Senate Bill S2808

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

    S. 2808--A                                            A. 4008--A

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

                            February 1, 2011
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12572-02-1

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  Act of 2001, in relation to school aid and extending the expiration of
  certain provisions of such chapters; to amend chapter 665 of the  laws
  of 1963, relating to the human resources school, in relation to chang-
  ing  such  name  to  the  Henry  Viscardi  school; to amend the public
  authorities law, in relation to approved non-profit  schools  for  the
  deaf  and  blind  or  other students with disabilities, in relation to
  school bus driver training; in  relation  to  the  support  of  public
  libraries;  to  provide  special apportionment for salary expenses; to
  provide special apportionment for public pension expenses; in relation
  to suballocation of certain education department accruals; in relation
  to purchases by the city  school  district  of  Rochester;  to  repeal
  section  23  of  chapter  169 of the laws of 1994, relating to certain
  provisions related to the 1994-95 state operations, aid to localities,
  capital projects and debt service budgets, in relation to  the  effec-
  tiveness  thereof;  to repeal certain provisions of the education law,
  in relation to instruction of the deaf and blind;  and  providing  for
  the  repeal of section 86 of this act on March 31, 2012 when upon such
  date the provisions of such section shall be deemed repealed (Part A);
  to amend the education law, in relation  to  expenses  for  textbooks,
  school  library  materials,  software  programs and computer equipment
  (Part A-1); to amend the education law,  in  relation  to  the  school
  district  management  efficiency  awards  program  and school district
  performance improvement awards grant (Part B); to repeal article 9  of
  the    arts  and  cultural  affairs law relating to the New York state
  theatre institute corporation and section 97-u of  state  finance  law
  relating to the New York state theatre institute corporation fund, and
  to  establish  procedures for the transfer and ownership of rights and
  real property currently held by the entity formerly referred to as the
  New York state theatre institute (Part C); to amend the education law,
  the public authorities law and the public buildings law,  in  relation
  to capital facilities in support of the state university and community
  colleges;  and  providing  for  the  repeal of certain provisions upon
  expiration thereof (Subpart A); to amend the  education  law  and  the
  state  finance law, in relation to procurement in support of the state
  and city universities; and providing for the repeal of such provisions
  upon expiration thereof (Subpart B); to amend the  education  law,  in
  relation to state university health care facilities; and providing for
  the repeal of such provisions upon expiration thereof (Subpart C); and
  to  enact certain reporting requirements; and providing for the repeal
  of such provisions upon expiration thereof (Subpart D)  (Part  D);  to
  amend  the  education  law,  in relation to tuition assistance program
  award determinations (Part E); to amend the education law, in relation
  to income as a determinate of tuition assistance awards (Part  F);  to
  amend  the  education law, in relation to restrictions  on eligibility
  to receive awards and loans; and to repeal certain provisions of  such
  law relating thereto (Part G); to amend the education law, in relation
  to  tuition assistance program awards (Part H); to amend the education
  law, in relation to good academic standing requirements (Part  I);  to
  amend  the  education  law,  in relation to tuition assistance program
  awards for graduate school students; and to repeal certain  provisions
  of such law relating thereto (Part J); to amend chapter 31 of the laws
  of  1985,  amending the education law relating to regents scholarships
  in certain professions, in relation to the physician loan  forgiveness
  program (Part K); to amend chapter 57 of the laws of 2005 amending the
  education  law  relating  to  the  New York state nursing faculty loan
  forgiveness incentive program and the New York state  nursing  faculty

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

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

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

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

                                 PART A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

S. 2808--A                         17                         A. 4008--A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THAN TWENTY YEARS; PROJECTS TO RENOVATE OR RECONSTRUCT SPACE LEASED  FOR
NON-SCHOOL  DISTRICT PURPOSES, EXCLUDING SPACE LEASED TO BOARDS OF COOP-
ERATIVE EDUCATIONAL SERVICES; AND  PROJECTS  TO  CORRECT  DESIGN  FLAWS,
ERRORS  OR OMISSIONS AND IMPROPER CONSTRUCTION SHALL NOT BE ELIGIBLE FOR
AN APPORTIONMENT OF BUILDING AID PURSUANT TO THIS CLAUSE.
  WITHIN EACH TIER CATEGORY, PROJECTS  SHALL  BE  RANKED  FIRST  BY  THE
DISTRICT'S  NEED  RESOURCE INDEX, THEN BY THE ADJUSTED AGE OF THE BUILD-
ING. PROJECTS  SHALL  BE  SELECTED  FOR  INCLUSION  IN  THE  COMPETITIVE
CONSTRUCTION  FUND  IN  RANK ORDER, FIRST FROM FIRST TIER PROJECTS, THEN
FROM SECOND TIER PROJECTS, THEN FROM  THIRD  TIER  PROJECTS,  THEN  FROM
FOURTH  TIER  PROJECTS,  THEN  FROM FIFTH TIER PROJECTS, THEN FROM SIXTH
TIER PROJECTS. SUCH DETERMINATION SHALL BE MADE PURSUANT TO  REGULATIONS
OF  THE  COMMISSIONER  ON  A  QUARTERLY BASIS, ON THE FIRST BUSINESS DAY
FOLLOWING FEBRUARY FIFTEENTH,  THE  FIRST  BUSINESS  DAY  FOLLOWING  MAY
FIFTEENTH,  THE  FIRST  BUSINESS  DAY FOLLOWING AUGUST FIFTEENTH AND THE
FIRST BUSINESS DAY FOLLOWING NOVEMBER FIFTEENTH. FOR ANY SCHOOL DISTRICT
NOT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE  THE  AGGREGATE
TOTAL  OF  THE  APPROVED  COST ALLOWANCES OF SELECTED PROJECTS SHALL NOT
EXCEED A MAXIMUM OF TEN PERCENT OF THE COMPETITIVE CONSTRUCTION CEILING.
FOR A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE  MILLION
OR  MORE THE AGGREGATE TOTAL OF THE APPROVED COST ALLOWANCES OF SELECTED
PROJECTS SHALL NOT EXCEED FIFTY PERCENT OF THE COMPETITIVE  CONSTRUCTION
CEILING, PROVIDED, HOWEVER, THAT IN THE EVENT THAT ANY SUCH CITY HAS NOT
MADE  APPLICATION  FOR AND BEEN AWARDED SUCH PROJECTS AS OF APRIL FIRST,
THE REMAINING AMOUNT WITHIN THE COMPETITIVE CONSTRUCTION  CEILING  SHALL
BE  MADE  AVAILABLE  FOR OTHER PROJECTS ELIGIBLE FOR FUNDING PURSUANT TO
THIS CLAUSE AND PROVIDED FURTHER IF SCHOOL  DISTRICTS  OTHER  THAN  SUCH
CITY  SCHOOL DISTRICT HAS NOT MADE APPLICATION FOR AND BEEN AWARDED SUCH
PROJECTS AS OF APRIL FIRST FROM THE REMAINING FIFTY PERCENT THE  REMAIN-
ING  AMOUNT  WITHIN  THE  COMPETITIVE CONSTRUCTION CEILING SHALL BE MADE
AVAILABLE FOR OTHER ELIGIBLE PROJECTS FOR SUCH CITY SCHOOL DISTRICT.
  (II) FOR THE TWO THOUSAND ELEVEN--TWO  THOUSAND  TWELVE  STATE  FISCAL
YEAR  AND  THEREAFTER,  THE  EMERGENCY  PROJECT  CEILING SHALL BE THIRTY
MILLION DOLLARS ($30,000,000).  PROJECT  ELIGIBILITY  PURSUANT  TO  THIS
CLAUSE SHALL BE CONSTRUCTION EMERGENCY PROJECTS THAT ARE REVIEWED BY THE
STATE EDUCATION DEPARTMENT AT THE REQUEST OF THE SCHOOL DISTRICT AND ARE
DETERMINED TO BE NECESSARY TO REMEDIATE EMERGENCY SITUATIONS WHICH ARISE
IN  PUBLIC  SCHOOL  BUILDINGS  AND  THREATEN THE HEALTH AND/OR SAFETY OF
BUILDING OCCUPANTS, AS A RESULT OF THE UNANTICIPATED DISCOVERY OF ASBES-
TOS OR OTHER HAZARDOUS SUBSTANCES DURING CONSTRUCTION WORK ON  A  SCHOOL
OR SIGNIFICANT DAMAGE CAUSED BY A FIRE, SNOW STORM, ICE STORM, EXCESSIVE
RAIN,  HIGH  WIND,  FLOOD OR SIMILAR CATASTROPHIC EVENT WHICH RESULTS IN
THE NECESSITY FOR IMMEDIATE REPAIR,  AND  THE  AGGREGATE  TOTAL  OF  THE
APPROVED COST ALLOWANCES OF SELECTED PROJECTS SHALL NOT EXCEED THE EMER-
GENCY  PROJECT  CEILING. IF ANY PORTION OF THE EMERGENCY PROJECT CEILING
REMAINS UNALLOCATED AS OF APRIL FIRST, SUCH UNALLOCATED PORTION SHALL BE
MADE AVAILABLE FOR COMPETITIVE CONSTRUCTION PROJECTS ELIGIBLE FOR  FUND-
ING  PURSUANT  TO  CLAUSE  (A) OF THIS SUBPARAGRAPH. IF, UPON SUBSEQUENT
REVIEW OF THE PROJECT, IT IS  DEEMED  NOT  TO  HAVE  BEEN  AN  EMERGENCY
PROJECT,  THE DISTRICT SHALL HAVE ITS APPORTIONMENTS PAYABLE PURSUANT TO
THIS SECTION REDUCED BY THE AMOUNT OF ANY APPORTIONMENTS PREVIOUSLY PAID
PURSUANT TO THIS CLAUSE FOR SUCH PROJECT,  AND  SUCH  PROJECT  SHALL  BE
ELIGIBLE FOR SELECTION PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH.
  b.  (1) The apportionment for school building purposes to any district
shall be determined by adding the amount of its  current  year  approved
expenditures  for lease or other annual payments under the provisions of

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

section four hundred three-b, subdivision eight of  section  twenty-five
hundred  three, or subdivision six of section twenty-five hundred fifty-
four of this chapter, other than payments under a lease-purchase  agree-
ment  or  an  equivalent  agreement, plus the amount of its current year
approved expenditures under an assumed amortization for capital  outlays
for school building purposes from its general fund, capital fund or from
a  reserve  fund to the amount of its current year approved expenditures
for debt service for such purposes and multiplying the sum  by  its  aid
ratio.  Expenditures  made  for  computer  equipment, including original
purchase and installation of hardware, conduit, wiring, and powering  of
hardware  installations  in  computer  classrooms,  or  for  building or
campuswide local area network systems and in-building elements of  other
wide  area networks, including the original purchase and installation of
conduit, wiring, and powering of hardware installations, may be included
in approved expenditures for building aid pursuant to this paragraph  on
the approval of the commissioner regardless of any minimum cost require-
ment that may be applied to other approved expenditures pursuant to this
section.  Such equipment expenses claimed for aid under this subdivision
shall not be claimed for aid under any other provisions of this chapter.
  (2) Additional apportionment for  certain  school  building  projects.
(i) Eligibility. All school building projects (a) approved by the voters
of  the  school  district or (b) approved by the board of education of a
city school district in a city with more than  one  hundred  twenty-five
thousand inhabitants, and/or the chancellor in a city school district in
a  city having a population of one million or more or (c) in the case of
a construction emergency project, approved by the board of education  of
any  school district or by the chancellor in a city school district in a
city having a population of one million or more, for  projects  approved
on or after July first, nineteen hundred ninety-eight, shall be eligible
for  an  additional  apportionment  pursuant to this subparagraph to the
extent that expenditures for such projects are otherwise aidable  pursu-
ant  to  this subdivision, provided that where such projects are leases,
such projects would only be aidable pursuant to this subdivision follow-
ing the approval of the voters of the school district  if  entered  into
pursuant  to  section  four  hundred  three-b  of the education law, and
provided that for all such projects so approved on or after July  first,
two  thousand, expenditures directly related to swimming pools shall not
be eligible for such additional apportionment, and further provided that
for the purposes of this subdivision a  construction  emergency  project
shall  mean  a  school  construction  project  approved on or after July
first, two thousand, to remediate emergency situations  which  arise  in
public  school buildings and threaten the health and/or safety of build-
ing occupants, as a result of the unanticipated discovery of asbestos or
other hazardous substances during  construction  work  on  a  school  or
significant  damage  caused  by a fire, snow storm, ice storm, excessive
rain, high wind, flood or similar catastrophic event  which  results  in
the necessity for immediate repair.
  (ii)  Apportionment.  The  apportionment pursuant to this subparagraph
shall equal the product of such eligible approved expenses determined in
accordance with the provisions of clause (i) of  this  subparagraph  and
this  section  and the incentive decimal computed for use in the year in
which the project was approved. The incentive decimal  shall  equal  the
positive  remainder  resulting  when  the  district's building aid ratio
selected pursuant to paragraph c of this subdivision is subtracted  from
the  enhanced  building aid ratio. The enhanced building aid ratio shall
equal the sum of the building aid ratio selected for use in the  current

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

year pursuant to paragraph c of this subdivision and one-tenth, computed
to  three  decimals without rounding, but not more than (a) ninety-eight
hundredths for a high need school district, as defined pursuant to regu-
lations  of  the commissioner, for all school building projects approved
by the voters of the school district or by the board of education  of  a
city  school  district  in a city with more than one hundred twenty-five
thousand inhabitants, and/or the chancellor in a city school district in
a city having a population of one million or  more,  on  or  after  July
first,  two  thousand  five, or (b) ninety-five hundredths for any other
school building project or school district, nor less than one-tenth.
  c. (1) For aid payable in the school  year  nineteen  hundred  ninety-
three--ninety-four  and  earlier,  any  school  district may compute aid
under the provisions of this subdivision, or  under  FORMER  subdivision
six  of  section  thirty-six  hundred  one-a  of this article, using the
building aid ratio computed for use in the current year or the aid ratio
computed for use in any year commencing with the nineteen hundred eight-
y-one--eighty-two school year as computed by the commissioner  based  on
data  on  file  with the education department as of July first, nineteen
hundred ninety-six, and; provided that, school districts who are  eligi-
ble  for  aid  under paragraph f of subdivision fourteen of this section
may compute aid under the provisions of this subdivision using  the  aid
ratio so computed for the reorganized district or the highest of the aid
ratios  so  computed  for  any  of the individual school districts which
existed prior to the date of the reorganized school district.
  (2) (a) For aid payable in the school years nineteen  hundred  ninety-
four--ninety-five  and  thereafter  for  all  school  building  projects
approved by the voters of the school district or by the board of  educa-
tion  of  a  city  school  district in a city with more than one hundred
twenty-five thousand inhabitants, and/or the chancellor in a city school
district in a city having a population of one million  or  more,  before
July  first, two thousand, any school district may compute aid under the
provisions of this subdivision using the building aid ratio computed for
use in the current year or the aid ratio computed for use  in  any  year
commencing  with the nineteen hundred eighty-one--eighty-two school year
as such earlier aid ratios are computed by  the  commissioner  based  on
data  on  file  with the education department on or before July first of
the third school year following the school year in which  aid  is  first
payable;  provided that, school districts who are eligible for aid under
paragraph f of subdivision fourteen of  this  section  may  compute  aid
under the provisions of this subdivision using the aid ratio so computed
for  the  reorganized  district  or  the  highest  of  the aid ratios so
computed for any of the individual school districts which existed  prior
to the date of the reorganized school district.
  (b) For aid payable in the school years two thousand--two thousand one
and  thereafter  for all school building projects approved by the voters
of the school district or by the board of education  of  a  city  school
district  in  a  city  with  more  than one hundred twenty-five thousand
inhabitants, and/or the chancellor in a city school district in  a  city
having  a population of one million or more, on or after July first, two
thousand AND BEFORE FEBRUARY FIRST,  TWO  THOUSAND  ELEVEN,  any  school
district  shall  compute  aid  under  the provisions of this subdivision
using the sum of the high-need supplemental building aid ratio, if  any,
computed  pursuant to clause (c) of this subparagraph and the greater of
(i) the building aid ratio computed for use in the current year; or (ii)
a building aid ratio equal to the difference of the aid ratio  that  was
used  or  that would have been used to compute an apportionment pursuant

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

to this subdivision in the nineteen  hundred  ninety-nine--two  thousand
school  year  as such aid ratio is computed by the commissioner based on
data on file with the department on or before July first  of  the  third
school  year  following  the  school year in which aid is first payable,
less one-tenth; or (iii) for all such school building projects  approved
by  the  voters of the school district or by the board of education of a
city school district in a city with more than  one  hundred  twenty-five
thousand inhabitants, and/or the chancellor in a city school district in
a  city  having  a  population  of one million or more, on or after July
first, two thousand and on or before June thirtieth, two thousand  four,
for any school district for which the pupil wealth ratio is greater than
two  and  five-tenths  in  the school year in which such school building
project was approved by the voters of the  school  district  or  by  the
board  of  education  of a city school district in a city with more than
one hundred twenty-five thousand inhabitants, and/or the chancellor in a
city school district in a city having a population  of  one  million  or
more  and for which the alternate pupil wealth ratio is less than eight-
y-five hundredths in such school year, and for all such school  building
projects  approved  by the voters of the school district or by the board
of education of a city school district in a  city  with  more  than  one
hundred  twenty-five  thousand  inhabitants,  and/or the chancellor in a
city school district in a city having a population  of  one  million  or
more,  on  or  after July first, two thousand five and on or before June
thirtieth, two thousand eight, for any school  district  for  which  the
pupil wealth ratio was greater than two and five-tenths in the two thou-
sand--two  thousand  one  school  year and for which the alternate pupil
wealth ratio was less than eighty-five hundredths in the two  thousand--
two  thousand  one  school  year,  the  additional  building  aid ratio;
provided that, school districts who are eligible for aid under paragraph
f of subdivision fourteen of this section  may  compute  aid  under  the
provisions  of  this  subdivision using the difference of the highest of
the aid ratios so computed for the reorganized district or  the  highest
of the aid ratios so computed for any of the individual school districts
which  existed prior to the date of the reorganized school district less
one-tenth.
  (c) For aid payable in the school years two thousand  five--two  thou-
sand six and thereafter for all school building projects approved by the
voters  of  the  school  district or by the board of education of a city
school district in a city with more than one hundred  twenty-five  thou-
sand  inhabitants,  and/or the chancellor in A city school district in a
city having a population of one million or more, on or after July first,
two thousand five, high need school districts, as  defined  pursuant  to
regulations of the commissioner, may compute aid under the provisions of
this  subdivision  using  the high-need supplemental building aid ratio,
which shall be the lesser of (A) the product, computed to three decimals
without rounding, of the greater of the  building  aid  ratios  computed
pursuant  to subclauses i, ii and iii of clause (b) of this subparagraph
multiplied by five percent, or (B) the  positive  remainder  of  ninety-
eight  one-hundredths  less  the  greater  of  the  building  aid ratios
computed pursuant to subclauses i, ii and iii  of  clause  (b)  of  this
subparagraph.
  (D) FOR AID PAYABLE IN THE SCHOOL YEARS TWO THOUSAND ELEVEN--TWO THOU-
SAND  TWELVE AND THEREAFTER FOR ALL SCHOOL BUILDING PROJECTS APPROVED BY
THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY
SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED  TWENTY-FIVE  THOU-
SAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A

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

CITY HAVING A POPULATION OF ONE MILLION OR MORE, ON  OR  AFTER  FEBRUARY
FIRST,  TWO THOUSAND ELEVEN, ANY SCHOOL DISTRICT SHALL COMPUTE AID UNDER
THE PROVISIONS OF THIS  SUBDIVISION  USING  THE  SUM  OF  THE  HIGH-NEED
SUPPLEMENTAL BUILDING AID RATIO, IF ANY, COMPUTED PURSUANT TO CLAUSE (C)
OF  THIS SUBPARAGRAPH AND THE BUILDING AID RATIO COMPUTED FOR USE IN THE
CURRENT YEAR.
  S 29. Clause (c) of subparagraph 1 of paragraph e of subdivision 6  of
section  3602  of the education law, as amended by section 3 of part A-3
of chapter 58 of the laws of 2006, is amended to read as follows:
  (c) By the first day of September of the current year the  comptroller
of  the  city of New York shall provide to the commissioner an analysis,
as prescribed by the commissioner, of the actual average  interest  rate
applied to all capital debt incurred by the city of New York AND THE NEW
YORK CITY TRANSITIONAL FINANCE AUTHORITY for school purposes [(or by the
New  York city transitional finance authority for school purposes, if no
such capital debt is incurred by the city of New York)] during the  base
year  and  of the estimated average interest rate applied to all capital
debt to be incurred by the city of New York AND THE NEW YORK CITY  TRAN-
SITIONAL FINANCE AUTHORITY for school purposes [(or by the New York city
transitional  finance  authority for school purposes, if no such capital
debt is incurred by the city of New York)] during the current year. Upon
approval by the commissioner such actual average interest rate shall  be
established  as  the  interest  rate applicable to the base year for the
purposes of this subparagraph and subparagraph two  of  this  paragraph,
and  such  estimated  average  interest rate shall be tentatively estab-
lished as the interest rate applicable to the current year, except  that
all  apportionments of aid payable during the current year based on such
estimated average interest rate shall be recalculated in  the  following
year and adjusted as appropriate based on the appropriate actual average
interest rate then established by the commissioner.
  S  30. Clause (d) of subparagraph 5 of paragraph e of subdivision 6 of
section 3602 of the education law, as added by section 55-a of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
  (d) Notwithstanding any other law, rule or regulation to the contrary,
any interest rate calculated under  this  subdivision  shall  take  into
account  any federal subsidy payments made or to be made to the applica-
ble [issuer] SCHOOL DISTRICT OR  AN  ISSUER  ON  BEHALF  OF  THE  SCHOOL
DISTRICT under the terms of a federally authorized debt instrument which
have  the effect of reducing the actual interest costs incurred by [such
issuer] THE SCHOOL DISTRICT  OR  AN  ISSUER  ON  BEHALF  OF  THE  SCHOOL
DISTRICT over the life of such capital debt, irrespective of any federal
government right of set-off.
  S  31.  Paragraph  e of subdivision 6 of section 3602 of the education
law is amended by adding a new subparagraph 8 to read as follows:
  (8) NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW  TO  THE  CONTRARY,
WHERE,  DURING  THE PERIOD OF ASSUMED AMORTIZATION RELATING TO A PROJECT
FOR THE CONSTRUCTION,  ACQUISITION,  RECONSTRUCTION,  REHABILITATION  OR
IMPROVEMENT  OF A SCHOOL BUILDING, THE SCHOOL BUILDING IS SOLD OR OWNER-
SHIP IS OTHERWISE  TRANSFERRED  TO  AN  ENTITY  OTHER  THAN  THE  SCHOOL
DISTRICT  OR  CITY  AND  SUCH TRANSFER RESULTS IN THE BUILDING NO LONGER
BEING OPERATED BY THE SCHOOL DISTRICT AS A PUBLIC ELEMENTARY OR  SECOND-
ARY  SCHOOL  THAT  IS NOT INDEPENDENT OR AUTONOMOUS, THE DISTRICT SHALL,
WITHIN SIXTY DAYS OF THE TRANSFER OF OWNERSHIP, NOTIFY THE  COMMISSIONER
OF  SUCH SALE OR TRANSFER, AND SHALL PROVIDE SUCH ADDITIONAL INFORMATION
ABOUT THE SALE OR TRANSFER AS THE COMMISSIONER MAY REQUIRE,  IN  A  FORM
PRESCRIBED  BY  THE  COMMISSIONER, AND THE COMMISSIONER SHALL RE-COMPUTE

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

THE BUILDING AID, IF ANY, PAYABLE FOR  SUCH  PROJECT  PURSUANT  TO  THIS
SUBPARAGRAPH,  EXCEPT  TO  THE EXTENT SUCH RE-COMPUTATION WOULD CONFLICT
WITH THE PROVISIONS OF SECTION TWENTY-SEVEN  HUNDRED  NINETY-NINE-TT  OF
THE  PUBLIC  AUTHORITIES LAW. THE COMMISSIONER SHALL DEDUCT THE REVENUES
RECEIVED BY THE SCHOOL DISTRICT OR CITY AS A  RESULT  OF  SUCH  SALE  OR
TRANSFER  FROM  THE  APPROVED  TOTAL  PROJECT  COST  AND,  BASED ON SUCH
ADJUSTED PROJECT COST, ESTABLISH A  NEW  ASSUMED  AMORTIZATION  FOR  THE
REMAINING  USEFUL LIFE OF THE PROJECT UNDER THE APPLICABLE PROVISIONS OF
THIS PARAGRAPH.
  S 32. Clause (ii) of subparagraph 5 of paragraph i of subdivision 6 of
section 3602 of the education law, as amended by section 1 of part F  of
chapter 383 of the laws of 2001, is amended to read as follows:
  (ii)  notwithstanding  any  inconsistent provisions of this paragraph,
for aid payable in the two thousand two--two thousand three school  year
and  thereafter,  approved  expenditures  for  debt  service  for energy
performance contracts shall  be  based  on  assumed  amortization  where
required  by paragraph e of this subdivision, AND PROVIDED FURTHER, THAT
APPROVED EXPENDITURES FOR DEBT SERVICE FOR ENERGY PERFORMANCE  CONTRACTS
FOR  PROJECTS  APPROVED  BY  THE VOTERS OF THE SCHOOL DISTRICT OR BY THE
BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY  WITH  MORE  THAN
ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A
CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN SHALL NOT BE  ELIGIBLE
FOR  AN  ADDITIONAL  APPORTIONMENT  COMPUTED  PURSUANT TO CLAUSE (II) OF
SUBPARAGRAPH TWO OF PARAGRAPH B OF THIS SUBDIVISION.
  S 33. Subparagraph 1 of paragraph b of subdivision 7 of  section  3602
of  the  education law, as amended by section 17 of part B of chapter 57
of the laws of 2007, is amended and a new subparagraph  3  is  added  to
read as follows:
  (1)  For  the  purposes of this apportionment, approved transportation
operating expense shall be the actual expenditure incurred by  a  school
district  and approved by the commissioner, LESS ANY DEDUCTIONS REQUIRED
BY SUBPARAGRAPH THREE OF THIS PARAGRAPH: (i) for those items  of  trans-
portation  operating  expense allowable under subdivision one of section
thirty-six hundred twenty-three-a of this article  for  regular  aidable
transportation  of  pupils as such terms are defined in sections thirty-
six hundred twenty-one and thirty-six hundred twenty-two-a of this arti-
cle, and (ii) for those items of transportation operating expense allow-
able under subdivision one of section thirty-six hundred  twenty-three-a
of  this  article for the transportation required or authorized pursuant
to article eighty-nine of this chapter, and (iii) for providing monitors
on school buses for students with disabilities, and (iv) for transporta-
tion operating expenses allowable under section thirty-six hundred twen-
ty-three-a of this article for the transportation of  homeless  children
authorized  by  paragraph  c  of  subdivision four of section thirty-two
hundred nine of this chapter, provided that the total approved  cost  of
such transportation shall not exceed the amount of the total cost of the
most cost-effective mode of transportation.
  (3)  (I) COMMENCING WITH AID PAYABLE IN THE TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN SCHOOL YEAR, TO RECEIVE AID ON ITS TOTAL ACTUAL TRANS-
PORTATION OPERATING EXPENSE APPROVED BY THE COMMISSIONER  FOR  THE  BASE
YEAR,  A  SCHOOL  DISTRICT  SHALL DEMONSTRATE TO THE SATISFACTION OF THE
COMMISSIONER THAT IT: (I) HAS IMPLEMENTED A MAJORITY OF THE  COST-EFFEC-
TIVE  TRANSPORTATION  MANAGEMENT  BEST PRACTICES PRESCRIBED IN THE REGU-
LATIONS OF THE COMMISSIONER THAT ARE APPLICABLE TO THE DISTRICT, OR (II)

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

HAS ENTERED INTO A COST-EFFECTIVE SHARED TRANSPORTATION ARRANGEMENT WITH
ANOTHER LOCAL GOVERNMENT ENTITY.
  (II)  FOR PURPOSES OF THIS SUBPARAGRAPH, COST-EFFECTIVE TRANSPORTATION
MANAGEMENT BEST PRACTICES SHALL INCLUDE, BUT NEED NOT BE LIMITED TO:
  (A) MAINTENANCE OF A REASONABLE UTILIZATION RATIO FOR BUSES;
  (B) USE OF MULTIPLE YEAR CONTRACTS FOR PRIVATE VENDOR CONTRACTS;
  (C) NO BUS PURCHASES MADE AT HIGHER THAN STATE CONTRACT PRICE  IN  THE
BASE YEAR;
  (D) EARLY ADVERTISEMENT FOR NEW CONTRACTS;
  (E) USE OF BUS ROUTING SOFTWARE WHERE POSSIBLE; AND/OR
  (F) USE OF A STATEWIDE WEBSITE TO ADVERTISE FOR BIDS.
  (III)  A SCHOOL DISTRICT THAT FAILS TO MEET THE REQUIREMENTS OF CLAUSE
(I) OF THIS SUBPARAGRAPH SHALL  HAVE  ITS  TOTAL  ACTUAL  TRANSPORTATION
OPERATING  EXPENSE  AS OTHERWISE APPROVED BY THE COMMISSIONER REDUCED AS
FOLLOWS:
  (A) FOR AID PAYABLE IN THE TWO THOUSAND THIRTEEN--TWO  THOUSAND  FOUR-
TEEN SCHOOL YEAR, BY TWO AND ONE HALF PERCENT;
  (B) FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN
SCHOOL YEAR, BY FIVE PERCENT;
  (C)  FOR AID PAYABLE IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
SCHOOL YEAR, BY SEVEN AND ONE-HALF PERCENT;
  (D) FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO  THOUSAND  SEVEN-
TEEN SCHOOL YEAR, BY TEN PERCENT.
  S  34.  Paragraph  c of subdivision 7 of section 3602 of the education
law, as amended by section 1 of part A-4 of chapter 58 of  the  laws  of
2006, is amended to read as follows:
  c.  (1)  For  the purposes of computing this apportionment for the two
thousand five--two thousand six school  year  and  thereafter,  approved
transportation  capital,  debt  service,  and lease expense shall be the
amount computed based upon an assumed amortization  determined  pursuant
to  paragraph  e  of  this  subdivision for an expenditure incurred by a
school district and approved by the  commissioner  for  those  items  of
transportation  capital,  debt service and lease expense allowable under
subdivision two of section thirty-six  hundred  twenty-three-a  of  this
article  for:  (i) the regular aidable transportation of pupils, as such
terms are defined in sections thirty-six hundred twenty-one and  thirty-
six  hundred  twenty-two-a  of  this article, (ii) the transportation of
children with disabilities pursuant to article eighty-nine of this chap-
ter, and (iii) the transportation of homeless children pursuant to para-
graph c of subdivision four of section thirty-two hundred nine  of  this
chapter,  provided  that  the total approved cost of such transportation
shall not exceed the amount of the total cost of the most cost-effective
mode of transportation.
  (2) Approvable expenses for the purchase  of  school  buses  shall  be
limited  to the actual purchase price, or the expense as if the bus were
purchased under state contract, whichever is less. If  the  commissioner
determines  that no comparable bus was available under state contract at
the time of purchase,  the  approvable  expenses  shall  be  the  actual
purchase  price  or  the state wide median price of such bus in the most
recent base year in which such median  price  was  established  with  an
allowable  year  to year CPI increase as defined in subdivision fourteen
of section three hundred five of this chapter; whichever is  less.  Such
median  shall  be  computed by the commissioner for the purposes of this
subdivision.
  (3) FOR A SCHOOL BUS WITH A SEATING CAPACITY OF TEN  OR  MORE  PASSEN-
GERS, INCLUDING THE DRIVER, WHICH IS PURCHASED ON OR AFTER THE EFFECTIVE

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

DATE  OF  THIS SUBPARAGRAPH AS A REPLACEMENT FOR AN EXISTING SCHOOL BUS,
THE EXPENSE OF SUCH PURCHASE SHALL NOT BE AN ALLOWABLE COST  UNLESS  THE
SCHOOL BUS BEING REPLACED IS AT LEAST TEN YEARS OLD AND HAS A MILEAGE IN
EXCESS  OF  ONE HUNDRED TWENTY THOUSAND MILES, OR A WAIVER IS GRANTED BY
THE COMMISSIONER PURSUANT TO THIS PARAGRAPH. FOR A  SCHOOL  BUS  WITH  A
SEATING  CAPACITY  OF  LESS  THAN  TEN PASSENGERS, INCLUDING THE DRIVER,
WHICH IS PURCHASED ON OR AFTER THE EFFECTIVE DATE OF  THIS  SUBPARAGRAPH
AS  A  REPLACEMENT  FOR  AN  EXISTING  SCHOOL  BUS,  THE EXPENSE OF SUCH
PURCHASE SHALL NOT BE AN ALLOWABLE COST  UNLESS  THE  SCHOOL  BUS  BEING
REPLACED IS AT LEAST SIX YEARS OLD AND HAS A MILEAGE IN EXCESS OF SEVEN-
TY-FIVE  THOUSAND  MILES,  OR  A  WAIVER  IS GRANTED BY THE COMMISSIONER
PURSUANT TO THIS SUBPARAGRAPH. THE COMMISSIONER MAY  GRANT  SUCH  WAIVER
WHERE  THE  SCHOOL  DISTRICT  DEMONSTRATES  TO  THE  SATISFACTION OF THE
COMMISSIONER THAT THE CONTINUED OPERATION OF THE VEHICLE WOULD BE UNSAFE
AS A RESULT OF DAMAGE TO THE VEHICLE FROM AN ACCIDENT OR  OTHERWISE,  OR
OF MECHANICAL FAILURE, THAT CANNOT BE REMEDIED BY REPAIRS WITHOUT EXCES-
SIVE COST TO THE SCHOOL DISTRICTS.
  S 35. Subdivision 12 of section 3602 of the education law, as added by
section  19  of  part  B  of chapter 57 of the laws of 2008, the closing
paragraph as added by section 18 of part A of chapter 57 of the laws  of
2009, is amended to read as follows:
  12. Academic enhancement aid. A school district that as of April first
of  the base year has been continuously identified as a district in need
of improvement for at least five  years  shall,  for  the  two  thousand
eight--two  thousand  nine  school  year,  be  entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the  total  foundation  aid
base,  as  defined  by  paragraph  j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to  subdivision
four of this section and the supplemental educational improvement grants
apportioned  pursuant to subdivision eight of section thirty-six hundred
forty-one of this [act] ARTICLE, less  (ii)  the  total  foundation  aid
base.
  For the two thousand nine--two thousand ten [and] THROUGH two thousand
[ten]  TWELVE--two  thousand [eleven] THIRTEEN school years, each school
district shall be entitled to an apportionment equal to the  amount  set
forth  for such school district as "EDUCATION GRANTS, ACADEMIC EN" under
the heading "2008-09 BASE YEAR AIDS" in the school aid computer  listing
produced  by the commissioner in support of the budget for the two thou-
sand nine--two thousand ten school year and entitled "SA0910", and  such
apportionment shall be deemed to satisfy the state obligation to provide
an  apportionment  pursuant  to  subdivision eight of section thirty-six
hundred forty-one of this article.
  S 36. The opening paragraph of subdivision 16 of section 3602  of  the
education  law,  as amended by section 19 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
  Each school district shall be eligible  to  receive  a  high  tax  aid
apportionment  in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax  aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax  aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two  thousand
seven--two  thousand  eight  school  year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil  wealth
ratio  computed  pursuant  to  paragraph  b of subdivision three of this

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

section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be  eligible
to  receive  a  high tax aid apportionment in the two thousand nine--two
thousand  ten  [and]  THROUGH  two  thousand  [ten] TWELVE--two thousand
[eleven] THIRTEEN school years in the amount set forth for  such  school
district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
the  school aid computer listing produced by the commissioner in support
of the budget for the two thousand nine--two thousand  ten  school  year
and entitled "SA0910".
  S  37.  Section  3602  of the education law is amended by adding a new
subdivision 17 to read as follows:
  17. GAP ELIMINATION ADJUSTMENT.  COMMENCING WITH AID  PAYABLE  IN  THE
TWO  THOUSAND  TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR, THE AGGREGATE
APPORTIONMENTS DUE ANY SCHOOL DISTRICT AND PAYABLE  FROM  APPROPRIATIONS
MADE  IN  SUPPORT OF GENERAL SUPPORT FOR PUBLIC SCHOOLS SHALL BE REDUCED
BY THE GAP ELIMINATION ADJUSTMENT, AND SUCH REDUCTION SHALL BE  INCLUDED
IN THE COMPUTATION OF "MONEYS APPORTIONED" PURSUANT TO THE OPENING PARA-
GRAPH  OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART. THE GAP ELIMI-
NATION ADJUSTMENT FOR ANY DISTRICT SHALL EQUAL THE PRODUCT  OF  THE  GAP
ELIMINATION  ADJUSTMENT  PERCENTAGE  FOR  SUCH  DISTRICT  AND THE EXCESS
GROWTH AMOUNT, AS COMPUTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  S 38. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 21 of part A of chapter 57  of  the
laws of 2009, is amended to read as follows:
  Notwithstanding  any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the  grant  to
each eligible school district for universal prekindergarten aid shall be
computed  pursuant  to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to  the
amount  computed for such school district for the base year in the elec-
tronic data file produced by the commissioner  in  support  of  the  two
thousand  nine--two  thousand ten education, labor and family assistance
budget, provided, however, that in the case of a  district  implementing
programs  for  the  first time or implementing expansion programs in the
two thousand eight--two thousand nine school year  where  such  programs
operate  for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, FOR  THE  TWO
THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
EN  SCHOOL  YEARS,  such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a  of  subdivi-
sion  nine  of this section in the two thousand eight--two thousand nine
school year, AND FOR THE TWO THOUSAND ELEVEN--TWO  THOUSAND  TWELVE  AND
TWO  THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL YEARS EACH SCHOOL
DISTRICT SHALL BE ELIGIBLE FOR A MAXIMUM GRANT EQUAL TO THE  AMOUNT  SET
FORTH  FOR SUCH SCHOOL DISTRICT AS "UNIVERSAL PREKINDERGARTEN" UNDER THE
HEADING "2011-12 ESTIMATED AIDS" IN  THE  SCHOOL  AID  COMPUTER  LISTING
PRODUCED  BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
FOR THE 2011-12 SCHOOL YEAR AND ENTITLED "BT111-2", and provided further
that the maximum grant shall not exceed the total actual grant  expendi-
tures  incurred  by  the  school  district in the current school year as
approved by the commissioner.
  S 39. Paragraphs a and b of subdivision  5  of  section  3604  of  the
education law, paragraph a as amended by chapter 161 of the laws of 2005
and paragraph b as amended by section 59 of part A of chapter 436 of the
laws of 1997, are amended to read as follows:

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

  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-
ing school year and the positive remainder of the district's  unreserved
fund  balance at the close of the preceding school year less the product
of the district's total general  fund  expenditures  for  the  preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments.  The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to  be  recovered
or  one-third  of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year.  Provided  further
that,  notwithstanding  any  other  provisions  of this subdivision, any
pending payment of moneys due to such district as a prior  year  adjust-
ment  payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess  of
the  amount  to which the district is entitled and for which recovery of
excess payments is to be made  pursuant  to  this  paragraph,  shall  be
reduced  at  the  time  of  actual  payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled  deductions
of  such  excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered.  [The  commissioner
shall certify no payment to a school district based on a claim submitted
later  than three years after the close of the school year in which such
payment was first to be made.  For claims for which payment is first  to
be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based  on
a  claim  submitted  later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight] PRIOR TO THE TWO  THOUSAND  TEN--TWO
THOUSAND  ELEVEN  school  year  [and thereafter], the commissioner shall
certify no payment to a school district based on a claim submitted later
than one year after the close of such school year.  FOR CLAIMS FOR WHICH
PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN
SCHOOL YEAR, THE COMMISSIONER SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL
DISTRICT  IN  EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA

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

FILE USED TO PRODUCE THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY  THE
COMMISSIONER  IN  SUPPORT  OF  THE  EXECUTIVE BUDGET REQUEST FOR THE TWO
THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND ENTITLED "BT111-2".
FOR  CLAIMS  FOR  WHICH  PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER
SHALL CERTIFY NO PAYMENT TO  A  SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS
PURSUANT  TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE  PAYMENT  COMPUTED
BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST, AND SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT  BASED  ON  A
CLAIM  SUBMITTED  LATER THAN THE DATE UPON WHICH AN ELECTRONIC DATA FILE
WAS CREATED FOR THE PURPOSES OF COMPUTING THE JUNE  AMOUNT  PURSUANT  TO
SUBPARAGRAPH TWO OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED  NINE-A  OF  THIS  PART. Provided, however, no payments shall be
barred or reduced where such payment is required as a result of a  final
audit  of the state. [It is further provided that, until June thirtieth,
nineteen hundred ninety-six, the commissioner may grant  a  waiver  from
the  provisions  of this section for any school district if it is in the
best educational interests of the district pursuant to guidelines devel-
oped by the commissioner and approved by the director of the budget.]
  b. Claims resulting from court orders or judgments. [Any]  FOR  CLAIMS
FOR WHICH PAYMENT IS FIRST TO BE MADE PRIOR TO THE TWO THOUSAND TEN--TWO
THOUSAND  ELEVEN  SCHOOL  YEAR,  ANY  payment  which would be due as the
result of a court order or judgment shall not be barred, provided  that,
commencing  January first, nineteen hundred ninety-six, such court order
or judgment and any other data required shall be filed  with  the  comp-
troller  within  one  year from the date of the court order or judgment,
and provided further that the commissioner shall certify no payment to a
school district for a specific school year that is based on a claim that
results from a court order or judgement so filed  with  the  comptroller
unless the total value of such claim, as determined by the commissioner,
is greater than one percent of the school district's total revenues from
state sources as previously recorded in the general fund and reported to
the  comptroller  in  the annual financial report of the school district
for such school year.
  S 40. The opening paragraph of section 3609-a of the education law, as
amended by section 22 of part A of chapter 57 of the laws  of  2009,  is
amended to read as follows:
  For  aid  payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH THE TWO THOUSAND TEN--TWO THOUSAND  ELEVEN
SCHOOL  YEAR,  "moneys apportioned" shall mean the lesser of (i) the sum
of one hundred percent of the  respective  amount  set  forth  for  each
school  district  as  payable pursuant to this section in the school aid
computer listing for the current year produced by  the  commissioner  in
support  of  the budget which includes the appropriation for the general
support for public schools for the prescribed payments  and  individual-
ized  payments  due  prior  to April first for the current year plus the
apportionment payable during the current school year pursuant to  subdi-
vision  six-a  and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions  to  current  year  aids  pursuant  to
subdivision seven of section thirty-six hundred four of this part or any
deduction  from  apportionment  payable  pursuant  to  this  chapter for
collection of a school district basic contribution as defined in  subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants  provided pursuant to subparagraph two-a of paragraph b of subdi-

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

vision four of section ninety-two-c of the state finance law,  less  any
grants  provided  pursuant  to  subdivision twelve of section thirty-six
hundred forty-one of this article, or (ii) the apportionment  calculated
by  the  commissioner  based  on data on file at the time the payment is
processed; provided however, that for the purposes of any payments  made
pursuant  to this section prior to the first business day of June of the
current year, moneys apportioned shall  not  include  any  aids  payable
pursuant  to  subdivisions  six  and fourteen, if applicable, of section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or any aids payable for  full-day  kindergarten  for  the  current  year
pursuant  to  subdivision nine of section thirty-six hundred two of this
part. The definitions of "base year" and "current year" as set forth  in
subdivision  one  of  section  thirty-six hundred two of this part shall
apply to this section. For aid payable in  the  two  thousand  nine--two
thousand ten school year, reference to such "school aid computer listing
for  the  current  year" shall mean the printouts entitled "SA0910". FOR
AID PAYABLE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL  YEAR
AND  THEREAFTER,  "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I) THE
SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH  FOR  EACH
SCHOOL  DISTRICT  AS  PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID
COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY  THE  COMMISSIONER  IN
SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION
FOR  THE  GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS
AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL  FIRST  FOR  THE  CURRENT
YEAR  PLUS  THE  APPORTIONMENT  PAYABLE  DURING  THE CURRENT SCHOOL YEAR
PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS  PURSUANT  TO
SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY
DEDUCTION  FROM  APPORTIONMENT  PAYABLE  PURSUANT  TO  THIS  CHAPTER FOR
COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN  SUBDI-
VISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY
GRANTS  PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDI-
VISION FOUR OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW,  LESS  ANY
GRANTS  PROVIDED  PURSUANT  TO  SUBDIVISION TWELVE OF SECTION THIRTY-SIX
HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPORTIONMENT  CALCULATED
BY  THE  COMMISSIONER  BASED  ON DATA ON FILE AT THE TIME THE PAYMENT IS
PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS  MADE
PURSUANT  TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE
CURRENT YEAR, MONEYS APPORTIONED SHALL  NOT  INCLUDE  ANY  AIDS  PAYABLE
PURSUANT  TO  SUBDIVISIONS  SIX  AND FOURTEEN, IF APPLICABLE, OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE
ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR
OR ANY AIDS PAYABLE FOR  FULL-DAY  KINDERGARTEN  FOR  THE  CURRENT  YEAR
PURSUANT  TO  SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
PART. THE DEFINITIONS OF "BASE YEAR" AND "CURRENT YEAR" AS SET FORTH  IN
SUBDIVISION  ONE  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART SHALL
APPLY TO THIS SECTION.
  S 41. Subparagraphs 2 and 3 of paragraph a and clauses (i), (iv), (v),
(vi) and (vii) of subparagraph 3 of paragraph  b  of  subdivision  1  of
section  3609-a  of the education law, subparagraph 2 of paragraph a and
clauses (v) and (vii) of subparagraph 3 of paragraph  b  as  amended  by
section  32  of part B of chapter 57 of the laws of 2007, subparagraph 3
of paragraph a and clauses (i) and (iv) of subparagraph 3 of paragraph b
as amended by chapter 474 of the laws of 1996 and clause (vi) of subpar-

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

agraph 3 of paragraph b as added by section 43 of part A of  chapter  60
of the laws of 2000, are amended to read as follows:
  (2)  Lottery  apportionment. Of the estimated moneys to be apportioned
by the commissioner to school  districts  for  the  current  year,  that
portion  payable  pursuant  to section ninety-two-c of the state finance
law, exclusive of the minimum lottery grant provided for the purchase of
textbooks pursuant to subparagraph one of  paragraph  b  of  subdivision
four  of section ninety-two-c of such law and the lottery grant provided
pursuant to subparagraph two-a of paragraph b  of  subdivision  four  of
section  ninety-two-c  of the state finance law, shall be payable on the
[first] LAST state business day of September.
  (3) Lottery textbook apportionment. The minimum lottery grant provided
for the purchase of textbooks pursuant to subparagraph one of  paragraph
b  of subdivision four of section ninety-two-c of the state finance law,
shall be payable on or before the [first] LAST  STATE  BUSINESS  day  of
September.
  (i)  Winter payments. The amounts designated for January, February and
March pursuant to clauses (i), (ii) and (iii)  of  subparagraph  two  of
this  paragraph  shall be paid on OR BEFORE the [first] LAST state busi-
ness day of such months.
  (iv) April and May payments. Any amount designated for  and  remaining
to  be paid in April or May pursuant to clauses (iv) and (v) of subpara-
graph two of this paragraph minus any portion of such  amounts  advanced
pursuant  to clause (ii) of this subparagraph shall be paid on OR BEFORE
the [first] LAST state business day of such months.
  (v) June payment. The  moneys  apportioned  to  school  districts  and
designated  for June pursuant to clause (vi) of subparagraph two of this
paragraph shall be paid on OR BEFORE the [first] LAST state business day
of such month, to the extent that moneys are owed  to  school  districts
pursuant  to  this  section  for  the current year, including claims for
current year aid for debt service on bond anticipation notes aidable  in
June  and/or  new  bonds  and  capital notes aidable in June pursuant to
subdivisions six and fourteen,  if  applicable,  of  section  thirty-six
hundred  two  of this [article] PART and claims for current year aid for
conversion to full day kindergarten [pursuant  to  subdivision  nine  of
section  thirty-six  hundred  two  of  this  article], after taking into
account any adjustments made in accordance with clauses (ii)  and  (iii)
of this subparagraph, net of any disallowances.
  (vi)  Deferred July payment of certain claims for debt service on bond
anticipation notes and on bonds or capital notes  first  issued  in  the
current  year. The moneys apportioned to school districts for claims for
current year aid for debt service on bond anticipation notes aidable  in
July following the current year and/or new bonds and capital notes aida-
ble  in July following the current year pursuant to subdivisions six and
fourteen, if applicable, of  section  thirty-six  hundred  two  of  this
[article]  PART  shall be paid on OR BEFORE the [first] LAST state busi-
ness day of July immediately following the current school year,  to  the
extent that moneys are owed to school districts pursuant to this section
for the current year, net of any disallowances.
  (vii)  Deferred  September  payments.  Any amounts payable to a school
district pursuant to this section which exceeded one hundred percent  of
the respective amount set forth for such district as payable pursuant to
this  section  in the school aid computer listing for the current school
year shall be designated for payment for the  month  of  September  next
following  the  close of the current school year. Such payments shall be

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

made on OR BEFORE the [first] LAST state business day of  the  month  of
September, based on data on file as of August first.
  S  42.  Clause (iii) of subparagraph 3 of paragraph b of subdivision 1
of section 3609-a of the education law, as amended by section 32 of part
B of chapter 57 of the laws of 2007, is amended to read as follows:
  (iii) Determining final payment for the state fiscal  year.  Prior  to
transmitting  the  March  payment  to  the  state  comptroller, based on
current year, base year and prior school year state aid payments made or
scheduled to be made from the general support for public schools  appro-
priations  for  the  state  fiscal  year  ending March thirty-first, the
commissioner shall determine the extent to which the  amount  designated
for  June pursuant to clause (vi) of subparagraph two of this paragraph,
as adjusted in accordance with clause (ii) of this subparagraph, net  of
any disallowances, would need to be advanced and paid on or before March
thirty-first  in  order  to  use  the  remainder of such appropriations,
EXCLUDING AMOUNTS ASSIGNED TO  THE  DEPARTMENT  OF  HEALTH  PURSUANT  TO
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-B OF THIS ARTICLE, on
or  before  March  thirty-first,  or  to  the extent to which the amount
designated for March would need to be proportionally reduced so  as  not
to  exceed such state fiscal year appropriations. The commissioner shall
report the amount of money required to be advanced or deferred  and  the
percent  it represents of the June or March amounts, as the case may be,
to the director of the budget, the chairperson  of  the  senate  finance
committee  and the chairperson of the assembly ways and means committee.
To the extent that moneys are advanced  or  deferred  pursuant  to  this
paragraph,  they  shall  be  in  the  same  proportion  as  each  school
district's share bears to the total of such June or March  amount.  Upon
approval  of the director of the budget, the commissioner shall transmit
the schedule of any such partial June prepayments or such reduced  March
payments  to  the  state  comptroller.  Any portion of the March payment
deferred shall be added to the June payment; any  portion  of  the  June
payment advanced shall be paid on or before March thirty-first.
  S 43. Subparagraph 4 of paragraph b of subdivision 1 of section 3609-a
of  the  education law, as amended by section 25 of part A of chapter 57
of the laws of 2009, is amended to read as follows:
  (4) State share of medicaid reimbursements. For the purposes  of  this
subparagraph,  FOR  AID  PAYABLE  IN  THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SCHOOL YEAR, the first reporting period shall run from May  first
of  the  base year through January thirty-first of the current year, and
the second reporting period shall run from February first of the current
year through [April thirtieth] MARCH THIRTY-FIRST of the  current  year.
FOR  AID  PAYABLE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR AND THEREAFTER, THE FIRST REPORTING PERIOD  SHALL  RUN  FROM  APRIL
FIRST  OF  THE  BASE  YEAR  THROUGH DECEMBER THIRTY-FIRST OF THE CURRENT
YEAR, AND THE SECOND REPORTING PERIOD SHALL RUN FROM  JANUARY  FIRST  OF
THE  CURRENT  YEAR  THROUGH  MARCH  THIRTY-FIRST  OF  THE  CURRENT YEAR.
Notwithstanding any inconsistent provisions of law to the contrary,  the
sustaining  advance  payment  due any school district pursuant to clause
(ii) of subparagraph three of this paragraph in March shall  be  reduced
by fifty percent of any federal participation during the first reporting
period  pursuant  to  title  XIX  of the social security act, in special
education programs provided pursuant  to  article  eighty-nine  of  this
chapter  for services provided on or before June thirtieth, two thousand
nine; the June payment due any school district pursuant to clause (v) of
subparagraph three of this paragraph shall be reduced by  fifty  percent
of  any  federal  participation  during  the second reporting period for

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

services provided on or before June thirtieth, two  thousand  nine.  Not
later  than  ten  days  after  the end of [a] THE FIRST reporting period
ENDING ON JANUARY THIRTY-FIRST, TWO  THOUSAND  ELEVEN,  NOT  LATER  THAN
FORTY-ONE  DAYS  AFTER  EACH  FIRST  REPORTING PERIOD THEREAFTER AND NOT
LATER THAN FORTY DAYS AFTER THE END OF EACH SECOND REPORTING PERIOD, the
commissioner of health, as the authorized  fiscal  agent  of  the  state
education department, shall certify to the commissioner and the director
of  the  budget the total amount of such federal moneys paid to a school
district for such services during such reporting period. Following  each
cycle  payment,  the  commissioner of health shall report to the commis-
sioner the aggregate amount of such federal medicaid  payments  to  each
school  district.  The  commissioner shall recoup such amounts first, to
the extent possible, from the specified payment, then by withholding any
other moneys due the school district and finally by  direct  billing  to
any school district still owing moneys to the state. All moneys withheld
or  paid  to the state on account of this paragraph shall be credited by
the comptroller to the local assistance account for general support  for
public schools.
  S  44. Subdivision 1 of section 3609-a of the education law is amended
by adding a new paragraph e to read as follows:
  E. GAP ELIMINATION ADJUSTMENT FOR TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE.  (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE COMMISSIONER SHALL REDUCE PAYMENTS DUE TO EACH DISTRICT FOR THE  TWO
THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR  PURSUANT  TO THIS
SECTION BY AN AMOUNT EQUAL TO THE GAP  ELIMINATION  ADJUSTMENT  COMPUTED
FOR  SUCH DISTRICT, AND SUCH AMOUNT SHALL BE DEDUCTED FROM MONEYS APPOR-
TIONED FOR THE PURPOSES OF PAYMENTS MADE PURSUANT TO THIS SECTION AND IF
THE REDUCTION IS GREATER THAN THE SUM OF THE AMOUNTS AVAILABLE FOR  SUCH
DEDUCTIONS,  THE  REMAINDER  OF  THE  REDUCTION  SHALL  BE WITHHELD FROM
PAYMENTS SCHEDULED TO BE MADE TO THE DISTRICT PURSUANT TO  THIS  SECTION
FOR  THE  TWO  THOUSAND  TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR, AND
PROVIDED FURTHER THAT AN AMOUNT EQUAL TO THE AMOUNT  OF  SUCH  DEDUCTION
SHALL  BE  DEEMED  TO  HAVE  BEEN  PAID TO THE DISTRICT PURSUANT TO THIS
SECTION FOR THE SCHOOL YEAR IN WHICH SUCH DEDUCTION IS MADE. THE COMMIS-
SIONER SHALL COMPUTE SUCH GAP ELIMINATION ADJUSTMENT AND SHALL PROVIDE A
SCHEDULE OF SUCH REDUCTION IN PAYMENTS TO  THE  STATE  COMPTROLLER,  THE
DIRECTOR  OF  THE  BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE AND
THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
  (2) THE GAP ELIMINATION ADJUSTMENT FOR TWO THOUSAND ELEVEN--TWO  THOU-
SAND TWELVE SCHOOL YEAR SHALL BE COMPUTED AS FOLLOWS, BASED ON DATA USED
BY  THE COMMISSIONER FOR THE PURPOSES OF PRODUCING A SCHOOL AID COMPUTER
LISTING IN SUPPORT OF THE EXECUTIVE BUDGET PROPOSAL FOR THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR.
  (I) THE PERCENTAGE REDUCTION SHALL BE THE SUM OF (A)  THE  PRODUCT  OF
THE  TOTAL AID FOR ADJUSTMENT, MULTIPLIED BY SIX AND FOUR-TENTHS PERCENT
(0.064), AND (B) THE PRODUCT  OF  FOUR  THOUSAND  FOUR  HUNDRED  DOLLARS
($4,400)  MULTIPLIED  BY  THE REDUCTION FACTOR, MULTIPLIED BY THE PUBLIC
SCHOOL DISTRICT ENROLLMENT  FOR  THE  BASE  YEAR  COMPUTED  PURSUANT  TO
SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF SUCH SECTION THIR-
TY-SIX HUNDRED TWO OF THIS PART, PROVIDED, HOWEVER, THAT SUCH PERCENTAGE
REDUCTION  SHALL  NOT  BE LESS THAN THE PRODUCT OF ELEVEN PERCENT (0.11)
MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT, AND NOT MORE THAN THE PROD-
UCT OF TWENTY-THREE PERCENT (0.23) MULTIPLIED  BY  SUCH  TOTAL  AID  FOR
ADJUSTMENT.
  (II)  THE  TAX  EFFORT REDUCTION SHALL BE THE PRODUCT OF THE TOTAL AID
FOR ADJUSTMENT, MULTIPLIED  BY  THE  QUOTIENT  OF  TWENTY-THREE  PERCENT

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

(0.23)  DIVIDED  BY THE QUOTIENT OF THE TAX EFFORT RATIO DIVIDED BY FOUR
AND FIVE TENTHS PERCENT (0.045), PROVIDED, HOWEVER, THAT SUCH TAX EFFORT
REDUCTION SHALL NOT BE LESS THAN THE PRODUCT OF FIFTEEN  PERCENT  (0.15)
MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT, AND NOT MORE THAN THE PROD-
UCT  OF  TWENTY-THREE  PERCENT  (0.23)  MULTIPLIED BY SUCH TOTAL AID FOR
ADJUSTMENT.
  (III) THE TGFE CHECK SHALL BE THE PRODUCT OF THE TGFE  PERCENTAGE  AND
THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE BASE YEAR.
  (IV)  THE  ADMINISTRATIVE  EFFICIENCY  OFFSET  SHALL BE THE PRODUCT OF
SEVENTY-FIVE DOLLARS ($75),  MULTIPLIED  BY  THE  STATE  SHARING  RATIO,
MULTIPLIED BY THE TOTAL AIDABLE FOUNDATION PUPIL UNITS.
  THE  GAP  ELIMINATION ADJUSTMENT FOR A DISTRICT SHALL EQUAL THE LESSER
OF THE DISTRICT'S PERCENTAGE REDUCTION AND  ITS  TGFE  CHECK,  PROVIDED,
HOWEVER,  THAT IN THE CASE OF A DISTRICT WITH A TAX EFFORT RATIO GREATER
THAN FOUR AND ONE-HALF PERCENT (0.045) AND A COMBINED WEALTH  RATIO  FOR
TOTAL  FOUNDATION  AID  THAT IS LESS THAN ONE AND FIVE-TENTHS (1.5), THE
GAP ELIMINATION ADJUSTMENT FOR A DISTRICT SHALL EQUAL THE LESSER OF  THE
PERCENTAGE  REDUCTION,  THE TGFE CHECK AND THE TAX EFFORT REDUCTION, AND
FURTHER PROVIDED THAT IN THE CASE OF A SCHOOL  DISTRICT,  OTHER  THAN  A
CITY  SCHOOL  DISTRICT  OF  A  CITY HAVING A POPULATION IN EXCESS OF ONE
HUNDRED TWENTY-FIVE THOUSAND,  WITH  (A)  AN  ADMINISTRATIVE  EFFICIENCY
RATIO  OF  LESS  THAN  ONE  AND  EIGHT-TENTHS PERCENT (0.018) AND (B) AN
ADMINISTRATIVE EXPENSE PER PUPIL OF LESS THAN THREE HUNDRED  FORTY-EIGHT
DOLLARS  ($348),  THE  GAP ELIMINATION ADJUSTMENT SHALL BE REDUCED BY AN
AMOUNT EQUAL TO THE ADMINISTRATIVE EFFICIENCY OFFSET.
  (3) FOR THE PURPOSES OF SUCH COMPUTATION, (I) "TOTAL AID  FOR  ADJUST-
MENT"  SHALL  MEAN  THE  SUM  OF  THE  AMOUNTS SET FORTH FOR EACH SCHOOL
DISTRICT AS "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES +  SPECIAL
SERVICES",  "HIGH  COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
TECHNOLOGY",  "SOFTWARE,  LIBRARY,   TEXTBOOK",   "TRANSPORTATION   INCL
SUMMER",  "OPERATING  REORG  INCENTIVE",  "CHARTER SCHOOL TRANSITIONAL",
"ACADEMIC ENHANCEMENT", "HIGH TAX  AID"  AND  "SUPPLEMENTAL  PUB  EXCESS
COST"  UNDER  THE  HEADING  "2011-12  ESTIMATED  AIDS" IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECU-
TIVE  BUDGET  PROPOSAL  FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
SCHOOL YEAR;
  (II) "THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH  PERCENT"  SHALL
MEAN THE QUOTIENT OF (A) THE SUM OF THE NUMBER OF PUPILS IN KINDERGARTEN
THROUGH  GRADE SIX ATTENDING THE PUBLIC SCHOOLS OF THE DISTRICT WHO HAVE
APPLICATIONS ON FILE OR WHO ARE LISTED ON A DIRECT CERTIFICATION  LETTER
CONFIRMING  THEIR  ELIGIBILITY FOR PARTICIPATION IN THE STATE AND FEDER-
ALLY FUNDED FREE AND REDUCED PRICE LUNCH PROGRAM ON THE DATE  ENROLLMENT
WAS  COUNTED  IN  ACCORDANCE WITH THIS SUBDIVISION FOR THE YEAR PRIOR TO
THE BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE APPLICANTS FOR THE FREE  AND
REDUCED PRICE LUNCH PROGRAM COMPUTED FOR THE YEAR TWO YEARS PRIOR TO THE
BASE  YEAR,  PLUS  SUCH  NUMBER  OF ELIGIBLE APPLICANTS FOR THE FREE AND
REDUCED PRICE LUNCH PROGRAM COMPUTED FOR THE YEAR THREE YEARS  PRIOR  TO
THE BASE YEAR, DIVIDED BY (B) THE SUM OF THE NUMBER OF PUPILS IN KINDER-
GARTEN  THROUGH  GRADE  SIX ON A REGULAR ENROLLMENT REGISTER OF A PUBLIC
SCHOOL DISTRICT ON THE DATE ENROLLMENT WAS COUNTED  IN  ACCORDANCE  WITH
THIS  SUBDIVISION  FOR THE YEAR PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER
OF PUPILS IN KINDERGARTEN THROUGH GRADE  SIX  ON  A  REGULAR  ENROLLMENT
REGISTER  OF  A  PUBLIC  SCHOOL DISTRICT COMPUTED FOR THE YEAR TWO YEARS
PRIOR TO THE BASE YEAR, PLUS  SUCH  NUMBER  OF  PUPILS  IN  KINDERGARTEN
THROUGH  GRADE  SIX  ON A REGULAR ENROLLMENT REGISTER OF A PUBLIC SCHOOL
DISTRICT COMPUTED FOR THE YEAR THREE YEARS PRIOR TO THE BASE YEAR; AND

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

  (III) "TOTAL AIDABLE FOUNDATION PUPIL  UNITS"  SHALL  MEAN  THE  TOTAL
AIDABLE  FOUNDATION  PUPIL  UNITS  COMPUTED  PURSUANT  TO PARAGRAPH G OF
SUBDIVISION TWO OF SUCH SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, FOR
THE PURPOSES OF COMPUTING TOTAL FOUNDATION AID; AND
  (IV)  "COMBINED  WEALTH RATIO FOR TOTAL FOUNDATION AID" SHALL MEAN THE
COMBINED WEALTH RATIO FOR TOTAL  FOUNDATION  AID  COMPUTED  PURSUANT  TO
SUBPARAGRAPH  TWO OF PARAGRAPH C OF SUBDIVISION THREE OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS PART; AND
  (V) "THE STATE SHARING RATIO"  SHALL  MEAN  THE  STATE  SHARING  RATIO
COMPUTED  FOR  TOTAL  FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH G OF
SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  PART,  BUT
NOT LESS THAN TEN PERCENT (0.10); AND
  (VI)  "TAX  EFFORT  RATIO"  SHALL  MEAN  THE TAX EFFORT RATIO COMPUTED
PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH A OF SUBDIVISION SIXTEEN  OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART; AND
  (VII)  "REDUCTION  FACTOR"  SHALL  MEAN  THE  PRODUCT  OF THE POSITIVE
REMAINDER OF ONE LESS THE THREE-YEAR  AVERAGE  FREE  AND  REDUCED  PRICE
LUNCH PERCENT, MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL FOUNDA-
TION  AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI-
VISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART; AND
  (VIII) "ADMINISTRATIVE EFFICIENCY RATIO" SHALL MEAN  THE  QUOTIENT  OF
THE SUM OF THE EXPENDITURES RELATED TO THE BOARD OF EDUCATION, INCLUDING
EXPENDITURES  FOR  THE  BOARD OF EDUCATION, THE DISTRICT CLERK'S OFFICE,
THE DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE  TAX
COLLECTOR'S  OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS EXPENDI-
TURES FOR CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR  THE  CHIEF
SCHOOL  OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE PERSON-
NEL OFFICE, THE  RECORDS  MANAGEMENT  OFFICER,  PUBLIC  INFORMATION  AND
SERVICES,  FEES  FOR  FISCAL  AGENTS  AND  UNDISTRIBUTED INDIRECT COSTS,
DIVIDED BY THE TOTAL EXPENDITURES CHARGED BY A DISTRICT TO THE  GENERAL,
DEBT SERVICE, AND SPECIAL AID FUNDS, EXCLUDING TRANSFERS FROM THE GENER-
AL FUND TO THE DEBT SERVICE AND SPECIAL AID FUNDS, BASED ON EXPENDITURES
REPORTED BY THE DISTRICT FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE
YEAR,  BASED ON DATA ON FILE FOR AN ELECTRONIC DATA FILE USED TO PRODUCE
THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT
OF THE EXECUTIVE BUDGET REQUEST; AND
  (IX) "ADMINISTRATIVE EXPENSE PER PUPIL" SHALL MEAN THE QUOTIENT OF THE
SUM  OF  THE  EXPENDITURES  RELATED TO THE BOARD OF EDUCATION, INCLUDING
EXPENDITURES FOR THE BOARD OF EDUCATION, THE  DISTRICT  CLERK'S  OFFICE,
THE  DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE TAX
COLLECTOR'S OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS  EXPENDI-
TURES  FOR  CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR THE CHIEF
SCHOOL OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE  PERSON-
NEL  OFFICE,  THE  RECORDS  MANAGEMENT  OFFICER,  PUBLIC INFORMATION AND
SERVICES, FEES FOR  FISCAL  AGENTS  AND  UNDISTRIBUTED  INDIRECT  COSTS,
CHARGED  BY  A  DISTRICT  TO  THE GENERAL, DEBT SERVICE, AND SPECIAL AID
FUNDS, BASED ON EXPENDITURES REPORTED BY THE  DISTRICT  FOR  THE  SCHOOL
YEAR  TWO  YEARS  PRIOR  TO  THE BASE YEAR, DIVIDED BY THE PUBLIC SCHOOL
DISTRICT ENROLLMENT FOR THE BASE YEAR COMPUTED PURSUANT TO  SUBPARAGRAPH
TWO  OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO
OF THIS PART BASED ON DATA ON FILE FOR AN ELECTRONIC DATA FILE  USED  TO
PRODUCE  THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET REQUEST; AND
  (X) "TGFE PERCENTAGE" SHALL MEAN, (A) IN THE CASE OF A DISTRICT DETER-
MINED TO BE A HIGH NEED  SCHOOL  DISTRICT  PURSUANT  TO  CLAUSE  (C)  OF
SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF SECTION THIRTY-SIX

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

HUNDRED TWO OF THIS PART FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY
THE  COMMISSIONER  IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND
SEVEN--TWO THOUSAND EIGHT SCHOOL  YEAR  AND  ENTITLED  "SA0708",  FOR  A
SCHOOL  DISTRICT  WHICH  HAS A THREE-YEAR AVERAGE FREE AND REDUCED PRICE
LUNCH PERCENT GREATER THAN SEVENTY-FIVE PERCENT (0.75) AND WHICH HAS  AN
ADMINISTRATIVE  EFFICIENCY  RATIO  LESS  THAN  ONE  AND  FIFTY-FIVE  ONE
HUNDREDTHS PERCENT (0.0155), FOUR AND SEVEN TENTHS PERCENT  (0.047)  AND
FOR  ALL  OTHER  SUCH  SCHOOL  DISTRICTS,  SIX  AND  NINE TENTHS PERCENT
(0.069), OR (B) IN THE  CASE  OF  ALL  OTHER  SCHOOL  DISTRICTS,  ELEVEN
PERCENT (0.11).
  S  45.  Paragraphs a and a-1 of subdivision 1 of section 3609-b of the
education law, paragraph a as amended by section 26 and paragraph a-1 as
added by section 27 of part A of chapter 57 of the  laws  of  2009,  are
amended to read as follows:
  a.  Any  moneys  to  be  apportioned  by  the  commissioner  to school
districts during the school year pursuant to this section  for  services
provided  on or before June thirtieth, two thousand nine THAT WERE REIM-
BURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEVEN shall,
in the first instance, be designated as the state share of moneys due  a
school  district  pursuant  to  title XIX of the social security act, on
account of school supportive health services provided to  students  with
disabilities  in  special education programs pursuant to article eighty-
nine of this chapter and to those pupils who are  qualified  handicapped
persons as defined in the federal rehabilitation act of nineteen hundred
seventy-three,  as  amended.  Some  or  all  of  such state share may be
assigned on behalf of school districts to the department of  health,  as
provided  herein;  any  remaining  state  share  moneys shall be paid to
school districts on the same schedule as the federal share of such title
XIX payments and shall be based on the monthly report of the commission-
er of health to the commissioner; and any remaining moneys to be  appor-
tioned  to  a  school district pursuant to this section shall be paid in
accordance with the provisions of subdivision two of this  section.  The
amount  to be assigned to the department of health, as determined by the
commissioner of health, for any school district  shall  not  exceed  the
federal  share  of any moneys due such school district pursuant to title
XIX. Moneys designated as state share  moneys  shall  be  paid  to  such
school  districts based on the submission and approval of claims related
to such school supportive health services, in  the  manner  provided  by
law.
  a-1.  Any  moneys  to  be  apportioned  by  the commissioner to school
districts during the school year pursuant to this section  for  services
provided  during the two thousand nine--two thousand ten school year and
thereafter, OR FOR SERVICES PROVIDED IN A PRIOR SCHOOL  YEAR  THAT  WERE
NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEV-
EN,  shall,  in  the first instance, be designated as the state share of
moneys due a school district pursuant to title XIX of the social securi-
ty act, on account of school  supportive  health  services  provided  to
students  with  disabilities  in  special education programs pursuant to
article eighty-nine of this chapter and to those pupils who  are  quali-
fied handicapped persons as defined in the federal rehabilitation act of
nineteen  hundred  seventy-three,  as amended. Such state share shall be
assigned on behalf of school districts to the department of  health,  as
provided herein; the amount designated as such nonfederal share shall be
transferred by the commissioner to the department of health based on the
monthly  report  of  the commissioner of health to the commissioner; and
any remaining moneys to be apportioned to a school district pursuant  to

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

this section shall be paid in accordance with the provisions of subdivi-
sion two of this section. The amount to be assigned to the department of
health,  as  determined  by  the  commissioner of health, for any school
district  shall  not  exceed  the  federal  share of any moneys due such
school district pursuant to title XIX. Moneys designated as state  share
moneys  shall  be  paid  to  such  school districts by the department of
health based on the submission and approval of claims  related  to  such
school supportive health services, in the manner provided by law.
  S  46.  Paragraph  b of subdivision 2 of section 3612 of the education
law, as amended by section 2 of part A of chapter 2 of the laws of 2011,
is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any  shortage  of  teachers  in  the
school  district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity  and
geographic  sparsity  of  the  district,  the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section  shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing  any  other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any  recruitment,  retention  and  certification
costs  associated  with transitional certification of teacher candidates
for the school years two thousand one--two  thousand  two  through  [two
thousand ten--two thousand eleven] AND TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE.
  S 47. Subdivision 6 of section 3622-a of the education law, as amended
by chapter 422 of the laws of 2004, is amended to read as follows:
  6.  Transportation  of  pupils  to  and  from  approved  summer school
programs operated by a school district in the two thousand--two thousand
one school year and thereafter, provided, however,  [that  any  expenses
for which aid is received pursuant to subdivision thirty-nine of section
thirty-six hundred two of this article shall be excluded from the compu-
tation  of  allowable transportation expense, and provided further] that
if the total statewide apportionment attributable to allowable transpor-
tation expenses incurred  pursuant  to  this  subdivision  exceeds  five
million  dollars  ($5,000,000),  individual  school district allocations
shall be prorated to ensure  that  the  apportionment  for  such  summer
transportation  does  not  exceed  five  million  dollars  ($5,000,000),
provided that such prorated apportionment computed  and  payable  as  of
September  one  of the school year immediately following the school year
for which such aid is claimed shall be deemed final and not  subject  to
change; and
  S  48. Paragraph c of subdivision 2 of section 3623-a of the education
law, as amended by chapter 453 of the laws of 2005, is amended and a new
paragraph f is added to read as follows:
  c. [The] SUBJECT TO THE LIMITATION IN PARAGRAPH F OF THIS SUBDIVISION,
THE purchase of equipment  deemed  a  proper  school  district  expense,
including:  (i) the purchase of two-way radios to be used on old and new
school buses, (ii) the purchase of stop-arms, to be used on old and  new
school  buses,  (iii) the purchase and installation of seat safety belts
on school buses in accordance with the provisions of section  thirty-six

