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

                                  5498

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2011
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, SCHIMEL, MOLINARO, LATIMER -- read
  once and referred to the Committee on Governmental Employees

AN ACT to enact the "framework for the future act"; to amend the  educa-
  tion  law,  in  relation to requiring the state to pay one-half of the
  employer contributions to the  New  York  state  teachers'  retirement
  system  (Part  A);  to amend the civil service law, in relation to the
  provision of a health insurance plan to the officers and employees  of
  school  districts  and boards of cooperative educational services, and
  their dependents (Part B); to amend the education law, in relation  to
  public  high  cost  excess  cost aid; and to repeal subdivision 5-a of
  section 3602 of such law relating to supplemental public  excess  cost
  aid  (Part  C);  to  direct state leaders to lobby for greater federal
  funding of state public education (Part D); to direct the governor  to
  establish  a study group to evaluate and make recommendations relating
  to the extent to which state  mandates  exceed  federal  mandates;  to
  amend the state finance law, in relation to requiring state reimburse-
  ment  of localities for additional mandate expenses; and providing for
  the repeal of certain provisions upon the expiration thereof (Part E);
  to amend the legislative law,  in  relation  to  prohibiting  unfunded
  mandates (Part F); to amend the legislative law, the executive law and
  the  state  administrative  procedure  act,  in  relation to requiring
  disclosure of the cost and source of funding of any provision  requir-
  ing  a  political  subdivision of the state to expend additional funds
  (Part G); to amend the education law, in  relation  to  directing  the
  commissioner  of  education  to  develop  and  implement  a program to
  provide information, expertise and assistance to school  districts  to
  facilitate  consolidation (Part H); to amend the state finance law and
  the education law, in relation to efficiency study grants  for  school
  districts (Part I); to amend the education law, in relation to expand-
  ing  the  authority  of  boards of cooperative educational services to
  provide shared services to their component school  districts;  and  to
  repeal  subparagraph 2 of paragraph a of subdivision 4 of section 1950
  of such law relating to limitations on the compensation payable to the
  superintendent of such board (Part J); to amend the education law,  in

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

                                                           LBD08897-01-1

A. 5498                             2

  relation  to  providing state aid to boards of cooperative educational
  services for career and technical education (Part K);  to  direct  the
  commissioner  of  education  to  establish a task force to analyze and
  report  on alternative methods of funding charter schools which do not
  reduce the funding of the school districts of residence; and providing
  for the repeal of such provisions upon expiration thereof (Part L); to
  amend the education law, in relation to providing state aid to  school
  districts  for  energy  cost  increases  (Part M); to amend the public
  authorities law, in relation to directing the power authority  of  the
  state  of  New  York  to  provide  financing  for  energy conservation
  improvements to schools (Part N);  to  amend  the  education  law,  in
  relation  to authorizing boards of cooperative educational services to
  operate regional transportation systems (Part O); to amend the  educa-
  tion  law,  in  relation  to  total foundation aid to school districts
  (Part P); to amend the education law, in relation to providing  trans-
  portation  aid  based upon school district expenses therefor (Part Q);
  to amend the education law, in relation to  increasing  reorganization
  incentive aid (Part R); to amend the education law, in relation to the
  financial  responsibility for state schools for the blind and the deaf
  (Part S); to amend the executive law, in  relation  to  directing  the
  department  of  audit  and  control  to  compile and publish an annual
  taxpayer report card (Part T); to amend the  state  finance  law,  the
  public  authorities  law and the general municipal law, in relation to
  requiring governmental entities to publish a detailed  copy  of  their
  proposed  budget not less than 30 days prior to approval thereof (Part
  U); to amend the executive law, in relation to directing  the  depart-
  ment  of audit and control to publish an annual report on the costs to
  municipal corporations of requirements imposed thereon by  state  law,
  rules and regulations (Part V); and to amend the state finance law and
  the  education  law,  in relation to appropriations for the support of
  school districts (Part W)

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "framework for the future act".
  S 2. This act enacts into law major components  of  legislation  which
are necessary to reform real property taxation for the support of public
schools, and enhancing the efficiency and transparency of the funding of
public education. Each component is wholly contained within a Part iden-
tified  as  Parts  A  through  W. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision of any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section four  of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1. The education law is amended by adding a new section 521-a
to read as follows:

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  S 521-A. STATE CONTRIBUTIONS. 1. NOTWITHSTANDING ANY  OTHER  PROVISION
OF  LAW,  ON  AND AFTER JULY FIRST, TWO THOUSAND ELEVEN, THE STATE SHALL
PAY ONE-HALF OF ALL EMPLOYER CONTRIBUTIONS, EXCEPT WHEN THE EMPLOYER  IS
THE  STATE  OR  A  STATE  AGENCY,  REQUIRED TO BE MADE TO THE RETIREMENT
SYSTEM  PURSUANT TO THIS ARTICLE OR ANY OTHER PROVISION OF LAW REQUIRING
CONTRIBUTIONS TO THE RETIREMENT SYSTEM.
  2. THE STATE COMPTROLLER SHALL, BY RULE  OR  REGULATION,  ESTABLISH  A
SYSTEM  FOR  THE  PAYMENT  BY THE STATE OF THE CONTRIBUTIONS REQUIRED BY
SUBDIVISION ONE OF THIS SECTION.
  S 2. This act shall take effect immediately.

                                 PART B

  Section 1. Subdivision 1 of section 161 of the civil service  law,  as
amended  by  section  2  of part T of chapter 56 of the laws of 2010, is
amended to read as follows:
  1. The president is hereby authorized  and  directed  to  establish  a
health  benefit  plan  for state officers and employees and their depen-
dents and officers and employees of the state colleges  of  agriculture,
home  economics, industrial labor relations and veterinary medicine, the
state agricultural experiment station at Geneva, and any other  institu-
tion or agency under the management and control of Cornell university as
the  representative  of the board of trustees of the state university of
New York, and the state college of ceramics  under  the  management  and
control of Alfred university as the representative of the board of trus-
tees  of  the state university of New York and their dependents; AND THE
OFFICERS AND EMPLOYEES OF SCHOOL DISTRICTS  AND  BOARDS  OF  COOPERATIVE
EDUCATIONAL  SERVICES, AND THEIR DEPENDENTS which, subject to the condi-
tions and limitations contained in this article, and in the  regulations
of  the  president, will provide for group hospitalization, surgical and
medical  insurance  against  the  financial  costs  of  hospitalization,
surgery, medical treatment and care, and may include, among other things
prescribed  drugs, medicines, prosthetic appliances, hospital in-patient
and out-patient service benefits and medical expense indemnity benefits.
  S 2. Subdivisions 1, 2, 4 and 7 of section 163 of  the  civil  service
law,  subdivisions 1, 2 and 7 as amended by section 4 of part T of chap-
ter 56 of the laws of 2010, and subdivision 4 as amended by chapter  329
of the laws of 1960, are amended to read as follows:
  1.  All  persons  in  the service of the state, A SCHOOL DISTRICT OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, whether elected, appointed or
employed, who elect to participate in such health benefit plan shall  be
eligible  to  participate therein, provided, however, that the president
may adopt such regulations as he or she may deem  appropriate  excluding
temporary, part time or intermittent employment.
  2.  The  contract  or  contracts shall provide for health benefits for
retired employees of the state and of the state colleges of agriculture,
home economics, industrial labor relations and veterinary medicine,  the
state  agricultural experiment station at Geneva, and any other institu-
tion or agency under the management and control of Cornell university as
the representative of the board of trustees of the state  university  of
New  York,  and  the  state college of ceramics under the management and
control of Alfred university as the representative of the board of trus-
tees of the state university of New York[,]; AND OF THE SCHOOL DISTRICTS
AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES IN THE STATE;  and  their
spouses  and  dependent  children  as  defined by the regulations of the
president,  on  such  terms  as  the  president  may  deem  appropriate,

