or existence is otherwise terminated or canceled in the jurisdiction of its formation or when such foreign limited liability company is merged into or consolidated with another foreign limited liability company, (a) a certificate of the secretary of state or official performing the equivalent function as to limited liability company records in the jurisdiction of organization of such limited liability company attesting to the occurrence of any such event or (b) a certified copy of an order or decree of a court of such juris- diction directing the dissolution of such foreign limited liability company, the termination of its existence or the surrender of its authority shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section eight hundred six of this article. The secretary of state shall continue as agent of the foreign limited liability company upon whom process against it may be served in the manner set forth in article three of this chap- ter, in any action or proceeding based upon any liability or obligation incurred by the foreign limited liability company within this state prior to the filing of such certificate, order or decree. The post office address AND/OR EMAIL ADDRESS may be changed by filing with the department of state a certificate of amendment under section eight hundred four of this article. § 27. Paragraph 11 of subdivision (a) of section 1003 of the limited liability company law, as amended by chapter 374 of the laws of 1998, is amended to read as follows: (11) a designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in article three of this chapter in any action or special proceeding, and a post office address, within or without this state, to which the secretary of state shall mail a copy of any process served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address OR EMAIL ADDRESS shall supersede any prior address designated as the address to which process shall be mailed OR A NOTICE EMAILED; S. 2506--C 102 A. 3006--C § 28. Paragraph 6 of subdivision (a) of section 1306 of the limited liability company law is amended to read as follows: (6) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER; and § 29. Paragraph (d) of section 304 of the not-for-profit corporation law, as amended by chapter 358 of the laws of 2015, is amended to read as follows: (d) Any designated post-office address to which the secretary of state shall mail a copy of process served upon him or her as agent of a domes- tic corporation formed under article four of this chapter or foreign corporation, shall continue until the filing of a certificate OR OTHER INSTRUMENT under this chapter directing the mailing to a different post- office address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS. § 30. Paragraph (b) of section 306 of the not-for-profit corporation law, as amended by chapter 23 of the laws of 2014, is amended to read as follows: (b) Service of process on the secretary of state as agent of a domes- tic corporation formed under article four of this chapter or an author- ized foreign corporation shall be made [by personally] IN THE MANNER PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS PARAGRAPH. (1) PERSONALLY delivering to and leaving with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the stat- utory fee, which fee shall be a taxable disbursement. Service of process on such corporation shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the department of state, specified for the purpose. If a domestic corporation formed under article four of this chapter or an authorized foreign corporation has no such address on file in the department of state, the secretary of state shall so mail such copy to such corporation at the address of its office within this state on file in the department. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN CORPORATION HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRE- TARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH CORPORATION HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO SUCH CORPORATION AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF S. 2506--C 103 A. 3006--C STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION. § 30-a. The not-for-profit corporation law is amended by adding a new section 306-a to read as follows: § 306-A. ELECTRONIC SERVICE OF PROCESS. THE SECRETARY SHALL ADVISE ANY CORPORATION SUBJECT TO THE LAWS OF THIS CHAPTER IN PROMINENT WRITTEN FORM AS FOLLOWS: (A) ELECTRONIC SERVICE OF PROCESS AUTHORIZED BY THE PROVISIONS OF THIS CHAPTER IS AN OPTIONAL PROGRAM AT NO ADDITIONAL COST TO THE USER; (B) ANY CORPORATION SUBJECT TO THE LAWS OF THIS CHAPTER WILL CONTINUE TO RECEIVE SERVICE OF PROCESS BY MAIL UNLESS SUCH CORPORATION NOTIFIES THE SECRETARY OF AN AFFIRMATIVE CHOICE TO RECEIVE SERVICE OF PROCESS BY WAY OF THE PROGRAM THROUGH ELEC- TRONIC MEANS, IN WHICH CASE DIGITAL COPIES WILL BE MADE ACCESSIBLE BUT PAPER DOCUMENTS WILL NOT BE MAILED; AND (C) SUCH CHOICE MAY BE REVERSED BY THE CORPORATION AT ANY TIME AND, THEREAFTER, SERVICE BY MAIL WILL RESUME. § 31. Paragraph (b) of section 307 of the not-for-profit corporation law is amended to read as follows: (b) (1) Service of such process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY ITEMS (I) OR (II) OF THIS SUBPARAGRAPH. EITHER OPTION OF SERVICE AUTHORIZED PURSUANT TO THIS PARA- GRAPH SHALL BE AVAILABLE AT NO EXTRA COST TO THE CONSUMER. (I) PERSONALLY delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxa- ble disbursement. [Such service] (II) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. (2) SERVICE UNDER THIS PARAGRAPH shall be sufficient if notice thereof and a copy of the process are: [(1)] (I) Delivered personally without this state to such foreign corporation by a person and in the manner authorized to serve process by law of the jurisdiction in which service is made, or [(2)] (II) Sent by or on behalf of the plaintiff to such foreign corporation by registered mail with return receipt requested, at the post office address specified for the purpose of mailing process, on file in the department of state, or with any official or body performing the equivalent function, in the jurisdiction of its incorporation, or if no such address is there specified, to its registered or other office there specified, or if no such office is there specified, to the last address of such foreign corporation known to the plaintiff. § 32. Subparagraph 6 of paragraph (a) of section 402 of the not-for- profit corporation law, as added by chapter 564 of the laws of 1981 and as renumbered by chapter 132 of the laws of 1985, is amended to read as follows: (6) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER. § 33. Paragraph (b) of section 801 of the not-for-profit corporation law is amended by adding a new paragraph 10 to read as follows: S. 2506--C 104 A. 3006--C (10) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE THAT PROCESS AGAINST THE CORPO- RATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 34. Paragraph (c) of section 802 of the not-for-profit corporation law is amended by adding a new paragraph 4 to read as follows: (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 35. Subparagraph 6 of paragraph (a) of section 803 of the not-for- profit corporation law, as amended by chapter 23 of the laws of 2014, is amended to read as follows: (6) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon the secretary. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 36. Paragraph (b) of section 803-A of the not-for-profit corporation law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against the corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or other corpo- ration whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION, WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as regis- tered agent for such corporation, may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subparagraphs (1), (2) and (3) of paragraph (a) of this section; that a notice of the proposed change was mailed to the corporation by the party signing the certificate not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party sign- ing the certificate is the agent of such corporation to whose address the secretary of state is required to mail copies of any process against the corporation served upon him or HER, AND/OR THE AGENT OF THE CORPO- RATION TO WHOSE THE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this para- graph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certificate is filed. § 37. Paragraph (c) of section 1310 of the not-for-profit corporation law, as amended by chapter 172 of the laws of 1999, is amended and a new subparagraph 4 is added to paragraph (a) to read as follows: (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. (c) A certificate of change of application for authority which changes only the post office address to which the secretary of state shall mail S. 2506--C 105 A. 3006--C a copy of any process against an authorized foreign corporation served upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON- ICALLY SERVED UPON THE SECRETARY OF STATE AND/OR which changes the address of its registered agent, provided such address is the address of a person, partnership or other corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such authorized foreign corporation, may be signed and delivered to the department of state by such agent. The certificate of change of application for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of the proposed change was mailed by the party signing the certificate to the authorized foreign corporation not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party signing the certificate is the agent of such foreign corporation to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this paragraph shall not be deemed to effect a change of location of the office of the corpo- ration in whose behalf such certificate is filed. § 38. Subparagraph 6 of paragraph (a) of section 1311 of the not-for- profit corporation law is amended to read as follows: (6) A post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 39. Section 1312 of the not-for-profit corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: § 1312. Termination of existence. When an authorized foreign corporation is dissolved or its authority or existence is otherwise terminated or cancelled in the jurisdiction of its incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, a certificate of the secretary of state, or official performing the equivalent function as to corporate records, of the jurisdiction of incorporation of such foreign corporation attesting to the occurrence of any such event or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its exist- ence or the cancellation of its authority shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section 1311 (Surrender of authority). The secretary of state shall continue as agent of the foreign corporation upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding based upon any liability or obligation incurred by the foreign corporation within this state prior to the filing of such certificate, order or decree and he shall promptly cause a copy of any such process to be mailed by [registered] CERTIFIED mail, return receipt S. 2506--C 106 A. 3006--C requested, to such foreign corporation at the post office address on file in his OR HER office specified for such purpose OR A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN HIS OR HER OFFICE SPECIFIED FOR SUCH PURPOSE. The post office address AND/OR EMAIL ADDRESS may be changed by signing and delivering to the department of state a certificate of change setting forth the statements required under section 1310 (Certificate of change[,]; contents) to effect a change in the post office address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes). § 40. Subdivision (c) of section 121-104 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (c) Any designated post office address to which the secretary of state shall mail a copy of process served upon him as agent of a domestic limited partnership or foreign limited partnership shall continue until the filing of a certificate OR OTHER INSTRUMENT under this article directing the mailing to a different post office address AND ANY DESIG- NATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PART- NERSHIP, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS. § 41. Subdivision (a) and the opening paragraph of subdivision (b) of section 121-109 of the partnership law, as added by chapter 950 of the laws of 1990 and as relettered by chapter 341 of the laws of 1999, are amended to read as follows: (a) Service of process on the secretary of state as agent of a domes- tic or authorized foreign limited partnership shall be made [as follows:] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDI- VISION. EITHER OPTION OF SERVICE AUTHORIZED PURSUANT TO THIS SUBDIVISION SHALL BE AVAILABLE AT NO EXTRA COST TO THE CONSUMER. (1) By personally delivering to and leaving with him OR HER or his OR HER deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the stat- utory fee, which fee shall be a taxable disbursement. [(2)] The service on the limited partnership is complete when the secretary of state is so served. [(3)] The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, addressed to the limited part- nership at the post office address, on file in the department of state, specified for that purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE AS AGENT OF SUCH DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP. SERVICE OF PROCESS ON SUCH LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH LIMITED PARTNER- SHIP AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED S. 2506--C 107 A. 3006--C FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP. In any case in which a non-domiciliary would be subject to the personal or other jurisdiction of the courts of this state under article three of the civil practice law and rules, a foreign limited partnership not authorized to do business in this state is subject to a like juris- diction. In any such case, process against such foreign limited partner- ship may be served upon the secretary of state as its agent. Such proc- ess may issue in any court in this state having jurisdiction of the subject matter. Service of process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION. EITHER OPTION OF SERVICE AUTHORIZED PURSUANT TO THIS PARAGRAPH SHALL BE AVAILABLE AT NO EXTRA COST TO THE CONSUMER. (1) PERSONALLY delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxa- ble disbursement. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. Such service shall be sufficient if notice thereof and a copy of the process are: § 41-a. The partnership law is amended by adding a new section 121-109-a to read as follows: § 121-109-A. ELECTRONIC SERVICE OF PROCESS. THE SECRETARY OF STATE SHALL ADVISE ANY PARTNERSHIP SUBJECT TO THE LAWS OF THIS ARTICLE IN PROMINENT WRITTEN FORM AS FOLLOWS: (A) ELECTRONIC SERVICE OF PROCESS AUTHORIZED BY THE PROVISIONS OF THIS CHAPTER IS AN OPTIONAL PROGRAM AT NO ADDITIONAL COST TO THE USER; (B) ANY PARTNERSHIP SUBJECT TO THE LAWS OF THIS CHAPTER WILL CONTINUE TO RECEIVE SERVICE OF PROCESS BY MAIL UNLESS SUCH PARTNERSHIP NOTIFIES THE SECRETARY OF AN AFFIRMATIVE CHOICE TO RECEIVE SERVICE OF PROCESS BY WAY OF THE PROGRAM THROUGH ELECTRONIC MEANS, IN WHICH CASE DIGITAL COPIES WILL BE MADE ACCESSIBLE BUT PAPER DOCUMENTS WILL NOT BE MAILED; AND (C) SUCH CHOICE MAY BE REVERSED BY THE PARTNERSHIP AT ANY TIME AND, THEREAFTER, SERVICE BY MAIL WILL RESUME. § 42. Paragraph 3 of subdivision (a) of section 121-201 of the part- nership law, as amended by chapter 264 of the laws of 1991, is amended to read as follows: (3) a designation of the secretary of state as agent of the limited partnership upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; § 43. Paragraph 4 of subdivision (b) of section 121-202 of the part- nership law, as amended by chapter 576 of the laws of 1994, is amended to read as follows: (4) a change in the name of the limited partnership, or a change in the post office address to which the secretary of state shall mail a copy of any process against the limited partnership served on him OR HER, A CHANGE IN THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, or a change in the name or address of the registered agent, if such change is made other than pursuant to section 121-104 or 121-105 of this article. S. 2506--C 108 A. 3006--C § 44. The opening paragraph of subdivision (a) and subdivision (b) of section 121-202-A of the partnership law, as added by chapter 448 of the laws of 1998, are amended to read as follows: A certificate of limited partnership may be changed by filing with the department of state a certificate of change entitled "Certificate of Change of ..... (name of limited partnership) under Section 121-202-A of the Revised Limited Partnership Act" and shall be signed and delivered to the department of state. A certificate of change may (i) specify or change the location of the limited partnership's office; (ii) specify or change the post office address to which the secretary of state shall mail a copy of process against the limited partnership served upon him; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke or change the designation of a registered agent, or to specify or change the address of its registered agent. It shall set forth: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a limited partnership served upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such limited partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the domestic limited partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such domestic limited partnership has not objected thereto; and that the party signing the certificate is the agent of such limited partnership to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited partnership in whose behalf such certificate is filed. § 45. Paragraph 4 of subdivision (a) of section 121-902 of the part- nership law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: (4) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; S. 2506--C 109 A. 3006--C § 46. The opening paragraph of subdivision (a) and subdivision (b) of section 121-903-A of the partnership law, as added by chapter 448 of the laws of 1998, are amended to read as follows: A foreign limited partnership may change its application for authority by filing with the department of state a certificate of change entitled "Certificate of Change of ........ (name of limited partnership) under Section 121-903-A of the Revised Limited Partnership Act" and shall be signed and delivered to the department of state. A certificate of change may (i) change the location of the limited partnership's office; (ii) change the post office address to which the secretary of state shall mail a copy of process against the limited partnership served upon him; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke or change the designation of a registered agent, or to specify or change the address of its registered agent. It shall set forth: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a foreign limited partnership served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE- TARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corpo- ration whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNER- SHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such foreign limited partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the foreign limited partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such foreign limited partnership has not objected thereto; and that the party signing the certificate is the agent of such foreign limited part- nership to whose address the secretary of state is required to mail copies of process [or], THE EMAIL ADDRESS OF THE PARTY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE- TARY OF STATE AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited part- nership in whose behalf such certificate is filed. § 47. Paragraph 6 of subdivision (b) of section 121-905 of the part- nership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (6) a post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 48. Section 121-906 of the partnership law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: § 121-906. Termination of existence. When a foreign limited partner- ship which has received a certificate of authority is dissolved or its S. 2506--C 110 A. 3006--C authority to conduct its business or existence is otherwise terminated or cancelled in the jurisdiction of its organization or when such foreign limited partnership is merged into or consolidated with another foreign limited partnership, (i) a certificate of the secretary of state, or official performing the equivalent function as to limited partnership records, in the jurisdiction of organization of such limited partnership attesting to the occurrence of any such event, or (ii) a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign limited partnership, the termination of its existence or the surrender of its authority, shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certif- icate of surrender of authority under section 121-905 of this article. The secretary of state shall continue as agent of the foreign limited partnership upon whom process against it may be served in the manner set forth in section 121-109 of this article, in any action or proceeding based upon any liability or obligation incurred by the foreign limited partnership within this state prior to the filing of such certificate, order or decree. The post office address AND/OR EMAIL ADDRESS may be changed by filing with the department of state a certificate of amend- ment under section 121-903 or a certificate of change under section 121-903-A of this article. § 49. Paragraph 7 of subdivision (a) of section 121-1103 of the part- nership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (7) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in section 121-109 of this article in any action or special proceeding, and a post office address, within or without this state, to which the secretary of state shall mail a copy of any process served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address OR EMAIL ADDRESS shall supersede any prior address designated as the address to which process shall be mailed OR A NOTICE EMAILED. § 50. Subparagraph 4 of paragraph (I) of subdivision (a) and subdivi- sion (j-1) of section 121-1500 of the partnership law, paragraph (I) of subdivision (a) as amended by chapter 643 of the laws of 1995 and as redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as added by chapter 448 of the laws of 1998, are amended to read as follows: (4) a designation of the