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

hundred  thirty-five-a  of this article, (iv) the purchase of school bus
back up beepers, (v) the purchase of school  bus  front  crossing  arms,
(vi)  the  purchase  of  school  bus  safety  sensor  devices, (vii) the
purchase  and  installation  of  exterior  reflective  marking on school
buses, (viii)  the  purchase  of  automatic  engine  fire  extinguishing
systems  for school buses used to transport students who use wheelchairs
or other assistive mobility devices, and  (ix)  the  purchase  of  other
equipment as prescribed in the regulations of the commissioner; and
  F.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH C OF THIS SUBDIVISION,
ALLOWABLE EXPENSES FOR THE PURCHASE OF EQUIPMENT FOR  NEW  SCHOOL  BUSES
PURCHASED  ON  OR  AFTER  THE  EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE
LIMITED TO EXPENSES FOR THOSE  ITEMS  OF  EQUIPMENT  DETERMINED  BY  THE
DEPARTMENT TO BE COST-EFFECTIVE.
  S  49.  Section  3641  of the education law is amended by adding a new
subdivision 7 to read as follows:
  7. A. THERE IS HEREBY ESTABLISHED  WITHIN  THE  DEPARTMENT  THE  LOCAL
COMPETITIVE  PERFORMANCE  GRANT  PROGRAM  FOR  PRIORITY  INITIATIVES  TO
IMPROVE THE ACADEMIC ACHIEVEMENT OF STUDENTS.
  B. THE COMMISSIONER MAY AWARD GRANTS,  WITHIN  AVAILABLE  FUNDING,  IN
SUPPORT  OF  PROGRAMS  THAT HAVE PROVEN TO BE EFFECTIVE IN IMPROVING THE
ACADEMIC ACHIEVEMENT OF STUDENTS, INCLUDING TO THE  EXTENT  PRACTICABLE,
BUT NOT LIMITED TO, SERVICES THAT SUPPORT STUDENTS' ACADEMIC ACHIEVEMENT
AND  CLASSROOM  READINESS, ENHANCE THE PROFESSIONAL CAPACITY OF TEACHERS
OR PROVIDE SUPPORT FOR ECONOMICALLY DISADVANTAGED  AND  UNDERREPRESENTED
INDIVIDUALS  WHO WISH TO ENTER THE TEACHING WORKFORCE. SUCH GRANTS SHALL
BE AWARDED UNDER THIS SECTION ON  A  COMPETITIVE  BASIS  PURSUANT  TO  A
REQUEST FOR APPLICATION/PROPOSAL PROCESS AS DEVELOPED BY THE COMMISSION-
ER AND APPROVED BY THE DIRECTOR OF THE BUDGET.
  C.  THE COMMISSIONER MAY PROMULGATE REGULATIONS, INCLUDING ON AN EMER-
GENCY BASIS, AS NECESSARY TO IMPLEMENT THIS SECTION.
  S 50. Paragraph b of subdivision 11 of section 3641 of  the  education
law,  as amended by chapter 9 of the laws of 2008, is amended to read as
follows:
  b. To the Roosevelt union free school district FOR  THE  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR there shall be paid [twelve] SIX
million dollars [($12,000,000)] ($6,000,000) on an annual basis, AND FOR
THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFT-
ER  THERE  SHALL  BE PAID TWELVE MILLION DOLLARS ($12,000,000) ON ANNUAL
BASIS. For school years commencing on July first, two thousand seven and
thereafter, such special academic improvement  grant  shall  be  payable
from funds appropriated for such purpose and shall be apportioned to the
Roosevelt  union  free  school  district  in accordance with the payment
schedules contained in section three thousand six hundred nine-a of this
article, notwithstanding any provision of law to the contrary.
  S 51. Section 4201 of the education law, subdivision 1 as  amended  by
chapter 183 of the laws of 1965, paragraph h of subdivision 1 as amended
by  chapter  496 of the laws of 1986 and paragraph l of subdivision 1 as
amended by chapter 111 of the laws  of  1975,  is  amended  to  read  as
follows:
  S 4201. [Duties of commissioner of education] APPROVED PRIVATE SCHOOLS
FOR  THE  INSTRUCTION  OF THE BLIND AND THE DEAF AND OTHER STUDENTS WITH
DISABILITIES.  1. The following institutions for the instruction of  the
deaf and of the blind shall be [subject to the visitation of the commis-
sioner  of  education]  DEEMED TO BE APPROVED PRIVATE NONRESIDENTIAL AND
RESIDENTIAL SCHOOLS FOR THE  EDUCATION  OF  STUDENTS  WITH  DISABILITIES
APPROVED  PURSUANT  TO  PARAGRAPHS E AND G OF SUBDIVISION TWO OF SECTION

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

FORTY-FOUR HUNDRED ONE OF THIS TITLE, AS APPLICABLE, AS OF  JULY  FIRST,
TWO  THOUSAND  ELEVEN  AND  THEREAFTER SHALL OPERATE AS APPROVED PRIVATE
NONRESIDENTIAL AND RESIDENTIAL SCHOOLS PURSUANT TO  ARTICLE  EIGHTY-NINE
OF  THIS  TITLE  FOR  ALL  PURPOSES,  INCLUDING  WHERE  APPLICABLE AS AN
APPROVED PROGRAM UNDER SECTION FORTY-FOUR HUNDRED EIGHT OF  THIS  TITLE,
EXCEPT  AS  OTHERWISE  PROVIDED  IN  THIS  SECTION AND SECTION FORTY-TWO
HUNDRED FOUR-A OF THIS ARTICLE:
  a. The New York school for the deaf;
  b. The Lexington school for the deaf;
  c. St. Mary's school for the deaf in the city of Buffalo;
  D. THE HENRY VISCARDI SCHOOL;
  e. St. Joseph's school for the deaf in the city of New York;
  f. Rochester school for the deaf in the city of Rochester;
  h. The New York Institute for Special Education in  the  city  of  New
York;
  i. Lavelle School for the Blind in the city of New York;
  j. Mill Neck Manor school for the deaf in Nassau county;
  k.  St. Francis DeSales school for the deaf and hard of hearing in the
county of Kings.
  l. Cleary Deaf Child Center, Inc., in  the  counties  of  Suffolk  and
Nassau.
  2. [It shall be the duty of the commissioner:
  a.  To  inquire  into  the organization of the several schools and the
methods of instruction employed therein.
  b. To prescribe courses of study and methods of instruction that  will
meet the requirements of the state for the education of state pupils.
  c.  To make appointments of pupils to the several schools, to transfer
such pupils from one school to another as circumstances may require;  to
cancel appointments for sufficient reason.
  d. To ascertain by a comparison with other similar institutions wheth-
er  any  improvements in instruction and discipline can be made; and for
that purpose to appoint from time to time, suitable persons to visit the
schools.
  e. To suggest to the directors of such institutions and to the  legis-
lature such improvements as he shall judge expedient.
  f.  To  make an annual report to the legislature on all of the matters
enumerated in this subdivision and particularly as to the  condition  of
the  schools,  the  improvement  of  the  pupils, and their treatment in
respect to board and lodging.] BY NO LATER THAN JULY FIRST, TWO THOUSAND
TWELVE, THE COMMISSIONER SHALL REVIEW THE APPROVED STATUS OF  EACH  SUCH
SCHOOL  AND,  BASED  ON  THE  STANDARDS APPLICABLE TO ALL OTHER APPROVED
PRIVATE SCHOOLS, DETERMINE WHETHER TO CONTINUE OR REVOKE  SUCH  APPROVAL
BASED  UPON  THE  SCHOOL'S  COMPLIANCE WITH SUCH STANDARDS. IN ADDITION,
SUCH SCHOOLS MAY BE APPROVED BY THE COMMISSIONER TO SERVE STUDENT  POPU-
LATIONS  OTHER  THAN  BLIND  OR  VISUALLY  IMPAIRED  OR  DEAF OR HEARING
IMPAIRED STUDENTS.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
THE  CONTRARY,  THE  STATE  APPOINTMENTS  OF  ALL STUDENTS OF SCHOOL AGE
ENROLLED IN SUCH SCHOOLS PRIOR TO JULY FIRST, TWO THOUSAND ELEVEN  SHALL
CONTINUE UNTIL JUNE THIRTIETH, TWO THOUSAND TWELVE OR UNTIL SUCH TIME AS
THE  COMMITTEE  ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT IN WHICH THE
STUDENT CURRENTLY RESIDES HAS RECOMMENDED  AN  INDIVIDUALIZED  EDUCATION
PROGRAM  FOR  SUCH  STUDENT  FOR  THE  TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR, WHICHEVER IS LATER. WHERE SUCH COMMITTEE ON  SPECIAL
EDUCATION HAS RECOMMENDED PLACEMENT IN AN APPROVED PRIVATE SCHOOL LISTED
IN  SUBDIVISION  ONE OF THIS SECTION PURSUANT TO PARAGRAPH D OF SUBDIVI-

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

SION TWO OF SECTION FORTY-FOUR HUNDRED ONE OF THIS  TITLE  FOR  THE  TWO
THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE SCHOOL YEAR IN AN INDIVIDUALIZED
EDUCATION PROGRAM RECOMMENDED PRIOR TO JULY FIRST, TWO THOUSAND  ELEVEN,
SUCH  PLACEMENT  SHALL BE DEEMED TO HAVE BEEN A PLACEMENT IN SUCH SCHOOL
MADE PURSUANT TO PARAGRAPHS E  AND  G  OF  SUBDIVISION  TWO  OF  SECTION
FORTY-FOUR  HUNDRED  ONE  OF  THIS  TITLE  AND  SHALL  CONTINUE  WITHOUT
DISRUPTION DESPITE TERMINATION OF THE STATE APPOINTMENT.
  4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
CURRENT  SCHOOL  DISTRICT  OF RESIDENCE OF EACH STUDENT ENROLLED IN SUCH
SCHOOL SHALL BE RESPONSIBLE  FOR  THE  TUITION  AND  MAINTENANCE  COSTS,
EXCEPT  WHERE  SUCH  MAINTENANCE  COSTS ARE REIMBURSED BY A DIRECT STATE
APPROPRIATION FOR SUCH PURPOSE, OF STUDENTS OF SCHOOL  AGE  ENROLLED  IN
SUCH  SCHOOLS  PURSUANT TO SECTION FORTY-FOUR HUNDRED FIVE OF THIS TITLE
TO THE SAME EXTENT AS WITH OTHER APPROVED PRIVATE SCHOOLS, INCLUDING ANY
STUDENTS WHOSE STATE APPOINTMENTS ARE CONTINUED BEYOND  JUNE  THIRTIETH,
TWO  THOUSAND  ELEVEN  IN  ACCORDANCE  WITH  SUBDIVISION  THREE  OF THIS
SECTION. PROVIDED, HOWEVER, THAT THE COSTS OF PARTICIPATION IN A  PUBLIC
RETIREMENT  SYSTEM  FOR EMPLOYEES HIRED ON OR BEFORE JUNE THIRTIETH, TWO
THOUSAND ELEVEN SHALL CONTINUE TO BE ALLOWABLE AND SUCH EMPLOYEES  SHALL
CONTINUE  TO BE DEEMED PUBLIC EMPLOYEES AND THE SCHOOLS PUBLIC EMPLOYERS
SOLELY FOR SUCH PURPOSE. EMPLOYEES OF SUCH SCHOOLS  HIRED  ON  OR  AFTER
JULY  FIRST, TWO THOUSAND ELEVEN SHALL NOT BE ELIGIBLE TO PARTICIPATE IN
A PUBLIC RETIREMENT SYSTEM.
  5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
THE CONTRARY, ON AND AFTER JULY FIRST, TWO THOUSAND ELEVEN, SUCH SCHOOLS
SHALL  NOT  BE  AUTHORIZED  TO OPERATE MULTIDISCIPLINARY TEAMS, AND EACH
STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM MAY ONLY BE DEVELOPED, RECOM-
MENDED AND  REVISED  BY  THE  COMMITTEE  ON  SPECIAL  EDUCATION  OF  THE
STUDENT'S SCHOOL DISTRICT OF RESIDENCE.
  6.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ALL PRESCHOOL PROGRAMS SERVING STUDENTS WITH  DISABILITIES
THAT  WERE  PROVIDED  BY  A SCHOOL ENUMERATED IN SUBDIVISION ONE OF THIS
SECTION IN THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR,  OTHER
THAN  THOSE  PROGRAMS  AUTHORIZED BY SECTION FORTY-TWO HUNDRED FOUR-A OF
THIS ARTICLE, SHALL, AS OF JULY FIRST, TWO THOUSAND ELEVEN, BE DEEMED TO
BE APPROVED PROGRAMS PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF  THIS
TITLE. BY NO LATER THAN JULY FIRST, TWO THOUSAND TWELVE, THE COMMISSION-
ER  SHALL  REVIEW THE APPROVED STATUS OF EACH SUCH PROGRAM AND, BASED ON
THE STANDARDS APPLICABLE TO ALL OTHER  APPROVED  PROGRAMS  FOR  CHILDREN
WITH DISABILITIES, DETERMINE WHETHER TO CONTINUE OR REVOKE SUCH APPROVAL
BASED UPON THE SCHOOL'S COMPLIANCE WITH SUCH STANDARDS.
  7.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ANY REFERENCE IN LAW TO "STATE-SUPPORTED SCHOOLS" SHALL BE
DEEMED A REFERENCE TO THE SCHOOLS ENUMERATED IN SUBDIVISION ONE OF  THIS
SECTION  AND  SHALL  CONTINUE  IN  EFFECT  UNLESS  IT CONFLICTS WITH THE
PROVISIONS OF THIS SECTION, IN WHICH CASE THE PROVISIONS OF THIS SECTION
SHALL PREVAIL.
  S 52. Sections 4202, 4203, subdivisions 2 and 3 of section 4204, 4205,
4206, subdivisions 2, 3 and 4 of section 4207, 4208,  4209,  4211,  4212
and 4213 of the education law are REPEALED.
  S  53.  Subdivision 1 of section 4204 of the education law, as amended
by chapter 352 of the laws of 1958, is amended to read as follows:
  1.  Each deaf pupil so received into any of the institutions aforesaid
shall be provided with board, lodging and tuition; and the directors  of
the  institution  shall  receive  an  appropriation  for  each  pupil so
provided for, in quarterly payments, to be paid by the  commissioner  of

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

taxation and finance, on the warrant of the comptroller, to the treasur-
er of said institution; provided, however, that an estimated one-half of
each  such quarterly payment shall be due on the first day of each quar-
ter,  the  estimate  to be based on the affidavit of the chief executive
officer of the institution stating the number of pupils for whom  board,
lodging  and  tuition  was  so  provided  by  the institution during the
preceding quarter and during the comparable  quarter  of  the  preceding
year, and the remaining part of each such quarterly payment shall be due
thereafter  on the first day of the quarter next ensuing, upon the pres-
entation by the treasurer of the institution of a bill showing the actu-
al time and number of pupils attending the institution, which bill shall
be signed by the chief executive officer of the institution,  and  veri-
fied  by  his  oath.  THE  PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO
BOARD, LODGING AND TUITION FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN
AND PRIOR SCHOOL YEARS.
  S 54. Section 4204-a of the education law, as added by chapter 1066 of
the laws of 1974, subdivision 1 as amended by chapter 705 of the laws of
1992, is amended to read as follows:
  S 4204-a. DEAF-INFANT PROGRAM. (1) All deaf children resident in  this
state,  below  the age of three, of suitable age and capacity, who shall
have been resident in this state for one year immediately preceding  the
application,  or is an orphan whose nearest friend shall have been resi-
dent in this state for one year immediately preceding  the  application,
shall be eligible to receive approved educational services in one of the
institutions  for instruction for the deaf of the state as enumerated in
section forty-two hundred one of this article, as well as in such educa-
tional programs or other like facilities which shall, in the  discretion
of  the commissioner, be certified as eligible to receive such pupils on
a day basis only; provided, however, the  foregoing  requirement  as  to
length of residence in this state may be waived in the discretion of the
commissioner. Such children who are first eligible for services pursuant
to  section forty-four hundred ten of this [chapter] TITLE whose parents
or persons in parental relationship  elect  to  have  them  continue  to
receive services pursuant to this section may do so through August thir-
ty-first of the calendar year in which such child turns three.
  (2)  Each deaf pupil so received into any of the approved institutions
or facilities aforesaid shall be provided with tuition; and  the  direc-
tors  of  the institution or facility shall receive an appropriation for
each pupil so provided for, in quarterly payments, to  be  paid  by  the
commissioner  of taxation and finance on the warrant of the comptroller,
to the treasurer of said institution or facility, on his OR HER present-
ing a bill showing the actual time and number of pupils  in  attendance,
which  bill shall be signed by the chief executive officer of the insti-
tution, and verified under his OR HER oath.
  (3) Children placed in any  such  approved  institution  or  facility,
pursuant  to  this  section,  shall be maintained therein on a day basis
only at the expense of the state for the period of time the school is in
session. Further, the commissioner shall approve such  expense  only  if
the  child  attends  the  facility  nearest  his OR HER legal residence;
provided, however, that the foregoing requirement as to the facility the
child shall attend may be waived in the discretion of the commissioner.
  (4) The commissioner  shall  promulgate  such  rules  and  regulations
pertaining  to  the  educational  programs  for  deaf children placed in
facilities under the provisions of this section as he OR SHE shall  deem
to be in the best interests of such children.

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

  (5) The [state education] department shall maintain a register of such
approved  institutions  or  facilities which, after inspection, it deems
qualified to meet the needs of such child for instruction of such  child
in  such  institution  or facility. Such inspection shall also determine
the  eligibility  of  such  educational  facility  to  receive the funds
hereinbefore specified.
  S 55. Section 4204-b of the education law, as added by chapter 853  of
the laws of 1976, is amended to read as follows:
  S 4204-b. School  district contribution.  The school district of which
any such child is resident at the time of admission  or  readmission  to
any  of  the  institutions or facilities enumerated in section forty-two
hundred one of this [chapter] ARTICLE shall be required to reimburse the
state on account of any expenditure made by the state for any such child
initially appointed by the commissioner to such institution or  facility
after  June thirtieth, nineteen hundred seventy-seven AND ATTENDING SUCH
FACILITY OR INSTITUTION IN THE TWO  THOUSAND  TEN--TWO  THOUSAND  ELEVEN
SCHOOL  YEAR  OR  A  PRIOR  SCHOOL YEAR in an amount equal to the school
district basic contribution defined  in  subdivision  eight  of  section
forty-four  hundred  one  of this [chapter] TITLE. The state comptroller
may deduct from any state funds which become due to  a  school  district
for  each year in which such child was in attendance at such institution
or facility an amount equal to the reimbursement required to be made  by
such  school district in accordance with this section, and the amount so
deducted shall not be included in the operating expense of such district
for the purposes of computing the apportionment  for  operating  expense
aid  pursuant to subdivision eleven of section thirty-six hundred two of
this chapter.
  S 56. Subdivision 1 of section 4207 of the education law,  as  amended
by chapter 352 of the laws of 1958, is amended to read as follows:
  1. Each blind pupil so received into any of the institutions specified
in  this  article shall be provided with board, lodging and tuition; and
the directors of the institution shall receive an appropriation for each
pupil so provided for, in quarterly payments, to be paid by the  commis-
sioner  of  taxation  and finance, on the warrant of the comptroller, to
the treasurer of said institution; provided, however, that an  estimated
one-half of each such quarterly payment shall be due on the first day of
each  quarter,  the  estimate  to be based on the affidavit of the chief
executive officer of the institution stating the number  of  pupils  for
whom  board,  lodging  and  tuition  was  so provided by the institution
during the preceding quarter and during the comparable  quarter  of  the
preceding  year,  and  the remaining part of each such quarterly payment
shall be due thereafter on the first day of the  quarter  next  ensuing,
upon  the  presentation  by  the  treasurer of the institution of a bill
showing the actual time and number of pupils attending the  institution,
which  bill shall be signed by the chief executive officer of the insti-
tution, and verified by his oath.   THE PROVISIONS OF  THIS  SUBDIVISION
SHALL  APPLY TO BOARD, LODGING AND TUITION FOR THE TWO THOUSAND TEN--TWO
THOUSAND ELEVEN AND PRIOR SCHOOL YEARS.
  S 57. Paragraph d of subdivision 2 of section 4401  of  the  education
law, as amended by chapter 53 of the laws of 1990, is amended to read as
follows:
  d.  Appointment  by  the  commissioner to a state school in accordance
with article eighty-seven or eighty-eight of this [chapter or  a  state-
supported school in accordance with article eighty-five of this chapter]
TITLE.

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

  S  58.  Subdivision 6 of section 4402 of the education law, as amended
by section 34 of part A of chapter 57 of the laws of 2009, is amended to
read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred  ninety-five--nine-
ty-six  through  June  thirtieth,  two thousand [ten] TWELVE of the [two
thousand nine--two  thousand  ten]  TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE  school  year,  be  authorized to increase class sizes in special
classes containing students  with  disabilities  whose  age  ranges  are
equivalent  to  those  of  students  in  middle and secondary schools as
defined by the commissioner for purposes of this section by  up  to  but
not to exceed one and two tenths times the applicable maximum class size
specified  in  regulations of the commissioner rounded up to the nearest
whole number, provided that in a city school  district  having  a  popu-
lation of one million or more, classes that have a maximum class size of
fifteen  may  be increased by no more than one student and provided that
the projected average class size shall not exceed the maximum  specified
in  the  applicable  regulation,  provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization  shall  be
granted  upon  filing  of a notice by such a board of education with the
commissioner stating the board's intention to increase such class  sizes
and  a  certification  that the board will conduct a study of attendance
problems at the secondary level and will implement a  corrective  action
plan  to  increase the rate of attendance of students in such classes to
at least the rate for students attending regular  education  classes  in
secondary  schools of the district. Such corrective action plan shall be
submitted for approval by the commissioner by a date during  the  school
year  in  which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the  commissioner.  Upon  at  least
thirty  days  notice  to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to  termi-
nate  such  authorization  upon  a  finding that the board has failed to
develop or implement an approved corrective action plan.
  S 59. Subdivision 17 of section 4403 of the education law, as  amended
by chapter 53 of the laws of 1987, is amended to read as follows:
  17.  Commencing  with  the nineteen hundred eighty-seven--eighty-eight
school year, to provide for instruction during the months  of  July  and
August  of students with [handicapping conditions] DISABILITIES who have
received state appointments pursuant to article  [eighty-five,]  eighty-
seven  or  eighty-eight  of this [chapter] TITLE and whose [handicapping
conditions] DISABILITIES, in  the  judgment  of  the  commissioner,  are
severe  enough to exhibit the need for a structured learning environment
of twelve months duration to maintain developmental  levels,  by  making
such  appointments  for twelve months; provided that the initial term of
appointment of a student with a [handicapping condition] DISABILITY  who
is  the  minimum  age  eligible  for  such a state appointment shall not
commence during the months of July or August.

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

  S 60. Section 4408 of the education law, as amended by chapter  82  of
the laws of 1995, subdivision 1 as amended by section 32 and subdivision
3  as  amended  by  section  33 of part A-1 of chapter 58 of the laws of
2006, is amended to read as follows:
  S  4408.  Payment for July and August programs for students with disa-
bilities.   1. State aid.  The  commissioner  shall  make  payments  for
approved  July  and  August  programs  for students with disabilities in
accordance with this section in an amount equal to [eighty  percent  of]
THE  PRODUCT OF THE STATE PAYMENT, COMPUTED PURSUANT TO SUBDIVISION FIVE
OF THIS SECTION, AND the sum of the  approved  tuition  and  maintenance
rates  and the transportation expense for the current year enrollment of
students with disabilities ages  five  through  twenty-one  or  students
eligible for services during July and August pursuant to article [eight-
y-five,]  eighty-seven or eighty-eight of this chapter, where such costs
are determined pursuant to section forty-four hundred five of this arti-
cle, provided that the placement of such students was  approved  by  the
commissioner, if required. Such programs shall operate for six weeks and
shall  be funded for thirty days of service, provided, however, that the
observance of the legal holiday for Independence day  may  constitute  a
day  of  service. Upon certification by the school district in which the
student resides, that such services were provided, such payment shall be
made to the provider of such services, in accordance with the provisions
of subdivision three of this section.
  2. Chargeback to a municipality. Ten percent of the approved  cost  of
July  and  August  services  provided  pursuant to this section for each
student shall be a charge against the municipality in which the  parent,
or  person  in  parental  relationship  to such student, resided on July
first of the school year in which such services were provided. The comp-
troller shall deduct from any state funds which become due to a  munici-
pality  an  amount equal to such ten percent required in accordance with
this subdivision which amount shall be credited to the local  assistance
account  of the state education department as designated by the division
of the budget.
  3. Payment schedule. For aid payable in  the  [two  thousand  six--two
thousand seven] TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE school year AND
THEREAFTER,  moneys  appropriated  annually  to  the department from the
general fund - local assistance account under the elementary, middle and
secondary education program for July and August  programs  for  students
with disabilities, shall be used as follows: (i) for remaining base year
and prior school years obligations, PROVIDED THAT STATE AID PAYMENTS DUE
FOR SUCH PRIOR SCHOOL YEARS SHALL BE PAID WITHIN THE LIMIT OF THE APPRO-
PRIATION  DESIGNATED  FOR  SUCH  PURPOSE, AND PROVIDED FURTHER THAT EACH
ELIGIBLE CLAIM SHALL BE PAYABLE IN THE ORDER THAT IT HAS  BEEN  APPROVED
FOR  PAYMENT  BY  THE  COMMISSIONER, BUT IN NO CASE SHALL A SINGLE CLAIM
DRAW DOWN MORE THAN FORTY-FIVE PERCENT OF THE  APPROPRIATION  SO  DESIG-
NATED FOR A SINGLE YEAR, AND PROVIDED FURTHER THAT NO CLAIM SHALL BE SET
ASIDE  FOR  INSUFFICIENCY OF FUNDS TO MAKE A COMPLETE PAYMENT, BUT SHALL
BE ELIGIBLE FOR A PARTIAL PAYMENT IN  ONE  YEAR  AND  SHALL  RETAIN  ITS
PRIORITY  DATE STATUS FOR APPROPRIATIONS DESIGNATED FOR SUCH PURPOSES IN
FUTURE YEARS, (ii) for the purposes of subdivision four of this  section
for  schools  operated  under  articles eighty-seven and eighty-eight of
this chapter, OR ANY OTHER  PURPOSE  OF  SUCH  APPROPRIATION  EXCEPT  AS
DESIGNATED  IN  PARAGRAPH (I) OF THIS SUBDIVISION AND THIS PARAGRAPH and
(iii) notwithstanding any inconsistent provisions of this  chapter,  for
payments  made  pursuant  to  this section for current school year obli-
gations WITHIN THE LIMIT OF THE AMOUNT OF THE  APPROPRIATION  DESIGNATED

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

FOR  SUCH PURPOSE THAT REMAINS AFTER PAYMENT OF CLAIMS PURSUANT TO PARA-
GRAPHS (I) AND (II) OF THIS SUBDIVISION, provided,  however,  that  such
payments  shall  not exceed seventy percent of the state aid due for the
sum  of  the  approved  tuition and maintenance rates and transportation
expense provided for herein; provided, however, that payment of eligible
claims shall be payable in the order that such claims have been approved
for payment by the commissioner, but in no case  shall  a  single  payee
draw down more than forty-five percent of the appropriation provided for
the  purposes  of this section, and provided further that no claim shall
be set aside for insufficiency of funds to make a complete payment,  but
shall be eligible for a partial payment in one year and shall retain its
priority  date  status  for  appropriations provided for this section in
future years.
  4. Of the amount so appropriated to the department for  the  July  and
August  programs  for  schools  operated under articles eighty-seven and
eighty-eight of this chapter, an amount  shall  be  transferred  to  the
special  revenue  funds  -  other, Batavia school for the blind and Rome
school for the deaf accounts, pursuant to a plan to be developed by  the
commissioner  and  approved  by  the director of the budget for students
with disabilities attending July and August programs  pursuant  to  this
section  at such schools pursuant to such articles. Such amount shall be
determined by the tuition and maintenance rates and the total number  of
students  with  disabilities  approved by the commissioner for placement
for the July and August program. The commissioner  shall  establish  the
methodology  for  computation  of such tuition and maintenance rates for
each school which shall take into  account  all  pertinent  expenditures
including  administration,  direct  care staff, nondirect care staff and
other than personal service costs.
  5. State [share] PAYMENT.  A.  FOR SCHOOL YEARS  COMMENCING  PRIOR  TO
JULY  FIRST,  TWO  THOUSAND  ELEVEN,  THE  STATE PAYMENT SHALL BE EIGHTY
PERCENT OF THE SUM OF SUCH APPROVED TUITION AND  MAINTENANCE  RATES  AND
TRANSPORTATION EXPENSE.
  B.  FOR  SCHOOL  YEARS COMMENCING ON OR AFTER JULY FIRST, TWO THOUSAND
ELEVEN, THE STATE PAYMENT SHALL BE EQUAL TO THE STATE SHARING RATIO  FOR
TOTAL  FOUNDATION  AID  COMPUTED  PURSUANT TO PARAGRAPH G OF SUBDIVISION
THREE OF SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS  CHAPTER  PLUS  TEN
PERCENT,  BUT SHALL NOT BE LESS THAN TWENTY PERCENT NOR MORE THAN NINETY
PERCENT.
  C. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO ALTER THE CHARGE-
BACK TO A MUNICIPALITY REQUIRED PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
SECTION.
  6.  MEDICAID ADJUSTMENT. In accordance with the provisions of subpara-
graph four of paragraph b  of  subdivision  one  of  section  thirty-six
hundred  nine-a  of  this  chapter  FOR SERVICES PROVIDED DURING THE TWO
THOUSAND EIGHT--TWO THOUSAND NINE AND PRIOR SCHOOL YEARS, any moneys due
the school district shall be reduced by an amount equal to fifty percent
of any federal participation, pursuant to title XIX of the social  secu-
rity  act,  in  special  education  programs  provided  pursuant to this
section.  FOR SERVICES PROVIDED DURING THE TWO THOUSAND NINE--TWO  THOU-
SAND TEN SCHOOL YEAR AND THEREAFTER, OR FOR SERVICES PROVIDED IN A PRIOR
SCHOOL  YEAR  THAT  WERE  NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL
FIRST, TWO THOUSAND ELEVEN, SUCH STATE SHARE  SHALL  BE  DESIGNATED  AND
TRANSFERRED  PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-B OF THIS CHAP-
TER.
  [6.] 7. Notwithstanding any other provision of law to the contrary, no
payments shall be made by the commissioner pursuant to this  section  on

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

or  after  July  first,  nineteen  hundred  ninety-six  based on a claim
submitted later than three years after the end of  the  school  year  in
which  services were rendered, provided however that no payment shall be
barred  or reduced where such payment is required as a result of a court
order or judgment or a final audit.
  S 61. Intentionally omitted.
  S 62. Paragraphs a and d of subdivision 1 of  section  4410-b  of  the
education law, as added by chapter 6 of the laws of 2000, are amended to
read as follows:
  a.  "Approved preschool special education program" shall mean a public
or private agency which has been  approved  by  the  commissioner  as  a
provider of special education programs or services to preschool students
with  disabilities  pursuant  to  subdivision nine of section forty-four
hundred ten of this article or A DEAF-INFANT PROGRAM  PROVIDED  pursuant
to article eighty-five of this chapter.
  d. "Public or private agency" shall mean an approved preschool special
education  program,  or  [a  state-supported] AN APPROVED PRIVATE school
[operating pursuant to article eighty-five] LISTED IN SUBDIVISION ONE OF
SECTION FORTY-TWO HUNDRED ONE of this chapter THAT PROVIDES  A  DEAF-IN-
FANT  PROGRAM,  or  an  approved  private non-residential or residential
school that provides special services or programs pursuant  to  subdivi-
sion  two  of  section forty-four hundred one of this article. Such term
shall not include an  individual  providing  related  services  only  to
preschool  students  with  disabilities  pursuant  to section forty-four
hundred ten of this article. Such term shall include a board of  cooper-
ative  educational  services  only  to  the  extent  it  is  an approved
preschool  special  education  program,  and  only  for  those  students
provided  special  education  programs  or  services pursuant to section
forty-four hundred ten of this article.
  S 63. Clause (b) of subparagraph (iii) of paragraph b  of  subdivision
11  of  section  4410 of the education law, as amended by chapter 205 of
the laws of 2009, is amended to read as follows:
  (b) Any moneys due  municipalities  pursuant  to  this  paragraph  for
services  provided during the two thousand nine--two thousand ten school
year and thereafter, OR FOR SERVICES PROVIDED IN  A  PRIOR  SCHOOL  YEAR
THAT  WERE  NOT  REIMBURSED  BY  THE STATE ON OR BEFORE APRIL FIRST, TWO
THOUSAND ELEVEN, shall, in the first  instance,  be  designated  as  the
state  share  of  moneys due a municipality pursuant to title XIX of the
social security act, on account of  school  supportive  health  services
provided  to  preschool  students  with  disabilities  pursuant  to this
section. Such state share shall be assigned on behalf of  municipalities
to  the  department of health, as provided herein; the amount designated
as such nonfederal share shall be transferred by the commissioner to the
department of health based on the monthly report of the commissioner  of
health  to  the commissioner; and any remaining moneys to be apportioned
to a municipality pursuant to this section shall be paid  in  accordance
with  this  section.  The  amount  to  be  assigned to the department of
health, as determined by the commissioner of  health,  for  any  munici-
pality shall not exceed the federal share of any moneys due such munici-
pality  pursuant  to title XIX of the social security act. Moneys desig-
nated as state share moneys shall be paid to such  municipality  by  the
department  of  health  based  on  the submission and approval of claims
related to  such  school  supportive  health  services,  in  the  manner
provided by law.

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

  S  64.  Subparagraph 4 of paragraph b of subdivision 4 of section 92-c
of the state finance law, as amended by section 46 of part B of  chapter
57 of the laws of 2007, is amended to read as follows:
  (4)  each  eligible school district shall be entitled to an additional
lottery grant equal to the result of multiplying  the  district's  total
aidable  FOUNDATION  pupil  units for the base year COMPUTED PURSUANT TO
PARAGRAPH G OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
ACT by:

                      Base Grant x (1 + aid ratio)

  Where, the base grant shall equal the sum of the net  total  available
moneys  after  making payments pursuant to subparagraphs (1), (2), (2-a)
and (3) above, plus an  amount  from  the  general  support  for  public
schools--  general  fund  local  assistance  account  equal  to the June
lottery payment, divided by the total aidable FOUNDATION pupil units  of
the state and where the Aid Ratio is equal to one minus the pupil wealth
ratio  of  the  district  as  such term is defined in section thirty-six
hundred two of the education law. In no case shall a school district aid
ratio exceed one (1) or be less than minus one (-1).
  S 65. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
41  of  part  A of chapter 57 of the laws of 2009, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this  section  [for the 2006-07 school year shall not exceed 64.7
percent of the lesser of such approvable costs per contact hour or  nine
dollars  and  twenty-five  cents  per  contact hour where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult, reimbursement for the 2007-08 school year shall not  exceed  63.3
percent  of the lesser of such approvable costs per contact hour or nine
dollars and ninety cents per contact hour where a contact  hour  repres-
ents  sixty  minutes  of  instruction  services  provided to an eligible
adult], reimbursement for the 2008-09 school year shall not exceed  62.8
percent  of  the lesser of such approvable costs per contact hour or ten
dollars and sixty-five cents per contact  hour  [where  a  contact  hour
represents sixty minutes of instruction services provided to an eligible
adult  and],  reimbursement for the 2009-10 school year shall not exceed
64.1 percent of the lesser of such approvable costs per contact hour  or
eleven  dollars  and  fifty cents per contact hour [where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult], REIMBURSEMENT FOR THE 2010-11 SCHOOL YEAR SHALL NOT EXCEED  62.6
PERCENT  OF  THE  LESSER  OF  SUCH  APPROVABLE COSTS PER CONTACT HOUR OR
TWELVE DOLLARS AND FIVE CENTS PER CONTACT HOUR AND REIMBURSEMENT FOR THE
2011-12 SCHOOL YEAR SHALL NOT EXCEED 62.9 PERCENT OF THE LESSER OF  SUCH
APPROVABLE  COSTS  PER  CONTACT  HOUR  OR TWELVE DOLLARS AND TWENTY-FIVE
CENTS PER CONTACT HOUR, WHERE A CONTACT HOUR REPRESENTS SIXTY MINUTES OF
INSTRUCTION SERVICES PROVIDED TO AN ELIGIBLE ADULT.  Notwithstanding any
other provision of law to the contrary, [for  the  2006-07  school  year
such  contact  hours  shall  not exceed one million nine hundred twenty-
three thousand seventy-six (1,923,076) hours; whereas  for  the  2007-08
school  year  such  contact  hours  shall  not  exceed one million eight
hundred thirty-seven thousand sixty (1,837,060) hours; whereas] for  the
2008-09 school year such contact hours shall not exceed one million nine
hundred  forty-six thousand one hundred seven (1,946,107) hours; whereas

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

for the 2009-10 school year such contact  hours  shall  not  exceed  one
million   seven   hundred   sixty-three   thousand  nine  hundred  seven
(1,763,907) hours; WHEREAS FOR THE  2010-11  SCHOOL  YEAR  SUCH  CONTACT
HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED TWENTY-FIVE THOUSAND ONE
HUNDRED  NINETY-EIGHT  (1,525,198) HOURS; WHEREAS FOR THE 2011-12 SCHOOL
YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED  NINE-
TY-THREE THOUSAND FIVE HUNDRED SIX (1,493,506) HOURS.
  Notwithstanding any other provision of law to the contrary, the appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed  as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
ble for aid in accordance with the provisions of such subdivision 11  of
section 3602 of the education law.
  S  66. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion p to read as follows:
  P. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF  PAYMENTS FOR THE 2011-2012 SCHOOL YEAR.  NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION  SHALL
WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
AND  SHALL  NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
($11,500,000).
  S 67. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, as amended by section 43 of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
  S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2010] 2012.
  S  68. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
relating to certain provisions related to the 1994-95 state  operations,
aid to localities, capital projects and debt service budgets, as amended
by section 44 of part A of chapter 57 of the laws of 2009, is amended to
read as follows:
  1.  Sections  one  through seventy of this act shall be deemed to have
been in full force and effect as of April  1,  1994  provided,  however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to  September  1,  1994,  and  provided
further  that  section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and  provided  further  that  sections  four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a  of  this  act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen,  seventeen,
twenty[,] AND twenty-two [and twenty-three] of this act shall expire and
be deemed repealed on March 31, [2011] 2013.
  S  69. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and certain other laws  relating  to
state  aid  to  school  districts and the appropriation of funds for the
support of government, as amended by section 45 of part A of chapter  57
of the laws of 2009, are amended to read as follows:

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

  (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act  shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2010] 2012 at which time it shall be deemed repealed;
  (24)  sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on  and  after
July 1, 1995; provided further, however, that the amendments made pursu-
ant  to  section  one hundred nineteen of this act shall be deemed to be
repealed on and after July 1, [2010] 2012;
  S 70. Section 2 of chapter 386 of  the  laws  of  1996,  amending  the
education  law  relating to providing for a waiver allowing state aid in
certain circumstances, as amended by chapter 661 of the laws of 2005, is
amended to read as follows:
  S 2. This  act  shall  take  effect  immediately,  provided  that  the
provisions  of  this  act shall be deemed to have been in full force and
effect on and after January 1, 1996[, and provided,  further  that  this
act shall be deemed repealed on and after January 1, 2011].
  S 71. Section 7 of chapter 472 of the laws of 1998 amending the educa-
tion  law  relating to the lease of school buses by school districts, as
amended by section 46 of part A of chapter 57 of the laws  of  2009,  is
amended to read as follows:
  S  7.  This  act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2011] 2013.
  S 72. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by chapter 179 of the laws
of 2009, is amended to read as follows:
  S 12. This act shall take effect on the same date as  chapter  180  of
the laws of 2000 takes effect, and shall expire July 1, [2010] 2012 when
upon such date the provisions of this act shall be deemed repealed.
  S  73.  Section  4  of  chapter  425 of the laws of 2002, amending the
education law relating to  the  provision  of  supplemental  educational
services,  attendance  at  a  safe  public  school and the suspension of
pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
amended  by  chapter  158  of  the  laws  of 2009, is amended to read as
follows:
  S 4. This act shall take effect July 1, 2002 and shall expire  and  be
deemed repealed June 30, [2010] 2012.
  S  74.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by chapter 158 of the laws of 2009,  is  amended  to
read as follows:
  S  5.  This  act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be  deemed  repealed  on
June 30, [2010] 2012.
  S 75. Intentionally omitted.
  S  76.  Section  23  of  chapter  169 of the laws of 1994, relating to
certain provisions related to  the  1994-95  state  operations,  aid  to
localities, capital projects and debt service budgets, is REPEALED.
  S  77.  Section  1 of chapter 665 of the laws of 1963, relating to the
Human Resources School, as amended by chapter 1060 of the laws  of  1974
and  subdivision  f  as  added  by  chapter  235 of the laws of 1990, is
amended to read as follows:
  Section 1. a. Whereas the state of New York is committed to the devel-
opment of educational programs for all of its pupils and  the  promotion

S. 2808--A                         57                         A. 4008--A

and  development  of  EDUCATIONAL  programs for [physically handicapped]
children WITH PHYSICAL DISABILITIES in public  school  classes  so  that
they may benefit from the many advantages inherent in group instruction.
  In  the  fulfillment of this commitment and notwithstanding any incon-
sistent provision of law,  the  legislature  does  hereby,  through  the
facility  known  as the [Human Resources] HENRY VISCARDI school, provide
for the instruction of [severely physically handicapped]  children  WITH
SEVERE  PHYSICAL DISABILITIES who prior to admission to such school have
been receiving home-instruction, attending out-of-state schools or  have
been  exempted  from  school  because their disability or combination of
disabilities is such to make them ineligible for or  unable  to  receive
instruction in regular schools.
  b.  The  [Human Resources] HENRY VISCARDI school shall be [the subject
of visitation of the commissioner of education to  the  same  extent  as
prescribed  for  those  schools]  AN APPROVED PRIVATE SCHOOL PURSUANT TO
ARTICLE 89 OF THE EDUCATION LAW  AS  set  forth  in  section  [forty-two
hundred  one]  4201 of the education law [and the commissioner of educa-
tion shall have the same duties toward the  Human  Resources  school  as
prescribed  in  sections forty-two hundred one and forty-two hundred two
of the education law].
  c. Each such severely physically [handicapped] DISABLED child received
into the [Human Resources] HENRY VISCARDI school shall, IN THE TWO THOU-
SAND TEN--TWO THOUSAND ELEVEN AND PRIOR SCHOOL YEARS, be  provided  with
tuition  and  the  directors or trustees of said [Human Resources] HENRY
VISCARDI school  shall  receive  an  appropriation  for  each  pupil  so
provided  for,  to  the same extent as that provided for the schools for
the deaf and blind as enumerated in section [forty-two hundred one] 4201
of the education law and in the same manner  as  set  forth  in  section
forty-two  hundred  four of the education law except that in the case of
[Human Resources] THE HENRY VISCARDI school  no  payment  for  board  or
lodging shall be provided.
  [The  commissioner is authorized to transfer any funds appropriated by
the legislature for the Human Resources school to those funds  appropri-
ated  for  those  schools enumerated in section forty-two hundred one of
the education  law.  Thereafter,  the  commissioner  shall  include  the
expenses  anticipated  for the support of such severely physically hand-
icapped students attending the Human  Resources  school  in  the  budget
estimates,  submissions  and  appropriations  made  pursuant  to section
forty-two hundred four of the education law.]
  d. The  eligibility  requirements  for  pupils  attending  the  [Human
Resources] HENRY VISCARDI school shall extend to all severely physically
[handicapped] DISABLED children [who meet the residence and age require-
ments, subject to the waiver by the commissioner as set forth in section
forty-two  hundred  three  of the education law] AND OTHER STUDENTS WITH
DISABILITIES LAWFULLY ATTENDING PROGRAMS  OFFERED  BY  SUCH  SCHOOL  AND
APPROVED BY THE COMMISSIONER OF EDUCATION.
  e.  [The  term of instruction for pupils in the Human Resources school
shall be the same as that  set  forth  in  subdivision  two  of  section
forty-two hundred four of the education law.
  f.]  In  the event that the name "Human Resources School" as set forth
herein is changed, the provisions hereof shall apply to such  school  as
renamed.
  S  78.  Subdivision 2 of section 1676 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
  APPROVED PRIVATE NON-PROFIT SCHOOLS FOR THE DEAF AND  BLIND  OR  OTHER
STUDENTS  WITH  DISABILITIES  AS  LISTED  IN  SUBDIVISION ONE OF SECTION

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

FORTY-TWO HUNDRED ONE OF THE EDUCATION LAW  WHICH  IS  APPROVED  BY  THE
COMMISSIONER  OF EDUCATION TO PROVIDE SERVICES TO SUCH STUDENTS PURSUANT
TO ARTICLE EIGHTY-NINE OF THE EDUCATION LAW.
  S  79.  Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
  APPROVED PRIVATE NON-PROFIT SCHOOLS FOR THE DEAF AND  BLIND  OR  OTHER
STUDENTS  WITH  DISABILITIES  AS  LISTED  IN  SUBDIVISION ONE OF SECTION
FORTY-TWO HUNDRED ONE OF THE EDUCATION LAW  WHICH  IS  APPROVED  BY  THE
COMMISSIONER  OF EDUCATION TO PROVIDE SERVICES TO SUCH STUDENTS PURSUANT
TO ARTICLE EIGHTY-NINE OF THE EDUCATION LAW.
  S 80. Section 1680 of the public authorities law is amended by  adding
a new subdivision 41 to read as follows:
  41.  A.  THE  DORMITORY  AUTHORITY MAY ENTER INTO LEASES, SUBLEASES OR
OTHER AGREEMENTS WITH APPROVED PRIVATE NON-PROFIT SCHOOLS, AS DEFINED IN
THIS SUBDIVISION, FOR THE FINANCING OF  AND  THE  DESIGN,  CONSTRUCTION,
RECONSTRUCTION,  REHABILITATION, IMPROVEMENT, RENOVATION, ACQUISITION OR
OTHERWISE PROVIDING FOR, FURNISHING OR EQUIPPING OF  CAPITAL  FACILITIES
WHICH  ARE EDUCATIONAL FACILITIES WHERE THE TOTAL ESTIMATED COST OF SUCH
FACILITIES EXCEEDS TEN THOUSAND DOLLARS. THE PLANS AND SPECIFICATIONS OF
SUCH CAPITAL FACILITIES SHALL BE SUBJECT TO THE APPROVAL OF THE  COMMIS-
SIONER OF EDUCATION WITH RESPECT TO EDUCATIONAL FACILITIES. SUCH CAPITAL
FACILITIES  MAY  BE  CONSTRUCTED  ONLY  ON  LAND  OWNED  BY SUCH PRIVATE
NOT-FOR-PROFIT SCHOOL OR, IF THE LAND IS LEASED, WHERE THE LEASE IS  FOR
A PERIOD AT LEAST EQUAL TO THE APPROPRIATE PERIOD OF PROBABLE USEFULNESS
FOR SUCH FACILITIES AS LISTED IN SECTION 11.00 OF THE LOCAL FINANCE LAW,
OR  THE LENGTH OF THE LEASE, SUBLEASE OR OTHER AGREEMENT WITH THE DORMI-
TORY AUTHORITY, WHICHEVER IS LONGER.
  B. FOR PURPOSES OF THIS SUBDIVISION, AN "APPROVED  PRIVATE  NON-PROFIT
SCHOOL" MEANS AN APPROVED PRIVATE SCHOOL FOR THE INSTRUCTION OF THE DEAF
AND BLIND AND OTHER STUDENTS WITH DISABILITIES LISTED IN SUBDIVISION ONE
OF  SECTION FORTY-TWO HUNDRED ONE OF THE EDUCATION LAW WHICH IS APPROVED
BY THE COMMISSIONER OF EDUCATION TO PROVIDE SERVICES  TO  SUCH  STUDENTS
PURSUANT TO ARTICLE EIGHTY-NINE OF THE EDUCATION LAW.
  C.  EACH  SUCH  PRIVATE  NON-PROFIT  SCHOOL SHALL, NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, HAVE THE POWER TO  CONVEY,  LEASE,  SUBLEASE  OR
OTHERWISE  MAKE  AVAILABLE  TO THE DORMITORY AUTHORITY WITHOUT CONSIDER-
ATION, TITLE OR ANY OTHER RIGHTS IN REAL PROPERTY  SATISFACTORY  TO  THE
DORMITORY AUTHORITY.
  D. IN ADDITION TO PROVIDING FOR ALL OTHER MATTERS DEEMED NECESSARY AND
PROPER,  SUCH  LEASES,  SUBLEASES AND OTHER AGREEMENTS SHALL (1) REQUIRE
SUCH PRIVATE NON-PROFIT SCHOOL TO PAY TO THE DORMITORY AUTHORITY  ANNUAL
RENTALS  WHICH SHALL INCLUDE THE AMOUNT REQUIRED TO PAY THE PRINCIPAL OF
AND INTEREST  ON  OBLIGATIONS  OF  THE  DORMITORY  AUTHORITY  ISSUED  IN
RELATION TO PROVIDING SUCH FACILITIES AND ALL INCIDENTAL EXPENSES OF THE
DORMITORY  AUTHORITY  INCURRED  IN  RELATION  THERETO,  (2)  REQUIRE THE
PRIVATE NON-PROFIT SCHOOL TO INCLUDE AN AMOUNT SUFFICIENT  TO  MEET  ITS
OBLIGATIONS  UNDER  THE  LEASE,  SUBLEASE  OR  OTHER  AGREEMENT  IN EACH
PROPOSED BUDGET SUBMITTED DURING THE TERM  OF  THE  LEASE,  SUBLEASE  OR
OTHER  AGREEMENT,  AND (3) NOT BE EXECUTED UNTIL SUCH CAPITAL FACILITIES
ARE APPROVED BY THE COMMISSIONER OF EDUCATION  WITH  RESPECT  TO  EDUCA-
TIONAL FACILITIES.
  E.  TITLE  OR  OTHER  REAL  PROPERTY  RIGHTS TO THE CAPITAL FACILITIES
FINANCED PURSUANT TO  THIS  SECTION  SHALL  REMAIN  WITH  THE  DORMITORY
AUTHORITY UNTIL THE DORMITORY AUTHORITY CERTIFIES TO THE COMMISSIONER OF
EDUCATION WITH RESPECT TO EDUCATIONAL FACILITIES AND THE COMPTROLLER THE
RECEIPT  BY IT OF THE AMOUNT NECESSARY TO PAY THE TOTAL AGGREGATE AMOUNT

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

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

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

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

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

PROVISION,  FURNISHING  OR  EQUIPPING  OF  CAPITAL FACILITIES; PROVIDED,
HOWEVER, THAT COMMENCING JULY FIRST, TWO THOUSAND ELEVEN, THE AMOUNT  OF
BONDS  INCLUSIVE  OF PRINCIPAL, INTEREST AND ISSUANCE COSTS TO BE ISSUED
FOR EACH INDIVIDUAL LEASE, SUBLEASE, OR OTHER AGREEMENT SHALL NOT EXCEED
SUCH LIMITS AS ESTABLISHED IN SECTION FOUR HUNDRED SEVEN-B OF THE EDUCA-
TION  LAW;  AND PROVIDED FURTHER THAT THE TOTAL AMOUNT OF SUCH BONDS FOR
ALL SUCH  LEASES,  SUBLEASES,  OR  AGREEMENTS  WITH  PRIVATE  NON-PROFIT
SCHOOLS EXCLUSIVE OF BONDS FOR PROJECTS ALREADY APPROVED BY THE DIVISION
OF BUDGET AS OF SUCH DATE SHALL NOT EXCEED LIMITS AS ESTABLISHED IN SUCH
SECTION FOUR HUNDRED SEVEN-B.
  K.  ON  OR  BEFORE  SEPTEMBER  FIRST OF EACH YEAR, THE COMMISSIONER OF
EDUCATION SHALL SUBMIT TO THE CHAIRS OF  THE  ASSEMBLY  WAYS  AND  MEANS
COMMITTEE,  THE SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE BUDGET,
A CAPITAL PLAN FOR THOSE PROJECTS EXPECTED  TO  BE  BONDED  FOR  PRIVATE
NON-PROFIT  SCHOOLS  PURSUANT  TO THIS SECTION. AFTER APPLICATION OF THE
PRINCIPLES OF THE CAPITAL ASSETS PRESERVATION PROGRAM PURSUANT TO EDUCA-
TION LAW, SUCH PLAN SHALL ACCORD PRIORITY TO HEALTH AND SAFETY CONSIDER-
ATIONS AND SHALL SPECIFY THE NAME, LOCATION, ESTIMATED TOTAL COST OF THE
PROJECT AT THE TIME THE PROJECT IS TO BE BID, THE ANTICIPATED  BID  DATE
AND  THE  ANTICIPATED COMPLETION DATE AND MAY CONTAIN ANY FURTHER RECOM-
MENDATIONS THE COMMISSIONER MAY DEEM APPROPRIATE.
  S 81. Section 6-p of the general municipal law is amended by adding  a
new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE GOVERN-
ING BOARD OF A SCHOOL DISTRICT MAY, DURING THE TWO THOUSAND  ELEVEN--TWO
THOUSAND TWELVE SCHOOL YEAR, AUTHORIZE A WITHDRAWAL FROM THIS FUND IN AN
AMOUNT NOT TO EXCEED THE LESSER OF: (A) THE DOLLAR VALUE OF EXCESS FUND-
ING  IN  THE  FUND  AS DETERMINED BY THE COMPTROLLER PURSUANT TO SECTION
THIRTY-THREE OF THIS CHAPTER OR (B) THE AMOUNT OF THE SCHOOL  DISTRICT'S
GAP  ELIMINATION  ADJUSTMENT AS CALCULATED BY THE COMMISSIONER OF EDUCA-
TION PURSUANT TO PARAGRAPH E OF SUBDIVISION ONE  OF  SECTION  THIRTY-SIX
HUNDRED  NINE-A  OF  THE EDUCATION LAW. FUNDS WITHDRAWN PURSUANT TO THIS
SUBDIVISION MAY ONLY BE USED FOR THE PURPOSE OF MAINTAINING  EDUCATIONAL
PROGRAMMING  DURING  THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR WHICH OTHERWISE WOULD HAVE BEEN REDUCED AS A  RESULT  OF  SUCH  GAP
ELIMINATION  ADJUSTMENT.  GOVERNING  BOARDS WHICH MAKE SUCH A WITHDRAWAL
SHALL SUBMIT, IN A FORM PRESCRIBED BY  THE  COMMISSIONER  OF  EDUCATION,
RELEVANT  INFORMATION  ABOUT THE WITHDRAWAL, WHICH SHALL INCLUDE BUT NOT
BE LIMITED TO, THE AMOUNT OF SUCH WITHDRAWAL, THE  DATE  OF  WITHDRAWAL,
AND THE USE OF SUCH WITHDRAWN FUNDS.
  S 82. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2011-2012 school year, the commissioner of education shall  allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative education services pursuant to sections 3650-a,  3650-b  and
3650-c of the education law, or for contracts directly with not-for-pro-
fit  educational  organizations  for  the purposes of this section. Such
payments shall not exceed four hundred thousand dollars  ($400,000)  per
school year.
  S  83.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by the chapter of the laws of 2011  enacting
the  local assistance budget shall be apportioned for the 2011--12 state
fiscal year in accordance with the provisions of sections 271, 272, 273,
282, 284, and 285 of the education law as amended by the  provisions  of
this  chapter  and the provisions of this section, provided that library
construction aid pursuant to section 273-a of the  education  law  shall

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

not  be  payable  from  the  appropriations  for  the  support of public
libraries and provided  further  that  no  library,  library  system  or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding any other provision of law to the contrary the  moneys
appropriated for the support of public libraries for the year 2011--2012
by  a  chapter  of the laws of 2011 enacting the local assistance budget
shall fulfill the state's obligation to provide such aid  and,  pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant  to  such  appropriations  shall  be reduced proportionately to
assure that the total amount of aid payable does not  exceed  the  total
appropriations for such purpose.
  S  84.  Special apportionment for salary expenses.  a. Notwithstanding
any other provision of law, upon  application  to  the  commissioner  of
education,  not  sooner  than  the first day of the second full business
week of June, 2012 and not later than the last day  of  the  third  full
business  week  of  June, 2012, a school district eligible for an appor-
tionment pursuant to section 3602 of the education law shall be eligible
to receive an apportionment pursuant to this  section,  for  the  school
year  ending June 30, 2012, for salary expenses incurred between April 1
and June 30, 2012 and such apportionment shall not exceed the sum of (i)
the deficit reduction assessment of 1990-91 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city  with  a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such  amount  for  a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants  accord-
ing  to  the  latest  federal  census  plus (iv) the net gap elimination
adjustment for 2010-2011, as determined by the commissioner of education
pursuant to paragraph e of subdivision 1 of section 3609-a of the educa-
tion law as in effect through June 30, 2011, and provided  further  that
such  apportionment shall not exceed such salary expenses. Such applica-
tion 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 inhab-
itants, 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.

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

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followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 86. a. Notwithstanding any other law,  rule  or  regulation  to  the
contrary,  any moneys appropriated to the state education department may
be suballocated to other state departments or agencies,  as  needed,  to
accomplish the intent of the specific appropriations contained therein.
  b.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from  the  general
fund/aid  to  localities,  local  assistance  account-001,  shall be for
payment of financial assistance, as  scheduled,  net  of  disallowances,
refunds, reimbursement and credits.
  c.  Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education  department  for  aid  to
localities shall be available for payment of aid heretofore or hereafter
to  accrue  and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
  d. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to  the  state  education  department  for general
support for public schools may be interchanged with any  other  item  of
appropriation  for general support for public schools within the general
fund local assistance account office of  prekindergarten  through  grade
twelve education program.
  S 87. Notwithstanding the provision of any law, rule, or regulation to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its  geographic region may purchase from
such board for the  2011-12  school  year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  88.  The amounts specified in this section shall be a setaside from
the state funds which each such district is  receiving  from  the  total
foundation aid:
  a.  for  the  purpose  of the development, maintenance or expansion of
magnet schools or magnet school programs for the two  thousand  eleven--
two thousand twelve school year. To the city school district of the city
of  New  York there shall be paid forty-eight million one hundred seven-
ty-five thousand dollars ($48,175,000) including five  hundred  thousand
dollars  ($500,000)  for  the Andrew Jackson High School; to the Buffalo
city school district, twenty-one million  twenty-five  thousand  dollars
($21,025,000);  to  the  Rochester city school district, fifteen million
dollars ($15,000,000); to the Syracuse city  school  district,  thirteen
million  dollars  ($13,000,000);  to  the  Yonkers city school district,
forty-nine million five hundred thousand dollars, ($49,500,000); to  the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); to the Poughkeepsie city school district, two
million  four hundred seventy-five thousand dollars ($2,475,000); to the
Mount Vernon city school district, two million dollars ($2,000,000);  to
the  New  Rochelle  city  school  district, one million four hundred ten
thousand dollars ($1,410,000); to the Schenectady city school  district,
one  million  eight  hundred  thousand dollars ($1,800,000); to the Port
Chester city school district, one million  one  hundred  fifty  thousand
dollars  ($1,150,000);  to  the  White Plains city school district, nine

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

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all salary increases funded pursuant to this section shall be determined
by separate collective negotiations conducted pursuant to the provisions
and  procedures  of article 14 of the civil service law, notwithstanding
the  existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
  S 89. Severability. The provisions of this act shall be severable, and
if the application of  any  clause,  sentence,  paragraph,  subdivision,
section  or  part  of  this  act  to any person or circumstance shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of  this  act  or  remainder  thereof,  as the case may be, to any other
person or circumstance, but shall be confined in its  operation  to  the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  90.  This act shall take effect immediately; and shall be deemed to
have been in full force and effect on and after April 1, 2011, provided,
however, that:
  1. section five of this act shall take effect immediately and shall be
deemed to have been in full force and effect on and after July 1, 2006;
  2. section twenty-four of this act shall take effect  immediately  and
shall  be deemed to have been in full force and effect on and after July
1, 2007;
  3. sections seventy-two through seventy-four of this  act  shall  take
effect  immediately  and  shall be deemed to have been in full force and
effect on and after June 30, 2011;
  4. sections two, three, thirty-nine, sixty-five and sixty-six of  this
act  shall  take  effect immediately and shall be deemed to have been in
full force and effect on and after July 1, 2010;
  5. section twenty-eight of this act shall be deemed to  have  been  in
full force and effect on and after February 1, 2011;
  6.  sections  four, fifteen through seventeen, twenty-one, twenty-two,
twenty-five  through  twenty-seven,  thirty-five  through  thirty-eight,
forty-two  through  forty-four,  forty-six,  forty-nine  through  sixty,
sixty-two, sixty-four, seventy-six through eighty,  eighty-two,  eighty-
seven and eighty-eight of this act shall take effect July 1, 2011;
  7.  section sixty-seven of this act shall take effect immediately, and
shall be deemed to have been in full force and effect on and  after  the
effective  date  of  section  85  of part H of chapter 83 of the laws of
2002;
  8. section sixty-eight of this act shall be deemed  to  have  been  in
full  force and effect on and after the effective date of section 101 of
chapter 436 of the laws of 1997;
  9. section sixty-nine of this act shall take effect  immediately,  and
shall  be  deemed to have been in full force and effect as of the effec-
tive date of section 140 of chapter 82 of the laws of 1995;
  10. section seventy of this act  shall  take  effect  immediately  and
shall be deemed to have been in full force and effect on and after Janu-
ary 1, 2011;
  11.  section eighty-six of this act shall take effect immediately, and
shall be deemed to have been in full force and effect on and after April
1, 2010 and shall be deemed repealed on March 31, 2012;
  12. the amendments to subdivision 21-a of section 1604 of  the  educa-
tion  law  made by section eight of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith;

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  13. the amendments to subdivision 25 of section 1709 of the  education
law  made  by  section twelve of this act shall not affect the repeal of
such subdivision and shall be deemed repealed therewith;
  14.  the  amendments to subdivision 1 of section 2856 of the education
law made by section twenty-one of this act shall be subject to the expi-
ration and reversion of such subdivision pursuant to  subdivision  d  of
section  27  of  chapter  378 of the laws of 2007, as amended, when upon
such date the provisions of section twenty-two of this  act  shall  take
effect;
  15.  notwithstanding  the  provisions  of  article  5  of  the general
construction law, the provisions of subdivision 6 of section 4402 of the
education law, as amended by section fifty-eight of this act, are hereby
revived and shall continue in full force and effect as  such  provisions
existed  on  July 1, 2011; provided that the amendments to such subdivi-
sion 6 shall not affect the repeal of such subdivision;
  16. notwithstanding  the  provisions  of  article  5  of  the  general
construction  law, the provisions of subdivision b of section 2, section
4 of chapter 756 of the laws of 1992 relating to funding a  program  for
work force education conducted by the consortium for worker education in
New  York  city, as amended by sections sixty-five and sixty-six of this
act are hereby revived and shall continue in full force  and  effect  as
such provisions existed on June 30, 2010;
  17.  the  amendments  to  section 7 of chapter 472 of the laws of 1998
amending the education law relating to school buses by school  districts
made  by section seventy-one of this act shall not affect the expiration
of such section and shall be deemed to expire therewith;
  18. the amendments to section 12 of chapter 147 of the  laws  of  2001
amending the education law relating to conditional appointment of school
district,  charter school or BOCES employees made by section seventy-two
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith;
  19. notwithstanding  the  provisions  of  article  5  of  the  general
construction law, the provisions of section 4 of chapter 425 of the laws
of  2002 amending the education law relating to the provision of supple-
mental educational services, attendance at a safe public school and  the
suspension  of  pupils  who  bring  a firearm at a school, as amended by
section seventy-three of this act are hereby revived and shall  continue
in  full  force  and effect as such provisions existed on June 30, 2011;
and
  20. notwithstanding  the  provisions  of  article  5  of  the  general
construction law, the provisions of section 5 of chapter 101 of the laws
of  2003 amending the education law relating to implementation of the No
Child Left Behind Act of 2001, as amended  by  section  seventy-four  of
this  act are hereby revived and shall continue in full force and effect
as such provisions existed on June 30, 2011.

                                PART A-1

  Section 1. Subdivision 2 of section  701  of  the  education  law,  as
amended  by  section  8 of part L of chapter 405 of the laws of 1999, is
amended to read as follows:
  2. A text-book, for the purposes of this section shall mean:  (i)  any
book,  or  a book substitute, which shall include hard covered or paper-
back books, work books, or manuals and (ii) for expenses incurred  after
July  first,  nineteen  hundred  ninety-nine,  any  courseware  or other
content-based instructional materials in an electronic format,  as  such

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terms  are defined in the regulations of the commissioner, which a pupil
is required to use as a text, or  a  text-substitute,  in  a  particular
class  or program in the school he or she legally attends.  FOR EXPENSES
INCURRED  ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, A TEXT-BOOK SHALL
ALSO MEAN ITEMS OF EXPENDITURE THAT ARE ELIGIBLE  FOR  AN  APPORTIONMENT
PURSUANT  TO  SECTIONS  SEVEN  HUNDRED  ELEVEN,  SEVEN HUNDRED FIFTY-ONE
AND/OR SEVEN HUNDRED FIFTY-THREE OF THIS TITLE,  WHERE  SUCH  ITEMS  ARE
DESIGNATED  BY  THE SCHOOL DISTRICT AS ELIGIBLE FOR AID PURSUANT TO THIS
SECTION, PROVIDED, HOWEVER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH
EXPENSES SHALL NOT BE AIDABLE PURSUANT TO  ANY  OTHER  SECTION  OF  LAW.
Expenditures  aided  pursuant  to this section shall not be eligible for
aid pursuant to ANY OTHER section [seven hundred eleven or seven hundred
fifty-one] of [this chapter] LAW.   Courseware  or  other  content-based
instructional  materials  in  an electronic format included in the defi-
nition of textbook pursuant to this subdivision shall be subject to  the
same  limitations on content as apply to books or book substitutes aided
pursuant to this section.
  S 2. Subdivision 2 of section 711 of the education law,  as  added  by
chapter 53 of the laws of 1985, is amended to read as follows:
  2.  School  library  materials, for the purposes of this article shall
mean both audio/visual materials and printed materials that may  or  may
not  require magnification which meet all of the following criteria: (1)
materials which are catalogued and  processed  as  part  of  the  school
library  or  media  center for use by elementary and/or secondary school
children and teachers; (2) materials which with reasonable care and  use
may  be  expected  to  last  more than one year; and (3) materials which
would not be eligible for aid pursuant to sections seven hundred one and
seven hundred fifty-one of this [chapter] TITLE.  School library materi-
als meeting these criteria may include  (i)  hard  cover  and  paperback
books, periodicals, that is, publications which appear at regular inter-
vals of less than one year on a continuing basis for an indefinite peri-
od, documents other than books, pamphlets, musical scores, other printed
and  published  materials,  and  (ii)  for  school year nineteen hundred
eighty-six--eighty-seven and thereafter, audio/visual materials  includ-
ing  films, film strips, micro-film, sound recordings, processed slides,
transparencies, [kinescopies] KINESCOPES,  video  tapes,  maps,  charts,
globes,  pictorial  works,  including pictures and picture sets, reprod-
uctions, photographs, graphic works, and any other audio/visual  materi-
als  of  a  similar nature made.  FOR EXPENSES INCURRED ON OR AFTER JULY
FIRST, TWO THOUSAND ELEVEN, SCHOOL LIBRARY  MATERIALS  SHALL  ALSO  MEAN
ITEMS  OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, 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,  HOWEV-
ER,  THAT  IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES SHALL NOT BE
AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW.
  S 3. Subdivision 2 of section 751 of the education law, as amended  by
section  6  of  part  A of chapter 57 of the laws of 2009, is amended to
read as follows:
  2. A software program, for the purposes of this article shall mean (a)
a computer program which a pupil is required to use as a learning aid in
a particular class in the school the pupil legally attends, or  (b)  for
expenses incurred after July first, two thousand nine, any content-based
instructional  materials  in  an electronic format that are aligned with
state standards which are accessed or  delivered  through  the  internet
based  on  a  subscription  model.  Such electronic format materials may

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include a variety of media assets and learning tools,  including  video,
audio,  images,  teacher guides, and student access capabilities as such
terms are defined in the regulations of the commissioner.  FOR  EXPENSES
INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, A SOFTWARE PROGRAM
SHALL ALSO MEAN ITEMS OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTION-
MENT PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN AND/OR
SEVEN HUNDRED FIFTY-THREE OF THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED
BY  THE  SCHOOL  DISTRICT  AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION,
PROVIDED, HOWEVER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES
SHALL NOT BE AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW.
  S 4. Subdivision 1 of section 753 of the education law,  as  added  by
section  7-a  of Part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  1. In addition to any other apportionment under this chapter, a school
district shall be eligible for an apportionment under the provisions  of
this  section  for  approved  expenses  for (i) the purchase or lease of
micro and/or mini computer  equipment  or  terminals  for  instructional
purposes  or  (ii)  technology  equipment,  as defined in paragraph c of
subdivision two of this section, used  for  instructional  purposes,  or
(iii)  for  the repair of such equipment and training and staff develop-
ment for instructional purposes as provided  hereinafter,  OR  (IV)  FOR
EXPENSES INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, ANY ITEMS
OF  EXPENDITURE  THAT  ARE  ELIGIBLE  FOR  AN  APPORTIONMENT PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN  AND/OR  SEVEN  HUNDRED
FIFTY-ONE  OF  THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED BY THE SCHOOL
DISTRICT AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION, PROVIDED,  HOWEV-
ER,  THAT  IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES SHALL NOT BE
AIDABLE PURSUANT TO ANY OTHER  SECTION  OF  LAW.    Such  aid  shall  be
provided pursuant to a plan developed by the district which demonstrates
to  the satisfaction of the commissioner that the instructional computer
hardware needs of  the  district's  public  school  students  have  been
adequately met and that the school district has provided for the loan of
instructional  computer hardware to students legally attending nonpublic
schools pursuant to section seven hundred fifty-four  of  this  article.
The apportionment shall equal the lesser of such approved expense in the
base  year or, the product of (i) the technology factor, (ii) the sum of
the public school district enrollment and the nonpublic  school  enroll-
ment in the base year as defined in subparagraphs two and three of para-
graph  n  of  subdivision  one of section thirty-six hundred two of this
chapter, and (iii) the building aid ratio,  as  defined  in  subdivision
four  of section thirty-six hundred two of this chapter. For aid payable
in the two thousand seven--two thousand eight school year and  thereaft-
er, the technology factor shall be twenty-four dollars and twenty cents.
A school district may use up to twenty percent of the product of (i) the
technology factor, (ii) the sum of the public school district enrollment
and  the  nonpublic  school  enrollment  in  the base year as defined in
subparagraphs two and three of paragraph n of subdivision one of section
thirty-six hundred two of this chapter, and (iii) the building aid ratio
for the repair of instructional computer hardware and technology  equip-
ment  and  training  and  staff  development  for instructional purposes
pursuant to a plan submitted to the commissioner.
  S 5. This act shall take effect April 1, 2011.

                                 PART B

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

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

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

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

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

                                 PART C

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

                                 PART D

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state  fiscal  year. Each component is wholly contained within a Subpart

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

identified as Subparts A through D. The effective date for each  partic-
ular  provision  contained within such Subparts is set forth in the last
section of such Subpart. Any provision in any section contained within a
Subpart,  including  the  effective  date  of the Subpart, which makes a
reference to a section "of this act", when used in connection with  that
particular  component,  shall  be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section  three  of
this act sets forth the general effective date of this act.

                                SUBPART A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

NOR  THE  LOCALLY  SPONSORED  COMMUNITY COLLEGE SHALL TAKE ANY ACTION IN
SUCH MANNER AS TO IMPAIR OR DIMINISH THE  RIGHTS  AND  REMEDIES  OF  THE
AUTHORITY  PURSUANT  TO  ANY  SUCH PLEDGE AND ASSIGNMENT AND ANY LIEN OR
OTHER SECURITY INTEREST CREATED PURSUANT TO THIS PARAGRAPH.
  A  LOCALLY  SPONSORED  COMMUNITY COLLEGE, FOR THE ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT OF A  HOUS-
ING  UNIT,  INCLUDING ALL NECESSARY AND ATTENDANT AND RELATED FACILITIES
AND EQUIPMENT, FOR THE USE OF STUDENTS, MARRIED STUDENTS, FACULTY, STAFF
AND THE FAMILIES THEREOF AT SUCH LOCALLY SPONSORED COMMUNITY COLLEGE.
  S 8. Section 6304 of the education law is  amended  by  adding  a  new
subdivision 14 to read as follows:
  14.  A.  FOR  THE  PURPOSES  OF THIS SUBDIVISION, A "COMMUNITY COLLEGE
DORMITORY" SHALL MEAN  A  HOUSING  UNIT,  INCLUDING  ALL  NECESSARY  AND
ATTENDANT  AND  RELATED  FACILITIES  AND  EQUIPMENT  ACQUIRED, DESIGNED,
CONSTRUCTED, RECONSTRUCTED, REHABILITATED  AND  IMPROVED,  OR  OTHERWISE
PROVIDED   THROUGH  THE  DORMITORY  AUTHORITY  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THE DORMITORY AUTHORITY  ACT  FOR  THE  USE  OF  STUDENTS,
MARRIED STUDENTS, FACULTY, STAFF AND THE FAMILIES THEREOF AT A COMMUNITY
COLLEGE.
  B.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A COMMUNITY
COLLEGE IS AUTHORIZED TO TAKE SUCH ACTIONS AND TO ENTER INTO SUCH AGREE-
MENTS WITH THE DORMITORY AUTHORITY AS ARE NECESSARY  TO:  (I)  UNDERTAKE
THE  FINANCING,  REFINANCING,  ACQUISITION, DESIGN, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND  EQUIPPING  OF  A
COMMUNITY  COLLEGE  DORMITORY,  INCLUDING, BUT NOT LIMITED TO, PROVIDING
FOR THE LEASING OR OTHERWISE MAKING AVAILABLE TO THE DORMITORY AUTHORITY
REAL PROPERTY HELD BY THE LOCAL  SPONSOR  IN  TRUST  FOR  THE  USES  AND
PURPOSES OF THE COMMUNITY COLLEGE; OR (II) GRANT THE DORMITORY AUTHORITY
A  LIEN  ON ANY REVENUES OR PROPERTY OR ANY MONEYS TO BE RECEIVED BY THE
COMMUNITY COLLEGE DERIVED FROM  THE  OPERATIONS  OF  THE  PROJECT  BEING
FINANCED  TO  THE  EXTENT  THAT  SUCH  REVENUES,  PROPERTY OR MONEYS ARE
PLEDGED BY THE COMMUNITY COLLEGE TO THE DORMITORY  AUTHORITY  TO  SECURE
THE  PAYMENT  OF  ALL  AMOUNTS  OWED  TO THE AUTHORITY ON ACCOUNT OF ANY
COMMUNITY COLLEGE DORMITORY UNDERTAKEN  PURSUANT  TO  THIS  SUBDIVISION;
PROVIDED,  FURTHER,  THAT ANY SUCH AGREEMENTS MAY PROVIDE THAT THE OBLI-
GATION OF THE COMMUNITY COLLEGE TO MAKE RENTAL OR OTHER PAYMENTS TO  THE
DORMITORY  AUTHORITY SHALL CONSTITUTE A GENERAL OBLIGATION OF THE COMMU-
NITY COLLEGE PAYABLE FROM ALL MONIES LEGALLY AVAILABLE TO THE  COMMUNITY
COLLEGE (INCLUDING AMOUNTS PROVIDED FOR OPERATING AID BY THE LOCAL SPON-
SOR  OR SPONSORS TO THE COMMUNITY COLLEGE PURSUANT TO SUBDIVISION ONE OF
THIS SECTION OR AMOUNTS PROVIDED FOR OPERATING AID BY THE STATE  TO  THE
COMMUNITY  COLLEGE);  AND PROVIDED FURTHER, THAT ALL WORK PERFORMED ON A
COMMUNITY COLLEGE DORMITORY  UNDERTAKEN  PURSUANT  TO  THIS  SUBDIVISION
WHERE  ALL  OR  ANY  PORTION  THEREOF  INVOLVES A LEASE OR AGREEMENT FOR
CONSTRUCTION, DEMOLITION,  RECONSTRUCTION,  EXCAVATION,  REHABILITATION,
REPAIR,  RENOVATION,  ALTERATION  OR  IMPROVEMENT SHALL BE DEEMED PUBLIC
WORK AND SHALL BE SUBJECT  TO  AND  PERFORMED  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  ARTICLE EIGHT OF THE LABOR LAW TO THE SAME EXTENT AND IN
THE SAME MANNER AS A CONTRACT OF THE STATE AND THE CONTRACTORS  PERFORM-
ING  SUCH  WORK  SHALL  ALSO BE DEEMED A STATE AGENCY FOR THE PURPOSE OF
ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND SUBJECT TO THE PROVISIONS  OF
SUCH  ARTICLE, AND SHALL BE SUBJECT TO A COMPETITIVE PROCESS. COMPLIANCE
WITH ALL THE PROVISIONS OF ARTICLE EIGHT  OF  THE  LABOR  LAW  SHALL  BE
REQUIRED  OF  ANY LESSEE, SUBLESSEE, CONTRACTOR, OR SUBCONTRACTOR ON THE
PROJECT.   ALL STATE  AND  LOCAL  OFFICERS  ARE  HEREBY  AUTHORIZED  AND
REQUIRED  TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED TO THE DORMITORY

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

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

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

ICATE OF THE DORMITORY AUTHORITY AND NOTICE TO THE DIRECTOR OF THE BUDG-
ET IS GIVEN, WHETHER OR NOT THE MONEYS FROM WHICH SUCH PAYMENT IS TO  BE
MADE  ARE  THEN  DUE  AND  PAYABLE  TO  THE  LOCALLY SPONSORED COMMUNITY
COLLEGE. THE AMOUNT OF STATE APPROPRIATIONS PAYABLE TO THE LOCALLY SPON-
SORED  COMMUNITY  COLLEGE  FROM  WHICH  THE STATE COMPTROLLER HAS MADE A
PAYMENT PURSUANT TO THIS PARAGRAPH SHALL BE REDUCED  BY  THE  AMOUNT  SO
PAID TO THE DORMITORY AUTHORITY, NOTWITHSTANDING THE AMOUNT APPROPRIATED
AND APPORTIONED BY THE STATE TO THE LOCALLY SPONSORED COMMUNITY COLLEGE,
AND  THE  STATE SHALL NOT BE OBLIGATED TO MAKE AND THE LOCALLY SPONSORED
COMMUNITY COLLEGE SHALL NOT BE ENTITLED TO RECEIVE ANY ADDITIONAL APPOR-
TIONMENT OR PAYMENT OF STATE MONEYS. NOTHING CONTAINED IN THIS  SUBDIVI-
SION SHALL BE CONSTRUED TO CREATE AN OBLIGATION UPON THE STATE TO APPRO-
PRIATE  MONEYS  FOR  OR ON ACCOUNT OF THE OPERATING COSTS OF THE LOCALLY
SPONSORED COMMUNITY COLLEGE, TO PRECLUDE THE  STATE  FROM  REDUCING  THE
AMOUNT OF MONEYS APPROPRIATED OR LEVEL OF SUPPORT PROVIDED FOR THE OPER-
ATING  COSTS  OF THE LOCALLY SPONSORED COMMUNITY COLLEGE FROM THE AMOUNT
APPROPRIATED OR LEVEL OF SUPPORT PROVIDED IN ANY PRIOR FISCAL  YEAR,  OR
TO  PRECLUDE THE STATE FROM ALTERING OR MODIFYING THE MANNER IN WHICH IT
PROVIDES FOR THE OPERATING COSTS  OF  THE  LOCALLY  SPONSORED  COMMUNITY
COLLEGE.
  D.  THE  PROVISIONS  OF  THIS  SUBDIVISION SHALL BE IN ADDITION TO ANY
AUTHORIZATION CONTAINED IN THIS TITLE GOVERNING THE PROVISION OF FACILI-
TIES BY THE DORMITORY AUTHORITY FOR THE LOCAL SPONSOR OF A LOCALLY SPON-
SORED COMMUNITY COLLEGE, AND ALL PROVISIONS OF THIS TITLE NOT INCONSIST-
ENT WITH THE PROVISIONS OF THIS SUBDIVISION  SHALL  BE  APPLICABLE  WITH
RESPECT  TO  ANY  BONDS  OF THE AUTHORITY ISSUED TO OBTAIN FUNDS FOR ANY
PURPOSE AUTHORIZED UNDER THIS SUBDIVISION FOR THE BENEFIT OF  A  LOCALLY
SPONSORED COMMUNITY COLLEGE AND WITH RESPECT TO THE POWERS OF THE DORMI-
TORY AUTHORITY.
  S  10.  Subdivision  12  of  section 3 of the public buildings law, as
amended by section 48 of part T of chapter 57 of the laws  of  2007,  is
amended to read as follows:
  12. Lease from time to time buildings, rooms or premises in the county
of  Albany,  and  elsewhere as required, for providing space for depart-
ments, commissions, boards and officers of the  state  government,  upon
such  terms  and  conditions as he or she deems most advantageous to the
state. Any such lease shall, however, be for a term  not  exceeding  ten
years,  but  may provide for optional renewals on the part of the state,
for terms of ten years or less. Each such lease shall contain  a  clause
stating that the contract of the state thereunder shall be deemed execu-
tory only to the extent of moneys available therefor and that no liabil-
ity  shall  be incurred by the state beyond the money available for such
purpose. Notwithstanding the provisions of any other law, except section
sixteen hundred seventy-six of the public authorities  law  relating  to
use  of  dormitory authority facilities by the aged, the commissioner of
general services shall have sole and exclusive authority to lease  space
for state departments, agencies, commissions, boards and officers, OTHER
THAN  THE STATE UNIVERSITY OF NEW YORK, within the county of Albany. Any
buildings, rooms or premises, now or hereafter held by the  commissioner
of  general  services  under  lease, may be sublet, in part or in whole,
provided that in the judgment of the  commissioner,  and  the  occupying
department,  commission,  board,  and  officers of the state government,
such buildings, rooms or premises are not for a time needed.
  S 11. This act shall take effect immediately; provided, however,  that
sections  one  through  nine  of  this  act  shall  expire and be deemed
repealed June 30, 2016, and provided, further, that  the  amendments  to

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subdivision  12 of section 3 of the public buildings law made by section
ten of this act shall take effect on the same date as the  reversion  of
such  subdivision  as provided in subdivision 4 of section 27 of chapter
95 of the laws of 2000, as amended.