A. 5498                             4

PROVIDED, HOWEVER, THAT FOR EMPLOYEES, AND THEIR SPOUSES AND DEPENDENTS,
THE  EMPLOYER  SCHOOL  DISTRICT  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES SHALL PAY ONE-HALF OF THE EXPENSES  OF  ADMINISTRATION  OF  THE
PLAN AS DETERMINED BY THE PRESIDENT, and the president may authorize the
inclusion  in  the plan of the employees and retired employees of public
authorities, public benefit corporations,  [school  districts,]  special
districts,   district  corporations,  municipal  corporations  excluding
active employees and retired employees of cities having a population  of
one  million  or  more  inhabitants  whose compensation is or was before
retirement paid out of the city treasury, or other appropriate agencies,
subdivisions or  quasi-public  organizations  of  the  state,  including
active members of volunteer fire and volunteer ambulance companies serv-
ing  one or more municipal corporations pursuant to subdivision seven of
section ninety-two-a of the general municipal law, and their spouses and
dependent children as defined by the regulations of the  president.  Any
such  corporation,  district, agency or organization electing to partic-
ipate in the plan shall be required to pay its  proportionate  share  of
the  expenses  of administration of the plan in such amounts and at such
times as determined and fixed by the president. All amounts payable  for
such  expenses  of  administration  shall be paid to the commissioner of
taxation and finance and shall be applied to the reimbursement of  funds
previously  advanced  for such purposes. Neither the state nor any other
participant in the plan shall be charged with the particular  experience
attributable  to  the employees of the participant, and all dividends or
retroactive rate credits shall be distributed pro-rata  based  upon  the
number of employees of such participant covered by the plan.
  4.   Any   public   authority,  public  benefit  corporation,  [school
district,] special  district,  district  corporation,  municipal  corpo-
ration, or other agency, subdivision or quasi-public organization of the
state,  whose  employees  and  retired  employees  are  authorized to be
included in the plan as provided by subdivision two OF THIS SECTION, may
elect to participate in such plan.  Any such election shall be exercised
by the adoption of a resolution by its governing body and, in  the  case
of any municipal corporation where a resolution of its governing body is
required by law to be approved by any other body or officer, such resol-
ution  shall  also  be  approved by such other body or officer. Any such
election may be made with respect to inclusion in the plan of  both  its
employees  and  its  retired  employees at the same time, or may be made
only with respect to its  employees  alone  and  at  another  time  with
respect  to  its  retired  employees.  Any  such authority, corporation,
district, agency, subdivision or organization making such election shall
become a participating employer under  such  plan,  subject  to  and  in
accordance with the regulations of the president relating thereto.
  7. For purposes of eligibility for participation in the health benefit
plan  no  person shall be deemed to be a state officer or employee or to
be in the service of the state unless his OR HER salary or  compensation
is  paid  directly  by  the state, and no person shall be deemed to be a
retired officer or employee of the state unless his  OR  HER  salary  or
compensation  immediately  preceding  his  OR  HER  retirement  was paid
directly by the state; provided, however, that all  active  and  retired
justices,  judges,  officers  and employees of the supreme court, surro-
gate's court, county court, family court, civil court of the city of New
York, criminal court of the city of New York and district court  in  any
county, officers and employees of the office of probation for the courts
of New York city, AND ALL ACTIVE AND RETIRED OFFICERS AND EMPLOYEES OF A
SCHOOL  DISTRICT  OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES shall be

A. 5498                             5

eligible for participation in the health benefit  plan  whether  or  not
their  salaries  are paid or before retirement were paid directly by the
state.
  S  3.  Section 165-a of the civil service law, as amended by section 6
of part T of chapter 56 of the laws of  2010,  is  amended  to  read  as
follows:
  S 165-a. Continuation  of  state health benefit plans for survivors of
employees of the state, OF A SCHOOL DISTRICT, OF A BOARD OF  COOPERATIVE
EDUCATIONAL  SERVICES  and/or  of a political subdivision or of a public
authority. Notwithstanding any other provision of law to  the  contrary,
the  president  shall  permit the unremarried spouse and the dependents,
otherwise qualified as eligible for coverage under  regulations  of  the
president,  of  a  person  who was an employee of the state, OF A SCHOOL
DISTRICT, OF A BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  and/or  of  a
political subdivision thereof or of a public authority for not less than
ten years, provided however, that the ten-year service requirement shall
not  apply  to such employees on active military duty in connection with
the Persian Gulf conflict who die on or after  August  second,  nineteen
hundred ninety while in the Persian Gulf combat zone or while performing
such  military  duties,  who  had been a participant in any of the state
health benefit plans, to continue under the coverage which such deceased
employee had in effect at the time of death, upon the payment at  inter-
vals  determined  by the president of the full cost of such coverage[,];
provided, however, that the unremarried spouse of an active employee  of
the  [State]  STATE,  OF  A SCHOOL DISTRICT OR OF A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES who died on or after April first, nineteen  hundred
seventy-five  and  before April first, nineteen hundred seventy-nine who
timely elected to  continue  dependent  coverage,  or  such  unremarried
spouse  who  timely elected individual coverage shall continue to pay at
intervals determined by the president one-quarter of the  full  cost  of
dependent  coverage and provided further, that, with regard to employees
of the [State] STATE, where and to the extent that an agreement pursuant
to article fourteen of this chapter so provides, or where  the  director
of  employee  relations, with respect to employees of the [State] STATE,
OF A SCHOOL DISTRICT OR OF A BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES
who  are  not included within a negotiating unit so recognized or certi-
fied pursuant to article fourteen of this chapter whom the  director  of
employee  relations  determines  should  be  declared  eligible  for the
continuation of health benefit plans for the survivors of such employees
of the [State] STATE, OF A SCHOOL DISTRICT OR OF A BOARD OF  COOPERATIVE
EDUCATIONAL  SERVICES who died on or after April first, nineteen hundred
seventy-nine who elects to continue dependent coverage, or such unremar-
ried spouse who elects individual coverage, and upon such election shall
pay at intervals determined by the president  one-quarter  of  the  full
cost  of  dependent  coverage  and,  provided  further  with  respect to
enrolled employees of a political subdivision or public authority  in  a
negotiating unit recognized or certified pursuant to article fourteen of
this  chapter, where an agreement negotiated pursuant to said article so
provides, and with respect to enrolled employees of a political subdivi-
sion or public authority not  included  within  a  negotiating  unit  so
recognized  or certified, at the discretion of the appropriate political
subdivision or public authority, the unremarried  spouse  of  an  active
employee  of  the  political  subdivision or of the public authority who
died on or after April first, nineteen hundred seventy-five,  may  elect
to  continue  dependent  coverage  or  such unremarried spouse may elect
individual coverage and upon such election shall pay at intervals deter-

A. 5498                             6

mined by the president one-quarter of the full cost of dependent  cover-
age.
  The president shall adopt such regulations as may be required to carry
out  the  provisions  of this [subdivision] SECTION which shall include,
but need not be  limited  to,  provisions  for  filing  application  for
continued coverage.
  Notwithstanding any law to the contrary, the survivors of any employee
subject to this section shall be entitled to the health benefits granted
pursuant  to  this  section,  provided  that such employee died while on
active duty other than for training purposes, pursuant to  Title  10  of
the  United States Code, with the armed forces of the United States, and
such member died on such active duty on or after the effective  date  of
chapter one hundred five of the laws of two thousand five as a result of
injuries,  disease or other medical condition sustained or contracted in
such active duty with the armed forces of the United States.
  S 4. Subdivision 1 of section 167 of the civil service law, as amended
by chapter 582 of the laws of 1988, paragraph (a) as amended by  section
7  of  part  T  of  chapter 56 of the laws of 2010, and paragraph (b) as
amended by chapter 317 of the laws  of  1995,  is  amended  to  read  as
follows:
  1. (a) The full cost of premium or subscription charges for the cover-
age  of retired state EMPLOYEES, AND ONE-HALF OF SUCH COSTS FOR COVERAGE
OF SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES  employ-
ees who are enrolled in the statewide and the supplementary health bene-
fit  plans established pursuant to this article and who retired prior to
January first, nineteen hundred eighty-three shall be paid by the state.
Nine-tenths of the cost of  premium  or  subscription  charges  for  the
coverage  of  state  EMPLOYEES, AND FORTY-FIVE PERCENT OF SUCH COSTS FOR
COVERAGE OF SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
employees and retired state, SCHOOL DISTRICT  OR  BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICES employees retiring on or after January first, nine-
teen  hundred eighty-three who are enrolled in the statewide and supple-
mentary health benefit plans shall be paid by the state.  Three-quarters
of  the  cost  of  premium  or  subscription charges for the coverage of
dependents of such state EMPLOYEES, AND THREE-EIGHTHS OF SUCH COSTS  FOR
COVERAGE OF SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
employees  and  retired  state,  SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES employees shall be paid by  the  state.  Except  as
provided  in paragraph (b) of this subdivision, the state shall contrib-
ute toward the premium or subscription charges for the coverage of  each
state,  SCHOOL  DISTRICT  OR  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES
employee or retired state,  SCHOOL  DISTRICT  OR  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  employee  who  is enrolled in an optional benefit
plan and for the dependents of such state, SCHOOL DISTRICT OR  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES  employee  or  retired  state, SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES employee the  same
dollar  amount  which  would  be  paid  by  the state for the premium or
subscription charges for the coverage of such state, SCHOOL DISTRICT  OR
BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES employee or retired state,
SCHOOL DISTRICT OR BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES  employee
and  his  or  her dependents if he or she were enrolled in the statewide
and the supplementary health benefit plans, but not  in  excess  of  the
premium  or  subscription charges for the coverage of such state, SCHOOL
DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  employee  or
retired  state,  SCHOOL  DISTRICT  OR  BOARD  OF COOPERATIVE EDUCATIONAL
SERVICES employee and his or her dependents under such optional  benefit