secretary of state as agent of the partner- ship without limited partners upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it or served upon it. THE PARTNERSHIP WITHOUT LIMITED PARTNERS MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; (j-1) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a registered limited liability partnership served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON- ICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the S. 2506--C 111 A. 3006--C address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as registered agent for such registered limited liability partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth: (i) the name of the registered limited liability partnership and, if it has been changed, the name under which it was originally filed with the depart- ment of state; (ii) the date of filing of its initial registration or notice statement; (iii) each change effected thereby; (iv) that a notice of the proposed change was mailed to the limited liability partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such limited liability partnership has not objected thereto; and (v) that the party signing the certificate is the agent of such limited liability partner- ship to whose address the secretary of state is required to mail copies of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited liability partnership in whose behalf such certificate is filed. The certificate of change shall be accompanied by a fee of five dollars. § 51. Paragraph (v) of subdivision (a) and subdivision (i-1) of section 121-1502 of the partnership law, paragraph (v) of subdivision (a) as amended by chapter 470 of the laws of 1997 and subdivision (i-1) as added by chapter 448 of the laws of 1998, are amended to read as follows: (v) a designation of the secretary of state as agent of the foreign limited liability partnership upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it or served upon it. THE FOREIGN LIMITED LIABILITY PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; (i-1) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a New York registered foreign limited liability partnership served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPO- RATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as registered agent of such registered foreign limited liability partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth: (i) the name of the New York registered foreign limited liability partnership; (ii) the date of filing of its initial registration or notice statement; (iii) each change effected thereby; (iv) that a notice of the proposed change was mailed to the limited liability partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and S. 2506--C 112 A. 3006--C that such limited liability partnership has not objected thereto; and (v) that the party signing the certificate is the agent of such limited liability partnership to whose address the secretary of state is required to mail copies of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited liability part- nership in whose behalf such certificate is filed. The certificate of change shall be accompanied by a fee of five dollars. § 52. Subdivision (a) of section 121-1505 of the partnership law, as added by chapter 470 of the laws of 1997, is amended to read as follows: (a) Service of process on the secretary of state as agent of a regis- tered limited liability partnership OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP under this article shall be made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION. EITHER OPTION OF SERVICE AUTHORIZED PURSUANT TO THIS SUBDIVISION SHALL BE AVAILABLE AT NO EXTRA COST TO THE CONSUMER. (1) PERSONALLY delivering to and leaving with the secretary of state or a deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the stat- utory fee, which fee shall be a taxable disbursement. Service of process on such registered limited liability partnership shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such registered limited liability partnership, at the post office address on file in the department of state specified for such purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE REGISTERED LIMITED LIABILITY PARTNER- SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP SERVED HAS BEEN ELECTRONICALLY SERVED ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH REGISTERED LIMITED LIABILITY PARTNER- SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP. § 52-a. The partnership law is amended by adding a new section 121-1505-a to read as follows: § 121-1505-A. ELECTRONIC SERVICE OF PROCESS. THE SECRETARY OF STATE SHALL ADVISE ANY PARTNERSHIP SUBJECT TO THE LAWS OF THIS ARTICLE IN PROMINENT WRITTEN FORM AS FOLLOWS: (A) ELECTRONIC SERVICE OF PROCESS AUTHORIZED BY THE PROVISIONS OF THIS CHAPTER IS AN OPTIONAL PROGRAM AT S. 2506--C 113 A. 3006--C NO ADDITIONAL COST TO THE USER; (B) ANY PARTNERSHIP SUBJECT TO THE LAWS OF THIS CHAPTER WILL CONTINUE TO RECEIVE SERVICE OF PROCESS BY MAIL UNLESS SUCH PARTNERSHIP NOTIFIES THE SECRETARY OF AN AFFIRMATIVE CHOICE TO RECEIVE SERVICE OF PROCESS BY WAY OF THE PROGRAM THROUGH ELECTRONIC MEANS, IN WHICH CASE DIGITAL COPIES WILL BE MADE ACCESSIBLE BUT PAPER DOCUMENTS WILL NOT BE MAILED; AND (C) SUCH CHOICE MAY BE REVERSED BY THE PARTNERSHIP AT ANY TIME AND, THEREAFTER, SERVICE BY MAIL WILL RESUME. § 53. Subdivision 7 of section 339-n of the real property law, as amended by chapter 346 of the laws of 1997, is amended to read as follows: 7. A designation of the secretary of state as agent of the corporation or board of managers upon whom process against it may be served AND THE POST OFFICE ADDRESS WITHIN OR WITHOUT THIS STATE TO WHICH THE SECRETARY OF STATE SHALL MAIL A COPY OF ANY PROCESS AGAINST IT SERVED UPON HIM OR HER. THE DESIGNATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Service of process on the secretary of state as agent of such corporation or board of managers shall be made [personally] IN THE MANNER PROVIDED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION. EITHER OPTION OF SERVICE AUTHORIZED PURSUANT TO THIS SUBDIVISION SHALL BE AVAILABLE AT NO EXTRA COST TO THE CONSUMER. (A) PERSONALLY delivering to and leaving with him or her or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the stat- utory fee, which shall be a taxable disbursement. Service of process on such corporation or board of managers shall be complete when the secre- tary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation or board of managers, at the post office address, on file in the department of state, specified for such purpose. (B) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE CORPORATION OR BOARD OF MANAGERS HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION OR BOARD OF MANAGERS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION OR BOARD OF MANAGERS SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE TO SUCH CORPORATION OR BOARD OF MANAGERS AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION OR BOARD OF MANAGERS. Nothing in this subdivision shall affect the right to serve process in any other manner permitted by law. The corporation or board of managers shall also file with the secretary of state the name and post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon the secretary of state and shall update the filing as necessary. § 54. This act shall take effect January 1, 2023. PART LL S. 2506--C 114 A. 3006--C Section 1. Short title. This act shall be known and may be cited as the "community violence intervention act". § 2. The executive law is amended by adding a new section 636 to read as follows: § 636. COMMUNITY VIOLENCE INTERVENTION ACT. 1. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT GUN VIOLENCE AND OTHER FORMS OF VIOLENCE CONSTITUTE A CRISIS THAT POSES A SERIOUS THREAT TO THE HEALTH AND QUALITY OF LIFE OF ALL RESIDENTS OF THE STATE OF NEW YORK. AN EPIDEMIC OF VIOLENCE IS TEARING AT THE FABRIC OF LIFE IN MANY URBAN AREAS. THE LEGISLATURE FURTHER FINDS THAT FUNDS FROM THE VICTIMS OF CRIME ACT SHOULD BE USED TO SUPPORT HOSPITAL BASED VIOLENCE INTERVENTION PROGRAMS AND COMMUNITY BASED VIOLENCE INTERVENTION PROGRAMS. 2. COMMUNITY VIOLENCE INTERVENTION GRANTS. THE OFFICE SHALL DEDICATE TEN PERCENT OR MORE OF THE TOTAL FUNDING RECEIVED PER AWARD CYCLE PURSUANT TO THE FEDERAL VICTIMS OF CRIME ACT OF 1984 TO SUPPORT: (A) "COMMUNITY-BASED VIOLENCE INTERVENTION PROGRAMS" WHICH SHALL MEAN A VIOLENCE INTERVENTION PROGRAM THAT IS: (I) A NONPROFIT ORGANIZATION; AND (II) PROVIDES INTENSIVE COUNSELING, CASE MANAGEMENT, AND SOCIAL SERVICES TO INDIVIDUALS WHO ARE RECOVERING FROM INJURIES RESULTING FROM VIOLENCE OR WHO WERE WITNESS TO ACTS OF VIOLENCE; (B) "HOSPITAL-BASED VIOLENCE INTERVENTION PROGRAMS" WHICH SHALL MEAN A VIOLENCE INTERVENTION PROGRAM THAT IS: (I) OPERATED BY: (A) A PUBLIC HOSPITAL; OR (B) A NONPROFIT OR GOVERNMENT ENTITY IN COLLABORATION WITH A PUBLIC OR NOT-FOR-PROFIT HOSPITAL; AND (II) PROVIDES INTENSIVE COUN- SELING, CASE MANAGEMENT, AND SOCIAL SERVICES TO INDIVIDUALS WHO ARE RECOVERING FROM INJURIES RESULTING FROM VIOLENCE OR WHO WERE WITNESS TO ACTS OF VIOLENCE. 3. THE OFFICE SHALL PROMULGATE GUIDANCE RELATING TO COMMUNITY VIOLENCE INTERVENTION FOR HOSPITAL-BASED VIOLENCE INTERVENTION PROGRAMS AND COMMUNITY-BASED VIOLENCE INTERVENTION PROGRAMS. (A) THIS GUIDANCE SHALL BE DESIGNED TO PROMOTE: (I) ALTERNATIVE FUNDING SOURCES OTHER THAN THE STATE, INCLUDING LOCAL GOVERNMENT AND PRIVATE SOURCES AS WELL AS FUNDING FROM THE FEDERAL VICTIMS OF CRIME ACT OF 1984; (II) COORDINATION OF PUBLIC AND PRIVATE EFFORTS TO AID INDIVIDUALS WHO ARE RECOVERING FROM INJURIES RESULTING FROM VIOLENCE OR WHO WERE WITNESSES TO ACTS OF VIOLENCE; AND (III) LONG RANGE DEVELOPMENT OF SERVICES TO VICTIMS OF VIOLENT CRIMES IN THE COMMUNITY. (B) THIS GUIDANCE SHALL ALSO PROVIDE FOR: (I) CLEARLY DEFINED AND MEASURABLE OBJECTIVES INTENDED TO DEMONSTRATE THAT A PROGRAM IS DEVELOPED AND EVALUATED THROUGH SCIENTIFIC RESEARCH AND DATA COLLECTION WITH MEASURABLE EVIDENCE OF POSITIVE OUTCOMES RELATED TO VIOLENCE INTERVENTION; (II) A DESCRIPTION OF HOW THE NONPROFIT ORGANIZATION PROPOSES TO USE THE FUNDING TO: (A) ESTABLISH OR ENHANCE COMMUNITY-BASED VIOLENCE INTERVENTION PROGRAMS; (B) ENHANCE COORDINATION OF EXISTING VIOLENCE INTERVENTION PROGRAMS, IF ANY, TO MINIMIZE DUPLICATION OF SERVICES; AND (C) PLAN FOR THE COLLECTION OF RELEVANT DATA; AND (III) OUTREACH TO THE COMMUNITY AND EDUCATION AND TRAINING OF LAW ENFORCEMENT AND OTHER CRIMINAL JUSTICE OFFICIALS TO THE NEEDS OF VICTIMS OF VIOLENT CRIMES IN THE COMMUNITY, TO PERPETRATORS OF VIOLENT CRIMES AND TO WITNESSES OF VIOLENT CRIMES INVOLVED IN CRIMINAL PROSECUTIONS. S. 2506--C 115 A. 3006--C 4. TO THE EXTENT PRACTICABLE, THE OFFICE SHALL MAKE EFFORTS TO INFORM COMMUNITY-BASED VIOLENCE INTERVENTION PROGRAMS AND HOSPITAL-BASED INTER- VENTION PROGRAMS ABOUT ANTICIPATED AWARDS. § 3. This act shall take effect immediately. PART MM Section 1. Short title. This act shall be known and may be cited as the "comprehensive broadband connectivity act". § 2. The public service law is amended by adding a new section 224-c to read as follows: § 224-C. BROADBAND AND FIBER OPTIC SERVICES. 1. FOR THE PURPOSES OF THIS SECTION: (A) THE TERM "SERVED" MEANS ANY LOCATION WITH AT LEAST TWO INTERNET SERVICE PROVIDERS AND AT LEAST ONE SUCH PROVIDER OFFERS HIGH-SPEED INTERNET SERVICE. (B) THE TERM "UNDERSERVED" MEANS ANY LOCATION WHICH HAS FEWER THAN TWO INTERNET SERVICE PROVIDERS, OR HAS INTERNET SPEEDS OF AT LEAST 25 MEGA- BITS PER SECOND (MBPS) DOWNLOAD BUT LESS THAN 100 MBPS DOWNLOAD AVAIL- ABLE. (C) THE TERM "UNSERVED" MEANS ANY LOCATION WHICH HAS NO FIXED WIRELESS SERVICE OR WIRED SERVICE WITH SPEEDS OF LESS THAN 25 MBPS DOWNLOAD AVAILABLE. (D) THE TERM "HIGH-SPEED INTERNET SERVICE" MEANS INTERNET SERVICE OF AT LEAST 100 MBPS DOWNLOAD AND AT LEAST 10 MBPS UPLOAD. (E) THE TERM "BROADBAND SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERATION OF THE COMMUNICATIONS SERVICE, BUT SHALL NOT INCLUDE DIAL-UP SERVICE. (F) THE TERM "LOCATION" SHALL MEAN A GEOGRAPHIC AREA SMALLER THAN A CENSUS TRACT. (G) THE TERM "INTERNET SERVICE PROVIDER" SHALL MEAN ANY PERSON, BUSI- NESS OR ORGANIZATION QUALIFIED TO DO BUSINESS IN THIS STATE THAT PROVIDES INDIVIDUALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO THE INTERNET. 2. THE COMMISSION SHALL STUDY THE AVAILABILITY, RELIABILITY, AND COST OF HIGH-SPEED INTERNET AND BROADBAND SERVICES IN NEW YORK STATE. THE COMMISSION SHALL, TO THE EXTENT PRACTICABLE: (A) IDENTIFY AREAS AT A CENSUS BLOCK LEVEL THAT ARE SERVED BY A SOLE PROVIDER AND ASSESS ANY STATE REGULATORY AND STATUTORY BARRIERS RELATED TO THE DELIVERY OF COMPREHENSIVE STATEWIDE ACCESS TO HIGH-SPEED INTER- NET; (B) REVIEW AVAILABLE TECHNOLOGY TO IDENTIFY SOLUTIONS THAT BEST SUPPORT HIGH-SPEED INTERNET SERVICE IN UNDERSERVED OR UNSERVED AREAS, AND MAKE RECOMMENDATIONS ON ENSURING DEPLOYMENT OF SUCH TECHNOLOGY IN UNDERSERVED AND UNSERVED AREAS; (C) IDENTIFY INSTANCES DURING THE STUDY PERIOD WHERE LOCAL GOVERNMENTS HAVE NOTIFIED THE COMMISSION OF ALLEGED NON-COMPLIANCE WITH FRANCHISE AGREEMENTS AND INSTANCES OF COMMISSION OR DEPARTMENT ENFORCEMENT ACTIONS THAT HAVE HAD A DIRECT IMPACT ON INTERNET ACCESS; (D) IDENTIFY LOCATIONS WHERE INSUFFICIENT ACCESS TO HIGH-SPEED INTER- NET AND/OR BROADBAND SERVICE, AND/OR PERSISTENT DIGITAL DIVIDE, IS CAUS- ING NEGATIVE SOCIAL OR ECONOMIC IMPACT ON THE COMMUNITY; AND (E) PRODUCE AND PUBLISH ON ITS WEBSITE, A DETAILED INTERNET ACCESS MAP OF THE STATE, INDICATING ACCESS TO INTERNET SERVICE BY LOCATION. SUCH S. 2506--C 116 A. 3006--C MAP SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION FOR EACH LOCATION: (I) DOWNLOAD AND UPLOAD SPEEDS ADVERTISED AND EXPERIENCED; (II) THE CONSISTENCY AND RELIABILITY OF DOWNLOAD AND UPLOAD SPEEDS INCLUDING LATENCY; (III) THE TYPES OF INTERNET SERVICE AND TECHNOLOGIES AVAILABLE INCLUD- ING BUT NOT LIMITED TO DIAL-UP, BROADBAND, WIRELESS, FIBER, COAX, OR SATELLITE; (IV) THE NUMBER OF INTERNET SERVICE PROVIDERS AVAILABLE, THE PRICE OF INTERNET SERVICE AVAILABLE; AND (V) ANY OTHER FACTORS THE COMMISSION MAY DEEM RELEVANT. 3. THE COMMISSION SHALL SUBMIT A REPORT OF ITS FINDINGS AND RECOMMEN- DATIONS FROM THE STUDY REQUIRED IN SUBDIVISION TWO OF THIS SECTION, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AN UPDATED REPORT ANNUALLY THEREAFTER. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING, TO THE EXTENT SUCH INFOR- MATION IS AVAILABLE: (A) THE OVERALL NUMBER OF RESIDENCES WITH ACCESS TO HIGH-SPEED INTER- NET IDENTIFYING WHICH AREAS ARE SERVED, UNSERVED AND UNDERSERVED; (B) A REGIONAL SURVEY OF INTERNET SERVICE PRICES IN COMPARISON TO COUNTY-LEVEL MEDIAN INCOME; (C) ANY RELEVANT CONSUMER SUBSCRIPTION STATISTICS; (D) ANY OTHER METRICS OR ANALYSES THE COMMISSION DEEMS NECESSARY IN ORDER TO ASSESS THE AVAILABILITY, COST, AND RELIABILITY OF INTERNET SERVICE IN NEW YORK STATE; AND (E) THE MAP MAINTAINED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION. 4. THE COMMISSION SHALL HOLD AT LEAST ONE PUBLIC HEARING IN AN UPSTATE REGION AND ONE IN A DOWNSTATE REGION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, TO SOLICIT INPUT FROM THE PUBLIC AND OTHER STAKE- HOLDERS INCLUDING BUT NOT LIMITED TO INTERNET SERVICE PROVIDERS, TELE- COMMUNICATIONS CONCERNS, LABOR ORGANIZATIONS, PUBLIC SAFETY ORGANIZA- TIONS, HEALTHCARE, EDUCATION, AGRICULTURAL AND OTHER BUSINESSES OR ORGANIZATIONS. 5. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE COMMISSION MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR ANY STATE PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE COMMISSION TO CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION. ADDITIONALLY, INTERNET SERVICE PROVIDERS SHALL PROVIDE ANY INFORMATION AND DATA REQUESTED BY THE COMMISSION THAT IS RELATED TO THE STUDY REQUIRED UNDER THIS SECTION. § 3. This act shall take effect on the thirtieth day after it shall have become a law. PART NN Section 1. The general business law is amended by adding a new section 399-zzzzz to read as follows: § 399-ZZZZZ. BROADBAND SERVICE FOR LOW-INCOME CONSUMERS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "BROADBAND SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERA- TION OF THE COMMUNICATIONS SERVICE PROVIDED BY A WIRELINE, FIXED WIRE- S. 2506--C 117 A. 3006--C LESS OR SATELLITE SERVICE PROVIDER, BUT SHALL NOT INCLUDE DIAL-UP SERVICE. 2. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE WIRELINE, FIXED WIRELESS OR SATELLITE BROADBAND SERVICE IN NEW YORK STATE SHALL, NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, OFFER HIGH SPEED BROADBAND SERVICE TO LOW-INCOME CONSUMERS WHOSE HOUSEHOLD: (A) IS ELIGIBLE FOR FREE OR REDUCED-PRICED LUNCH THROUGH THE NATIONAL SCHOOL LUNCH PROGRAM; OR (B) IS ELIGIBLE FOR, OR RECEIVING THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS; OR (C) IS ELIGIBLE FOR, OR RECEIVING MEDICAID BENE- FITS; OR (D) IS ELIGIBLE FOR, OR ENROLLED IN SENIOR CITIZEN RENT INCREASE EXEMPTION; OR (E) IS ELIGIBLE FOR, OR ENROLLED IN DISABILITY RENT INCREASE EXEMPTION; OR (F) IS A RECIPIENT OF AN AFFORDABILITY BENE- FIT FROM A UTILITY. SUCH LOW-INCOME BROADBAND SERVICE SHALL PROVIDE A MINIMUM DOWNLOAD SPEED EQUAL TO THE GREATER OF TWENTY-FIVE MEGABITS PER SECOND DOWNLOAD SPEED OR THE DOWNLOAD SPEED OF THE PROVIDER'S EXISTING LOW-INCOME BROADBAND SERVICE SOLD TO CUSTOMERS IN THE STATE SUBJECT TO EXCEPTIONS ADOPTED BY THE PUBLIC SERVICE COMMISSION WHERE SUCH DOWNLOAD SPEED IS NOT REASONABLY PRACTICABLE. 3. BROADBAND SERVICE FOR LOW-INCOME CONSUMERS, AS SET FORTH IN THIS SECTION, SHALL BE PROVIDED AT A COST OF NO MORE THAN FIFTEEN DOLLARS PER MONTH, INCLUSIVE OF ANY RECURRING TAXES AND FEES SUCH AS RECURRING RENTAL FEES FOR SERVICE PROVIDER EQUIPMENT REQUIRED TO OBTAIN BROADBAND SERVICE AND USAGE FEES. BROADBAND SERVICE PROVIDERS SHALL ALLOW LOW-IN- COME BROADBAND SERVICE SUBSCRIBERS TO PURCHASE STANDALONE OR BUNDLED CABLE AND/OR PHONE SERVICES SEPARATELY. BROADBAND SERVICE PROVIDERS MAY, ONCE EVERY FIVE YEARS, AND AFTER THIRTY DAYS' NOTICE TO ITS CUSTOMERS AND THE DEPARTMENT OF PUBLIC SERVICE, INCREASE THE PRICE OF THIS SERVICE BY THE LESSER OF THE MOST RECENT CHANGE IN THE CONSUMER PRICE INDEX OR A MAXIMUM OF TWO PERCENT PER YEAR OF THE PRICE FOR SUCH SERVICE. 4. A BROADBAND SERVICE PROVIDER WHO OFFERS A HIGH SPEED BROADBAND SERVICE TO ELIGIBLE LOW-INCOME CUSTOMERS, AS SUCH TERM IS USED IN SUBDI- VISION TWO OF THIS SECTION, AT A DOWNLOAD SPEED OF TWO HUNDRED MEGABITS PER SECOND OR GREATER AT A COST OF NO MORE THAN TWENTY DOLLARS PER MONTH, INCLUSIVE OF ANY RECURRING TAXES AND FEES SUCH AS RECURRING RENTAL FEES FOR SERVICE PROVIDER EQUIPMENT REQUIRED TO OBTAIN BROADBAND SERVICE AND USAGE FEES, SHALL BE CONSIDERED TO BE IN COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION. SUCH PROVID- ERS MAY, ONCE EVERY TWO YEARS, AND AFTER THIRTY DAYS' NOTICE TO ITS CUSTOMERS AND THE DEPARTMENT OF PUBLIC SERVICE, INCREASE THE PRICE OF SUCH SERVICE BY THE LESSER OF THE MOST RECENT CHANGE IN THE CONSUMER PRICE INDEX OR A MAXIMUM OF TWO PERCENT PER YEAR OF THE PRICE FOR SUCH SERVICE. 5. THE REQUIREMENTS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL NOT APPLY TO ANY BROADBAND SERVICE PROVIDER PROVIDING SERVICE TO NO MORE THAN TWENTY THOUSAND HOUSEHOLDS, IF THE PUBLIC SERVICE COMMIS- SION DETERMINES THAT COMPLIANCE WITH SUCH REQUIREMENTS WOULD RESULT IN UNREASONABLE OR UNSUSTAINABLE FINANCIAL IMPACT ON THE BROADBAND SERVICE PROVIDER. 6. ANY CONTRACT OR AGREEMENT FOR BROADBAND SERVICE TARGETED TO LOW-IN- COME CONSUMERS PROVIDED BY AN ENTITY DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, PURSUANT TO THIS SECTION OR OTHERWISE, SHALL HAVE THE SAME TERMS AND CONDITIONS, OTHER THAN PRICE AND SPEED SET PURSUANT TO THIS SECTION, AS FOR THE REGULARLY PRICED OFFERINGS FOR SIMILAR SERVICE PROVIDED BY SUCH ENTITY. S. 2506--C 118 A. 3006--C 7. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO PROMOTE AND ADVERTISE THE AVAILABILI- TY OF BROADBAND SERVICE FOR LOW-INCOME CONSUMERS INCLUDING, BUT NOT LIMITED TO, THE PROMINENT DISPLAY OF, AND ENROLLMENT PROCEDURES FOR, SUCH SERVICE ON ITS WEBSITE AND IN ANY WRITTEN AND COMMERCIAL PROMO- TIONAL MATERIALS DEVELOPED TO INFORM CONSUMERS WHO MAY BE ELIGIBLE FOR SERVICE PURSUANT TO THIS SECTION. 8. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL ANNUALLY SUBMIT TO THE DEPARTMENT OF PUBLIC SERVICE, NO LATER THAN NOVEMBER FIFTEENTH AFTER THE EFFECTIVE DATE OF THIS ACT, AND ANNUALLY THEREAFTER, A COMPLIANCE REPORT SETTING FORTH: (A) A DESCRIPTION OF THE SERVICE OFFERED PURSUANT TO THIS SECTION; (B) THE NUMBER OF CONSUMERS ENROLLED IN SUCH SERVICE; (C) A DESCRIPTION OF THE PROCEDURES BEING USED TO VERI- FY THE ELIGIBILITY OF CUSTOMERS RECEIVING SUCH SERVICE; (D) A DESCRIPTION AND SAMPLES OF THE ADVERTISING OR MARKETING EFFORTS UNDER- TAKEN TO ADVERTISE OR PROMOTE SUCH SERVICE; (E) A DESCRIPTION OF ALL RETAIL RATE PRODUCTS, INCLUDING PRICING, OFFERED BY SUCH PERSON, BUSI- NESS, CORPORATION, OR THEIR AGENTS; (F) A DESCRIPTION, INCLUDING SPEED AND PRICE, OF ALL BROADBAND PRODUCTS OFFERED IN THE STATE OF NEW YORK; (G) A DESCRIPTION OF THE NUMBER OF CUSTOMERS IN ARREARS FOR THE PAYMENT FOR BROADBAND SERVICE, PERCENTAGE OF CUSTOMERS IN ARREARS THAT QUALIFY FOR LOW-INCOME BROADBAND SERVICE, THE NUMBER OF HOUSEHOLDS THAT HAVE HAD THEIR SERVICE TERMINATED AS A RESULT OF NON-PAYMENT, THE NUMBER OF CUSTOMERS WHOSE SERVICE WAS TERMINATED FOR ARREARS ARISING FROM NON-PAY- MENT FOR SERVICES OTHER THAN BROADBAND SERVICE, AND THE NUMBER OF HOUSE- HOLDS THAT HAVE THEIR BROADBAND SERVICE RESTORED AFTER BEING DELINQUENT ON THEIR PAYMENTS; AND SUCH OTHER INFORMATION AS THE DEPARTMENT OF PUBLIC SERVICE MAY REQUIRE. 9. THE DEPARTMENT OF PUBLIC SERVICE SHALL, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION AND AT LEAST EVERY FIVE YEARS THEREAFTER, UNDERTAKE A PROCEEDING TO DETERMINE IF THE MINIMUM BROADBAND DOWNLOAD SPEED IN THIS SECTION SHOULD BE INCREASED TO THE FEDERAL COMMUNICATIONS COMMISSION'S BENCHMARK BROADBAND DOWNLOAD SPEED, OR TO ANOTHER MINIMUM BROADBAND DOWNLOAD SPEED IF THE FEDERAL COMMUNICATIONS COMMISSION HAS NOT INCREASED ITS BENCHMARK BY SUCH DATE. THE DEPARTMENT OF PUBLIC SERVICE SHALL ALSO: (A) UNDERTAKE APPROPRIATE MEASURES TO INFORM THE PUBLIC ABOUT AVAILABLE BROADBAND PRODUCTS, INCLUDING RETAIL RATE PRODUCT OFFERINGS AND LOW-INCOME OFFERINGS; AND (B) PERIODICALLY, BUT NO LESS THAN ONCE EVERY FIVE YEARS, REVIEW ELIGIBILITY REQUIREMENTS FOR THE LOW-INCOME SERVICE REQUIRED PURSUANT TO THIS SECTION, AND UPDATE SUCH REQUIREMENTS AS MAY BE NECESSARY TO MEET THE NEEDS OF CONSUMERS. 10. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICA- TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN- UANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- S. 2506--C 119 A. 3006--C TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS PER VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. § 2. This act shall take effect immediately. PART OO Section 1. Section 106 of the social services law, as amended by section 1 of part S of chapter 56 of the laws of 2014, is amended to read as follows: § 106. Powers of social services official to receive and dispose of a deed, mortgage, or lien. 1. A social services official responsible, by or pursuant to any provision of this chapter, for the administration of assistance [or care] granted or applied for [may] SHALL NOT accept a deed of real property and/or a mortgage thereon on behalf of the social services district for the assistance [and care] of a person at public expense [but such property shall not be considered as public property and shall remain on the tax rolls and such deed or mortgage shall be subject to redemption as provided in paragraph (a) of subdivision six hereof]. 2. [A social services official may not assert any claim under any provision of this section to recover] (A) NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, IF, PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS SECTION, A SOCIAL SERVICES OFFICIAL ACCEPTED A DEED OF REAL PROPERTY AND/OR A MORTGAGE ON BEHALF OF THE SOCIAL SERVICES DISTRICT FOR THE ASSISTANCE OF A PERSON AT PUBLIC EXPENSE, SUCH SOCIAL SERVICES OFFICIAL SHALL NOT ASSERT ANY CLAIM UNDER ANY PROVISION OF THIS SECTION TO RECOVER: (1) payments made as part of Supplemental Nutrition Assistance Program (SNAP), child care services, Emergency Assistance to Adults or the Home Energy Assistance Program (HEAP)[. 3. A social services official may not assert any claim under any provision of this section to recover]; (2) payments of public assistance if such payments were reimbursed by child support collections[. 4. A social services official may not assert any claim under any provision of this section to recover]; (3) payments of public assistance unless, before [it has accepted] a deed or mortgage WAS ACCEPTED from an applicant or recipient, [it has] THE OFFICIAL first received a signed acknowledgment from the applicant or recipient acknowledging that: [(a)] A. benefits provided as part of Supplemental Nutrition Assist- ance Program (SNAP), child care services, Emergency Assistance to Adults or the Home Energy Assistance Program (HEAP) may not be included as part of the recovery to be made under the mortgage or lien; and [(b)] B. if the applicant or recipient declines to provide the lien or mortgage the children in the household SHALL remain eligible for public assistance. [5. (a)] (B) SUCH PROPERTY SHALL NOT BE CONSIDERED PUBLIC PROPERTY AND SHALL REMAIN ON THE TAX ROLLS AND SUCH DEED OR MORTGAGE SHALL BE SUBJECT TO REDEMPTION AS PROVIDED IN SUBPARAGRAPH ONE OF PARAGRAPH (D) OF THIS SUBDIVISION. S. 2506--C 120 A. 3006--C (C) (1) Until a deed, mortgage, or lien, accepted prior to [or after] the effective date of this [act,] SECTION is satisfied or otherwise disposed of, the social services district shall issue and mail to the last known address of the person [giving] WHO GAVE such deed or mort- gage, or his or her estate or those entitled thereto, a biennial accounting of the public assistance incurred and repairs and taxes paid on property. The social services district shall provide such accounting no later than February first, two thousand sixteen and biennially there- after. [(b)] (2) Such accounting shall include information regarding the debt owed as of the end of the district's most recent fiscal year including, but not limited to: [(1)] A. an enumeration of all public assistance incurred by the person [giving] WHO GAVE such deed or mortgage or his or her household to date; [(2)] B. the current amount of recoverable public assistance under the deed or mortgage; [(3)] C. the amount of any credits against public assistance including but not limited to: [A.] (I) the amount of child support collected and retained by the social services district as reimbursement for public assistance; [B.] (II) recoveries made under section one hundred four of this title; [C.] (III) recoveries made under section one hundred thirty-one-r of this chapter. [(4)] D. Said accounting shall also provide information regarding the manner in which payments may be made to the social services district to reduce the amount of the mortgage or lien. [(c)] (3) In the event that a biennial accounting is not issued and mailed to the last known address of the person [giving] WHO GAVE such deed or mortgage or his or her estate or those entitled thereto, within the time period required in [paragraph (a) of this subdivision] SUBPARA- GRAPH ONE OF THIS PARAGRAPH, no public assistance shall be recoverable under this section for the previous two fiscal years. In the event that a biennial accounting is not issued and mailed to the last known address of the person [giving] WHO GAVE such deed or mortgage or his or her estate or those entitled thereto, within the time period required in [paragraph (a) of this subdivision] SUBPARAGRAPH ONE OF THIS PARAGRAPH, and such person has received no recoverable public assistance in the district's most recent fiscal year, no public assistance shall be recov- erable under this section for the most recent two fiscal years where public assistance remains recoverable. [6. (a) (1)] (D) (1) A. Until such property or mortgage is sold, assigned or foreclosed pursuant to law by the social services official, the person [giving] WHO GAVE such deed or mortgage, or his OR HER estate or those entitled thereto, may redeem the same by the payment of all expenses incurred for the support of the person, and for repairs and taxes paid on such property, provided, however, that a social services official may enter into a contract for such redemption, subject to the provisions of this [paragraph] SUBPARAGRAPH, and containing such terms and conditions, including provisions for periodic payments, without interest, for an amount less than the full expenses incurred for the support of the person and for repairs and taxes paid on such property (hereinafter called a "lesser sum"), which lesser sum shall in no event be less than the difference between the appraised value of such property and the total of the then unpaid principal balance of any recorded mort- S. 2506--C 121 A. 3006--C gages and the unpaid balance of sums secured by other liens against such property. [(2)] B. In the case of a redemption for a lesser sum, the social services official shall obtain (i) an appraisal of the current market value of such property, by an appraiser acceptable to both parties, and (ii) a statement of the principal balance of any recorded mortgages or other liens against such property (excluding the debt secured by the deed, mortgage or lien of the social services official). Any expenses incurred pursuant to this [paragraph] SUBPARAGRAPH shall be audited and allowed in the same manner as other official expenses. [(3)] C. Every redemption contract for any lesser sum shall be approved by the department upon an application by the social services official containing the appraisal and statement required by [subpara- graph two] CLAUSE B OF THIS SUBPARAGRAPH, a statement by the social services official of his OR HER reasons for entering into the contract for such lesser sum and any other information required by regulations of the department. [(4)] D. So long as the terms of the approved redemption contract are performed, no public sale of such property shall be held. [(5)] E. The redemption for a lesser sum shall reduce the claim of the social services official against the