                                SUBPART B

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

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

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

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

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

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  S 9. This act shall take effect immediately and shall  expire  and  be
deemed repealed June 30, 2016.

                                SUBPART C

  Section  1.    Subdivision  16 of section 355 of the education law, as
added by chapter 363 of the laws of 1998, is amended to read as follows:
  16. Subject to laws and regulations applicable to the state university
as a health care provider the state university trustees may:
  a. Notwithstanding  section  one  hundred  sixty-three  of  the  state
finance  law  AND  SECTION  SIXTY-THREE  OF THE EXECUTIVE LAW, authorize
[contracts for] a state university health  care  facility  [for  partic-
ipation] TO CREATE AND/OR PARTICIPATE in managed care networks and other
joint   and   cooperative   arrangements   with   public,   [non-profit]
NOT-FOR-PROFIT or FOR PROFIT business entities, INCLUDING JOINT  VENTUR-
ERS,  NOT-FOR-PROFIT  OR  FOR  PROFIT  CORPORATIONS, PROFESSIONAL CORPO-
RATIONS, AND LIMITED LIABILITY  COMPANIES,  including  entering  into  a
maximum  of  twenty  network  arrangements  per year, as partners, JOINT
VENTURERS, members of [non-profit] NOT-FOR-PROFIT corporations,  MEMBERS
OF  LIMITED  LIABILITY  COMPANIES  and  shareholders  of business corpo-
rations, and the provision of management and administrative services  by
or  for  state  university. Any contract for the provision of management
services shall be subject to any provision of the public health law  and
health  regulations  applicable to the state university as a health care
provider, including any review by the commissioner of health pursuant to
10 NYCRR section 405.3(f). In addition, the commissioner of health shall
provide for public comment within thirty days of  a  submission  of  any
management  contract required to be reviewed pursuant to regulation. The
trustees may also authorize contracts, including [capitation] RISK-SHAR-
ING contracts, for a state  university  health  care  facility  for  the
provision  of  general comprehensive and specialty health care services,
directly or through contract with other service providers  or  entities,
including  state  university  employees  or  entities comprised thereof.
Contracts authorized hereunder shall be:
  (1) consistent with trustee guidelines respecting all terms and condi-
tions necessary and appropriate for  managed  care  NETWORKS  and  other
[network,]  joint  or  cooperative  arrangements,  including  GUIDELINES
GOVERNING THE AWARDING OF SUCH  CONTRACTS,  guidelines  for  comparative
review where appropriate, AND CONFLICT-OF-INTEREST GUIDELINES;
  (2) subject to laws and regulations applicable to the state university
as  a  health care provider, including with respect to rates and certif-
icates of need; and
  (3) subject to article fourteen of  the  civil  service  law  and  the
applicable  provisions  of  agreements  between  the  state and employee
organizations pursuant to article fourteen of the civil service law.
  b. (1) Notwithstanding the provisions of [subdivision two  of  section
one  hundred  twelve  of  the  state  finance law relating to the dollar
threshold requiring the comptroller's approval of contracts and]  SUBDI-
VISION TWO OF SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW RELAT-
ING TO THE COMPTROLLER'S APPROVAL OF CONTRACTS FOR SERVICES AND subdivi-
sion six of section one hundred sixty-three of the state finance law AND
SECTION  SIXTY-THREE  OF  THE EXECUTIVE LAW, authorize contracts for the
purchase of goods and services for state university health care  facili-
ties WITHOUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY:
  [(1)]  (A)  for any contract [which does not exceed seventy-five thou-
sand dollars] FOR GOODS OR SERVICES OR FOR ANY REVENUE CONTRACT; or

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

                                SUBPART D

  Section 1. The board of trustees of the state university of  New  York
and  the city university of New York shall report every January first to

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

                                 PART E

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

                                 PART F

  Section 1. Subdivision 1 of section  663  of  the  education  law,  as
amended  by  section  1  of part F of chapter 57 of the laws of 2009, is
amended to read as follows:
  1. Income defined. Except  as  otherwise  provided  in  this  section,
"income"  shall  be  the  total  of  the combined net taxable income and
income from pensions of New York state,  local  governments  [and],  the
federal government AND ANY PRIVATE EMPLOYER of the applicant, the appli-
cant's  spouse,  and  the applicant's parents, INCLUDING ANY PENSION AND
ANNUITY INCOME EXCLUDED FOR PURPOSES OF TAXATION PURSUANT  TO  PARAGRAPH
THREE-A  OF SUBSECTION (C) OF SECTION SIX HUNDRED TWELVE OF THE TAX LAW,
as reported in New York state income tax returns for the  calendar  year
next  preceding  the  beginning of the school year for which application
for assistance is made, except that any amount received by an  applicant
as a scholarship at an educational institution or as a fellowship grant,

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including  the  value  of contributed services and accommodations, shall
not be included within the definition of "income" for  the  purposes  of
this  article.  The  term "parent" shall include birth parents, steppar-
ents,  adoptive parents and the spouse of an adoptive parent. Income, if
not a whole dollar amount, shall be assumed to  be  equal  to  the  next
lowest  whole  dollar  amount.  Any change in the status of an applicant
with regard to the  persons  responsible  for  the  applicant's  support
occurring after the beginning of any semester shall not be considered to
change the applicant's award for that semester.
  S 2. This act shall take effect July 1, 2011.

                                 PART G

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

                                 PART H

  Section 1. Subclause 1 of clause (A) of subparagraph (i) of  paragraph
a  of  subdivision  3 of section 667 of the education law, as amended by
section 1 of part B of chapter 60 of the laws of  2000,  is  amended  to
read as follows:
  (1)  In the case of students who have not been granted an exclusion of
parental income or had a dependent for income tax  purposes  during  the
tax year next preceding the academic year for which application is made,
EXCEPT  FOR  THOSE  STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL
INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT:
  (a) For students first receiving aid after  nineteen  hundred  ninety-
three--nineteen  hundred  ninety-four and before two thousand--two thou-
sand one, four thousand one hundred twenty-five dollars; or
  (b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen hundred ninety-four or earlier, three  thousand  five  hundred
seventy-five dollars; or
  (c)  For students first receiving aid in [the] two thousand--two thou-
sand one and thereafter, five thousand dollars.
  S 2. Subclause 2 of clause (A) of subparagraph (i) of paragraph  a  of
subdivision 3 of section 667 of the education law, as amended by section
1  of  part  B  of chapter 60 of the laws of 2000, is amended to read as
follows:

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

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

Amount of income                    Schedule of reduction
                                    of base amount

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

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

AMOUNT OF INCOME                    SCHEDULE OF REDUCTION
                                    OF BASE AMOUNT

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

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

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                                 PART I

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

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

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

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

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

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

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

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

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

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

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

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

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

and,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  S 3. Subdivision 6 of section 665 of the education law is  amended  by
adding a new paragraph d to read as follows:
  D. FOR PURPOSES OF PARAGRAPH C OF THIS SUBDIVISION, A REMEDIAL STUDENT
SHALL MEAN A STUDENT CARRYING A FULL-TIME PROGRAM: (A) WHOSE SCORES ON A
RECOGNIZED  COLLEGE PLACEMENT EXAM OR NATIONALLY RECOGNIZED STANDARDIZED
EXAM INDICATE THE NEED FOR REMEDIATION, AS CERTIFIED BY THE  APPROPRIATE
COLLEGE  OFFICIAL  AND APPROVED BY THE COMMISSIONER, AND WHO IS ENROLLED
IN UP TO NINE SEMESTER HOURS OF NON-CREDIT REMEDIAL COURSES, AS APPROVED
BY THE COMMISSIONER, IN THEIR FIRST TERM OF STUDY, AND UP TO SIX  SEMES-

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

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

                                 PART J

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

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

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

                                 PART K

  Section 1. Section 17 of chapter 31 of the laws of 1985, amending  the
education  law  relating to regents scholarships in certain professions,
as amended by section 1 of part I of chapter 57 of the laws of 2008,  is
amended to read as follows:
  S  17. This act shall take effect immediately; provided, however, that
the scholarship and loan forgiveness programs  established  pursuant  to
the  provisions  of  this  act shall terminate upon the granting of such
awards for the 2008-2009 school year PROVIDED, HOWEVER, THAT THE REGENTS
PHYSICIAN LOAN FORGIVENESS PROGRAM  ESTABLISHED  PURSUANT  TO  THIS  ACT
SHALL  NOT  TERMINATE  UNTIL THE GRANTING OF SUCH AWARDS FOR THE 2015-16
SCHOOL YEAR, PROVIDED THAT THE  FINAL  DISBURSEMENT  OF  ANY  MULTI-YEAR
AWARDS GRANTED IN SUCH SCHOOL YEAR SHALL BE PAID.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on the same  date  and  in  the  same
manner as part I of chapter 57 of the laws of 2008, takes effect.

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

                                 PART L

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

                                 PART M

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

                                 PART N

  Section  1. Paragraph (b) of subdivision 12 of section 425 of the real
property tax law, as added by section 1 of part B of chapter 389 of  the
laws  of  1997,  is  amended and a new paragraph (d) is added to read as
follows:
  (b) Procedure. The assessed value attributable to each such improperly
granted exemption shall be entered separately on the next ensuing tenta-
tive or final assessment roll. The provisions of  section  five  hundred
fifty-one  or  five hundred fifty-three of this chapter, relating to the
entry by the assessor of omitted real property on a tentative  or  final
assessment  roll,  shall  apply  so far as practicable to the revocation
procedure, except that the  tax  rate  to  be  applied  to  any  revoked
exemption  shall  be  the tax rate that was applied to the corresponding
assessment roll, AND THAT INTEREST SHALL THEN  BE  ADDED  TO  EACH  SUCH
PRODUCT  AT THE RATE PRESCRIBED BY SECTION NINE HUNDRED TWENTY-FOUR-A OF
THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLICABLE FOR  EACH  MONTH  OR
PORTION  THEREON  SINCE  THE  LEVY  OF TAXES UPON THE ASSESSMENT ROLL OR
ROLLS UPON WHICH THE EXEMPTION WAS GRANTED.
  (D) APPLICABILITY. THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  BE
APPLICABLE  TO  THE  EXTENT  THAT  THE  PRIOR EXEMPTIONS SHALL HAVE BEEN
RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE.

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

  S 2. The real property tax law is amended by adding a new section  496
to read as follows:
  S  496.  VOLUNTARILY RENUNCIATION OF AN EXEMPTION. 1. A PROPERTY OWNER
WHO WISHES TO GIVE UP HIS OR HER CLAIM TO AN EXEMPTION ON  ONE  OR  MORE
PRECEDING  ASSESSMENT  ROLLS  MAY  RENOUNCE  THE EXEMPTION IN THE MANNER
PROVIDED BY THIS SECTION.
  2. AN APPLICATION TO RENOUNCE AN EXEMPTION SHALL BE  MADE  ON  A  FORM
PRESCRIBED BY THE COMMISSIONER AND SHALL BE FILED WITH THE COUNTY DIREC-
TOR  OF  REAL PROPERTY TAX SERVICES NO LATER THAN TWENTY YEARS AFTER THE
LEVY OF TAXES UPON THE ASSESSMENT ROLL ON WHICH THE RENOUNCED  EXEMPTION
APPEARS.  THE  COUNTY  DIRECTOR,  AFTER  CONSULTING WITH THE ASSESSOR AS
APPROPRIATE, SHALL COMPUTE THE TOTAL  AMOUNT  OWED  ON  ACCOUNT  OF  THE
RENOUNCED EXEMPTION AS FOLLOWS:
  (A) FOR EACH ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION APPEARS,
THE ASSESSED VALUE THAT WAS EXEMPTED SHALL BE MULTIPLIED BY THE TAX RATE
OR  RATES THAT WERE APPLIED TO THAT ASSESSMENT ROLL. INTEREST SHALL THEN
BE ADDED TO EACH SUCH PRODUCT AT THE RATE  PRESCRIBED  BY  SECTION  NINE
HUNDRED TWENTY-FOUR-A OF THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLI-
CABLE  FOR  EACH  MONTH  OR PORTION THEREON SINCE THE LEVY OF TAXES UPON
SUCH ASSESSMENT ROLL.
  (B) THE SUM OF THE CALCULATIONS MADE PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION WITH RESPECT TO ALL OF  THE  ASSESSMENT  ROLLS  IN  QUESTION
SHALL BE DETERMINED.
  (C) A PROCESSING FEE OF FIVE HUNDRED DOLLARS SHALL BE ADDED TO THE SUM
DETERMINED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  3.  AFTER  COMPUTING  THE TOTAL AMOUNT DUE ON ACCOUNT OF THE RENOUNCED
EXEMPTION, THE COUNTY DIRECTOR SHALL RETURN THE FORM  TO  THE  APPLICANT
WITH  THE  TOTAL  AMOUNT DUE NOTED THEREON. A COPY OF SUCH FORM SHALL BE
PROVIDED TO THE ASSESSOR, AND IN THE CASE OF THE STAR EXEMPTION, TO  THE
COMMISSIONER.    WITHIN FIFTEEN DAYS AFTER THE MAILING OF SUCH FORM, THE
APPLICANT SHALL PAY THE TOTAL AMOUNT DUE AS SHOWN THEREON TO THE  COUNTY
TREASURER,  WHO  SHALL ISSUE A RECEIPT FOR SUCH PAYMENT. AFTER DEDUCTING
THE PROCESSING FEE, THE COUNTY TREASURER  SHALL  DISTRIBUTE  THE  AMOUNT
COLLECTED  AMONG  THE  AFFECTED  MUNICIPAL CORPORATIONS ACCORDING TO THE
TAXES AND INTEREST OWING TO EACH, PROVIDED THAT IN THE CASE OF THE  STAR
EXEMPTION  AUTHORIZED  BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTI-
CLE, THE AMOUNT COLLECTED, INCLUDING INTEREST,  SHALL  BE  PAID  TO  THE
STATE IN THE MANNER DIRECTED BY THE COMMISSIONER.
  4. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN A CITY
WITH  A POPULATION OF ONE MILLION OR MORE, AN EXEMPTION MAY BE RENOUNCED
ON A FORM PRESCRIBED BY THE COMMISSIONER  OF  FINANCE,  AND  THE  DUTIES
IMPOSED  BY THIS SECTION UPON THE COUNTY TREASURER SHALL BE PERFORMED BY
THE COMMISSIONER OF FINANCE.
  S 3. Paragraph (e) of subdivision 3 of section 550 of the real proper-
ty tax law, as added by chapter 160 of the laws of 1988, is  amended  to
read as follows:
  (e)  an  incorrect  entry of a partial exemption on an assessment roll
for a parcel which is not eligible for such partial exemption;  PROVIDED
THAT  THE  EXEMPTION  HAS  NOT  BEEN  RENOUNCED PURSUANT TO SECTION FOUR
HUNDRED NINETY-SIX OF THIS CHAPTER; or
  S 4. Paragraph (f-1) of subdivision 1 of section 553 of the real prop-
erty tax law, as added by chapter 616 of the laws of 2002, is amended to
read as follows:
  (f-1) an incorrect entry of a partial  exemption  on  the  immediately
preceding year's assessment roll for a parcel which was not eligible for
such  exemption,  provided  that  there has not been a transfer of title

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

subsequent to the filing of such roll  AND  PROVIDED  FURTHER  THAT  THE
EXEMPTION  HAS NOT BEEN RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINE-
TY-SIX OF THIS CHAPTER;
  S  5. Subdivision 2 of section 1306-a of the real property tax law, as
added by section 16 of part B of chapter 389 of the  laws  of  1997,  is
amended to read as follows:
  2.  Tax  savings. (A)(I) The tax savings for each parcel receiving the
exemption authorized by section four hundred twenty-five of this chapter
shall be computed by subtracting the amount actually levied against  the
parcel  from  the  amount  that  would  have  been levied if not for the
exemption, PROVIDED  HOWEVER,  THAT  BEGINNING  WITH  THE  TWO  THOUSAND
ELEVEN-TWO  THOUSAND  TWELVE  SCHOOL YEAR, THE TAX SAVINGS APPLICABLE TO
ANY "PORTION" (WHICH AS USED HEREIN SHALL MEAN THAT PART OF AN ASSESSING
UNIT LOCATED WITHIN A SCHOOL DISTRICT) SHALL NOT EXCEED THE TAX  SAVINGS
APPLICABLE  TO  THAT  PORTION IN THE PRIOR SCHOOL YEAR MULTIPLIED BY ONE
HUNDRED TWO PERCENT, WITH THE RESULT ROUNDED TO THE NEAREST DOLLAR.  THE
TAX  SAVINGS  ATTRIBUTABLE TO THE BASIC AND ENHANCED EXEMPTIONS SHALL BE
CALCULATED SEPARATELY. IT SHALL BE THE RESPONSIBILITY OF THE COMMISSION-
ER  TO  CALCULATE  TAX  SAVINGS  LIMITATIONS  FOR   PURPOSES   OF   THIS
SUBDIVISION.
  (II)  THE  TAX  SAVINGS  APPLICABLE  TO A PORTION FOR THE TWO THOUSAND
TEN-TWO THOUSAND ELEVEN SCHOOL YEAR SHALL BE DETERMINED  BY  MULTIPLYING
THE EXEMPT AMOUNT APPLICABLE TO THE PORTION FOR THE TWO THOUSAND TEN-TWO
THOUSAND  ELEVEN  SCHOOL  YEAR BY THE TAX RATE APPLICABLE TO THE PORTION
FOR THE TWO THOUSAND TEN-TWO THOUSAND ELEVEN SCHOOL YEAR, WITH  SEPARATE
CALCULATIONS FOR THE BASIC AND ENHANCED EXEMPTIONS.
  (III)  WHERE  A  SCHOOL TAX RATE WAS CHANGED IN THE MIDST OF THE PRIOR
SCHOOL YEAR, AN ANNUALIZED SCHOOL  TAX  RATE  SHALL  BE  USED  FOR  THIS
PURPOSE. THE ANNUALIZED TAX RATE FOR THIS PURPOSE SHALL BE DETERMINED BY
CALCULATING  THE  AVERAGE  OF  THE  TAX RATES IN EFFECT AT VARIOUS TIMES
DURING THE SCHOOL YEAR, WEIGHTED ACCORDING TO THE LENGTH OF TIME  DURING
WHICH THEY WERE RESPECTIVELY APPLICABLE.
  (B) A statement shall then be placed on the tax bill for the parcel in
substantially  the following form: "Your tax savings this year resulting
from the New York state school tax relief (STAR) program is $_______."
  S 6. Section 171-u of the tax law is amended by adding a new  subdivi-
sion 5 to read as follows:
  (5)(A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, THE
COMMISSIONER MAY ADOPT RULES PRESCRIBING A UNIFORM STATEWIDE  SYSTEM  OF
PARCEL  IDENTIFICATION NUMBERS AND A UNIFORM STATEWIDE ASSESSMENT CALEN-
DAR APPLICABLE TO ALL "ASSESSING UNITS", AS  THAT  TERM  IS  DEFINED  BY
SECTION  ONE  HUNDRED TWO OF THE REAL PROPERTY TAX LAW, PROVIDED THAT NO
SUCH RULE SHALL APPLY TO AN ASSESSMENT ROLL WITH A TAXABLE  STATUS  DATE
OCCURRING  PRIOR  TO  JANUARY FIRST, TWO THOUSAND THIRTEEN. THE RULES SO
PRESCRIBED SHALL TAKE PRECEDENCE OVER ANY AND ALL GENERAL,  SPECIAL  AND
LOCAL LAWS, ORDINANCES AND RESOLUTIONS TO THE CONTRARY.
  (B)  THE  UNIFORM  STATEWIDE  ASSESSMENT  CALENDAR SO PRESCRIBED SHALL
PROVIDE FOR A UNIFORM VALUATION DATE, A UNIFORM TAXABLE STATUS  DATE,  A
UNIFORM  DATE  FOR  THE  FILING OF TENTATIVE ASSESSMENT ROLLS, A UNIFORM
DATE FOR THE HEARING OF  COMPLAINTS  ON  TENTATIVE  ASSESSMENTS,  AND  A
UNIFORM  DATE FOR THE FILING OF FINAL ASSESSMENT ROLLS. THE CALENDAR MAY
NOT, HOWEVER, OVERRIDE THE DATES OTHERWISE SET BY LAW FOR  THE  LEVY  OR
COLLECTION  OF TAXES, NOR MAY IT OVERRIDE THE DATES OTHERWISE SET BY LAW
FOR LOCAL FISCAL YEARS TO BEGIN OR END.
  (C) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION,  THE
COMMISSIONER  MAY, AT HIS OR HER DISCRETION, ADOPT RULES THAT ARE APPLI-

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

CABLE ONLY TO "SPECIAL ASSESSING UNITS," AS  THAT  TERM  IS  DEFINED  BY
SECTION  EIGHTEEN  HUNDRED  ONE  OF  THE  REAL  PROPERTY  TAX LAW, WHICH
PRESCRIBE AN ALTERNATIVE SYSTEM OF PARCEL IDENTIFICATION NUMBERS AND  AN
ALTERNATIVE ASSESSMENT CALENDAR SOLELY FOR SUCH SPECIAL ASSESSING UNITS.
  S 7. This act shall take effect immediately.

                                 PART O

  Section  1. Paragraphs b and c of subdivision 1 of section 4405 of the
education law, paragraph b as  amended  and  paragraph  c  as  added  by
section  2  of part G2 of chapter 62 of the laws of 2003, are amended to
read as follows:
  b. Expenditures made by a social services district for the maintenance
of [a child with a disability placed in a residential school  under  the
provisions  of  this article, including a child with a disability placed
in a special act school district  by  a  school  district  committee  on
special education pursuant to this article, or] a child with a disabili-
ty placed in a state school under the provisions of articles eighty-sev-
en and eighty-eight of this chapter shall be subject to reimbursement by
the  state  pursuant to the provisions of subdivision ten of section one
hundred fifty-three of  the  social  services  law.  Expenditures  shall
include  both  direct payments and deductions from state aid made by the
comptroller, if any, in lieu of such direct payments.
  c. Expenditures made by a social services district for the maintenance
of a child with a disability placed in a residential  school  under  the
provisions  of  this article, including a child with a disability placed
by a school district committee on special  education  pursuant  to  this
article  in  a special act school district, or a state school subject to
the provisions of articles eighty-seven and eighty-eight of  this  chap-
ter,   shall   be  subject  to  [twenty]  FIFTY-SIX  AND  EIGHT  HUNDRED
FORTY-EIGHT THOUSANDTHS percent  reimbursement  by  the  child's  school
district  of  residence pursuant to the provisions of subdivision ten of
section one hundred fifty-three of the social services law.  The  amount
of  such  reimbursement  shall  be a charge upon such school district of
residence.
  S 2. Subdivision 10 of section 153 of  the  social  services  law,  as
amended  by  section  1 of part G2 of chapter 62 of the laws of 2003, is
amended to read as follows:
  10. Expenditures made by a social services district  for  the  mainte-
nance  of children with disabilities, placed by school districts, pursu-
ant to section forty-four hundred five of the education  law  shall,  if
approved  by  the  office of children and family services, be subject to
[forty percent reimbursement by the  state  and  twenty]  FIFTY-SIX  AND
EIGHT  HUNDRED  FORTY-EIGHT  THOUSANDTHS percent reimbursement by school
districts in accordance with paragraph (c) of subdivision one of section
forty-four hundred five of the  education  law,  after  first  deducting
therefrom  any  federal  funds  received or to be received on account of
such expenditures, except that in the case  of  a  student  attending  a
state-operated  school for the deaf or blind pursuant to article eighty-
seven or eighty-eight of the education law who was not  placed  in  such
school  by a school district such expenditures shall be subject to fifty
percent reimbursement by the state after first deducting  therefrom  any
federal funds received or to be received on account of such expenditures
and  there  shall be no reimbursement by school districts. Such expendi-
tures shall not be subject to the  limitations  on  state  reimbursement
contained  in  subdivision  two  of section one hundred fifty-three-k of

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

this [chapter] TITLE. In the event of the failure of the school district
to make the maintenance payment  pursuant  to  the  provisions  of  this
subdivision, the state comptroller shall withhold state reimbursement to
any such school district in an amount equal to the unpaid obligation for
maintenance  and  pay over such sum to the social services district upon
certification of the commissioner of the office of children  and  family
services  and  the commissioner of education that such funds are overdue
and owed by such school district.   The commissioner of  the  office  of
children  and  family services, in consultation with the commissioner of
education, shall promulgate regulations to implement the  provisions  of
this subdivision.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force  and  effect  on  and  after  January  1,  2011;
provided,  however, that the amendments to subdivision 10 of section 153
of the social services law made by section two of  this  act  shall  not
affect the expiration of such subdivision and shall expire therewith.

                                 PART P

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

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

CIPALITY AND FOR THE MANNER OF EMPLOYMENT OF PERSONNEL AND  MAY  PROVIDE
THAT A FISCAL OFFICER OF ONE SUCH MUNICIPALITY SHALL BE THE CUSTODIAN OF
THE  MONEYS MADE AVAILABLE FOR EXPENDITURE FOR SUCH PURPOSES BY ALL SUCH
MUNICIPALITIES  AND THAT SUCH FISCAL OFFICER MAY MAKE PAYMENTS THEREFROM
UPON AUDIT OF THE APPROPRIATE AUDITING BODY OR OFFICER  OF  HIS  OR  HER
MUNICIPALITY.  IN MAKING CLAIMS FOR STATE REIMBURSEMENT PURSUANT TO THIS
SECTION, EACH MUNICIPALITY SHALL CLAIM FOR ITS  PROPORTIONATE  SHARE  OF
EXPENDITURES.  HOWEVER,  WHERE  THE  AGREEMENT PROVIDES FOR A DISBURSING
MUNICIPALITY, SUCH DISBURSING MUNICIPALITY SHALL  CLAIM  FOR  THE  TOTAL
JOINT  PROGRAM EXPENDITURES MADE AND SHALL DISBURSE THE STATE REIMBURSE-
MENT TO EACH PARTICIPATING MUNICIPALITY  BASED  UPON  THE  PROPORTIONATE
SHARE OF EACH PARTICIPATING MUNICIPALITY'S EXPENDITURES.
  4. A MUNICIPALITY AND THE BOARD OF EDUCATION, BOARD OF TRUSTEES OR THE
TRUSTEE  OF  A SCHOOL DISTRICT MAY MAKE AND PERFORM AGREEMENTS PROVIDING
FOR THE OPERATION BY A SCHOOL DISTRICT OF A YOUTH DEVELOPMENT OR SIMILAR
PROGRAM.
  5. THE CHIEF EXECUTIVE OFFICER OF EACH MUNICIPALITY MAY DESIGNATE  ONE
OR  MORE AGENCIES RESPONSIBLE FOR PROVIDING PRIMARY PREVENTION INCENTIVE
PROGRAMS AND SERVICES PURSUANT TO THIS SECTION.  PROGRAMS  AND  SERVICES
SHALL  BE  TARGETED  TO  COMMUNITIES  HAVING  THE  HIGHEST NEED FOR SUCH
SERVICES, AND SHALL  INCLUDE  EVIDENCE-BASED  PROGRAMS  DEMONSTRATED  TO
REDUCE  CHILD  ABUSE AND NEGLECT, PREVENT FOSTER CARE PLACEMENT, PREVENT
DELINQUENCY OR PROMOTE POSITIVE YOUTH DEVELOPMENT.
  6. MUNICIPALITIES MAY APPLY TO THE OFFICE FOR A WAIVER OF  ELIGIBILITY
AND   ADMINISTRATIVE   REQUIREMENTS  FOR  PRIMARY  PREVENTION  INCENTIVE
PROGRAMS AND SERVICES. UPON APPROVAL OF THE APPLICATION BY  THE  OFFICE,
ELIGIBILITY  REQUIREMENTS  ESTABLISHED  IN  STATUTE OR REGULATION MAY BE
WAIVED FOR THOSE PERSONS AND COMMUNITIES IDENTIFIED IN  THE  APPLICATION
AS  RECIPIENTS  OF  THE  SERVICES.  WHERE SUCH A WAIVER IS APPROVED, THE
OFFICE SHALL HAVE THE AUTHORITY TO ESTABLISH ALTERNATIVE STANDARDS TO BE
FOLLOWED BY THE MUNICIPALITY THAT IS GRANTED A WAIVER. UPON APPROVAL  OF
AN  APPLICATION  FOR  SUCH WAIVERS, THE OFFICE APPROVAL MUST SPECIFY THE
REQUIREMENTS BEING WAIVED AND ANY ALTERNATIVE STANDARDS ESTABLISHED.
  7. PRIMARY PREVENTION INCENTIVE PROGRAMS AND SERVICES MAY BE  PROVIDED
DIRECTLY BY A MUNICIPALITY OR THROUGH PURCHASE OF SERVICE.
  S  2.  Subdivisions  4, 6 and 7 of section 532-a of the executive law,
subdivisions 4 and 6 as amended by section 14 of part E of chapter 57 of
the laws of 2005, and subdivision 7 as added by section 13 of part G  of
chapter 58 of the laws of 2010, are amended to read as follows:
  4. "[Approved] CERTIFIED runaway program" shall mean [any non-residen-
tial  program  approved  by  the  office of children and family services
after submission by the county youth bureau, as part of  its  comprehen-
sive  plan, or] any residential facility which is operated by an author-
ized agency as defined in  subdivision  ten  of  section  three  hundred
seventy-one  of the social services law, and [approved] CERTIFIED by the
office of children and family services [after submission by  the  county
youth  bureau  as part of its comprehensive plan], established and oper-
ated to provide services to runaway and  homeless  youth  in  accordance
with  the  regulations of the office of temporary and disability assist-
ance and the office of children and family services. Such  programs  may
also provide non-residential crisis intervention and residential respite
services to youth in need of crisis intervention or respite services, as
defined  in this section.  Residential respite services in [an approved]
A CERTIFIED runaway program may be provided for no more than  twenty-one
days  in  accordance  with the regulations of the office of children and
family services.

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

  6. "Transitional independent living support program" shall  mean  [any
non-residential  program  approved  by the office of children and family
services after submission by the county youth  bureau  as  part  of  its
comprehensive plan, or] any residential facility [approved] CERTIFIED by
the  office  of  children  and  family services [after submission by the
county youth bureau as part of its comprehensive plan], established  and
operated  to provide supportive services, for a period of up to eighteen
months in accordance with the regulations of the office of children  and
family  services,  to  enable homeless youth between the ages of sixteen
and twenty-one to progress from crisis care  and  transitional  care  to
independent living. Such transitional independent living support program
may  also  provide  services  to youth in need of crisis intervention or
respite services. Notwithstanding the time limitation in  paragraph  (i)
of  subdivision  (d)  of section seven hundred thirty-five of the family
court act, residential respite services may be  provided  in  a  transi-
tional  independent  living  support  program  for a period of more than
twenty-one days.
  7.  "Safe  house"  shall  mean  a  residential  program  for  sexually
exploited children as defined in subdivision one of section four hundred
forty-seven-a  of  the  social  services  law. [An approved] A CERTIFIED
runaway program may operate a  short-term  safe  house,  as  defined  in
subdivision  two  of  section  four  hundred forty-seven-a of the social
services law, for sexually exploited children. A transitional  independ-
ent  living support program may operate a long-term safe house for sexu-
ally exploited children.
  S 3. The opening paragraph and paragraph  (e)  of  subdivision  1  and
subdivision  2  of section 532-b of the executive law, the opening para-
graph of subdivision 1 as amended by chapter 182 of the  laws  of  2002,
paragraph  (e) of subdivision 1 as amended by chapter 569 of the laws of
1994 and subdivision 2 as added by chapter 722 of the laws of 1978,  are
amended to read as follows:
  Notwithstanding any other provision of law, pursuant to regulations of
the  office  of  children  and family services [an approved] A CERTIFIED
runaway program is authorized to and shall:
  (e) assist in arranging for necessary services for runaway or homeless
youth, and where appropriate, their families, including but not  limited
to  food,  shelter, clothing, medical care, education and individual and
family  counseling.  Where  the  [approved]  CERTIFIED  runaway  program
concludes  that  such  runaway  or  homeless youth would be eligible for
assistance, care or services from a local social services  district,  it
shall  assist the youth in securing such assistance, care or services as
the youth is entitled to; and
  2. The runaway youth may remain in the program on  a  voluntary  basis
for  a period not to exceed thirty days from the date of admission where
the filing of a petition pursuant to article ten of the family court act
is not contemplated, in order that arrangements  can  be  made  for  the
runaway  youth's return home, alternative residential placement pursuant
to section three hundred ninety-eight of the social services law, or any
other suitable plan. If the runaway youth and the  parent,  guardian  or
custodian agree, in writing, the runaway youth may remain in the runaway
program  up  to  sixty days without the filing of a petition pursuant to
article ten of the family court act[, provided that in any such case the
facility shall first have obtained the approval of  the  county  runaway
coordinator,  who  shall  notify the county youth bureau of his approval
together with a statement as to the reason why such additional  residen-

S. 2808--A                         111                        A. 4008--A

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

S. 2808--A                         112                        A. 4008--A

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

S. 2808--A                         113                        A. 4008--A

ing programs and facilities provide a safe, secure and appropriate envi-
ronment for sexually exploited children. Crisis  intervention  services,
short-term  safe  house  care and community-based programming may, where
appropriate, be provided by the same not-for-profit agency. Local social
services  districts  may  work  cooperatively to provide such short-term
safe house or other short-term safe placement, services and  programming
and  access  to such placement, services and programming may be provided
on a regional basis, provided, however, that every local social services
district shall to the extent that funds are available ensure  that  such
placement, services and programs shall be readily accessible to sexually
exploited children residing within the district.
  S 9. Article 10-A of the social services law is REPEALED.
  S  10.  This  act  shall take effect on July 1, 2011; provided however
that section six of this act shall be considered to have  been  in  full
force and effect on and after October 1, 2010.

                                 PART Q

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

                                SUBPART A

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

                                SUBPART B

  Section 1. Subdivision 3 of section 502 of the executive law, as added
by chapter 465 of the laws of 1992, is amended to read as follows:
  3. "Detention" means the temporary care and maintenance of youth  held
away from their homes pursuant to article three [or seven] of the family
court act, or held pending a hearing for alleged violation of the condi-
tions  of  release  from  [a  division] AN OFFICE OF CHILDREN AND FAMILY
SERVICES facility or authorized agency, or held pending  a  hearing  for
alleged  violation of the condition of parole as a juvenile offender, or
held pending return to a jurisdiction other than the one  in  which  the
youth  is held, or held pursuant to a securing order of a criminal court
if the youth named therein as principal is charged as a juvenile  offen-
der or held pending a hearing on an extension of placement or held pend-
ing transfer to a facility upon commitment or placement by a court. Only
alleged  or  convicted  juvenile  offenders  who have not attained their
eighteenth birthday shall be subject to detention in a detention facili-
ty.

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

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

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

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

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

  (VI) FOR EACH YEAR THAT THE MUNICIPALITY SUBMITS A PLAN AS REQUIRED BY
THIS SECTION, THE MUNICIPALITY MUST PROVIDE  THE  FOLLOWING  INFORMATION
FOR  THE MOST RECENT PRECEDING YEAR FOR WHICH SUCH MUNICIPALITY RECEIVED
FUNDING:
  (A)  THE NUMBER OF YOUTH WHO PARTICIPATED IN THE SERVICES AND PROGRAMS
FUNDED PURSUANT TO THIS SECTION; AND
  (B)  WHETHER  THE  SERVICES  AND  PROGRAMS  ACHIEVED   THE   PROJECTED
REDUCTIONS IN DETENTION UTILIZATION AND RESIDENTIAL PLACEMENTS AND OTHER
PERFORMANCE OUTCOMES.
  (B) A MUNICIPALITY'S PLAN SHALL BE SUBMITTED TO THE OFFICE OF CHILDREN
AND  FAMILY SERVICES FOR REVIEW AND APPROVAL. THE OFFICE MAY APPROVE ALL
OR PART OF THE PLAN BASED ON THE POTENTIAL EFFECTIVENESS OF THE PLAN.
  (I) IF THE OFFICE DOES NOT APPROVE A PLAN, THE MUNICIPALITY SHALL HAVE
SIXTY DAYS TO SUBMIT AN AMENDED PLAN.
  (II) UPON APPROVAL OF A PLAN, THE OFFICE SHALL NOTIFY THE MUNICIPALITY
AND POST THE APPROVED PLAN ON THE OFFICE OF CHILDREN AND FAMILY SERVICES
WEBSITE.
  (C) ANY CLAIMS SUBMITTED BY A MUNICIPALITY  FOR  REIMBURSEMENT  FOR  A
PARTICULAR  PROGRAM  YEAR  FOR  WHICH  THE MUNICIPALITY DOES NOT RECEIVE
STATE REIMBURSEMENT DURING  THE  APPLICABLE  PROGRAM  YEAR  MAY  NOT  BE
CLAIMED  AGAINST  THAT  MUNICIPALITY'S  DISTRIBUTION  FOR ANY SUCCEEDING
PROGRAM YEAR. THE OFFICE MAY REQUIRE THAT SUCH CLAIMS  BE  SUBMITTED  TO
THE  OFFICE  ELECTRONICALLY  IN  THE  MANNER  AND FORMAT REQUIRED BY THE
OFFICE.
  (D) ANY MUNICIPALITY SUBMITTING CLAIMS FOR REIMBURSEMENT SHALL CERTIFY
TO THE OFFICE THAT SUPERVISION  AND  TREATMENT  SERVICES  FOR  JUVENILES
PROGRAM FUNDS WERE NOT USED TO SUPPLANT OTHER STATE AND LOCAL FUNDS, AND
SUCH  CLAIMS  FOR  REIMBURSEMENT  ARE NOT FOR THE SAME TYPE AND LEVEL OF
SERVICES THAT THE MUNICIPALITY PROVIDED UNDER ANY CONTRACT IN  EXISTENCE
ON  SEPTEMBER  THIRTIETH,  TWO  THOUSAND  TEN THAT WAS FUNDED OTHER THAN
THROUGH THE OFFICE OF CHILDREN AND FAMILY SERVICES AS COMMUNITY OPTIONAL
PREVENTIVE,  ALTERNATIVES  TO  DETENTION,  ALTERNATIVES  TO  RESIDENTIAL
PLACEMENT, PREVENTIVE, INDEPENDENT LIVING, OR AFTER CARE SERVICES.
  4. TWO OR MORE ELIGIBLE MUNICIPALITIES MAY JOIN TOGETHER TO ESTABLISH,
OPERATE  AND  MAINTAIN  SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
PROGRAMS AND MAY MAKE AND PERFORM AGREEMENTS  IN  CONNECTION  THEREWITH.
SUCH  AGREEMENTS  SHALL INCLUDE PROVISIONS FOR THE PROPORTIONATE COST TO
BE BORNE BY EACH MUNICIPALITY  AND  FOR  THE  MANNER  OF  EMPLOYMENT  OF
PERSONNEL AND MAY PROVIDE THAT A FISCAL OFFICER OF ONE SUCH MUNICIPALITY
SHALL  BE THE CUSTODIAN OF THE MONEYS MADE AVAILABLE FOR EXPENDITURE FOR
SUCH PURPOSES BY ALL SUCH MUNICIPALITIES AND THAT  SUCH  FISCAL  OFFICER
MAY  MAKE PAYMENTS THEREFROM UPON AUDIT OF THE APPROPRIATE AUDITING BODY
OR OFFICER OF HIS MUNICIPALITY. IN MAKING CLAIMS FOR STATE REIMBURSEMENT
PURSUANT TO THIS SECTION, EACH MUNICIPALITY SHALL CLAIM FOR ITS  PROPOR-
TIONATE SHARE OF EXPENDITURES. HOWEVER, WHERE THE AGREEMENT PROVIDES FOR
A  DISBURSING MUNICIPALITY, SUCH DISBURSING MUNICIPALITY SHALL CLAIM FOR
THE TOTAL JOINT PROGRAM EXPENDITURES MADE AND SHALL DISBURSE  THE  STATE
REIMBURSEMENT  TO EACH PARTICIPATING MUNICIPALITY BASED UPON THE PROPOR-
TIONATE SHARE OF EACH PARTICIPATING MUNICIPALITY'S EXPENDITURES.
  S 4. Subdivisions 1, 2, 2-a, 3 and 4 of section 530 of  the  executive
law,  subdivisions  1,  3 and 4 as amended by chapter 880 of the laws of
1976, subdivision 2 as amended by chapter  920  of  the  laws  of  1982,
subdivision  2-a  as added and paragraph (a) of subdivision 4 as amended
by chapter 419 of the laws of 1987, the closing paragraph of subdivision
2-a as amended by chapter 465 of the laws of 1992, and paragraph (c)  of

S. 2808--A                         117                        A. 4008--A

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

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

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LY SERVICES, for secure  and  nonsecure  detention  services  shall  not
exceed  seventeen percent of the total approved expenditures for facili-
ties of twenty-five beds or more and shall not exceed twenty-one percent
of  the  total approved expenditures for facilities with less than twen-
ty-five beds.
  S 5. Subparagraphs 1, 2 and 4 of paragraph (a) and  paragraph  (b)  of
subdivision 5 of section 530 of the executive law, as amended by chapter
920  of  the  laws  of 1982, subparagraph 4 of paragraph (a) as added by
chapter 419 of the laws of 1987, are amended to read as follows:
  (1) temporary care, maintenance and supervision provided alleged juve-
nile delinquents [and persons  in  need  of  supervision]  in  detention
facilities  certified  pursuant  to  [sections seven hundred twenty-four
and] SECTION 305.2 of the family court act by the [division  for  youth]
OFFICE  OF CHILDREN AND FAMILY SERVICES, pending adjudication of alleged
delinquency [or alleged need of supervision] by  the  family  court,  or
pending  transfer  to  institutions to which committed or placed by such
court or while awaiting disposition by such court after adjudication  or
held  pursuant  to  a  securing  order of a criminal court if the person
named therein as principal is under sixteen; or,
  (2) temporary care,  maintenance  and  supervision  provided  juvenile
delinquents  [and  persons in need of supervision] in approved detention
facilities at the request of the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES pending release revocation hearings or while  await-
ing disposition after such hearings; or
  [(4)  temporary  care,  maintenance  and  supervision  provided  youth
detained in the city of New York in foster care facilities  pursuant  to
article seven of the family court act.]
  (b)  Payments made for reserved accommodations, whether or not in full
time use, approved by the [division for youth] OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES and certified pursuant to [sections seven hundred twen-
ty-four and] SECTION 305.2 of the family court act, in order  to  assure
that  adequate accommodations will be available for the immediate recep-
tion and proper care therein of youth  for  which  detention  costs  are
reimbursable  pursuant  to  paragraph  (a) of this subdivision, shall be
reimbursed as expenditures for care,  maintenance  and  supervision  [of
local charges] under the provisions of this section, provided the [divi-
sion]  OFFICE  shall  have  given  its prior approval for reserving such
accommodations.
  S 6. Subdivisions 7 and 8 of section 530  of  the  executive  law  are
REPEALED  and  subdivision 9, as added by section 2 of part C of chapter
83 of the laws of 2002, is renumbered subdivision 7 and amended to  read
as follows:
  7.  The agency administering detention for each county and the city of
New York shall submit to the office of children and family services,  AT
SUCH  TIMES  AND in such form and manner AND CONTAINING SUCH INFORMATION
as required by the office of children and family services, [a quarterly]
AN ANNUAL report on youth remanded pursuant to article three [or  seven]
of the family court act who are detained [for forty-five days or more in
any twelve month period] DURING EACH CALENDAR YEAR INCLUDING, COMMENCING
JANUARY  FIRST,  TWO  THOUSAND  TWELVE,  THE RISK LEVEL OF EACH DETAINED
YOUTH AS ASSESSED BY A DETENTION RISK ASSESSMENT INSTRUMENT APPROVED  BY
THE  OFFICE OF CHILDREN AND FAMILY SERVICES. THE OFFICE MAY REQUIRE THAT
SUCH DATA ON DETENTION USE BE SUBMITTED TO  THE  OFFICE  ELECTRONICALLY.
Such  report shall include, but not be limited to[:], the reason for the
court's determination in accordance with section 320.5 [or seven hundred
thirty-nine] of the family court act to detain the youth; the offense or

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offenses with which the youth is charged; and all other reasons why  the
youth  remains detained. [Detention agencies shall submit each quarterly
report to the office within thirty days of the end of  the  quarter  and
the office shall submit a compilation of all of the separate reports for
the  quarter  to the governor and the legislature within forty-five days
of the end of the quarter. The first quarterly report  shall  cover  the
last quarter of two thousand two.] THE OFFICE SHALL SUBMIT A COMPILATION
OF ALL THE SEPARATE REPORTS TO THE GOVERNOR AND THE LEGISLATURE.
  S  7. Subdivision (c) of section 531 of the executive law, as added by
chapter 43 of the laws of 1978, is amended to read as follows:
  (c) expenditures made by each [such social services district]  MUNICI-
PALITY for the care, maintenance and supervision of youths in secure and
non-secure  detention  for  which  reimbursement is approved pursuant to
section five hundred thirty of this [chapter, or for which reimbursement
is due to the state pursuant  to  subdivision  seven  of  such  section]
TITLE,  including  the  numbers  of  such  youths  in  each  category of
detention facility and the per diem rates charged.
  S 8. Paragraphs (iv) and (v) of subdivision (a) of section 213 of  the
family  court  act,  as  amended by chapter 920 of the laws of 1982, are
amended to read as follows:
  (iv) the number of children released and  the  number  detained  under
[sections seven hundred twenty-eight and] SECTION 307.4;
  (v) the number of alleged juvenile delinquents released and the number
detained  under section 320.5 [and the number of alleged persons in need
of supervision released and detained under section seven  hundred  thir-
ty-nine,] and the duration of the detention [in both groups];
  S  9.  Paragraph  (b)  of subdivision 3 of section 320.5 of the family
court act, as added by section 1 of part DD of chapter 57 of the laws of
2008, is amended to read as follows:
  (b) Any finding directing detention pursuant to paragraph (a) of  this
subdivision  made  by the court shall state the facts, THE LEVEL OF RISK
THE YOUTH WAS ASSESSED PURSUANT TO A DETENTION RISK  ASSESSMENT  INSTRU-
MENT  APPROVED  BY  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, and THE
reasons for such finding INCLUDING, IF A DETERMINATION IS MADE TO  PLACE
A  YOUTH IN DETENTION WHO WAS ASSESSED AT A LOW OR MEDIUM RISK ON SUCH A
RISK ASSESSMENT INSTRUMENT, THE PARTICULAR  REASONS  WHY  DETENTION  WAS
DETERMINED TO BE NECESSARY.
  S 10. Subdivisions (b), (c) and (d) of section 712, subdivision (d) of
section  728  and sections 720, 727, 729, 739, 747 and 748 of the family
court act are REPEALED.
  S 11. Subdivision (i) of section 712 of the family court act, as added
by section 1 of part E of chapter 57 of the laws of 2005, is amended  to
read as follows:
  (i)  "Diversion  services". Services provided to children and families
pursuant to section seven hundred thirty-five of this  article  for  the
purpose of avoiding the need to file a petition [or direct the detention
of the child]. Diversion services shall include: efforts to adjust cases
pursuant  to this article before a petition is filed, or by order of the
court, after the petition is filed but before fact-finding is commenced;
and preventive services provided in accordance with section four hundred
nine-a of the social services law to avert the placement  of  the  child
into foster care, including crisis intervention and respite services.
  S  12.  The  heading of part 2 of article 7 of the family court act is
amended to read as follows:
                         CUSTODY [AND DETENTION]

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  S 13. Subdivision (a) and paragraphs (iii) and (iv) of subdivision (b)
of section 735 of the family court act, as added by section 7 of part  E
of chapter 57 of the laws of 2005, are amended to read as follows:
  (a)  Each  county  and  any city having a population of one million or
more shall offer diversion services as defined in section seven  hundred
twelve  of this article to youth who are at risk of being the subject of
a person in  need  of  supervision  petition.  Such  services  shall  be
designed  to  provide  an  immediate  response to families in crisis, to
identify  and  utilize  appropriate  [alternatives  to  detention   and]
SERVICES  AND PROGRAMS to divert youth from being the subject of a peti-
tion in family court. Each county and such city shall  designate  either
the  local  social services district or the probation department as lead
agency for the purposes of providing diversion services.
  (iii) assess whether the youth would benefit from residential  respite
services[; and
  (iv)  determine  whether  alternatives to detention are appropriate to
avoid remand of the youth to detention].
  S 14. Paragraph (a) of subdivision 2 of  section  754  of  the  family
court  act,  as  amended by chapter 7 of the laws of 1999, is amended to
read as follows:
  (a) The order shall state  the  court's  reasons  for  the  particular
disposition.  If  the  court places the child in accordance with section
seven hundred fifty-six of this part,  the  court  in  its  order  shall
determine: (i) whether continuation in the child's home would be contra-
ry to the best interest of the child and where appropriate, that reason-
able  efforts  were  made prior to the date of the dispositional hearing
held pursuant to this article to  prevent  or  eliminate  the  need  for
removal  of the child from his or her home and, if the child was removed
from his or her home prior to  the  date  of  such  hearing,  that  such
removal was in the child's best interest and, where appropriate, reason-
able efforts were made to make it possible for the child to return safe-
ly  home.  If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not  made
but  that  the  lack  of  such efforts was appropriate under the circum-
stances, the court order shall include such a finding; and (ii)  in  the
case  of a child who has attained the age of sixteen, the services need-
ed, if any, to assist the child to make the transition from foster  care
to  independent  living. [Nothing in this subdivision shall be construed
to modify the standards for directing detention  set  forth  in  section
seven hundred thirty-nine of this article.]
  S  15.  Subdivision  (c)  of  section  756  of the family court act is
REPEALED and subdivision (b), as amended by chapter 7  of  the  laws  of
1999, is amended to read as follows:
  (b)  Placements  under  this  section  may be for an initial period of
twelve months. The court may extend  a  placement  pursuant  to  section
seven  hundred  fifty-six-a.  In its discretion, the court may recommend
restitution or require services for  public  good  pursuant  to  section
seven  hundred  fifty-eight-a in conjunction with an order of placement.
For the purposes of calculating the initial period  of  placement,  such
placement  shall  be  deemed to have commenced sixty days after the date
the child was removed from his  or  her  home  in  accordance  with  the
provisions  of  this  article.  [If the respondent has been in detention
pending disposition, the initial period of placement ordered under  this
section  shall  be  credited  with  and diminished by the amount of time
spent by the respondent in detention prior to the  commencement  of  the

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placement  unless  the court finds that all or part of such credit would
not serve the best interests of the respondent.]
  S  16.  Section  774  of  the  family  court act is amended to read as
follows:
  S 774. Action on petition for transfer.  On receiving a petition under
section  seven  hundred  seventy-three,  the  court  may  proceed  under
sections  seven  hundred thirty-seven, OR seven hundred thirty-eight [or
seven hundred thirty-nine] with respect to the issuance of a summons  or
warrant [and sections seven hundred twenty-seven and seven hundred twen-
ty-nine govern questions of detention and failure to comply with a prom-
ise  to  appear].  Due notice of the petition and a copy of the petition
shall also be served personally or by mail upon the office of the local-
ity chargeable for the support of  the  person  involved  and  upon  the
person involved and his parents and other persons.
  S  17.  Subdivision  12  of  section 153 of the social services law is
REPEALED.
  S 18. Subdivision 12 of section 398 of the  social  services  law,  as
added by chapter 419 of the laws of 1987, is amended to read as follows:
  12.  A  social  services  official shall be permitted to place persons
adjudicated in need of supervision or delinquent[, and in cities  having
a  population  of  one  million or more alleged persons to be in need of
supervision and persons adjudicated in need of supervision in  detention
pending  transfer to a placement,] in the same foster care facilities as
are providing care to destitute, neglected, abused  or  abandoned  chil-
dren.  Such  foster care facilities shall not provide care to a youth in
the care of a social services official as a convicted juvenile offender.
  S 19. The section heading, opening paragraph and paragraph 2 of subdi-
vision A and subdivisions B and C of section 218-a of  the  county  law,
the  section  heading as amended by chapter 880 of the laws of 1976, the
opening paragraph of subdivision A as amended by chapter 465 of the laws
of 1992, paragraph 2 of subdivision A as amended by chapter 555  of  the
laws  of  1978,  subdivision  B as amended by chapter 419 of the laws of
1987 and subdivision C as added by section 12 of part E of chapter 57 of
the laws of 2005, are amended to read as follows:
  County detention facilities for [juvenile delinquents and  persons  in
need of supervision] JUVENILES.
  To assure that suitable and conveniently accessible accommodations and
proper and adequate detention in secure and non-secure detention facili-
ties,  as  defined  in section five hundred two of the executive law and
the regulations of the [division for youth] OFFICE OF CHILDREN AND FAMI-
LY SERVICES, will be available when required  for  the  temporary  care,
maintenance  and  security  of alleged and convicted juvenile offenders,
AND alleged and adjudicated juvenile delinquents [and alleged and  adju-
dicated  persons  in  need  of  supervision]. Such regulations shall not
require any county to provide  temporary  care  in  a  secure  detention
facility for residents of any other county except upon a space available
basis.  The  county  executive,  if there be one, otherwise the board of
supervisors shall designate the agency of county government  responsible
for  the  administration  of  the  county juvenile detention program and
shall so advise the [New York state division for youth] OFFICE OF  CHIL-
DREN AND FAMILY SERVICES, and may make provisions therefor as follows:
  2. Authorize a contract between its county and one or more other coun-
ties,  which  is  or  are  operating a conveniently accessible detention
facility certified by the [division for youth] OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES and in compliance with regulations of the [division for
youth] OFFICE, providing for the reception, temporary accommodation  and

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care  in  such  facility  of alleged or adjudicated juvenile delinquents
[and persons in need of supervision] held for or at the direction of its
family court, for and in consideration of the payments to be made there-
for, on a per capita basis, pursuant to the terms of such contract.
  B.  Notwithstanding any other provision of law, each board of supervi-
sors shall provide or assure the availability of conveniently accessible
and adequate non-secure detention facilities, certified  by  the  [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, as resources
for  the  family  court  in  the county pursuant to [articles seven and]
ARTICLE three of the family court act, to be operated in compliance with
the regulations of the [division for youth]  OFFICE  for  the  temporary
care  and  maintenance  of  alleged and adjudicated juvenile delinquents
[and persons in need of supervision] held for or at the direction  of  a
family court.
  C.  Each  county shall offer diversion services to children who are at
risk of being the subject of a petition under article seven of the fami-
ly court act. Such services shall be designed to  provide  an  immediate
response  to  families in crisis and to identify and utilize appropriate
[alternatives to juvenile detention] SERVICES.
  S 20. This act shall take effect July 1, 2011;  provided,  however,  a
person  held  in  a  detention  facility  or,  in  the city of New York,
remanded to a foster care facility, pursuant to articles 3 or 7  of  the
family  court  act  prior  to  the  effective  date of this act shall be
governed by the provisions of law in effect at the time that such person
was detained or remanded; and provided, further, however,  section  nine
of this act shall take effect January 1, 2012.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable  effective date of Subparts A and B of this act shall be
as specifically set forth in the last section of such Subparts.

                                 PART R

  Section 1. Paragraph (f) of subdivision 1  of  section  424-a  of  the
social  services  law, as amended by chapter 441 of the laws of 1993, is
amended to read as follows:
  (f) The [department] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  shall
charge  a  fee of [five] SIXTY dollars when[, pursuant to regulations of
the department,] it conducts a search of its records within  the  state-
wide central register for child abuse or maltreatment in accordance with
this  section  or  regulations  of  the [department] OFFICE to determine
whether an applicant for employment [as specified in  paragraph  (b)  of
this  subdivision]  is  the  subject  of  an  indicated  child  abuse or
maltreatment report[, except that fees shall not be charged for requests
for screenings related to applications for] INCLUDING AN APPLICANT TO BE
A child day care [providers  or  for  employment  with  child  day  care
providers  including  requests]  PROVIDER AND A REQUEST made pursuant to
subdivision six of this section.  Such fees shall be deposited in [an] A

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SPECIAL REVENUE - OTHER account and  shall  be  made  available  to  the
[department]  OFFICE  for  costs  incurred in the implementation of this
section. [Procedures for payment of such fees shall  be  established  by
the regulations of the department.]
  S  2.  This  act  shall take effect immediately and shall apply to any
request for a search of the records of the statewide central register of
child abuse or maltreatment that is received by the office  of  children
and family services on or after April 1, 2011.

                                 PART S

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  I  of  chapter  58  of  the  laws  of 2010, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal  to  at least $130.00 for each month beginning on or after January
first, two thousand [ten] ELEVEN.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to  at least $150.00 for each month beginning on or after
January first, two thousand [ten] ELEVEN.
  (c) in the case of  each  individual  receiving  enhanced  residential
care, an amount equal to at least $178.00 for each month beginning on or
after January first, two thousand [ten] ELEVEN.
  (d)  for  the  period  commencing January first, two thousand [eleven]
TWELVE, the monthly personal needs allowance shall be an amount equal to
the sum of the amounts set forth in subparagraphs one and  two  of  this
paragraph:
  (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
subdivision; and
  (2) the amount in subparagraph one of this  paragraph,  multiplied  by
the  percentage  of  any  federal  supplemental  security income cost of
living adjustment which becomes effective on or after January first, two
thousand [eleven] TWELVE, but prior  to  June  thirtieth,  two  thousand
[eleven] TWELVE, rounded to the nearest whole dollar.
  S  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of  part
I of chapter 58 of the laws of 2010, are amended to read as follows:
  (a)  On  and  after  January  first, two thousand [ten] ELEVEN, for an
eligible individual living alone, $761.00; and for  an  eligible  couple
living alone, $1115.00.
  (b)  On  and  after  January  first, two thousand [ten] ELEVEN, for an
eligible individual living with others with or without  in-kind  income,
$697.00;  and  for an eligible couple living with others with or without
in-kind income, $1057.00.
  (c) On and after January first, two thousand [ten] ELEVEN, (i) for  an
eligible  individual  receiving  family  care,  $940.48  if he or she is
receiving such care in the city of New York or  the  county  of  Nassau,
Suffolk,  Westchester  or  Rockland;  and  (ii)  for  an eligible couple
receiving family care in the city of New York or the county  of  Nassau,
Suffolk,  Westchester  or  Rockland,  two  times the amount set forth in
subparagraph (i) of this paragraph; or (iii) for an eligible  individual
receiving  such care in any other county in the state, $902.48; and (iv)
for an eligible couple receiving such care in any other  county  in  the
state,  two  times  the  amount  set forth in subparagraph (iii) of this
paragraph.

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

  (d) On and after January first, two thousand [ten] ELEVEN, (i) for  an
eligible individual receiving residential care, $1109.00 if he or she is
receiving  such  care  in  the city of New York or the county of Nassau,
Suffolk, Westchester or  Rockland;  and  (ii)  for  an  eligible  couple
receiving  residential  care  in  the  city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other county in the state, $1079.00;  and
(iv)  for  an eligible couple receiving such care in any other county in
the state, two times the amount set forth in subparagraph (iii) of  this
paragraph.
  (e)  (i) On and after January first, two thousand [ten] ELEVEN, for an
eligible individual receiving enhanced residential care,  $1368.00;  and
(ii)  for  an  eligible  couple receiving enhanced residential care, two
times the amount set forth in subparagraph (i) of this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases  in  federal  supple-
mental  security income benefits for individuals or couples which become
effective on or after January first, two thousand  [eleven]  TWELVE  but
prior to June thirtieth, two thousand [eleven] TWELVE.
  S 3. This act shall take effect December 31, 2011.

                                 PART T

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

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

THE  BENEFITS  OF  COMPLIANCE,  INCLUDING THE AVAILABILITY OF GUARANTEED
CHILD CARE BENEFITS. If the participant does not  contact  the  district
within  the  specified number of days, the district shall issue ten days
notice  of intent to discontinue or reduce assistance, pursuant to regu-
lations of the department. Such notice shall also include a statement of
the participant's right to a fair hearing relating  to  such  discontin-
uance  or  reduction.  If  such participant contacts the district within
[seven days in the case of a safety net participant or within  ten  days
in  the case of a family assistance participant] THE SPECIFIED NUMBER OF
DAYS, it will be the responsibility of the participant to  give  reasons
for such failure or refusal.
  (b)  Unless  the  district determines as a result of such conciliation
process that such failure or refusal was willful and  was  without  good
cause, no further action shall be taken. If the district determines that
such failure or refusal was willful and without good cause, the district
shall  notify  such  participant  in writing, in plain language and in a
manner distinct from any previous notice, by issuing ten days notice  of
its  intent  to  discontinue  or  reduce  assistance.  Such notice shall
include the reasons for such determination,  the  specific  instance  or
instances  of  willful  refusal  or failure to comply without good cause
with the requirements of this title, the necessary actions that must  be
taken  to avoid a pro-rata reduction OR DISCONTINUANCE in public assist-
ance benefits, and the right to a fair hearing relating to such  discon-
tinuance  or  reduction.  Unless  extended  by  mutual  agreement of the
participant and the district, conciliation shall terminate and a  deter-
mination  shall  be  made  within  [fourteen]  THIRTY days of the date a
request for conciliation is made [in the case of a  safety  net  partic-
ipant  or within thirty days of the conciliation notice in the case of a
family assistance participant].
  S 2. Subdivision 5 of section  341  of  the  social  services  law  is
REPEALED and subdivision 6 is renumbered subdivision 5.
  S  3.  Subdivisions 2 and 3 of section 342 of the social services law,
as added by section 148 of part B of chapter 436 of the  laws  of  1997,
are amended to read as follows:
  2.  [In]  NOTWITHSTANDING  SUBDIVISION  EIGHT  OF  SECTION ONE HUNDRED
FIFTY-THREE OF THIS ARTICLE, IN the case of an applicant for or  recipi-
ent  of  public  assistance [who is a parent or caretaker of a dependent
child], the public assistance benefits otherwise available to the house-
hold of which such individual is a member shall be [reduced pro-rata]:
  (a) REDUCED PRO-RATA for the first instance of failure to comply with-
out good cause with the requirement of this article until the individual
is willing to comply;
  (b) TERMINATED AND CASE CLOSED for the second instance of  failure  to
comply  without good cause with the requirements of this article[, for a
period of three months and thereafter] until the individual  is  willing
to comply;
  (c)  TERMINATED  AND  CASE  CLOSED  for  the  third and all subsequent
instances of failure to comply without good cause with the  requirements
of  this  article,  for a period of six months [and thereafter] OR until
the individual is willing to comply, WHICHEVER PERIOD IS LONGER.
  3. [In the case of an individual who is a member of a household  with-
out  dependent children applying for or in receipt of safety net assist-
ance the public assistance benefits otherwise available to the household
of which such individual is a member shall be reduced pro-rata:
  (a) for the first such  failure  or  refusal,  until  the  failure  or
refusal ceases or ninety days, which ever period of time is longer;

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

  (b)  for  the second such failure or refusal, until the failure ceases
or for one hundred fifty days, whichever period of time is longer; and
  (c)  for the third and all subsequent such failures or refusals, until
the failure ceases or one hundred eighty days, whichever period of  time
is  longer.]  WITH RESPECT TO THE SANCTIONS SET FORTH IN SUBDIVISION TWO
OF THIS SECTION, IF THE INDIVIDUAL COMPLIES WITH THE REQUIREMENT OF THIS
ARTICLE WITHIN THE SIX-MONTH MINIMUM SANCTION  DURATIONS  SET  FORTH  IN
PARAGRAPH  (C)  OF  SUBDIVISION  TWO OF THIS SECTION THE HOUSEHOLD SHALL
RECEIVE A PRO-RATA REDUCED  GRANT  FOR  THE  REMAINING  MINIMUM  PERIOD.
CONTINUED  COMPLIANCE AFTER THE MINIMUM DURATION SHALL RESTORE THE GRANT
TO THE FULL AMOUNT.
  S 4. The office of temporary and disability assistance,  in  consulta-
tion  with  the  office  of children and family services, shall submit a
report to the chairperson of the senate finance  committee,  the  chair-
person of the assembly ways and means committee, and the director of the
division  of  budget  on  the implementation of the full family sanction
policy. Such report shall include the number of  sanctioned  cases  that
had  their case closed due to the new sanction policy, the monthly bene-
fit of those sanctioned cases that had their cases closed and the number
of sanctioned  cases  involving  case  closure  that  subsequently  were
reopened upon demonstrated willingness to comply with work requirements.
Such  report  shall also determine if there were child welfare referrals
made since October, 1, 2011 that were a function  of  the  new  sanction
policy. This report shall be submitted by December 31, 2012.
  S  5.  This  act shall take effect October 1, 2011 and shall expire on
September 30, 2013, when upon such date the provisions of this act shall
be deemed repealed.

                                 PART U

  Section 1. Paragraph (a-2) of subdivision 2 of section  131-a  of  the
social  services  law,  as added by section 1 of part Y of chapter 57 of
the laws of 2009, is amended to read as follows:
  (a-2) For the period beginning July first, two thousand ten and ending
June thirtieth, two thousand [eleven]  TWELVE,  the  following  schedule
shall  be  the  standard of monthly need for determining eligibility for
all categories of assistance in and by all social services districts:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    $141        $225        $300        $386        $477        $551
  For each additional person in the household there shall  be  added  an
additional amount of seventy-five dollars monthly.
  S  2.  Paragraph (a-3) of subdivision 2 of section 131-a of the social
services law, as added by section 1 of part Y of chapter 57 of the  laws
of 2009, is amended to read as follows:
  (a-3)  For  the  period  beginning  July  first, two thousand [eleven]
TWELVE and thereafter, the following schedule shall be the  standard  of
monthly  need  for determining eligibility for all categories of assist-
ance in and by all social services districts:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    $158        $252        $335        $432        $533        $616
  For each additional person in the household there shall  be  added  an
additional amount of eighty-four dollars monthly.