A. 5498                             7

plan.  For purposes of this subdivision, employees of the state colleges
of agriculture, home economics, industrial labor relations, and  veteri-
nary  medicine, the state agricultural experiment station at Geneva, and
any  other  institution  or  agency  under the management and control of
Cornell university as the representative of the board of trustees of the
state university of New York, and employees  of  the  state  college  of
ceramics  under  the  management and control of Alfred university as the
representative of the board of trustees of the state university  of  New
York,  shall  be  deemed to be state employees whose salaries or compen-
sation are paid directly by the state.
  (b) Effective January first, nineteen  hundred  eighty-nine,  notwith-
standing any other law, rule or regulation, and where, and to the extent
that,  an  agreement  between  the  state  and  an employee organization
entered into pursuant to article fourteen of this chapter so provides or
where and to the extent the employee health insurance council so directs
with respect to any other state, SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES employees and for retired state, SCHOOL DISTRICT OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES employees retiring on or after
January first, nineteen hundred eighty-three, the state shall contribute
nine-tenths of the cost of premiums or subscription charges for coverage
of each such state EMPLOYEE, AND FORTY-FIVE PERCENT OF  SUCH  COSTS  FOR
COVERAGE OF SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
employee  or  retired  state,  SCHOOL  DISTRICT  OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES employee who is enrolled  in  an  optional  benefit
plan  and  three-fourths  of  such  premium  or subscription charges for
dependents of such state EMPLOYEES, AND THREE-EIGHTHS OF SUCH COSTS  FOR
COVERAGE OF SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
employees  or  retired  state,  SCHOOL  DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES employees enrolled in such optional  benefit  plan;
provided, however, effective January first, nineteen hundred ninety-six,
the contribution rates for the hospitalization and medical components of
each  optional  benefit plan shall not exceed one hundred percent of the
dollar amount of the state's contribution toward the hospitalization and
medical components of individual and dependent  coverage,  respectively,
in  the  Empire  Plan.  In the case of state employees retiring prior to
January first, nineteen hundred eighty-three, the state shall contribute
one hundred percent of the individual premium and three-fourths of  such
premium  for  dependents  of  such  retired  employees  enrolled in such
optional benefit plan;  however,  these  contribution  rates  shall  not
exceed  one  hundred  percent of the employer dollar amount contribution
for individual and dependent coverage respectively in the Empire Plan.
  S 5. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

                                 PART C

  Section  1.  Subdivision  5  of  section 3602 of the education law, as
added by section 13 of part B of chapter 57 of  the  laws  of  2007,  is
amended to read as follows:
  5.  Public high cost excess cost aid. A school district having a pupil
with a disability of school age for whom the cost, as  approved  by  the
commissioner,  of  appropriate  special services or programs exceeds the
[lesser of ten thousand dollars or four  times  the  expense  per  pupil
without limits shall be entitled to an additional apportionment for each
such  child computed by multiplying the district's excess cost aid ratio
by the amount by which such cost exceeds  three  times  the]  district's

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expense  per  pupil  [without limits] SHALL BE ENTITLED TO AN ADDITIONAL
APPORTIONMENT FOR EACH SUCH CHILD EQUAL TO ONE-HALF OF THE EXCESS OF THE
COST FOR SUCH CHILD WITH A DISABILITY OVER THE  DISTRICTS  EXPENSES  PER
PUPIL.
  [a.] For the purpose of this subdivision[:
  (1)  Expense],  "EXPENSE  per pupil [for the purposes of this subdivi-
sion]" shall be not less than two thousand dollars and not more than the
greater of seven thousand one hundred ten dollars or the statewide aver-
age of such expense per pupil. Such statewide average expense per  pupil
shall  be  computed  and  rounded  to  the  nearest fifty dollars by the
commissioner using  the  expense  and  pupils  as  estimated  by  school
districts  or  as  determined by the commissioner for use in determining
the expense per pupil of the district pursuant to paragraph f of  subdi-
vision  one  of this section for all districts eligible for aid pursuant
to this section. For the purposes of calculating such statewide  expense
per pupil, the data for the city school district of the city of New York
shall be city-wide data.
  [(2)  The  excess cost 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 not less than  twenty-five
percent.
  b. Notwithstanding section thirty-six hundred nine-a of this part, the
apportionment provided for in this subdivision shall be paid pursuant to
section thirty-six hundred nine-b of this part.]
  S 2. Subdivision 5-a of section 3602 of the education law is REPEALED.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

                                 PART D

  Section 1. The governor, executive chamber, commissioner of  education
and legislative leaders are hereby directed to engage in ongoing contact
with  members  of  the  United  States  House of Representatives, United
States Senators and the President  of  the  United  States  to  maximize
federal funding to the education system of the state of New York for the
purposes of both general education and special education.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Within 60 days of the effective date of this act the gover-
nor shall establish and convene a study group to evaluate state mandates
as compared to the federal mandates.
  S  2. Such study group shall be composed of members who have extensive
experience in the provision of services, required  pursuant  to  federal
law, rules or regulations.
  S  3.  The  lieutenant-governor  shall be the chair of the study group
established by this act. The study group shall meet at  such  times  and
places as shall be determined by the lieutenant-governor.
  S  4. The members of the study group shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this act.
  S 5. The study group shall, on or before March 31, 2012, report to the
governor and the  legislature.  Such  report  shall  include  the  study
group's findings, conclusions and recommendations.

A. 5498                             9

  S  6.  The  state finance law is amended by adding a new section 28 to
read as follows:
  S 28. MANDATE RELIEF. 1. DEFINITION. FOR THE PURPOSES OF THIS SECTION,
"POLITICAL SUBDIVISION" SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT  OR  SPECIAL DISTRICT, AND SHALL INCLUDE ANY AGENCY, AUTHORITY,
COMMISSION, DEPARTMENT OR INSTRUMENTALITY THEREOF.
  2. EACH FISCAL YEAR THE BUDGET SUBMITTED BY THE GOVERNOR  AND  ENACTED
BY THE LEGISLATURE SHALL CONTAIN SEPARATE AND DISTINCT APPROPRIATIONS TO
REIMBURSE  POLITICAL  SUBDIVISIONS  FOR  THE  ENTIRETY OF ANY ADDITIONAL
EXPENSES INCURRED BY SUCH POLITICAL SUBDIVISIONS PURSUANT TO  ANY  STATE
LAW, RULE OR REGULATION ENACTED TO COMPLY WITH A REQUIREMENT ESTABLISHED
BY  FEDERAL  LAWS,  RULES  OR  REGULATIONS TO THE EXTENT THAT SUCH STATE
LAWS, RULES OR REGULATIONS REQUIRE THE ASSUMPTION  OF  ADDITIONAL  COSTS
ABOVE THOSE IMPOSED BY SUCH FEDERAL REQUIREMENTS.
  S  7.  This act shall take effect immediately and sections one through
five of this act shall expire and be deemed repealed April 1, 2012.

                                 PART F

  Section 1. The legislative law is amended by adding a new  section  49
to read as follows:
  S  49.  PROHIBITION ON UNFUNDED MANDATES.  1. (A) ANY PROVISION OF LAW
DETERMINED IN ACCORDANCE WITH THIS SECTION TO  BE  AN  UNFUNDED  MANDATE
SHALL BE VOID.
  (B)  A  PROVISION  OF LAW THAT REQUIRES ONE OR MORE POLITICAL SUBDIVI-
SIONS TO EXPEND FUNDS OR TO TAKE ACTIONS REQUIRING  THE  EXPENDITURE  OF
FUNDS  SHALL  BE  DEEMED  AN  UNFUNDED  MANDATE IF SUCH PROVISION OF LAW
RESULTS IN AN AGGREGATE NET INCREASE IN NECESSARY DIRECT EXPENDITURES BY
ANY POLITICAL SUBDIVISION OF THE STATE. ANY SUCH AGGREGATE NET  INCREASE
IN  EXPENDITURES  SHALL  BE  OFFSET BY: (I) MONIES PROVIDED TO POLITICAL
SUBDIVISIONS FOR THE SPECIFIC PURPOSE OF FUNDING SUCH PROVISION OF  LAW;
AND  (II)  DECREASES  IN  EXPENDITURES  EXPECTED  TO  RESULT  FROM OTHER
PROVISIONS OF LAW ENACTED CONCURRENTLY THEREWITH THAT REPEAL, REDUCE  OR
MODIFY EXISTING MANDATES ON POLITICAL SUBDIVISIONS. FOR PURPOSES OF THIS
SECTION,  ALL  BUDGET  BILLS  AND LEGISLATION NECESSARY TO IMPLEMENT THE
BUDGET ENACTED PURSUANT TO ARTICLE SEVEN OF THE  CONSTITUTION  SHALL  BE
DEEMED TO HAVE BEEN CONCURRENTLY ENACTED INTO LAW.
  (C)  FOR  PURPOSES  OF  THIS SECTION, THE TERM "POLITICAL SUBDIVISION"
SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE,  SCHOOL  DISTRICT  OR  SPECIAL
DISTRICT,  AND  SHALL INCLUDE ANY AGENCY, AUTHORITY, COMMISSION, DEPART-
MENT OR INSTRUMENTALITY THEREOF.
  (D) FOR PURPOSES OF THIS SECTION, THE TERM "LAW" SHALL MEAN A  STATUTE
ENACTED  BY  THE LEGISLATURE, AN EXECUTIVE ORDER ISSUED BY THE GOVERNOR,
AND A RULE OR REGULATION PROMULGATED  BY  A  STATE  AGENCY,  DEPARTMENT,
BOARD, BUREAU, OFFICER, AUTHORITY OR COMMISSION.
  2.  NOTWITHSTANDING  ANYTHING  IN  THIS  SECTION  TO THE CONTRARY, THE
FOLLOWING TYPES OF LAWS SHALL NOT BE CONSIDERED UNFUNDED MANDATES:
  (A) THOSE THAT HAVE BEEN REQUESTED THROUGH  A  HOME  RULE  MESSAGE  OR
OTHER  RESOLUTION  OF  THE AFFECTED POLITICAL SUBDIVISION, OR WHICH HAVE
BEEN ACCEPTED BY THE AFFECTED POLITICAL SUBDIVISION;
  (B) THOSE APPLICABLE TO BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN
THE SAME OR A SUBSTANTIALLY SIMILAR MANNER; AND
  (C) THOSE IN FULL FORCE AND EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION, INCLUDING ANY PROVISION OF LAW  THAT  EXTENDS  OR  REAUTHORIZES
SUCH A LAW.
  S 2. This act shall take effect immediately.