recipient on the implied contract under section one hundred four of this [chapter] TITLE or under any other law, to the extent of all sums paid in redemption. [(b)] (2) In order to allow a minimum period for redemption, the social services official shall not sell the property or mortgage until after the expiration of one year from the date he OR SHE received the deed or mortgage, but if unoccupied property has not been redeemed with- in six months from the date of death of the person who conveyed it to him OR HER by deed the social services official may thereafter, and before the expiration of such year, sell the property. [(c)] (3) Except as otherwise provided in this chapter, upon the death of the person or his OR HER receiving institutional care, if the mort- gage has not been redeemed, sold or assigned, the social services offi- cial may enforce collection of the mortgage debt in the manner provided for the foreclosure of mortgages by action. [(d)](4) Provided the department shall have given its approval in writing, the social services official may, when in his OR HER judgment it is advisable and in the public interest, release a part of the prop- erty from the lien of the mortgage to permit, and in consideration of, the sale of such part by the owner and the application of the proceeds to reduce said mortgage or to satisfy and discharge or reduce a prior or superior mortgage. [(e)](5) While real property covered by a deed or mortgage is occu- pied, in whole or in part, by an aged, blind or disabled person who executed such deed or mortgage to the social services official for old age assistance, assistance to the blind or aid to the disabled granted to such person before January first, nineteen hundred seventy-four, the social services official shall not sell the property or assign or enforce the mortgage unless it appears reasonably certain that the sale or other disposition of the property will not materially adversely affect the welfare of such person. After the death of such person no claim for assistance granted him OR HER shall be enforced against any real property while it is occupied by the surviving spouse. [(f)](6) Except as otherwise provided, upon the death of a person who executed a lien to the social services official in return for old age assistance, assistance to the blind or aid to the disabled granted prior S. 2506--C 122 A. 3006--C to January first, nineteen hundred seventy-four, or before the death of such person if it appears reasonably certain that the sale or other disposition of the property will not materially adversely affect the welfare of such person, the social services official may enforce such lien in the manner provided by article three of the lien law. After the death of such person the lien may not be enforced against real property while it is occupied by the surviving spouse. [7.](E) The sale of any parcel of real property or mortgage on real property by the social services official, under the provisions of this section, shall be made at a public sale, held at least two weeks after notice thereof shall have been published in a newspaper having a general circulation in that section of the county in which the real property is located. Such notice shall specify the time and place of such public sale and shall contain a brief description of the premises to be sold, or upon which the mortgage is a lien, as the case may be. Unless in the judgment of the social services official, it shall be in the public interest to reject all bids, such parcel or mortgage shall be sold to the highest responsible bidder. [8.](F) It is permissible for social services officials to subordinate a mortgage taken on behalf of the social services district pursuant to this section. In the event that a social services official determines to subordinate a mortgage, or lien, he or she shall do so within thirty days of receipt of written notice that the mortgagor is attempting to modify their mortgage that is held by a mortgagee with superior lien rights and subordination of the social services district's mortgage is required by such mortgagee in order for it to approve or complete the modification. § 2. Section 360 of the social services law, as added by chapter 722 of the laws of 1951, subdivisions 1 and 3 as amended by section 92 of part B of chapter 436 of the laws of 1997, subdivision 2 as amended by chapter 909 of the laws of 1974, and subdivision 4 as amended by chapter 803 of the laws of 1959, is amended to read as follows: § 360. Real property of legally responsible relatives[; deeds and mortgages may be required]. [1.] The ownership of real property by an applicant or applicants, recipient or recipients who is or are legally responsible relatives of the child or children for whose benefit the application is made or the aid is granted, whether such ownership be individual or joint as tenants in common, tenants by the entirety or joint tenants, shall not preclude the granting of family assistance or the continuance thereof if he or they are without the necessary funds to maintain himself, herself or themselves and such child or children. [The social services official may, however, require, as a condition to the granting of aid or the continuance thereof, that he or she be given a deed of or a mortgage on such property in accordance with the provisions of section one hundred six. 2. However, while the property covered by the deed or mortgage is occupied, in whole or in part, by the responsible relative who gave such deed or mortgage to the social services official or, by a child for whose benefit the aid was granted the social services official shall not sell the property or assign or enforce the mortgage without the written consent of the department; and, when the property is occupied by such child, such consent shall not be given unless it appears reasonably certain that the sale or other disposition of the property will not materially adversely affect the welfare of such child. 3. The net amount recovered by the social services department from such property, less any expenditures approved by the department for the S. 2506--C 123 A. 3006--C burial of the relative or the child who dies while in receipt of aid under this title, shall be used to repay the social services district, the state and the federal government their proportionate share of the cost of family assistance granted. The state and federal share shall be paid by the social services district to the state and the manner and amount of such payment shall be determined in accordance with the regu- lations of the department. 4. If any balance remains it shall belong to the estate of the legal- ly responsible relative or relatives and the public welfare district shall forthwith credit the same accordingly, and, provided they claim it within four years thereafter, pay it to the persons entitled thereto. If not so claimed within four years it shall be deemed abandoned proper- ty and be paid to the state comptroller pursuant to section thirteen hundred five of the abandoned property law. 5. The proceeds or moneys due the United States shall be paid or reported in such manner and at such times as the federal security agency or other authorized federal agency may direct.] § 3. This act shall take effect on the first of April next succeeding the date on which it shall have become a law. § 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. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through OO of this act shall be as specifically set forth in the last section of such Parts.
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