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

  S  3.  Paragraph (a-2) of subdivision 3 of section 131-a of the social
services law, as added by section 2 of part Y of chapter 57 of the  laws
of 2009, is amended to read as follows:
  (a-2) For the period beginning July first, two thousand ten and ending
June  thirtieth,  two  thousand  [eleven]  TWELVE,  persons and families
determined to be eligible by the application of  the  standard  of  need
prescribed  by  the  provisions of subdivision two of this section, less
any available income or resources which are not required  to  be  disre-
garded by other provisions of this chapter, shall receive maximum month-
ly grants and allowances in all social services districts, in accordance
with the following schedule, for public assistance:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    $141        $225        $300        $386        $477        $551
  For  each  additional  person in the household there shall be added an
additional amount of seventy-five dollars monthly.
  S 4. Paragraph (a-3) of subdivision 3 of section 131-a of  the  social
services  law, as added by section 2 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
  (a-3) For the period  beginning  July  first,  two  thousand  [eleven]
TWELVE and thereafter, persons and families determined to be eligible by
the  application of the standard of need prescribed by the provisions of
subdivision two of this section, less any available income or  resources
which  are  not  required  to be disregarded by other provisions of this
chapter, shall receive maximum monthly  grants  and  allowances  in  all
social  services  districts,  in accordance with the following schedule,
for public assistance:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    $158        $252        $335        $432        $533        $616
  For each additional person in the household there shall  be  added  an
additional amount of eighty-four dollars monthly.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART V

  Section 1. Article 16 and article 17 of the  private  housing  finance
law are REPEALED.
  S  2. The private housing finance law is amended by adding a new arti-
cle 27 to read as follows:
                              ARTICLE XXVII
               NEIGHBORHOOD AND RURAL PRESERVATION PROGRAM
SECTION 1230. PURPOSE.
        1231. DEFINITIONS.
        1232. PROGRAM CONTRACTS.
        1233. RULES AND REGULATIONS.
        1234. RELATIONSHIP TO OTHER LAWS.
  S 1230. PURPOSE. THERE CONTINUE TO EXIST IN ALL  AREAS  OF  THE  STATE
SIGNIFICANT  UNMET  HOUSING NEEDS OF PERSONS AND FAMILIES OF LOW INCOME,
NUMEROUS HOUSING UNITS WHICH ARE DETERIORATING OR IN NEED  OF  REHABILI-
TATION  OR  IMPROVEMENT,  AND  RELATED  FACTORS DEMONSTRATING A NEED FOR
ATTENTION TO HOUSING PRESERVATION AND COMMUNITY  REVITALIZATION.  IT  IS
THE  PURPOSE OF THIS ARTICLE TO ESTABLISH A NEIGHBORHOOD AND RURAL PRES-
ERVATION PROGRAM WITHIN THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
  S 1231. DEFINITIONS. AS USED IN THIS ARTICLE:

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

  1. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE STATE DIVISION OF
HOUSING AND COMMUNITY RENEWAL.
  2.  "DIVISION"  SHALL MEAN THE STATE DIVISION OF HOUSING AND COMMUNITY
RENEWAL.
  3. "NEIGHBORHOOD OR RURAL PRESERVATION CORPORATIONS" SHALL MEAN CORPO-
RATIONS ORGANIZED UNDER THE PROVISIONS OF THE NOT-FOR-PROFIT CORPORATION
LAW THAT HAVE BEEN ENGAGED PRIMARILY IN HOUSING PRESERVATION AND  COMMU-
NITY RENEWAL ACTIVITIES AS DEFINED IN SUBDIVISION SIX OF THIS SECTION.
  4. "ELIGIBLE APPLICANT" SHALL MEAN ANY NEIGHBORHOOD OR RURAL PRESERVA-
TION CORPORATION OR COMBINATION OF CORPORATIONS IN EXISTENCE FOR A PERI-
OD OF ONE OR MORE YEARS PRIOR TO APPLICATION.
  5. "REGION" SHALL MEAN ANY NEIGHBORHOOD OR RURAL AREA WITHIN THE STATE
SUCH  AS  A COUNTY, CITY, TOWN, VILLAGE, POSTAL ZONE, OR CENSUS TRACT OR
ANY SPECIFIED PART OR COMBINATION THEREOF OR AS  OTHERWISE  APPROVED  BY
THE  COMMISSIONER,  WITHIN  WHICH  HOUSING  PRESERVATION  AND  COMMUNITY
RENEWAL ACTIVITIES FUNDED IN PART PURSUANT TO THIS  ARTICLE  ARE  TO  BE
CARRIED OUT.
  6.  "HOUSING  PRESERVATION  AND COMMUNITY RENEWAL ACTIVITIES" INCLUDE:
(A) THE NEW CONSTRUCTION OR THE ACQUISITION, MAINTENANCE,  PRESERVATION,
REPAIR,  REHABILITATION OR OTHER IMPROVEMENT OF VACANT OR OCCUPIED HOUS-
ING ACCOMMODATIONS; DEMOLITION OR SEALING  OF  VACANT  STRUCTURES  WHERE
NECESSARY OR APPROPRIATE; DISPOSITION OF HOUSING ACCOMMODATIONS TO PRES-
ENT  OR  POTENTIAL  OCCUPANTS OR CO-OPERATIVE ORGANIZATIONS; TRAINING OR
OTHER FORMS OF ASSISTANCE TO OCCUPANTS OF  HOUSING  ACCOMMODATIONS;  AND
MANAGEMENT OF HOUSING ACCOMMODATIONS AS AGENT FOR THE OWNERS, RECEIVERS,
ADMINISTRATORS  OR  MUNICIPALITIES; AND (B) ACTIVITIES, SIMILAR TO THOSE
SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION, AIMED  AT  ACCOMPLISHING
SIMILAR  PURPOSES  AND  MEETING SIMILAR NEEDS WITH RESPECT TO RETAIL AND
SERVICE ESTABLISHMENTS WITHIN A REGION WHEN CARRIED  OUT  IN  CONNECTION
WITH AND INCIDENTAL TO A PROGRAM OF HOUSING RELATED ACTIVITIES.
  7.  "PERSONS  OF LOW INCOME" SHALL MEAN INDIVIDUALS AND FAMILIES WHOSE
ANNUAL INCOMES DO NOT EXCEED NINETY PER CENT OF THE MEDIAN ANNUAL INCOME
FOR ALL RESIDENTS OF THE REGION WITHIN WHICH THEY  RESIDE  OR  A  LARGER
AREA  ENCOMPASSING  SUCH  REGION  FOR  WHICH MEDIAN ANNUAL INCOME CAN BE
DETERMINED.
  S 1232. PROGRAM CONTRACTS. 1. IN ORDER TO BE ELIGIBLE TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, AN ELIGIBLE APPLICANT SHALL SUBMIT A  PROPOSAL
BASED ON CRITERIA AS DETERMINED BY THE COMMISSIONER.
  2.  WITHIN  THE LIMIT OF FUNDS AVAILABLE IN THE NEIGHBORHOOD AND RURAL
PRESERVATION APPROPRIATION, THE DIVISION MAY ENTER INTO  CONTRACTS  WITH
CORPORATIONS  TO  PROVIDE  HOUSING  PRESERVATION  AND  COMMUNITY RENEWAL
ACTIVITIES.
  3.  IN DETERMINING WHETHER TO ENTER INTO A CONTRACT WITH  A  NEIGHBOR-
HOOD  OR RURAL PRESERVATION CORPORATION OR CORPORATIONS PURSUANT TO THIS
ARTICLE, THE COMMISSIONER SHALL DETERMINE THAT THE DEMOGRAPHIC AND OTHER
RELEVANT DATA PERTAINING TO A REGION AS SPECIFIED IN THE CONTRACT  INDI-
CATE  THAT  SUCH  REGION  CONTAINS  SIGNIFICANT  UNMET  HOUSING NEEDS OF
PERSONS OF LOW INCOME, THAT THE HOUSING STOCK OF SUCH REGION, BECAUSE OF
ITS AGE, DETERIORATION, OR OTHER FACTORS, REQUIRES IMPROVEMENT IN  ORDER
TO  PRESERVE  THE COMMUNITIES WITHIN THE REGION AND THAT THE CORPORATION
PROPOSES TO ASSIST SUCH REGION THROUGH ACTIVE INTERVENTION TO EFFECT THE
REGION'S PRESERVATION, STABILIZATION OR IMPROVEMENT.
  4. EACH CONTRACT ENTERED INTO PURSUANT TO THIS ARTICLE  SHALL  PROVIDE
FOR  PAYMENT  TO  THE  NEIGHBORHOOD OR RURAL PRESERVATION CORPORATION OR
CORPORATIONS FOR THE HOUSING PRESERVATION AND COMMUNITY  RENEWAL  ACTIV-

S. 2808--A                         130                        A. 4008--A

ITIES  TO  BE PERFORMED. PAYMENTS SHALL BE BASED ON PERFORMANCE CRITERIA
ESTABLISHED BY THE COMMISSIONER.
  5.  PAYMENT  PURSUANT  TO  THIS  ARTICLE  SHALL  BE RESTRICTED TO SUMS
REQUIRED FOR THE PAYMENT OF SALARIES AND  WAGES  TO  EMPLOYEES  OF  SUCH
CORPORATIONS  WHO  ARE  ENGAGED  IN  RENDERING  HOUSING PRESERVATION AND
COMMUNITY RENEWAL ACTIVITIES,  FEES  TO  CONSULTANTS  AND  PROFESSIONALS
RETAINED  BY  THEM FOR PLANNING AND PERFORMING SUCH ACTIVITIES AND OTHER
COSTS AND EXPENSES DIRECTLY RELATED TO SUCH EMPLOYEES,  CONSULTANTS  AND
PROFESSIONALS.   SUCH FUNDS MAY BE USED FOR PLANNING ANY HOUSING PRESER-
VATION AND COMMUNITY RENEWAL ACTIVITY  AND  FOR  RENOVATING,  REPAIRING,
FURNISHING,  EQUIPPING  AND  OPERATING  AN OFFICE FACILITY TO BE USED IN
CONNECTION WITH  THE  CONDUCT  OF  HOUSING  PRESERVATION  AND  COMMUNITY
RENEWAL ACTIVITIES BY THE CORPORATION.
  6.    CONTRACTS  ENTERED  INTO PURSUANT TO THIS SECTION SHALL BE FOR A
PERIOD OF NO MORE THAN ONE YEAR, BUT MAY BE  RENEWED  OR  EXTENDED  FROM
YEAR  TO  YEAR  AT THE DISCRETION OF THE COMMISSIONER, AND SHALL PROVIDE
FOR PAYMENT BY THE DIVISION  OF  NO  MORE  THAN  FIVE  HUNDRED  THOUSAND
DOLLARS PER YEAR.
  S  1233.  RULES  AND REGULATIONS. THE COMMISSIONER MAY ISSUE RULES AND
REGULATIONS OR OPERATIONAL BULLETINS FOR THE APPLICATION AND AWARDING OF
FUNDS UNDER THIS ARTICLE.
  S 1234. RELATIONSHIP TO OTHER LAWS. NOTHING IN THIS ARTICLE  SHALL  BE
DEEMED  TO DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO SEEK OR RECEIVE
ASSISTANCE UNDER, OR OTHERWISE PARTICIPATE IN, ANY OTHER PROGRAM  PURSU-
ANT TO THIS CHAPTER, OR ANY OTHER GOVERNMENTAL PROGRAM RELATING TO HOUS-
ING  OR  COMMUNITY  RENEWAL.  NOTHING IN THIS ARTICLE SHALL BE DEEMED TO
DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO CARRY OUT ANY  PROGRAM  OR
SERVICE THROUGH A SUBSIDIARY CORPORATION OR OTHER INSTRUMENTALITY.
  S 3.  Notwithstanding any provision of law to the contrary, any refer-
ence,  in  any  provision  of  law,  to  article 16 or article 17 of the
private housing finance law, sections 901 through  909  of  the  private
housing  finance law, or sections 1001 through 1010 of the private hous-
ing finance law shall be deemed to refer to article 27  of  the  private
housing finance law.
  S 4. This act shall take effect July 1, 2011.

                                 PART W

  Section  1.  Section  39  of part P2 of chapter 62 of the laws of 2003
amending the state finance law and other laws  relating  to  authorizing
and  directing  the state comptroller to loan money to certain funds and
accounts, as amended by section 1 of part Z of chapter 57 of the laws of
2009, is amended to read as follows:
  S 39. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2003; provided,
however, that sections one, three, four, six, seven through fifteen, and
seventeen  of  this act shall expire March 31, 2004, when upon such date
the provisions of such sections shall be deemed repealed; [and  sections
thirty  and  thirty-one  of this act shall expire December 31, 2011] and
the amendments made to section 69-c of the state finance law by  section
thirty-two  of  this  act  shall not affect the expiration and repeal of
such section and shall be deemed to be expired therewith.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,

S. 2808--A                         131                        A. 4008--A

impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through W of this act shall be
as specifically set forth in the last section of such Parts.

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

                                 2808--B

                            I N  S E N A T E

                            February 1, 2011
                               ___________

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  contracts  of  excel-
  lence,  library funding, reimbursement of school districts, apportion-
  ment of school aid, building aid, foundation aid  base,  apportionment
  of  school  aid  and  of  current  year approved expenditures for debt
  service, academic enhancement aid, high tax aid,  Medicaid  reimburse-
  ment,  gap  elimination adjustment, grants, and maximum class size; to
  amend the state finance law, in relation to base grant; to amend chap-
  ter 756 of the laws of 1992 relating to funding  a  program  for  work
  force  education  conducted  by the consortium for worker education in
  New York city, in relation  to  apportionment  and  reimbursement;  to
  amend  chapter  169 of the laws of 1994 relating to certain provisions
  related to the 1994-95 state operations, aid  to  localities,  capital
  projects  and  debt  service  budgets, chapter 82 of the laws of 1995,
  amending the education law and certain other laws  relating  to  state
  aid to school districts and the appropriation of funds for the support
  of  government, chapter 386 of the laws of 1996 amending the education
  law relating to providing for a waiver allowing state aid  in  certain
  circumstances,  chapter 472 of the laws of 1998 amending the education
  law relating to the lease of school buses by school districts, chapter
  147 of the laws of 2001 amending the education law relating to  condi-
  tional appointment of school district, charter school or BOCES employ-
  ees, chapter 425 of the laws of 2002 amending the education law relat-
  ing  to the provision of supplemental educational services, attendance
  at a safe public school and the  suspension  of  pupils  who  bring  a
  firearm  to  or possess a firearm at a school, chapter 101 of the laws
  of 2003 amending the education law relating to implementation  of  the
  No  Child  Left  Behind  Act  of  2001,  in relation to school aid and
  extending the expiration of certain provisions of  such  chapters;  to
  amend  the  general municipal law, in relation to withdrawals from the
  employee accrued liability reserve fund, in  relation  to  school  bus
  driver  training;  in  relation to the support of public libraries; to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12572-04-1

S. 2808--B                          2

  provide special apportionment for salary expenses; to provide  special
  apportionment  for  public  pension  expenses; in relation to suballo-
  cation of  certain  education  department  accruals;  in  relation  to
  purchases  by the city school district of Rochester; and providing for
  the repeal of certain provisions upon  expiration  thereof  (Part  A);
  Intentionally  omitted  (Part  A-1);  to  amend  the education law, in
  relation to expenses for textbooks, school library materials, software
  programs and computer equipment; to amend the  general  municipal  law
  and  the  education  law,  in  relation to the funding of mandates; to
  amend the education law, in relation to the  school  paperwork  elimi-
  nation  and reduction act of 2011; and to repeal certain provisions of
  the education law relating thereto; to amend  the  education  law,  in
  relation  to  the apportionment of public monies in reorganized school
  districts; and to amend the education law, in relation to  grants  for
  the  math and science high schools program (Part B); to repeal article
  9 of the  arts and cultural affairs law relating to the New York state
  theatre institute corporation and section 97-u of  state  finance  law
  relating to the New York state theatre institute corporation fund, and
  to  establish  procedures for the transfer and ownership of rights and
  real property currently held by the entity formerly referred to as the
  New York state theatre institute (Part C); to amend the education  law
  and  the  state  finance law, in relation to procurement in support of
  the state university; to amend the education law, in relation to oper-
  ations of the state university construction fund;  and  to  amend  the
  civil  service law and the education law, in relation to state univer-
  sity health care facilities (Part D); to amend the education  law,  in
  relation  to tuition assistance program award determinations (Part E);
  Intentionally omitted  (Part  F);  to  amend  the  education  law,  in
  relation  to restrictions  on eligibility to receive awards and loans;
  and to repeal certain provisions of such law  relating  thereto  (Part
  G);  to  amend  the  education  law, in relation to tuition assistance
  program awards (Part H); to amend the education law,  in  relation  to
  good  academic  standing requirements (Part I); to amend the education
  law, in relation to tuition assistance  program  awards  for  graduate
  school students; and to repeal certain provisions of such law relating
  thereto  (Part  J);  to amend chapter 31 of the laws of 1985, amending
  the  education  law  relating  to  regents  scholarships  in   certain
  professions,  in  relation  to  the physician loan forgiveness program
  (Part K); to amend chapter 57 of the laws of 2005 amending the  educa-
  tion  law relating to the New York state nursing faculty loan forgive-
  ness incentive program and the New York state nursing faculty scholar-
  ship program, in relation to the effectiveness thereof  (Part  L);  to
  amend  chapter 161 of the laws of 2005, amending the education law and
  other laws relating to the social worker loan forgiveness program,  in
  relation  to  the  effectiveness  thereof  (Part M); to amend the real
  property tax law and the tax law, in relation to containing  the  cost
  of  the  STAR  program and allowing the renunciation of STAR and other
  property tax exemptions (Part N);  to  amend  the  education  law,  in
  relation to maintenance costs for students with disabilities placed in
  a  residential  school  under  article 89 of the education law; and to
  amend the social services law, in relation to expenditures  by  social
  services  districts  for  children  in  residential  schools (Part O);
  Intentionally omitted (Part P); Intentionally omitted (Subpart A); and
  to amend the executive law, the family court act and the  county  law,
  in  relation to funding and utilization of juvenile detention (Subpart
  B) (Part Q); to amend the social services law, in relation to the  fee

S. 2808--B                          3

  charged  for  clearances  from the statewide central register of child
  abuse or maltreatment (Part R); to amend the social services  law,  in
  relation  to  increasing the standards of monthly need for aged, blind
  and  disabled  persons  (Part S); to amend the social services law, in
  relation to sanctions imposed for noncompliance with public assistance
  work requirements; and to repeal certain provisions of such law relat-
  ing thereto and providing for the repeal of such provisions upon expi-
  ration thereof (Part T); to amend the social services law, in relation
  to adjusting the  needs  standards  for  determining  eligibility  for
  assistance  (Part U); Intentionally omitted (Part V); to amend chapter
  62 of the laws of 2003 amending the state finance law and  other  laws
  relating  to  authorizing  and directing the state comptroller to loan
  money to certain funds and accounts,  in  relation  to  extending  the
  interest  assessment  surcharge  fund (Part W); to amend the education
  law, in relation to eligibility requirements for student financial aid
  and to amend the education law, in relation  to  annual  apportionment
  amounts received by the state university (Part X); to amend the educa-
  tion  law,  in  relation  to  authorizing  a  five percent increase in
  tuition paid by out-of-state residents attending the state  university
  of New York (Part Y); to amend the social services law, in relation to
  agreements pertaining to the authorization of kinship guardian assist-
  ance  payments  (Part Z); to amend the family court act and the execu-
  tive law, in relation to placement of respondents with the  office  of
  children and family services (Part AA); to amend the executive law, in
  relation  to  requiring  the office of children and family services to
  provide weekly reports on youth detention centers (Part BB); to  amend
  the  social  services law, in relation to households receiving monthly
  grants of public assistance (Part CC); to amend  the  social  services
  law,  in  relation  to  providing for a personal needs allowance (Part
  DD); to amend the education law, in relation  to  annual  professional
  performance  reviews of classroom teachers and building principals and
  in relation to retaining quality teachers  and  teachers  in  shortage
  subject  areas  when  teaching positions are eliminated in city school
  districts of cities having one million or  more  inhabitants;  and  to
  repeal  certain  provisions of such law relating thereto (Part EE); to
  amend part NN of chapter 57 of the laws of 2008 relating to  authoriz-
  ing  the New York state mortgage agency to transfer certain moneys, in
  relation to the use of surplus funds from the greater Catskills  flood
  remediation  program  (Part  FF); to amend the social services law, in
  relation to consolidating toll free human services hotlines (Part GG);
  Intentionally omitted (Part  HH);  to  amend  the  education  law,  in
  relation  to tuition and self-supporting revenues of the state univer-
  sity; and providing for the repeal of such provisions upon  expiration
  thereof  (Part  II);  and  to  amend the executive law, in relation to
  requiring a report on the cost and operating capacity at the office of
  children  and  family  services  and  providing  for   adjustment   of
  reimbursement rates (Part JJ)

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

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

S. 2808--B                          4

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

                                 PART A

  Section 1. Intentionally omitted.
  S 2. Subparagraph (vii) of paragraph a of  subdivision  2  of  section
211-d  of  the education law, as added by section 3 of part A of chapter
57 of the laws of 2009, is amended to read as follows:
  (vii) (A) Notwithstanding any other provision of this section  to  the
contrary, a school district that submitted a contract for excellence for
the two thousand seven--two thousand eight school year and the two thou-
sand  eight--two  thousand  nine school year and is required to submit a
contract for excellence for the  two  thousand  nine--two  thousand  ten
school  year but did not fully expend all of its two thousand seven--two
thousand eight foundation aid subject to  the  contract  for  excellence
restrictions  during  the  two thousand seven--two thousand eight school
year may re-allocate and expend such unexpended  funds  during  the  two
thousand  eight--two  thousand  nine and two thousand nine--two thousand
ten school years for allowable  contract  for  excellence  programs  and
activities  as  defined in subdivision three of this section in a manner
prescribed by the commissioner. For purposes of determining  maintenance
of  effort  pursuant  to subparagraph (vi) of this paragraph for the two
thousand eight--two thousand nine school year, funds  expended  pursuant
to  this  subparagraph  shall  be  included in the total budgeted amount
approved by the commissioner in the district's contract  for  excellence
for  the  two  thousand  seven--two thousand eight school year; provided
that such amount shall not be counted  more  than  once  in  determining
maintenance of effort for the two thousand nine--two thousand ten school
year or thereafter.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
RY,  A  SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE
TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR BUT DID NOT FULLY EXPEND
ALL OF ITS TWO THOUSAND NINE--TWO THOUSAND TEN FOUNDATION AID SUBJECT TO
THE  CONTRACT  FOR  EXCELLENCE  RESTRICTIONS  DURING  THE  TWO  THOUSAND
NINE--TWO THOUSAND TEN SCHOOL YEAR MAY RE-ALLOCATE AND EXPEND SUCH UNEX-
PENDED  FUNDS DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR FOR ALLOWABLE CONTRACT FOR EXCELLENCE PROGRAMS  AND  ACTIVITIES  AS
DEFINED  IN  SUBDIVISION THREE OF THIS SECTION IN A MANNER PRESCRIBED BY
THE COMMISSIONER.
  S 3. Subdivision 12 of section 273 of the education law, as amended by
chapter 2 of the laws of 2011, is amended to read as follows:
  12. The commissioner is hereby authorized to expend [in  state  fiscal
year  two  thousand six--two thousand seven three million dollars and in
state fiscal year two thousand seven--two thousand eight  eight  million
dollars  and  in state fiscal year two thousand eight--two thousand nine
seven million nine hundred forty thousand dollars and  in  state  fiscal
year  two  thousand  nine--two thousand ten eight million dollars and in
state fiscal year two thousand ten--two thousand  eleven  eight  million
dollars  subject  to an appropriation] FUNDS ANNUALLY for formula grants
to public library systems,  reference  and  research  library  resources

S. 2808--B                          5

systems,  and school library systems operating under an approved plan of
service. Such formula grants shall be provided for the period commencing
July first and ending on June thirtieth  next  following.  Such  formula
grants will be distributed in the following manner:
  a.  Each  public  library  system established pursuant to sections two
hundred fifty-five and two hundred seventy-two of this part and  operat-
ing  under  a  plan  approved by the commissioner is entitled to receive
ANNUALLY thirty-nine thousand dollars and an amount  equal  to  ten  and
ninety-four  hundredths  percent of the amount of state aid received for
the current year by such system under paragraphs a, c, d,  e  and  n  of
subdivision  one of this section [for the two thousand ten--two thousand
eleven state fiscal year];
  b. Each reference and research library  resources  system  established
pursuant  to  section two hundred seventy-two of this part and operating
under a plan approved by the commissioner is entitled to receive ANNUAL-
LY thirty-nine thousand dollars and an amount equal to ten  and  ninety-
four  hundredths  percent  of  the  amount of state aid received for the
current year under paragraph a of subdivision four of this section  [for
the two thousand ten--two thousand eleven state fiscal year]; and
  c.  Each  school  library  system  established pursuant to section two
hundred eighty-two of this part and operating under a plan  approved  by
the  commissioner  is  entitled to receive ANNUALLY thirty-nine thousand
dollars and an amount equal to ten and ninety-four hundredths percent of
the amount of state aid received for the current  year  by  such  system
under  paragraphs  a, b, c, d, e and f of subdivision one of section two
hundred eighty-four of this part [for the two thousand ten--two thousand
eleven state fiscal year].
  S 4. Intentionally omitted.
  S 5. Intentionally omitted.
  S 6. Intentionally omitted.
  S 7. Intentionally omitted.
  S 8. Intentionally omitted.
  S 9. Intentionally omitted.
  S 10. Intentionally omitted.
  S 11. Intentionally omitted.
  S 12. Intentionally omitted.
  S 13. Intentionally omitted.
  S 14. Intentionally omitted.
  S 15. Intentionally omitted.
  S 16. Intentionally omitted.
  S 17. Intentionally omitted.
  S 18. Intentionally omitted.
  S 19. Intentionally omitted.
  S 20. Intentionally omitted.
  S 21. Paragraph (a) of subdivision 1 of section 2856 of the  education
law,  as  amended  by  section 12 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
  (a) The enrollment of students  attending  charter  schools  shall  be
included  in  the enrollment, attendance, membership and, if applicable,
count of students with disabilities of the school district in which  the
pupil  resides.  The  charter  school  shall report all such data to the
school districts of residence in a timely manner. Each  school  district
shall  report  such  enrollment,  attendance  and count of students with
disabilities to the department. The school district of  residence  shall
pay  directly  to  the  charter  school for each student enrolled in the

S. 2808--B                          6

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

S. 2808--B                          7

student  with  a disability that the charter school provides directly or
indirectly. Notwithstanding anything in this section  to  the  contrary,
amounts  payable pursuant to this subdivision may be reduced pursuant to
an  agreement between the school and the charter entity set forth in the
charter. Payments made pursuant to this subdivision shall be made by the
school district in six substantially equal installments each year begin-
ning on the first business day of July and every two months  thereafter.
Amounts  payable  under  this  subdivision  shall  be  determined by the
commissioner. Amounts payable to a charter school in its first  year  of
operation  shall  be based on the projections of initial-year enrollment
set forth in the charter. Such projections shall be reconciled with  the
actual  enrollment  at  the end of the school's first year of operation,
and any necessary adjustments shall  be  made  to  payments  during  the
school's second year of operation.
  S 23. Intentionally omitted.
  S 24. Intentionally omitted.
  S 25. Intentionally omitted.
  S 26. The opening paragraph and paragraphs a, b and b-1 of subdivision
4  of section 3602 of the education law, the opening paragraph, subpara-
graph 1 of paragraph a and paragraphs b and b-1 as amended by section 13
of part A of chapter 57 of the laws of 2009, paragraph a as  amended  by
section  14  of part B of chapter 57 of the laws of 2008, are amended to
read as follows:
  In addition to any other apportionment pursuant  to  this  chapter,  a
school  district, other than a special act school district as defined in
subdivision eight of section four thousand one of this chapter, shall be
eligible for total foundation aid equal to the product of total  aidable
foundation  pupil units multiplied by the district's selected foundation
aid, which shall be the greater of five hundred dollars ($500) or  foun-
dation  formula aid, provided, however that for the two thousand seven--
two thousand eight through two thousand  eight--two  thousand  nine  and
[two thousand eleven--two thousand twelve through] two thousand [twelve]
THIRTEEN--two   thousand   [thirteen]   FOURTEEN  THROUGH  TWO  THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN school years,  no  school  district  shall
receive  total  foundation aid in excess of the sum of the total founda-
tion aid base for aid payable in the two  thousand  seven--two  thousand
eight  school  year computed pursuant to subparagraph (i) of paragraph j
of subdivision  one  of  this  section,  plus  the  phase-in  foundation
increase  computed  pursuant  to  paragraph  b  of this subdivision, and
provided further that total foundation aid shall not be  less  than  the
product  of the total foundation aid base computed pursuant to paragraph
j of subdivision one of this section and one hundred three percent,  nor
more  than the product of such total foundation aid base and one hundred
fifteen percent, and provided further that for the two  thousand  nine--
two thousand ten [and two thousand ten--two thousand eleven] THROUGH TWO
THOUSAND   TWELVE--TWO  THOUSAND  THIRTEEN  school  years,  each  school
district shall receive total foundation aid in an amount  equal  to  the
amount  apportioned to such school district for the two thousand eight--
two thousand nine school year pursuant to this subdivision. Total  aida-
ble  foundation  pupil units shall be calculated pursuant to paragraph g
of subdivision two of this section.  For the purposes of calculating aid
pursuant to this subdivision, aid for the city school  district  of  the
city of New York shall be calculated on a citywide basis.
  a.  Foundation  formula  aid.  Foundation  formula aid shall equal the
remainder when the expected minimum  local  contribution  is  subtracted
from  the product of the foundation amount, the regional cost index, and

S. 2808--B                          8

the pupil need index, or: (foundation amount x  regional  cost  index  x
pupil need index)- expected minimum local contribution.
  (1)  The foundation amount shall reflect the average per pupil cost of
general education instruction in successful school districts, as  deter-
mined  by  a  statistical analysis of the costs of special education and
general education in successful  school  districts,  provided  that  the
foundation  amount  shall be adjusted annually to reflect the percentage
increase in the consumer price index as computed pursuant to section two
thousand twenty-two of this chapter, provided that for the two  thousand
eight--two  thousand  nine  school year, for the purpose of such adjust-
ment, the percentage increase in  the  consumer  price  index  shall  be
deemed  to  be two and nine-tenths percent (0.029), and provided further
that the foundation amount for  the  two  thousand  seven--two  thousand
eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
dollars, and provided further that for the two thousand seven--two thou-
sand eight through [two  thousand  twelve--two  thousand  thirteen]  TWO
THOUSAND  FIFTEEN--TWO THOUSAND SIXTEEN school years, [such] THE founda-
tion amount shall be further adjusted by the phase-in foundation percent
established pursuant to paragraph b of this subdivision.
  (2) The regional cost index shall reflect an analysis of labor  market
costs  based on median salaries in professional occupations that require
similar credentials to those of positions in the  education  field,  but
not  including  those  occupations in the education field, provided that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
          Labor Force Region  Index
          Capital District    1.124
          Southern Tier       1.045
          Western New York    1.091
          Hudson Valley       1.314
          Long Island/NYC     1.425
          Finger Lakes        1.141
          Central New York    1.103
          Mohawk Valley       1.000
          North Country       1.000
  (3) The pupil need index shall equal the sum of one plus the  extraor-
dinary needs percent, provided, however, that the pupil need index shall
not  be less than one nor more than two. The extraordinary needs percent
shall be calculated pursuant to paragraph w of subdivision one  of  this
section.
  (4)  The expected minimum local contribution shall equal the lesser of
(i) the product of (A) the quotient arrived at when the selected  actual
valuation  is divided by total wealth foundation pupil units, multiplied
by (B) the product of the local tax factor,  multiplied  by  the  income
wealth  index,  or (ii) the product of (A) the product of the foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B) the positive difference, if any, of  one  minus  the  state  sharing
ratio  for  total  foundation  aid. The local tax factor shall be estab-
lished by May first of each year by determining the product, computed to
four decimal places without rounding, of ninety  percent  multiplied  by
the quotient of the sum of the statewide average tax rate as computed by
the  commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six  hundred  nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner  for  the  base  year in accordance with such provisions plus the
statewide average tax rate computed by the  commissioner  for  the  year

S. 2808--B                          9

prior  to  the  base year in accordance with such provisions, divided by
three, provided however that for the two  thousand  seven--two  thousand
eight  school  year,  such local tax factor shall be sixteen thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand  nine  school  year,  such  local  tax  factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum  local  contribution  the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index  shall  not  be
more  than  ninety-five  percent  (0.95) for the two thousand eight--two
thousand nine school year. The selected actual valuation shall be calcu-
lated pursuant to paragraph c of subdivision one of this section.  Total
wealth  foundation pupil units shall be calculated pursuant to paragraph
h of subdivision two of this section.
  b. Phase-in foundation increase. (1) The phase-in foundation  increase
shall  equal  the  product  of  the  phase-in foundation increase factor
multiplied by the greater of (i) the positive difference, if any, of (A)
the product of the total aidable foundation pupil  units  multiplied  by
the district's selected foundation aid less (B) the total foundation aid
base  for  aid  payable  in  the  two thousand seven--two thousand eight
school year computed pursuant to subparagraph  (i)  of  paragraph  j  of
subdivision  one  of  this  section  or (ii) the product of the phase-in
due-minimum percent multiplied by the total foundation aid base for  aid
payable  in  the  two  thousand  seven--two  thousand  eight school year
computed pursuant to subparagraph (i) of paragraph j of subdivision  one
of this section.
  (2)  For  the  two thousand seven--two thousand eight school year, the
phase-in foundation percent shall equal one  hundred  seven  and  sixty-
eight  hundredths  percent  (1.0768),  the  phase-in foundation increase
factor shall equal twenty percent (0.20), and the  phase-in  due-minimum
percent shall equal twelve and fifty-five hundredths percent (0.1255);
  for  the two thousand eight--two thousand nine school year, the phase-
in foundation percent  shall  equal  one  hundred  five  and  twenty-six
hundredths  percent  (1.0526),  the  phase-in foundation increase factor
shall equal thirty-seven and one-half percent (0.375), and the  phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
  for  the two thousand nine--two thousand ten school year, the phase-in
foundation percent shall equal one hundred two and five  tenths  percent
(1.025), the phase-in foundation increase factor shall equal thirty-sev-
en  and  one-half  percent (0.375), and the phase-in due-minimum percent
shall equal twelve and fifty-five hundredths percent (0.1255);
  for the two thousand ten--two thousand eleven school year, the  phase-
in  foundation  percent  shall  equal  one hundred seven and sixty-eight
hundredths percent (1.0768), the  phase-in  foundation  increase  factor
shall  equal thirty-seven and one-half percent (0.375), and the phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
  for the two thousand eleven--two  thousand  twelve  school  year,  the
phase-in  foundation  percent  shall  equal  [one  hundred  five and six
hundredths percent (1.0506)]  ONE  HUNDRED  THIRTEEN  AND  FOURTEEN  ONE
HUNDREDTHS  PERCENT  (1.1314),  the  phase-in foundation increase factor
shall equal [fifty-three and one-tenth percent (0.531)] THIRTY-SEVEN AND
ONE-HALF PERCENT (0.375), and the  phase-in  due-minimum  percent  shall

S. 2808--B                         10

equal  [twelve  and fifty-five hundredths percent (0.1255)] NINETEEN AND
FORTY-ONE HUNDREDTHS PERCENT (0.1941); and
  for  the  two  thousand twelve--two thousand thirteen school year, the
phase-in foundation percent  shall  equal  [one  hundred  two  and  five
hundredths percent (1.0250)] ONE HUNDRED TEN AND THIRTY-EIGHT HUNDREDTHS
PERCENT  (1.1038),  the  phase-in foundation increase factor shall equal
[seventy-five percent (0.75)] THIRTY-SEVEN AND ONE-HALF PERCENT (0.375),
and the phase-in due-minimum percent shall equal [twelve and  fifty-five
hundredths  percent  (0.1255)] NINETEEN AND FORTY-ONE HUNDREDTHS PERCENT
(0.1941); AND
  FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR,  THE
PHASE-IN   FOUNDATION   PERCENT   SHALL  EQUAL  ONE  HUNDRED  SEVEN  AND
SIXTY-EIGHT  HUNDREDTHS  PERCENT  (1.0768),  THE   PHASE-IN   FOUNDATION
INCREASE FACTOR SHALL EQUAL FORTY-FIVE AND ONE-HALF PERCENT (0.455), AND
THE  PHASE-IN  DUE-MINIMUM  PERCENT  SHALL  EQUAL NINETEEN AND FORTY-ONE
HUNDREDTHS PERCENT (0.1941);
  FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL  YEAR,  THE
PHASE-IN  FOUNDATION  PERCENT  SHALL  EQUAL  ONE  HUNDRED  FIVE  AND SIX
HUNDREDTHS PERCENT (1.0506), THE  PHASE-IN  FOUNDATION  INCREASE  FACTOR
SHALL  EQUAL  SIXTY-ONE  AND  ONE-HALF PERCENT (0.615), AND THE PHASE-IN
DUE-MINIMUM  PERCENT  SHALL  EQUAL  NINETEEN  AND  FORTY-ONE  HUNDREDTHS
PERCENT (0.1941); AND
  FOR  THE  TWO  THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, THE
PHASE-IN FOUNDATION PERCENT SHALL EQUAL ONE HUNDRED TWO AND FIVE  TENTHS
PERCENT  (1.0250),  THE  PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL
EIGHTY PERCENT (0.800), AND THE PHASE-IN DUE-MINIMUM PERCENT SHALL EQUAL
NINETEEN AND FORTY-ONE HUNDREDTHS PERCENT (0.1941).
  b-1. Notwithstanding any other provision of law to the  contrary,  for
the  two  thousand seven--two thousand eight through [two thousand thir-
teen--two thousand fourteen] TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN
school  years,  the  additional  amount  payable to each school district
pursuant to this subdivision in the current  year  as  total  foundation
aid,  after  deducting  the total foundation aid base, shall be deemed a
state grant in aid identified by the commissioner for  general  use  for
purposes  of  sections seventeen hundred eighteen and two thousand twen-
ty-three of this chapter.
  S 27. The closing paragraph of subdivision 5-a of section 3602 of  the
education  law,  as amended by section 14 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
  For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the  product  of
fifteen  percent  and  the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand  eight  school
year.  For  the  two  thousand  nine--two thousand ten [and] THROUGH two
thousand [ten] TWELVE--two thousand [eleven] THIRTEEN school years, each
school district shall be entitled  to  an  apportionment  equal  to  the
amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
computer  listing  produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten  school  year  and  entitled
"SA0910".
  S 28.  Intentionally omitted.
  S  29. Clause (c) of subparagraph 1 of paragraph e of subdivision 6 of
section 3602 of the education law, as amended by section 3 of  part  A-3
of chapter 58 of the laws of 2006, is amended to read as follows:

S. 2808--B                         11

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

S. 2808--B                         12

  S 32.  Intentionally omitted.
  S 33.  Intentionally omitted.
  S 34. Intentionally omitted.
  S 35. Subdivision 12 of section 3602 of the education law, as added by
section  19  of  part  B  of chapter 57 of the laws of 2008, the closing
paragraph as added by section 18 of part A of chapter 57 of the laws  of
2009, is amended to read as follows:
  12. Academic enhancement aid. A school district that as of April first
of  the base year has been continuously identified as a district in need
of improvement for at least five  years  shall,  for  the  two  thousand
eight--two  thousand  nine  school  year,  be  entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the  total  foundation  aid
base,  as  defined  by  paragraph  j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to  subdivision
four of this section and the supplemental educational improvement grants
apportioned  pursuant to subdivision eight of section thirty-six hundred
forty-one of this [act] ARTICLE, less  (ii)  the  total  foundation  aid
base.
  For the two thousand nine--two thousand ten [and] THROUGH two thousand
[ten]  TWELVE--two  thousand [eleven] THIRTEEN school years, each school
district shall be entitled to an apportionment equal to the  amount  set
forth  for such school district as "EDUCATION GRANTS, ACADEMIC EN" under
the heading "2008-09 BASE YEAR AIDS" in the school aid computer  listing
produced  by the commissioner in support of the budget for the two thou-
sand nine--two thousand ten school year and entitled "SA0910", and  such
apportionment shall be deemed to satisfy the state obligation to provide
an  apportionment  pursuant  to  subdivision eight of section thirty-six
hundred forty-one of this article.
  S 36. The opening paragraph of subdivision 16 of section 3602  of  the
education  law,  as amended by section 19 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
  Each school district shall be eligible  to  receive  a  high  tax  aid
apportionment  in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax  aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax  aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two  thousand
seven--two  thousand  eight  school  year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil  wealth
ratio  computed  pursuant  to  paragraph  b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be  eligible
to  receive  a  high tax aid apportionment in the two thousand nine--two
thousand ten [and]  THROUGH  two  thousand  [ten]  TWELVE--two  thousand
[eleven]  THIRTEEN  school years in the amount set forth for such school
district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
the school aid computer listing produced by the commissioner in  support
of  the  budget  for the two thousand nine--two thousand ten school year
and entitled "SA0910".
  S 37. Intentionally omitted.
  S 38. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 21 of part A of chapter 57  of  the
laws of 2009, is amended to read as follows:

S. 2808--B                         13

  Notwithstanding  any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the  grant  to
each eligible school district for universal prekindergarten aid shall be
computed  pursuant  to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each  school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the  elec-
tronic  data  file  produced  by  the commissioner in support of the two
thousand nine--two thousand ten education, labor and  family  assistance
budget,  provided,  however, that in the case of a district implementing
programs for the first time or implementing expansion  programs  in  the
two  thousand  eight--two  thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as  provided
in  section  151-1.4 of the regulations of the commissioner, FOR THE TWO
THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
EN SCHOOL YEARS, such school district shall be eligible  for  a  maximum
grant  equal  to the amount computed pursuant to paragraph a of subdivi-
sion nine of this section in the two thousand eight--two  thousand  nine
school  year,  AND  FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND
TWO THOUSAND TWELVE--TWO THOUSAND  THIRTEEN  SCHOOL  YEARS  EACH  SCHOOL
DISTRICT  SHALL  BE ELIGIBLE FOR A MAXIMUM GRANT EQUAL TO THE AMOUNT SET
FORTH FOR SUCH SCHOOL DISTRICT AS "UNIVERSAL PREKINDERGARTEN" UNDER  THE
HEADING  "2011-12  ESTIMATED  AIDS"  IN  THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET  REQUEST
FOR THE 2011-12 SCHOOL YEAR AND ENTITLED "BT111-2", and provided further
that  the maximum grant shall not exceed the total actual grant expendi-
tures incurred by the school district in  the  current  school  year  as
approved by the commissioner.
  S 39. Intentionally omitted.
  S 40. Intentionally omitted.
  S 41. Intentionally omitted.
  S  42.  Clause (iii) of subparagraph 3 of paragraph b of subdivision 1
of section 3609-a of the education law, as amended by section 32 of part
B of chapter 57 of the laws of 2007, is amended to read as follows:
  (iii) Determining final payment for the state fiscal  year.  Prior  to
transmitting  the  March  payment  to  the  state  comptroller, based on
current year, base year and prior school year state aid payments made or
scheduled to be made from the general support for public schools  appro-
priations  for  the  state  fiscal  year  ending March thirty-first, the
commissioner shall determine the extent to which the  amount  designated
for  June pursuant to clause (vi) of subparagraph two of this paragraph,
as adjusted in accordance with clause (ii) of this subparagraph, net  of
any disallowances, would need to be advanced and paid on or before March
thirty-first  in  order  to  use  the  remainder of such appropriations,
EXCLUDING AMOUNTS ASSIGNED TO  THE  DEPARTMENT  OF  HEALTH  PURSUANT  TO
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-B OF THIS ARTICLE, on
or  before  March  thirty-first,  or  to  the extent to which the amount
designated for March would need to be proportionally reduced so  as  not
to  exceed such state fiscal year appropriations. The commissioner shall
report the amount of money required to be advanced or deferred  and  the
percent  it represents of the June or March amounts, as the case may be,
to the director of the budget, the chairperson  of  the  senate  finance
committee  and the chairperson of the assembly ways and means committee.
To the extent that moneys are advanced  or  deferred  pursuant  to  this
paragraph,  they  shall  be  in  the  same  proportion  as  each  school
district's share bears to the total of such June or March  amount.  Upon

S. 2808--B                         14

approval  of the director of the budget, the commissioner shall transmit
the schedule of any such partial June prepayments or such reduced  March
payments  to  the  state  comptroller.  Any portion of the March payment
deferred  shall  be  added  to the June payment; any portion of the June
payment advanced shall be paid on or before March thirty-first.
  S 43. Subparagraph 4 of paragraph b of subdivision 1 of section 3609-a
of the education law, as amended by section 25 of part A of  chapter  57
of the laws of 2009, is amended to read as follows:
  (4)  State  share of medicaid reimbursements. For the purposes of this
subparagraph, FOR AID PAYABLE IN  THE  TWO  THOUSAND  TEN--TWO  THOUSAND
ELEVEN  SCHOOL YEAR, the first reporting period shall run from May first
of the base year through January thirty-first of the current  year,  and
the second reporting period shall run from February first of the current
year  through  [April thirtieth] MARCH THIRTY-FIRST of the current year.
FOR AID PAYABLE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND  TWELVE  SCHOOL
YEAR  AND  THEREAFTER,  THE  FIRST REPORTING PERIOD SHALL RUN FROM APRIL
FIRST OF THE BASE YEAR THROUGH  DECEMBER  THIRTY-FIRST  OF  THE  CURRENT
YEAR,  AND  THE  SECOND REPORTING PERIOD SHALL RUN FROM JANUARY FIRST OF
THE CURRENT  YEAR  THROUGH  MARCH  THIRTY-FIRST  OF  THE  CURRENT  YEAR.
Notwithstanding  any inconsistent provisions of law to the contrary, the
sustaining advance payment due any school district  pursuant  to  clause
(ii)  of  subparagraph three of this paragraph in March shall be reduced
by fifty percent of any federal participation during the first reporting
period pursuant to title XIX of the  social  security  act,  in  special
education  programs  provided  pursuant  to  article eighty-nine of this
chapter for services provided on or before June thirtieth, two  thousand
nine; the June payment due any school district pursuant to clause (v) of
subparagraph  three  of this paragraph shall be reduced by fifty percent
of any federal participation during  the  second  reporting  period  for
services  provided  on  or before June thirtieth, two thousand nine. Not
later than ten days after the end of  [a]  THE  FIRST  reporting  period
ENDING  ON  JANUARY  THIRTY-FIRST,  TWO  THOUSAND ELEVEN, NOT LATER THAN
FORTY-ONE DAYS AFTER EACH FIRST  REPORTING  PERIOD  THEREAFTER  AND  NOT
LATER THAN FORTY DAYS AFTER THE END OF EACH SECOND REPORTING PERIOD, the
commissioner  of  health,  as  the  authorized fiscal agent of the state
education department, shall certify to the commissioner and the director
of the budget the total amount of such federal moneys paid to  a  school
district  for such services during such reporting period. Following each
cycle payment, the commissioner of health shall report  to  the  commis-
sioner  the  aggregate  amount of such federal medicaid payments to each
school district. The commissioner shall recoup such  amounts  first,  to
the extent possible, from the specified payment, then by withholding any
other  moneys  due  the school district and finally by direct billing to
any school district still owing moneys to the state. All moneys withheld
or paid to the state on account of this paragraph shall be  credited  by
the  comptroller to the local assistance account for general support for
public schools.
  S 44. Intentionally omitted.
  S 45. Paragraphs a and a-1 of subdivision 1 of section 3609-b  of  the
education law, paragraph a as amended by section 26 and paragraph a-1 as
added  by  section  27  of part A of chapter 57 of the laws of 2009, are
amended to read as follows:
  a. Any  moneys  to  be  apportioned  by  the  commissioner  to  school
districts  during  the school year pursuant to this section for services
provided on or before June thirtieth, two thousand nine THAT WERE  REIM-
BURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEVEN shall,

S. 2808--B                         15

in  the first instance, be designated as the state share of moneys due a
school district pursuant to title XIX of the  social  security  act,  on
account  of  school supportive health services provided to students with
disabilities  in  special education programs pursuant to article eighty-
nine of this chapter and to those pupils who are  qualified  handicapped
persons as defined in the federal rehabilitation act of nineteen hundred
seventy-three,  as  amended.  Some  or  all  of  such state share may be
assigned on behalf of school districts to the department of  health,  as
provided  herein;  any  remaining  state  share  moneys shall be paid to
school districts on the same schedule as the federal share of such title
XIX payments and shall be based on the monthly report of the commission-
er of health to the commissioner; and any remaining moneys to be  appor-
tioned  to  a  school district pursuant to this section shall be paid in
accordance with the provisions of subdivision two of this  section.  The
amount  to be assigned to the department of health, as determined by the
commissioner of health, for any school district  shall  not  exceed  the
federal  share  of any moneys due such school district pursuant to title
XIX. Moneys designated as state share  moneys  shall  be  paid  to  such
school  districts based on the submission and approval of claims related
to such school supportive health services, in  the  manner  provided  by
law.
  a-1.  Any  moneys  to  be  apportioned  by  the commissioner to school
districts during the school year pursuant to this section  for  services
provided  during the two thousand nine--two thousand ten school year and
thereafter, OR FOR SERVICES PROVIDED IN A PRIOR SCHOOL  YEAR  THAT  WERE
NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEV-
EN,  shall,  in  the first instance, be designated as the state share of
moneys due a school district pursuant to title XIX of the social securi-
ty act, on account of school  supportive  health  services  provided  to
students  with  disabilities  in  special education programs pursuant to
article eighty-nine of this chapter and to those pupils who  are  quali-
fied handicapped persons as defined in the federal rehabilitation act of
nineteen  hundred  seventy-three,  as amended. Such state share shall be
assigned on behalf of school districts to the department of  health,  as
provided herein; the amount designated as such nonfederal share shall be
transferred by the commissioner to the department of health based on the
monthly  report  of  the commissioner of health to the commissioner; and
any remaining moneys to be apportioned to a school district pursuant  to
this section shall be paid in accordance with the provisions of subdivi-
sion two of this section. The amount to be assigned to the department of
health,  as  determined  by  the  commissioner of health, for any school
district shall not exceed the federal  share  of  any  moneys  due  such
school  district pursuant to title XIX. Moneys designated as state share
moneys shall be paid to such  school  districts  by  the  department  of
health  based  on  the submission and approval of claims related to such
school supportive health services, in the manner provided by law.
  S 46. Paragraph b of subdivision 2 of section 3612  of  the  education
law,  as amended by chapter 2 of the laws of 2011, is amended to read as
follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any  shortage  of  teachers  in  the
school  district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity  and
geographic  sparsity  of  the  district,  the number of new teachers the

S. 2808--B                         16

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  ten--two  thousand  eleven]  TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE.
  S 47. Intentionally omitted.
  S 48. Intentionally omitted.
  S 49. Intentionally omitted.
  S 50. Intentionally omitted.
  S 51. Intentionally omitted.
  S 52. Intentionally omitted.
  S 53. Intentionally omitted.
  S 54. Intentionally omitted.
  S 55. Intentionally omitted.
  S 56. Intentionally omitted.
  S 57. Intentionally omitted.
  S 58. Subdivision 6 of section 4402 of the education law,  as  amended
by chapter 2 of the laws of 2011, is amended to read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred  ninety-five--nine-
ty-six  through June thirtieth, two thousand [eleven] TWELVE of the [two
thousand ten--two thousand eleven]  TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE  school  year,  be  authorized to increase class sizes in special
classes containing students  with  disabilities  whose  age  ranges  are
equivalent  to  those  of  students  in  middle and secondary schools as
defined by the commissioner for purposes of this section by  up  to  but
not to exceed one and two tenths times the applicable maximum class size
specified  in  regulations of the commissioner rounded up to the nearest
whole number, provided that in a city school  district  having  a  popu-
lation of one million or more, classes that have a maximum class size of
fifteen  may  be increased by no more than one student and provided that
the projected average class size shall not exceed the maximum  specified
in  the  applicable  regulation,  provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization  shall  be
granted  upon  filing  of a notice by such a board of education with the
commissioner stating the board's intention to increase such class  sizes
and  a  certification  that the board will conduct a study of attendance
problems at the secondary level and will implement a  corrective  action
plan  to  increase the rate of attendance of students in such classes to
at least the rate for students attending regular  education  classes  in
secondary  schools of the district. Such corrective action plan shall be

S. 2808--B                         17

submitted for approval by the commissioner by a date during  the  school
year  in  which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the  commissioner.  Upon  at  least
thirty  days  notice  to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to  termi-
nate  such  authorization  upon  a  finding that the board has failed to
develop or implement an approved corrective action plan.
  S 59. Intentionally omitted.
  S 60. Intentionally omitted.
  S 61. Intentionally omitted.
  S 62. Intentionally omitted.
  S 63. Clause (b) of subparagraph (iii) of paragraph b  of  subdivision
11  of  section  4410 of the education law, as amended by chapter 205 of
the laws of 2009, is amended to read as follows:
  (b) Any moneys due  municipalities  pursuant  to  this  paragraph  for
services  provided during the two thousand nine--two thousand ten school
year and thereafter, OR FOR SERVICES PROVIDED IN  A  PRIOR  SCHOOL  YEAR
THAT  WERE  NOT  REIMBURSED  BY  THE STATE ON OR BEFORE APRIL FIRST, TWO
THOUSAND ELEVEN, shall, in the first  instance,  be  designated  as  the
state  share  of  moneys due a municipality pursuant to title XIX of the
social security act, on account of  school  supportive  health  services
provided  to  preschool  students  with  disabilities  pursuant  to this
section. Such state share shall be assigned on behalf of  municipalities
to  the  department of health, as provided herein; the amount designated
as such nonfederal share shall be transferred by the commissioner to the
department of health based on the monthly report of the commissioner  of
health  to  the commissioner; and any remaining moneys to be apportioned
to a municipality pursuant to this section shall be paid  in  accordance
with  this  section.  The  amount  to  be  assigned to the department of
health, as determined by the commissioner of  health,  for  any  munici-
pality shall not exceed the federal share of any moneys due such munici-
pality  pursuant  to title XIX of the social security act. Moneys desig-
nated as state share moneys shall be paid to such  municipality  by  the
department  of  health  based  on  the submission and approval of claims
related to  such  school  supportive  health  services,  in  the  manner
provided by law.
  S  64.  Subparagraph 4 of paragraph b of subdivision 4 of section 92-c
of the state finance law, as amended by section 46 of part B of  chapter
57 of the laws of 2007, is amended to read as follows:
  (4)  each  eligible school district shall be entitled to an additional
lottery grant equal to the result of multiplying  the  district's  total
aidable  FOUNDATION  pupil  units for the base year COMPUTED PURSUANT TO
PARAGRAPH G OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
ACT by:

                      Base Grant x (1 + aid ratio)

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

S. 2808--B                         18

hundred two of the education law. In no case shall a school district aid
ratio exceed one (1) or be less than minus one (-1).
  S  65.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by  the
consortium  for worker education in New York city, as amended by section
41 of part A of chapter 57 of the laws of 2009, is amended  to  read  as
follows:
  b.  Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2006-07 school year  shall  not  exceed  64.7
percent  of the lesser of such approvable costs per contact hour or nine
dollars and twenty-five cents per contact  hour  where  a  contact  hour
represents sixty minutes of instruction services provided to an eligible
adult,  reimbursement  for the 2007-08 school year shall not exceed 63.3
percent of the lesser of such approvable costs per contact hour or  nine
dollars  and  ninety cents per contact hour where a contact hour repres-
ents sixty minutes of  instruction  services  provided  to  an  eligible
adult],  reimbursement for the 2008-09 school year shall not exceed 62.8
percent of the lesser of such approvable costs per contact hour  or  ten
dollars  and  sixty-five  cents  per  contact hour [where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult and],  reimbursement for the 2009-10 school year shall not  exceed
64.1  percent of the lesser of such approvable costs per contact hour or
eleven dollars and fifty cents per contact hour [where  a  contact  hour
represents sixty minutes of instruction services provided to an eligible
adult],  REIMBURSEMENT FOR THE 2010-11 SCHOOL YEAR SHALL NOT EXCEED 62.6
PERCENT OF THE LESSER OF SUCH  APPROVABLE  COSTS  PER  CONTACT  HOUR  OR
TWELVE DOLLARS AND FIVE CENTS PER CONTACT HOUR AND REIMBURSEMENT FOR THE
2011-12  SCHOOL YEAR SHALL NOT EXCEED 62.9 PERCENT OF THE LESSER OF SUCH
APPROVABLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS  AND  FIFTEEN  CENTS
PER  CONTACT  HOUR,  WHERE  A  CONTACT  HOUR REPRESENTS SIXTY MINUTES OF
INSTRUCTION SERVICES PROVIDED TO AN ELIGIBLE ADULT.
  Notwithstanding any other provision of law to the contrary,  [for  the
2006-07 school year such contact hours shall not exceed one million nine
hundred twenty-three thousand seventy-six (1,923,076) hours; whereas for
the  2007-08 school year such contact hours shall not exceed one million
eight hundred thirty-seven thousand sixty  (1,837,060)  hours;  whereas]
for  the  2008-09  school  year  such contact hours shall not exceed one
million nine hundred forty-six thousand one  hundred  seven  (1,946,107)
hours;  whereas for the 2009-10 school year such contact hours shall not
exceed one million seven hundred sixty-three thousand nine hundred seven
(1,763,907) hours; WHEREAS FOR THE  2010-11  SCHOOL  YEAR  SUCH  CONTACT
HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED TWENTY-FIVE THOUSAND ONE
HUNDRED  NINETY-EIGHT  (1,525,198) HOURS; WHEREAS FOR THE 2011-12 SCHOOL
YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION SEVEN  HUNDRED  ONE
THOUSAND FIVE HUNDRED SEVENTY (1,701,570) HOURS.
  Notwithstanding any other provision of law to the contrary, the appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed  as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
ble for aid in accordance with the provisions of such subdivision 11  of
section 3602 of the education law.
  S  66. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion p to read as follows:

S. 2808--B                         19

  P. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF  PAYMENTS  FOR THE 2011-2012 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION  SHALL
WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
  S 67. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, as amended by chapter 2 of  the  laws
of 2011, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2011] 2012.
  S 68. Subdivision 1 of section 167 of chapter 169 of the laws of  1994
relating  to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by chapter 2 of the laws of 2011, is amended to read as follows:
  1. Sections one through seventy of this act shall be  deemed  to  have
been  in  full  force  and effect as of April 1, 1994 provided, however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only  to  hearings  commenced  prior  to September 1, 1994, and provided
further that section twenty-six of this act shall expire and  be  deemed
repealed  on  March  31,  1997;  and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed  repealed  on  March
31,  1997; and provided further that sections three, fifteen, seventeen,
twenty[,] AND twenty-two [and twenty-three] of this act shall expire and
be deemed repealed on March 31, [2012] 2013.
  S 69. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
of  1995,  amending the education law and certain other laws relating to
state aid to school districts and the appropriation  of  funds  for  the
support  of government, as amended by chapter 2 of the laws of 2011, are
amended to read as follows:
  (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
fourteen,  one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2011] 2012 at which time it shall be deemed repealed;
  (24) sections one hundred eighteen through one hundred thirty of  this
act  shall  be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred nineteen of this act shall be  deemed  to  be
repealed on and after July 1, [2011] 2012;
  S  70.  Section  2  of  chapter  386 of the laws of 1996, amending the
education law relating to providing for a waiver allowing state  aid  in
certain  circumstances,  as amended by chapter 2 of the laws of 2011, is
amended to read as follows:
  S 2. This  act  shall  take  effect  immediately,  provided  that  the
provisions  of  this  act shall be deemed to have been in full force and
effect on and after January 1, 1996[, and provided,  further  that  this
act shall be deemed repealed on and after January 1, 2015].
  S 71. Section 7 of chapter 472 of the laws of 1998 amending the educa-
tion  law  relating to the lease of school buses by school districts, as

S. 2808--B                         20

amended by section 46 of part A of chapter 57 of the laws  of  2009,  is
amended to read as follows:
  S  7.  This  act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2011] 2013.
  S 72. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by chapter 2 of  the  laws
of 2011, is amended to read as follows:
  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2011] 2012 when
upon such date the provisions of this act shall be deemed repealed.
  S 73. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
education  law  relating  to  the  provision of supplemental educational
services, attendance at a safe  public  school  and  the  suspension  of
pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
amended by chapter 2 of the laws of 2011, is amended to read as follows:
  S 4. This act shall take effect July 1, 2002 and shall expire  and  be
deemed repealed June 30, [2011] 2012.
  S  74.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by chapter 2 of the laws of 2011, is amended to read
as follows:
  S 5. This act shall take effect immediately;  provided  that  sections
one,  two  and  three of this act shall expire and be deemed repealed on
June 30, [2011] 2012.
  S 75. Intentionally omitted.
  S 76. Intentionally omitted.
  S 77. Intentionally omitted.
  S 78. Intentionally omitted.
  S 79. Intentionally omitted.
  S 80. Intentionally omitted.
  S 81. Section 6-p of the general municipal law is amended by adding  a
new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE GOVERN-
ING BOARD OF A SCHOOL  DISTRICT  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES MAY, DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR,  AUTHORIZE  A WITHDRAWAL FROM THIS FUND IN AN AMOUNT NOT TO EXCEED
THE DOLLAR VALUE OF EXCESS FUNDING IN THE FUND AS DETERMINED AND  CERTI-
FIED  BY THE GOVERNING BOARD.  FUNDS WITHDRAWN PURSUANT TO THIS SUBDIVI-
SION MAY ONLY  BE  USED  FOR  THE  PURPOSE  OF  MAINTAINING  EDUCATIONAL
PROGRAMMING  DURING  THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR.  GOVERNING BOARDS WHICH MAKE SUCH A WITHDRAWAL SHALL SUBMIT, IN  A
FORM  PRESCRIBED  BY THE COMMISSIONER OF EDUCATION, RELEVANT INFORMATION
ABOUT THE WITHDRAWAL, WHICH SHALL INCLUDE BUT NOT  BE  LIMITED  TO,  THE
AMOUNT  OF  SUCH WITHDRAWAL, THE DATE OF WITHDRAWAL, AND THE USE OF SUCH
WITHDRAWN FUNDS. SUCH FUNDS WITHDRAWN BY BOARDS  OF  COOPERATIVE  EDUCA-
TIONAL SERVICES SHALL BE RETURNED TO ITS COMPONENT DISTRICTS IN A MANNER
PRESCRIBED BY THE COMMISSIONER OF EDUCATION.
  S 82. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2011-2012 school year, the commissioner of education shall  allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative education services pursuant to sections 3650-a,  3650-b  and
3650-c of the education law, or for contracts directly with not-for-pro-
fit  educational  organizations  for  the purposes of this section. Such

S. 2808--B                         21

payments shall not exceed four hundred thousand dollars  ($400,000)  per
school year.
  S  83.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by the chapter of the laws of 2011  enacting
the  local assistance budget shall be apportioned for the 2011--12 state
fiscal year in accordance with the provisions of sections 271, 272, 273,
282, 284, and 285 of the education law as amended by the  provisions  of
this  chapter  and the provisions of this section, provided that library
construction aid pursuant to section 273-a of the  education  law  shall
not  be  payable  from  the  appropriations  for  the  support of public
libraries and provided  further  that  no  library,  library  system  or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding any other provision of law to the contrary the  moneys
appropriated for the support of public libraries for the year 2011--2012
by  a  chapter  of the laws of 2011 enacting the local assistance budget
shall fulfill the state's obligation to provide such aid  and,  pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant  to  such  appropriations  shall  be reduced proportionately to
assure that the total amount of aid payable does not  exceed  the  total
appropriations for such purpose.
  S  84.  Special apportionment for salary expenses.  a. Notwithstanding
any other provision of law, upon  application  to  the  commissioner  of
education,  not  sooner  than  the first day of the second full business
week of June, 2012 and not later than the last day  of  the  third  full
business  week  of  June, 2012, a school district eligible for an appor-
tionment pursuant to section 3602 of the education law shall be eligible
to receive an apportionment pursuant to this  section,  for  the  school
year  ending June 30, 2012, for salary expenses incurred between April 1
and June 30, 2012 and such apportionment shall not exceed the sum of (i)
the deficit reduction assessment of 1990-91 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city  with  a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such  amount  for  a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants  accord-
ing  to  the  latest  federal  census  plus (iv) the net gap elimination
adjustment for 2010-2011, as determined by the commissioner of education
pursuant to paragraph e of subdivision 1 of section 3609-a of the educa-
tion law as in effect through June 30, 2011, and provided  further  that
such  apportionment shall not exceed such salary expenses. Such applica-
tion 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 inhab-
itants, 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

S. 2808--B                         22

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

S. 2808--B                         23

section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  86.  a.  Notwithstanding  any  other law, rule or regulation to the
contrary, any moneys appropriated to the state education department  may
be  suballocated  to  other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
  b. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to the state education department from the general
fund/aid to localities,  local  assistance  account-001,  shall  be  for
payment  of  financial  assistance,  as scheduled, net of disallowances,
refunds, reimbursement and credits.
  c. Notwithstanding any other law, rule or regulation to the  contrary,
all  moneys  appropriated  to  the state education department for aid to
localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and  agencies  to
accomplish the intent of the specific appropriations contained therein.
  d.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated  to  the  state  education  department  for  general
support  for  public  schools may be interchanged with any other item of
appropriation for general support for public schools within the  general
fund  local  assistance  account office of prekindergarten through grade
twelve education program.
  S 87. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city  of  Rochester,  upon
the  consent  of  the  board  of cooperative educational services of the
supervisory district serving its geographic  region  may  purchase  from
such  board  for  the  2011-12  school  year,  as a non-component school
district, services required by article 19 of the education law.
  S 88. The amounts specified in this section shall be a  setaside  from
the  state  funds  which  each such district is receiving from the total
foundation aid:
  a. for the purpose of the development,  maintenance  or  expansion  of
magnet  schools  or magnet school programs for the two thousand eleven--
two thousand twelve school year. To the city school district of the city
of New York there shall be paid forty-eight million one  hundred  seven-
ty-five  thousand  dollars ($48,175,000) including five hundred thousand
dollars ($500,000) for the Andrew Jackson High School;  to  the  Buffalo
city  school  district,  twenty-one million twenty-five thousand dollars
($21,025,000); to the Rochester city school  district,  fifteen  million
dollars  ($15,000,000);  to  the Syracuse city school district, thirteen
million dollars ($13,000,000); to  the  Yonkers  city  school  district,

S. 2808--B                         24

forty-nine  million five hundred thousand dollars, ($49,500,000); to the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); to the Poughkeepsie city school district, two
million  four hundred seventy-five thousand dollars ($2,475,000); to the
Mount Vernon city school district, two million dollars ($2,000,000);  to
the  New  Rochelle  city  school  district, one million four hundred ten
thousand dollars ($1,410,000); to the Schenectady city school  district,
one  million  eight  hundred  thousand dollars ($1,800,000); to the Port
Chester city school district, one million  one  hundred  fifty  thousand
dollars  ($1,150,000);  to  the  White Plains city school district, nine
hundred thousand dollars ($900,000); to the Niagara  Falls  city  school
district,  six  hundred  thousand dollars ($600,000); to the Albany city
school district, three  million  five  hundred  fifty  thousand  dollars
($3,550,000);  to  the  Utica  city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the  Middletown  city  school  district,
four  hundred  thousand  dollars  ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh  central  school  district,   three   hundred   thousand   dollars
($300,000);  to  the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the  Peekskill  city  school  district,  two
hundred  thousand  dollars  ($200,000);  and  to  the Hudson city school
district, four hundred thousand dollars ($400,000).
  b. notwithstanding the provisions of paragraph a of this  subdivision,
a school district receiving a grant pursuant to this subdivision may use
such  grant  funds  for:  (i) any instructional or instructional support
costs associated with the operation of a  magnet  school;  or  (ii)  any
instructional or instructional support costs associated with implementa-
tion  of an alternative approach to reduction of racial isolation and/or
enhancement of the instructional program and  raising  of  standards  in
elementary  and secondary schools of school districts having substantial
concentrations of minority students. The commissioner of education shall
not be authorized to withhold magnet grant funds from a school  district
that  used such funds in accordance with this paragraph, notwithstanding
any inconsistency with a request for proposals issued  by  such  commis-
sioner.
  c.  for  the  purpose of attendance improvement and dropout prevention
for the two thousand eleven--two thousand twelve school  year,  for  any
city  school  district  in  a  city having a population of more than one
million, the setaside for attendance improvement and dropout  prevention
shall  equal the amount set aside in the base year. For the two thousand
eleven--two thousand twelve school year, it is further provided that any
city school district in a city having a  population  of  more  than  one
million shall allocate at least one-third of any increase from base year
levels  in funds set aside pursuant to the requirements of this subdivi-
sion to community-based organizations. Any increase required pursuant to
this subdivision to community-based organizations must be in addition to
allocations provided to community-based organizations in the base year.
  d. for the purpose of teacher support for the two thousand eleven--two
thousand twelve school year: to the city school district of the city  of
New  York,  sixty-two  million  seven  hundred  seven  thousand  dollars
($62,707,000); to the Buffalo city school district,  one  million  seven
hundred  forty-one  thousand dollars ($1,741,000); to the Rochester city
school district, one million seventy-six thousand dollars  ($1,076,000);
to the Yonkers city school district, one million one hundred forty-seven
thousand dollars ($1,147,000); and to the Syracuse city school district,

S. 2808--B                         25

eight hundred nine thousand dollars ($809,000). All funds made available
to  a  school district pursuant to this subdivision shall be distributed
among teachers including prekindergarten teachers and teachers of  adult
vocational and academic subjects in accordance with this subdivision and
shall  be  in addition to salaries heretofore or hereafter negotiated or
made available; provided, however, that all funds  distributed  pursuant
to  this section for the current year shall be deemed to incorporate all
funds distributed pursuant to former subdivision 27 of section  3602  of
the  education law for prior years. In school districts where the teach-
ers are represented by certified or recognized  employee  organizations,
all salary increases funded pursuant to this section shall be determined
by separate collective negotiations conducted pursuant to the provisions
and  procedures  of article 14 of the civil service law, notwithstanding
the existence of a negotiated agreement between a school district and  a
certified or recognized employee organization.
  S 89. Severability. The provisions of this act shall be severable, and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the  case  may  be,  to  any  other
person  or  circumstance,  but shall be confined in its operation to the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 90. This act shall take effect immediately; and shall be  deemed  to
have been in full force and effect on and after April 1, 2011, provided,
however, that:
  1.  sections  seventy-two  through seventy-four of this act shall take
effect immediately and shall be deemed to have been in  full  force  and
effect on and after June 30, 2011;
  2.  sections  two,  three,  sixty-five and sixty-six of this act shall
take effect immediately and shall be deemed to have been in  full  force
and effect on and after July 1, 2010;
  3.  sections  twenty-six, twenty-seven, thirty-five, thirty-six, thir-
ty-eight, forty-two through forty-four, forty-six,  fifty-eight,  sixty-
four,  eighty-two,  eighty-seven and eighty-eight of this act shall take
effect July 1, 2011;
  4. section sixty-seven of this act shall take effect immediately,  and
shall  be  deemed to have been in full force and effect on and after the
effective date of section 85 of part H of chapter  83  of  the  laws  of
2002;
  5.  section  sixty-eight  of  this act shall be deemed to have been in
full force and effect on and after the effective date of section 101  of
chapter 436 of the laws of 1997;
  6.  section  sixty-nine of this act shall take effect immediately, and
shall be deemed to have been in full force and effect as of  the  effec-
tive date of section 140 of chapter 82 of the laws of 1995;
  7. section seventy of this act shall take effect immediately and shall
be  deemed to have been in full force and effect on and after January 1,
2011;
  8. section eighty-six of this act shall take effect  immediately,  and
shall be deemed to have been in full force and effect on and after April
1, 2010 and shall be deemed repealed on March 31, 2012;

S. 2808--B                         26

  9.  the amendment to section 2856 of the education law made by section
twenty-one  of this act shall not affect the expiration and reversion of
such subdivision and shall be deemed to expire therewith when upon  such
date the provisions of section twenty-two of this act shall take effect;
  10.    notwithstanding  the  provisions  of  article  5 of the general
construction law, the provisions of subdivision 6 of section 4402 of the
education law, as amended by section fifty-eight of this act, are hereby
revived and shall continue in full force and effect as  such  provisions
existed  on  July 1, 2011; provided that the amendments to such subdivi-
sion 6 shall not affect the repeal of such subdivision;
  11. the amendments to chapter 756 of the  laws  of  1992  relating  to
funding  a  program for work force education conducted by the consortium
for worker education in New York city made by  sections  sixty-five  and
sixty-six  of  this  act shall not affect the repeal of such chapter and
shall be deemed repealed therewith;
  12. notwithstanding  the  provisions  of  article  5  of  the  general
construction law, the provisions of section 4 of chapter 425 of the laws
of  2002 amending the education law relating to the provision of supple-
mental educational services, attendance at a safe public school and  the
suspension  of  pupils  who  bring  a firearm at a school, as amended by
section seventy-three of this act are hereby revived and shall  continue
in  full  force  and effect as such provisions existed on June 30, 2011;
and
  13. notwithstanding  the  provisions  of  article  5  of  the  general
construction law, the provisions of section 5 of chapter 101 of the laws
of  2003 amending the education law relating to implementation of the No
Child Left Behind Act of 2001, as amended  by  section  seventy-four  of
this  act are hereby revived and shall continue in full force and effect
as such provisions existed on June 30, 2011.

                                PART A-1

  Intentionally omitted.

                                 PART B

  Section 1. Subdivision 2 of section  701  of  the  education  law,  as
amended  by  section  8 of part L of chapter 405 of the laws of 1999, is
amended to read as follows:
  2. A text-book, for the purposes of this section shall mean:  (i)  any
book,  or  a book substitute, which shall include hard covered or paper-
back books, work books, or manuals and (ii) for expenses incurred  after
July  first,  nineteen  hundred  ninety-nine,  any  courseware  or other
content-based instructional materials in an electronic format,  as  such
terms  are defined in the regulations of the commissioner, which a pupil
is required to use as a text, or  a  text-substitute,  in  a  particular
class  or program in the school he or she legally attends.  FOR EXPENSES
INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, A TEXT-BOOK  SHALL
ALSO  MEAN  ITEMS  OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTIONMENT
PURSUANT TO SECTIONS  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE
AND/OR  SEVEN  HUNDRED  FIFTY-THREE  OF THIS TITLE, WHERE SUCH ITEMS ARE
DESIGNATED BY THE SCHOOL DISTRICT AS ELIGIBLE FOR AID PURSUANT  TO  THIS
SECTION, PROVIDED, HOWEVER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH
EXPENSES  SHALL  NOT  BE  AIDABLE  PURSUANT TO ANY OTHER SECTION OF LAW.
Expenditures aided pursuant to this section shall not  be  eligible  for
aid pursuant to ANY OTHER section [seven hundred eleven or seven hundred

S. 2808--B                         27

fifty-one]  of  [this  chapter] LAW.   Courseware or other content-based
instructional materials in an electronic format included  in  the  defi-
nition  of textbook pursuant to this subdivision shall be subject to the
same  limitations on content as apply to books or book substitutes aided
pursuant to this section.
  S 2. Subdivision 2 of section 711 of the education law,  as  added  by
chapter 53 of the laws of 1985, is amended to read as follows:
  2.  School  library  materials, for the purposes of this article shall
mean both audio/visual materials and printed materials that may  or  may
not  require magnification which meet all of the following criteria: (1)
materials which are catalogued and  processed  as  part  of  the  school
library  or  media  center for use by elementary and/or secondary school
children and teachers; (2) materials which with reasonable care and  use
may  be  expected  to  last  more than one year; and (3) materials which
would not be eligible for aid pursuant to sections seven hundred one and
seven hundred fifty-one of this [chapter] TITLE.  School library materi-
als meeting these criteria may include  (i)  hard  cover  and  paperback
books, periodicals, that is, publications which appear at regular inter-
vals of less than one year on a continuing basis for an indefinite peri-
od, documents other than books, pamphlets, musical scores, other printed
and  published  materials,  and  (ii)  for  school year nineteen hundred
eighty-six--eighty-seven and thereafter, audio/visual materials  includ-
ing  films, film strips, micro-film, sound recordings, processed slides,
transparencies, [kinescopies] KINESCOPES,  video  tapes,  maps,  charts,
globes,  pictorial  works,  including pictures and picture sets, reprod-
uctions, photographs, graphic works, and any other audio/visual  materi-
als  of  a  similar nature made.  FOR EXPENSES INCURRED ON OR AFTER JULY
FIRST, TWO THOUSAND ELEVEN, SCHOOL LIBRARY  MATERIALS  SHALL  ALSO  MEAN
ITEMS  OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, 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,  HOWEV-
ER,  THAT  IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES SHALL NOT BE
AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW.
  S 3. Subdivision 2 of section 751 of the education law, as amended  by
section  6  of  part  A of chapter 57 of the laws of 2009, is amended to
read as follows:
  2. A software program, for the purposes of this article shall mean (a)
a computer program which a pupil is required to use as a learning aid in
a particular class in the school the pupil legally attends, or  (b)  for
expenses incurred after July first, two thousand nine, any content-based
instructional  materials  in  an electronic format that are aligned with
state standards which are accessed or  delivered  through  the  internet
based  on  a  subscription  model.  Such electronic format materials may
include a variety of media assets and learning tools,  including  video,
audio,  images,  teacher guides, and student access capabilities as such
terms are defined in the regulations of the commissioner.  FOR  EXPENSES
INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, A SOFTWARE PROGRAM
SHALL ALSO MEAN ITEMS OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTION-
MENT PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN AND/OR
SEVEN HUNDRED FIFTY-THREE OF THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED
BY  THE  SCHOOL  DISTRICT  AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION,
PROVIDED, HOWEVER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES
SHALL NOT BE AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW.