A. 5498                            10

                                 PART G

  Section  1. Section 51 of the legislative law, as added by chapter 985
of the laws of 1983, is amended to read as follows:
  S 51. Fiscal impact notes on bills affecting  political  subdivisions.
1.  For  the  purpose  of this section, the term "political subdivision"
means any county,  city,  town,  village,  special  district  or  school
district.
  2.  The  legislature  shall by concurrent resolution of the senate and
assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
rate  form,  bills  and  amendments  to  bills,  [except  as   otherwise
prescribed by such rules,] which would [substantially] affect the reven-
ues or expenses, or both, of any political subdivision.
  3. Fiscal notes shall not, however, be required for bills: (a) subject
to  the  provisions  of  section fifty of this [chapter] ARTICLE, or (b)
accompanied by special home rule requests submitted by political  subdi-
visions,  or  (c)  which  provide  discretionary  authority to political
subdivisions[, or (d) submitted pursuant to section twenty-four  of  the
state finance law].
  4.  [If the estimate or estimates contained in a fiscal note are inac-
curate, such inaccuracies shall not affect, impair  or  invalidate  such
bill]  SUCH  FISCAL  NOTES  SHALL FULLY DISCLOSE THE COSTS AND SOURCE OF
FUNDING OF EVERY PROVISION OF THE BILL OR AMENDMENT THERETO, WHICH WOULD
AFFECT THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
  S 2. The executive law is amended by adding a new section 13  to  read
as follows:
  S  13.  FISCAL  NOTES ON EXECUTIVE ORDERS AFFECTING POLITICAL SUBDIVI-
SIONS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "POLITICAL SUBDIVI-
SION" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, SPECIAL DISTRICT OR  SCHOOL
DISTRICT.
  2.  THE  GOVERNOR  SHALL ATTACH A FISCAL NOTE TO EVERY EXECUTIVE ORDER
WHICH WOULD AFFECT THE REVENUES OR EXPENSES, OR BOTH, OF  ANY  POLITICAL
SUBDIVISION. SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE COSTS AND SOURCE
OF  FUNDING OF EVERY PROVISION OF THE EXECUTIVE ORDER WHICH WOULD AFFECT
THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
  3. FISCAL NOTES SHALL NOT, HOWEVER, BE REQUIRED FOR  EXECUTIVE  ORDERS
WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
  S 3. The state administrative procedure act is amended by adding a new
section 201-b to read as follows:
  S  201-B.  FISCAL NOTES ON PROPOSED RULES. 1. FOR THE PURPOSES OF THIS
SECTION, THE TERM "POLITICAL SUBDIVISION" MEANS ANY COUNTY, CITY,  TOWN,
VILLAGE, SPECIAL DISTRICT OR SCHOOL DISTRICT.
  2.  EACH  AGENCY  PROPOSING  A  RULE  SHALL  ATTACH A FISCAL NOTE TO A
PROPOSED RULE WHICH WOULD AFFECT THE REVENUES OR EXPENSES, OR  BOTH,  OF
ANY  POLITICAL  SUBDIVISION.  SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE
COSTS AND SOURCE OF FUNDING OF EVERY  PROVISION  OF  THE  PROPOSED  RULE
WHICH WOULD AFFECT THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
  3.  FISCAL  NOTES  SHALL  NOT, HOWEVER, BE REQUIRED FOR PROPOSED RULES
WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

                                 PART H

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:

A. 5498                            11

  42.  THE  COMMISSIONER  SHALL DEVELOP AND IMPLEMENT, ON OR BEFORE JULY
FIRST, TWO THOUSAND  TWELVE,  A  PROGRAM  WITHIN  THE  DEPARTMENT  WHICH
PROVIDES  INFORMATION,  EXPERTISE  AND ASSISTANCE TO SCHOOL DISTRICTS IN
THE CONSOLIDATION OF FUNCTIONS WITHIN AND AMONG SUCH DISTRICTS.
  S 2. This act shall take effect immediately.

                                 PART I

  Section  1. Clause 1 of subparagraph (i) of paragraph o of subdivision
10 of section 54 of the state finance law, as amended by  section  7  of
part  GG  of  chapter  56  of  the  laws  of 2009, is amended to read as
follows:
  (1) For the purposes of  this  paragraph,  "municipality"  shall  mean
counties,  cities,  towns, villages, special improvement districts, fire
districts, public libraries, association libraries,  water  authorities,
sewer authorities, AND regional planning and development boards[, school
districts,  and  boards  of  cooperative educational services; provided,
however, that for the purposes of this definition, a  board  of  cooper-
ative  educational  services  shall be considered a municipality only in
instances where such board of cooperative educational services  advances
a  joint  application  on  behalf  of school districts and other munici-
palities within the board of cooperative  educational  services  region;
provided,  however,  that  any  agreements  with  a board of cooperative
educational services: shall not generate additional state aid; shall  be
deemed not to be a part of the program, capital and administrative budg-
ets of the board of cooperative educational services for the purposes of
computing  charges  upon component school districts pursuant to subpara-
graph seven of paragraph b  of  subdivision  four  of  section  nineteen
hundred  fifty and subdivision one of section nineteen hundred fifty and
subdivision one of section nineteen hundred fifty-one of  the  education
law;  and  shall  be  deemed  to  be a cooperative municipal service for
purposes of subparagraph two of  paragraph  d  of  subdivision  four  of
section nineteen hundred fifty of the education law].
  S 2. Clause 3 of subparagraph (ii) of paragraph o of subdivision 10 of
section  54 of the state finance law, as added by section 7 of part O of
chapter 56 of the laws of 2008, is amended to read as follows:
  (3) High priority planning grants may be used to cover  costs  includ-
ing,  but not limited to, legal and consultant services and other neces-
sary expenses. [The amounts awarded to a  school  district  pursuant  to
this  subparagraph  shall  not  be  included  in  the approved operating
expense of the school district as defined in paragraph t of  subdivision
one  of section thirty-six hundred two of the education law.] No part of
the grant shall be used by the applicant for recurring expenses such  as
salaries.
  S  3.  Clause 3 of subparagraph (iii) of paragraph o of subdivision 10
of section 54 of the state finance law, as added by section 7 of part  O
of chapter 56 of the laws of 2008, is amended to read as follows:
  (3)  General  efficiency  planning  grants  may be used to cover costs
including, but not limited to, legal and consultant services  and  other
necessary  expenses.  [The amounts awarded to a school district pursuant
to this subparagraph shall not be included  in  the  approved  operating
expense  of the school district as defined in paragraph t of subdivision
one of section thirty-six hundred two of the education law.] No part  of
the  grant shall be used by the applicant for recurring expenses such as
salaries.

A. 5498                            12

  S 4. Clause 2 of subparagraph (iv) of paragraph o of subdivision 10 of
section 54 of the state finance law, as added by section 7 of part O  of
chapter 56 of the laws of 2008, is amended to read as follows:
  (2)  Efficiency  implementation  grants  may  be  used  to cover costs
including, but not limited to, legal and  consultant  services,  capital
improvements, transitional personnel costs essential for the implementa-
tion  of  the  approved  efficiency  implementation grant work plan, and
other necessary expenses. Grants may be used for  capital  improvements,
transitional  personnel  costs  or  joint equipment purchases only where
such expenses are integral to the coordinated  or  consolidated  service
delivery.  [The  amounts  awarded  to a school district pursuant to this
subparagraph shall not be included in the approved operating expense  of
the  school  district  as  defined  in paragraph t of subdivision one of
section thirty-six hundred two of the education law.]
  S 5. Clause 1 of subparagraph (v) of paragraph o of subdivision 10  of
section  54 of the state finance law, as added by section 7 of part O of
chapter 56 of the laws of 2008, is amended to read as follows:
  (1) Within the amounts appropriated therefor, subject to a plan devel-
oped in consultation with the commission on local government  efficiency
and  competitiveness  and  approved  by  the director of the budget, the
secretary of state may award competitive  grants  to  municipalities  to
cover  costs  associated  with  a  functional  consolidation or a shared
services agreement having great potential to achieve  financial  savings
and  serve  as  a  model for other municipalities, including the consol-
idation of services  on  a  multi-county  basis,  the  consolidation  of
certain  services countywide as identified in such plan, the creation of
a regional entity empowered to provide multiple functions on  a  county-
wide  or  regional  basis,  the  creation  of  a regional or city-county
consolidated  municipal  government,  [the   consolidation   of   school
districts  or  supporting services for school districts encompassing the
area served by a board of  cooperative  educational  services,]  or  the
creation of a regional smart growth compact or program.
  S 6. Subdivision 14 of section 3602 of the education law is amended by
adding a new paragraph h to read as follows:
  H. EFFICIENCY STUDY GRANTS.  (1) ANY SCHOOL DISTRICT WHICH IS ELIGIBLE
TO  RECEIVE  AN  APPORTIONMENT  UNDER THIS SECTION OR SECTION THIRTY-SIX
HUNDRED TWO-B OF THIS ARTICLE MAY SUBMIT PLANS TO THE  COMMISSIONER  FOR
THE PURPOSE OF RECEIVING A GRANT TO STUDY REORGANIZATION OF THE DISTRICT
WITH  ONE  OR  MORE  SCHOOL DISTRICTS OR THE SHARING OF PROGRAMS BETWEEN
SUCH DISTRICTS AND OTHER SCHOOL DISTRICTS.
  (2) EFFICIENCY GRANTS MAY ALSO BE AWARDED PURSUANT TO  THIS  PARAGRAPH
TO  A  SCHOOL  DISTRICT,  A  GROUP OF SCHOOL DISTRICTS, OR TO A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES FOR A PROJECT  IN  WHICH  A  COUNTY  OR
OTHER MUNICIPALITY IS A PARTNER FOR THE PURPOSE OF STUDYING A COLLABORA-
TIVE  SERVICE  DELIVERY  SYSTEM  FOR SCHOOL AGED AT-RISK YOUTH AND THEIR
FAMILIES.
  (3) PLANS SHALL BE IN THE FORM  PRESCRIBED  BY  THE  COMMISSIONER  AND
APPROVED  BY  HIM OR HER IN ACCORDANCE WITH REGULATIONS ADOPTED FOR SUCH
PURPOSES.
  (4) AFTER HIS OR HER APPROVAL OF A PLAN, THE COMMISSIONER MAY AWARD  A
MAXIMUM  GRANT  OF FIFTY THOUSAND DOLLARS PER STUDY PURSUANT TO SUBPARA-
GRAPH ONE OF THIS PARAGRAPH AND  A  MAXIMUM  GRANT  OF  TWENTY  THOUSAND
DOLLARS PER STUDY PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH.
  (5)  THE  COMMISSIONER SHALL ENSURE THAT OF THE TOTAL AMOUNT ALLOCATED
FOR GRANTS AWARDED UNDER THIS PARAGRAPH, THE AMOUNT  OF  GRANTS  AWARDED