S. 2808--B                         28

  S 4. Subdivision 1 of section 753 of the education law,  as  added  by
section  7-a  of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  1. In addition to any other apportionment under this chapter, a school
district  shall be eligible for an apportionment under the provisions of
this section for approved expenses for (i)  the  purchase  or  lease  of
micro  and/or  mini  computer  equipment  or terminals for instructional
purposes or (ii) technology equipment, as  defined  in  paragraph  c  of
subdivision  two  of  this  section, used for instructional purposes, or
(iii) for the repair of such equipment and training and  staff  develop-
ment  for  instructional  purposes  as provided hereinafter, OR (IV) FOR
EXPENSES INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, ANY ITEMS
OF EXPENDITURE THAT  ARE  ELIGIBLE  FOR  AN  APPORTIONMENT  PURSUANT  TO
SECTIONS  SEVEN  HUNDRED  ONE, SEVEN HUNDRED ELEVEN AND/OR SEVEN HUNDRED
FIFTY-ONE OF THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED BY  THE  SCHOOL
DISTRICT  AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION, PROVIDED, HOWEV-
ER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES SHALL  NOT  BE
AIDABLE  PURSUANT  TO  ANY  OTHER  SECTION  OF  LAW.   Such aid shall be
provided pursuant to a plan developed by the district which demonstrates
to the satisfaction of the commissioner that the instructional  computer
hardware  needs  of  the  district's  public  school  students have been
adequately met and that the school district has provided for the loan of
instructional computer hardware to students legally attending  nonpublic
schools  pursuant  to  section seven hundred fifty-four of this article.
The apportionment shall equal the lesser of such approved expense in the
base year or, the product of (i) the technology factor, (ii) the sum  of
the  public  school district enrollment and the nonpublic school enroll-
ment in the base year as defined in subparagraphs two and three of para-
graph n of subdivision one of section thirty-six  hundred  two  of  this
chapter,  and  (iii)  the  building aid ratio, as defined in subdivision
four of section thirty-six hundred two of this chapter. For aid  payable
in  the two thousand seven--two thousand eight school year and thereaft-
er, the technology factor shall be twenty-four dollars and twenty cents.
A school district may use up to twenty percent of the product of (i) the
technology factor, (ii) the sum of the public school district enrollment
and the nonpublic school enrollment in  the  base  year  as  defined  in
subparagraphs two and three of paragraph n of subdivision one of section
thirty-six hundred two of this chapter, and (iii) the building aid ratio
for  the repair of instructional computer hardware and technology equip-
ment and training  and  staff  development  for  instructional  purposes
pursuant to a plan submitted to the commissioner.
  S 5. Intentionally Omitted.
  S  6.  The general municipal law is amended by adding a new section 25
to read as follows:
  S 25. FUNDING OF MANDATES. 1. DEFINITIONS. AS USED  IN  THIS  SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR
  (II)  ANY  GENERAL  LAW  WHICH  GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL  CORPO-
RATION IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:

S. 2808--B                         29

  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
MUNICIPAL  CORPORATION IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO THE MUNICIPAL CORPORATION;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
THE  PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO
PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL  COST  TO  THE  MUNICIPAL
CORPORATION; OR
  (III)  ANY  GENERAL  LAW  WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL  CORPO-
RATION  IS  REQUIRED  TO  PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL
COST TO THE MUNICIPAL CORPORATION.
  (C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED  OR  ANTIC-
IPATED  TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
PERFORMING OR ADMINISTERING A MANDATE AFTER  SUBTRACTING  THEREFROM  ANY
REVENUES  RECEIVED  OR  RECEIVABLE BY THE LOCAL GOVERNMENT ON ACCOUNT OF
THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II) STATE OR  FEDERAL  AID  PAID  SPECIFICALLY  OR  CATEGORICALLY  IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR  SERVICE  DIRECTLY  ATTRIBUTABLE  TO  THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2.  EXEMPTIONS  TO  THE  FUNDING  OF  MUNICIPAL  CORPORATION  MANDATES
REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED  TO  FUND  ANY  NEW  OR
EXPANDED PROGRAMS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
  (II)  THE  MANDATE  IS  PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT
UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE  RATHER  THAN
MANDATORY;
  (III)  THE  MANDATE  RESULTS  FROM  THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT  THE  PROGRAM
OR  SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT LOCAL GOVERNMENT WHICH REQUESTS THE AUTHORITY  TO  IMPOSE  THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (V)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY  THE
FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED  ON  MUNICIPAL  CORPORATIONS  SHALL  BE
CONSISTENT  WITH  THE  NEEDS  OF THE STATE AND MUNICIPAL CORPORATIONS TO
PLAN IMPLEMENTATION THEREOF AND  CONSISTENT  WITH  THE  AVAILABILITY  OF
REQUIRED FUNDS.
  S  7.  The  education law is amended by adding a new section 1527-a to
read as follows:
  S 1527-A. FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1.    DEFI-
NITIONS.  AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:
  (I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM  OR
REQUIRES  A  HIGHER  LEVEL  OF  SERVICE  FOR AN EXISTING PROGRAM WHICH A

S. 2808--B                         30

SCHOOL DISTRICT ORGANIZED EITHER BY SPECIAL  LAWS  OR  PURSUANT  TO  THE
PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR
  (II)  ANY  GENERAL  LAW  WHICH  GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION  WHICH  ANY  SUCH  SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN  EXISTING  PROGRAM  WHICH  ANY
SUCH  SCHOOL  DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO ANY  SUCH  SCHOOL  DISTRICT
FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED
TO  PROVIDE,  THEREBY  RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL
DISTRICT; OR
  (III) ANY GENERAL LAW WHICH GRANTS A NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A  NET  ADDITIONAL
COST TO SUCH SCHOOL DISTRICT.
  (C)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL  DISTRICT  IN
PERFORMING  OR  ADMINISTERING  A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE SCHOOL DISTRICT ON ACCOUNT OF THE
MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II) STATE OR  FEDERAL  AID  PAID  SPECIFICALLY  OR  CATEGORICALLY  IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR  SERVICE  DIRECTLY  ATTRIBUTABLE  TO  THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2.  EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
FOR SCHOOL DISTRICTS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
  (II) THE MANDATE IS PROVIDED AT THE  OPTION  OF  THE  SCHOOL  DISTRICT
UNDER  A  LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
  (III) THE MANDATE RESULTS FROM THE PASSAGE  OF  A  HOME  RULE  MESSAGE
WHEREBY A SCHOOL DISTRICT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR
SERVICE  SPECIFIED  IN  THE  STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE  AUTHORITY  TO  IMPOSE  THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (V)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY  THE
FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL DISTRICTS SHALL BE CONSISTENT
WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN  IMPLEMENTATION
THEREOF, AND ALSO CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS.
  S  8.  Short  title.   Sections eight through twenty-three of this act
shall be known and may be cited as "the school paperwork elimination and
reduction act of 2011".
  S 9. Intentionally  omitted.

S. 2808--B                         31

  S 10. Section 101-b of the education law, as added by chapter  378  of
the laws of 2010, is amended to read as follows:
  S  101-b.  Paperwork  reduction.  1. [The] IT SHALL BE THE DUTY OF THE
commissioner [shall be authorized to receive and accept reports,  plans,
applications  and all other information required to be reported by stat-
ute or regulation  through  electronic  means.  The  commissioner  shall
accept  hard  copy  non-electronic  filings or submissions if the school
district  is  able  to  demonstrate  that  complying   with   electronic
submission  requirements  would  create  undue  hardship  for the school
district or some other good cause  exists  that  would  make  electronic
submission extremely impractical for the school district.] TO REDUCE THE
PAPER  WORK  BURDEN ON SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCA-
TIONAL  SERVICES  BY  ELIMINATING  AND  AVOIDING  DUPLICATIVE  REPORTING
REQUIREMENTS  WHEREVER POSSIBLE, AND BY CONSOLIDATING PLANS, REPORTS AND
APPLICATIONS, WHERE POSSIBLE, WHILE FOCUSING PLANNING AND  REPORTING  ON
RESULTS  RATHER  THAN  THE  PROCESSES  TO ACHIEVE THEM. THE COMMISSIONER
SHALL CONFORM STATE  REPORTING  AND  PLANNING  REQUIREMENTS  TO  FEDERAL
REQUIREMENTS, WHERE POSSIBLE, AND SHALL SEEK FEDERAL WAIVERS WHERE NEED-
ED TO ALIGN STATE AND FEDERAL REQUIREMENTS.
  2.  [It  shall  be the duty of the commissioner to review all existing
reports and plans that school districts and boards of cooperative educa-
tional services are required to submit and by November first, two  thou-
sand  ten,  the  commissioner  shall submit to the board of regents, the
governor, the speaker of the assembly, the temporary  president  of  the
senate,  the  director  of  the  budget and the chairs of the respective
fiscal and education committees of  the  senate  and  assembly  specific
recommendations   to  eliminate  unnecessary  or  duplicative  reporting
requirements;  and  where  possible,  recommendations   to   consolidate
reports,  plans  and  other  information required to be submitted to the
commissioner including which recommendations could be implemented admin-
istratively  and  which  would  require  statutory  authorization.]  THE
COMMISSIONER  SHALL REDUCE THE NUMBER OF PLANS, REPORTS AND APPLICATIONS
REQUIRED BY LAW, OF SCHOOL DISTRICTS AND BOARDS  OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES BY ESTABLISHING STREAMLINED AND UNIFIED ELECTRONIC DATA
COLLECTION SYSTEMS WHICH ELIMINATE REDUNDANT REPORTING, CONNECT PLANNING
AND REPORTING, AND WHICH FOCUS ON COLLECTING DATA AND REQUIRING PLANNING
ONLY WHEN NECESSARY TO ASSURE FISCAL AND PROGRAMMATIC ACCOUNTABILITY, TO
FOSTER CONTINUOUS SCHOOL IMPROVEMENT AND CLOSE THE  GAP  BETWEEN  ACTUAL
AND  DESIRED  STUDENT  ACHIEVEMENT, AND TO ASSURE SCHOOLS PROVIDE A SAFE
AND SECURE ENVIRONMENT AND/OR PROTECT THE HEALTH AND SAFETY OF  STUDENTS
AND STAFF. SUCH SYSTEMS SHALL MATCH OVERSIGHT WITH THE DEGREE OF RISK BY
LINKING  PLANNING  AND  REPORTING  TO THE STATE SYSTEM OF ACCOUNTABILITY
REQUIRED UNDER FEDERAL LAW, PROVIDING FOR AN AUDIT BASED  ASSESSMENT  OF
RISK  OF  POOR  STUDENT PERFORMANCE, POOR FISCAL PERFORMANCE OR IMPROPER
MANAGEMENT OR USE OF PUBLIC  FUNDS.  THE  COMMISSIONER  SHALL  ESTABLISH
PARTNERSHIPS  WITH  SELECTED  SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE
EDUCATIONAL SERVICES TO PROMOTE BETTER  USE  OF  REQUIRED  PLANNING  AND
REPORTING  AND  SHALL  ASSURE  THAT  REPORTING REQUIREMENTS INCLUDE DATA
WHICH CAN BE USED TO IDENTIFY BEST  PRACTICES.  THE  COMMISSIONER  SHALL
PROVIDE  FOR  THE  SHARING  OF  EFFECTIVE PLANNING PRACTICES WITH SCHOOL
DISTRICTS AND,  TO  THE  EXTENT  PRACTICABLE,  SHALL  PROVIDE  TECHNICAL
ASSISTANCE  ON  THE  USE OF DATA FOR PLANNING, INVOLVE BOARDS OF COOPER-
ATIVE EDUCATIONAL SERVICES  AND  INSTITUTIONS  OF  HIGHER  EDUCATION  IN
PROVIDING  TRAINING  ON THE USE OF DATA FOR STRATEGIC PLANNING TO SUPER-
INTENDENTS OF SCHOOLS, SCHOOL BUSINESS OFFICIALS AND  TEACHERS,  PROVIDE

S. 2808--B                         32

FOR  TRAINING ON THE USE OF DATA IN PLANNING TO SCHOOL BOARD MEMBERS AND
INVOLVE RESEARCHERS IN DATA ANALYSIS AND EVALUATION.
  S 11. Section 215-b of the education law, as amended by chapter 301 of
the laws of 1996, is amended to read as follows:
  S 215-b. Annual  report  by  commissioner to governor and legislature.
The commissioner shall prepare and submit to the governor, the president
pro tem of the senate and the speaker of the  assembly  not  later  than
January first, nineteen hundred ninety-six and by the first day of Janu-
ary  in  each  year  thereafter,  a  report  detailing the financial and
statistical outcomes of boards of cooperative educational services which
shall[, at minimum,] set forth with  respect  to  the  preceding  school
year[:  tuition  costs  for  selected  programs; standard per pupil cost
information for selected services as determined by the commissioner; and
aggregate expenditure data for the following categories: administration,
instructional services, career education, special  education,  rent  and
facilities  and  other  services;  and  such other information as deemed
appropriate] INFORMATION  NECESSARY  TO  ASSURE  THE  ACCOUNTABILITY  OF
BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES FOR ITS FISCAL AND PROGRAM-
MATIC RESOURCES, AS SET FORTH IN REGULATIONS TO  BE  PRESCRIBED  by  the
commissioner. The format for such report shall be developed in consulta-
tion with school district officials and the director of the budget. Such
report  will  include changes from the year prior to the report year for
each such item for all boards of cooperative educational services.  Such
report shall be distributed to all school districts and boards of  coop-
erative  educational  services  and shall be made available to all other
interested parties upon request.
  S 12. Subdivision 2 of section 806 of the education law, as amended by
chapter 946 of the laws of 1973, is amended to read as follows:
  2. The regents shall determine the subjects to  be  included  in  such
courses  of instruction in highway safety and traffic regulation includ-
ing bicycle safety, and the period of instruction in each of the  grades
in such subjects.  [They shall adopt rules providing for attendance upon
such instruction and for such other matters as are required for carrying
into  effect  the  teaching  of the courses of instruction prescribed by
this section.  The commissioner of education shall  be  responsible  for
the  enforcement  of  such  section  and shall cause to be inspected and
supervise the instruction to be given in such subjects. The commissioner
may, in his discretion, cause all or a  portion  of  the  public  school
money to be apportioned to a district or city to be withheld for failure
of  the  school authorities of such district or city to provide instruc-
tion in such courses and to compel attendance upon such instruction,  as
herein prescribed, and for a noncompliance with the rules of the regents
adopted as herein provided.]
  S  13.  Subparagraph 1 of paragraph b 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)  Prepare,  prior to the annual meeting of members of the boards of
education and school trustees, held as provided in paragraph o  of  this
subdivision, a tentative budget of expenditures for the program costs, a
tentative  budget  for  capital  costs,  and  a tentative budget for the
administration costs of the board of cooperative  educational  services.
Such  budgets  shall include the proposed budget for the upcoming school
year, the previous school year's actual costs  and  the  current  school
year's  projected  costs  for  each object of expenditure. Such program,
capital and administrative budgets shall  be  separately  delineated  in
accordance  with  the  definition of program, capital and administrative

S. 2808--B                         33

costs which shall be promulgated by the commissioner after  consultation
with  school district officials and the director of the budget. Personal
service costs for each budget shall  include  the  number  of  full-time
equivalent  positions funded and total salary and, except as noted here-
in, fringe benefit costs for such positions  by  program.  Each  program
budget  shall  also  include  the local and statewide unit costs of such
programs and services proposed for the upcoming school year, such actual
unit costs for the previous school year, and the current  school  year's
projected  unit costs, all established in accordance with paragraph d of
this subdivision. The capital budget shall include facility construction
and lease expenditures authorized pursuant to paragraphs p, t and  u  of
this  subdivision, payments for the repayment of indebtedness related to
capital projects, payments for the acquisition or construction of facil-
ities, sites or additions, provided that such  budget  shall  contain  a
rental,  operations  and maintenance section that will include base rent
costs, total rent costs, operations and maintenance  charges,  cost  per
square  foot for each facility rented or leased by such board of cooper-
ative educational services, and any and all expenditures associated with
custodial salaries and benefits, service contracts, supplies, utilities,
maintenance and repairs for such facilities, and that such budget  shall
include  the  annual  debt  service  and  total  debt for all facilities
financed by bonds or notes of the component districts, annual rental and
lease payments and total rental and lease costs for all facilities rent-
ed by such board; such capital budget shall  also  include  expenditures
resulting  from court judgments and orders from administrative bodies or
officers, and, to the extent a board's administrative  budget  has  been
adopted,  one-time costs incurred in the first year in which an employee
retires. The administrative budget shall include, but need not be limit-
ed to, office and central administrative  expenses,  traveling  expenses
and  salaries  and  benefits of supervisors and administrative personnel
necessary to carry out the central administrative duties of the supervi-
sory district, any and all expenditures associated with the  board,  the
office  of  district  superintendent,  general  administration,  central
support services, planning, and  all  other  administrative  activities.
Such administrative budget shall also specify the amount of supplementa-
ry  salary  and  benefits,  if any, which the board determines should be
paid to the district superintendent  of  schools  and  the  board  shall
append  to such budget a detailed statement of the total compensation to
be paid the district superintendent of schools by the board, including a
delineation of the salary, annualized cost of benefits and  any  in-kind
or  other  form  of  remuneration  to be paid, plus, commencing with the
presentation of the budget for the nineteen hundred  ninety-seven--nine-
ty-eight  school  year,  [a  list  of  items  of  expense  eligible  for
reimbursement on expense accounts in the  ensuing  school  year  and]  a
statement  of the amount of expenses paid to the district superintendent
of schools in the prior year for purposes of carrying  out  his  or  her
official duties.
  S  14.  Subparagraph 5 of paragraph b 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:
  (5)  The  trustees  or  board  of  education  of each component school
district of the board of cooperative educational services shall adopt  a
public  resolution  which  shall  approve  or  disapprove such tentative
administrative budget at a regular or special meeting to be held  within
the  component  district  on the date designated pursuant to subdivision
two-a of this section as the date for election of members of  the  board

S. 2808--B                         34

of  cooperative  educational  services,  or  in the case of the board of
education of a central high school district on the regular business  day
next following such designated date.
  If the resolutions adopted by the trustees or boards of education of a
majority  of  the component school districts of the board of cooperative
educational services actually voting approve the  tentative  administra-
tive budget, the board of cooperative educational services may adopt the
tentative  administrative  budget without modification. If a majority of
the component school districts actually voting fail to adopt resolutions
approving such tentative administrative budget,  or  if  the  number  of
component  school  districts  approving  the budget equals the number of
school districts disapproving  the  budget,  the  board  of  cooperative
educational  services  shall prepare and adopt a contingency administra-
tive budget which shall not exceed  the  amount  of  the  administrative
budget of the board of cooperative educational services for the previous
school  year except to accommodate expenditure increases attributable to
supplemental retirement allowances  payable  pursuant  to  section  five
hundred  thirty-two  of  this  chapter  and section seventy-eight of the
retirement and social security law.   THE BOARD  OF  COOPERATIVE  EDUCA-
TIONAL SERVICES SHALL NOT BE REQUIRED TO SUBMIT ITS SEPARATE ADMINISTRA-
TIVE BUDGET TO THE COMMISSIONER FOR APPROVAL.
  S 15. Subparagraph 2-a of paragraph d of subdivision 4 of section 1950
of the education law is REPEALED.
  S 16. Subparagraphs 3 and 4 of paragraph d of subdivision 4 of section
1950  of  the  education  law,  as amended by chapter 474 of the laws of
1996, are 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] THAT have been approved by the commissioner to be made available
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
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

S. 2808--B                         35

the  ensuing  year  and the actual statewide unit cost shall be based on
actual participation through the end of each year].
  (4) Contracts for shared services; allocation of costs. Each component
school  district  shall on or before the first day of May following such
notification notify the board of cooperative educational services of its
intention to participate or not to participate in such  shared  services
and  the  specific  services which such district elects to utilize. Each
participating component school district shall be  required  to  pay  the
board  of  cooperative educational services for the cost of the services
set forth in such notification, except for adjustments caused by  subse-
quent  unanticipated  changes in the district's enrollment. The board of
cooperative educational services shall enter  into  contracts  with  its
component  school  districts for such requested services. A copy of each
executed contract for such purpose shall be [filed with the commissioner
by] ON FILE WITH the  board  of  cooperative  educational  services  AND
AVAILABLE  FOR  PUBLIC  INSPECTION UPON REQUEST on or prior to the first
day of August of each year. Notwithstanding the provisions of  paragraph
b  of  this  subdivision,  any  component school district which does not
elect to participate in any such specific cooperative  services  author-
ized  under this paragraph shall not be required to pay any share of the
moneys provided in the budget as salaries of teachers or other personnel
employed in providing such service, for equipment and supplies for  such
service or for transportation of pupils to and from the place where such
service  is  maintained.  Provided, further, that a board of cooperative
educational services may allocate the cost of such services to component
school districts in accordance with terms agreed upon between such board
and three-quarters of the boards of  education  and  trustees  of  local
school districts participating in the service.
  S  17.  Paragraph aa of subdivision 4 of section 1950 of the education
law, as added by chapter 595 of the laws of 1978, is amended to read  as
follows:
  aa. Notwithstanding any other provision of law, a board of cooperative
educational  services  may[,  with  the  prior  written  approval of the
commissioner,] contract to accept from a leasing company which has qual-
ified as lowest bidder pursuant to the provisions of the general munici-
pal law a sum sufficient to purchase data processing equipment from  the
manufacturer  thereof,  pay  such sum to the manufacturer of said equip-
ment, receive the equipment and title thereto and convey the same to the
leasing company with a simultaneous lease of  the  equipment  from  such
leasing  company  to the board of cooperative educational services for a
specified period of years. Before any such agreement shall be  executed,
the  board  of cooperative educational services shall adopt a resolution
determining that such agreement is in the best financial interest of the
board. Such lease may be renewed for a further specified period of years
[with the prior approval of the commissioner of education].
  S 18. Subdivision 2 of section 2201 of the education law,  as  amended
by chapter 295 of the laws of 1993, is amended to read as follows:
  2.  Whenever  a  vacancy  hereafter  occurs  in the office of district
superintendent of schools in any supervisory district  or  whenever  the
commissioner  receives  a  letter  of resignation from a district super-
intendent, the commissioner [shall] MAY survey the field in  the  county
where the vacancy occurred, and if it shall find that the continuance of
the number of supervisory districts then existing is no longer necessary
to  serve  adequately  the educational interests of the county he or she
shall be authorized to conduct a study to examine the possible  reorgan-

S. 2808--B                         36

ization of such supervisory district if no such study has been conducted
within five years.
  S  19.  Subdivision 5 of section 2802 of the education law, as amended
by chapter 378 of the laws of 2010, is amended to read as follows:
  5. By April first of each year, the commissioner shall report  to  the
governor,  the  legislature and the regents concerning the prevalence of
violence and disruptive incidents in the public schools, and the  effec-
tiveness of school programs undertaken to reduce violence and assure the
safety  and  security of students and school personnel. The report shall
summarize the information available from the incident reporting  system,
and compare the incidence of violent and disruptive incidents of schools
and  school districts and boards with other schools and school districts
and boards based on similarity in size and grade levels and other  char-
acteristics,  including student need and resources, as determined by the
commissioner. [The report shall also, to the extent possible, relate the
results available from the incident reporting system, together with such
other analysis and information as the commissioner determines is  appro-
priate,  to  the effectiveness of school violence measures undertaken by
participating schools and school districts, including the  school  codes
and  school  safety  plans required by sections twenty-eight hundred one
and twenty-eight hundred one-a of this article.]
  S 20. Paragraph d of subdivision 26-a of section 3602 of the education
law is REPEALED.
  S 21. Subdivision 13  of  section  3602-e  of  the  education  law  is
REPEALED.
  S  22. Clause (e) of subparagraph 5 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
  S 23. Paragraph b of subdivision 1 of section 4452  of  the  education
law is REPEALED.
  S  24.  Subparagraph 2 of paragraph d of subdivision 4 of section 1950
of the education law, as added by chapter 474 of the laws  of  1996,  is
amended to read as follows:
  (2) Certain services prohibited. Commencing with the [nineteen hundred
ninety-seven--ninety-eight]  TWO  THOUSAND  ELEVEN--TWO  THOUSAND TWELVE
school year, the commissioner shall [not] be authorized to approve as an
aidable shared service pursuant  to  this  subdivision  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,  PROVIDED  THAT  THE  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES DEMONSTRATES TO THE SATISFACTION OF THE
COMMISSIONER  THAT THE PROVISION OF SUCH SERVICE BY THE BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES WILL RESULT IN A COST SAVINGS TO  PARTICIPAT-
ING  SCHOOL  DISTRICTS.   [On and after the effective date of this para-
graph, the commissioner shall not approve, as an aidable shared service,
any new cooperative maintenance or municipal services for  the  nineteen
hundred  ninety-six--ninety-seven school year, provided that the commis-
sioner may approve the continuation of such services  for  one  year  if
provided in the nineteen hundred ninety-five--ninety-six school year.]
  S  25.  The education law is amended by adding a new section 1527-b to
read as follows:
  S 1527-B. SHARED SUPERINTENDENT  PROGRAM.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OR  LAW,  RULE  OR  REGULATION TO THE CONTRARY, THE GOVERNING
BOARD OF A SCHOOL DISTRICT WITH AN ENROLLMENT OF LESS THAN ONE  THOUSAND
STUDENTS IN THE PREVIOUS YEAR SHALL BE AUTHORIZED TO ENTER INTO A SCHOOL
SUPERINTENDENT  SHARING CONTRACT WITH NO MORE THAN TWO ADDITIONAL SCHOOL

S. 2808--B                         37

DISTRICTS EACH OF WHICH HAVE FEWER THAN ONE THOUSAND IN ENROLLED  PUPILS
IN  THE  PREVIOUS  YEAR. EACH SHARED SUPERINTENDENT ARRANGEMENT SHALL BE
GOVERNED BY THE BOARDS OF EDUCATION OF THE SCHOOL DISTRICTS  PARTICIPAT-
ING  IN  THE SHARED CONTRACT.  PROVIDED HOWEVER, THAT THIS SECTION SHALL
NOT BE CONSTRUED TO ALTER, EFFECT  OR  IMPAIR  ANY  EMPLOYMENT  CONTRACT
WHICH  IS  IN  EFFECT  ON OR BEFORE JULY FIRST, TWO THOUSAND EIGHT.  ANY
SCHOOL DISTRICT WHICH HAS ENTERED INTO A SCHOOL  SUPERINTENDENT  SHARING
PROGRAM  WILL CONTINUE TO BE ELIGIBLE TO COMPLETE SUCH CONTRACT NOTWITH-
STANDING THAT THE ENROLLMENT OF THE SCHOOL DISTRICT EXCEEDED  ONE  THOU-
SAND STUDENTS AFTER ENTERING INTO A SHARED SUPERINTENDENT CONTRACT.
  S  26.  Section  3602  of the education law is amended by adding a new
subdivision 6-d to read as follows:
  6-D. BUILDING AID FOR JOINT MUNICIPAL FACILITIES. A. AS USED  IN  THIS
SUBDIVISION,  "MUNICIPAL  CORPORATION"  SHALL  MEAN  A COUNTY, A CITY, A
TOWN, OR A VILLAGE.
  B. ONE OR MORE SCHOOL DISTRICTS  ELIGIBLE  FOR  TOTAL  FOUNDATION  AID
PURSUANT  TO  THIS SECTION THAT ENTER INTO AN AGREEMENT WITH ONE OR MORE
MUNICIPAL CORPORATIONS AND/OR PUBLIC BENEFIT CORPORATIONS, IN ACCORDANCE
WITH SECTION ONE HUNDRED NINETEEN-O OF THE  GENERAL  MUNICIPAL  LAW  AND
THIS  SUBDIVISION, MAY RECEIVE BUILDING AID PURSUANT TO THIS SUBDIVISION
FOR  THE  SCHOOL  DISTRICT  SHARE  OF  APPROVED  EXPENDITURES  FOR   THE
CONSTRUCTION  OR RECONSTRUCTION OF ONE OR MORE SINGLE SITE JOINT MUNICI-
PAL FACILITIES. EXPENSES OF THE JOINT MUNICIPAL FACILITY CONSTRUCTION OR
RECONSTRUCTION PROJECT ATTRIBUTABLE TO THE  PARTICIPATION  OF  MUNICIPAL
CORPORATIONS  AND  PUBLIC BENEFIT CORPORATIONS SHALL NOT BE ELIGIBLE FOR
BUILDING AID PURSUANT TO THIS SUBDIVISION. TO BE ELIGIBLE FOR SUCH  AID,
THE  GENERAL  CONTRACTS  FOR  THE  PROJECT SHALL HAVE BEEN AWARDED ON OR
AFTER JULY FIRST, TWO THOUSAND EIGHT, AND THE PROJECT AND  JOINT  AGREE-
MENT  SHALL  HAVE  BEEN  APPROVED BY THE COMMISSIONER. FOR PARTICIPATING
SCHOOL DISTRICTS  IN  WHICH  THE  SCHOOL  BUDGET  IS  SUBJECT  TO  VOTER
APPROVAL, THE JOINT AGREEMENT SHALL BE SUBJECT TO VOTER APPROVAL.
  C.  TO  BE ELIGIBLE FOR BUILDING AID FOR THE JOINT FACILITY, THE JOINT
AGREEMENT SHALL DESIGNATE THE BOARD OF EDUCATION OF THE SCHOOL  DISTRICT
ON WHOSE LAND, OWNED OR LEASED, SUCH SINGLE SITE JOINT MUNICIPAL FACILI-
TY WILL BE LOCATED AS THE LEAD SCHOOL DISTRICT; PROVIDED THAT WHERE SUCH
FACILITY  WILL  OCCUPY  ADJOINING  SITES  IN MORE THAN ONE PARTICIPATING
SCHOOL DISTRICT, ANY SCHOOL DISTRICT IN WHICH A PART IS SITUATED MAY  BE
DESIGNATED  AS  THE LEAD SCHOOL DISTRICT.  NOTWITHSTANDING ANY PROVISION
OF LAW, THE LEAD SCHOOL DISTRICT SHALL BE AUTHORIZED TO CONTRACT INDEBT-
EDNESS FOR THE PURPOSE OF  THE  JOINT  PROJECT  PURSUANT  TO  THE  LOCAL
FINANCE  LAW  AS  IF THE ENTIRE PROJECT WAS CONDUCTED SOLELY BY THE LEAD
SCHOOL DISTRICT. THE  JOINT  AGREEMENT  SHALL  DESIGNATE  THE  PARTY  OR
PARTIES  THAT  WILL  OPERATE, MAINTAIN AND/OR MANAGE THE JOINT FACILITY.
THE LEAD SCHOOL DISTRICT SHALL SERVE AS FISCAL AGENT FOR ALL PARTICIPAT-
ING SCHOOL DISTRICTS FOR THE PURPOSE OF CLAIMING AND RECEIVING  BUILDING
AID  PURSUANT  TO  SUBDIVISION  SIX OF THIS SECTION. THE JOINT AGREEMENT
SHALL INCLUDE A LEASE AGREEMENT BETWEEN THE LEAD SCHOOL DISTRICT AND ALL
OTHER PARTICIPATING PARTIES WHEREBY  ALL  PARTIES  AGREE  TO  LEASE  THE
FACILITY  FOR  A TERM NOT LESS THAN THE PERIOD WITHIN WHICH ALL BONDS OR
NOTES ISSUED TO FINANCE THE PROJECT WILL MATURE.   PARTICIPATING  SCHOOL
DISTRICTS  SHALL  NOT  BE  ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO ANY
PROVISION OF THIS CHAPTER FOR ANY LEASE EXPENSE INCURRED FOR  THE  JOINT
FACILITY  AND SUCH EXPENSE SHALL NOT BE INCLUDED IN THE APPROVED OPERAT-
ING EXPENSE OF ANY SUCH SCHOOL DISTRICT, PROVIDED HOWEVER, THAT  NOTHING
SHALL  PROHIBIT  THE  INCLUSION  OF A SCHOOL DISTRICT'S SHARE OF THE NET
ADMINISTRATIVE, OPERATION AND MAINTENANCE COSTS OF THE JOINT PROJECT  IN

S. 2808--B                         38

THE SCHOOL DISTRICT'S APPROVED OPERATING EXPENSE OR TRANSPORTATION OPER-
ATING  EXPENSE,  AS  APPLICABLE. THE JOINT AGREEMENT SHALL PROVIDE FOR A
CREDIT OF THE STATE AID RECEIVED BY THE LEAD  SCHOOL  DISTRICT  FOR  THE
JOINT  PROJECT  AGAINST THE EXPENSES OF SUCH PROJECT AND SHALL PROVIDE A
METHOD OF ALLOCATING THE NET COST OF THE JOINT FACILITY TO  THE  PARTIC-
IPATING  SCHOOL  DISTRICTS  AND PARTICIPATING MUNICIPAL CORPORATIONS AND
PUBLIC BENEFIT CORPORATIONS, DISTRIBUTING (I) THE GROSS  COST  BASED  ON
EACH  SCHOOL  DISTRICT'S  SHARE OF THE USE OF THE FACILITY, AND (II) THE
STATE AID BASED ON EACH SCHOOL DISTRICT'S AID RATIO (AS APPLICABLE)  AND
EACH  SCHOOL  DISTRICT'S USE-SHARE OF THE AIDABLE EXPENSE. PARTICIPATING
MUNICIPAL CORPORATIONS OR  PUBLIC  BENEFIT  CORPORATIONS  SHALL  NOT  BE
ELIGIBLE FOR SUCH CREDIT OF STATE AID.
  D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PUBLIC BENEFIT CORPO-
RATION,  IN  ADDITION  TO  ANY  OTHER AUTHORIZATION CONFERRED BY LAW FOR
PERFORMANCE OF ITS POWERS AND DUTIES ON A COOPERATIVE, JOINT OR CONTRACT
BASIS SHALL BE AUTHORIZED TO ENTER INTO AN AGREEMENT PURSUANT TO SECTION
ONE HUNDRED NINETEEN-O OF THE GENERAL MUNICIPAL LAW AND THIS SUBDIVISION
FOR THE PROVISION OF A JOINT MUNICIPAL FACILITY WITH ONE OR MORE  SCHOOL
DISTRICTS AND ONE OR MORE MUNICIPAL CORPORATIONS.
  E.  UPON  APPROVAL  OF  THE  JOINT AGREEMENT, THE LEAD SCHOOL DISTRICT
SHALL BE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO  SUBDIVISION  SIX  OF
THIS  SECTION  AS IF THE JOINT PROJECT WAS CONDUCTED SOLELY BY SUCH LEAD
SCHOOL DISTRICT; PROVIDED, HOWEVER, THAT SUCH AID SHALL EQUAL THE SUM OF
THE PRODUCTS OF EACH PARTICIPATING SCHOOL DISTRICT'S BUILDING AID  RATIO
SELECTED  PURSUANT TO PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR
AID PAYABLE IN THE CURRENT YEAR MULTIPLIED BY SUCH DISTRICT'S  SHARE  OF
THE USE OF THE FACILITY.
  F.  WHERE  THE LEAD SCHOOL DISTRICT REORGANIZES WITH SOME OR ALL OTHER
DISTRICTS PARTICIPATING IN THE JOINT AGREEMENT SUBSEQUENT TO APPROVAL OF
THE JOINT AGREEMENT, SUCH REORGANIZED SCHOOL DISTRICT SHALL BE  ELIGIBLE
FOR  REORGANIZATION  INCENTIVE BUILDING AID PURSUANT TO SUBPARAGRAPH ONE
OF PARAGRAPH C OF SUBDIVISION FOURTEEN OF THIS SECTION, FOR EXPENDITURES
FOR ANY DEBT SERVICE  FOR INDEBTEDNESS OUTSTANDING AFTER  THE  EFFECTIVE
DATE  OF  SUCH  REORGANIZATION  THAT  WERE INCURRED FOR THE FINANCING OF
CONSTRUCTION OF THE JOINT MUNICIPAL FACILITY SO LONG  AS  SUCH  FACILITY
CONTINUES  TO  BE  USED  BY  SUCH  REORGANIZED DISTRICT, AS IF THE JOINT
MUNICIPAL FACILITY  HAD  BEEN  CONSTRUCTED  BY  THE  REORGANIZED  SCHOOL
DISTRICT SUBSEQUENT TO REORGANIZATION.
  G. NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED NINE-A
OF  THIS PART, AID FOR JOINT PROJECTS SHALL BE PAID IN ACCORDANCE WITH A
SCHEDULE ESTABLISHED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF
THE BUDGET.
  S 27.  Intentionally omitted.
  S 28.  Intentionally omitted.
  S 29.  Intentionally omitted.
  S 30. Clause (vi) of subparagraph 1 of paragraph c of  subdivision  14
of section 3602 of the education law, as amended by section 34 of part B
of chapter 57 of the laws of 2008, is amended to read as follows:
  (vi)  where  such proposed reorganization includes at least two school
districts employing eight or more teachers forming a central high school
district pursuant to section nineteen hundred thirteen of this  chapter,
beginning  with  July  first,  nineteen  hundred sixty-five or the first
school year of operation as a reorganized district after such date, such
reorganized school district shall be entitled to  an  additional  appor-
tionment  of twenty-five per centum of the sum of: (A) its apportionment
as provided in subdivision six of this section whenever such  apportion-

S. 2808--B                         39

ment is computed on the basis of its approved base year expenditures for
capital  outlay  from  its  general, capital, or a reserve fund incurred
prior to July first, two thousand one, or on the basis of  its  approved
base year expenditures for capital outlay from its general, capital or a
reserve  fund  incurred in the two thousand one--two thousand two school
year and computed pursuant to subdivision six of this section as if such
expenditures were aidable  under  such  subdivision,  and  current  year
approved  expenditures for debt service for school building purposes and
(B) its apportionment as provided in subdivision six  of  this  section,
the  general contracts for which shall have been awarded on or after the
date this act takes effect and prior to July first, two  thousand  [ten]
TWELVE  or  within  ten years from the effective date of reorganization,
whichever is later as provided in subdivision six of this  section,  and
which  said sum shall be payable for and during the terms of any indebt-
edness created for the purpose of financing such construction  or  other
facility  as aforesaid, provided however, that in no event may the total
apportionment under this paragraph, under subdivision twelve of  section
thirty-six hundred forty-one of this article, and under subdivisions six
and  six-f  of  this  section  for any project exceed the product of (1)
ninety-eight percent for a high need school district, as defined  pursu-
ant  to  guidelines  of  the commissioner for the two thousand five--two
thousand six school year, for all school building projects  approved  by
the voters of the school district or by the board of education of a city
school  district  in a city with more than one hundred twenty-five thou-
sand inhabitants, and/or the chancellor in a city school district  in  a
city having a population of one million or more, on or after July first,
two thousand five, or ninety-five per cent for any other school building
project  or  school district, multiplied by (2) the sum of the base year
approved expenditures for capital outlay for  school  building  purposes
from  the general fund, capital fund or from a reserve fund, and current
year approved expenditures for debt service for such purposes  for  such
project.
  S  31.  Section  3641 of the education law, is amended by adding a new
subdivision 15 to read as follows:
  15. MATH AND SCIENCE HIGH SCHOOLS. BEGINNING  WITH  THE  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE SCHOOL YEAR AND EACH YEAR THEREAFTER THERE
SHALL BE GRANTS PROVIDED IN EQUAL AMOUNTS FOR THE MATH AND SCIENCE  HIGH
SCHOOLS PROGRAM WHICH INCLUDES TECH VALLEY HIGH SCHOOL, BARD COLLEGE AND
NAZARETH  COLLEGE.  SUCH  GRANTS MAY BE USED FOR OPERATING COSTS OF MATH
AND SCIENCE PROGRAMS OR FOR MATH AND SCIENCE INITIATIVES.
  S 32. This act shall take effect immediately, provided that:
  1. sections one, two, three and four of this  act  shall  take  effect
April 1, 2011;
  2.  sections six and seven of this act shall be deemed to have been in
full force and effect on and after April 1, 2011 and shall apply to  any
general  or  special  law imposing mandates on municipal corporations or
school districts enacted on or after such effective date;
  3.  sections twenty-four and twenty-five of this act shall take effect
July 1, 2011; and
  4. section thirty of this act shall be deemed to  have  been  in  full
force and effect on and after July 1, 2010.

                                 PART C

  Section 1. Article 9 of the arts and cultural affairs law is REPEALED.
  S 2. Section 97-u of the state finance law is REPEALED.

S. 2808--B                         40

  S 3. Notwithstanding any inconsistent provision of law, all rights and
property  previously  held by the entity formerly referred to as the New
York state theatre institute corporation, as established in chapter  824
of  the  laws of 1992, and as repealed in this act, shall pass to and be
vested within the office of general services.
  S 4. This act shall take effect immediately.

                                 PART D

  Section 1. Subdivision 5 of section 355 of the education law, subdivi-
sion  5  as  added  by  chapter  552 of the laws of 1985, paragraph a of
subdivision 5 as amended by chapter 682 of the laws of 2007, paragraph c
of subdivision 5 as added by chapter 103 of the laws of 1989  and  para-
graph d of subdivision 5 as added by chapter 537 of the laws of 1997, is
amended to read as follows:
  5.  Notwithstanding the provisions of [paragraph] SUBDIVISIONS two AND
THREE of section one hundred twelve and sections  one  hundred  fifteen,
one  hundred  sixty-one,  AND  one  hundred sixty-three [and one hundred
seventy-four] of the state finance law and sections three and six of the
New York state printing and public documents law or any other law to the
contrary, the state university trustees are authorized and empowered to:
  a. (i) purchase materials, equipment and supplies, including  computer
equipment  and  motor  vehicles[, where the amount for a single purchase
does not exceed twenty thousand dollars],  (ii)  execute  contracts  for
[services  and]  construction  AND CONSTRUCTION-RELATED contracts [to an
amount not exceeding twenty thousand dollars]  and  (iii)  contract  for
printing  [to  an  amount  not exceeding five thousand dollars], without
prior approval by any other state officer  or  agency,  but  subject  to
rules  and regulations of the state comptroller not otherwise inconsist-
ent with the provisions of this section  and  in  accordance  with  [the
rules  and  regulations]  GUIDELINES promulgated by the state university
board of trustees after consultation with  the  state  comptroller.  [In
addition,  the  trustees,  after  consultation  with the commissioner of
general services, are authorized to annually negotiate  with  the  state
comptroller  increases  in  the  aforementioned  dollar  limits  and the
exemption of any articles, categories of articles  or  commodities  from
these  limits.    Rules and regulations] CONTRACTS FOR SERVICES SHALL BE
SUBJECT TO THE APPROVAL OF THE STATE COMPTROLLER IN ACCORDANCE WITH  THE
PROVISIONS  AND  DOLLAR  THRESHOLD  OF  SUBDIVISION  TWO  OF SECTION ONE
HUNDRED AND TWELVE OF THE STATE FINANCE LAW; PROVIDED, THAT THE TRUSTEES
ARE  AUTHORIZED  TO  NEGOTIATE  ANNUALLY  WITH  THE  STATE   COMPTROLLER
INCREASES  IN  THE  DOLLAR  THRESHOLD FOR CONTRACTS FOR SERVICES. GUIDE-
LINES, RULES, OR REGULATIONS promulgated by the state  university  board
of  trustees  shall, to the extent practicable, require that competitive
proposals be solicited for purchases,  and  shall  include  requirements
that  purchases  and  contracts  authorized under this section be at the
lowest available price,  including  consideration  of  prices  available
through  other state agencies, consistent with quality requirements, and
as will best promote the public interest. Such  purchases  may  be  made
directly  from  any  contractor pursuant to any contract for commodities
let by the office of general services or any other state agency;
  b. to establish cash advance accounts for the  purpose  of  purchasing
materials,  supplies, or services, for cash advances for travel expenses
and per diem allowances, or for advance payment of wages and salary. The
account may be used to purchase such materials,  supplies,  or  services
where  the amount of a single purchase does not exceed two hundred fifty

S. 2808--B                         41

dollars, in accordance with such guidelines as shall  be  prescribed  by
the  state  university  trustees after consultation with the state comp-
troller.
  c.  establish  guidelines  in  consultation  with  the commissioner of
general services authorizing participation by the  state  university  in
programs administered by the office of general services for the purchase
of  available  New York state food products. The commissioner of general
services shall provide assistance to the state university  necessary  to
enable the university to participate in these programs.
  [d.  (1)  Award  contract extensions for campus transportation without
competitive bidding where such contracts  were  secured  either  through
competitive  bidding or through evaluation of proposals in response to a
request for proposals pursuant to subparagraph (2)  of  this  paragraph,
however  such extensions may be rejected if the amount to be paid to the
contractor in any year of such proposed extension fails to  reflect  any
decrease  in  the  regional  consumer  price index for the New York, New
York-Northeastern, New Jersey area, based upon the index for  all  urban
consumers  (CPI-U) during the preceding twelve-month period. At the time
of any contract extension, consideration shall be given to  any  compet-
itive  proposal offered by a public transportation agency. Such contract
may be increased for each year of the contract extension  by  an  amount
not  to  exceed  the  regional consumer price index increase for the New
York, New York-Northeastern, New Jersey area, based upon the  index  for
all  urban  consumers (CPI-U), during the preceding twelve-month period,
provided it has been satisfactorily established by the  contractor  that
there has been at least an equivalent increase in the amount of his cost
of operation, during the period of the contract.]
  S 2. Subdivision 2 of section 112 of the state finance law, as amended
by  chapter  319  of the laws of 1992, paragraph (a) of subdivision 2 as
amended by section 2 of part D of chapter 56 of the  laws  of  2006,  is
amended to read as follows:
  2.  (a)  Before  any contract made for or by any state agency, depart-
ment, board, officer, commission, or institution, except the  office  of
general  services,  shall be executed or become effective, whenever such
contract exceeds  fifty  thousand  dollars  in  amount  and  before  any
contract made for or by the office of general services shall be executed
or become effective, whenever such contract exceeds eighty-five thousand
dollars  in  amount,  it  shall first be approved by the comptroller and
filed in his or her office,  provided,  however,  that  the  comptroller
shall  make  a  final  written determination with respect to approval of
such contract within ninety days of the submission of such  contract  to
his  or  her office unless the comptroller shall notify, in writing, the
state agency, department, board, officer,  commission,  or  institution,
prior to the expiration of the ninety day period, and for good cause, of
the need for an extension of not more than fifteen days, or a reasonable
period  of time agreed to by such state agency, department, board, offi-
cer, commission, or institution and provided, further, that such written
determination or extension shall be made part of the procurement  record
pursuant  to  paragraph  f  of  subdivision  one  of section one hundred
sixty-three  of  this  chapter.    THE  FOREGOING  NOTWITHSTANDING,  ANY
CONTRACT MADE FOR OR BY THE STATE UNIVERSITY OF NEW YORK FOR GOODS SHALL
NOT BE SUBJECT TO THE PROVISIONS OF THIS PARAGRAPH.
  (b)  Whenever  any liability of any nature shall be incurred by or for
any state department, board, officer, commission, or  institution  OTHER
THAN  THE  CITY  UNIVERSITY  OF NEW YORK AND THE STATE UNIVERSITY OF NEW

S. 2808--B                         42

YORK, notice that such liability has been incurred shall be  immediately
given in writing to the state comptroller.
  S  3. Subparagraph (iv) of paragraph a of subdivision 3 of section 163
of the state finance law, as amended by chapter 430 of the laws of 1997,
is amended to read as follows:
  (iv) The commissioner is authorized to permit  any  officer,  body  or
agency of the state or of a political subdivision or a district therein,
or  fire  company  or volunteer ambulance service as such are defined in
section one hundred of the general municipal law, to make  purchases  of
commodities   through   the  office  of  general  services'  centralized
contracts, pursuant to the provisions of section one hundred four of the
general municipal law. The commissioner  is  authorized  to  permit  any
county  extension  service  association  as authorized under subdivision
eight of section two hundred twenty-four of the county law, or any asso-
ciation or other entity as specified in and in accordance  with  section
one  hundred  nine-a  of  the  general  municipal law, OR ANY NON-PROFIT
CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF  THE
STATE  UNIVERSITY  OF  NEW  YORK,  or any other association or entity as
specified in state law, to make purchases  of  commodities  through  the
office  of  general  services' centralized contracts; provided, however,
that such entity so empowered shall accept sole responsibility  for  any
payment  due with respect to such purchase; AND PROVIDED FURTHER, HOWEV-
ER, THAT COMMODITIES SO PURCHASED BY A NON-PROFIT CORPORATION  ORGANIZED
IN  FURTHERANCE  OF  THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF
NEW YORK SHALL NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT CORPO-
RATION OR OTHER ENTITY WHICH CONTRACTS WITH THE NON-PROFIT  CORPORATION,
NOR  SHALL  SUCH COMMODITIES SO PURCHASED BY SUCH NON-PROFIT CORPORATION
BE OFFERED FOR RESALE.
  S 4. Paragraph e of subdivision 4 of section 163 of the state  finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  e.  Any  officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make  purchases  of  services  through  the  office  of  general
services'  centralized contracts for services, subject to the provisions
of section one hundred four of the general municipal  law.  The  commis-
sioner  may  permit  and  prescribe  the  conditions for the purchase of
services through the office of general services'  centralized  contracts
for  services  by  any public authority or public benefit corporation of
the state including the port authority of New York and  New  Jersey,  OR
ANY  NON-PROFIT  CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND
PURPOSES OF THE STATE UNIVERSITY OF NEW YORK, OTHER  THAN  THE  RESEARCH
FOUNDATION  OF THE STATE UNIVERSITY OF NEW YORK; PROVIDED, HOWEVER, THAT
SERVICES SO PURCHASED BY A NON-PROFIT CORPORATION ORGANIZED IN  FURTHER-
ANCE  OF  THE  OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW YORK,
OTHER THAN THE RESEARCH FOUNDATION OF THE STATE UNIVERSITY OF NEW  YORK,
SHALL  NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT CORPORATION OR
OTHER ENTITY WHICH  CONTRACTS  WITH  THE  NON-PROFIT  ORGANIZATION.  The
commissioner  is  authorized  to  permit any public library, association
library, library  system,  cooperative  library  system,  the  New  York
Library  Association,  and  the  New  York  State Association of Library
Boards or any other library except  those  which  are  operated  by  for
profit  entities,  to  make  purchases of services through the office of
general services' centralized contracts; provided,  however,  that  such
entity so empowered shall accept sole responsibility for any payment due
with respect to such purchase.

S. 2808--B                         43

  S  5.  Subdivisions  12 and 15 of section 373 of the education law, as
added by chapter 251 of the laws of 1962, are amended and a new subdivi-
sion 20 is added to read as follows:
  12. To [make] PROCURE and execute contracts, lease agreements, and all
other instruments necessary or convenient for the exercise of its corpo-
rate  powers  and  the  fulfillment of its corporate purposes under this
article. NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE
LAW OR ANY OTHER LAW TO THE CONTRARY, ALL SUCH FUND  PROCUREMENTS  SHALL
BE  SUBJECT  ONLY TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY ADOPTED BY
THE FUND TRUSTEES, WHICH SHALL CONFORM TO THE PROVISIONS OF  TITLE  FOUR
OF   ARTICLE   NINE   OF  THE  PUBLIC  AUTHORITIES  LAW  EXCEPT  SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF SUCH LAW;
  15. To engage the services  of  construction,  engineering,  architec-
tural,  legal  and financial consultants, surveyors and appraisers, on a
contract basis or as employees, for professional service  and  technical
assistance  and advice AND NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF
THE STATE FINANCE LAW OR ANY OTHER LAW TO THE CONTRARY, TO DETERMINE ITS
STAFFING, SUPPORT SERVICES AND EQUIPMENT NEEDS WHICH IN THE JUDGMENT  OF
THE  FUND  ARE NECESSARY TO FULFILL ITS PURPOSES AS SET FORTH IN SECTION
THREE HUNDRED SEVENTY-TWO OF THIS ARTICLE; and
  20. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL RIGHTS AND  BENEFITS,
INCLUDING  TERMS  AND  CONDITIONS OF EMPLOYMENT, AND PROTECTION OF CIVIL
SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EMPLOYEES  OF  THE  FUND
SHALL  BE  PRESERVED AND PROTECTED. EMPLOYEES IN ANY NEWLY CREATED POSI-
TIONS WITHIN THE FUND SHALL  BE  CONSIDERED  PUBLIC  EMPLOYEES  FOR  ALL
PURPOSES OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  S  6.  Subdivision  8 of section 376 of the education law, as added by
chapter 251 of the laws of 1962, the opening paragraph and  paragraph  a
as  amended  by chapter 877 of the laws of 1990 and paragraph f as added
by chapter 769 of the laws of 1978, is amended to read as follows:
  8. All contracts which are to be awarded pursuant to this  subdivision
shall  be  awarded  by  public  letting in accordance with the following
provisions,  notwithstanding  any  contrary  provision  of  section  ONE
HUNDRED  TWELVE,  one  hundred  thirty-five, one hundred thirty-six, one
hundred thirty-nine or one hundred forty of the state finance law OR ANY
OTHER LAW, provided, however, that where the estimated  expense  of  any
contract  which may be awarded pursuant to this subdivision is less than
TWO HUNDRED fifty thousand dollars, a performance bond and  a  bond  for
the  payment  of  labor and material may, in the discretion of the fund,
not be required, and except that  in  the  discretion  of  the  fund,  a
contract  may  be  entered into for such purposes without public letting
where the  estimated  expense  thereof  is  less  than  twenty  thousand
dollars,  or  where  in  the judgment of the fund an emergency condition
exists as a result of damage to an existing academic building, dormitory
or other facility which has been caused by an act of God, fire or  other
casualty,  or any other unanticipated, sudden and unexpected occurrence,
that has resulted in damage to or a malfunction in an existing  academic
building,  dormitory or other facility and involves a pressing necessity
for immediate repair, reconstruction or maintenance in order  to  permit
the  safe  continuation  of  the use or function of such facility, or to
protect the facility or the life, health or safety of  any  person,  and
the nature of the work is such that in the judgment of the fund it would
be  impractical  and against the public interest to have public letting;
provided, however, that the fund, prior to awarding a contract hereunder
because of an emergency condition notify the comptroller of  its  intent
to award such a contract:

S. 2808--B                         44

  a. [If contracts are to be publicly let, the] THE letting agency shall
advertise the invitation to bid OR THE REQUEST FOR PROPOSALS in [a news-
paper  published  in  the city of Albany and in] such [other newspapers]
NEWSPAPER as will be most likely in its opinion to give adequate  notice
to  contractors  of  the  work  required  [and of the invitation to bid]
provided, however, that where the  estimated  expense  of  any  contract
which  may  be  awarded  pursuant  to  this subdivision is less than TWO
HUNDRED fifty thousand dollars, the letting  agency  may  advertise  the
invitation  to bid solely through the procurement opportunities newslet-
ter published pursuant to section one hundred forty-two of the  economic
development  law.  The  invitation to bid OR REQUEST FOR PROPOSALS shall
contain such information as the letting agency  shall  deem  appropriate
[and  a statement of the time and place where all bids received pursuant
to such notice will be publicly opened and read].
  b. The letting agency  shall  not  award  any  contract  after  public
bidding  except  to the lowest bidder who in its opinion is qualified to
perform the work required and is responsible and reliable.  The  letting
agency  may,  however, reject any or all bids, again advertise for bids,
or waive any informality in a bid if it believes that the public  inter-
est will be promoted thereby.
  c.  The  invitation  to  bid,  REQUEST  FOR PROPOSALS and the contract
awarded  shall  contain  such  other  terms  and  conditions,  and  such
provisions for penalties, as the letting agency may deem desirable.
  d. [The form of any] ANY contract awarded pursuant to this subdivision
shall  [be  approved  by the attorney general and by the comptroller and
shall] contain a clause that the contract shall be deemed  executory  to
the  extent  of  the  moneys  available  and  that no liability shall be
incurred by the fund beyond the moneys available therefor.
  e. The letting agency shall require such deposits, bonds and  security
in  connection with the submission of bids OR REQUEST FOR PROPOSALS, the
award of contracts and the performance of work as it shall determine  to
be in the public interest and for the protection of the state, the state
university, the fund and the letting agency.
  f.  Notwithstanding  the  provisions of any other law to the contrary,
all  contracts  for  public  work  awarded  by  the   state   university
construction  fund  pursuant  to this subdivision shall be in accordance
with section one hundred thirty-nine-f of the state finance law.
  G. EXCEPT AS PROVIDED IN THE COLLECTIVE BARGAINING  AGREEMENT  BETWEEN
THE  FUND AND ITS REPRESENTED EMPLOYEES, ALL WORK CURRENTLY PERFORMED BY
REPRESENTED EMPLOYEES OF THE FUND UPON THE EFFECTIVE DATE OF THIS  PARA-
GRAPH  SHALL  CONTINUE TO BE PERFORMED BY SUCH EMPLOYEES. NOTHING IN THE
CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN WHICH  ADDED  THIS  PARAGRAPH
SHALL  RESULT  IN  A  DISPLACEMENT OF ANY CURRENTLY EMPLOYED REPRESENTED
WORKER OR LOSS OF POSITION, INCLUDING PARTIAL  DISPLACEMENT  SUCH  AS  A
REDUCTION IN WORK HOURS, WAGES OR OTHER BENEFITS.
  S  7.  Subdivision  4 of section 377 of the education law, as added by
chapter 624 of the laws of 1999, is amended to read as follows:
  4. Monies received by the fund, FOR ALL OF ITS OPERATING AND  ADMINIS-
TRATIVE COSTS OR in connection with approved university-related economic
development  facilities,  [other than state appropriations to the fund,]
may be deposited in a general account and other  such  accounts  as  the
fund  may  deem  necessary,  for  the transaction of its business [or in
relation to construction or property management activities undertaken in
connection with such projects] and shall be paid out on checks signed by
the chairman of the fund or such other person or persons as the trustees
of the fund may authorize.

S. 2808--B                         45

  S 8. Subdivision 14 of section 130 of the civil service law, as  added
by chapter 685 of the laws of 1995, is amended to read as follows:
  14. Notwithstanding  any  foregoing  provisions of this section to the
contrary, wage rates and/or pay differentials paid by the state PURSUANT
TO SUBDIVISION THIRTEEN OF SECTION THREE  HUNDRED  FIFTY-FIVE-A  OF  THE
EDUCATION  LAW,  AS ADDED BY CHAPTER SIX HUNDRED EIGHTY-FIVE OF THE LAWS
OF NINETEEN HUNDRED NINETY-FIVE, to teaching and research center  nurses
of the state university of New York [pursuant to subdivision thirteen of
section three hundred fifty-five-a of the education law] may be based on
a  study  of representative peer institutions in private or other public
hospitals in the same geographic area as a hospital of the state univer-
sity which shows that WAGE RATES  AND/OR  pay  differentials  of  nurses
employed by such peer institutions are higher than the wage rates and/or
pay  differentials  paid  by  the  state to teaching and research center
nurses of the state university. Whenever, in the opinion  of  the  chief
administrative  officer  of the health science centers at which teaching
and research center nurses are  employed,  additional  compensation  for
such  employees is necessary to maintain adequate support to protect the
health, safety and welfare of patients, such chief administrative  offi-
cer OR PRESIDENT shall request the state university board of trustees to
conduct such a study.
  S  9.   Subdivision 6 of section 350 of the education law, as added by
chapter 363 of the laws of 1998, is amended to read as follows:
  6. "Clinic" shall mean a facility LICENSED UNDER ARTICLE  TWENTY-EIGHT
OF  THE  PUBLIC HEALTH LAW AS A DIAGNOSTIC AND TREATMENT CENTER WHICH IS
located either within or outside  of  a  state  university  health  care
facility  providing services related to the medical education mission of
the university, but shall not include state  university  student  health
services.
  S  10.  Paragraph  b of subdivision 16 of section 355 of the education
law, as added by chapter 363 of the laws of 1998, is amended to read  as
follows:
  b.  Notwithstanding  the  provisions of subdivision two of section one
hundred twelve of the state finance law [relating to the dollar  thresh-
old  requiring the comptroller's approval of contracts and], subdivision
six of section one hundred sixty-three of the state finance  law[,]  AND
SECTION  SIXTY-THREE  OF  THE EXECUTIVE LAW, (I) authorize contracts for
the purchase of goods [and services] for state  university  health  care
facilities  WITHOUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY,
INCLUDING CONTRACTS:
  [(1) for any contract which  does  not  exceed  seventy-five  thousand
dollars; or
  (2)]  for  joint or group purchasing [arrangements which do not exceed
seventy-five thousand dollars without prior approval by any other state,
officer or agency] OF GOODS, in accordance with procedures and  require-
ments found in paragraph a of subdivision five of this section, AND (II)
AUTHORIZE  CONTRACTS  FOR JOINT OR GROUP PURCHASING OF SERVICES WHICH DO
NOT EXCEED SEVENTY-FIVE THOUSAND DOLLARS WITHOUT PRIOR APPROVAL  BY  ANY
OTHER  STATE,  OFFICER  OR  AGENCY  IN  ACCORDANCE  WITH  PROCEDURES AND
REQUIREMENTS FOUND IN PARAGRAPH A OF SUBDIVISION FIVE OF THIS SECTION.
  [(3) contracts] CONTRACTS  authorized  [hereunder]  PURSUANT  TO  THIS
PARAGRAPH  shall be subject to article fourteen of the civil service law
and the applicable  provisions  of  agreements  between  the  state  and
employee organizations pursuant to article fourteen of the civil service
law.

S. 2808--B                         46

  The trustees are authorized to negotiate annually with the state comp-
troller increases in the aforementioned dollar [limits] LIMIT.
  S  11.  Notwithstanding any inconsistent provision in section 8 of the
court of claims act, subdivision 10 of section 355 of the education  law
or  any  other provision of law, a state university health care facility
may include in a contract authorized by paragraph a of subdivision 16 of
section 355 of the education law,  other  than  a  contract  with  state
employees  relating  to  terms  and  conditions  of  their employment, a
provision that some or all disputes arising under  or  related  to  such
contract shall be resolved by binding arbitration in accordance with the
rules of a nationally-recognized arbitration association.
  S  12. This act shall take effect immediately provided that the amend-
ments to section 163 of the state finance law made by sections three and
four of this act shall not affect the repeal of such section  and  shall
be deemed repealed therewith.

                                 PART E

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

                                 PART F

  Intentionally omitted.

                                 PART G

  Section 1. Paragraphs b and c of subdivision 6 of section 661  of  the
education  law  are REPEALED and two new paragraphs b and c are added to
read as follows:
  B.  A STUDENT WHO IS IN DEFAULT ON A STUDENT LOAN MADE UNDER ANY STAT-
UTORY NEW YORK STATE OR FEDERAL EDUCATION LOAN PROGRAM SHALL BE INELIGI-
BLE TO RECEIVE ANY AWARD OR LOAN PURSUANT  TO  THIS  ARTICLE  UNTIL  THE
STUDENT  CURES  THE  DEFAULT STATUS PURSUANT TO APPLICABLE LAW AND REGU-
LATION.
  C. A STUDENT WHO HAS FAILED TO COMPLY WITH THE TERMS  OF  ANY  SERVICE
CONDITION  IMPOSED  BY  AN  AWARD  MADE  PURSUANT TO THIS ARTICLE OR HAS
FAILED TO REPAY AN AWARD MADE PURSUANT TO THIS ARTICLE, AS  REQUIRED  BY
PARAGRAPH  A  OF  SUBDIVISION  FOUR OF SECTION SIX HUNDRED SIXTY-FIVE OF
THIS SUBPART, SHALL BE INELIGIBLE TO RECEIVE ANY AWARD OR LOAN  PURSUANT
TO THIS ARTICLE SO LONG AS SUCH FAILURE TO COMPLY OR REPAY CONTINUES.

S. 2808--B                         47

  S  2.  This  act  shall  take  effect  July 1, 2011; provided that the
provisions of this act shall apply to any student who is in  default  in
the repayment of any student loan or under the terms of any award pursu-
ant to article 14 of the education law.

                                 PART H

  Section  1. Subclause 1 of clause (A) of subparagraph (i) of paragraph
a of subdivision 3 of section 667 of the education law,  as  amended  by
section  1  of  part  B of chapter 60 of the laws of 2000, is amended to
read as follows:
  (1) In the case of students who have not been granted an exclusion  of
parental  income  or  had a dependent for income tax purposes during the
tax year next preceding the academic year for which application is made,
EXCEPT FOR THOSE STUDENTS WHO HAVE BEEN GRANTED  EXCLUSION  OF  PARENTAL
INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT:
  (a)  For  students  first receiving aid after nineteen hundred ninety-
three--nineteen hundred ninety-four and before two  thousand--two  thou-
sand one, four thousand one hundred twenty-five dollars; or
  (b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen  hundred  ninety-four  or earlier, three thousand five hundred
seventy-five dollars; or
  (c) For students first receiving aid in [the] two thousand--two  thou-
sand one and thereafter, five thousand dollars.
  S  2.  Subclause 2 of clause (A) of subparagraph (i) of paragraph a of
subdivision 3 of section 667 of the education law, as amended by section
1 of part B of chapter 60 of the laws of 2000, is  amended  to  read  as
follows:
  (2)  In the case of students receiving awards pursuant to subparagraph
(iii) of this paragraph AND THOSE STUDENTS WHO HAVE BEEN GRANTED  EXCLU-
SION OF PARENTAL INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT.
  (a)  For  students first receiving aid in nineteen hundred ninety-four
--nineteen hundred ninety-five and nineteen  hundred  ninety-five--nine-
teen  hundred  ninety-six  and  thereafter,  three  thousand twenty-five
dollars, or
  (b) For students first receiving aid in nineteen hundred  ninety-two--
nineteen  hundred  ninety-three and nineteen hundred ninety-three--nine-
teen  hundred  ninety-four,  two  thousand  five  hundred   seventy-five
dollars, or
  (c)  For students first receiving aid in nineteen hundred ninety-one--
nineteen hundred ninety-two or earlier, two thousand four hundred  fifty
dollars; or
  S 3. Subparagraph (iii) of paragraph a of subdivision 3 of section 667
of the education law, as amended by section 1 of part B of chapter 60 of
the laws of 2000, is amended to read as follows:
  (iii)  (A)  For  students  who have been granted exclusion of parental
income and were single with no dependent for income tax purposes  during
the  tax  year next preceding the academic year for which application is
made, the base amount, as determined in subparagraph (i) of  this  para-
graph, shall be reduced in relation to income as follows:

Amount of income                    Schedule of reduction
                                    of base amount

[(A)] (1) Less than three thousand  None

S. 2808--B                         48

    dollars
[(B)] (2) Three thousand dollars or Thirty-one per centum of
    more, but not more than ten     amount in excess of three
    thousand dollars                thousand dollars

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

AMOUNT OF INCOME                    SCHEDULE OF REDUCTION
                                    OF BASE AMOUNT

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

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

                                 PART I

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

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

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

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

S. 2808--B                         49

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

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

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

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

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

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

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

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

and,

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

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

S. 2808--B                         50

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

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

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

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

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

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

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

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

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

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

S. 2808--B                         51

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

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

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

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

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

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

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

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

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

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

  (VIII) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION  OF  REMEDIAL
STUDENT  AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED

S. 2808--B                         52

IN A TWO-YEAR UNDERGRADUATE PROGRAM  WHOSE  TERMS  ARE  ORGANIZED  ON  A
TRIMESTER BASIS:

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

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

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

  S  3.  Subdivision 6 of section 665 of the education law is amended by
adding a new paragraph d to read as follows:
  D. FOR PURPOSES OF PARAGRAPH C OF THIS SUBDIVISION, A REMEDIAL STUDENT
SHALL MEAN A STUDENT CARRYING A FULL-TIME PROGRAM: (A) WHOSE SCORES ON A
RECOGNIZED COLLEGE PLACEMENT EXAM OR NATIONALLY RECOGNIZED  STANDARDIZED
EXAM  INDICATE THE NEED FOR REMEDIATION, AS CERTIFIED BY THE APPROPRIATE
COLLEGE OFFICIAL AND APPROVED BY THE COMMISSIONER, AND WHO  IS  ENROLLED
IN UP TO NINE SEMESTER HOURS OF NON-CREDIT REMEDIAL COURSES, AS APPROVED
BY  THE COMMISSIONER, IN THEIR FIRST TERM OF STUDY, AND UP TO SIX SEMES-
TER HOURS OF NON-CREDIT REMEDIAL COURSES, AS APPROVED BY THE COMMISSION-
ER, IN EACH TERM THEREAFTER; OR (B) WHO IS ENROLLED IN THE HIGHER EDUCA-
TION OPPORTUNITY  PROGRAM  (HEOP),  THE  EDUCATION  OPPORTUNITY  PROGRAM
(EOP), THE SEARCH FOR EDUCATION, ELEVATION AND KNOWLEDGE (SEEK) PROGRAM,
OR THE COLLEGE DISCOVERY PROGRAM.  STUDENTS WHO QUALIFY FOR ANY OF THESE
STATED CONDITIONS SHALL REMAIN SUBJECT TO THE APPLICABLE ACADEMIC STAND-
ARDS  CRITERIA  PURSUANT  TO SUBPARAGRAPHS (I), (II), (III), AND (IV) OF
PARAGRAPH C OF THIS SUBDIVISION.
  S 4. This act shall take effect July 1, 2011.

                                 PART J

  Section 1. Subdivision 2 of section 667 of the education law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  2. Duration. No undergraduate shall be eligible  for  more  than  four
academic  years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
study, approved by the commissioner in an institution of  higher  educa-
tion and intended to culminate in a degree in undergraduate study shall,
for  purposes of this section, be considered as enrolled in a program of
study normally requiring five years. An undergraduate  student  enrolled
in  an  eligible  two year program of study approved by the commissioner
shall be eligible for no more than three academic years  of  study.  [No
graduate  student shall be eligible for more than four academic years of
study provided, however, that no graduate student shall be eligible  for
more  than  one  degree  program  at the master's, first professional or
doctorate level. No student shall be eligible for a total of  more  than
the  equivalent  of  eight  years of combined undergraduate and graduate
study.] Any semester, quarter, or term  of  attendance  during  which  a

S. 2808--B                         53

student  receives any award under this article, after the effective date
of the former scholar incentive program and prior to academic year nine-
teen hundred eighty-nine--nineteen  hundred  ninety,  shall  be  counted
toward the maximum term of eligibility for tuition assistance under this
section,  except that any semester, quarter or term of attendance during
which a student received  an  award  pursuant  to  section  six  hundred
sixty-six  of  this  [article] SUBPART shall be counted as one-half of a
semester, quarter or term, as the case may be, toward the  maximum  term
of  eligibility  under  this  section.  Any semester, quarter or term of
attendance during which a student received an award pursuant to  section
six hundred sixty-seven-a of this [article] SUBPART shall not be counted
toward the maximum term of eligibility under this section.
  S  2. Paragraph c of subdivision 3 of section 667 of the education law
is REPEALED and paragraph d is relettered paragraph c.
  S 3. Subdivision 5 of section 663 of the education law, as amended  by
chapter 622 of the laws of 2008, is amended to read as follows:
  5. Adjustments of income. [(a) Except for purposes of paragraphs a and
b  of  subdivision three of section six hundred sixty-seven of this part
if, during the academic year in which  the  applicant  will  receive  an
award,  one  or  more  of  either  the parents of the applicant or other
dependent children of such parents, the spouse of the applicant, or  one
or  more  dependent children of the applicant, in addition to the appli-
cant, will be in  full-time  attendance  in  an  approved  program,  the
combined  net  taxable  income  determined under subdivision one of this
section shall be divided by the total number of  the  aforesaid  persons
(including  the  applicant)  who  will  be  in  such attendance, and the
resulting quotient shall be deemed the applicable income in  determining
the applicant's award for such academic year.
  (b)] In the determination of income for purposes of paragraphs a and b
of subdivision three of section six hundred sixty-seven of this part if,
during  the  academic year in which the applicant will receive an award,
one of either the parents of the applicant or other dependent  child  of
such  parents,  the  spouse  of  the applicant, or one or more dependent
children of the applicant, in addition to  the  applicant,  will  be  in
full-time  attendance  in  an approved program, the combined net taxable
income determined under subdivision one of this section shall be reduced
by three thousand dollars and an additional  two  thousand  dollars  for
each  other  such  person additional to the aforesaid persons (including
the applicant) who will be in such attendance, and the resulting  amount
shall  be  deemed  the  applicable income in determining the applicant's
award for the academic year.
  S 4. Paragraph a of subdivision 3 of section 663 of the education law,
as amended by chapter 62 of the laws of 1977,  is  amended  to  read  as
follows:
  a. In determining the amount of an award for [graduate and undergradu-
ate]  students,  the  income  of  the  parents  shall be excluded if the
student has been emancipated from his parents.
  S 5. The opening paragraph of subparagraph 1 of paragraph b of  subdi-
vision  3 of section 663 of the education law, as amended by chapter 101
of the laws of 1992, is amended to read as follows:
  The applicant is a student who was married on or before December thir-
ty-first of the calendar year prior to the  beginning  of  the  academic
year  for  which  application is made or is an undergraduate student who
has reached the age of twenty-two on or before June thirtieth  prior  to
the  academic  year  for  which  application  is  made [or is a graduate
student,] and who, during the calendar year next preceding the semester,

S. 2808--B                         54

quarter or term of attendance for which application is made and  at  all
times subsequent thereto up to and including the entire period for which
application is made:
  S 6. Paragraph d of subdivision 3 of section 663 of the education law,
as  amended  by  chapter  62  of the laws of 1977, is amended to read as
follows:
  d. Any [graduate or] undergraduate student who was allowed to  exclude
parental  income  pursuant  to  the  provisions  of subdivision three of
section six hundred three of this chapter as they existed prior to  July
first, nineteen hundred seventy-four may continue to exclude such income
for so long as he continues to comply with such provisions.
  S 7. This act shall take effect July 1, 2011.

                                 PART K

  Section  1. Section 17 of chapter 31 of the laws of 1985, amending the
education law relating to regents scholarships in  certain  professions,
as  amended by section 1 of part I of chapter 57 of the laws of 2008, is
amended to read as follows:
  S 17. This act shall take effect immediately; provided, however,  that
the  scholarship  and  loan forgiveness programs established pursuant to
the provisions of this act shall terminate upon  the  granting  of  such
awards for the 2008-2009 school year PROVIDED, HOWEVER, THAT THE REGENTS
PHYSICIAN  LOAN  FORGIVENESS  PROGRAM  ESTABLISHED  PURSUANT TO THIS ACT
SHALL NOT TERMINATE UNTIL THE GRANTING OF SUCH AWARDS  FOR  THE  2015-16
SCHOOL  YEAR,  PROVIDED  THAT  THE  FINAL DISBURSEMENT OF ANY MULTI-YEAR
AWARDS GRANTED IN SUCH SCHOOL YEAR SHALL BE PAID.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and effect on the same date and in the same
manner as part I of chapter 57 of the laws of 2008, takes effect.

                                 PART L

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

                                 PART M

  Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of
2005,  amending  the education law and other laws relating to the social
worker loan forgiveness program is amended to read as follows:

S. 2808--B                         55

  (a) section two of this act shall expire and be deemed  repealed  June
30, [2011] 2016; and provided, further that the amendment to paragraph b
of  subdivision  1  of section 679-c and the amendment to paragraph 2 of
subdivision a of section 679-d of the education  law  made  by  sections
three  and four of this act shall not affect the repeal of such sections
and shall be deemed repealed therewith;
  S 2. This act shall take effect immediately.

                                 PART N

  Section 1. Paragraph (b) of subdivision 12 of section 425 of the  real
property  tax law, as added by section 1 of part B of chapter 389 of the
laws of 1997, is amended and a new paragraph (d) is  added  to  read  as
follows:
  (b) Procedure. The assessed value attributable to each such improperly
granted exemption shall be entered separately on the next ensuing tenta-
tive  or  final  assessment roll. The provisions of section five hundred
fifty-one or five hundred fifty-three of this chapter, relating  to  the
entry  by  the assessor of omitted real property on a tentative or final
assessment roll, shall apply so far as  practicable  to  the  revocation
procedure,  except  that  the  tax  rate  to  be  applied to any revoked
exemption shall be the tax rate that was applied  to  the  corresponding
assessment  roll,  AND  THAT  INTEREST  SHALL THEN BE ADDED TO EACH SUCH
PRODUCT AT THE RATE PRESCRIBED BY SECTION NINE HUNDRED TWENTY-FOUR-A  OF
THIS  CHAPTER  OR  SUCH OTHER LAW AS MAY BE APPLICABLE FOR EACH MONTH OR
PORTION THEREON SINCE THE LEVY OF TAXES  UPON  THE  ASSESSMENT  ROLL  OR
ROLLS UPON WHICH THE EXEMPTION WAS GRANTED.
  (D)  APPLICABILITY.  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT BE
APPLICABLE TO THE EXTENT THAT  THE  PRIOR  EXEMPTIONS  SHALL  HAVE  BEEN
RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE.
  S  2. The real property tax law is amended by adding a new section 496
to read as follows:
  S 496. VOLUNTARILY RENUNCIATION OF AN EXEMPTION. 1. A  PROPERTY  OWNER
WHO  WISHES  TO  GIVE UP HIS OR HER CLAIM TO AN EXEMPTION ON ONE OR MORE
PRECEDING ASSESSMENT ROLLS MAY RENOUNCE  THE  EXEMPTION  IN  THE  MANNER
PROVIDED BY THIS SECTION.
  2.  AN  APPLICATION  TO  RENOUNCE AN EXEMPTION SHALL BE MADE ON A FORM
PRESCRIBED BY THE COMMISSIONER AND SHALL BE FILED WITH THE COUNTY DIREC-
TOR OF REAL PROPERTY TAX SERVICES NO LATER THAN TWENTY YEARS  AFTER  THE
LEVY  OF TAXES UPON THE ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION
APPEARS. THE COUNTY DIRECTOR, AFTER  CONSULTING  WITH  THE  ASSESSOR  AS
APPROPRIATE,  SHALL  COMPUTE  THE  TOTAL  AMOUNT  OWED ON ACCOUNT OF THE
RENOUNCED EXEMPTION AS FOLLOWS:
  (A) FOR EACH ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION APPEARS,
THE ASSESSED VALUE THAT WAS EXEMPTED SHALL BE MULTIPLIED BY THE TAX RATE
OR RATES THAT WERE APPLIED TO THAT ASSESSMENT ROLL. INTEREST SHALL  THEN
BE  ADDED  TO  EACH  SUCH PRODUCT AT THE RATE PRESCRIBED BY SECTION NINE
HUNDRED TWENTY-FOUR-A OF THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLI-
CABLE FOR EACH MONTH OR PORTION THEREON SINCE THE  LEVY  OF  TAXES  UPON
SUCH ASSESSMENT ROLL.
  (B) THE SUM OF THE CALCULATIONS MADE PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION  WITH  RESPECT  TO  ALL  OF THE ASSESSMENT ROLLS IN QUESTION
SHALL BE DETERMINED.
  (C) A PROCESSING FEE OF FIVE HUNDRED DOLLARS SHALL BE ADDED TO THE SUM
DETERMINED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.