A. 5498                            13

PURSUANT  TO SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL CONSTITUTE NO MORE
THAN THIRTY-FIVE PERCENT OF SUCH TOTAL AMOUNT.
  S  7.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

                                 PART J

  Section 1. Subdivision 1 of section 1950  of  the  education  law,  as
amended  by  chapter  396  of  the  laws  of 1974, is amended to read as
follows:
  1. The boards of  education  and  school  trustees  of  a  supervisory
district  which  is  not  part of an intermediate district, meeting at a
time and place to  be  designated  by  the  district  superintendent  of
schools,  may,  by  a majority vote of their members present and voting,
file with the commissioner [of education] a petition for the  establish-
ment  of  a board of cooperative educational services for the purpose of
carrying out a program of SUCH shared educational services [in]  AS  the
schools of the supervisory district ELECT TO HAVE PROVIDED BY SUCH BOARD
and  for  providing  instruction in such special subjects as the commis-
sioner may approve. NO PROVISION OF LAW, RULE OR REGULATION, OTHER  THAN
THE  PROVISIONS  OF  THIS SECTION SHALL LIMIT THE SHARED SERVICES THAT A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES IS AUTHORIZED  TO  PROVIDE  OF
ITS  COMPONENT  SCHOOL DISTRICTS. The commissioner, by order, may estab-
lish such a board with membership of not less than five  nor  more  than
fifteen,  upon  such application and when a vacancy occurs in the office
of district superintendent of schools  shall  establish  such  a  board,
unless  the  commissioner shall issue an order pursuant to section twen-
ty-two hundred one OF THIS TITLE  redistricting  the  county  so  as  to
provide  for a lesser number of supervisory districts. The commissioner,
by order, may authorize a board, established prior to July second, nine-
teen hundred sixty-five, to increase its membership  to  not  less  than
five nor more than fifteen.
  S 2. Subparagraph 2 of paragraph a of subdivision 4 of section 1950 of
the education law is REPEALED.
  S  3.  Paragraph  c  of subdivision 4 of section 1950 of the education
law, as amended by chapter 378 of the laws of 2010, is amended  to  read
as follows:
  c.  Make or cause to be made surveys to determine the need for cooper-
ative educational services in the supervisory district and  present  the
findings  of  their  surveys  to local school authorities. Each board of
cooperative educational services shall prepare long range program plans,
including special education and career education program plans, to  meet
the  projected  need  for  such  cooperative educational services in the
supervisory district for the next five years [as may be specified by the
commissioner,] and shall keep on file  and  make  available  for  public
inspection  and  review  by  the  commissioner such plans and thereafter
annual revisions of such plans on or before the first day of December of
each year, provided that such plans may be incorporated into a board  of
cooperative educational services district-wide comprehensive plan.
  S 4. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
the  education  law,  as  amended by chapter 474 of the laws of 1996, is
amended to read as follows:
  (1) Aidable shared  services.  At  the  request  of  component  school
districts[,  and  with the approval of the commissioner,] provide any of
the following services on a cooperative  basis:  school  nurse  teacher,
attendance   supervisor,   supervisor  of  teachers,  dental  hygienist,

A. 5498                            14

psychologist, teachers of art, music, physical education, career  educa-
tion  subjects,  guidance  counsellors, operation of special classes for
students with disabilities, as such term is defined in  article  eighty-
nine of this chapter; pupil and financial accounting service by means of
mechanical  equipment; maintenance and operation of cafeteria or restau-
rant service for the use of pupils  and  teachers  while  at  school[,];
OPERATION  OF  A  REGIONAL  TRANSPORTATION SYSTEM FOR THE BENEFIT OF THE
COMPONENT SCHOOL DISTRICTS and such other services as the  [commissioner
may  approve]  COMPONENT SCHOOL DISTRICTS MAY REQUEST. Such cafeteria or
restaurant service may be used by the community for school related func-
tions and activities and to furnish meals to the  elderly  residents  of
the  district, sixty years of age or older. Utilization by elderly resi-
dents or school related groups shall be subject to the approval  of  the
board  of education. Charges shall be sufficient to bear the direct cost
of preparation and serving of such meals, exclusive of any other  avail-
able reimbursements.
  S 5. Subparagraph 2 of paragraph d of subdivision 4 of section 1950 of
the  education  law,  as  added  by  chapter 474 of the laws of 1996, is
amended to read as follows:
  (2) [Certain]  ADDITIONAL  SHARED  services  [prohibited]  AUTHORIZED.
[Commencing  with the nineteen hundred ninety-seven--ninety-eight school
year, the] THE commissioner shall [not be authorized to] approve  as  an
aidable  shared  service  pursuant  to  this subdivision any cooperative
maintenance services or municipal services, including  but  not  limited
to,  lawn  mowing  services and heating, ventilation or air conditioning
repair or maintenance  or  trash  collection,  or  any  other  municipal
services  [as  defined  by  the commissioner. On and after the effective
date of this paragraph, the commissioner shall not approve, as an  aida-
ble  shared  service,  any  new  cooperative  maintenance  or  municipal
services for the nineteen hundred ninety-six--ninety-seven school  year,
provided  that  the  commissioner  may  approve the continuation of such
services for one year if provided in the nineteen hundred  ninety-five--
ninety-six school year] REQUESTED BY THE COMPONENT SCHOOL DISTRICTS.
  S 6. Subparagraph 3 of paragraph d of subdivision 4 of section 1950 of
the  education  law,  as  amended by chapter 474 of the laws of 1996, is
amended to read as follows:
  (3) Requests for shared services;  operating  plan;  required  notice.
Requests  for  such  shared  services shall be filed by component school
districts with the board of cooperative educational services  not  later
than the first day of February of each year, provided that such requests
shall  not  be  binding upon the component school district. The board of
cooperative educational services shall submit its proposed annual  oper-
ating  plan for the ensuing school year to the department [for approval]
not later than the fifteenth day of February of each  year.  Such  board
shall,  through  its  executive  officer,  notify  each component school
district on or before the tenth day of  March  concerning  the  services
which  have  been approved by the [commissioner] BOARD to be made avail-
able for the ensuing school year. Such notice shall set forth the  local
uniform  cost  of  each  such  service, based on (i) anticipated partic-
ipation in the ensuing school year, or (ii) participation in the current
year, or (iii) a two or three year average  including  participation  in
the  current year, which unit cost shall be the same for all participat-
ing component districts and shall be based upon  a  uniform  methodology
approved annually by at least three-quarters of the participating compo-
nent  school districts after consultation by local school officials with
their respective boards; provided, however,  such  unit  cost  shall  be

A. 5498                            15

subject  to final adjustment for programs for students with disabilities
based on actual participation in  accordance  with  regulations  of  the
commissioner.    [Notwithstanding the determination of the local uniform
unit  cost  methodology selected in accordance with this paragraph, each
board of cooperative education services shall  annually  report  to  the
commissioner the budgeted unit cost and, when available, the actual unit
cost  of  such  programs and services, in accordance with both the local
uniform unit cost methodology and a statewide uniform unit cost  method-
ology  prescribed  by the commissioner by regulation, where the budgeted
statewide unit cost shall be based on the anticipated  participation  in
the  ensuing  year  and the actual statewide unit cost shall be based on
actual participation through the end of each year.]
  S 7. Paragraph r of subdivision 4 of section  1950  of  the  education
law, as amended by chapter 53 of the laws of 1990, is amended to read as
follows:
  r. With the approval of the district superintendent of schools [and of
the  commissioner  of  education]  to  furnish  any  of  the educational
services provided for in this section or any other section of law  which
authorizes such board to provide services to school districts outside of
the supervisory district, upon such terms as may be agreed upon pursuant
to  contracts executed by such board of cooperative educational services
and the trustees or boards of education of such school districts.
  S 8. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