S. 2808--B                         56

  3. AFTER COMPUTING THE TOTAL AMOUNT DUE ON ACCOUNT  OF  THE  RENOUNCED
EXEMPTION,  THE  COUNTY  DIRECTOR SHALL RETURN THE FORM TO THE APPLICANT
WITH THE TOTAL AMOUNT DUE NOTED THEREON. A COPY OF SUCH  FORM  SHALL  BE
PROVIDED  TO THE ASSESSOR, AND IN THE CASE OF THE STAR EXEMPTION, TO THE
COMMISSIONER.    WITHIN FIFTEEN DAYS AFTER THE MAILING OF SUCH FORM, THE
APPLICANT SHALL PAY THE TOTAL AMOUNT DUE AS SHOWN THEREON TO THE  COUNTY
TREASURER,  WHO  SHALL ISSUE A RECEIPT FOR SUCH PAYMENT. AFTER DEDUCTING
THE PROCESSING FEE, THE COUNTY TREASURER  SHALL  DISTRIBUTE  THE  AMOUNT
COLLECTED  AMONG  THE  AFFECTED  MUNICIPAL CORPORATIONS ACCORDING TO THE
TAXES AND INTEREST OWING TO EACH, PROVIDED THAT IN THE CASE OF THE  STAR
EXEMPTION  AUTHORIZED  BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTI-
CLE, THE AMOUNT COLLECTED, INCLUDING INTEREST,  SHALL  BE  PAID  TO  THE
STATE IN THE MANNER DIRECTED BY THE COMMISSIONER.
  4. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN A CITY
WITH  A POPULATION OF ONE MILLION OR MORE, AN EXEMPTION MAY BE RENOUNCED
ON A FORM PRESCRIBED BY THE COMMISSIONER  OF  FINANCE,  AND  THE  DUTIES
IMPOSED  BY THIS SECTION UPON THE COUNTY TREASURER SHALL BE PERFORMED BY
THE COMMISSIONER OF FINANCE.
  S 3. Paragraph (e) of subdivision 3 of section 550 of the real proper-
ty tax law, as added by chapter 160 of the laws of 1988, is  amended  to
read as follows:
  (e)  an  incorrect  entry of a partial exemption on an assessment roll
for a parcel which is not eligible for such partial exemption;  PROVIDED
THAT  THE  EXEMPTION  HAS  NOT  BEEN  RENOUNCED PURSUANT TO SECTION FOUR
HUNDRED NINETY-SIX OF THIS CHAPTER; or
  S 4. Paragraph (f-1) of subdivision 1 of section 553 of the real prop-
erty tax law, as added by chapter 616 of the laws of 2002, is amended to
read as follows:
  (f-1) an incorrect entry of a partial  exemption  on  the  immediately
preceding year's assessment roll for a parcel which was not eligible for
such  exemption,  provided  that  there has not been a transfer of title
subsequent to the filing of such roll  AND  PROVIDED  FURTHER  THAT  THE
EXEMPTION  HAS NOT BEEN RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINE-
TY-SIX OF THIS CHAPTER;
  S 5. Subdivision 2 of section 1306-a of the real property tax law,  as
added  by  section  16  of part B of chapter 389 of the laws of 1997, is
amended to read as follows:
  2. Tax savings. (A)(I) The tax savings for each parcel  receiving  the
exemption authorized by section four hundred twenty-five of this chapter
shall  be computed by subtracting the amount actually levied against the
parcel from the amount that would  have  been  levied  if  not  for  the
exemption,  PROVIDED  HOWEVER,  THAT  BEGINNING  WITH  THE  TWO THOUSAND
ELEVEN-TWO THOUSAND TWELVE SCHOOL YEAR, THE TAX  SAVINGS  APPLICABLE  TO
ANY "PORTION" (WHICH AS USED HEREIN SHALL MEAN THAT PART OF AN ASSESSING
UNIT  LOCATED WITHIN A SCHOOL DISTRICT) SHALL NOT EXCEED THE TAX SAVINGS
APPLICABLE TO THAT PORTION IN THE PRIOR SCHOOL YEAR  MULTIPLIED  BY  ONE
HUNDRED  TWO PERCENT, WITH THE RESULT ROUNDED TO THE NEAREST DOLLAR. THE
TAX SAVINGS ATTRIBUTABLE TO THE BASIC AND ENHANCED EXEMPTIONS  SHALL  BE
CALCULATED SEPARATELY. IT SHALL BE THE RESPONSIBILITY OF THE COMMISSION-
ER   TO   CALCULATE   TAX  SAVINGS  LIMITATIONS  FOR  PURPOSES  OF  THIS
SUBDIVISION.
  (II) THE TAX SAVINGS APPLICABLE TO A  PORTION  FOR  THE  TWO  THOUSAND
TEN-TWO  THOUSAND  ELEVEN SCHOOL YEAR SHALL BE DETERMINED BY MULTIPLYING
THE EXEMPT AMOUNT APPLICABLE TO THE PORTION FOR THE TWO THOUSAND TEN-TWO
THOUSAND ELEVEN SCHOOL YEAR BY THE TAX RATE APPLICABLE  TO  THE  PORTION

S. 2808--B                         57

FOR  THE TWO THOUSAND TEN-TWO THOUSAND ELEVEN SCHOOL YEAR, WITH SEPARATE
CALCULATIONS FOR THE BASIC AND ENHANCED EXEMPTIONS.
  (III)  WHERE  A  SCHOOL TAX RATE WAS CHANGED IN THE MIDST OF THE PRIOR
SCHOOL YEAR, AN ANNUALIZED SCHOOL  TAX  RATE  SHALL  BE  USED  FOR  THIS
PURPOSE. THE ANNUALIZED TAX RATE FOR THIS PURPOSE SHALL BE DETERMINED BY
CALCULATING  THE  AVERAGE  OF  THE  TAX RATES IN EFFECT AT VARIOUS TIMES
DURING THE SCHOOL YEAR, WEIGHTED ACCORDING TO THE LENGTH OF TIME  DURING
WHICH THEY WERE RESPECTIVELY APPLICABLE.
  (B) A statement shall then be placed on the tax bill for the parcel in
substantially  the following form: "Your tax savings this year resulting
from the New York state school tax relief (STAR) program is $_______."
  S 6. Section 171-u of the tax law is amended by adding a new  subdivi-
sion 5 to read as follows:
  (5)(A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, THE
COMMISSIONER MAY ADOPT RULES PRESCRIBING A UNIFORM STATEWIDE  SYSTEM  OF
PARCEL  IDENTIFICATION NUMBERS AND A UNIFORM STATEWIDE ASSESSMENT CALEN-
DAR APPLICABLE TO ALL "ASSESSING UNITS", AS  THAT  TERM  IS  DEFINED  BY
SECTION  ONE  HUNDRED TWO OF THE REAL PROPERTY TAX LAW, PROVIDED THAT NO
SUCH RULE SHALL APPLY TO AN ASSESSMENT ROLL WITH A TAXABLE  STATUS  DATE
OCCURRING  PRIOR  TO  JANUARY FIRST, TWO THOUSAND THIRTEEN. THE RULES SO
PRESCRIBED SHALL TAKE PRECEDENCE OVER ANY AND ALL GENERAL,  SPECIAL  AND
LOCAL LAWS, ORDINANCES AND RESOLUTIONS TO THE CONTRARY.
  (B)  THE  UNIFORM  STATEWIDE  ASSESSMENT  CALENDAR SO PRESCRIBED SHALL
PROVIDE FOR A UNIFORM VALUATION DATE, A UNIFORM TAXABLE STATUS  DATE,  A
UNIFORM  DATE  FOR  THE  FILING OF TENTATIVE ASSESSMENT ROLLS, A UNIFORM
DATE FOR THE HEARING OF  COMPLAINTS  ON  TENTATIVE  ASSESSMENTS,  AND  A
UNIFORM  DATE FOR THE FILING OF FINAL ASSESSMENT ROLLS. THE CALENDAR MAY
NOT, HOWEVER, OVERRIDE THE DATES OTHERWISE SET BY LAW FOR  THE  LEVY  OR
COLLECTION  OF TAXES, NOR MAY IT OVERRIDE THE DATES OTHERWISE SET BY LAW
FOR LOCAL FISCAL YEARS TO BEGIN OR END.
  (C) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION,  THE
COMMISSIONER  MAY, AT HIS OR HER DISCRETION, ADOPT RULES THAT ARE APPLI-
CABLE ONLY TO "SPECIAL ASSESSING UNITS," AS  THAT  TERM  IS  DEFINED  BY
SECTION  EIGHTEEN  HUNDRED  ONE  OF  THE  REAL  PROPERTY  TAX LAW, WHICH
PRESCRIBE AN ALTERNATIVE SYSTEM OF PARCEL IDENTIFICATION NUMBERS AND  AN
ALTERNATIVE ASSESSMENT CALENDAR SOLELY FOR SUCH SPECIAL ASSESSING UNITS.
  S 7. This act shall take effect immediately.

                                 PART O

  Section  1. Paragraph c of subdivision 1 of section 4405 of the educa-
tion law, paragraph c as added by section 2 of part G2 of chapter 62  of
the laws of 2003, is amended to read as follows:
  c. Expenditures made by a social services district for the maintenance
of  a  child  with a disability placed in a residential school under the
provisions of this article, including a child with a  disability  placed
by  a  school  district  committee on special education pursuant to this
article in a special act school district, or a state school  subject  to
the  provisions  of articles eighty-seven and eighty-eight of this chap-
ter, shall be subject  to  [twenty]  TWENTY-EIGHT  AND  FOUR  HUNDREDTHS
percent reimbursement by the child's school district of residence pursu-
ant  to  the provisions of subdivision ten of section one hundred fifty-
three of the social services law. The amount of such reimbursement shall
be a charge upon such school district of residence.

S. 2808--B                         58

  S 2. Subdivision 10 of section 153 of  the  social  services  law,  as
amended  by  section  1 of part G2 of chapter 62 of the laws of 2003, is
amended to read as follows:
  10.  Expenditures  made  by a social services district for the mainte-
nance of children with disabilities, placed by school districts,  pursu-
ant  to  section  forty-four hundred five of the education law shall, if
approved by the office of children and family services,  be  subject  to
[forty  percent  reimbursement by the state and twenty] TWENTY-EIGHT AND
FOUR HUNDREDTHS PERCENT REIMBURSEMENT BY THE STATE AND TWENTY-EIGHT  AND
FOUR  HUNDREDTHS percent reimbursement by school districts in accordance
with paragraph (c) of subdivision one of section forty-four hundred five
of the education law, after first deducting therefrom any federal  funds
received  or to be received on account of such expenditures, except that
in the case of a student attending a state-operated school for the  deaf
or  blind pursuant to article eighty-seven or eighty-eight of the educa-
tion law who was not placed in such school by  a  school  district  such
expenditures  shall  be  subject  to  fifty percent reimbursement by the
state after first deducting therefrom any federal funds received  or  to
be  received  on  account  of  such  expenditures  and there shall be no
reimbursement by  school  districts.  Such  expenditures  shall  not  be
subject  to the limitations on state reimbursement contained in subdivi-
sion two of section one hundred fifty-three-k of this  [chapter]  TITLE.
In  the  event of the failure of the school district to make the mainte-
nance payment pursuant to the provisions of this subdivision, the  state
comptroller  shall  withhold  state  reimbursement  to  any  such school
district in an amount equal to the unpaid obligation for maintenance and
pay over such sum to the social services district upon certification  of
the  commissioner  of the office of children and family services and the
commissioner of education that such funds are overdue and owed  by  such
school  district.  The commissioner of the office of children and family
services, in consultation with  the  commissioner  of  education,  shall
promulgate regulations to implement the provisions of this subdivision.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force  and  effect  on  and  after  January  1,  2011;
provided,  however, that the amendments to subdivision 10 of section 153
of the social services law made by section two of  this  act  shall  not
affect the expiration of such subdivision and shall expire therewith.

                                 PART P

  Intentionally omitted.

                                 PART Q

                                SUBPART A

  Intentionally omitted.

                                SUBPART B

  Section 1. Subdivision 3 of section 502 of the executive law, as added
by chapter 465 of the laws of 1992, is amended to read as follows:
  3.  "Detention" means the temporary care and maintenance of youth held
away from their homes pursuant to article three or seven of  the  family
court act, or held pending a hearing for alleged violation of the condi-

S. 2808--B                         59

tions  of  release  from  [a  division] AN OFFICE OF CHILDREN AND FAMILY
SERVICES facility or authorized agency, or held pending  a  hearing  for
alleged  violation of the condition of parole as a juvenile offender, or
held  pending  return  to a jurisdiction other than the one in which the
youth is held, or held pursuant to a securing order of a criminal  court
if  the youth named therein as principal is charged as a juvenile offen-
der or held pending a hearing on an extension of placement or held pend-
ing transfer to a facility upon commitment or placement by a court. Only
alleged or convicted juvenile offenders  who  have  not  attained  their
eighteenth birthday shall be subject to detention in a detention facili-
ty.
  S 2. Subdivision 4, paragraphs (b) and (c) of subdivision 5 and subdi-
vision  7 of section 503 of the executive law, as amended by chapter 465
of the laws of 1992, are amended to read as follows:
  4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES  shall  visit
and  inspect all facilities used for detention and make periodic reports
of the operation and adequacy of  such  facilities,  and  the  need  for
provision  of  such facilities to the county executive, if there be one,
the county legislature and the family court  judges  of  the  county  in
which  such  facilities  are  located,  and the office of court adminis-
tration. The department of social  services  shall  cooperate  with  the
division  for  youth  to  make  arrangements  for  joint  visitation and
inspection of foster care programs certified by the department of social
services and serving youth detained, in cities having  a  population  of
one million or more, pursuant to article seven of the family court act.
  (b)  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may suspend
a certification for good cause shown.  Suspension  shall  mean  that  no
persons  coming  within  the provisions of article three or seven of the
family court act and no alleged or convicted juvenile  offender  may  be
received  for  care in a detention facility, but persons already in care
may remain in care. The [division] OFFICE may impose such conditions  in
the event of a suspension as it shall deem necessary and proper.
  (c)  [The  division]  SUCH  OFFICE may revoke a certification for good
cause shown. Revocation shall mean that no  persons  coming  within  the
provisions  of  article  three  or  seven of the family court act and no
alleged or convicted juvenile offender may  be  received  for  care  nor
remain at the detention facility.
  7. The person in charge of each detention facility shall keep a record
of all time spent in such facility for each youth in care. The detention
facility  shall  deliver  a  certified  transcript of such record to the
[division] OFFICE, social services  district,  or  other  agency  taking
custody  of  the  youth pursuant to article three or seven of the family
court act, before, or at the same time as the youth is delivered to  the
[division] OFFICE, district or other agency, as is appropriate.
  S  3.  Subdivisions 1, 2, 2-a, 3 and 4 of section 530 of the executive
law, subdivisions 1, 3 and 4 as amended by chapter 880 of  the  laws  of
1976,  subdivision  2  as  amended  by  chapter 920 of the laws of 1982,
subdivision 2-a as added and paragraph (a) of subdivision 4  as  amended
by chapter 419 of the laws of 1987, the closing paragraph of subdivision
2-a  as amended by chapter 465 of the laws of 1992, and paragraph (c) of
subdivision 4 as added by chapter 169 of the laws of 1994,  are  amended
to read as follows:
  1. Definitions. As used in this section, the [terms "local charge" and
"state  charge"  shall  have  the meaning ascribed to them in the social
services law] TERM "MUNICIPALITY" SHALL MEAN A COUNTY, OR A CITY  HAVING
A POPULATION OF ONE MILLION OR MORE.

S. 2808--B                         60

  2.  Expenditures made by [social services districts] MUNICIPALITIES in
providing care, maintenance and supervision to youth in detention facil-
ities designated pursuant to  sections  seven  hundred  twenty-four  and
305.2  of  the family court act and certified by the division for youth,
shall  be  subject  to  reimbursement  by the state upon approval by the
division in accordance with its regulations, as follows:
  (1) the full amount expended by the district for care, maintenance and
supervision of state charges;
  (2) fifty percent of the amount expended for the care, maintenance and
supervision of local charges where counties conform with requirements of
subdivision B of section two hundred eighteen-a of the county law.
  2-a. Expenditures made by the city of  New  York  in  providing  care,
maintenance  and supervision to youth detained pursuant to article seven
of the family court act in foster care facilities approved by the  state
department  of  social services shall be subject to reimbursement by the
state upon the approval of the division, as follows:
  (1) the full per diem rate set  by  the  state  department  of  social
services  for such programs for the care, maintenance and supervision of
state charges;
  (2) fifty percent of the per diem rate set by the state department  of
social  services  for such programs for the care, maintenance and super-
vision of local charges.  Notwithstanding the provisions of this  subdi-
vision,  section three hundred ninety-eight-a of the social services law
shall not apply to facilities certified  by  the  division  pursuant  to
section  five  hundred  three of this chapter.  (A) MUNICIPALITIES SHALL
IMPLEMENT THE USE OF DETENTION RISK ASSESSMENT INSTRUMENTS IN  A  MANNER
PRESCRIBED  BY  THE OFFICE SO AS TO INFORM DETENTION DECISIONS. NOTWITH-
STANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY,  DATA  NECES-
SARY FOR COMPLETION OF A DETENTION RISK ASSESSMENT INSTRUMENT AND CLAIM-
ING REIMBURSEMENT FOR DETENTION SHALL BE SHARED BETWEEN LAW ENFORCEMENT,
PROBATION,  COURTS,  DETENTION  ADMINISTRATORS, AND DETENTION PROVIDERS,
AND A COPY OF THE COMPLETED DETENTION RISK ASSESSMENT  INSTRUMENT  SHALL
BE MADE AVAILABLE TO THE APPLICABLE DETENTION PROVIDER.
  (B)  A  MUNICIPALITY  MAY  ALSO USE THE DETENTION SERVICES FUNDS UNDER
THIS SECTION FOR A PARTICULAR  PROGRAM  YEAR  FOR  FIFTY  PERCENT  STATE
REIMBURSEMENT  FOR  ALTERNATIVE TO DETENTION AND ALTERNATIVE TO RESIDEN-
TIAL PLACEMENT PROGRAMS PROVIDED DURING AN APPLICABLE  PROGRAM  YEAR  TO
AT-RISK,  ALLEGED OR ADJUDICATED JUVENILE DELINQUENTS IN COMMUNITY-BASED
NON-RESIDENTIAL SETTINGS.  ANY CLAIMS SUBMITTED BY  A  MUNICIPALITY  FOR
REIMBURSEMENT  FOR  DETENTION  SERVICES  OR  ALTERNATIVE TO DETENTION OR
RESIDENTIAL PLACEMENT PROGRAMS PROVIDED DURING A PARTICULAR PROGRAM YEAR
FOR WHICH THE MUNICIPALITY DOES NOT RECEIVE STATE REIMBURSEMENT FROM THE
MUNICIPALITY'S DISTRIBUTION OF DETENTION SERVICES FUNDS FOR THAT PROGRAM
YEAR MAY BE CLAIMED AGAINST THE  MUNICIPALITY'S  DISTRIBUTION  OF  FUNDS
AVAILABLE  UNDER  THIS SECTION FOR THE NEXT APPLICABLE PROGRAM YEAR. THE
OFFICE MAY REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE OFFICE ELECTRON-
ICALLY AT SUCH TIMES AND IN  THE  MANNER  AND  FORMAT  REQUIRED  BY  THE
OFFICE.
  3. Wherever detention services are not provided directly or indirectly
by  a  [social  services  district] MUNICIPALITY, the [district] MUNICI-
PALITY shall act as the intermediary between the  [division]  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES  and  the agency lawfully providing such
services, for the  purpose  of  claiming  and  receiving  reimbursement,
furnishing  financial  information  and  obtaining approval for reserved
accommodations pursuant to this section.

S. 2808--B                         61

  4. (a) The [social services districts] MUNICIPALITY  must  notify  the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES of state aid
received under other state aid formulas by each detention facility, and,
in the city of New York, by each foster care facility which is providing
care,  maintenance and supervision for which the [district] MUNICIPALITY
is seeking reimbursement pursuant to this  section,  including  but  not
limited to, aid for education, probation and mental health services.
  (b)  In  computing  reimbursement  to  the [social services districts]
MUNICIPALITY pursuant to  this  section,  the  [division]  OFFICE  shall
insure  that  the  aggregate  of  state aid under all state aid formulas
shall not exceed fifty percent of the  cost  of  care,  maintenance  and
supervision  provided  TO  detainees,  exclusive of federal aid for such
purposes.
  (c) Reimbursement for administrative related expenditures  as  defined
by the [director of the division for youth] OFFICE OF CHILDREN AND FAMI-
LY  SERVICES,  for  secure  and  nonsecure  detention services shall not
exceed seventeen percent of the total approved expenditures for  facili-
ties of twenty-five beds or more and shall not exceed twenty-one percent
of  the  total approved expenditures for facilities with less than twen-
ty-five beds.
  S 4. Subparagraphs 1 and 2 of  paragraph  (a)  and  paragraph  (b)  of
subdivision 5 of section 530 of the executive law, as amended by chapter
920 of the laws of 1982, are amended to read as follows:
  (1) temporary care, maintenance and supervision provided alleged juve-
nile delinquents and persons in need of supervision in detention facili-
ties  certified pursuant to sections seven hundred twenty-four and 305.2
of the family court act by the [division for youth] OFFICE  OF  CHILDREN
AND  FAMILY  SERVICES,  pending  adjudication  of alleged delinquency or
alleged need of supervision by the family court, or pending transfer  to
institutions  to which committed or placed by such court or while await-
ing disposition by such court after adjudication or held pursuant  to  a
securing  order of a criminal court if the person named therein as prin-
cipal is under sixteen; or,
  (2) temporary care,  maintenance  and  supervision  provided  juvenile
delinquents  and  persons  in  need of supervision in approved detention
facilities at the request of the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES pending release revocation hearings or while  await-
ing disposition after such hearings; or
  (b)  Payments made for reserved accommodations, whether or not in full
time use, approved by the [division for youth] OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES  and certified pursuant to sections seven hundred twen-
ty-four and 305.2 of the family court  act,  in  order  to  assure  that
adequate  accommodations  will  be available for the immediate reception
and proper care therein of youth for which detention costs are reimburs-
able pursuant to paragraph (a) of this subdivision, shall be  reimbursed
as  expenditures  for care, maintenance and supervision of local charges
under the provisions of this section,  provided  the  [division]  OFFICE
shall have given its prior approval for reserving such accommodations.
  S  5.  Subdivision  9 of section 530 of the executive law, as added by
section 2 of part C of chapter 83 of the laws of  2002,  is  amended  to
read as follows:
  9.  The agency administering detention for each county and the city of
New York shall submit to the office of children and family services,  AT
SUCH  TIMES  AND in such form and manner AND CONTAINING SUCH INFORMATION
as required by the office of children and family services,  a  quarterly
report on youth remanded pursuant to article three or seven of the fami-

S. 2808--B                         62

ly  court act who are detained for forty-five days or more in any twelve
month period INCLUDING THE RISK LEVEL OF EACH DETAINED YOUTH AS ASSESSED
BY A DETENTION RISK ASSESSMENT INSTRUMENT  APPROVED  BY  THE  OFFICE  OF
CHILDREN  AND  FAMILY SERVICES. THE OFFICE MAY REQUIRE THAT SUCH DATA ON
DETENTION USE BE SUBMITTED TO THE OFFICE ELECTRONICALLY.    Such  report
shall  include,  but  not  be  limited to[:], the reason for the court's
determination in accordance with section 320.5 or seven hundred  thirty-
nine  of  the  family  court  act  to  detain  the youth; the offense or
offenses with which the youth is charged; and all other reasons why  the
youth  remains  detained. Detention agencies shall submit each quarterly
report to the office within thirty days of the end of  the  quarter  and
the office shall submit a compilation of all of the separate reports for
the  quarter  to the governor and the legislature within forty-five days
of the end of the quarter. The first quarterly report  shall  cover  the
last quarter of two thousand two.  THE OFFICE SHALL SUBMIT A COMPILATION
OF ALL THE SEPARATE REPORTS TO THE GOVERNOR AND THE LEGISLATURE.
  S  6. Subdivision (c) of section 531 of the executive law, as added by
chapter 43 of the laws of 1978, is amended to read as follows:
  (c) expenditures made by each [such social services district]  MUNICI-
PALITY for the care, maintenance and supervision of youths in secure and
non-secure  detention  for  which  reimbursement is approved pursuant to
section five hundred thirty of this chapter, or for which  reimbursement
is  due  to  the  state  pursuant  to subdivision seven of such section,
including the numbers of such  youths  in  each  category  of  detention
facility and the per diem rates charged.
  S  7.  Paragraph  (b)  of subdivision 3 of section 320.5 of the family
court act, as added by section 1 of part DD of chapter 57 of the laws of
2008, is amended to read as follows:
  (b) Any finding directing detention pursuant to paragraph (a) of  this
subdivision  made  by the court shall state the facts, THE LEVEL OF RISK
THE YOUTH WAS ASSESSED PURSUANT TO A DETENTION RISK  ASSESSMENT  INSTRU-
MENT  APPROVED  BY  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, and THE
reasons for such finding INCLUDING, IF A DETERMINATION IS MADE TO  PLACE
A  YOUTH IN DETENTION WHO WAS ASSESSED AT A LOW OR MEDIUM RISK ON SUCH A
RISK ASSESSMENT INSTRUMENT, THE PARTICULAR  REASONS  WHY  DETENTION  WAS
DETERMINED TO BE NECESSARY.
  S  8. Subdivision (a) of section 735 of the family court act, as added
by section 7 of part E of chapter 57 of the laws of 2005, is amended  to
read as follows:
  (a)  Each  county  and  any city having a population of one million or
more shall offer diversion services as defined in section seven  hundred
twelve  of this article to youth who are at risk of being the subject of
a person in  need  of  supervision  petition.  Such  services  shall  be
designed  to  provide  an  immediate  response to families in crisis, to
identify and utilize appropriate alternatives to detention and  SERVICES
AND  PROGRAMS  to  divert  youth from being the subject of a petition in
family court. Each county and such city shall designate either the local
social services district or the probation department as lead agency  for
the purposes of providing diversion services.
  S 9. The opening paragraph and paragraph 2 of subdivision A and subdi-
visions  B  and  C of section 218-a of the county law, the opening para-
graph of subdivision A as amended by chapter 465 of the  laws  of  1992,
paragraph  2  of  subdivision A as amended by chapter 555 of the laws of
1978, subdivision B as amended by chapter 419 of the laws  of  1987  and
subdivision C as added by section 12 of part E of chapter 57 of the laws
of 2005, are amended to read as follows:

S. 2808--B                         63

  To assure that suitable and conveniently accessible accommodations and
proper and adequate detention in secure and non-secure detention facili-
ties,  as  defined  in section five hundred two of the executive law and
the regulations of the [division for youth] OFFICE OF CHILDREN AND FAMI-
LY  SERVICES,  will  be  available when required for the temporary care,
maintenance and security of alleged and  convicted  juvenile  offenders,
AND alleged and adjudicated juvenile delinquents and alleged and adjudi-
cated persons in need of supervision. Such regulations shall not require
any  county to provide temporary care in a secure detention facility for
residents of any other county except upon a space available  basis.  The
county  executive,  if  there be one, otherwise the board of supervisors
shall designate the agency of  county  government  responsible  for  the
administration  of  the  county  juvenile detention program and shall so
advise the [New York state division for youth] OFFICE  OF  CHILDREN  AND
FAMILY SERVICES, and may make provisions therefor as follows:
  2. Authorize a contract between its county and one or more other coun-
ties,  which  is  or  are  operating a conveniently accessible detention
facility certified by the [division for youth] OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES and in compliance with regulations of the [division for
youth] OFFICE, providing for the reception, temporary accommodation  and
care in such facility of alleged or adjudicated juvenile delinquents and
persons in need of supervision held for or at the direction of its fami-
ly  court, for and in consideration of the payments to be made therefor,
on a per capita basis, pursuant to the terms of such contract.
  B. Notwithstanding any other provision of law, each board of  supervi-
sors shall provide or assure the availability of conveniently accessible
and  adequate  non-secure  detention facilities, certified by the [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, as resources
for the family court in the county pursuant to articles seven and  three
of  the  family  court  act, to be operated in compliance with the regu-
lations of the [division for youth] OFFICE for the  temporary  care  and
maintenance  of alleged and adjudicated juvenile delinquents and persons
in need of supervision held for or at the direction of a family court.
  C. Each county shall offer diversion services to children who  are  at
risk of being the subject of a petition under article seven of the fami-
ly  court  act.  Such services shall be designed to provide an immediate
response to families in crisis and to identify and  utilize  appropriate
[alternatives to juvenile detention] SERVICES.
  S 10. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately.

                                 PART R

  Section 1. Paragraph (f) of subdivision 1  of  section  424-a  of  the
social  services  law, as amended by chapter 441 of the laws of 1993, is
amended to read as follows:

S. 2808--B                         64

  (f) The [department] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  shall
charge  a  fee  of  [five]  TWENTY-FIVE dollars when[, pursuant to regu-
lations of the department,] it conducts [a] AN  INITIAL  search  of  its
records OF AN INDIVIDUAL AND FIVE DOLLARS FOR EACH SUBSEQUENT SEARCH FOR
THE INDIVIDUAL, within the statewide central register for child abuse or
maltreatment  in  accordance  with  this  section  or regulations of the
[department] OFFICE to determine whether an applicant for employment [as
specified in paragraph (b) of this subdivision] is  the  subject  of  an
indicated  child  abuse  or maltreatment report[, except that fees shall
not be charged for requests for screenings related to applications  for]
INCLUDING  AN APPLICANT TO BE A child day care [providers or for employ-
ment with child day care providers including requests]  PROVIDER  AND  A
REQUEST  made  pursuant  to  subdivision six of this section.  Such fees
shall be deposited in [an] A SPECIAL REVENUE - OTHER account  and  shall
be  made  available to the [department] OFFICE for costs incurred in the
implementation of this section. [Procedures for  payment  of  such  fees
shall  be  established by the regulations of the department.] THE OFFICE
MUST ESTABLISH PROCEDURES  WHEREBY  ALL  RECORDS  WITHIN  THE  STATEWIDE
CENTRAL  REGISTER FOR CHILD ABUSE OR MALTREATMENT CONTAIN PERSONAL IDEN-
TIFYING INFORMATION THAT WILL  ALLOW  AN  AUTOMATED  SEARCH  OF  RECORDS
RECEIVED ON OR AFTER APRIL FIRST, TWO THOUSAND ELEVEN.
  S  2.  This  act  shall take effect immediately and shall apply to any
request for a search of the records of the statewide central register of
child abuse or maltreatment that is received by the office  of  children
and family services on or after April 1, 2011.

                                 PART S

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  I  of  chapter  58  of  the  laws  of 2010, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal  to  at least $130.00 for each month beginning on or after January
first, two thousand [ten] ELEVEN.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to  at least $150.00 for each month beginning on or after
January first, two thousand [ten] ELEVEN.
  (c) in the case of  each  individual  receiving  enhanced  residential
care, an amount equal to at least $178.00 for each month beginning on or
after January first, two thousand [ten] ELEVEN.
  (d)  for  the  period  commencing January first, two thousand [eleven]
TWELVE, the monthly personal needs allowance shall be an amount equal to
the sum of the amounts set forth in subparagraphs one and  two  of  this
paragraph:
  (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
subdivision; and
  (2) the amount in subparagraph one of this  paragraph,  multiplied  by
the  percentage  of  any  federal  supplemental  security income cost of
living adjustment which becomes effective on or after January first, two
thousand [eleven] TWELVE, but prior  to  June  thirtieth,  two  thousand
[eleven] TWELVE, rounded to the nearest whole dollar.
  S  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of  part
I of chapter 58 of the laws of 2010, are amended to read as follows:

S. 2808--B                         65

  (a)  On  and  after  January  first, two thousand [ten] ELEVEN, for an
eligible individual living alone, $761.00; and for  an  eligible  couple
living alone, $1115.00.
  (b)  On  and  after  January  first, two thousand [ten] ELEVEN, for an
eligible individual living with others with or without  in-kind  income,
$697.00;  and  for an eligible couple living with others with or without
in-kind income, $1057.00.
  (c) On and after January first, two thousand [ten] ELEVEN, (i) for  an
eligible  individual  receiving  family  care,  $940.48  if he or she is
receiving such care in the city of New York or  the  county  of  Nassau,
Suffolk,  Westchester  or  Rockland;  and  (ii)  for  an eligible couple
receiving family care in the city of New York or the county  of  Nassau,
Suffolk,  Westchester  or  Rockland,  two  times the amount set forth in
subparagraph (i) of this paragraph; or (iii) for an eligible  individual
receiving  such care in any other county in the state, $902.48; and (iv)
for an eligible couple receiving such care in any other  county  in  the
state,  two  times  the  amount  set forth in subparagraph (iii) of this
paragraph.
  (d) On and after January first, two thousand [ten] ELEVEN, (i) for  an
eligible individual receiving residential care, $1109.00 if he or she is
receiving  such  care  in  the city of New York or the county of Nassau,
Suffolk, Westchester or  Rockland;  and  (ii)  for  an  eligible  couple
receiving  residential  care  in  the  city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other county in the state, $1079.00;  and
(iv)  for  an eligible couple receiving such care in any other county in
the state, two times the amount set forth in subparagraph (iii) of  this
paragraph.
  (e)  (i) On and after January first, two thousand [ten] ELEVEN, for an
eligible individual receiving enhanced residential care,  $1368.00;  and
(ii)  for  an  eligible  couple receiving enhanced residential care, two
times the amount set forth in subparagraph (i) of this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases  in  federal  supple-
mental  security income benefits for individuals or couples which become
effective on or after January first, two thousand  [eleven]  TWELVE  but
prior to June thirtieth, two thousand [eleven] TWELVE.
  S 3. This act shall take effect December 31, 2011.

                                 PART T

  Section 1. Subdivision 1 of section 341 of the social services law, as
amended  by  section  1  of part D of chapter 61 of the laws of 2006, is
amended to read as follows:
  1. (a) Consistent with federal law and regulations and this title,  if
a  participant  has failed or refused to comply with the requirements of
this title, the social services district shall issue a notice  in  plain
language  indicating  that  such failure or refusal has taken place, THE
EFFECT OF SUCH NONCOMPLIANCE  ON  THE  PARTICIPANT'S  PUBLIC  ASSISTANCE
BENEFITS,  and  of  the  right  of  such  participant to conciliation to
resolve the reasons for such failure or  refusal  to  avoid  a  pro-rata
reduction  OR  DISCONTINUANCE in public assistance benefits for a period
of time set forth in section three hundred forty-two of this title.  The
notice  shall  indicate  the  specific  instance or instances of willful
refusal or failure to comply without good cause with the requirements of

S. 2808--B                         66

this title and the necessary actions that must be taken to avoid a  pro-
rata  reduction  OR  DISCONTINUANCE  in  public assistance benefits. The
notice shall indicate that the  participant  has  [seven]  TEN  days  to
request conciliation with the district regarding such failure or refusal
[in  the  case of a safety net participant and ten days in the case of a
family assistance participant]. PROVIDED, HOWEVER, THAT FOR A MEMBER  OF
A  HOUSEHOLD WITH DEPENDENT CHILDREN WHO DOES NOT REQUEST A CONCILIATION
CONFERENCE WITHIN THE TEN DAY PERIOD, THE LOCAL SOCIAL SERVICES DISTRICT
SHALL MAKE AN ADDITIONAL EFFORT TO CONTACT THE  HOUSEHOLD,  INCLUDING  A
REASONABLE  ATTEMPT  FOR TELEPHONE CONTACT, TO OFFER CONCILIATION AND TO
INDICATE THAT THE PARTICIPANT HAS TEN DAYS TO REQUEST CONCILIATION.  The
notice shall also include an explanation in plain language of what would
constitute  good  cause  for  non-compliance  and examples of acceptable
forms of evidence that may warrant an exemption  from  work  activities,
including  evidence  of domestic violence, and physical or mental health
limitations that may be  provided  at  the  conciliation  conference  to
demonstrate  such good cause for failure to comply with the requirements
of this title.  SUCH NOTICE SHALL ALSO INCLUDE  INFORMATION  TO  EXPLAIN
THE  BENEFITS  OF  COMPLIANCE,  INCLUDING THE AVAILABILITY OF GUARANTEED
CHILD CARE BENEFITS. If the participant does not  contact  the  district
within  the  specified number of days, the district shall issue ten days
notice of intent to discontinue or reduce assistance, pursuant to  regu-
lations of the department. Such notice shall also include a statement of
the  participant's  right  to a fair hearing relating to such discontin-
uance or reduction. If such participant  contacts  the  district  within
[seven  days  in the case of a safety net participant or within ten days
in the case of a family assistance participant] THE SPECIFIED NUMBER  OF
DAYS,  it  will be the responsibility of the participant to give reasons
for such failure or refusal.
  (b) Unless the district determines as a result  of  such  conciliation
process  that  such  failure or refusal was willful and was without good
cause, no further action shall be taken. If the district determines that
such failure or refusal was willful and without good cause, the district
shall notify such participant in writing, in plain  language  and  in  a
manner  distinct from any previous notice, by issuing ten days notice of
its intent to  discontinue  or  reduce  assistance.  Such  notice  shall
include  the  reasons  for  such determination, the specific instance or
instances of willful refusal or failure to  comply  without  good  cause
with  the requirements of this title, the necessary actions that must be
taken to avoid a pro-rata reduction OR DISCONTINUANCE in public  assist-
ance  benefits, and the right to a fair hearing relating to such discon-
tinuance or reduction.  Unless  extended  by  mutual  agreement  of  the
participant  and the district, conciliation shall terminate and a deter-
mination shall be made within [fourteen]  THIRTY  days  of  the  date  a
request  for  conciliation  is made [in the case of a safety net partic-
ipant or within thirty days of the conciliation notice in the case of  a
family assistance participant].
  S  2.  Subdivision  5  of  section  341  of the social services law is
REPEALED and subdivision 6 is renumbered subdivision 5.
  S 3. Subdivisions 2 and 3 of section 342 of the social  services  law,
as  added  by  section 148 of part B of chapter 436 of the laws of 1997,
are amended to read as follows:
  2. [In] NOTWITHSTANDING  SUBDIVISION  EIGHT  OF  SECTION  ONE  HUNDRED
FIFTY-THREE  OF THIS ARTICLE, IN the case of an applicant for or recipi-
ent of public assistance [who is a parent or caretaker  of  a  dependent

S. 2808--B                         67

child], the public assistance benefits otherwise available to the house-
hold of which such individual is a member shall be [reduced pro-rata]:
  (a) REDUCED PRO-RATA for the first instance of failure to comply with-
out good cause with the requirement of this article until the individual
is willing to comply;
  (b)  TERMINATED  AND CASE CLOSED for the second instance of failure to
comply without good cause with the requirements of this article[, for  a
period  of  three months and thereafter] until the individual is willing
to comply;
  (c) TERMINATED AND CASE  CLOSED  for  the  third  and  all  subsequent
instances  of failure to comply without good cause with the requirements
of this article, for a period of six months [and  thereafter]  OR  until
the individual is willing to comply, WHICHEVER PERIOD IS LONGER.
  3.  [In the case of an individual who is a member of a household with-
out dependent children applying for or in receipt of safety net  assist-
ance the public assistance benefits otherwise available to the household
of which such individual is a member shall be reduced pro-rata:
  (a)  for  the  first  such  failure  or  refusal, until the failure or
refusal ceases or ninety days, which ever period of time is longer;
  (b) for the second such failure or refusal, until the  failure  ceases
or for one hundred fifty days, whichever period of time is longer; and
  (c)  for the third and all subsequent such failures or refusals, until
the failure ceases or one hundred eighty days, whichever period of  time
is  longer.]  WITH RESPECT TO THE SANCTIONS SET FORTH IN SUBDIVISION TWO
OF THIS SECTION, IF THE INDIVIDUAL COMPLIES WITH THE REQUIREMENT OF THIS
ARTICLE WITHIN THE SIX-MONTH MINIMUM SANCTION  DURATIONS  SET  FORTH  IN
PARAGRAPH  (C)  OF  SUBDIVISION  TWO OF THIS SECTION THE HOUSEHOLD SHALL
RECEIVE A PRO-RATA REDUCED  GRANT  FOR  THE  REMAINING  MINIMUM  PERIOD.
CONTINUED  COMPLIANCE AFTER THE MINIMUM DURATION SHALL RESTORE THE GRANT
TO THE FULL AMOUNT.
  S 4. The office of temporary and disability assistance,  in  consulta-
tion  with  the  office  of children and family services, shall submit a
report to the chairperson of the senate finance  committee,  the  chair-
person of the assembly ways and means committee, and the director of the
division  of  budget  on  the implementation of the full family sanction
policy. Such report shall include the number of  sanctioned  cases  that
had  their case closed due to the new sanction policy, the monthly bene-
fit of those sanctioned cases that had their cases closed and the number
of sanctioned  cases  involving  case  closure  that  subsequently  were
reopened upon demonstrated willingness to comply with work requirements.
Such  report  shall also determine if there were child welfare referrals
made since October, 1, 2011 that were a function  of  the  new  sanction
policy. This report shall be submitted by December 31, 2012.
  S  5.  This  act shall take effect October 1, 2011 and shall expire on
September 30, 2013, when upon such date the provisions of this act shall
be deemed repealed.

                                 PART U

  Section 1. Paragraph (a-2) of subdivision 2 of section  131-a  of  the
social  services  law,  as added by section 1 of part Y of chapter 57 of
the laws of 2009, is amended to read as follows:
  (a-2) For the period beginning July first, two thousand  [ten]  ELEVEN
and  ending  June thirtieth, two thousand [eleven] TWELVE, the following
schedule shall be the standard of monthly need for determining eligibil-

S. 2808--B                         68

ity for all categories of assistance  in  and  by  all  social  services
districts:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    [$141]      [$225]      [$300]      [$386]      [$477]      [$551]
     $126        $201        $268        $345        $426        $492
  For  each  additional  person in the household there shall be added an
additional amount of [seventy-five] SIXTY-SEVEN dollars monthly.
  S 2. Paragraph (a-3) of subdivision 2 of section 131-a of  the  social
services  law, as added by section 1 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
  (a-3) For the period beginning July first, two  thousand  [eleven  and
thereafter,]  TWELVE  the  following  schedule  shall be the standard of
monthly need for determining eligibility for all categories  of  assist-
ance in and by all social services districts:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    [$158]      [$252]      [$335]      [$432]      [$533]      [$616]
     $141        $225        $300        $386        $477        $551
  For  each  additional  person in the household there shall be added an
additional amount of [eighty-four] SEVENTY-FIVE dollars monthly.
  S 3. Subdivision 2 of section 131-a of  the  social  services  law  is
amended by adding a new paragraph (a-4) to read as follows:
  (A-4)  FOR  THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND
THEREAFTER, THE FOLLOWING SCHEDULE SHALL BE THE STANDARD OF MONTHLY NEED
FOR DETERMINING ELIGIBILITY FOR ALL CATEGORIES OF ASSISTANCE IN  AND  BY
ALL SOCIAL SERVICES DISTRICTS:
                     NUMBER OF PERSONS IN HOUSEHOLD
    ONE         TWO         THREE       FOUR        FIVE        SIX
    $158        $252        $335        $432        $533        $616
  FOR  EACH  ADDITIONAL  PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY-FOUR DOLLARS MONTHLY.
  S 4. Paragraph (a-2) of subdivision 3 of section 131-a of  the  social
services  law, as added by section 2 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
  (a-2) For the period beginning July first, two thousand  [ten]  ELEVEN
and  ending  June  thirtieth,  two thousand [eleven] TWELVE, persons and
families determined to be eligible by the application of the standard of
need prescribed by the provisions of subdivision two  of  this  section,
less  any  available  income  or  resources which are not required to be
disregarded by other provisions of this chapter, shall  receive  maximum
monthly  grants  and  allowances  in  all  social services districts, in
accordance with the following schedule, for public assistance:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    [$141]      [$225]      [$300]      [$386]      [$477]      [$551]
     $126        $201        $268        $345        $426        $492
  For each additional person in the household there shall  be  added  an
additional amount of [seventy-five] SIXTY-SEVEN dollars monthly.
  S  5.  Paragraph (a-3) of subdivision 3 of section 131-a of the social
services law, as added by section 2 of part Y of chapter 57 of the  laws
of 2009, is amended to read as follows:
  (a-3)  For  the  period beginning July first, two thousand [eleven and
thereafter,] TWELVE persons and families determined to  be  eligible  by
the  application of the standard of need prescribed by the provisions of
subdivision two of this section, less any available income or  resources

S. 2808--B                         69

which  are  not  required  to be disregarded by other provisions of this
chapter, shall receive maximum monthly  grants  and  allowances  in  all
social  services  districts,  in accordance with the following schedule,
for public assistance:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    [$158]      [$252]      [$335]      [$432]      [$533]      [$616]
     $141        $225        $300        $386        $477        $551
  For  each  additional  person in the household there shall be added an
additional amount of [eighty-four] SEVENTY-FIVE dollars monthly.
  S 6. Subdivision 3 of section 131-a of  the  social  services  law  is
amended by adding a new paragraph (a-4) to read as follows:
  (A-4)  FOR  THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND
THEREAFTER, PERSONS AND FAMILIES DETERMINED TO BE ELIGIBLE BY THE APPLI-
CATION OF THE STANDARD OF NEED PRESCRIBED BY THE PROVISIONS OF  SUBDIVI-
SION  TWO  OF THIS SECTION, LESS ANY AVAILABLE INCOME OR RESOURCES WHICH
ARE NOT REQUIRED TO BE DISREGARDED BY OTHER PROVISIONS OF THIS  CHAPTER,
SHALL  RECEIVE  MAXIMUM  MONTHLY  GRANTS  AND  ALLOWANCES  IN ALL SOCIAL
SERVICES DISTRICTS, IN  ACCORDANCE  WITH  THE  FOLLOWING  SCHEDULE,  FOR
PUBLIC ASSISTANCE:
                     NUMBER OF PERSONS IN HOUSEHOLD
    ONE         TWO         THREE       FOUR        FIVE        SIX
    $158        $252        $335        $432        $533        $616
  FOR  EACH  ADDITIONAL  PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY-FOUR DOLLARS MONTHLY.
  S 7. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART V

  Intentionally omitted.

                                 PART W

  Section  1.  Section  39  of part P2 of chapter 62 of the laws of 2003
amending the state finance law and other laws  relating  to  authorizing
and  directing  the state comptroller to loan money to certain funds and
accounts, as amended by section 1 of part Z of chapter 57 of the laws of
2009, is amended to read as follows:
  S 39. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2003; provided,
however, that sections one, three, four, six, seven through fifteen, and
seventeen  of  this act shall expire March 31, 2004, when upon such date
the provisions of such sections shall be deemed repealed;  and  sections
thirty  and thirty-one of this act shall expire December 31, [2011] 2013
and the amendments made to section 69-c of  the  state  finance  law  by
section  thirty-two  of  this  act  shall  not affect the expiration and
repeal of such section and shall be deemed to be expired therewith.
  S 2. This act shall take effect immediately.

                                 PART X

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

S. 2808--B                         70

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

S. 2808--B                         71

ACADEMIC  STANDARDS  SCHEDULE  APPLICABLE  TO  STUDENTS  ENROLLED  IN  A
FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM;
  (IV)  IS  IN  DEFAULT IN THE REPAYMENT OF ANY STATE OR FEDERAL STUDENT
LOAN, HAS FAILED TO COMPLY WITH  THE  TERMS  OF  ANY  SERVICE  CONDITION
IMPOSED  BY AN ACADEMIC PERFORMANCE AWARD MADE PURSUANT TO THIS ARTICLE,
OR HAS FAILED TO MAKE A REFUND OF ANY AWARD; OR
  (V) IS INCARCERATED IN ANY FEDERAL, STATE OR OTHER PENAL INSTITUTION.
  C. Must be in full-time attendance, as defined  by  the  commissioner,
except  as  otherwise  specifically provided in THIS article [fourteen],
and, for a student having completed his or  her  second  academic  year,
must  have  a  cumulative C average or its equivalent. The president may
waive the requirement that the student have a cumulative  C  average  or
its  equivalent for undue hardship based on: (i) the death of a relative
of the student; (ii) the personal injury or illness of the  student;  or
(iii) other extenuating circumstances; and
  [c.] D. For students who first receive aid pursuant to this chapter in
academic year nineteen hundred ninety-six--nineteen hundred ninety-seven
to  academic  year  two  thousand  six--two  thousand seven, must have a
certificate of graduation from a school providing  secondary  education,
or  the  recognized  equivalent  of such certificate; or have achieved a
passing score, as determined by the United States  secretary  of  educa-
tion,  on  a  federally approved examination which demonstrates that the
student can benefit from the education being offered;
  [d.] E. For students who first receive aid pursuant to this chapter in
academic year two thousand six--two thousand seven, must have a  certif-
icate  of graduation from a recognized school providing secondary educa-
tion within the United States, or  the  recognized  equivalent  of  such
certificate, or have been admitted to such institution after receiving a
passing  score  on a federally approved ability to benefit test that has
been independently  administered  and  evaluated,  as  provided  by  the
commissioner;
  [e.] F. For students who first receive aid pursuant to this chapter in
academic year two thousand seven--two thousand eight or thereafter, must
have  (i)  a certificate of graduation from a school providing secondary
education from a state within the United States; or (ii) the  recognized
equivalent  of  such certificate; or (iii) received a passing score on a
federally approved ability to benefit test that has been  identified  by
the  board of regents as satisfying the eligibility requirements of this
section and has been independently administered and evaluated as defined
by the commissioner[.];
  [f. for] G. FOR students who are disabled as defined by the  Americans
With  Disability  Act  of  1990,  42 USC 12101, the full-time attendance
requirement is eliminated. Such disabled students may  be  in  part-time
attendance,  as  defined  by the commissioner in order to be eligible to
receive payments from the president.
  S 2. Subdivision 8-b of section 355 of the education law, as added  by
section  2  of  part GG of chapter 57 of the laws of 2009, is amended to
read as follows:
  8-b. Notwithstanding the provision of any law, rule or  regulation  to
the contrary, the state university shall be entitled to annually receive
an  apportionment  and  payment  of state assistance equal to all moneys
derived as a result of the tuition increase, calculated as  the  differ-
ence  in  the amount generated using the tuition rates authorized by the
state university trustees for the two thousand seven--two thousand eight
academic year and the amount generated using the tuition  rates  author-
ized  by  state university trustees for the two thousand nine--two thou-

S. 2808--B                         72

sand ten academic year, pursuant to the following schedule: for the  two
thousand  nine--two  thousand  ten  academic  year, the state university
shall receive  an  amount  equal  to  twenty  percent  of  such  tuition
increase;  for  the two thousand ten--two thousand eleven academic year,
the state university shall receive an amount equal to thirty percent  of
such  tuition increase; for the two thousand eleven--two thousand twelve
academic year, the state university shall receive  an  amount  equal  to
forty  percent  of  such  tuition  increase;  [and] for the two thousand
twelve--two thousand thirteen academic year, the state university  shall
receive  an amount equal to [fifty] SEVENTY-FIVE percent of such tuition
increase; AND FOR  THE  TWO  THOUSAND  THIRTEEN--TWO  THOUSAND  FOURTEEN
ACADEMIC  YEAR  AND  EACH ACADEMIC YEAR THEREAFTER, THE STATE UNIVERSITY
SHALL RECEIVE AN AMOUNT EQUAL TO ONE HUNDRED  PERCENT  OF  SUCH  TUITION
INCREASE. Such apportionment shall be for the enhanced investment in the
state  university  of the state of New York and shall be used to supple-
ment, not supplant, state gross general fund support, unless the  direc-
tor  of the budget determines that state fiscal conditions preclude such
an outcome and, in which  case,  the  director  shall  submit  a  report
regarding  the  recommended  funding  levels  and  whether  the  tuition
increase apportionment provisions of this subdivision have been complied
with for the state university of the state of New York to the chairs  of
the  senate  finance committee and the assembly ways and means committee
and the chairs of the senate higher education committee and the assembly
higher education committee no later  than  fifteen  days  following  the
release of the executive budget.
  S  3.  This  act shall take effect immediately; provided, that section
one of this act shall apply to semesters commencing on and after January
1, 2012 and to all subsequent academic years.

                                 PART Y

  Section 1. Subparagraph 4 of paragraph h of subdivision 2  of  section
355 of the education law, as amended by chapter 309 of the laws of 1996,
is amended to read as follows:
  (4)  The trustees shall not impose a differential tuition charge based
upon need or income. All students enrolled in programs leading  to  like
degrees  at state-operated institutions of the state university shall be
charged a uniform rate of tuition except for differential tuition  rates
based  on  state  residency.  Provided,  however, THAT FOR THE 2011-2012
ACADEMIC YEAR THE TRUSTEES MAY AUTHORIZE A FIVE PERCENT TUITION INCREASE
PER SEMESTER FOR OUT-OF-STATE RESIDENTS. PROVIDED FURTHER, HOWEVER, THAT
ONE HUNDRED PERCENT OF THE TUITION REVENUE GENERATED  BY  SUCH  INCREASE
SHALL BE RETAINED BY THE STATE UNIVERSITY OF NEW YORK AND that the trus-
tees  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. The  trustees
shall not adopt changes affecting tuition charges prior to the enactment
of the annual budget.
  S 2. This act shall take effect immediately.

                                 PART Z

S. 2808--B                         73

  Section  1. Subdivision 3 of section 458-b of the social services law,
as added by section 4 of part F of chapter 58 of the laws  of  2010,  is
amended to read as follows:
  3. If the social services official determines that the child is eligi-
ble  for  kinship guardianship assistance payments and it is in the best
interests of the child for the relative to become the legal guardian  of
the child, the social services official [shall] MAY enter into an agree-
ment with the prospective relative guardian authorizing the provision of
kinship  guardianship  assistance  payments,  non-recurring guardianship
payments, and other services and payments  available  under  this  title
subject  to  the issuance by the court of letters of guardianship of the
child to the prospective relative guardian and the child  being  finally
discharged  from foster care to such relative. In determining whether it
is in the best interests of the child for the  relative  to  become  the
relative guardian of the child, the social services official must deter-
mine and document that compelling reasons exist for determining that the
return  home  of  the child and the adoption of the child are not in the
best interests of the child and are, therefore, not appropriate  perman-
ency options. A copy of the fully executed agreement must be provided by
the social services official to the prospective relative guardian.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as section 4 of part F of chapter 58 of the laws  of  2010  takes
effect.

                                 PART AA

  Section  1.  Section  353.3  of  the  family  court act, as amended by
section 6 of part G of chapter 58 of the laws of  2010,  is  amended  to
read as follows:
  S  353.3  Placement. 1. In accordance with section 352.2 of this part,
the court may place the respondent in his or her  own  home  or  in  the
custody  of  a suitable relative or other suitable private person or the
commissioner of the local social services  district  or  the  office  of
children and family services pursuant to article nineteen-G of the exec-
utive law, subject to the orders of the court.
  2.  Where  the respondent is placed with the commissioner of the local
social services district, the court may direct the commissioner to place
him or her with an authorized agency or class  of  authorized  agencies,
including,  if  the  court  finds  that  the  respondent  is  a sexually
exploited child as defined in subdivision one of  section  four  hundred
forty-seven-a  of  the  social services law, an available long-term safe
house. Unless the dispositional order provides otherwise, the  court  so
directing  shall  include  one of the following alternatives to apply in
the event that the commissioner is unable to so place the respondent:
  (a) the commissioner shall apply to the court for an  order  to  stay,
modify,  set  aside, or vacate such directive pursuant to the provisions
of section 355.1 of this part; or
  (b) the commissioner shall return the respondent to the  family  court
for a new dispositional hearing and order.
  3.  Where  the  respondent  is  placed with the office of children and
family services, the court shall[, unless it directs the office to place
him or her with an authorized agency or class  of  authorized  agencies,
including if the court finds that the respondent is a sexually exploited
child  as  defined in subdivision one of section four hundred forty-sev-
en-a of the social services  law,  an  available  long-term  safe  house

S. 2808--B                         74

pursuant  to  subdivision four of this section,] authorize the office to
do one of the following:
  (a) place the respondent in a secure facility [without a further hear-
ing  at  any  time  or  from time to time during the first sixty days of
residency  in  office  of  children  and  family  services   facilities.
Notwithstanding  the discretion of the office to place the respondent in
a secure facility at any time during the first sixty days  of  residency
in a office of children and family services facility, the respondent may
be placed in a non-secure facility. In the event that the office desires
to  transfer  a  respondent  to  a secure facility at any time after the
first sixty days of residency in office facilities, a hearing  shall  be
held pursuant to subdivision three of section five hundred four-a of the
executive law]; or
  (b)  place the respondent in a limited secure facility. The respondent
may be transferred by the office to a secure facility after a hearing is
held pursuant to section five  hundred  four-a  of  the  executive  law;
provided,  however,  that  during  the first twenty days of residency in
office facilities, the respondent shall not be transferred to  a  secure
facility  unless  the  respondent has committed an act or acts which are
exceptionally dangerous to the respondent or to others[; or
  (c) place the respondent  in  a  non-secure  facility.  No  respondent
placed  pursuant  to  this paragraph may be transferred by the office of
children and family services to a secure facility].
  4. [Where the respondent is placed with the  office  of  children  and
family services, the court may direct the office to place the respondent
with an authorized agency or class of authorized agencies, including, if
the  court  finds  that  the respondent is a sexually exploited child as
defined in subdivision one of section four hundred forty-seven-a of  the
social services law, an available long-term safe house, and in the event
the  office  is  unable  to so place the respondent or, discontinues the
placement with the authorized agency, the respondent shall be deemed  to
have  been  placed  with  the office pursuant to paragraph (b) or (c) of
subdivision three of this section. In such cases, the office shall noti-
fy the court, presentment agency, respondent's attorney  and  parent  or
other  person  responsible  for the respondent's care, of the reason for
discontinuing the placement with the authorized agency and the level and
location of the youth's placement.
  5.] If the respondent has committed a felony  the  initial  period  of
placement  shall  not  exceed  eighteen  months.  If  the respondent has
committed a misdemeanor such  initial  period  of  placement  shall  not
exceed  twelve  months.  If the respondent has been in detention pending
disposition, the initial period of placement ordered under this  section
shall be credited with and diminished by the amount of time spent by the
respondent  in  detention  prior  to  the  commencement of the placement
unless the court finds that all or part of such credit would  not  serve
the  needs  and  best  interests  of  the  respondent  or  the  need for
protection of the community.
  [6.] 5. The court may at any time conduct a hearing in accordance with
section 355.1 of this part concerning the need for continuing  a  place-
ment.
  6. IN THE CASE OF A RESPONDENT PLACED PURSUANT TO SUBDIVISION THREE OF
THIS  SECTION,  SHOULD  THE  COURT  DETERMINE THAT PLACEMENT IN A SECURE
FACILITY IS NO LONGER NECESSARY, THE COURT MAY EITHER PLACE THE RESPOND-
ENT IN A LIMITED SECURE FACILITY OR MAY PROCEED TO SCHEDULE A NEW DISPO-
SITIONAL HEARING AND ENTER AN ORDER UNDER SECTION 352.2 OF THIS PART.

S. 2808--B                         75

  7. The place in which or the person with whom the respondent has  been
placed  under  this section shall submit a report to the court, respond-
ent's attorney of record, and presentment agency at  the  conclusion  of
the  placement  period,  except as provided in paragraphs (a) and (b) of
this  subdivision.  Such  report  shall include recommendations and such
supporting data as is appropriate. The  court  may  extend  a  placement
pursuant to section 355.3 of this part.
  (a)  Where  the  respondent  is  placed pursuant to subdivision two or
three of this section and where the agency is not seeking  an  extension
of  the  placement  pursuant  to section 355.3 of this part, such report
shall be submitted not later than thirty days prior to the conclusion of
the placement.
  (b) Where the respondent is placed  pursuant  to  subdivision  two  or
three  of  this  section and where the agency is seeking an extension of
the placement pursuant to section 355.3 of this part  and  a  permanency
hearing  pursuant  to  section  355.5 of this part, such report shall be
submitted not later than sixty days prior  to  the  date  on  which  the
permanency hearing must be held and shall be annexed to the petition for
a permanency hearing and extension of placement.
  (c)  Where  the  respondent  is placed pursuant to subdivision two [or
three] of this section,  such  report  shall  contain  a  plan  for  the
release,  or conditional release (pursuant to section five hundred ten-a
of the executive law), of the respondent to the custody of  his  or  her
parent  or other person legally responsible, to independent living or to
another permanency alternative as provided in paragraph (d) of  subdivi-
sion  seven  of section 355.5 of this part. If the respondent is subject
to article sixty-five of the education law or elects to  participate  in
an educational program leading to a high school diploma, such plan shall
include, but not be limited to, the steps that the agency with which the
respondent  is  placed  has  taken  and will be taking to facilitate the
enrollment of the respondent in a school or educational program  leading
to  a  high school diploma following release, or, if such release occurs
during the summer recess, upon the commencement of the next school term.
If the respondent is not subject to article sixty-five of the  education
law  and does not elect to participate in an educational program leading
to a high school diploma, such plan shall include, but  not  be  limited
to,  the  steps  that the agency with which the respondent is placed has
taken and will be taking to assist the respondent  to  become  gainfully
employed or enrolled in a vocational program following release.
  8.  In  its discretion, the court may recommend restitution or require
services for the public good pursuant to section 353.6 of this  part  in
conjunction with an order of placement.
  9.  If  the  court places a respondent with the office of children and
family services pursuant to this section after finding that  such  child
committed a felony, the court may, in its discretion, further order that
such  respondent shall be confined in a residential facility for a mini-
mum period set by the order, not to exceed six months.
  10. A placement pursuant to this section with the commissioner of  the
local  social  services  district shall not be directed in any detention
facility, but the court may  direct  detention  pending  transfer  to  a
placement  authorized  and  ordered  under this section for no more than
thirty days after the order of placement is made or in  a  city  of  one
million  or  more,  for  no  more  than fifteen days after such order of
placement is made. Such direction shall be subject to extension pursuant
to subdivision three of section three hundred ninety-eight of the social
services law.

S. 2808--B                         76

  S 2. Section 504 of the executive law, the section heading as amended,
subdivisions 1 and 3 as added and such section as renumbered by  chapter
465  of  the laws of 1992 and subdivisions 2 and 4 as amended by chapter
687 of the laws of 1993, is amended to read as follows:
  S 504. [Division]  OFFICE  OF CHILDREN AND FAMILY SERVICES facilities.
1. The [division] OFFICE OF CHILDREN AND  FAMILY  SERVICES,  HEREINAFTER
REFERRED  TO  AS  THE "OFFICE," shall operate and maintain secure[,] AND
limited secure [and non-secure] facilities for the care, custody, treat-
ment, housing, education, rehabilitation and guidance  of  youth  placed
with or committed to the [division] OFFICE.
  2.  Each separate facility may bear the name, designated by the [divi-
sion] OFFICE, of an individual known for outstanding service to youth.
  3. A youth attending a local public school while  in  residence  at  a
[division]  OFFICE  facility  shall  be  deemed a resident of the school
district where the youth's parent or guardian resides at  the  commence-
ment  of  each  school  year for the purpose of determining which school
district shall be responsible for the youth's tuition.
  4. The [division] OFFICE shall  determine  the  particular  [division]
facility [or program] in which a child placed with the [division] OFFICE
shall  be  cared for, based upon an evaluation of such child. [The divi-
sion shall also have authority to  discharge  or  conditionally  release
children  placed  with  it  and to transfer such children from a limited
secure or non-secure facility to any other limited secure or  non-secure
facility,  when  the  interest  of  such  children requires such action;
provided that a child transferred to a non-secure facility from a limit-
ed secure facility may be returned to a limited secure facility  upon  a
determination  by  the division that, for any reason, care and treatment
at the non-secure facility is no longer suitable.]
  S 3. Section 507-a of the executive law, as amended by chapter 465  of
the  laws  of 1992, paragraph (a) of subdivision 1 as amended by chapter
309 of the laws of 1996, is amended to read as follows:
  S 507-a. Placement and commitment WITH  THE  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES;  procedures. 1. Youth may be placed in or committed to
the custody of the [division] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES
HEREINAFTER REFERRED TO AS THE "OFFICE":
  (a)  for  placement,  as  a juvenile delinquent pursuant to the family
court act; or
  (b) for commitment pursuant to the penal law.
  2. (a) Consistent with other provisions of law, only those  youth  who
have  reached the age of seven but who have not reached the age of twen-
ty-one may be placed in, committed to  or  remain  in  the  [division's]
OFFICE'S  custody.  Whenever  it shall appear to the satisfaction of the
[division] OFFICE that any youth placed therewith is not of  proper  age
to  be so placed or is not properly placed, or is mentally or physically
incapable of being materially benefited by the program of the [division]
OFFICE, the [division] OFFICE shall cause the return of  such  youth  to
the county from which placement was made.
  (b)  The  [division] OFFICE shall deliver such youth to the custody of
the placing court, along with the records  provided  to  the  [division]
OFFICE pursuant to section five hundred seven-b of this [article] TITLE,
there  to be dealt with by the court in all respects as though no place-
ment had been made.
  (c) The cost and expense of the care and return of such youth incurred
by the [division] OFFICE shall be reimbursed to the state by the  social
services  district  from  which  such  youth  was  placed  in the manner
provided by section five hundred twenty-nine of this article.

S. 2808--B                         77

  3. The [division] OFFICE may photograph  any  youth  in  its  custody.
Such  photograph  may  be  used only for the purpose of assisting in the
return of conditionally  released  children  and  runaways  pursuant  to
section  five  hundred  ten-b  of this article. Such photograph shall be
destroyed  immediately  upon  the discharge of the youth from [division]
OFFICE custody.
  4. (a) A youth placed with or committed to the [division] OFFICE  may,
immediately  following placement or commitment, be remanded to an appro-
priate detention facility.
  (b) The [division] OFFICE shall admit a child placed with  the  [divi-
sion]  OFFICE to a facility [of the division] within fifteen days of the
date of the order of placement [with the division]  and  shall  admit  a
juvenile  offender  committed to the [division] OFFICE to a facility [of
the division] within ten days of the date of the order of commitment [to
the division, except as provided in section five hundred seven-b of this
article.
  5. Consistent with other provisions of law, in the discretion  of  the
director, youth who attain the age of eighteen while in division custody
may  reside  in  a  non-secure  facility  until  the  age of twenty-one,
provided that such youth attend a full-time  vocational  or  educational
program and are likely to benefit from such program].
  S  4. Section 507-b of the executive law, as amended by chapter 465 of
the laws of 1992, subdivision 4 as added by chapter 687 of the  laws  of
1993, is amended to read as follows:
  S 507-b. Placement  and  commitment  WITH  THE  OFFICE OF CHILDREN AND
FAMILY SERVICES; papers to be furnished. 1.  No placement or  commitment
order  to the [division] OFFICE OF CHILDREN AND FAMILY SERVICES, HEREIN-
AFTER REFERRED TO AS THE "OFFICE," which recites the facts upon which it
was based shall be deemed or held to be invalid by reason of any  imper-
fection or defect in form.
  2.  The  court  shall  immediately notify the [division] OFFICE of the
placement or commitment of any youth therewith.  The orders of the court
and copies of the probation report and  all  other  relevant  evaluative
records  in  the  possession  of  the  court,  detention  facility,  and
probation department related to such youth, including but not limited to
any diagnostic,  educational,  medical,  psychological  and  psychiatric
records, fingerprints, photographs, a certified copy of the sentence and
any  pre-sentence  memoranda filed with the court, where applicable, and
reports relating to assaults or other violent acts, attempts at  suicide
or  escape  by  the  youth shall be delivered together with the youth or
earlier to a person authorized by the director  to  receive  the  child,
notwithstanding any contrary provision of law.
  3.  The  court  shall,  before  placing  or committing any such youth,
inquire into and determine the age of the youth at the time of placement
or commitment, and the youth's age as so determined shall be  stated  in
the  order.   The statement of the age of such youth in such order shall
be conclusive evidence as to such age in any action to  recover  damages
for allegedly unlawful detention under such order, and shall be presump-
tive  evidence thereof in any other inquiry, action or proceeding relat-
ing to such detention.
  [4. Notwithstanding the time  frames  provided  in  paragraph  (b)  of
subdivision  four  of  section five hundred seven-a of this article, the
division may delay acceptance of a youth  placed  or  committed  to  the
division  in  accordance  with division regulations promulgated prior to
the effective date of this subdivision.]
  S 5. This act shall take effect April 1, 2012.

S. 2808--B                         78

                                 PART BB

  Section  1.  Section 507-a of the executive law is amended by adding a
new subdivision 6 to read as follows:
  6. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE  AN  ELEC-
TRONIC WEEKLY REPORT TO THE LEGISLATURE INCLUDING THE FOLLOWING INFORMA-
TION FOR EACH FACILITY OPERATED BY SUCH OFFICE:
  (A) BUDGETED CAPACITY;
  (B) AVAILABLE CAPACITY;
  (C) POPULATION;
  (D) TEMPORARY ABSENCES;
  (E) TOTAL YOUTH;
  (F) TEMPORARY BEDS;
  (G) VACANCIES (-)/OVERAGE; AND
  (H)  THE  NUMBER  OF  YOUTH  IN THE CUSTODY OF SUCH OFFICE WHO ARE NOT
RESIDING IN A FACILITY OPERATED BY SUCH OFFICE.
  S 2. This act shall take effect April 1, 2011.

                                 PART CC

  Section 1. Subdivision 1 of section 131-a of the social services  law,
as  amended  by section 12 of part B of chapter 436 of the laws of 1997,
is amended to read as follows:
  1. Any inconsistent provision of this chapter or  other  law  notwith-
standing,  social  services  officials  shall,  in  accordance  with the
provisions of this section and regulations of  the  department,  provide
public  assistance  to  needy persons who constitute or are members of a
family household, who are determined to be eligible in  accordance  with
standards  of  need  established  in  subdivision  two  OF THIS SECTION.
Provision for such persons, for all items of need,  less  any  available
income  or  resources  which are not required to be disregarded by other
provisions of this chapter,  shall  be  made  in  accordance  with  this
section.  Such provision shall be made in monthly or semi-monthly allow-
ances and grants within the limits of the schedules included in subdivi-
sion three of this section, except for additional amounts which shall be
included therein for shelter, fuel for heating, additional cost of meals
for persons who are unable to prepare meals at home, and for other items
for which specific provision is otherwise made in article five  OF  THIS
CHAPTER,  AND EXCEPT THAT, WHERE A HOUSEHOLD IS LIVING TOGETHER WITH ONE
OR MORE PERSONS IN RECEIPT OF SUPPLEMENTAL SECURITY INCOME WHO ARE CLAS-
SIFIED BY THE FEDERAL SOCIAL SECURITY ADMINISTRATION  AS  LIVING  ALONE,
THE  AMOUNT  IN  SUCH SCHEDULE SHALL BE APPORTIONED PRO RATA. As used in
this section the term "shelter" may include a grant not  to  exceed  two
thousand  five  hundred  dollars toward the purchase of an interest in a
cooperative. A social services  official  shall  require  assignment  of
recipient's  equity  in  such cooperative housing in accordance with the
rules of the board and regulations of the department.
  S 2. This act shall take effect April  1,  2011  and  shall  apply  to
grants paid on and after October 1, 2011.

                                 PART DD

  Section  1.  Subdivision 10 of section 159 of the social services law,
as amended by chapter 713 of the laws of 2005, is  amended  to  read  as
follows:

S. 2808--B                         79

  10.  Social services [district] DISTRICTS providing safety net assist-
ance to persons receiving care as defined in paragraphs (c), (d) and (e)
of subdivision three of section two hundred nine of [the social services
law] THIS ARTICLE shall pay such facility at the rate provided for  care
and maintenance under the supplemental security income program for bene-
ficiaries  of  that program in the same facility, less the amount of any
personal needs allowance included in the supplemental security  program.
In  addition,  social  services  districts  shall  provide  such persons
receiving safety net assistance with a personal needs allowance  in  the
amount included in the supplemental security payment level as a personal
needs  allowance  for recipients of that program residing in the partic-
ular facility; EXCEPT THAT THEY SHALL PROVIDE SUCH PERSONS RESIDING IN A
RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM OR  COMMUNITY  RESIDENTIAL
FACILITY  FOR  ALCOHOLISM,  AS  THOSE TERMS ARE USED IN PARAGRAPH (D) OF
SUBDIVISION THREE OF SECTION TWO HUNDRED NINE OF THIS  ARTICLE,  WITH  A
PERSONAL NEEDS ALLOWANCE OF FORTY-FIVE DOLLARS PER MONTH.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2011.

                                 PART EE

  Section 1. Subdivisions 2, 3, 7 and 8 of section 3012-c of the  educa-
tion  law,  as  added by chapter 103 of the laws of 2010, are amended to
read as follows:
  2. a. The annual professional performance reviews  conducted  pursuant
to  this  section  for  classroom teachers and building principals shall
differentiate teacher and principal effectiveness  using  the  following
quality  rating  categories: highly effective, effective, developing and
ineffective, with explicit minimum and maximum scoring ranges  for  each
category,  as  prescribed  in  the regulations of the commissioner. Such
annual professional performance reviews shall result in a single compos-
ite teacher or principal effectiveness score, which incorporates  multi-
ple  measures  of  effectiveness related to the criteria included in the
regulations of the commissioner. Except for the student growth  measures
prescribed  in  paragraphs  e, f and g of this subdivision, the elements
comprising the composite effectiveness score shall be locally developed,
consistent with the standards  prescribed  in  the  regulations  of  the
commissioner,  through  negotiations conducted, pursuant to the require-
ments of article fourteen of the civil service law.
  b.  Annual  professional  performance  reviews  conducted  by   school
districts  on  or  after  July  first,  two thousand eleven of classroom
teachers of common branch subjects or English language arts or mathemat-
ics in grades four to eight and all building principals  of  schools  in
which  such  teachers  are  employed shall be conducted pursuant to this
subdivision and shall use two thousand ten--two thousand  eleven  school
year  student  data  as  the baseline for the initial computation of the
composite teacher or principal effectiveness score  for  such  classroom
teachers and principals.
  c.   Annual  professional  performance  reviews  conducted  by  school
districts or boards of cooperative educational services on or after July
first, two thousand [twelve] ELEVEN of all classroom  teachers  and  all
building  principals shall be conducted pursuant to this subdivision and
shall use two thousand [eleven] TEN--two thousand [twelve] ELEVEN school
year student data as the baseline for the  initial  computation  of  the
composite  teacher  or  principal effectiveness score for such classroom
teachers and principals. For purposes of this section, an  administrator

S. 2808--B                         80

in  charge  of an instructional program of a board of cooperative educa-
tional services shall be deemed to be a building principal.
  d.  Prior  to  any  evaluation being conducted in accordance with this
section, each individual who is responsible for conducting an evaluation
of a teacher or building principal shall receive appropriate training in
accordance with the regulations of the commissioner of education.
  e. For annual professional performance reviews conducted in accordance
with paragraph b of this subdivision in  the  two  thousand  eleven--two
thousand  twelve  school  year,  forty percent of the composite score of
effectiveness shall be based on student achievement measures as follows:
(i) twenty percent of the evaluation shall be based upon student  growth
data  on state assessments as prescribed by the commissioner or a compa-
rable measure of student growth if such growth data  is  not  available;
and  (ii)  twenty percent shall be based on other locally selected meas-
ures of student achievement that  are  determined  to  be  rigorous  and
comparable  across  classrooms in accordance with the regulations of the
commissioner and as are developed locally in a  manner  consistent  with
procedures  negotiated  pursuant to the requirements of article fourteen
of the civil service law.
  f. For annual professional performance reviews conducted in accordance
with paragraph c of this subdivision in any school  year  prior  to  the
first  school  year for which the board of regents has approved use of a
value-added growth model, but not earlier than the two thousand [twelve]
ELEVEN--two thousand [thirteen] TWELVE school year, forty percent of the
composite score of effectiveness shall be based on  student  achievement
measures as follows: (i) twenty percent of the evaluation shall be based
upon  student  growth  data  on  state  assessments as prescribed by the
commissioner or a comparable measure of student growth  if  such  growth
data  is  not available; and (ii) twenty percent shall be based on other
locally selected measures of student achievement that are determined  to
be  rigorous  and  comparable  across  classrooms in accordance with the
regulations of the commissioner and as are developed locally in a manner
consistent with procedures negotiated pursuant to  the  requirements  of
article fourteen of the civil service law.
  g. For annual professional performance reviews conducted in accordance
with  paragraph c of this subdivision in the first school year for which
the board of regents has approved use of a value-added growth model  and
thereafter,  forty percent of the composite score of effectiveness shall
be based on student achievement measures  as  follows:  (i)  twenty-five
percent  of  the  evaluation  shall be based upon student growth data on
state assessments as prescribed by  the  commissioner  or  a  comparable
measure of student growth if such growth data is not available; and (ii)
fifteen  percent  shall  be  based on other locally selected measures of
student achievement that are determined to be  rigorous  and  comparable
across classrooms in accordance with the regulations of the commissioner
and  as  are  locally  developed  in a manner consistent with procedures
negotiated pursuant to the requirements of article fourteen of the civil
service law. The department shall develop the value-added  growth  model
and  shall  consult  with the advisory committee established pursuant to
subdivision seven of this section prior to recommending that  the  board
of regents approve its use in evaluations.
  h. The remaining percent of the evaluations, ratings and effectiveness
scores  shall  be  locally  developed,  consistent  with  the  standards
prescribed in the regulations of the commissioner, through  negotiations
conducted pursuant to article fourteen of the civil service law.