                                 PART K

  Section 1. The education law is amended by adding a new section 3602-g
to read as follows:
  S  3602-G.  CAREER AND TECHNICAL EDUCATION. THE COMMISSIONER SHALL OUT
OF FUNDS APPROPRIATED THEREFOR, DISBURSE STATE ASSISTANCE TO  BOARDS  OF
COOPERATIVE  EDUCATIONAL  SERVICES FOR THE ESTABLISHMENT AND IMPLEMENTA-
TION OF PARTNERSHIPS BETWEEN SCHOOL DISTRICTS, SUCH  BOARDS  AND  INSTI-
TUTIONS  OF  HIGHER  EDUCATION  FOR  THE  PROVISION  AND COORDINATION OF
SCHOOL-BASED  CAREER  ACADEMIES  WITH  CAREER  AND  TECHNICAL  EDUCATION
PROGRAMS.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

                                 PART L

  Section 1. The commissioner of education shall establish a task  force
to  examine,  evaluate  and  make recommendations concerning the various
alternative methods for funding charter schools which do not reduce  the
funding  provided  to  the  school districts of residence of the charter
school students. Such task force shall review, with particular care, the
impact on charter schools and public schools of the funding  methodology
for  charter  schools established pursuant to section 2856 of the educa-
tion law.
  S 2. The task force shall be composed of the  commissioner  of  educa-
tion,  the  commissioner of taxation and finance, the executive director
of the office of real property services, and such members as the commis-
sioner of education  shall  appoint.  The  members  of  the  task  force
appointed by the commissioner of education shall include representatives
of  school  districts,  charter  schools,  parents of students attending
charter schools and residents of this state.

A. 5498                            16

  S 3. The task force shall hold public hearings and shall have all  the
powers of a legislative committee pursuant to the legislative law.
  S  4.  The members of the task force shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this act.
  S 5. The task force shall submit a report, to  the  governor  and  the
legislature,  of  its  findings,  conclusions  and recommendations on or
before April 1, 2012, and shall submit with its report such  legislative
proposals as it deems necessary to implement such recommendations.
  S  6.  This act shall take effect immediately, and shall expire and be
deemed repealed April 2, 2012.

                                 PART M

  Section 1. Section 3602 of the education law is amended  by  adding  a
new subdivision 27 to read as follows:
  27.  AID FOR ENERGY COST INCREASES. COMMENCING WITH AID PAYABLE IN THE
TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE  SCHOOL  YEAR  AND  ALL  SCHOOL
YEARS  THEREAFTER,  THE  COMMISSIONER SHALL APPORTION AID TO EACH SCHOOL
DISTRICT EQUAL TO THE AMOUNT BY WHICH THE COST OF ELECTRICITY,  PROPANE,
NATURAL  GAS  AND  HEATING  OIL  USED  BY THE SCHOOL DISTRICT DURING THE
SCHOOL YEAR EXCEEDS THE LESSER OF, ONE HUNDRED FOUR PERCENT OF THE  COST
THEREOF  DURING  THE PRECEDING SCHOOL YEAR OR ONE HUNDRED TWENTY PERCENT
OF THE CONSUMER PRICE INDEX WITH REGARD TO THE COST THEREOF  DURING  THE
PRECEDING SCHOOL YEAR.
  S 2. This act shall take effect immediately.

                                 PART N

  Section  1.  The  public  authorities  law  is amended by adding a new
section 1001-b to read as follows:
  S 1001-B. ENERGY CONSERVATION IMPROVEMENTS FOR SCHOOLS. THE  AUTHORITY
SHALL  ESTABLISH  AND IMPLEMENT A PLAN THAT PROVIDES FINANCING TO SCHOOL
DISTRICTS FOR THE COSTS OF ENERGY CONSERVATION IMPROVEMENTS MADE TO  ANY
SCHOOL  IN  THE  SCHOOL DISTRICT, PROVIDED THAT NO COSTS ASSOCIATED WITH
SUCH FINANCIAL ASSISTANCE SHALL BE CHARGED TO THE AUTHORITY'S CUSTOMERS.
FINANCIAL ASSISTANCE SHALL BE REPAID TO THE AUTHORITY, OVER A PERIOD NOT
TO EXCEED TEN YEARS, WITH SAVINGS IN  ENERGY  COSTS  AND  RELATED  COSTS
WHICH ACCRUE TO THE SCHOOL DISTRICT AS A RESULT OF SUCH ENERGY CONSERVA-
TION IMPROVEMENTS.
  S 2. This act shall take effect immediately.

                                 PART O

  Section  1. Paragraph q of subdivision 4 of section 1950 of the educa-
tion law, as separately amended by chapters 367 and 563 of the  laws  of
1979, is amended to read as follows:
  q. To provide transportation for pupils to and from classes maintained
by  such board of cooperative educational services at the request of one
or more school districts. School districts  and  boards  of  cooperative
educational  services are authorized to enter into contracts with one or
more school districts, private contractors, and one or  more  boards  of
cooperative  educational  services  and  any  municipal  corporation and
authority to provide such transportation. Boards of  cooperative  educa-
tional services may operate joint or regional transportation systems for
the  transportation authorized by articles seventy-three and eighty-nine

A. 5498                            17

of this chapter. Such transportation, except when provided  by  a  poli-
tical  subdivision or a board of cooperative educational services, shall
be subject to the requirements of subdivision fourteen of section  three
hundred  five  of  [the  education  law] THIS CHAPTER. IN ADDITION, EACH
BOARD SHALL, IN COOPERATION WITH ITS COMPONENT SCHOOL DISTRICTS, CONDUCT
A STUDY OF THE FEASIBILITY  AND  SAVINGS  DERIVED  FROM  ESTABLISHING  A
REGIONAL  TRANSPORTATION  SYSTEM.  THE GOAL OF SUCH STUDY AND THE ESTAB-
LISHMENT OF ANY REGIONAL TRANSPORTATION SYSTEM SHALL BE MAXIMIZATION  OF
COST EFFICIENCIES AND CONSERVATION OF FUEL.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

                                 PART P

  Section 1. The opening paragraph of subdivision 4 of section  3602  of
the  education  law, as amended by section 13 of part A of chapter 57 of
the laws of 2009, is amended to read as follows:
  In addition to any other apportionment pursuant  to  this  chapter,  a
school  district, other than a special act school district as defined in
subdivision eight of section four thousand one of this chapter, shall be
eligible for total foundation aid equal to the product of total  aidable
foundation  pupil units multiplied by the district's selected foundation
aid, which shall be the greater of five hundred dollars ($500) or  foun-
dation  formula aid, provided, however that for the two thousand seven--
two thousand eight through two thousand eight--two thousand nine and two
thousand eleven--two thousand twelve through  two  thousand  twelve--two
thousand  thirteen  school years, no school district shall receive total
foundation aid in excess of the sum of the total foundation aid base for
aid payable in the two thousand seven--two thousand  eight  school  year
computed  pursuant to subparagraph (i) of paragraph j of subdivision one
of this section, plus the phase-in foundation increase computed pursuant
to paragraph b of this subdivision,  and  provided  further  that  total
foundation  aid  shall not be less than the product of the total founda-
tion aid base computed pursuant to paragraph j  of  subdivision  one  of
this section and one hundred three percent, nor more than the product of
such  total  foundation  aid  base  and one hundred fifteen percent, and
provided further that for the two thousand nine--two  thousand  ten  and
two thousand ten--two thousand eleven school years, each school district
shall  receive  total  foundation  aid  in an amount equal to the amount
apportioned to such school district  for  the  two  thousand  eight--two
thousand  nine  school  year pursuant to this subdivision. Total aidable
foundation pupil units shall be calculated pursuant to  paragraph  g  of
subdivision  two  of this section.   For the purposes of calculating aid
pursuant to this subdivision, aid for the city school  district  of  the
city of New York shall be calculated on a citywide basis.  NOTWITHSTAND-
ING  ANY OTHER PROVISION OF THIS SUBDIVISION, TOTAL FOUNDATION AID SHALL
BE INCREASED TO REFLECT THE REGIONAL COST INDEX OF THE SCHOOL DISTRICT.
  S 2. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.

                                 PART Q

  Section  1. Section 3623-a of the education law is amended by adding a
new subdivision 4 to read as follows:
  4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE  CONTRA-
RY, FOR SCHOOL YEARS COMMENCING AFTER JUNE THIRTIETH, TWO THOUSAND ELEV-

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EN,  STATE TRANSPORTATION AID SHALL BE EQUAL TO ALL TRANSPORTATION COSTS
INCURRED BY A SCHOOL DISTRICT.
  S 2. This act shall take effect April 1, 2011.

                                 PART R

  Section 1. Paragraph j of subdivision 14 of section 3602 of the educa-
tion law, as amended by section 17-b of part B of chapter 57 of the laws
of 2007, is amended to read as follows:
  j.  For  school  districts  which  reorganize  on or after July first,
[nineteen hundred ninety-two] TWO THOUSAND ELEVEN, the percent  increase
in  apportionment  pursuant  to paragraph c of this subdivision shall be
[thirty] SIXTY DURING THE YEAR OF SUCH REORGANIZATION, FIFTY DURING  THE
FIRST  YEAR  AFTER  SUCH  REORGANIZATION, FORTY   DURING THE SECOND YEAR
AFTER SUCH REORGANIZATION, THIRTY DURING THE THIRD YEAR AFTER SUCH REOR-
GANIZATION, TWENTY DURING THE FOURTH YEAR AFTER SUCH REORGANIZATION, AND
NO ADDITIONAL APPORTIONMENT THEREOF; provided that such school districts
meet all other requirements of the provisions of such paragraph  c.  All
other  requirements  of  paragraph  c  OF  THIS SUBDIVISION shall apply.
School districts which receive an  apportionment  under  this  paragraph
shall  not  be eligible for an apportionment under paragraph c[, e] or f
of this subdivision.
  S 2. This act shall take effect July 1, 2011.