S. 2808--B                         81

  i.  For  purposes  of this section, student growth means the change in
student achievement for an individual student between two or more points
in time.
  3.  Nothing  in  this  section  shall  be  construed  to excuse school
districts or boards of cooperative educational services  from  complying
with  the standards set forth in the regulations of the commissioner for
conducting annual professional performance reviews of classroom teachers
or principals, including but not  limited  to  required  quality  rating
categories,  in conducting evaluations prior to July first, two thousand
eleven, [or] AND, for classroom teachers or principals subject to  para-
graph  c  of  subdivision  two of this section, prior to July first, two
thousand [twelve] ELEVEN.
  7. The regulations adopted pursuant to this section shall be developed
in consultation with an advisory committee consisting of representatives
of teachers, principals,  superintendents  of  schools,  school  boards,
school  district and board of cooperative educational services officials
and other interested parties.  The  regulations  shall  also  take  into
account  any  (i)  professional  teaching  standards; (ii) standards for
professional contexts; and (iii) standards for  a  continuum  of  system
support  for  teachers and principals developed in consultation with the
advisory committee. Regulations promulgated  pursuant  to  this  section
shall  be effective no later than [July] MAY first, two thousand eleven,
for implementation in  the  two  thousand  eleven--two  thousand  twelve
school year.
  8.  Notwithstanding  any other provision of law, rule or regulation to
the contrary, all collective bargaining agreements applicable to  class-
room  teachers or building principals entered into after July first, two
thousand ten shall be consistent  with  requirements  of  this  section.
Nothing  in  this section shall be construed to abrogate any conflicting
provisions of any collective bargaining  agreement  in  effect  on  July
first,  two thousand ten during the term of such agreement and until the
entry into a successor collective bargaining  agreement,  provided  that
notwithstanding any other provision of law to the contrary, upon expira-
tion  of  such term and the entry into a successor collective bargaining
agreement the provisions of this  section  shall  apply.    Furthermore,
nothing  in  this section or in any rule or regulation promulgated here-
under shall in any way, alter, impair or diminish the rights of a  local
collective  bargaining representative to negotiate evaluation procedures
in accordance with article fourteen of the civil service  law  with  the
school  district  or board of cooperative educational services; PROVIDED
HOWEVER SHOULD A SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  AND A LOCAL COLLECTIVE BARGAINING REPRESENTATIVE FAIL TO AGREE
TO NEW EVALUATION PROCEDURES NO LATER THAN ONE HUNDRED EIGHTY DAYS PRIOR
TO THE START OF THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR
AND SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL BE REFERRED TO THE  PUBLIC
EMPLOYMENT  RELATIONS  BOARD FOR ARBITRATION. WITHIN TWO DAYS OF RECEIPT
OF NOTIFICATION FROM THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE  EDUCA-
TIONAL  SERVICES  OR THE LOCAL COLLECTIVE BARGAINING REPRESENTATIVE, THE
BOARD SHALL SUBMIT TO THE PARTIES A  LIST  OF  QUALIFIED,  DISINTERESTED
PERSONS  FOR  THE  SELECTION  OF  A  SINGLE ARBITRATOR. EACH PARTY SHALL
ALTERNATELY STRIKE FROM THE LIST ONE OF THE  NAMES  WITH  THE  ORDER  OF
STRIKING  DETERMINED  BY  LOT,  UNTIL  THE REMAINING ONE PERSON SHALL BE
DESIGNATED TO HEAR THE MATTER. THIS PROCESS SHALL  BE  COMPLETED  WITHIN
ONE  DAY  OF RECEIPT OF THIS LIST. THE PARTIES SHALL NOTIFY THE BOARD OF
THE DESIGNATED ARBITRATOR. THE ARBITRATION SHALL BE COMMENCED  NO  LATER
THAN SEVEN DAYS AND COMPLETED NO LATER THAN THIRTY DAYS FROM THE DATE OF

S. 2808--B                         82

THE  NOTIFICATION  OF  THE BOARD PROVIDED THAT NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, RULE OR REGULATION TO THE  CONTRARY,  NO  ADJOURNMENTS
MAY  BE  GRANTED  THAT  WOULD  EXTEND THE ARBITRATION BEYOND SUCH THIRTY
DAYS.    THE ARBITRATOR SHALL ISSUE A DECISION TO THE PARTIES WITHIN TEN
DAYS UPON COMPLETION OF THE HEARING. SAID DECISION SHALL  BE  FINAL  AND
BINDING ON THE RESPECTIVE PARTIES FOR THE TWO THOUSAND ELEVEN--TWO THOU-
SAND  TWELVE  SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS AND NOT SUBJECT TO
JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-FIVE OF THE  CIVIL  PRACTICE
LAW  AND  RULES  OR  ANY  OTHER  LAW, RULE OR REGULATION. THE RESPECTIVE
PARTIES SHALL EQUALLY SHARE THE COST OF  THE  ARBITRATOR.    SHOULD  THE
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND A LOCAL
COLLECTIVE  BARGAINING  REPRESENTATIVE  FAIL  TO AGREE TO NEW EVALUATION
PROCEDURES PURSUANT TO ARTICLE FOURTEEN OF  THE  CIVIL  SERVICE  LAW  NO
LATER THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE START OF EACH SUCCESSIVE
SCHOOL  YEAR,  THE  PUBLIC ARBITRATION PROCESS SET FORTH IN THIS SECTION
SHALL APPLY FOR EACH SUCCESSIVE SCHOOL YEAR FOR WHICH THERE IS NO AGREED
TO EVALUATION PROCESS.
  S 2. Intentionally omitted.
  S 3. The section heading of section 2588  of  the  education  law,  as
added by chapter 521 of the laws of 1976, is amended to read as follows:
  Seniority, retention and displacement rights in connection with aboli-
tion  of positions in city school districts of cities having [more than]
one million inhabitants OR MORE.
  S 4. Subdivision 3 of section 2588 of the education  law  is  REPEALED
and a new subdivision 3 is added to read as follows:
  3.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES'  COLLECTIVE
BARGAINING  AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE  PURSUANT  TO
THE  REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH
LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT  AN  EMPLOYEE'S  LENGTH  OF
SERVICE  TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS
ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL  BE
LAID  OFF;  PROVIDED,  HOWEVER,  THAT ANY CONSIDERATION OF AN EMPLOYEE'S
LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND  THAT  ANY  SUCH
LOCALLY  ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO  BE  ABOLISHED
AND  WHICH  PERSONS  OCCUPYING  SUCH  POSITIONS  SHALL  BE LAID OFF; AND
PROVIDED FURTHER THAT ANY SUCH LOCALLY ESTABLISHED PROCESS  MUST  ENSURE
THAT  HIGH  QUALITY  TEACHERS  IN HIGH-NEED SCHOOLS ARE NOT LAID OFF AND
THAT HIGH-NEED SCHOOLS DO NOT BEAR A DISPROPORTIONATE SHARE OF WORKFORCE
REDUCTIONS PURSUANT TO A  CITYWIDE  LAYOFF;  PROVIDED  HOWEVER,  NOTHING
SHALL PROHIBIT THE CITY SCHOOL DISTRICT FROM ABOLISHING ALL POSITIONS IN
A  LICENSE  AREA  PURSUANT  TO  SUBPARAGRAPH (IV) OF THIS PARAGRAPH. FOR
PURPOSES OF THIS SECTION, A HIGH-NEED  SCHOOL  SHALL  BE  DEFINED  AS  A
SCHOOL  IN  WHICH  AT  LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE
ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE  LUNCH  PROGRAM.  FOR
POSITIONS  COVERED  BY  SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER,
ANY SUCH LOCALLY DEVELOPED PROCESS SHALL BE SIGNIFICANTLY BASED  ON  THE
ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW  FOR  TEACHERS AND SUPERVISORS
PURSUANT TO SECTION THREE THOUSAND TWELVE-C  OF  THIS  CHAPTER  AND  ITS
IMPLEMENTING  REGULATIONS.  UNTIL  AND  UNLESS  SUCH  A PROCESS HAS BEEN
ESTABLISHED AT LEAST NINETY DAYS BEFORE THE EFFECTIVE DATE OF  ANY  SUCH
ABOLISHMENT  OR  REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE

S. 2808--B                         83

FOR THE TWO  THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR,  THE
FOLLOWING SHALL APPLY:
  (I)  THE  FOLLOWING TEACHERS OR SUPERVISORS SHALL BE LAID OFF PRIOR TO
ANY OTHER TEACHERS OR SUPERVISORS:
  (A) ANY TEACHER OR SUPERVISOR WHO RECEIVED TWO RATINGS OF "UNSATISFAC-
TORY" ON HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW IN  THE  LAST
FIVE SCHOOL YEARS;
  (B)  ANY TEACHER OR SUPERVISOR WHO RECEIVED ONE RATING OF "UNSATISFAC-
TORY" ON HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW  IN  THE  TWO
THOUSAND NINE--TWO THOUSAND TEN OR TWO THOUSAND TEN--TWO THOUSAND ELEVEN
SCHOOL YEAR;
  (C)  ANY  TEACHER  OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE,
WHO WITHIN THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED  WITHOUT  PAY
AS A PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
CHAPTER  OR  AS  A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER;
  (D) ANY TEACHER OR SUPERVISOR NOT CURRENTLY  APPOINTED  TO  A  REGULAR
POSITION IN A SCHOOL FOR A PERIOD OF SIX MONTHS OR MORE AS OF THE EFFEC-
TIVE DATE OF ANY CITYWIDE LAYOFF PURSUANT TO THIS SECTION;
  (E)  ANY  TEACHER  OR  SUPERVISOR  CONVICTED  OF A QUALIFYING CRIMINAL
OFFENSE IN THE PAST FIVE YEARS AND SINCE BEING APPOINTED AS A TEACHER OR
SUPERVISOR. "QUALIFYING CRIMINAL OFFENSE" SHALL MEAN:
  (1) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY  CLASS  B  MISDEMEANOR
UNDER  ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIR-
TY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED  TWENTY,
TWO  HUNDRED  THIRTY,  TWO  HUNDRED  FORTY-FIVE,  TWO HUNDRED SIXTY, TWO
HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE  PENAL  LAW,  OR  A
FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEV-
EN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, OR
  (2)  ANY  OFFENSE  IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A
TERM OF IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED
AND IS AUTHORIZED IN THIS STATE IRRESPECTIVE OF  WHETHER  SUCH  SENTENCE
WAS IMPOSED, OR
  (3)  ANY  OFFENSE  IN  ANY  OTHER JURISDICTION THE COMMISSION OF WHICH
CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTICLE  ONE
HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED
FORTY,  ONE  HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED THIRTY,
TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO  HUNDRED  SIXTY-THREE  OR
TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR MISDEMEANOR UNDER
SECTIONS  ELEVEN  HUNDRED  NINETY-TWO AND ELEVEN HUNDRED NINETY-THREE OF
THE VEHICLE AND TRAFFIC LAW;
  (F) ANY TEACHER OR SUPERVISOR, IF THE PERSON IS  A  TENURED  EMPLOYEE,
WHO  WITHIN  THE  LAST  FIVE  YEARS  HAS BEEN FINED AS A PENALTY IMPOSED
PURSUANT TO CHARGES RELATED TO CHRONIC ABSENTEEISM, CHRONIC LATENESS, OR
IMPROPER USE OR RECORDING OF LEAVE TIME OR AS A RESULT OF SETTLEMENT  OF
CHARGES  BROUGHT  PURSUANT  TO  CHARGES  RELATED TO CHRONIC ABSENTEEISM,
CHRONIC LATENESS OR IMPROPER USE OR RECORDING OF LEAVE TIME;
  (G) ANY TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS  WAS  THE
SUBJECT  OF  AN  INVESTIGATION  WHERE  ALLEGATIONS  OF  MISCONDUCT  WERE
SUBSTANTIATED BY THE CITY  SCHOOL  DISTRICT'S  SPECIAL  COMMISSIONER  OF
INVESTIGATION,  THE  CITY  SCHOOL  DISTRICT'S OFFICE OF SPECIAL INVESTI-
GATIONS OR THE CITY SCHOOL DISTRICT'S OFFICE OF EQUAL OPPORTUNITY; AND
  (H) ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL  ALL  REQUIRE-
MENTS FOR CERTIFICATION FROM THE DEPARTMENT AS OF AUGUST THIRTY-FIRST OF
THE YEAR IN WHICH THERE IS A CITYWIDE LAYOFF;

S. 2808--B                         84

  (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE  CONTRARY,  IN  THE  CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING  OR  SUPERVISORY
EMPLOYEES  THAT  ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
GRAPH  IS  GREATER  THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOL-
ISHED OR REDUCED AS A RESULT OF A CITYWIDE  LAYOFF,  THEN  THE  DECISION
CONCERNING  WHICH POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCU-
PYING SUCH POSITIONS ARE TO BE LAID OFF, SHALL  BE  MADE  IN  ACCORDANCE
WITH THIS SUBPARAGRAPH.
  THE  FOLLOWING  PROTOCOL  SHALL BE USED UNTIL SUCH TIME THAT THE TOTAL
NUMBER OF EMPLOYEES IDENTIFIED IS EQUAL TO THE TOTAL NUMBER OF  TEACHING
OR  SUPERVISORY  POSITIONS  ABOLISHED. FOR PURPOSES OF THE PROTOCOL, THE
CATEGORIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), AND  (H)
OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE RANKED ALPHABETICALLY (A)
THROUGH  (H), PROVIDED THAT (A) SHALL BE RANKED THE HIGHEST PRIORITY AND
(H) SHALL BE RANKED THE LOWEST PRIORITY. THE PROTOCOL  SHALL  BE  ESTAB-
LISHED AS FOLLOWS:
  (A)  TEACHERS  OR SUPERVISORS WHO FALL WITHIN ALL EIGHT OF THE CATEGO-
RIES LISTED AS CLAUSES (A), (B), (C), (D), (E),  (F),  (G)  AND  (H)  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE EIGHT CATEGORIES;
  (B)  TEACHERS  OR  SUPERVISORS WHO FALL WITHIN SEVEN OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF  SUBPARA-
GRAPH  (I)  OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE SEVEN CATEGORIES;
  (C) TEACHERS OR SUPERVISORS WHO FALL  WITHIN  SIX  OF  THE  CATEGORIES
LISTED  AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK  PRIORITY  OF
THOSE SIX CATEGORIES;
  (D)  TEACHERS  OR  SUPERVISORS  WHO FALL WITHIN FIVE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF  SUBPARA-
GRAPH  (I)  OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE FIVE CATEGORIES;
  (E) TEACHERS OR SUPERVISORS WHO FALL WITHIN  FOUR  OF  THE  CATEGORIES
LISTED  AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK  PRIORITY  OF
THOSE FOUR CATEGORIES;
  (F)  TEACHERS  OR  SUPERVISORS WHO FALL WITHIN THREE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF  SUBPARA-
GRAPH  (I)  OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE THREE CATEGORIES;
  (G) TEACHERS OR SUPERVISORS WHO FALL  WITHIN  TWO  OF  THE  CATEGORIES
LISTED  AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK  PRIORITY  OF
THOSE TWO CATEGORIES;
  (H)  TEACHERS  OR SUPERVISORS WHO RECEIVED TWO RATINGS OF "UNSATISFAC-
TORY" IN ANY OF THE LAST FIVE SCHOOL YEARS ON THEIR ANNUAL  PROFESSIONAL
PERFORMANCE REVIEW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED
THAN  THERE  ARE  PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
FOLLOWING ORDER:
  (1) A TEACHER OR SUPERVISOR WITH THE HIGHEST NUMBER OF  UNSATISFACTORY
RATINGS IN THE LAST FIVE YEARS; AND
  (2)  A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED IN
THE MOST RECENT YEAR OR YEARS;
  (I) A TEACHER OR SUPERVISOR WHO RECEIVED AN UNSATISFACTORY  RATING  IN
EITHER  THE TWO THOUSAND NINE--TWO THOUSAND TEN OR TWO THOUSAND TEN--TWO

S. 2808--B                         85

THOUSAND ELEVEN SCHOOL YEAR, HOWEVER THAT IF FEWER LAYOFFS ARE  REQUIRED
THAN  THERE  ARE  PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
FOLLOWING ORDER:
  (1)  A  TEACHER  OR SUPERVISOR WITH UNSATISFACTORY RATINGS IN BOTH TWO
THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
EN; AND
  (2) A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED  IN
THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR;
  (J)  ANY  TEACHER  OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE,
WHO WITHIN THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED  WITHOUT  PAY
AS A PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
CHAPTER  OR  AS  A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER; PROVIDED, HOWEVER  THAT
IF  FEWER  LAYOFFS  ARE REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY
PERSONS SHALL BE LAID OFF IN ORDER OF THE MOST RECENT DISPOSITION;
  (K) ANY TEACHER OR SUPERVISOR WITH A CURRENT STATUS AS  A  TEACHER  OR
SUPERVISOR NOT APPOINTED TO A PERMANENT POSITION IN A SCHOOL FOR A PERI-
OD OF SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
PURSUANT  TO  THIS  SECTION; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE  DONE
IN  ORDER  OF  PERSONS  WHO HAVE BEEN WITHOUT AN APPOINTED POSITION TO A
SCHOOL THE LONGEST PERIOD OF TIME;
  (L) ANY TEACHER OR  SUPERVISOR  CONVICTED  OF  A  QUALIFYING  CRIMINAL
OFFENSE IN THE PAST FIVE YEARS AND SINCE BEING APPOINTED AS A TEACHER OR
SUPERVISOR.  "QUALIFYING CRIMINAL OFFENSE" SHALL MEAN:
  (1)  ANY  FELONY,  ANY CLASS A MISDEMEANOR, OR ANY CLASS B MISDEMEANOR
UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED  THIR-
TY-FIVE,  ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY,
TWO HUNDRED THIRTY, TWO  HUNDRED  FORTY-FIVE,  TWO  HUNDRED  SIXTY,  TWO
HUNDRED  SIXTY-THREE  OR  TWO  HUNDRED  SIXTY-FIVE OF THE PENAL LAW OR A
FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEV-
EN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, OR
  (2) ANY OFFENSE IN ANY OTHER JURISDICTION FOR WHICH A  SENTENCE  TO  A
TERM OF IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED
AND  IS  AUTHORIZED  IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE
WAS IMPOSED, OR
  (3) ANY OFFENSE IN ANY OTHER  JURISDICTION  THE  COMMISSION  OF  WHICH
CONSTITUTES  THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTICLE ONE
HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED
FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO  HUNDRED  THIRTY,
TWO  HUNDRED  FORTY-FIVE,  TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE OR
TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR MISDEMEANOR UNDER
SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN  HUNDRED  NINETY-THREE  OF
THE VEHICLE AND TRAFFIC LAW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
REQUIRED  THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE
IN THE FOLLOWING ORDER:
  I. A TEACHER OR SUPERVISOR CONVICTED OF A  FELONY  IN  THE  LAST  FIVE
YEARS AND SINCE BEING APPOINTED AS A TEACHER OR SUPERVISOR, WITH LAYOFFS
DONE  BASED  UPON  THE  CHRONOLOGICAL  ORDER  OF THE DATE OF CONVICTION,
BEGINNING WITH THE MOST RECENT; AND
  II. A TEACHER OR SUPERVISOR CONVICTED OF A CLASS A MISDEMEANOR IN  THE
LAST  FIVE  YEARS  AND SINCE BEING APPOINTED AS A TEACHER OR SUPERVISOR,
WITH LAYOFFS DONE BASED UPON THE CHRONOLOGICAL  ORDER  OF  THE  DATE  OF
CONVICTION, BEGINNING WITH THE MOST RECENT; AND
  III.  A  TEACHER  OR  SUPERVISOR  CONVICTED IN THE LAST FIVE YEARS AND
SINCE BEING APPOINTED AS A TEACHER OR SUPERVISOR OF A CLASS B  MISDEMEA-

S. 2808--B                         86

NOR  UNDER  ARTICLE  ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED
THIRTY-FIVE, ONE HUNDRED FORTY,  ONE  HUNDRED  FIFTY-FIVE,  TWO  HUNDRED
TWENTY,  TWO  HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY,
TWO  HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A
MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN  HUNDRED
NINETY-THREE  OF  THE  VEHICLE  AND TRAFFIC LAW, WITH LAYOFFS DONE BASED
UPON THE CHRONOLOGICAL ORDER OF THE DATE OF CONVICTION,  BEGINNING  WITH
THE MOST RECENT;
  (M)  ANY TEACHER OR SUPERVISOR WHO HAS RECEIVED A FINE AS A PENALTY OR
AS PART OF A STIPULATION IN SETTLEMENT OF CHARGES OF CHRONIC ABSENTEEISM
OR LATENESS, OR IMPROPER USE  OR  RECORDING  OF  LEAVE  TIME;  PROVIDED,
HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PEOPLE IN THIS
CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT DISPOSITION;
  (N)  ANY  TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE
SUBJECT  OF  AN  INVESTIGATION  WHERE  ALLEGATIONS  OF  MISCONDUCT  WERE
SUBSTANTIATED  BY  THE  CITY  SCHOOL  DISTRICT'S SPECIAL COMMISSIONER OF
INVESTIGATION, THE CITY SCHOOL DISTRICT'S  OFFICE  OF  SPECIAL  INVESTI-
GATIONS  OR  THE  CITY  SCHOOL  DISTRICT'S  OFFICE OF EQUAL OPPORTUNITY,
PROVIDED HOWEVER IF THERE ARE FEWER LAYOFFS THAN THERE  ARE  PERSONS  IN
THIS  CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT INVES-
TIGATION OF SUBSTANTIATED ALLEGATIONS; AND
  (O) ANY TEACHER OR SUPERVISOR  WHO  HAS  FAILED  TO  FULFILL  ALL  THE
REQUIREMENTS  FOR  STATE  CERTIFICATION AS OF AUGUST THIRTY-FIRST OF THE
SCHOOL YEAR IN WHICH THERE IS A CITYWIDE  LAYOFF,  PROVIDED  HOWEVER  IF
THERE  ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN THIS CATEGORY, TEACH-
ERS WHO HAVE BEEN WITHOUT FULL CERTIFICATION  FROM  THE  DEPARTMENT  THE
LONGEST SHALL BE LAID OFF FIRST.
  (III)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR  SUPERVISORY
POSITIONS  THAT  ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF  THIS  PARA-
GRAPH  IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOLISHED
OR REDUCED, THE DECISION CONCERNING WHICH ADDITIONAL POSITIONS ARE TO BE
ABOLISHED, AND WHICH PERSONS OCCUPYING SUCH POSITIONS  ARE  TO  BE  LAID
OFF, SHALL BE MADE IN ACCORDANCE WITH THIS SUBPARAGRAPH.  UPON NOTIFICA-
TION  BY  THE  CITY  SCHOOL  DISTRICT OF THE PUBLIC EMPLOYMENT RELATIONS
BOARD, THE MATTER OF HOW ADDITIONAL LAYOFFS SHALL BE  EFFECTUATED  SHALL
BE  REFERRED  TO ARBITRATION. WITHIN TWO DAYS OF RECEIPT OF THE PETITION
THE BOARD SHALL SUBMIT TO THE PARTIES A LIST OF QUALIFIED, DISINTERESTED
PERSONS FOR THE SELECTION OF  A  SINGLE  ARBITRATOR.  EACH  PARTY  SHALL
ALTERNATELY  STRIKE  FROM  THE  LIST  ONE OF THE NAMES WITH THE ORDER OF
STRIKING DETERMINED BY LOT, UNTIL THE  REMAINING  ONE  PERSON  SHALL  BE
DESIGNATED  TO  HEAR  THE MATTER. THIS PROCESS SHALL BE COMPLETED WITHIN
ONE DAY OF RECEIPT OF THIS LIST. THE PARTIES SHALL NOTIFY THE  BOARD  OF
THE  DESIGNATED ARBITRATOR.  THE ARBITRATION SHALL BE COMMENCED NO LATER
THAN SEVEN DAYS AND COMPLETED NO LATER THAN THIRTY DAYS OF THE DATE  THE
PARTIES  NOTIFIED  THE  BOARD  OF  THE  DESIGNATION  OF  THE ARBITRATOR,
PROVIDED THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGU-
LATION TO THE CONTRARY, NO ADJOURNMENTS MAY BE GRANTED THAT WOULD EXTEND
THE  ARBITRATION  BEYOND SUCH THIRTY DAYS.  THE ARBITRATOR SHALL ISSUE A
DECISION TO THE PARTIES WITHIN TEN DAYS OF COMPLETION  OF  THE  HEARING.
SAID  DECISION  SHALL BE FINAL AND BINDING ON THE RESPECTIVE PARTIES AND
NOT SUBJECT TO JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-FIVE  OF  THE
CIVIL  PRACTICE LAW AND RULES OR ANY OTHER LAW, RULE OR REGULATION. EACH
OF THE RESPECTIVE PARTIES SHALL EQUALLY SHARE THE COST OF  THE  ARBITRA-
TOR.  ANY DECISION ISSUED PURSUANT TO THIS SUBPARAGRAPH SHALL NOT PERMIT

S. 2808--B                         87

AN  EMPLOYEE'S  LENGTH  OF SERVICE TO BE THE SOLE FACTOR IN ANY DECISION
REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS  OCCUPY-
ING  SUCH  POSITIONS  SHALL  BE  LAID  OFF;  PROVIDED, HOWEVER, THAT ANY
CONSIDERATION  OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE
AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE  LAID  OFF
OCCUPYING  SUCH  POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL
TO AN EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A  FACTOR
IN  ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND PROVIDED FURTHER
THAT ANY DECISION MUST ENSURE THAT IN A HIGH-NEED SCHOOL THE  NUMBER  OF
STAFF  LAID OFF SHALL NOT EXCEED THE PERCENTAGE OF THE OVERALL NUMBER OF
POSITIONS IN THE SCHOOL THAT REPRESENTS HALF OF THE  AVERAGE  PERCENTAGE
OF  STAFF  LAID  OFF  CITYWIDE; PROVIDED HOWEVER, SAID PERCENTAGE MAY BE
EXCEEDED WHERE THE CITY SCHOOL DISTRICT CHOOSES TO ABOLISH ALL POSITIONS
IN A LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH.  SAID
PERCENTAGES  SHALL  BE  CALCULATED EXCLUDING ANY TEACHERS OR SUPERVISORS
LAID OFF PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS  PARAGRAPH.  FOR
PURPOSES  OF  THIS  SECTION,  A  HIGH-NEED  SCHOOL SHALL BE DEFINED AS A
SCHOOL IN WHICH AT LEAST NINETY PERCENT OF  THE  ENROLLED  STUDENTS  ARE
ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
  (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ANY LOCALLY DEVELOPED PROCESS PURSUANT TO THE REQUIREMENTS
OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, AND DECISION ISSUED PURSU-
ANT  TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, OR THE LAYOFFS EFFECTUATED
PURSUANT TO SUBPARAGRAPH (V) OF THIS PARAGRAPH, THE CITY SCHOOL DISTRICT
SHALL NOT BE PROHIBITED FROM  ABOLISHING  ALL  POSITIONS  IN  AN  ENTIRE
LICENSE AREA.
  (V)  SHOULD  THE  CITY  SCHOOL  DISTRICT AND ITS COLLECTIVE BARGAINING
AGENTS FAIL TO  ESTABLISH  A  PROCEDURE  GOVERNING  THE  ABOLISHMENT  OR
REDUCTION  OF  TEACHING  OR  SUPERVISORY  POSITIONS CITYWIDE PURSUANT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW  NO  LATER  THAN  NINETY  DAYS
PRIOR  TO THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND
SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL BE  SUBMITTED  TO  ARBITRATION
PURSUANT  TO  THE  PROCEDURES  IN SUBPARAGRAPH (III) OF PARAGRAPH (A) OF
SUBDIVISION THREE OF THIS SECTION. ANY DECISION ISSUED PURSUANT TO  THIS
SUBPARAGRAPH  SHALL  BE  SIGNIFICANTLY  BASED ON THE ANNUAL PROFESSIONAL
PERFORMANCE REVIEW FOR THE PRECEDING SCHOOL  YEAR  PURSUANT  TO  SECTION
THREE  THOUSAND TWELVE-C OF THIS CHAPTER AND SHALL NOT PERMIT AN EMPLOY-
EE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR IN ANY  DECISION  REGARDING
WHICH  POSITIONS  ARE  TO  BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH
POSITIONS SHALL BE LAID OFF; PROVIDED, HOWEVER, THAT  ANY  CONSIDERATION
OF  AN  EMPLOYEE'S  LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR
FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO  BE  LAID  OFF  OCCUPYING
SUCH  POSITIONS  MAY  ONLY  BE  CONSIDERED  IN A MANNER BENEFICIAL TO AN
EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY
DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS
OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND  PROVIDED  FURTHER  THAT
ANY  DECISION ENSURE THAT IN A HIGH-NEED SCHOOL THE NUMBER OF STAFF LAID
OFF SHALL NOT EXCEED THE PERCENTAGE OF THE OVERALL NUMBER  OF  POSITIONS
IN  THE  SCHOOL  THAT REPRESENTS HALF OF THE AVERAGE PERCENTAGE OF STAFF
LAID OFF CITYWIDE; PROVIDED HOWEVER, SAID  PERCENTAGE  MAY  BE  EXCEEDED
WHERE  THE  CITY  SCHOOL  DISTRICT CHOOSES TO ABOLISH ALL POSITIONS IN A
LICENSE AREA PURSUANT TO  SUBPARAGRAPH  (IV)  OF  THIS  PARAGRAPH.  SAID
PERCENTAGES  SHALL  BE  CALCULATED EXCLUDING ANY TEACHERS OR SUPERVISORS
LAID OFF PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS
SUBDIVISION. FOR PURPOSES OF THIS SECTION, A HIGH-NEED SCHOOL  SHALL  BE

S. 2808--B                         88

DEFINED  AS  A  SCHOOL  IN WHICH AT LEAST NINETY PERCENT OF THE ENROLLED
STUDENTS ARE ELIGIBLE APPLICANTS FOR THE FREE AND  REDUCED  PRICE  LUNCH
PROGRAM.
  (B)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE CITY SCHOOL DISTRICT  AND  ITS  EMPLOYEES'  COLLECTIVE
BARGAINING  AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS AT INDIVIDUAL  SCHOOLS
IN  ORDER  TO  MEET SCHOOL BUDGETARY NEEDS, REORGANIZE FUNCTIONS, OR FOR
OTHER COMPELLING REASONS OUTSIDE OF A CITYWIDE REDUCTION  IN  ACCORDANCE
WITH  PARAGRAPH (A) OF THIS SUBDIVISION, PURSUANT TO THE REQUIREMENTS OF
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH LOCALLY  ESTABLISHED
PROCESS  SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE
FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND
WHICH PERSONS OCCUPYING  SUCH  POSITIONS  SHALL  BE  EXCESSED;  PROVIDED
HOWEVER  THAT  ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND
COMPETENT SERVICE AS A  FACTOR  FOR  THE  ABOLISHMENT  OF  POSITIONS  OR
PERSONS  TO  BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED
IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION  OF  ANY
SUCH  REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN
ANY DECISION REGARDING WHICH POSITIONS ARE TO  BE  ABOLISHED  AND  WHICH
PERSONS  OCCUPYING  SUCH  POSITIONS  SHALL  BE  EXCESSED.  FOR POSITIONS
COVERED BY SECTION THREE THOUSAND TWELVE-C OF  THIS  CHAPTER,  ANY  SUCH
LOCALLY  DEVELOPED  PROCESS  SHALL  BE SIGNIFICANTLY BASED ON THE ANNUAL
PROFESSIONAL PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO
SUCH SECTION THREE THOUSAND TWELVE-C AND ITS  IMPLEMENTING  REGULATIONS.
UNTIL  AND  UNLESS  SUCH  A PROCESS HAS BEEN ESTABLISHED AT LEAST NINETY
DAYS BEFORE THE START OF THE TWO THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE
SCHOOL YEAR, THE FOLLOWING SHALL APPLY:
  (I)  DECISIONS CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED SHALL BE
MADE IN ACCORDANCE WITH THE SAME PROCESS PRESCRIBED  FOR  MAKING  LAYOFF
DECISIONS  SET  FORTH  IN SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION. IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES EXCESSED IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT  MUST
BE  EXCESSED PURSUANT TO THIS SUBPARAGRAPH, THE MATTER SHALL BE REFERRED
TO ARBITRATION AS SET FORTH IN SUBPARAGRAPH (III) OF  PARAGRAPH  (A)  OF
THIS  SUBDIVISION.    ANY  DECISION  BY  AN  ARBITRATOR PURSUANT TO THIS
SUBPARAGRAPH SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE  THE
SOLE  FACTOR  IN  ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOL-
ISHED AND WHICH PERSONS OCCUPYING  SUCH  POSITIONS  SHALL  BE  EXCESSED;
PROVIDED  HOWEVER  THAT  ANY  CONSIDERATION  OF  AN EMPLOYEE'S LENGTH OF
FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF  POSI-
TIONS  OR  PERSONS  TO  BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE
CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE  PROMULGA-
TION  OF ANY SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO  BE  ABOLISHED
AND  WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. THE ARBI-
TRATOR SHALL FURTHER BE REQUIRED TO INCORPORATE THE FOLLOWING FACTORS IN
ANY AWARD SETTING FORTH A PROCESS FOR THE DISTRICT REGARDING WHICH POSI-
TIONS SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS  ARE
TO BE EXCESSED:
  (A) SCHOOLS' NEEDS FOR PARTICULAR LICENSE AREAS; AND
  (B) WHEN MORE THAN ONE PERSON HOLDS A POSITION WITHIN THE SAME LICENSE
AREA:
  (1)  SIGNIFICANT  RELEVANT CONTRIBUTIONS, ACCOMPLISHMENTS, OR PERFORM-
ANCE OF EACH SUCH PERSON;

S. 2808--B                         89

  (2) RELEVANT SUPPLEMENTAL PROFESSIONAL EXPERIENCES OF EACH SUCH PERSON
AS DEMONSTRATED ON THE JOB;
  (3)  OFFICE  OR  SCHOOL NEEDS, INCLUDING CURRICULUM SPECIALIZED EDUCA-
TION, DEGREES, LICENSES OR AREAS OF EXPERTISE; AND
  (4) LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON.  SHOULD  CITY-
WIDE  LAYOFFS  IN  ACCORDANCE  WITH PARAGRAPH (A) OF THIS SUBDIVISION BE
CARRIED OUT, A DETERMINATION OF WHETHER ANY TEACHER OR SUPERVISOR  SHALL
BE  LAID  OFF  WHOSE POSITION HAS BEEN ABOLISHED AND IS IN EXCESS FROM A
REGULARLY APPOINTED POSITION IN THE DISTRICT FOR LESS THAN  SIX  MONTHS,
SHALL BE MADE PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION.
  (II)  SHOULD  THE  CITY  SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
AGENTS FAIL TO  ESTABLISH  A  PROCEDURE  GOVERNING  THE  ABOLISHMENT  OR
REDUCTION  OF  TEACHING  OR  SUPERVISORY POSITIONS AT INDIVIDUAL SCHOOLS
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL  SERVICE  LAW  NO  LATER  THAN
NINETY  DAYS  PRIOR  TO  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL  BE  SUBMITTED
TO ARBITRATION PURSUANT TO THE PROCEDURES IN SUBPARAGRAPH (III) OF PARA-
GRAPH A OF SUBDIVISION THREE OF THIS SECTION. ANY DECISION ISSUED PURSU-
ANT  TO  THIS  SUBPARAGRAPH  SHALL  BE SIGNIFICANTLY BASED ON THE ANNUAL
PROFESSIONAL PERFORMANCE REVIEW FOR THE PRECEDING SCHOOL  YEAR  PURSUANT
TO  SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND SHALL NOT PERMIT
AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR  IN  ANY  DECISION
REGARDING  WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPY-
ING SUCH POSITIONS  SHALL  BE  EXCESSED;  PROVIDED,  HOWEVER,  THAT  ANY
CONSIDERATION  OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE
AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO  BE  EXCESSED
OCCUPYING  SUCH  POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL
TO AN EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A  FACTOR
IN  ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED;
  S 5. Subdivision 4 of section 2588 of the education  law  is  REPEALED
and a new subdivision 4 is added to read as follows:
  4.  WHENEVER  A TEACHING OR SUPERVISORY POSITION IS ABOLISHED PURSUANT
TO SUBPARAGRAPH (III) OF PARAGRAPH (A)  OF  SUBDIVISION  THREE  OF  THIS
SECTION EFFECTIVE BEFORE OR DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE  SCHOOL  YEAR, SHOULD A VACANCY OCCUR IN THE SAME POSITION AT THE
SAME SCHOOL OR ADMINISTRATIVE OFFICE WITHIN ONE YEAR OF  THE  DATE  WHEN
THE  POSITION  WAS ABOLISHED, THE PRINCIPAL, OR THE CHANCELLOR OR HIS OR
HER DESIGNEE, SHALL OFFER THE POSITION TO THE PERSON WHO HELD THE  POSI-
TION  BEFORE IT WAS ABOLISHED. IF THE PERSON REJECTS THE OFFER, OR FAILS
TO RESPOND TO THE OFFER WITHIN THIRTY DAYS, THE PERSON SHALL  NO  LONGER
HAVE  A  RIGHT  TO RETURN TO THE POSITION. IF MORE THAN ONE POSITION WAS
ABOLISHED IN THE SAME LICENSE AREA AT THE SAME SCHOOL OR  ADMINISTRATIVE
OFFICE,  AND  THERE  ARE  FEWER  VACANCIES IN THE SAME LICENSE AREA THAN
PERSONS WHOSE POSITIONS WERE ABOLISHED, THE PRINCIPAL, OR THE CHANCELLOR
SHALL HAVE THE DISCRETION TO DETERMINE WHICH PERSON  SHOULD  BE  OFFERED
THE  POSITION  FIRST. THE CHANCELLOR SHALL PROMULGATE GUIDANCE TO DETER-
MINE THE RIGHT OF RETURN OF ANY TEACHERS OR SUPERVISORS LAID OFF  PURSU-
ANT  TO  SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION. TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO  SUBPARAGRAPH  (I)
OF  PARAGRAPH  (A) OF SUBDIVISION THREE OF THIS SECTION AND SUBPARAGRAPH
(II) OF PARAGRAPH (A) OF SUBDIVISION THREE  OF  THIS  SECTION,  AND  ALL
TEACHERS  OR SUPERVISORS LAID OFF EFFECTIVE FOR THE TWO THOUSAND TWELVE-
-TWO THOUSAND THIRTEEN SCHOOL YEAR AND BEYOND, SHALL HAVE NO  RIGHTS  TO
RETURN TO A VACANT POSITION PURSUANT TO THIS SECTION.

S. 2808--B                         90

  S 6. Subdivision 7 of section 2588 of the education law is REPEALED.
  S 7. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 8. This act shall take effect immediately.

                                 PART FF

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

S. 2808--B                         91

before  December  31, 2008 regarding the implementation of this section.
Of the amounts transferred to the corporation pursuant to section one of
this act, the amounts disbursed to counties  pursuant  to  this  section
shall  not  exceed  the  following  amounts: Broome, $750,000; Chenango,
$750,000;  Delaware,   $2,000,000;   Herkimer,   $750,000;   Montgomery,
$750,000;  Orange,  $2,000,000;  Otsego,  $750,000; Schoharie, $750,000;
Sullivan, $3,750,000; Tioga, $750,000; and Ulster, $2,000,000.
  (B) ANY FUNDS NOT UNDER CONTRACT OR GRANT AGREEMENT BETWEEN ANY COUNTY
PROVIDED FOR BY THIS SECTION AND THE STATE OF NEW YORK  OR  ANY  OF  ITS
DIVISIONS OR AGENCIES ON OR BY JANUARY 1, 2010 MAY BE USED, UPON A FIND-
ING  BY THE CORPORATION THAT SUCH FUNDS ARE AVAILABLE, BY ULSTER COUNTY,
WHETHER THE FUNDS ARE ALLOCATED TO SUCH  COUNTY  OR  TO  ANOTHER  COUNTY
UNDER  THIS PROGRAM, TO PURCHASE HOMES WHICH OTHERWISE MEET THE REQUIRE-
MENTS OF SUBDIVISION (A) OF THIS  SECTION  AND  ARE  IN  ULSTER  COUNTY,
AND/OR  OTHERWISE PURCHASE HOMES WHICH ARE VALUED AT UNDER $250,000 UPON
A FINDING BY THE CORPORATION THAT: (1) THE HOMES HAVE BEEN SUBJECTED  TO
SEEPAGE  OF  WATER INTO THE HOMES EITHER THROUGH THE WALLS OR FOUNDATION
OF SUCH HOME OR WATER OTHERWISE ENTERS INTO THE HOME OTHER THAN  THROUGH
PIPES INTENDED FOR SUCH PURPOSE, AND (2) THE HOME IS SITUATED WITHIN TWO
MILES  OF  AN  UNDERGROUND AQUEDUCT OWNED, MAINTAINED OR OPERATED BY THE
CITY OF NEW YORK OR ANY BOARD, AGENCY, DEPARTMENT OR BUREAU THEREOF  AND
IS  USED  FOR  THE  TRANSPORT OF DRINKING WATER TO THE CITY OF NEW YORK.
THE REQUIREMENTS ENUMERATED IN PARAGRAPHS ONE THROUGH FIVE  OF  SUBDIVI-
SION  (A)  OF  THIS SECTION SHALL APPLY, PROVIDED, HOWEVER THAT NOTWITH-
STANDING THE REQUIREMENTS OF PARAGRAPH ONE OF SUBDIVISION  (A)  OF  THIS
SECTION,  NO  PERSON  OR PERSONS WHO OTHERWISE MEETS THE REQUIREMENTS OF
THIS SUBDIVISION SHALL BE EXCLUDED ON THE BASIS  OF  INCOME  AND  IT  IS
FURTHER  PROVIDED  THAT  THE  COSTS  OF DEMOLITION OF ANY HOME PURCHASED
THROUGH THIS SECTION ARE AN ELIGIBLE COST.  IN MAKING DETERMINATIONS  OF
WHICH  HOMES TO PURCHASE, THE COUNTY SHALL FIRST SEEK TO EXPEND FUNDS TO
PURCHASE THOSE HOMES WHICH MEET THE  REQUIREMENTS  ENUMERATED  IN  PARA-
GRAPHS ONE AND TWO OF THIS SUBDIVISION.
  S 2. This act shall take effect immediately.

                                 PART GG

  Section  1. The social services law is amended by adding a new section
37-a to read as follows:
  S 37-A. CONSOLIDATION OF TOLL FREE HOTLINES.  1. THE COMPTROLLER SHALL
CONDUCT A STUDY IN CONSULTATION WITH THE OFFICE OF CHILDREN  AND  FAMILY
SERVICES  AND  A  NOT-FOR-PROFIT  ENTITY  WITH  EXPERIENCE  IN PROVIDING
BROAD-BASED ACCESS TO A LARGE SPECTRUM OF HUMAN SERVICES ON THE NEW YORK
STATE OPERATED TOLL FREE  NUMBERS  THAT  PROVIDE  INFORMATION  ON  HUMAN
SERVICES.  THE STUDY SHALL IDENTIFY WHICH OF THE EXISTING STATE OPERATED
TOLL FREE HUMAN SERVICES HOTLINES SHALL BE CONSOLIDATED  UNDER  THE  211
RESOURCE  AND  REFERRAL  HOTLINE.  SUCH  STUDY  SHALL BE PROVIDED TO THE
LEGISLATURE  AND  THE  DIVISION  OF  THE  BUDGET  NO  LATER  THAN   JULY
THIRTY-FIRST, TWO THOUSAND ELEVEN.
  2.  STATE  OPERATED TOLL FREE HUMAN SERVICES HOTLINES IDENTIFIED UNDER
SUCH STUDY SHALL BE  ELIMINATED  EFFECTIVE  DECEMBER  THIRTY-FIRST,  TWO
THOUSAND  ELEVEN AND SUCH SERVICES SHALL BE PROVIDED BY THE 211 RESOURCE
AND REFERRAL HOTLINE BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN.
  3. FUNDING PROVIDED FOR IN THE STATE FISCAL YEAR TWO THOUSAND  ELEVEN-
-TWO  THOUSAND  TWELVE  STATE  BUDGET  FOR THE COSTS ASSOCIATED WITH THE
EXISTING STATE OPERATED TOLL FREE HUMAN SERVICES HOTLINES IDENTIFIED FOR
CONSOLIDATION  APPROPRIATED  BUT   NOT   ENCUMBERED   AS   OF   DECEMBER

S. 2808--B                         92

THIRTY-FIRST,  TWO  THOUSAND ELEVEN SHALL BE TRANSFERRED TO THE INTERNAL
SERVICES 211 SYSTEM ACCOUNT ON JANUARY FIRST, TWO THOUSAND TWELVE.
  4.  AGENCIES ADMINISTERING THE EXISTING STATE OPERATED TOLL FREE HUMAN
SERVICES HOTLINES ARE REQUIRED TO TRANSFER PAYMENT FOR  THE  211  SYSTEM
SERVICES  UNDER THE INTERNAL SERVICES 211 SYSTEM ACCOUNT IN AN AMOUNT TO
BE APPORTIONED BY THE DIRECTOR OF THE BUDGET BUT  NOT  LESS  THAN  THREE
MILLION  NINE  HUNDRED  THOUSAND DOLLARS BEGINNING ON JANUARY FIRST, TWO
THOUSAND TWELVE AND THEREAFTER.
  S 2. This act shall take effect immediately.

                                 PART HH

  Intentionally omitted.

                                 PART II

  Section 1. Section 352 of the education law is amended by adding a new
subdivision 4 to read as follows:
  4. NOTWITHSTANDING ANY OTHER LAW TO  THE  CONTRARY,  THE  STATE  SHALL
ANNUALLY  APPROPRIATE AND PAY AN AMOUNT EQUAL TO AVAILABLE STATE SUPPORT
FOR THE STATE UNIVERSITY.   SUCH STATE PAYMENT SHALL  BE  MADE  IN  FOUR
INSTALLMENTS,  ON OR BEFORE THE FIRST WEEK OF JULY, OCTOBER, JANUARY AND
APRIL.
  S 2. State university of New York appropriation structure.    Notwith-
standing  any  other  provision  of law to the contrary, gross operating
support for the state-operated and statutory and  contract  colleges  of
the  state  university  of  New  York  shall  be appropriated in a newly
created agency fund, and all gross operating  expenses  thereof,  except
for  general  state  charges  centrally  administered,  shall be charged
against such fund in the  first  instance.  The  state  comptroller  may
establish  such  fund  to allow for the full deposit of funds to support
such appropriations from the state's general fund and the state  univer-
sity  of  New  York tuition revenue account according to annual transfer
amounts approved for such purpose.
  S 3. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2012, the following amounts:
  1.  $832,303,500  to  be  transferred  in  four payments falling on or
before the first week of April, July,  October,  and  January  from  the
general  fund  to  the  State  University  of New York Agency Trust Fund
(176). This amount shall represent the state share of  funding,  net  of
available  appropriations, for the time period between April 1, 2011 and
March 31, 2012.
  2. An amount up to $1,281,784,000 to be  transferred  from  the  State
University  Income  Fund  (345)  State University Revenue Offset Account
(12) to the State University of New York Agency Trust Fund  (176).  This
amount  shall  represent  the  total amount of tuition and other revenue
available for the time period between July 1, 2011 and June 30, 2012.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed June 30, 2015.

                                 PART JJ

  Section  1.  Subdivision  6  of  section  529  of the executive law is
amended by adding two new paragraphs (a) and (d) to read as follows:

S. 2808--B                         93

  (A) NO LATER THAN JUNE THIRTIETH EACH YEAR, THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL PROVIDE THE STATE LEGISLATURE AND SOCIAL  SERVICES
DISTRICTS WITH A DETAILED REPORT ON TOTAL COST AND THE OPERATING CAPACI-
TY AT OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES DURING THE PRIOR
STATE  FISCAL YEAR. SUCH REPORT SHALL INCLUDE BUT NEED NOT BE LIMITED TO
INFORMATION ON COSTS RELATED TO LABOR, PHYSICAL  PLANT  MAINTENANCE  AND
FOOD  AND  UTILITY  EXPENDITURES  AS  WELL AS INFORMATION ON THE MAXIMUM
NUMBER OF JUVENILES THAT CAN BE PLACED IN OFFICE FACILITIES AND STAFFING
LEVELS AT SUCH FACILITIES. SUCH REPORT SHALL ALSO INCLUDE INFORMATION ON
JUVENILES THAT HAVE BEEN MOVED FROM ONE FACILITY TO ANOTHER  DURING  THE
STATE  FISCAL  YEAR  AND SHALL NAME THE FACILITIES FROM WHICH SUCH JUVE-
NILES WERE MOVED AND IN WHICH THEY WERE  LATER  PLACED.  IF  THE  REPORT
PROVIDED PURSUANT TO THIS PARAGRAPH IS BASED, IN WHOLE OR IN PART, ON AN
AUDIT PERFORMED ON BEHALF OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,
THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES SHALL PROVIDE THE STATE
LEGISLATURE AND SOCIAL SERVICES DISTRICTS WITH A COPY OF SUCH  AUDIT  AT
THE TIME IT PROVIDES THE REPORT FOR THE PRIOR STATE FISCAL YEAR.
  (D)  IF  THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES USES INTERIM
REIMBURSEMENT RATES TO BILL LOCALITIES  FOR  A  STATE  FISCAL  YEAR  AND
ADJUSTS  THOSE  RATES  AFTER  THE CLOSE OF SUCH FISCAL YEAR, SUCH OFFICE
SHALL ISSUE FINAL ADJUSTED REIMBURSEMENT RATES NO LATER THAN MARCH THIR-
TY-FIRST DURING THE STATE FISCAL YEAR IMMEDIATELY  FOLLOWING  THE  STATE
FISCAL YEAR FOR WHICH REIMBURSEMENT RATES ARE ADJUSTED. IF THE OFFICE OF
CHILDREN  AND  FAMILY  SERVICES  FAILS  TO ADJUST RATES BY SUCH DATE, NO
ADJUSTMENTS TO THE ORIGINAL  REIMBURSEMENT  RATE  FOR  THE  PRIOR  STATE
FISCAL YEAR SHALL BE PERMITTED.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the applicable effective date of Parts A through JJ of this act shall be
as specifically set forth in the last section of such Parts.

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

    S. 2808--C                                            A. 4008--C

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

                            February 1, 2011
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 contracts of excel-
  lence, library funding, reimbursement of school districts,  apportion-
  ment  of  school aid, building aid, foundation aid base, apportionment
  of school aid and of  current  year  approved  expenditures  for  debt
  service,  apportionment  of  transportation  aid, academic enhancement
  aid, high tax aid, Medicaid reimbursement, gap elimination adjustment,
  small government assistance, maximum class size; to  amend  the  state
  finance  law,  in  relation to base grant; to amend chapter 756 of the
  laws of 1992 relating to funding a program for  work  force  education
  conducted  by the consortium for worker education in New York city, in
  relation to apportionment and reimbursement; to amend chapter  169  of
  the laws of 1994 relating to certain provisions related to the 1994-95
  state operations, aid to localities, capital projects and debt service
  budgets,  chapter  82  of the laws of 1995, amending the education law
  and certain other laws relating to state aid to school  districts  and
  the  appropriation of funds for the support of government, chapter 386
  of the laws of 1996 amending the education law relating  to  providing
  for  a waiver allowing state aid in certain circumstances, chapter 472
  of the laws of 1998 amending the education law relating to  the  lease
  of  school  buses by school districts, chapter 147 of the laws of 2001

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12572-05-1

S. 2808--C                          2                         A. 4008--C

  amending the education law  relating  to  conditional  appointment  of
  school district, charter school or BOCES employees, chapter 425 of the
  laws  of  2002 amending the education law relating to the provision of
  supplemental  educational services, attendance at a safe public school
  and the suspension of pupils who bring  a  firearm  to  or  possess  a
  firearm  at  a  school,  chapter  101 of the laws of 2003 amending the
  education law relating to implementation of the No Child  Left  Behind
  Act of 2001, in relation to school aid and extending the expiration of
  certain  provisions  of such chapters; to amend chapter 57 of the laws
  of 2004, relating to support of education, in  relation  to  extending
  the  provisions  thereof;  to  amend  the  general  municipal  law, in
  relation to the employee benefit accrued liability  reserve  fund;  in
  relation  to school bus driver training; in relation to the support of
  public  libraries;  to  provide  special  apportionment   for   salary
  expenses;   to   provide  special  apportionment  for  public  pension
  expenses; in relation to suballocation of certain education department
  accruals; in relation to purchases by  the  city  school  district  of
  Rochester;  and  providing  for  the repeal of certain provisions upon
  expiration thereof (Part A); to amend the education law,  in  relation
  to expenses for textbooks, school library materials, software programs
  and  computer  equipment  (Part  A-1);  to amend the education law, in
  relation to the school district management efficiency  awards  program
  and  school district performance improvement awards grant (Part B); to
  amend the state finance law, in relation to the former New York  State
  Theatre Institute; to transfer all the rights and property held by the
  former  New  York  State  Theatre  Institute  to the office of general
  services and to authorize the  commissioner  of  general  services  to
  transfer  all  the property that was part of the former New York State
  Theatre Institute to the Sage Colleges; and to repeal article 9 of the
  arts and cultural affairs law, section 97-u of the state  finance  law
  and  certain  provisions  of  the  public officers law relating to the
  former New York State Theatre Institute (Part C); to amend the  educa-
  tion  law,  in  relation to capital facilities in support of the state
  university and community colleges; and providing  for  the  repeal  of
  such  provisions  upon  expiration  thereof  (Subpart A); to amend the
  education law, in relation to procurement in support of the state  and
  city  universities;  and  providing  for the repeal of such provisions
  upon expiration thereof (Subpart B); and to amend the  education  law,
  in  relation to state university health care facilities; and providing
  for the repeal of such provisions upon expiration thereof (Subpart  C)
  (Part  D);  to amend the education law, in relation to tuition assist-
  ance program award determinations (Part E);  to  amend  the  education
  law,  in  relation  to  income  as a determinate of tuition assistance
  awards  (Part  F);  to  amend  the  education  law,  in  relation   to
  restrictions    on  eligibility  to  receive  awards and loans; and to
  repeal certain provisions of such law relating thereto  (Part  G);  to
  amend  the  education  law,  in relation to tuition assistance program
  awards (Part H); to amend the  education  law,  in  relation  to  good
  academic  standing  requirements (Part I); to amend the education law,
  in relation to tuition assistance program awards for  graduate  school
  students; and to repeal certain provisions of such law relating there-
  to  (Part  J);  to  amend chapter 31 of the laws of 1985, amending the
  education law relating to regents scholarships in certain professions,
  in relation to the physician loan forgiveness  program  (Part  K);  to
  amend chapter 57 of the laws of 2005 amending the education law relat-
  ing  to  the New York state nursing faculty loan forgiveness incentive

S. 2808--C                          3                         A. 4008--C

  program and the New York state nursing faculty scholarship program, in
  relation to the effectiveness thereof (Part L); to amend  chapter  161
  of  the laws of 2005, amending the education law and other laws relat-
  ing  to the social worker loan forgiveness program, in relation to the
  effectiveness thereof (Part M); to amend the real property tax law and
  the tax law, in relation to containing the cost of  the  STAR  program
  and   allowing  the  renunciation  of  STAR  and  other  property  tax
  exemptions (Part N); to amend the education law, in relation to  main-
  tenance  costs  for students with disabilities placed in a residential
  school under article 89 of the education law; and to amend the  social
  services law, in relation to expenditures by social services districts
  for  children  in  residential schools (Part O); Intentionally omitted
  (Part P); to authorize the commissioner of the office of children  and
  family  services  to  close certain facilities and to make other deci-
  sions necessary for the  cost-effective  and  efficient  operation  of
  facilities  operated  by  the  office; and providing for the repeal of
  certain provisions upon expiration thereof (Subpart A); and  to  amend
  the  executive  law, the family court act and the social services law,
  in relation to funding and utilization of juvenile detention and fund-
  ing for supervision and treatment services; and to repeal subdivisions
  7 and 8 of section 530 of the executive law, relating to state  opera-
  tion  of  juvenile  detention  and  approval of new juvenile detention
  capacity; (Subpart B) (Part Q); to amend the social services  law,  in
  relation  to the fee charged for clearances from the statewide central
  register of child abuse or maltreatment (Part R); to amend the  social
  services  law, in relation to increasing the standards of monthly need
  for aged, blind and disabled persons (Part S);  Intentionally  omitted
  (Part  T); to amend the social services law, in relation to the stand-
  ards of monthly need for persons in receipt of public assistance (Part
  U); Intentionally omitted (Part V); to amend chapter 62 of the laws of
  2003 amending the state finance law and other laws relating to author-
  izing and directing the state comptroller to  loan  money  to  certain
  funds  and  accounts, in relation to extending the interest assessment
  surcharge fund (Part W) to amend part NN of chapter 57 of the laws  of
  2008  relating  to  authorizing  the New York state mortgage agency to
  transfer certain moneys, in relation to the use of surplus funds  from
  the greater Catskills flood remediation program (Part X); to amend the
  executive  law,  in  relation  to directing the office of children and
  family services to annually provide, to the  legislative  leaders  and
  social  services  districts,  a  detailed report on the total cost and
  operating capacity of its juvenile facilities (Part Y); to  amend  the
  education  law,  in  relation  to eligibility requirements for student
  financial aid (Part Z); to amend part A of a chapter of  the  laws  of
  2011  relating  to  constituting chapter 18-A of the consolidated laws
  relating to  financial  services,  as  proposed  in  legislative  bill
  numbers  S.2812-C  and  A.4012-C,  in relation to the effectiveness of
  certain provisions thereof (Part AA);  to  provide  for  the  adminis-
  tration of certain funds and accounts related to the 2011-2012 budget;
  to  authorize  certain  payments  and  transfers;  to  amend the state
  finance law, in relation to the school tax relief fund; to  amend  the
  state finance law, in relation to the issuance of revenue bonds and in
  relation to mental health service facilities financing; to amend chap-
  ter  57  of  the  laws  of  2008,  providing for the administration of
  certain funds  and  accounts  related  to  the  2008-2009  budget,  in
  relation  to effectiveness of certain provisions thereof; to amend the
  public authorities law, in relation  to  environmental  infrastructure

S. 2808--C                          4                         A. 4008--C

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

S. 2808--C                          5                         A. 4008--C

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

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

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

                                 PART A

  Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as added by section 2-a of part A of chapter 57 of the laws of
2009, is amended to read as follows:
  e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
district that submitted a contract for excellence for the  two  thousand
eight--two  thousand nine school year shall submit a contract for excel-
lence for the  two  thousand  nine--two  thousand  ten  school  year  in
conformity  with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the  district  are
identified  as  in  good  standing  AND  PROVIDED FURTHER THAT, A SCHOOL
DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE  TWO  THOUSAND
NINE--TWO  THOUSAND  TEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT
ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT  FOR  EXCEL-
LENCE FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR WHICH
SHALL,  NOTWITHSTANDING  THE  REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARA-
GRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE  EXPENDITURE
OF  AN  AMOUNT  WHICH  SHALL  BE NOT LESS THAN THE PRODUCT OF THE AMOUNT
APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE  TWO
THOUSAND   NINE--TWO   THOUSAND  TEN  SCHOOL  YEAR,  MULTIPLIED  BY  THE
DISTRICT'S GAP ELIMINATION ADJUSTMENT PERCENTAGE. FOR PURPOSES  OF  THIS
PARAGRAPH,  THE  "GAP ELIMINATION ADJUSTMENT PERCENTAGE" SHALL BE CALCU-
LATED AS THE SUM OF ONE MINUS THE QUOTIENT OF  THE  SUM  OF  THE  SCHOOL
DISTRICT'S  NET  GAP  ELIMINATION  ADJUSTMENT  FOR TWO THOUSAND TEN--TWO
THOUSAND ELEVEN COMPUTED PURSUANT TO CHAPTER FIFTY-THREE OF THE LAWS  OF
TWO  THOUSAND  TEN, MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT,
PLUS THE SCHOOL DISTRICT'S GAP ELIMINATION ADJUSTMENT FOR  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  AS  COMPUTED PURSUANT TO A CHAPTER OF THE
LAWS OF TWO THOUSAND ELEVEN, MAKING APPROPRIATIONS FOR  THE  SUPPORT  OF
THE  LOCAL  ASSISTANCE BUDGET, INCLUDING SUPPORT FOR GENERAL SUPPORT FOR

S. 2808--C                          6                         A. 4008--C

PUBLIC SCHOOLS, DIVIDED BY THE TOTAL AID FOR ADJUSTMENT COMPUTED  PURSU-
ANT  TO  A  CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN, MAKING APPROPRI-
ATIONS FOR THE LOCAL ASSISTANCE BUDGET, INCLUDING  SUPPORT  FOR  GENERAL
SUPPORT  FOR  PUBLIC SCHOOLS.  PROVIDED, FURTHER, THAT SUCH AMOUNT SHALL
BE EXPENDED TO SUPPORT AND MAINTAIN ALLOWABLE  PROGRAMS  AND  ACTIVITIES
APPROVED  IN  THE  TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR OR TO
SUPPORT NEW OR EXPANDED ALLOWABLE PROGRAMS AND ACTIVITIES IN THE CURRENT
YEAR.
  S 2. Subparagraph (vii) of paragraph a of  subdivision  2  of  section
211-d  of  the education law, as added by section 3 of part A of chapter
57 of the laws of 2009, is amended to read as follows:
  (vii) (A) Notwithstanding any other provision of this section  to  the
contrary, a school district that submitted a contract for excellence for
the two thousand seven--two thousand eight school year and the two thou-
sand  eight--two  thousand  nine school year and is required to submit a
contract for excellence for the  two  thousand  nine--two  thousand  ten
school  year but did not fully expend all of its two thousand seven--two
thousand eight foundation aid subject to  the  contract  for  excellence
restrictions  during  the  two thousand seven--two thousand eight school
year may re-allocate and expend such unexpended  funds  during  the  two
thousand  eight--two  thousand  nine and two thousand nine--two thousand
ten school years for allowable  contract  for  excellence  programs  and
activities  as  defined in subdivision three of this section in a manner
prescribed by the commissioner. For purposes of determining  maintenance
of  effort  pursuant  to subparagraph (vi) of this paragraph for the two
thousand eight--two thousand nine school year, funds  expended  pursuant
to  this  subparagraph  shall  be  included in the total budgeted amount
approved by the commissioner in the district's contract  for  excellence
for  the  two  thousand  seven--two thousand eight school year; provided
that such amount shall not be counted  more  than  once  in  determining
maintenance of effort for the two thousand nine--two thousand ten school
year or thereafter.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
RY,  A  SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE
TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR BUT DID NOT FULLY EXPEND
ALL OF ITS TWO THOUSAND NINE--TWO THOUSAND TEN FOUNDATION AID SUBJECT TO
THE  CONTRACT  FOR  EXCELLENCE  RESTRICTIONS  DURING  THE  TWO  THOUSAND
NINE--TWO THOUSAND TEN SCHOOL YEAR MAY RE-ALLOCATE AND EXPEND SUCH UNEX-
PENDED  FUNDS DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR FOR ALLOWABLE CONTRACT FOR EXCELLENCE PROGRAMS  AND  ACTIVITIES  AS
DEFINED  IN  SUBDIVISION THREE OF THIS SECTION IN A MANNER PRESCRIBED BY
THE COMMISSIONER; PROVIDED THAT SUCH AMOUNT SHALL NOT  BE  COUNTED  MORE
THAN  ONCE  IN  DETERMINING  ANY  MAINTENANCE OF EFFORT PURSUANT TO THIS
SECTION.
  S 3. Subdivision 12 of section 273 of the education law, as amended by
section 1 of part A of chapter 2 of the laws of 2011, is amended to read
as follows:
  12. The commissioner is hereby authorized to expend [in  state  fiscal
year  two  thousand six--two thousand seven three million dollars and in
state fiscal year two thousand seven--two thousand eight  eight  million
dollars  and  in state fiscal year two thousand eight--two thousand nine
seven million nine hundred forty thousand dollars and  in  state  fiscal
year  two  thousand  nine--two thousand ten eight million dollars and in
state fiscal year two thousand ten--two thousand  eleven  eight  million
dollars  subject  to an appropriation] FUNDS ANNUALLY for formula grants
to public library systems,  reference  and  research  library  resources

S. 2808--C                          7                         A. 4008--C

systems,  and school library systems operating under an approved plan of
service. Such formula grants shall be provided for the period commencing
July first and ending on June thirtieth  next  following.  Such  formula
grants will be distributed in the following manner:
  a.  Each  public  library  system established pursuant to sections two
hundred fifty-five and two hundred seventy-two of this part and  operat-
ing  under  a  plan  approved by the commissioner is entitled to receive
ANNUALLY thirty-nine thousand dollars and an amount  equal  to  ten  and
ninety-four  hundredths  percent of the amount of state aid received for
the current year by such system under paragraphs a, c, d,  e  and  n  of
subdivision  one of this section [for the two thousand ten--two thousand
eleven state fiscal year];
  b. Each reference and research library  resources  system  established
pursuant  to  section two hundred seventy-two of this part and operating
under a plan approved by the commissioner is entitled to receive ANNUAL-
LY thirty-nine thousand dollars and an amount equal to ten  and  ninety-
four  hundredths  percent  of  the  amount of state aid received for the
current year under paragraph a of subdivision four of this section  [for
the two thousand ten--two thousand eleven state fiscal year]; and
  c.  Each  school  library  system  established pursuant to section two
hundred eighty-two of this part and operating under a plan  approved  by
the  commissioner  is  entitled to receive ANNUALLY thirty-nine thousand
dollars and an amount equal to ten and ninety-four hundredths percent of
the amount of state aid received for the current  year  by  such  system
under  paragraphs  a, b, c, d, e and f of subdivision one of section two
hundred eighty-four of this part [for the two thousand ten--two thousand
eleven state fiscal year].
  S 4. Intentionally omitted.
  S 5. Intentionally omitted.
  S 6. Intentionally omitted.
  S 7. Intentionally omitted.
  S 8. Intentionally omitted.
  S 9. Intentionally omitted.
  S 10. Intentionally omitted.
  S 11. Intentionally omitted.
  S 12. Intentionally omitted.
  S 13. Intentionally omitted.
  S 14. Intentionally omitted.
  S 15. Intentionally omitted.
  S 16. Intentionally omitted.
  S 17. Intentionally omitted.
  S 18. Intentionally omitted.
  S 19. Intentionally omitted.
  S 20. Intentionally omitted.
  S 21. Paragraph (a) of subdivision 1 of section 2856 of the  education
law,  as  amended  by  section 12 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
  (a) The enrollment of students  attending  charter  schools  shall  be
included  in  the enrollment, attendance, membership and, if applicable,
count of students with disabilities of the school district in which  the
pupil  resides.  The  charter  school  shall report all such data to the
school districts of residence in a timely manner. Each  school  district
shall  report  such  enrollment,  attendance  and count of students with
disabilities to the department. The school district of  residence  shall
pay  directly  to  the  charter  school for each student enrolled in the

S. 2808--C                          8                         A. 4008--C

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

S. 2808--C                          9                         A. 4008--C

student  with  a disability that the charter school provides directly or
indirectly. Notwithstanding anything in this section  to  the  contrary,
amounts  payable pursuant to this subdivision may be reduced pursuant to
an  agreement between the school and the charter entity set forth in the
charter. Payments made pursuant to this subdivision shall be made by the
school district in six substantially equal installments each year begin-
ning on the first business day of July and every two months  thereafter.
Amounts  payable  under  this  subdivision  shall  be  determined by the
commissioner. Amounts payable to a charter school in its first  year  of
operation  shall  be based on the projections of initial-year enrollment
set forth in the charter. Such projections shall be reconciled with  the
actual  enrollment  at  the end of the school's first year of operation,
and any necessary adjustments shall  be  made  to  payments  during  the
school's second year of operation.
  S 23. Intentionally omitted.
  S 24. Intentionally omitted.
  S  25.  Paragraphs  p  and  q  of subdivision 1 of section 3602 of the
education law, as amended by section 11 of part B of chapter 57  of  the
laws  of  2007, subparagraph (i) of paragraph q as amended by section 11
of part B of chapter 5 of the laws of 2008, are amended  and  seven  new
paragraphs aa, bb, cc, dd, ee, ff and gg are added to read as follows:
  p.  (I) "Percent of eligible applicants for the free and reduced price
lunch program" shall mean the quotient of
  [(i)] (A)   the number of pupils in  kindergarten  through  grade  six
attending  the  public  schools of the district who have applications on
file or who are listed on a direct certification letter confirming their
eligibility for participation in the state and federally funded free and
reduced price school lunch program on the date enrollment was counted in
accordance with this subdivision for the year prior to  the  base  year,
divided by
  [(ii)] (B) the number of pupils in kindergarten through grade six on a
regular  enrollment  register  of  a  public school district on the date
enrollment was counted in accordance with this subdivision for the  year
prior  to the base year, computed to four decimals without rounding, and
multiplied by one hundred to be expressed as a percent to two  decimals.
For  central high school districts, such percent shall be computed using
the sum of the eligible  applicants  and  enrollment  of  the  component
districts of the central high school district.
  (II)  "THREE-YEAR  AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT" SHALL
MEAN THE QUOTIENT OF (A) THE SUM OF THE NUMBER OF PUPILS IN KINDERGARTEN
THROUGH GRADE SIX ATTENDING THE PUBLIC SCHOOLS OF THE DISTRICT WHO  HAVE
APPLICATIONS  ON FILE OR WHO ARE LISTED ON A DIRECT CERTIFICATION LETTER
CONFIRMING THEIR ELIGIBILITY FOR PARTICIPATION IN THE STATE  AND  FEDER-
ALLY  FUNDED FREE AND REDUCED PRICE LUNCH PROGRAM ON THE DATE ENROLLMENT
WAS COUNTED IN ACCORDANCE WITH THIS SUBDIVISION FOR THE  YEAR  PRIOR  TO
THE  BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE APPLICANTS FOR THE FREE AND
REDUCED PRICE LUNCH PROGRAM COMPUTED FOR THE YEAR TWO YEARS PRIOR TO THE
BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE  APPLICANTS  FOR  THE  FREE  AND
REDUCED  PRICE  LUNCH PROGRAM COMPUTED FOR THE YEAR THREE YEARS PRIOR TO
THE BASE YEAR, DIVIDED BY (B) THE SUM OF THE NUMBER OF PUPILS IN KINDER-
GARTEN THROUGH GRADE SIX ON A REGULAR ENROLLMENT REGISTER  OF  A  PUBLIC
SCHOOL  DISTRICT  ON  THE DATE ENROLLMENT WAS COUNTED IN ACCORDANCE WITH
THIS SUBDIVISION FOR THE YEAR PRIOR TO THE BASE YEAR, PLUS  SUCH  NUMBER
OF  PUPILS  IN  KINDERGARTEN  THROUGH  GRADE SIX ON A REGULAR ENROLLMENT
REGISTER OF A PUBLIC SCHOOL DISTRICT COMPUTED FOR  THE  YEAR  TWO  YEARS
PRIOR  TO  THE  BASE  YEAR,  PLUS  SUCH NUMBER OF PUPILS IN KINDERGARTEN

S. 2808--C                         10                         A. 4008--C

THROUGH GRADE SIX ON A REGULAR ENROLLMENT REGISTER OF  A  PUBLIC  SCHOOL
DISTRICT COMPUTED FOR THE YEAR THREE YEARS PRIOR TO THE BASE YEAR.
  q.  "Poverty  count"  shall  mean  the sum of the product of the lunch
count multiplied by sixty-five percent, plus the product of  the  census
count multiplied by sixty-five percent, where:
  (i)  "Lunch count" shall mean the product of the public school enroll-
ment of the school district  on  the  date  enrollment  was  counted  in
accordance  with  this  subdivision for the base year multiplied by [the
quotient of (A) the sum of the number of pupils in kindergarten  through
grade six attending the public schools of the district who have applica-
tions  on  file  or  who  are  listed  on  a direct certification letter
confirming their eligibility for participation in the state  and  feder-
ally  funded free and reduced price lunch program on the date enrollment
was counted in accordance with this subdivision for the  year  prior  to
the  base year, plus such number of eligible applicants for the free and
reduced price lunch program computed for the year two years prior to the
base year, plus such number of eligible  applicants  for  the  free  and
reduced  price  lunch program computed for the year three years prior to
the base year, divided by (B) the sum of the number of pupils in kinder-
garten through grade six on a regular enrollment register  of  a  public
school  district  on  the date enrollment was counted in accordance with
this subdivision for the year prior to the base year, plus  such  number
of  pupils  in  kindergarten  through  grade six on a regular enrollment
register of a public school district computed for  the  year  two  years
prior  to  the  base  year,  plus  such number of pupils in kindergarten
through grade six on a regular enrollment register of  a  public  school
district  computed  for the year three years prior to the base year] THE
THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT; and
  (ii) "Census count" shall  mean  the  product  of  the  public  school
enrollment  of the school district on the date enrollment was counted in
accordance with this subdivision for the base  year  multiplied  by  the
quotient  of  the  number  of  persons aged five to seventeen within the
school district, based on the most recent decennial census as  tabulated
by  the  National  Center  on Education Statistics, who were enrolled in
public schools and whose families had incomes below the  poverty  level,
divided by the total number of persons aged five to seventeen within the
school  district,  based  on such decennial census, who were enrolled in
public schools, computed to four decimals without rounding.
  AA.   "TOTAL PERSONAL INCOME  OF  THE  STATE"  SHALL  MEAN  THE  TOTAL
PERSONAL  INCOME  OF  THE  STATE  OF NEW YORK AS PUBLISHED BY THE UNITED
STATES DEPARTMENT OF COMMERCE OR ANY SUCCESSOR AGENCY FROM WHICH  INFOR-
MATION  IS  AVAILABLE,  AGGREGATED ON A STATE FISCAL YEAR BASIS. FOR THE
TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL  YEAR,  SUCH  PERSONAL
INCOME  SHALL BE BASED ON THE DATA AVAILABLE MOST PROXIMATE AND PRIOR TO
FEBRUARY FIRST, TWO THOUSAND ELEVEN, AND FOR THE TWO THOUSAND  THIRTEEN-
-TWO THOUSAND FOURTEEN SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, SUCH
PERSONAL  INCOME SHALL BE BASED ON THE DATA AVAILABLE MOST PROXIMATE AND
PRIOR TO OCTOBER THIRTY-FIRST OF THE BASE YEAR. SUBSEQUENT REVISIONS  OF
THE PUBLISHED ESTIMATED DOLLAR AMOUNT FOR ANY STATE FISCAL YEAR ESTIMATE
EMPLOYED  PURSUANT  TO  THE  TERMS  OF THIS SECTION SHALL NOT AFFECT THE
VALIDITY OF THE DETERMINATIONS MADE FOR ANY STATE FISCAL YEAR.
  BB. "PERSONAL INCOME GROWTH INDEX" SHALL MEAN (1) FOR THE TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, THE AVERAGE OF THE  QUOTIENTS
FOR  EACH  YEAR IN THE PERIOD COMMENCING WITH THE TWO THOUSAND FIVE--TWO
THOUSAND SIX STATE FISCAL YEAR  AND  FINISHING  WITH  THE  TWO  THOUSAND
NINE--TWO THOUSAND TEN STATE FISCAL YEAR OF THE TOTAL PERSONAL INCOME OF