                                 PART S

  Section 1. Subparagraph 6 of paragraph n of subdivision 1  of  section
3602 of the education law, as amended by section 11 of part B of chapter
57 of the laws of 2007, is amended to read as follows:
  (6) "Additional public school enrollment" shall mean resident students
with  disabilities placed by public school districts in approved private
schools, [the New York state school for the blind at Batavia, or the New
York state school for the deaf at Rome] and resident students placed  in
schools subject to the provisions of chapter five hundred sixty-three of
the laws of nineteen hundred eighty as amended.
  S  2.  Section  4313 of the education law, as amended by chapter 53 of
the laws of 1990, paragraph a of subdivision 1 as amended by section  42
of  part  B  of  chapter  57  of the laws of 2007, is amended to read as
follows:
  S 4313. [School  district  and  social  services  district  financial]
FINANCIAL  responsibility.    [1.  Financial  responsibilities.   School
districts] THE DEPARTMENT and [social services districts] THE OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES  shall  be  responsible  for the cost of
tuition and maintenance, respectively, for children in attendance at the
New York state school for the blind during the September  first  through
June  thirtieth  session.  [Such  costs shall be established pursuant to
section forty-four hundred five of this chapter.   a.]  1.  The  [school
district of which any such child is resident at the time of admission or
readmission  to the New York State school for the blind pursuant to this
article] DEPARTMENT shall [be required to  reimburse  the  state  in  an
amount  equal  to  the] MAKE tuition payments [made] to the state school
[by the state on behalf of the school district] FOR EACH CHILD WHO IS  A
RESIDENT  OF  THE STATE.   [The comptroller shall deduct the appropriate
tuition amounts from any state  funds  which  become  due  to  a  school
district  for  each  year  in  which such child is in attendance at such
school, and shall deposit such funds to  the  special  revenue  accounts

A. 5498                            19

established  for  such purpose. Any tuition amounts deducted pursuant to
this subdivision shall be included in the approved operating expense  of
the  school  district  pursuant  to  paragraph  t  of subdivision one of
section thirty-six hundred two of this chapter.
  b.]  2. The [social services district in which any such child is resi-
dent at the time of admission or  readmission  to  the  New  York  state
school  for  the  blind pursuant to this article] OFFICE OF CHILDREN AND
FAMILY SERVICES shall be required to reimburse the [state] DEPARTMENT in
an amount equal to the maintenance payments made to the state school  by
the  [state] DEPARTMENT on behalf of [the social services district] SUCH
OFFICE. [The comptroller may deduct the appropriate maintenance  amounts
from  any state funds which become due to a social services district for
each year in which such child is in attendance at such school only  upon
notification  by  the  commissioner  of  social services after receiving
notice by the  commissioner  of  education  that  such  social  services
district  has  failed  to remit the required maintenance payments to the
state within ninety days of the  date  on  which  such  social  services
district was billed by the state for services rendered, and shall depos-
it  such  funds  to  the  special  revenue accounts established for such
purpose.]
  S 3. Section 4357 of the education law, as amended by  chapter  53  of
the  laws of 1990, paragraph a of subdivision 1 as amended by section 43
of part B of chapter 57 of the laws of  2007,  is  amended  to  read  as
follows:
  S 4357. [School  district  and  social  services  district  financial]
FINANCIAL  responsibility.  1.   Financial   responsibilities.   [School
districts]  THE DEPARTMENT and [social services districts] THE OFFICE OF
CHILDREN AND FAMILY SERVICES shall  be  responsible  for  the  costs  of
tuition  and  maintenance,  respectively, for children attending the New
York state school for the deaf during the September first  through  June
thirtieth  session. [Such costs shall be established pursuant to section
forty-four hundred five of this chapter.] a.  The  [school  district  of
which any such child is resident at the time of admission or readmission
to  the  New  York  State  school for the deaf pursuant to this article]
DEPARTMENT shall [be required to reimburse the state in an amount  equal
to  the]  MAKE tuition payments [made] to the state school [by the state
on behalf of the school district] FOR EACH CHILD WHO IS  A  RESIDENT  OF
THE STATE. [The comptroller shall deduct the appropriate tuition amounts
from any state funds which become due to a school district for each year
in  which  such child is in attendance at such school, and shall deposit
such funds to the special revenue accounts established for such purpose.
Any tuition amounts deducted  pursuant  to  this  subdivision  shall  be
included in the approved operating expense of the school district pursu-
ant  to paragraph t of subdivision one of section thirty-six hundred two
of this chapter.]
  b. The [social services district in which any such child  is  resident
at the time of admission or readmission to the New York state school for
the  deaf  pursuant  to  this  article]  OFFICE  OF  CHILDREN AND FAMILY
SERVICES shall be required to reimburse the  [state]  DEPARTMENT  in  an
amount equal to the maintenance payments made to the state school by the
[state]  DEPARTMENT  on  behalf  of  [the social services district] SUCH
OFFICE. [The comptroller may deduct the appropriate maintenance  amounts
from  any state funds which become due to a social services district for
each year in which such child is in attendance at such school only  upon
notification  by  the  commissioner  of  social services after receiving
notice by the  commissioner  of  education  that  such  social  services

A. 5498                            20

district  has  failed  to remit the required maintenance payments within
ninety days of the date on which such social services district is billed
by the state for services rendered, and shall deposit such amount to the
special revenue accounts established for such purpose.]
  2.  Payment  for  preschool children with handicapping conditions. The
state [share of] SHALL PAY the costs of tuition, maintenance and  trans-
portation for preschool children attending the New York state school for
the  deaf  during  the  July and August summer session and the September
through June session [shall be paid from the state  moneys  appropriated
in  support  of the provisions of section forty-four hundred ten of this
chapter. The remaining share shall be a charge on  the  county,  or  the
city  of  New  York,  of which any such child is resident at the time of
admission or readmission to such school. The state share shall be as set
forth in paragraph b of subdivision eleven of section forty-four hundred
ten of this chapter]. For the purposes of  this  subdivision  "preschool
child"  shall mean a child not eligible, by reason of age, for the deaf-
infant program pursuant to section  forty-two  hundred  four-a  of  this
[chapter] TITLE and not eligible, by reason of age, to attend the public
schools  pursuant  to  section  thirty-two  hundred two of this chapter,
provided that a child shall be deemed  a  preschool  child  through  the
month  of  August  of  the  school year in which the child first becomes
eligible to attend the public schools. [Preschool education charges on a
county, or the city of New York, pursuant to this subdivision  shall  be
deducted  by  the  comptroller  within  thirty days of the issuance of a
warrant by the commissioner from any state funds which become due  to  a
county,  or the city of New York, and be credited to the special revenue
account established for such purpose.]  Such  tuition,  maintenance  and
transportation  costs shall be determined pursuant to section forty-four
hundred five of this [chapter] TITLE.
  3. Deaf infants. The full costs of a deaf-infant  program,  as  deter-
mined  by the commissioner [of education and approved by the director of
the budget], for children below the age of three served by the New  York
state  school  for the deaf pursuant to section forty-two hundred four-a
of this [chapter] TITLE shall be paid from the state moneys appropriated
in support of such section forty-two hundred four-a.
  S 4. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.

                                 PART T

  Section  1.  The executive law is amended by adding a new section 44-a
to read as follows:
  S 44-A. TAXPAYER REPORT CARD. 1. ANNUALLY, ON OR BEFORE  MARCH  FIRST,
THE  DEPARTMENT  OF  AUDIT AND CONTROL SHALL COMPILE AND PUBLISH IN BOTH
WRITTEN AND ELECTRONIC FORMS THE INFORMATION DERIVED FROM REPORTS TO THE
COMPTROLLER OR SUCH DEPARTMENT, AND FROM AUDITS CONDUCTED BY  THE  COMP-
TROLLER  OR  SUCH  DEPARTMENT,  RELATING  TO THE STATE AND ITS POLITICAL
SUBDIVISIONS AND ALL  AGENCIES  AND  PUBLIC  AUTHORITIES  THEREOF.  SUCH
INFORMATION  SHALL,  IN PARTICULAR, RELATE TO GOVERNMENT FINANCES DURING
THE IMMEDIATELY PRECEDING CALENDAR YEAR.
  2. THE INFORMATION PUBLISHED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
SECTION  SHALL BE KNOWN AS THE "TAXPAYER REPORT CARD". IT SHALL BE WRIT-
TEN IN CLEAR AND EASILY UNDERSTANDABLE LANGUAGE, AND INCLUDE  A  COMPRE-
HENSIVE  INDEX  WHICH  FACILITATES ACCESS TO SPECIFIC INFORMATION WITHIN
THE TAXPAYER REPORT CARD.

A. 5498                            21

  3. THE TAXPAYER REPORT CARD SHALL INCLUDE DETAILED INFORMATION ON  ALL
EXPENDITURES  AND  REVENUE  OF THE STATE AND ITS POLITICAL SUBDIVISIONS,
AND ALL AGENCIES AND PUBLIC AUTHORITIES THEREOF.
  S  2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.

                                 PART U

  Section 1. The state finance law is amended by adding  a  new  section
24-a to read as follows:
  S  24-A. PUBLISHING OF PROPOSED BUDGET BILLS. NO LESS THAN THIRTY DAYS
PRIOR TO THE ENACTMENT OF THE BUDGET  BILLS,  AS  SPECIFIED  IN  SECTION
TWENTY-FOUR  OF  THIS ARTICLE, BY THE LEGISLATURE, THE BUDGET BILLS THAT
THE LEGISLATURE HAS AGREED TO ENACT SHALL BE PUBLISHED IN  BOTH  WRITTEN
AND  ELECTRONIC FORMS AND MADE AVAILABLE TO THE PUBLIC BY THE SENATE AND
THE ASSEMBLY, AND SHALL ALSO BE POSTED ON THE INTERNET WEBSITES  OF  THE
SENATE  AND  ASSEMBLY.  SUCH  PUBLISHING  AND POSTING OF THE AGREED UPON
BUDGET BILLS SHALL INCLUDE A DETAILED EXPLANATION OF THE BILLS  AND  THE
SOURCES OF REVENUE THEREFOR.
  S 2. Section 2801 of the public authorities law is amended by adding a
new subdivision 4 to read as follows:
  4.  ALL  AUTHORITIES.    EVERY  STATE OR LOCAL AUTHORITY HERETOFORE OR
HEREAFTER CONTINUED OR CREATED BY THIS  CHAPTER  SHALL,  NOT  LESS  THAN
THIRTY DAYS PRIOR TO THE APPROVAL OF THE ANNUAL BUDGET OF SUCH AUTHORITY
OR  COMMISSION,  PUBLISH  IN  BOTH WRITTEN AND ELECTRONIC FORMS AND MAKE
AVAILABLE TO THE PUBLIC THE PROPOSED BUDGET OF THE AUTHORITY OR  COMMIS-
SION,  AND  SHALL ALSO POST SUCH PROPOSED BUDGET ON THE INTERNET WEBSITE
OF THE COMMISSION OR AUTHORITY.  SUCH  PUBLISHING  AND  POSTING  OF  THE
PROPOSED  BUDGET  SHALL INCLUDE SUCH DETAILED INFORMATION AS IS REQUIRED
BY SUBDIVISION ONE OF THIS SECTION.
  S 3. The general municipal law is amended by adding a new section  3-c
to read as follows:
  S  3-C.  PUBLISHING OF PROPOSED BUDGET. NO LESS THAN THIRTY DAYS PRIOR
TO THE APPROVAL OF ANY ANNUAL BUDGET OF A  MUNICIPAL  CORPORATION,  SUCH
CORPORATION  SHALL PUBLISH IN BOTH WRITTEN AND ELECTRONIC FORMS AND MAKE
AVAILABLE TO THE PUBLIC THE PROPOSED  BUDGET  OF  THE  MUNICIPAL  CORPO-
RATION, AND SHALL ALSO POST SUCH PROPOSED BUDGET ON THE INTERNET WEBSITE
OF  THE  MUNICIPAL  CORPORATION.  SUCH  PUBLISHING  AND  POSTING  OF THE
PROPOSED BUDGET SHALL INCLUDE A DETAILED  EXPLANATION  OF  THE  PROPOSED
BUDGET AND THE SOURCES OF REVENUE THEREFOR.
  S  4. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law.

                                 PART V

  Section 1. Section 40 of the executive law is amended by adding a  new
subdivision 4 to read as follows:
  4.  ANNUALLY,  ON  OR  BEFORE FEBRUARY FIFTEENTH, THE DEPARTMENT SHALL
COMPILE AND PUBLISH, IN WRITTEN FORM AND ON  ITS  DEPARTMENTAL  INTERNET
WEBSITE, A REPORT ON THE COSTS DURING THE IMMEDIATELY PRECEDING CALENDAR
YEAR  TO  EACH  MUNICIPAL  CORPORATION, AS DEFINED IN SECTION TWO OF THE
GENERAL MUNICIPAL LAW, OF THE REQUIREMENTS IMPOSED  THEREUPON  BY  STATE
LAWS,  RULES AND REGULATIONS. SUCH REPORT SHALL BE MADE AVAILABLE TO THE
PUBLIC, AND SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.

A. 5498                            22

                                 PART W

  Section 1. The state finance law is amended by adding a new section 29
to read as follows:
  S 29. APPROPRIATIONS FOR PUBLIC ELEMENTARY AND SECONDARY EDUCATION. 1.
EACH FISCAL YEAR THE BUDGET SUBMITTED BY THE GOVERNOR AND ENACTED BY THE
LEGISLATURE  SHALL  CONTAIN  APPROPRIATIONS  FOR  THE  SUPPORT OF SCHOOL
DISTRICTS WHICH EQUAL OR EXCEED THE APPROPRIATIONS THEREFOR IN THE IMME-
DIATELY PRECEDING FISCAL YEAR.
  2. EACH FISCAL YEAR THE BUDGET SUBMITTED BY THE GOVERNOR  AND  ENACTED
BY  THE  LEGISLATURE SHALL CONTAIN, TO THE EXTENT PRACTICABLE, APPROPRI-
ATIONS FOR THE SUPPORT OF SCHOOL DISTRICTS WHICH PROVIDE  AN  ALLOCATION
OF STATE FUNDS TO EACH SCHOOL DISTRICT EQUAL TO ONE-HALF OF THE EXPENDI-
TURES OF SUCH DISTRICT DURING THE FISCAL YEAR.
  3.  IN  ANY FISCAL YEAR IN WHICH THE APPROPRIATIONS FOR THE SUPPORT OF
SCHOOL DISTRICTS IN THE BUDGET ENACTED BY THE  LEGISLATURE  ARE  GREATER
THAN  THOSE IN THE BUDGET FOR THE IMMEDIATELY PRECEDING FISCAL YEAR, THE
DIFFERENCE BETWEEN SUCH APPROPRIATIONS SHALL BE ALLOCATED TO THE  SCHOOL
DISTRICTS  OF  THE  STATE  FOR THE EXPENSES OF EMPLOYEE HEALTH INSURANCE
PREMIUMS, PUBLIC RETIREMENT SYSTEM CONTRIBUTIONS  AND  THE  EXPENSES  OF
PROVIDING  SPECIAL  EDUCATION.  NO  ADDITIONAL  ALLOCATION TO ANY SCHOOL
DISTRICT PURSUANT TO THIS SUBDIVISION SHALL AUTHORIZE THE  REDUCTION  OF
ANY  ALLOCATION  OTHERWISE  PROVIDED  AND  REQUIRED TO BE DISBURSED TO A
SCHOOL DISTRICT. NOR SHALL THE PROVISIONS OF THIS  SUBDIVISION,  PREVENT
ANY  SCHOOL  DISTRICT  FROM  ELECTING  TO  RECEIVE INCREASED ALLOCATIONS
PURSUANT TO THE PROVISIONS OF THE EDUCATION LAW.
  S 2. Subparagraph 2 of paragraph b of subdivision 4 of section 3602 of
the education law, as amended by section 13 of part A of chapter  57  of
the laws of 2009, is amended to read as follows:
  (2)  For  the  two thousand seven--two thousand eight school year, the
phase-in foundation percent shall equal one  hundred  seven  and  sixty-
eight  hundredths  percent  (1.0768),  the  phase-in foundation increase
factor shall equal twenty percent (0.20), and the  phase-in  due-minimum
percent shall equal twelve and fifty-five hundredths percent (0.1255);
  for  the two thousand eight--two thousand nine school year, the phase-
in foundation percent  shall  equal  one  hundred  five  and  twenty-six
hundredths  percent  (1.0526),  the  phase-in foundation increase factor
shall equal thirty-seven and one-half percent (0.375), and the  phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
  for  the two thousand nine--two thousand ten school year, the phase-in
foundation percent shall equal one hundred two and five  tenths  percent
(1.025), the phase-in foundation increase factor shall equal thirty-sev-
en  and  one-half  percent (0.375), and the phase-in due-minimum percent
shall equal twelve and fifty-five hundredths percent (0.1255)
  for the two thousand ten--two thousand eleven school year, the  phase-
in  foundation  percent  shall  equal  one hundred seven and sixty-eight
hundredths percent (1.0768), the  phase-in  foundation  increase  factor
shall equal [thirty-seven and one-half] FORTY-ONE AND SIX-TENTHS percent
[(0.375)]  (0.416),  and  the  phase-in  due-minimum percent shall equal
twelve and fifty-five hundredths percent (0.1255);
  for the two thousand eleven--two  thousand  twelve  school  year,  the
phase-in  foundation  percent  shall  equal  one  hundred  five  and six
hundredths percent (1.0506), the  phase-in  foundation  increase  factor
shall  equal fifty-three and one-tenth percent (0.531), and the phase-in

A. 5498                            23

due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255); and
  for  the  two  thousand twelve--two thousand thirteen school year, the
phase-in foundation  percent  shall  equal  one  hundred  two  and  five
hundredths  percent  (1.0250),  the  phase-in foundation increase factor
shall equal seventy-five percent (0.75), and  the  phase-in  due-minimum
percent shall equal twelve and fifty-five hundredths percent (0.1255).
  S 3. This act shall take effect immediately.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 4. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through W of this act shall be
as specifically set forth in the last section of such Parts.