S. 2808--C                         11                         A. 4008--C

THE STATE FOR EACH SUCH YEAR DIVIDED BY THE TOTAL PERSONAL INCOME OF THE
STATE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, BUT NOT LESS THAN
ONE  AND (2) FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL
YEAR AND EACH SCHOOL YEAR THEREAFTER, THE QUOTIENT OF THE TOTAL PERSONAL
INCOME  OF  THE  STATE  FOR  THE STATE FISCAL YEAR ONE YEAR PRIOR TO THE
STATE FISCAL YEAR IN WHICH THE BASE YEAR COMMENCED DIVIDED BY THE  TOTAL
PERSONAL  INCOME OF THE STATE FOR THE IMMEDIATELY PRECEDING STATE FISCAL
YEAR, BUT NOT LESS THAN ONE.
  CC. "GAP ELIMINATION ADJUSTMENT PERCENTAGE" SHALL MEAN THE QUOTIENT OF
THE GAP ELIMINATION ADJUSTMENT AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT
AS "GAP ELIMINATION ADJUSTMENT" UNDER  THE  HEADING  "2011-12  ESTIMATED
AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT  OF THE ENACTED BUDGET FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR AND ENTITLED  "SA111-2",  DIVIDED  BY  THE  STATEWIDE
TOTAL  OF  ALL SUCH GAP ELIMINATION ADJUSTMENT AMOUNTS SET FORTH FOR ALL
DISTRICTS IN SUCH SCHOOL AID COMPUTER LISTING.
  DD. "ALLOWABLE GROWTH AMOUNT" SHALL MEAN THE PRODUCT OF  THE  POSITIVE
DIFFERENCE  OF THE PERSONAL INCOME GROWTH INDEX MINUS ONE, MULTIPLIED BY
THE STATEWIDE TOTAL OF THE APPORTIONMENTS, INCLUDING THE GAP ELIMINATION
ADJUSTMENT, DUE AND OWING DURING THE BASE YEAR, COMMENCING WITH THE BASE
YEAR COMPUTED FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN  SCHOOL
YEAR, TO SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
FROM  THE  GENERAL  SUPPORT  FOR  PUBLIC SCHOOLS AS COMPUTED BASED ON AN
ELECTRONIC DATA FILE USED TO PRODUCE THE  SCHOOL  AID  COMPUTER  LISTING
PRODUCED  BY  THE  COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE
BASE YEAR.
  EE.  "COMPETITIVE  AWARDS  AMOUNT"  SHALL  MEAN,  FOR   TWO   THOUSAND
TWELVE--TWO  THOUSAND THIRTEEN STATE FISCAL YEAR, FIFTY MILLION DOLLARS,
AND FOR TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND THEREAFTER, THE
PRODUCT OF THE PERSONAL INCOME GROWTH INDEX MULTIPLIED BY THE BASE  YEAR
COMPETITIVE AWARDS AMOUNT.
  FF.  "PRELIMINARY GROWTH AMOUNT" SHALL MEAN THE DIFFERENCE BETWEEN THE
STATEWIDE TOTAL,  EXCLUDING  THE  APPORTIONMENTS  COMPUTED  PURSUANT  TO
SUBDIVISIONS FOUR AND SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THE
EDUCATION  LAW,  OF  THE APPORTIONMENTS DUE AND OWING DURING THE CURRENT
SCHOOL YEAR, COMMENCING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIR-
TEEN SCHOOL YEAR, TO SCHOOL DISTRICTS AND BOARDS OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES FROM THE GENERAL SUPPORT FOR PUBLIC SCHOOLS AS COMPUTED
BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  ENACTED  BUDGET
FOR  THE  CURRENT YEAR, LESS THE STATEWIDE TOTAL OF SUCH APPORTIONMENTS,
EXCLUDING THE APPORTIONMENTS COMPUTED PURSUANT TO SUBDIVISIONS FOUR  AND
SEVENTEEN  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW, DUE
AND OWING DURING THE BASE SCHOOL YEAR TO SCHOOL DISTRICTS AND BOARDS  OF
COOPERATIVE  EDUCATIONAL  SERVICES  FROM  THE GENERAL SUPPORT FOR PUBLIC
SCHOOLS AS COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT  OF
THE ENACTED BUDGET FOR THE CURRENT YEAR.
  GG.  "ALLOCABLE  GROWTH AMOUNT" SHALL MEAN THE POSITIVE DIFFERENCE, IF
ANY, OF THE ALLOWABLE GROWTH AMOUNT LESS  THE  SUM  OF  THE  COMPETITIVE
AWARDS AMOUNT PLUS THE PRELIMINARY GROWTH AMOUNT.
  S  26.  Subdivision 4 of section 3602 of the education law, as amended
by section 14 of part B of chapter 57 of the laws of 2008,  the  opening
paragraph,  subparagraph  1  of  paragraph a and paragraphs b and b-1 as
amended by section 13 of part A of chapter 57 of the laws  of  2009,  is
amended to read as follows:

S. 2808--C                         12                         A. 4008--C

  4.  Total  foundation  aid.    In  addition to any other apportionment
pursuant to this chapter, a school district, other than  a  special  act
school district as defined in subdivision eight of section four thousand
one of this chapter, shall be eligible for total foundation aid equal to
the  product  of  total aidable foundation pupil units multiplied by the
district's selected foundation aid, which shall be the greater  of  five
hundred dollars ($500) or foundation formula aid, provided, however that
for  the  two  thousand  seven--two  thousand eight through two thousand
eight--two thousand nine [and two thousand eleven--two  thousand  twelve
through  two  thousand  twelve--two  thousand thirteen] school years, no
school district shall receive total foundation aid in excess of the  sum
of  the  total  foundation  aid base for aid payable in the two thousand
seven--two thousand eight school year computed pursuant to  subparagraph
(i) of paragraph j of subdivision one of this section, plus the phase-in
foundation  increase  computed  pursuant to paragraph b of this subdivi-
sion, AND PROVIDED FURTHER THAT FOR THE TWO THOUSAND  TWELVE--TWO  THOU-
SAND  THIRTEEN  SCHOOL  YEAR  AND  THEREAFTER,  NO SCHOOL DISTRICT SHALL
RECEIVE TOTAL FOUNDATION AID IN EXCESS OF THE SUM OF THE  TOTAL  FOUNDA-
TION  AID  BASE FOR AID PAYABLE IN THE TWO THOUSAND TWELVE--TWO THOUSAND
THIRTEEN SCHOOL YEAR COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE
OF THIS SECTION, PLUS THE PHASE-IN FOUNDATION INCREASE COMPUTED PURSUANT
TO PARAGRAPH B OF THIS SUBDIVISION,  and  provided  further  that  total
foundation  aid  shall not be less than the product of the total founda-
tion aid base computed pursuant to paragraph j  of  subdivision  one  of
this  section and one hundred three percent SUBJECT TO ALLOCATION PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION EIGHTEEN OF THIS  SECTION  AND  ANY
PROVISIONS  OF  A  CHAPTER OF THE LAWS OF NEW YORK AS DESCRIBED THEREIN,
nor more than the product of such total  foundation  aid  base  and  one
hundred  fifteen percent, and provided further that for the two thousand
nine--two thousand ten  [and  two  thousand  ten--two  thousand  eleven]
THROUGH  TWO  THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE school years, each
school district shall receive total foundation aid in an amount equal to
the amount apportioned to such school  district  for  the  two  thousand
eight--two thousand nine school year pursuant to this subdivision. Total
aidable foundation pupil units shall be calculated pursuant to paragraph
g  of  subdivision two of this section.  For the purposes of calculating
aid pursuant to this subdivision, aid for the city  school  district  of
the city of New York shall be calculated on a citywide basis.
  a.  Foundation  formula  aid.  Foundation  formula aid shall equal the
remainder when the expected minimum  local  contribution  is  subtracted
from  the product of the foundation amount, the regional cost index, and
the pupil need index, or: (foundation amount x  regional  cost  index  x
pupil need index)- expected minimum local contribution.
  (1)  The foundation amount shall reflect the average per pupil cost of
general education instruction in successful school districts, as  deter-
mined  by  a  statistical analysis of the costs of special education and
general education in successful  school  districts,  provided  that  the
foundation  amount  shall be adjusted annually to reflect the percentage
increase in the consumer price index as computed pursuant to section two
thousand twenty-two of this chapter, provided that for the two  thousand
eight--two  thousand  nine  school year, for the purpose of such adjust-
ment, the percentage increase in  the  consumer  price  index  shall  be
deemed  to  be two and nine-tenths percent (0.029), and provided further
that the foundation amount for  the  two  thousand  seven--two  thousand
eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
dollars, and provided further that for the two thousand seven--two thou-

S. 2808--C                         13                         A. 4008--C

sand eight through [two  thousand  twelve--two  thousand  thirteen]  TWO
THOUSAND  FIFTEEN--TWO THOUSAND SIXTEEN school years, [such] THE founda-
tion amount shall be further adjusted by the phase-in foundation percent
established pursuant to paragraph b of this subdivision.
  (2)  The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that  require
similar  credentials  to  those of positions in the education field, but
not including those occupations in the education  field,  provided  that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
          Labor Force Region  Index
          Capital District    1.124
          Southern Tier       1.045
          Western New York    1.091
          Hudson Valley       1.314
          Long Island/NYC     1.425
          Finger Lakes        1.141
          Central New York    1.103
          Mohawk Valley       1.000
          North Country       1.000
  (3)  The pupil need index shall equal the sum of one plus the extraor-
dinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two. The extraordinary needs  percent
shall  be  calculated pursuant to paragraph w of subdivision one of this
section.
  (4) The expected minimum local contribution shall equal the lesser  of
(i)  the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units,  multiplied
by  (B)  the  product  of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of  the  foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B)  the  positive  difference,  if  any, of one minus the state sharing
ratio for total foundation aid. The local tax  factor  shall  be  estab-
lished by May first of each year by determining the product, computed to
four  decimal  places  without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the  provisions
of  paragraph  e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with  such  provisions  plus  the
statewide  average  tax  rate  computed by the commissioner for the year
prior to the base year in accordance with such  provisions,  divided  by
three,  provided  however  that for the two thousand seven--two thousand
eight school year, such local tax factor shall  be  sixteen  thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand  nine  school  year,  such  local  tax  factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum  local  contribution  the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index  shall  not  be
more  than  ninety-five  percent  (0.95) for the two thousand eight--two
thousand nine school year. The selected actual valuation shall be calcu-
lated pursuant to paragraph c of subdivision one of this section.  Total

S. 2808--C                         14                         A. 4008--C

wealth  foundation pupil units shall be calculated pursuant to paragraph
h of subdivision two of this section.
  b. Phase-in foundation increase.  (1) The phase-in foundation increase
shall  equal  the  product  of  the  phase-in foundation increase factor
multiplied by the greater of (i) the positive difference, if any, of (A)
the product of the total aidable foundation pupil  units  multiplied  by
the district's selected foundation aid less (B) the total foundation aid
base for aid payable in the [two thousand seven--two thousand eight] TWO
THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE school year computed pursuant to
[subparagraph (i) of] paragraph j of subdivision one of this section  or
(ii)  the  product of the phase-in due-minimum percent multiplied by the
total foundation aid base for aid payable in the two thousand seven--two
thousand eight school year computed  pursuant  to  subparagraph  (i)  of
paragraph j of subdivision one of this section.
  (2)  [For  the two thousand seven--two thousand eight school year, the
phase-in foundation percent shall equal one  hundred  seven  and  sixty-
eight  hundredths  percent  (1.0768),  the  phase-in foundation increase
factor shall equal twenty percent (0.20), and the  phase-in  due-minimum
percent shall equal twelve and fifty-five hundredths percent (0.1255);
  for  the two thousand eight--two thousand nine school year, the phase-
in foundation percent  shall  equal  one  hundred  five  and  twenty-six
hundredths  percent  (1.0526),  the  phase-in foundation increase factor
shall equal thirty-seven and one-half percent (0.375), and the  phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
  for  the two thousand nine--two thousand ten school year, the phase-in
foundation percent shall equal one hundred two and five  tenths  percent
(1.025), the phase-in foundation increase factor shall equal thirty-sev-
en  and  one-half  percent (0.375), and the phase-in due-minimum percent
shall equal twelve and fifty-five hundredths percent (0.1255)
  for the two thousand ten--two thousand eleven school year, the  phase-
in  foundation  percent  shall  equal  one hundred seven and sixty-eight
hundredths percent (1.0768), the  phase-in  foundation  increase  factor
shall  equal thirty-seven and one-half percent (0.375), and the phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
  for the two thousand eleven--two thousand twelve school year, the] THE
phase-in foundation percent  shall  equal  [one  hundred  five  and  six
hundredths  percent  (1.0506),  the  phase-in foundation increase factor
shall equal fifty-three and one-tenth percent (0.531), and the  phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255); and
  for  the  two  thousand twelve--two thousand thirteen school year, the
phase-in foundation  percent  shall  equal  one  hundred  two  and  five
hundredths  percent  (1.0250),  the  phase-in foundation increase factor
shall equal seventy-five percent (0.75), and  the  phase-in  due-minimum
percent  shall  equal twelve and fifty-five hundredths percent (0.1255)]
ONE HUNDRED THIRTEEN AND FOURTEEN ONE HUNDREDTHS  PERCENT  (1.1314)  FOR
THE  TWO  THOUSAND  ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, ONE HUNDRED
TEN AND THIRTY-EIGHT HUNDREDTHS PERCENT (1.1038) FOR  THE  TWO  THOUSAND
TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR, ONE HUNDRED SEVEN AND SIXTY-
EIGHT HUNDREDTHS PERCENT (1.0768) FOR  THE  TWO  THOUSAND  THIRTEEN--TWO
THOUSAND  FOURTEEN  SCHOOL  YEAR,  ONE  HUNDRED  FIVE AND SIX HUNDREDTHS
PERCENT (1.0506) FOR THE TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN
SCHOOL  YEAR,  AND  ONE HUNDRED TWO AND FIVE TENTHS PERCENT (1.0250) FOR
THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR.

S. 2808--C                         15                         A. 4008--C

  FOR THE TWO THOUSAND ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR,  THE
PHASE-IN   FOUNDATION  INCREASE  FACTOR  SHALL  EQUAL  THIRTY-SEVEN  AND
ONE-HALF PERCENT (0.375) AND THE  PHASE-IN  DUE  MINIMUM  PERCENT  SHALL
EQUAL  NINETEEN  AND  FORTY-ONE HUNDREDTHS PERCENT (0.1941), AND FOR THE
TWO  THOUSAND  TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER
THE  COMMISSIONER  SHALL  ANNUALLY  DETERMINE  THE  PHASE-IN  FOUNDATION
INCREASE  FACTOR  SUBJECT  TO  ALLOCATION  PURSUANT TO THE PROVISIONS OF
SUBDIVISION EIGHTEEN OF THIS SECTION AND ANY PROVISIONS OF A CHAPTER  OF
THE LAWS OF NEW YORK AS DESCRIBED THEREIN.
  b-1.  Notwithstanding  any other provision of law to the contrary, for
the two thousand seven--two thousand eight through [two  thousand  thir-
teen--two  thousand  fourteen]  school  [years] YEAR AND THEREAFTER, the
additional amount payable to  each  school  district  pursuant  to  this
subdivision in the current year as total foundation aid, after deducting
the  total  foundation  aid  base,  shall be deemed a state grant in aid
identified by the commissioner for general use for purposes of  sections
seventeen  hundred  eighteen and two thousand twenty-three of this chap-
ter.
  c. Public excess cost aid setaside. Each  school  district  shall  set
aside from its total foundation aid computed for the current year pursu-
ant  to  this  subdivision  an  amount  equal to the product of: (i) the
difference between the  amount  the  school  district  was  eligible  to
receive in the two thousand six--two thousand seven school year pursuant
to  or  in lieu of paragraph six of subdivision nineteen of this section
as such paragraph existed on June thirtieth, two thousand  seven,  minus
the  amount such district was eligible to receive pursuant to or in lieu
of paragraph five of subdivision nineteen of this section as such  para-
graph  existed  on  June  thirtieth,  two thousand seven, in such school
year, and (ii) the sum of one and the percentage increase in the consum-
er price index for the current year over such consumer price  index  for
the two thousand six--two thousand seven school year, as computed pursu-
ant  to section two thousand twenty-two of this chapter. Notwithstanding
any other provision of law to the contrary, the public excess  cost  aid
setaside  shall be paid pursuant to section thirty-six hundred nine-b of
this part.
  S 27. The closing paragraph of subdivision 5-a of section 3602 of  the
education  law,  as amended by section 14 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
  For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the  product  of
fifteen  percent  and  the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand  eight  school
year.  For  the  two  thousand  nine--two thousand ten [and] THROUGH two
thousand [ten] TWELVE--two thousand [eleven] THIRTEEN school years, each
school district shall be entitled  to  an  apportionment  equal  to  the
amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
computer  listing  produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten  school  year  and  entitled
"SA0910".
  S 28. Intentionally omitted.
  S  29. Clause (c) of subparagraph 1 of paragraph e of subdivision 6 of
section 3602 of the education law, as amended by section 3 of  part  A-3
of chapter 58 of the laws of 2006, is amended to read as follows:
  (c)  By the first day of September of the current year the comptroller
of the city of New York shall provide to the commissioner  an  analysis,

S. 2808--C                         16                         A. 4008--C

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

S. 2808--C                         17                         A. 4008--C

  S 32. Clause (vi) of subparagraph 1 of paragraph c of  subdivision  14
of section 3602 of the education law, as amended by section 34 of part B
of chapter 57 of the laws of 2008, is amended to read as follows:
  (vi)  where  such proposed reorganization includes at least two school
districts employing eight or more teachers forming a central high school
district pursuant to section nineteen hundred thirteen of this  chapter,
beginning  with  July  first,  nineteen  hundred sixty-five or the first
school year of operation as a reorganized district after such date, such
reorganized school district shall be entitled to  an  additional  appor-
tionment  of twenty-five per centum of the sum of: (A) its apportionment
as provided in subdivision six of this section whenever such  apportion-
ment is computed on the basis of its approved base year expenditures for
capital  outlay  from  its  general, capital, or a reserve fund incurred
prior to July first, two thousand one, or on the basis of  its  approved
base year expenditures for capital outlay from its general, capital or a
reserve  fund  incurred in the two thousand one--two thousand two school
year and computed pursuant to subdivision six of this section as if such
expenditures were aidable  under  such  subdivision,  and  current  year
approved  expenditures for debt service for school building purposes and
(B) its apportionment as provided in subdivision six  of  this  section,
the  general contracts for which shall have been awarded on or after the
date this act takes effect and prior to July first, two thousand ten, OR
PRIOR TO JULY FIRST, TWO THOUSAND TWELVE WHERE  SUCH  GENERAL  CONTRACTS
ARE  FOR PROJECTS WITH COMPLETE FINAL PLANS AND SPECIFICATIONS FILED FOR
APPROVAL WITH THE COMMISSIONER PRIOR TO JULY FIRST, TWO THOUSAND TEN, or
within ten years from the effective date of reorganization, whichever is
later as provided in subdivision six of this section, and which said sum
shall be payable for and during the terms of  any  indebtedness  created
for  the  purpose  of  financing  such construction or other facility as
aforesaid, provided however, that in no event may the  total  apportion-
ment  under  this paragraph, under subdivision twelve of section thirty-
six hundred forty-one of this article, and under  subdivisions  six  and
six-f  of this section for any project exceed the product of (1) ninety-
eight percent for a high need school district, as  defined  pursuant  to
guidelines  of  the commissioner for the two thousand five--two thousand
six school year, for all school building projects approved by the voters
of the school district or by the board of education  of  a  city  school
district  in  a  city  with  more  than one hundred twenty-five thousand
inhabitants, and/or the chancellor in a city school district in  a  city
having  a population of one million or more, on or after July first, two
thousand five, or ninety-five per cent for  any  other  school  building
project  or  school district, multiplied by (2) the sum of the base year
approved expenditures for capital outlay for  school  building  purposes
from  the general fund, capital fund or from a reserve fund, and current
year approved expenditures for debt service for such purposes  for  such
project.
  S 33. Intentionally omitted.
  S 34. Intentionally omitted.
  S 35. Subdivision 12 of section 3602 of the education law, as added by
section  19  of  part  B  of chapter 57 of the laws of 2008, the closing
paragraph as added by section 18 of part A of chapter 57 of the laws  of
2009, is amended to read as follows:
  12. Academic enhancement aid. A school district that as of April first
of  the base year has been continuously identified as a district in need
of improvement for at least five  years  shall,  for  the  two  thousand
eight--two  thousand  nine  school  year,  be  entitled to an additional

S. 2808--C                         18                         A. 4008--C

apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the  total  foundation  aid
base,  as  defined  by  paragraph  j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the  sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six  hundred
forty-one  of  this  [act]  ARTICLE,  less (ii) the total foundation aid
base.
  For the two thousand nine--two thousand ten [and] THROUGH two thousand
[ten] TWELVE--two thousand [eleven] THIRTEEN school years,  each  school
district  shall  be entitled to an apportionment equal to the amount set
forth for such school district as "EDUCATION GRANTS, ACADEMIC EN"  under
the  heading "2008-09 BASE YEAR AIDS" in the school aid computer listing
produced by the commissioner in support of the budget for the two  thou-
sand  nine--two thousand ten school year and entitled "SA0910", and such
apportionment shall be deemed to satisfy the state obligation to provide
an apportionment pursuant to subdivision  eight  of  section  thirty-six
hundred forty-one of this article.
  S  36.  The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 19 of part A of chapter 57  of  the
laws of 2009, is amended to read as follows:
  Each  school  district  shall  be  eligible  to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school  year,
which  shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment  received
by  the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year,  multiplied  by  the  due-minimum
factor,  which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b  of  subdivision  three  of  this
section that is less than two, seventy percent (0.70), and for all other
districts,  fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the  two  thousand  nine--two
thousand  ten  [and]  THROUGH  two  thousand  [ten] TWELVE--two thousand
[eleven] THIRTEEN school years in the amount set forth for  such  school
district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
the  school aid computer listing produced by the commissioner in support
of the budget for the two thousand nine--two thousand  ten  school  year
and entitled "SA0910".
  S  37.  Section 3602 of the education law is amended by adding two new
subdivisions 17 and 18 to read as follows:
  17. GAP ELIMINATION ADJUSTMENT. A. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL REDUCE  PAYMENTS  DUE  TO
EACH  DISTRICT  FOR  THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR AND THEREAFTER PURSUANT TO SECTION  THIRTY-SIX  HUNDRED  NINE-A  OF
THIS  ARTICLE  BY  AN  AMOUNT  EQUAL  TO  THE GAP ELIMINATION ADJUSTMENT
COMPUTED FOR SUCH DISTRICT, AND  SUCH  AMOUNT  SHALL  BE  DEDUCTED  FROM
MONEYS  APPORTIONED  FOR  THE PURPOSES OF PAYMENTS MADE PURSUANT TO SUCH
SECTION THIRTY-SIX HUNDRED NINE-A AND IF THE REDUCTION IS  GREATER  THAN
THE  SUM  OF THE AMOUNTS AVAILABLE FOR SUCH DEDUCTIONS, THE REMAINDER OF
THE REDUCTION SHALL BE WITHHELD FROM PAYMENTS SCHEDULED TO  BE  MADE  TO
THE  DISTRICT  PURSUANT  TO  SECTION  THIRTY-SIX  HUNDRED NINE-A FOR THE
FOLLOWING SCHOOL YEAR, AND PROVIDED FURTHER THAT AN AMOUNT EQUAL TO  THE
AMOUNT  OF  SUCH  DEDUCTION  SHALL  BE  DEEMED  TO HAVE BEEN PAID TO THE
DISTRICT PURSUANT TO THIS SECTION FOR THE  SCHOOL  YEAR  IN  WHICH  SUCH

S. 2808--C                         19                         A. 4008--C

DEDUCTION  IS  MADE. THE COMMISSIONER SHALL COMPUTE SUCH GAP ELIMINATION
ADJUSTMENT AND SHALL PROVIDE A SCHEDULE OF SUCH REDUCTION IN PAYMENTS TO
THE STATE COMPTROLLER, THE DIRECTOR OF THE  BUDGET,  THE  CHAIR  OF  THE
SENATE  FINANCE  COMMITTEE  AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE.
  B. THE GAP ELIMINATION ADJUSTMENT FOR  THE  TWO  THOUSAND  ELEVEN--TWO
THOUSAND  TWELVE  SCHOOL  YEAR SHALL BE COMPUTED AS FOLLOWS, BASED ON AN
UPDATED ELECTRONIC DATE FILE CONTAINING ACTUAL AND ESTIMATED DATA RELAT-
ING TO APPORTIONMENTS DUE AND OWING DURING THE CURRENT SCHOOL  YEAR  AND
PROJECTIONS  OF  SUCH  APPORTIONMENTS  FOR  THE FOLLOWING SCHOOL YEAR TO
SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FROM THE
GENERAL SUPPORT FOR PUBLIC SCHOOLS, GROWTH  AND  BOARDS  OF  COOPERATIVE
EDUCATIONAL  SERVICES APPROPRIATIONS PRODUCED PURSUANT TO PARAGRAPH B OF
SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER  ON
FEBRUARY  FIFTEENTH OF THE BASE YEAR. THE GAP ELIMINATION ADJUSTMENT FOR
A DISTRICT SHALL EQUAL THE LESSER OF THE DISTRICT'S PERCENTAGE REDUCTION
AND ITS TGFE CHECK, PROVIDED, HOWEVER, THAT IN THE CASE  OF  A  DISTRICT
WITH  A TAX EFFORT RATIO GREATER THAN FOUR PERCENT (0.04) AND A COMBINED
WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO  SUBPARAGRAPH
TWO  OF  PARAGRAPH  C  OF SUBDIVISION THREE OF THIS SECTION THAT IS LESS
THAN ONE AND FIVE-TENTHS (1.5), THE GAP  ELIMINATION  ADJUSTMENT  FOR  A
DISTRICT  SHALL  EQUAL  THE LESSER OF THE PERCENTAGE REDUCTION, THE TGFE
CHECK AND THE TAX EFFORT REDUCTION, AND FURTHER  PROVIDED  THAT  IN  THE
CASE  OF  A SCHOOL DISTRICT, OTHER THAN A CITY SCHOOL DISTRICT OF A CITY
HAVING A POPULATION IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND,  WITH
(A) AN ADMINISTRATIVE EFFICIENCY RATIO OF LESS THAN ONE AND EIGHT-TENTHS
PERCENT (0.018) AND (B) AN ADMINISTRATIVE EXPENSE PER PUPIL OF LESS THAN
THREE HUNDRED FORTY-EIGHT DOLLARS ($348), THE GAP ELIMINATION ADJUSTMENT
SHALL  BE  REDUCED  BY  AN AMOUNT EQUAL TO THE ADMINISTRATIVE EFFICIENCY
RESTORATION, AND FURTHER PROVIDED THAT, WHERE APPLICABLE, THE GAP ELIMI-
NATION ADJUSTMENT SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE SUM OF  THE
NEEDS-BASED  RESTORATION PLUS THE LOW WEALTH-HIGH TAX EFFORT RESTORATION
PLUS THE ENROLLMENT ADJUSTMENT AWARD.
  (I) THE PERCENTAGE REDUCTION SHALL BE THE SUM OF (A)  THE  PRODUCT  OF
THE  TOTAL AID FOR ADJUSTMENT, MULTIPLIED BY SIX AND FOUR-TENTHS PERCENT
(0.064), AND (B) THE PRODUCT  OF  FOUR  THOUSAND  FOUR  HUNDRED  DOLLARS
($4,400)  MULTIPLIED  BY  THE REDUCTION FACTOR, MULTIPLIED BY THE PUBLIC
SCHOOL DISTRICT ENROLLMENT  FOR  THE  BASE  YEAR  COMPUTED  PURSUANT  TO
SUBPARAGRAPH  TWO  OF  PARAGRAPH  N  OF SUBDIVISION ONE OF THIS SECTION,
PROVIDED, HOWEVER, THAT SUCH PERCENTAGE REDUCTION SHALL NOT BE LESS THAN
THE PRODUCT OF NINE AND ONE-HALF  PERCENT  (0.095)  MULTIPLIED  BY  SUCH
TOTAL  AID  FOR  ADJUSTMENT, AND NOT MORE THAN THE PRODUCT OF TWENTY-ONE
AND FOUR-TENTHS PERCENT (0.214) MULTIPLIED BY SUCH TOTAL AID FOR ADJUST-
MENT.
  (II) THE TAX EFFORT REDUCTION SHALL BE THE PRODUCT OF  THE  TOTAL  AID
FOR  ADJUSTMENT,  MULTIPLIED  BY  THE  QUOTIENT  OF TWENTY-THREE PERCENT
(0.23) DIVIDED BY THE QUOTIENT OF THE TAX EFFORT RATIO COMPUTED PURSUANT
TO SUBPARAGRAPH THREE OF PARAGRAPH A  OF  SUBDIVISION  SIXTEEN  OF  THIS
SECTION  DIVIDED BY FOUR AND TWO HUNDRED FORTY-SEVEN THOUSANDTHS PERCENT
(0.04247), PROVIDED, HOWEVER, THAT SUCH TAX EFFORT REDUCTION  SHALL  NOT
BE  LESS  THAN THE PRODUCT OF THIRTEEN PERCENT (0.13) MULTIPLIED BY SUCH
TOTAL AID FOR ADJUSTMENT, AND NOT MORE THAN THE PRODUCT OF  TWENTY-THREE
PERCENT (0.23) MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT.
  (III)  THE  TGFE CHECK SHALL BE THE PRODUCT OF THE TGFE PERCENTAGE AND
THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE BASE YEAR.

S. 2808--C                         20                         A. 4008--C

  (IV) THE ADMINISTRATIVE EFFICIENCY RESTORATION SHALL BE THE PRODUCT OF
SEVENTY-FIVE DOLLARS ($75),  MULTIPLIED  BY  THE  STATE  SHARING  RATIO,
MULTIPLIED BY THE TOTAL AIDABLE FOUNDATION PUPIL UNITS COMPUTED PURSUANT
TO  PARAGRAPH  G  OF SUBDIVISION TWO OF THIS SECTION FOR THE PURPOSES OF
COMPUTING TOTAL FOUNDATION AID.
  (V) THE NEEDS-BASED RESTORATION SHALL BE THE SUM OF (A) THE PRODUCT OF
THE  NEEDS-BASED GRANT, MULTIPLIED BY THE PUBLIC SCHOOL DISTRICT ENROLL-
MENT FOR THE BASE YEAR COMPUTED PURSUANT TO SUBPARAGRAPH  TWO  OF  PARA-
GRAPH  N  OF  SUBDIVISION  ONE OF SUCH SECTION THIRTY-SIX HUNDRED TWO OF
THIS PART, PLUS (B) IN THE CASE OF ANY DISTRICT FOR WHICH  THE  QUOTIENT
OF  THE  LIMITED  ENGLISH  PROFICIENT  COUNT  FOR THE BASE YEAR COMPUTED
PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF THIS  SECTION  DIVIDED  BY
THE  PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR COMPUTED PURSU-
ANT TO SUBPARAGRAPH TWO OF  PARAGRAPH  N  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  EXCEEDS  THIRTEEN PERCENT (0.13), THE PRODUCT OF THE TOTAL AID
FOR ADJUSTMENT  MULTIPLIED  BY  SEVENTY-FIVE  HUNDREDTHS  OF  A  PERCENT
(0.0075).
  (VI)  THE  LOW  WEALTH-HIGH  TAX  EFFORT RESTORATION SHALL BE, FOR ANY
SCHOOL DISTRICT WITH A TAX EFFORT RATIO GREATER THAN SIX PERCENT  (0.06)
AND  A  COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID THAT IS LESS THAN
SEVEN-TENTHS (0.7), THE PRODUCT OF ONE HUNDRED DOLLARS ($100.00)  MULTI-
PLIED  BY  THE  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT  FOR  THE BASE YEAR
COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION  ONE
OF THIS SECTION.
  (VII)  THE  ENROLLMENT  ADJUSTMENT  AWARD SHALL BE THE PRODUCT OF FIVE
HUNDRED DOLLARS ($500.00) MULTIPLIED BY THE ENROLLMENT INCREASE FOR  ANY
ELIGIBLE  SCHOOL DISTRICT. AN ELIGIBLE SCHOOL DISTRICT SHALL BE A SCHOOL
DISTRICT (A) WITH A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID  LESS
THAN  THREE  (3.0)  AND  AN ENROLLMENT INCREASE GREATER THAN OR EQUAL TO
FORTY-FIVE, WHERE, (B) FOR SUCH SCHOOL DISTRICT, EITHER  THE  ENROLLMENT
INCREASE  IS  GREATER  THAN  ONE  PERCENT  (0.01)  OF  THE PUBLIC SCHOOL
DISTRICT ENROLLMENT FOR THE BASE YEAR OR THE COMBINED WEALTH  RATIO  FOR
TOTAL  FOUNDATION  AID  IS  LESS THAN TWO (2.0). THE ENROLLMENT INCREASE
SHALL BE AS THE POSITIVE  DIFFERENCE  OF  THE  ESTIMATED  PUBLIC  SCHOOL
DISTRICT  ENROLLMENT  FOR THE CURRENT YEAR COMPUTED PURSUANT TO SUBPARA-
GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF  THIS  SECTION  LESS  THE
PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR COMPUTED PURSUANT TO
SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION.
  (VIII)  FOR  THE  PURPOSES  OF  SUCH  COMPUTATION,  (A) "TOTAL AID FOR
ADJUSTMENT" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH FOR EACH  SCHOOL
DISTRICT  AS  "FOUNDATION AID", "FULL DAY K CONVERSION", BOCES + SPECIAL
SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST",  "HARDWARE  &
TECHNOLOGY",   "SOFTWARE,   LIBRARY,   TEXTBOOK",  "TRANSPORTATION  INCL
SUMMER", "OPERATING REORG  INCENTIVE",  "CHARTER  SCHOOL  TRANSITIONAL",
"ACADEMIC  ENHANCEMENT",  "HIGH  TAX  AID"  AND "SUPPLEMENTAL PUB EXCESS
COST" UNDER THE HEADING "2011-12  ESTIMATED  AIDS"  IN  THE  SCHOOL  AID
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE
SCHOOL YEAR;
  (B)  "THE  STATE  SHARING  RATIO"  SHALL  MEAN THE STATE SHARING RATIO
COMPUTED FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO  PARAGRAPH  G  OF
SUBDIVISION THREE OF THIS SECTION, BUT NOT LESS THAN TEN PERCENT (0.10);
AND
  (C)  "REDUCTION FACTOR" SHALL MEAN THE PRODUCT OF THE POSITIVE REMAIN-
DER OF ONE LESS THE THREE-YEAR AVERAGE  FREE  AND  REDUCED  PRICE  LUNCH
PERCENT  COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH P OF SUBDI-

S. 2808--C                         21                         A. 4008--C

VISION ONE OF THIS SECTION, MULTIPLIED BY THE COMBINED WEALTH RATIO  FOR
TOTAL  FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH
C OF SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  PART;
AND
  (D)  "NEEDS-BASED  GRANT"  SHALL  MEAN,  (1) IN THE CASE OF A DISTRICT
DETERMINED TO BE A HIGH NEED SCHOOL DISTRICT PURSUANT TO CLAUSE  (C)  OF
SUBPARAGRAPH  TWO  OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR
THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT
OF  THE  ENACTED  BUDGET  FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT
SCHOOL YEAR AND ENTITLED "SA0708", HAVING A  NEED-RESOURCE  CATEGORY  OF
THREE  OR  FOUR,  SIXTY-ONE  DOLLARS  ($61.00), AND (2) IN THE CASE OF A
DISTRICT DETERMINED TO BE AN AVERAGE NEED SCHOOL  DISTRICT  PURSUANT  TO
CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS
SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER
IN  SUPPORT  OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOU-
SAND EIGHT SCHOOL YEAR AND ENTITLED  "SA0708",  HAVING  A  NEED-RESOURCE
CATEGORY OF FIVE, FIFTY-FOUR DOLLARS ($54.00).
  (E)  "ADMINISTRATIVE  EFFICIENCY RATIO" SHALL MEAN THE QUOTIENT OF THE
SUM OF THE EXPENDITURES RELATED TO THE  BOARD  OF  EDUCATION,  INCLUDING
EXPENDITURES  FOR  THE  BOARD OF EDUCATION, THE DISTRICT CLERK'S OFFICE,
THE DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE  TAX
COLLECTOR'S  OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS EXPENDI-
TURES FOR CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR  THE  CHIEF
SCHOOL  OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE PERSON-
NEL OFFICE, THE  RECORDS  MANAGEMENT  OFFICER,  PUBLIC  INFORMATION  AND
SERVICES,  FEES  FOR  FISCAL  AGENTS  AND  UNDISTRIBUTED INDIRECT COSTS,
DIVIDED BY THE TOTAL EXPENDITURES CHARGED BY A DISTRICT TO THE  GENERAL,
DEBT SERVICE, AND SPECIAL AID FUNDS, EXCLUDING TRANSFERS FROM THE GENER-
AL FUND TO THE DEBT SERVICE AND SPECIAL AID FUNDS, BASED ON EXPENDITURES
REPORTED BY THE DISTRICT FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE
YEAR,  BASED ON DATA ON FILE FOR AN ELECTRONIC DATA FILE USED TO PRODUCE
THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT
OF THE EXECUTIVE BUDGET REQUEST; AND
  (F)  "ADMINISTRATIVE EXPENSE PER PUPIL" SHALL MEAN THE QUOTIENT OF THE
SUM OF THE EXPENDITURES RELATED TO THE  BOARD  OF  EDUCATION,  INCLUDING
EXPENDITURES  FOR  THE  BOARD OF EDUCATION, THE DISTRICT CLERK'S OFFICE,
THE DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE  TAX
COLLECTOR'S  OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS EXPENDI-
TURES FOR CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR  THE  CHIEF
SCHOOL  OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE PERSON-
NEL OFFICE, THE  RECORDS  MANAGEMENT  OFFICER,  PUBLIC  INFORMATION  AND
SERVICES,  FEES  FOR  FISCAL  AGENTS  AND  UNDISTRIBUTED INDIRECT COSTS,
CHARGED BY A DISTRICT TO THE GENERAL,  DEBT  SERVICE,  AND  SPECIAL  AID
FUNDS,  BASED  ON  EXPENDITURES  REPORTED BY THE DISTRICT FOR THE SCHOOL
YEAR TWO YEARS PRIOR TO THE BASE YEAR,  DIVIDED  BY  THE  PUBLIC  SCHOOL
DISTRICT  ENROLLMENT FOR THE BASE YEAR COMPUTED PURSUANT TO SUBPARAGRAPH
TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION BASED ON  DATA  ON
FILE FOR AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST; AND
  (G) "TGFE PERCENTAGE" SHALL MEAN,
  (1) IN THE CASE OF A DISTRICT DETERMINED  TO  BE  A  HIGH-NEED  SCHOOL
DISTRICT  PURSUANT  TO  CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF
SUBDIVISION SIX OF THIS SECTION FOR  THE  SCHOOL  AID  COMPUTER  LISTING
PRODUCED  BY  THE  COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE

S. 2808--C                         22                         A. 4008--C

TWO  THOUSAND  SEVEN--TWO  THOUSAND  EIGHT  SCHOOL  YEAR  AND   ENTITLED
"SA0708",
  (A)  IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
IN EXCESS OF ONE MILLION INHABITANTS, FOUR AND FIVE HUNDRED THIRTY-SEVEN
THOUSANDTHS PERCENT (0.04537),
  (B) IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A  POPULATION
OF  MORE  THAN  TWO HUNDRED FIFTY THOUSAND INHABITANTS AND LESS THAN ONE
MILLION INHABITANTS ACCORDING TO THE TWO THOUSAND FEDERAL  CENSUS,  FOUR
AND ONE-TENTH PERCENT (0.041),
  (C)  IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
OF MORE THAN TWO HUNDRED TEN THOUSAND  INHABITANTS  AND  LESS  THAN  TWO
HUNDRED FIFTY THOUSAND INHABITANTS ACCORDING TO THE TWO THOUSAND FEDERAL
CENSUS, FOUR AND THIRTEEN HUNDREDTHS PERCENT (0.0413),
  (D)  IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
OF MORE THAN ONE HUNDRED SEVENTY THOUSAND INHABITANTS AND LESS THAN  TWO
HUNDRED  TEN  THOUSAND INHABITANTS ACCORDING TO THE TWO THOUSAND FEDERAL
CENSUS, FIVE AND NINETY-SEVEN HUNDREDTHS PERCENT (0.0597),
  (E) IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A  POPULATION
OF  MORE THAN ONE HUNDRED THOUSAND INHABITANTS AND LESS THAN ONE HUNDRED
SEVENTY THOUSAND INHABITANTS  ACCORDING  TO  THE  TWO  THOUSAND  FEDERAL
CENSUS, FIVE AND FIFTY-THREE HUNDREDTHS PERCENT (0.0553),
  (F)  IN  THE  CASE  OF  ANY  OTHER  SUCH  SCHOOL  DISTRICT WHICH HAS A
THREE-YEAR AVERAGE FREE AND REDUCED PRICE  LUNCH  PERCENT  GREATER  THAN
SEVENTY-FIVE  PERCENT  (0.75) AND WHICH HAS AN ADMINISTRATIVE EFFICIENCY
RATIO LESS THAN ONE AND FIFTY-FIVE HUNDREDTHS PERCENT (0.0155), FOUR AND
NINE HUNDREDTHS PERCENT (0.0409), AND
  (G) FOR ALL OTHER SUCH SCHOOL DISTRICTS, SIX AND EIGHT-TENTHS  PERCENT
(0.068), OR
  (2) IN THE CASE OF ALL OTHER SCHOOL DISTRICTS, ELEVEN PERCENT (0.11).
  C.  THE  GAP  ELIMINATION  ADJUSTMENT FOR THE TWO THOUSAND TWELVE--TWO
THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER SHALL BE EQUAL TO  THE  GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR, PLUS, IN ANY YEAR IN WHICH THE
PRELIMINARY GROWTH AMOUNT EXCEEDS THE ALLOWABLE GROWTH AMOUNT, THE PROD-
UCT  OF  THE GAP ELIMINATION ADJUSTMENT PERCENTAGE FOR SUCH DISTRICT AND
THE POSITIVE DIFFERENCE, IF ANY, BETWEEN THE PRELIMINARY  GROWTH  AMOUNT
LESS  THE  ALLOWABLE  GROWTH AMOUNT, AS COMPUTED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION, AND LESS THE PRODUCT OF THE GAP ELIMINATION ADJUST-
MENT PERCENTAGE FOR SUCH DISTRICT AND  THE  GAP  ELIMINATION  ADJUSTMENT
RESTORATION  AMOUNT,  IF ANY, ALLOCATED PURSUANT TO SUBDIVISION EIGHTEEN
OF THIS SECTION.
  18. ALLOCABLE GROWTH AMOUNT  APPORTIONMENT.    SUCH  AMOUNT  SHALL  BE
APPORTIONED  FOR  A SCHOOL YEAR PURSUANT TO A CHAPTER OF THE LAWS OF NEW
YORK ENACTED FOR THE  STATE  FISCAL  YEAR  IN  WHICH  SUCH  SCHOOL  YEAR
COMMENCES,  AND SHALL BE ALLOCATED TO PURPOSES INCLUDING BUT NOT LIMITED
TO COMPETITIVE GRANT AWARDS MADE PURSUANT TO SUBDIVISIONS FIVE  AND  SIX
OF  SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, THE FOUNDATION
AID PHASE-IN AMOUNT OR OTHER FOUNDATION AID INCREASE ALLOCATED  PURSUANT
TO  SUBDIVISION  FOUR OF THIS SECTION AND THE GAP ELIMINATION ADJUSTMENT
RESTORATION AMOUNT APPORTIONED PURSUANT TO SUBDIVISION SEVENTEEN OF THIS
SECTION. IN THE EVENT THAT A CHAPTER OF THE LAWS OF NEW YORK ENACTED FOR
THE STATE FISCAL YEAR  IN  WHICH  SUCH  SCHOOL  YEAR  COMMENCES  IS  NOT
ENACTED,  THE  ALLOCATIONS  IN  SUPPORT  OF SUBDIVISIONS FIVE AND SIX OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS  ARTICLE  SHALL  EQUAL  THE
ALLOCATIONS  IN  SUPPORT OF SUCH AWARDS IN THE BASE YEAR, AND THE APPOR-
TIONMENTS PURSUANT TO SUBDIVISIONS FOUR AND SEVENTEEN  OF  THIS  SECTION

S. 2808--C                         23                         A. 4008--C

FOR  THE  CURRENT  YEAR SHALL EQUAL THE APPORTIONMENTS FOR SUCH SUBDIVI-
SIONS FOUR AND SEVENTEEN FOR THE BASE YEAR.
  S 38. The opening paragraph of subdivision 10 of section 3602-e of the
education  law,  as amended by section 21 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
  Notwithstanding any provision of law to the contrary, for aid  payable
in  the  two thousand eight--two thousand nine school year, the grant to
each eligible school district for universal prekindergarten aid shall be
computed pursuant to this subdivision, and for the two  thousand  nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each  school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the  elec-
tronic  data  file  produced  by  the commissioner in support of the two
thousand nine--two thousand ten education, labor and  family  assistance
budget,  provided,  however, that in the case of a district implementing
programs for the first time or implementing expansion  programs  in  the
two  thousand  eight--two  thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as  provided
in  section  151-1.4 of the regulations of the commissioner, FOR THE TWO
THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
EN SCHOOL YEARS, such school district shall be eligible  for  a  maximum
grant  equal  to the amount computed pursuant to paragraph a of subdivi-
sion nine of this section in the two thousand eight--two  thousand  nine
school  year,  AND  FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND
TWO THOUSAND TWELVE--TWO THOUSAND  THIRTEEN  SCHOOL  YEARS  EACH  SCHOOL
DISTRICT  SHALL  BE ELIGIBLE FOR A MAXIMUM GRANT EQUAL TO THE AMOUNT SET
FORTH FOR SUCH SCHOOL DISTRICT AS "UNIVERSAL PREKINDERGARTEN" UNDER  THE
HEADING  "2011-12  ESTIMATED  AIDS"  IN  THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED  BUDGET  FOR  THE
2011-12  SCHOOL  YEAR  AND ENTITLED "SA111-2", and provided further that
the maximum grant shall not exceed the total actual  grant  expenditures
incurred  by  the school district in the current school year as approved
by the commissioner.
  S 39. Intentionally omitted.
  S 40. The opening paragraph of section 3609-a of the education law, as
amended by section 22 of part A of chapter 57 of the laws  of  2009,  is
amended to read as follows:
  For  aid  payable in the two thousand seven--two thousand eight school
year and thereafter, "moneys apportioned" shall mean the lesser  of  (i)
the  sum  of  one hundred percent of the respective amount set forth for
each school district as payable pursuant to this section in  the  school
aid  computer  listing for the current year produced by the commissioner
in support of the budget which includes the appropriation for the gener-
al support for public schools for the prescribed payments  and  individ-
ualized  payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to  subdi-
vision  six-a  and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions  to  current  year  aids  pursuant  to
subdivision seven of section thirty-six hundred four of this part or any
deduction  from  apportionment  payable  pursuant  to  this  chapter for
collection of a school district basic contribution as defined in  subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants  provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law,  less  any
grants  provided  pursuant  to  subdivision twelve of section thirty-six
hundred forty-one of this article, or (ii) the apportionment  calculated

S. 2808--C                         24                         A. 4008--C

by  the  commissioner  based  on data on file at the time the payment is
processed; provided however, that for the purposes of any payments  made
pursuant  to this section prior to the first business day of June of the
current  year,  moneys  apportioned  shall  not include any aids payable
pursuant to subdivisions six and fourteen,  if  applicable,  of  section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or  any  aids  payable  for  full-day  kindergarten for the current year
pursuant to subdivision nine of section thirty-six hundred two  of  this
part.  The definitions of "base year" and "current year" as set forth in
subdivision one of section thirty-six hundred two  of  this  part  shall
apply  to  this  section. For aid payable in the [two thousand nine--two
thousand ten] TWO THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE  school  year,
reference  to  such  "school  aid computer listing for the current year"
shall mean the printouts entitled ["SA0910"] "SA111-2".
  S 41. Subparagraphs 2 and 3 of paragraph a and clauses (i), (iv), (v),
(vi) and (vii) of subparagraph 3 of paragraph  b  of  subdivision  1  of
section  3609-a  of the education law, subparagraph 2 of paragraph a and
clauses (v) and (vii) of subparagraph 3 of paragraph  b  as  amended  by
section  32  of part B of chapter 57 of the laws of 2007, subparagraph 3
of paragraph a and clauses (i) and (iv) of subparagraph 3 of paragraph b
as amended by chapter 474 of the laws of 1996 and clause (vi) of subpar-
agraph 3 of paragraph b as added by section 43 of part A of  chapter  60
of the laws of 2000, are amended to read as follows:
  (2)  Lottery  apportionment. Of the estimated moneys to be apportioned
by the commissioner to school  districts  for  the  current  year,  that
portion  payable  pursuant  to section ninety-two-c of the state finance
law, exclusive of the minimum lottery grant provided for the purchase of
textbooks pursuant to subparagraph one of  paragraph  b  of  subdivision
four  of section ninety-two-c of such law and the lottery grant provided
pursuant to subparagraph two-a of paragraph b  of  subdivision  four  of
section  ninety-two-c  of  the state finance law, shall be payable on OR
BEFORE the [first] LAST state business day of September.
  (3) Lottery textbook apportionment. The minimum lottery grant provided
for the purchase of textbooks pursuant to subparagraph one of  paragraph
b  of subdivision four of section ninety-two-c of the state finance law,
shall be payable on or before the [first] LAST  STATE  BUSINESS  day  of
September.
  (i)  Winter payments. The amounts designated for January, February and
March pursuant to clauses (i), (ii) and (iii)  of  subparagraph  two  of
this  paragraph  shall be paid on OR BEFORE the [first] LAST state busi-
ness day of such months.
  (iv) April and May payments. Any amount designated for  and  remaining
to  be paid in April or May pursuant to clauses (iv) and (v) of subpara-
graph two of this paragraph minus any portion of such  amounts  advanced
pursuant  to clause (ii) of this subparagraph shall be paid on OR BEFORE
the [first] LAST state business day of such months.
  (v) June payment. The  moneys  apportioned  to  school  districts  and
designated  for June pursuant to clause (vi) of subparagraph two of this
paragraph shall be paid on OR BEFORE the [first] LAST state business day
of such month, to the extent that moneys are owed  to  school  districts
pursuant  to  this  section  for  the current year, including claims for
current year aid for debt service on bond anticipation notes aidable  in
June  and/or  new  bonds  and  capital notes aidable in June pursuant to
subdivisions six and fourteen,  if  applicable,  of  section  thirty-six
hundred  two  of this [article] PART and claims for current year aid for

S. 2808--C                         25                         A. 4008--C

conversion to full day kindergarten [pursuant  to  subdivision  nine  of
section  thirty-six  hundred  two  of  this  article], after taking into
account any adjustments made in accordance with clauses (ii)  and  (iii)
of this subparagraph, net of any disallowances.
  (vi)  Deferred July payment of certain claims for debt service on bond
anticipation notes and on bonds or capital notes  first  issued  in  the
current  year. The moneys apportioned to school districts for claims for
current year aid for debt service on bond anticipation notes aidable  in
July following the current year and/or new bonds and capital notes aida-
ble  in July following the current year pursuant to subdivisions six and
fourteen, if applicable, of  section  thirty-six  hundred  two  of  this
[article]  PART  shall be paid on OR BEFORE the [first] LAST state busi-
ness day of July immediately following the current school year,  to  the
extent that moneys are owed to school districts pursuant to this section
for the current year, net of any disallowances.
  (vii)  Deferred  September  payments.  Any amounts payable to a school
district pursuant to this section which exceeded one hundred percent  of
the respective amount set forth for such district as payable pursuant to
this  section  in the school aid computer listing for the current school
year shall be designated for payment for the  month  of  September  next
following  the  close of the current school year. Such payments shall be
made on OR BEFORE the [first] LAST state business day of  the  month  of
September, based on data on file as of August first.
  S  42.  Clause (iii) of subparagraph 3 of paragraph b of subdivision 1
of section 3609-a of the education law, as amended by section 32 of part
B of chapter 57 of the laws of 2007, is amended to read as follows:
  (iii) Determining final payment for the state fiscal  year.  Prior  to
transmitting  the  March  payment  to  the  state  comptroller, based on
current year, base year and prior school year state aid payments made or
scheduled to be made from the general support for public schools  appro-
priations  for  the  state  fiscal  year  ending March thirty-first, the
commissioner shall determine the extent to which the  amount  designated
for  June pursuant to clause (vi) of subparagraph two of this paragraph,
as adjusted in accordance with clause (ii) of this subparagraph, net  of
any disallowances, would need to be advanced and paid on or before March
thirty-first  in  order  to  use  the  remainder of such appropriations,
EXCLUDING AMOUNTS ASSIGNED TO  THE  DEPARTMENT  OF  HEALTH  PURSUANT  TO
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-B OF THIS ARTICLE, on
or  before  March  thirty-first,  or  to  the extent to which the amount
designated for March would need to be proportionally reduced so  as  not
to  exceed such state fiscal year appropriations. The commissioner shall
report the amount of money required to be advanced or deferred  and  the
percent  it represents of the June or March amounts, as the case may be,
to the director of the budget, the chairperson  of  the  senate  finance
committee  and the chairperson of the assembly ways and means committee.
To the extent that moneys are advanced  or  deferred  pursuant  to  this
paragraph,  they  shall  be  in  the  same  proportion  as  each  school
district's share bears to the total of such June or March  amount.  Upon
approval  of the director of the budget, the commissioner shall transmit
the schedule of any such partial June prepayments or such reduced  March
payments  to  the  state  comptroller.  Any portion of the March payment
deferred shall be added to the June payment; any  portion  of  the  June
payment advanced shall be paid on or before March thirty-first.
  S 43. Subparagraph 4 of paragraph b of subdivision 1 of section 3609-a
of  the  education law, as amended by section 25 of part A of chapter 57
of the laws of 2009, is amended to read as follows:

S. 2808--C                         26                         A. 4008--C

  (4) State share of medicaid reimbursements. For the purposes  of  this
subparagraph,  FOR  AID  PAYABLE  IN  THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SCHOOL YEAR, the first reporting period shall run from May  first
of  the  base year through January thirty-first of the current year, and
the second reporting period shall run from February first of the current
year  through  [April thirtieth] MARCH THIRTY-FIRST of the current year.
FOR AID PAYABLE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND  TWELVE  SCHOOL
YEAR  AND  THEREAFTER,  THE  FIRST REPORTING PERIOD SHALL RUN FROM APRIL
FIRST OF THE BASE YEAR THROUGH  DECEMBER  THIRTY-FIRST  OF  THE  CURRENT
YEAR,  AND  THE  SECOND REPORTING PERIOD SHALL RUN FROM JANUARY FIRST OF
THE CURRENT  YEAR  THROUGH  MARCH  THIRTY-FIRST  OF  THE  CURRENT  YEAR.
Notwithstanding  any inconsistent provisions of law to the contrary, the
sustaining advance payment due any school district  pursuant  to  clause
(ii)  of  subparagraph three of this paragraph in March shall be reduced
by fifty percent of any federal participation during the first reporting
period pursuant to title XIX of the  social  security  act,  in  special
education  programs  provided  pursuant  to  article eighty-nine of this
chapter for services provided on or before June thirtieth, two  thousand
nine; the June payment due any school district pursuant to clause (v) of
subparagraph  three  of this paragraph shall be reduced by fifty percent
of any federal participation during  the  second  reporting  period  for
services  provided  on  or before June thirtieth, two thousand nine. Not
later than ten days after the end of  [a]  THE  FIRST  reporting  period
ENDING  ON  JANUARY  THIRTY-FIRST,  TWO  THOUSAND ELEVEN, NOT LATER THAN
FORTY-ONE DAYS AFTER EACH FIRST  REPORTING  PERIOD  THEREAFTER  AND  NOT
LATER THAN FORTY DAYS AFTER THE END OF EACH SECOND REPORTING PERIOD, the
commissioner  of  health,  as  the  authorized fiscal agent of the state
education department, shall certify to the commissioner and the director
of the budget the total amount of such federal moneys paid to  a  school
district  for such services during such reporting period. Following each
cycle payment, the commissioner of health shall report  to  the  commis-
sioner  the  aggregate  amount of such federal medicaid payments to each
school district. The commissioner shall recoup such  amounts  first,  to
the extent possible, from the specified payment, then by withholding any
other  moneys  due  the school district and finally by direct billing to
any school district still owing moneys to the state. All moneys withheld
or paid to the state on account of this paragraph shall be  credited  by
the  comptroller to the local assistance account for general support for
public schools.
  S 44. Intentionally omitted.
  S 45. Paragraphs a and a-1 of subdivision 1 of section 3609-b  of  the
education law, paragraph a as amended by section 26 and paragraph a-1 as
added  by  section  27  of part A of chapter 57 of the laws of 2009, are
amended to read as follows:
  a. Any  moneys  to  be  apportioned  by  the  commissioner  to  school
districts  during  the school year pursuant to this section for services
provided on or before June thirtieth, two thousand nine THAT WERE  REIM-
BURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEVEN shall,
in  the first instance, be designated as the state share of moneys due a
school district pursuant to title XIX of the  social  security  act,  on
account  of  school supportive health services provided to students with
disabilities in special education programs pursuant to  article  eighty-
nine  of  this chapter and to those pupils who are qualified handicapped
persons as defined in the federal rehabilitation act of nineteen hundred
seventy-three, as amended. Some or  all  of  such  state  share  may  be
assigned  on  behalf of school districts to the department of health, as

S. 2808--C                         27                         A. 4008--C

provided herein; any remaining state  share  moneys  shall  be  paid  to
school districts on the same schedule as the federal share of such title
XIX payments and shall be based on the monthly report of the commission-
er  of health to the commissioner; and any remaining moneys to be appor-
tioned to a school district pursuant to this section shall  be  paid  in
accordance  with  the provisions of subdivision two of this section. The
amount to be assigned to the department of health, as determined by  the
commissioner  of  health,  for  any school district shall not exceed the
federal share of any moneys due such school district pursuant  to  title
XIX.  Moneys  designated  as  state  share  moneys shall be paid to such
school districts based on the submission and approval of claims  related
to  such  school  supportive  health services, in the manner provided by
law.
  a-1. Any moneys to  be  apportioned  by  the  commissioner  to  school
districts  during  the school year pursuant to this section for services
provided during the two thousand nine--two thousand ten school year  and
thereafter,  OR  FOR  SERVICES PROVIDED IN A PRIOR SCHOOL YEAR THAT WERE
NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEV-
EN, shall, in the first instance, be designated as the  state  share  of
moneys due a school district pursuant to title XIX of the social securi-
ty  act,  on  account  of  school supportive health services provided to
students with disabilities in special  education  programs  pursuant  to
article  eighty-nine  of this chapter and to those pupils who are quali-
fied handicapped persons as defined in the federal rehabilitation act of
nineteen hundred seventy-three, as amended. Such state  share  shall  be
assigned  on  behalf of school districts to the department of health, as
provided herein; the amount designated as such nonfederal share shall be
transferred by the commissioner to the department of health based on the
monthly report of the commissioner of health to  the  commissioner;  and
any  remaining moneys to be apportioned to a school district pursuant to
this section shall be paid in accordance with the provisions of subdivi-
sion two of this section. The amount to be assigned to the department of
health, as determined by the commissioner  of  health,  for  any  school
district  shall  not  exceed  the  federal  share of any moneys due such
school district pursuant to title XIX. Moneys designated as state  share
moneys  shall  be  paid  to  such  school districts by the department of
health based on the submission and approval of claims  related  to  such
school supportive health services, in the manner provided by law.
  S  46.  Paragraph  b of subdivision 2 of section 3612 of the education
law, as amended by chapter 2 of the laws of 2011, is amended to read  as
follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into  consideration  the  magnitude  of  any shortage of teachers in the
school district, the number of teachers employed in the school  district
who hold temporary licenses to teach in the public schools of the state,
the  number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the  number  of  new  teachers  the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district,  if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing any other provision of law to the contrary, a city  school  district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of  such  grant  funds  for any recruitment, retention and certification

S. 2808--C                         28                         A. 4008--C

costs associated with transitional certification of  teacher  candidates
for  the  school  years  two thousand one--two thousand two through [two
thousand ten--two thousand eleven]  TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE.
  S 47. Subdivision 6 of section 3622-a of the education law, as amended
by chapter 422 of the laws of 2004, is amended to read as follows:
  6.  Transportation  of  pupils  to  and  from  approved  summer school
programs operated by a school district in the two thousand--two thousand
one school year and thereafter, provided, however,  [that  any  expenses
for which aid is received pursuant to subdivision thirty-nine of section
thirty-six hundred two of this article shall be excluded from the compu-
tation  of  allowable transportation expense, and provided further] that
if the total statewide apportionment attributable to allowable transpor-
tation expenses incurred  pursuant  to  this  subdivision  exceeds  five
million  dollars  ($5,000,000),  individual  school district allocations
shall be prorated to ensure  that  the  apportionment  for  such  summer
transportation  does  not  exceed  five  million  dollars  ($5,000,000),
provided that such prorated apportionment computed  and  payable  as  of
September  one  of the school year immediately following the school year
for which such aid is claimed shall be deemed final and not  subject  to
change; and
  S 48. Intentionally omitted.
  S  49.  Section  3641  of the education law is amended by adding a new
subdivision 7 to read as follows:
  7. SMALL GOVERNMENT  ASSISTANCE.  A.  IN  ADDITION  TO  APPORTIONMENTS
OTHERWISE PROVIDED BY SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE FOR
PAYABLE  IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND
THEREAFTER THE AMOUNTS SPECIFIED IN  PARAGRAPH  B  OF  THIS  SUBDIVISION
SHALL BE PAID TO SCHOOL DISTRICTS FOR SMALL GOVERNMENT ASSISTANCE.
  B.  TO  SCHOOL  DISTRICTS THAT RECEIVED SMALL GOVERNMENT ASSISTANCE IN
THE STATE FISCAL YEAR TWO THOUSAND TEN--TWO THOUSAND ELEVEN, SUCH APPOR-
TIONMENT IN THE SAME AMOUNT SHALL BE APPORTIONED TO SCHOOL DISTRICTS  ON
OR  BEFORE  MARCH THIRTY-FIRST OF THE SCHOOL YEAR UPON AUDIT AND WARRANT
OF THE COMPTROLLER.
  S 50. Intentionally omitted.
  S 51. Section 4204 of the education law, subdivision 1 as  amended  by
chapter 352 of the laws of 1958, is amended to read as follows:
  S 4204. Support  and term of instruction of deaf state pupils. 1. Each
deaf pupil so received into any of the institutions aforesaid  shall  be
provided  with  board,  lodging  and  tuition;  and the directors of the
institution shall receive an appropriation for each  pupil  so  provided
for,  in  quarterly payments, to be paid by the commissioner of taxation
and finance, on the warrant of the comptroller, to the treasurer of said
institution; provided, however, that an estimated one-half of each  such
quarterly  payment  shall  be  due on the first day of each quarter, the
estimate to be based on the affidavit of the chief executive officer  of
the institution stating the number of pupils for whom board, lodging and
tuition  was so provided by the institution during the preceding quarter
and during the comparable quarter of the preceding year, and the remain-
ing part of each such quarterly payment shall be due thereafter  on  the
first  day  of  the  quarter  next ensuing, upon the presentation by the
treasurer of the institution of a  bill  showing  the  actual  time  and
number  of  pupils attending the institution, which bill shall be signed
by the chief executive officer of the institution, and verified  by  his
oath.   THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO BOARD, LODGING

S. 2808--C                         29                         A. 4008--C

AND TUITION FOR THE TWO THOUSAND  TEN--TWO  THOUSAND  ELEVEN  AND  PRIOR
SCHOOL YEARS.
  2.  FOR  EXPENSES  INCURRED  IN  THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR AND THEREAFTER, EACH DEAF PUPIL SO RECEIVED INTO  ANY
OF  THE  INSTITUTIONS  SUBJECT  TO  THIS  ARTICLE SHALL BE PROVIDED WITH
BOARD, LODGING AND TUITION, AND SUCH INSTITUTIONS  SHALL  BE  REIMBURSED
FOR SUCH EXPENSES IN ACCORDANCE WITH THIS SUBDIVISION.
  A. THE COSTS OF TUITION AS DEFINED IN SECTION FORTY-TWO HUNDRED ELEVEN
OF THIS ARTICLE, SHALL BE A CHARGE UPON THE SCHOOL DISTRICT OF WHICH ANY
SUCH CHILD IS RESIDENT AT THE TIME OF ADMISSION OR READMISSION TO ANY OF
THE INSTITUTIONS SUBJECT TO THIS ARTICLE AND THE DIRECTORS OF THE INSTI-
TUTION SHALL BILL SUCH SCHOOL DISTRICT FOR SUCH TUITION COSTS ON A QUAR-
TERLY  BASIS. THE FIRST SUCH QUARTERLY PAYMENT MAY BE BASED ON PROJECTED
ENROLLMENT, PROVIDED THAT  SUBSEQUENT  PAYMENTS  SHALL  BE  ADJUSTED  TO
REFLECT  ACTUAL  ENROLLMENT.  THE  AMOUNT OF TUITION PAID BY SUCH SCHOOL
DISTRICT SHALL BE ELIGIBLE FOR REIMBURSEMENT BY THE STATE TO THE  EXTENT
PROVIDED IN SECTION FORTY-TWO HUNDRED FOUR-B OF THIS ARTICLE.
  B. THE COSTS OF BOARD AND LODGING SHALL BE A CHARGE UPON THE STATE AND
THE DIRECTORS OF THE INSTITUTION SHALL RECEIVE AN APPROPRIATION FOR EACH
PUPIL  SO PROVIDED FOR, IN QUARTERLY PAYMENTS, TO BE PAID BY THE COMMIS-
SIONER OF TAXATION AND FINANCE, ON THE WARRANT OF  THE  COMPTROLLER,  TO
THE  TREASURER OF SAID INSTITUTION; PROVIDED, HOWEVER, THAT AN ESTIMATED
ONE-HALF OF EACH SUCH QUARTERLY PAYMENT SHALL BE DUE ON THE FIRST DAY OF
EACH QUARTER, THE ESTIMATE TO BE BASED ON THE  AFFIDAVIT  OF  THE  CHIEF
EXECUTIVE  OFFICER  OF  THE INSTITUTION STATING THE NUMBER OF PUPILS FOR
WHOM BOARD AND LODGING WAS SO PROVIDED BY  THE  INSTITUTION  DURING  THE
PRECEDING  QUARTER  AND  DURING  THE COMPARABLE QUARTER OF THE PRECEDING
YEAR, AND THE REMAINING PART OF EACH SUCH QUARTERLY PAYMENT SHALL BE DUE
THEREAFTER DURING THE FIRST DAY OF EACH QUARTER NEXT ENSUING,  UPON  THE
PRESENTATION  BY  THE TREASURER OF THE INSTITUTION OF A BILL SHOWING THE
ACTUAL TIME AND NUMBER OF PUPILS ATTENDING THE INSTITUTION WHO  RECEIVED
BOARD  AND  LODGING,  WHICH  BILL SHALL BE SIGNED BY THE CHIEF EXECUTIVE
OFFICER OF THE INSTITUTION, AND VERIFIED BY HIS OATH.
  3. The regular term of instruction of any such  deaf  pupil  shall  be
twelve years, or until the pupil shall have attained the age of eighteen
years  before  the expiration of twelve years from the beginning of such
term. The commissioner [of education] may, in his discretion, extend the
term of any pupil until his twenty-first birthday  for  the  purpose  of
pursuing  or  completing  academic  or vocational courses of study. Such
pupils must be recommended by the trustees of the [instiution]  INSTITU-
TION  in  which  they are in attendance before such extension of time is
granted.
  [3.] 4. Children placed in any such institution for the instruction of
the deaf, pursuant to section forty-two hundred three OF  THIS  ARTICLE,
shall be maintained therein [at the expense of the state] for the period
of time the school is in session.
  S 52. Section 4204-a of the education law, as added by chapter 1066 of
the laws of 1974, subdivision 1 as amended by chapter 705 of the laws of
1992, is amended to read as follows:
  S 4204-a.  DEAF-INFANT PROGRAM. (1) All deaf children resident in this
state, below the age of three, of suitable age and capacity,  who  shall
have  been resident in this state for one year immediately preceding the
application, or is an orphan whose nearest friend shall have been  resi-
dent  in  this state for one year immediately preceding the application,
shall be eligible to receive approved educational services in one of the
institutions for instruction for the deaf of the state as enumerated  in

S. 2808--C                         30                         A. 4008--C

section forty-two hundred one of this article, as well as in such educa-
tional  programs or other like facilities which shall, in the discretion
of the commissioner, be certified as eligible to receive such pupils  on
a  day  basis  only;  provided, however, the foregoing requirement as to
length of residence in this state may be waived in the discretion of the
commissioner. Such children who are first eligible for services pursuant
to section forty-four hundred ten of this [chapter] TITLE whose  parents
or  persons  in  parental  relationship  elect  to have them continue to
receive services pursuant to this section may do so through August thir-
ty-first of the calendar year in which such child turns three.
  (2) Each deaf pupil so received into any of the approved  institutions
or  facilities  aforesaid shall be provided with tuition; and the direc-
tors of the institution or facility shall receive an  appropriation  for
each  pupil  so  provided  for, in quarterly payments, to be paid by the
commissioner of taxation and finance on the warrant of the  comptroller,
to  the  treasurer  of said institution or facility, on his presenting a
bill showing the actual time and number of pupils in  attendance,  which
bill  shall be signed by the chief executive officer of the institution,
and verified under his oath.
  (3) Children placed in any  such  approved  institution  or  facility,
pursuant  to  this  section,  shall be maintained therein on a day basis
only at the expense of the state for the period of time the school is in
session. Further, the commissioner shall approve such  expense  only  if
the  child  attends  the facility nearest his legal residence; provided,
however, that the foregoing requirement as to  the  facility  the  child
shall attend may be waived in the discretion of the commissioner.
  (4)  The  commissioner  shall  promulgate  such  rules and regulations
pertaining to the educational  programs  for  deaf  children  placed  in
facilities  under  the provisions of this section as he shall deem to be
in the best interests of such children.
  (5) The [state education] department shall maintain a register of such
approved institutions or facilities which, after  inspection,  it  deems
qualified  to meet the needs of such child for instruction of such child
in such institution or facility. Such inspection  shall  also  determine
the  eligibility  of  such  educational  facility  to  receive the funds
hereinbefore specified.
  S 53. Section 4204-b of the education law, as added by chapter 853  of
the laws of 1976, is amended to read as follows:
  S 4204-b. School  district  contribution  AND STATE REIMBURSEMENT.  1.
The school district of which any such child is resident at the  time  of
admission  or  readmission  to  any  of  the  institutions or facilities
[enumerated in section forty-two hundred one of this chapter] SUBJECT TO
THIS ARTICLE shall be required to reimburse the state on account of  any
expenditure  made by the state for any such child initially appointed by
the commissioner to such institution or facility after  June  thirtieth,
nineteen hundred seventy-seven in an amount equal to the school district
basic  contribution  defined  in subdivision eight of section forty-four
hundred one of this [chapter] TITLE, EXCEPT THAT FOR  THE  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR  AND THEREAFTER, SUCH SCHOOL
DISTRICT SHALL BE RESPONSIBLE FOR REIMBURSING THE  STATE  IN  AN  AMOUNT
EQUAL  TO  THE POSITIVE DIFFERENCE OF THE SCHOOL DISTRICT BASIC CONTRIB-
UTION MINUS THE TUITION PAID BY SUCH SCHOOL DISTRICT PURSUANT TO SECTION
FORTY-TWO HUNDRED FOUR OR FORTY-TWO HUNDRED SEVEN OF THIS  ARTICLE.  The
state  comptroller may deduct from any state funds which become due to a
school district for each year in which such child was in  attendance  at
such  institution  or  facility  an  amount  equal  to the reimbursement

S. 2808--C                         31                         A. 4008--C

required to be made by such school  district  in  accordance  with  this
section, and the amount so deducted shall not be included in the operat-
ing  expense  of  such district for the purposes of computing the appor-
tionment  for  operating  expense  aid pursuant to subdivision eleven of
section thirty-six hundred two of this chapter.
  2. THE STATE SHALL REIMBURSE THE SCHOOL DISTRICT  OF  WHICH  ANY  SUCH
CHILD  IS RESIDENT AT THE TIME OF ADMISSION OR READMISSION TO ANY OF THE
INSTITUTIONS SUBJECT TO THIS ARTICLE FOR TUITION PAID TO THE INSTITUTION
IN AN AMOUNT EQUAL TO THE POSITIVE DIFFERENCE BETWEEN THE AMOUNT OF SUCH
TUITION  AND  THE  SCHOOL  DISTRICT  BASIC  CONTRIBUTION.   SUCH   STATE
REIMBURSEMENT  TO  THE  SCHOOL DISTRICT SHALL NOT BE PAID PRIOR TO APRIL
FIRST OF THE SCHOOL YEAR IN WHICH SUCH TUITION COSTS  ARE  PAID  BY  THE
SCHOOL  DISTRICT.  THE TUITION INCURRED THROUGH DECEMBER THIRTY-FIRST OF
SUCH SCHOOL YEAR SHALL BE PAYABLE PRIOR TO JUNE THIRTIETH OF SUCH SCHOOL
YEAR, PROVIDED THAT A CLAIM IS SUBMITTED ON OR BEFORE JUNE FIRST.
  S 54. Section 4207 of the education law, subdivision 1 as  amended  by
chapter 352 of the laws of 1958, subdivision 2 as amended by chapter 496
of the laws of 1986, is amended to read as follows:
  S 4207. Support and term of instruction of blind state pupils. 1. Each
blind  pupil  so received into any of the institutions specified in this
article shall be provided with  board,  lodging  and  tuition;  and  the
directors  of  the  institution  shall receive an appropriation for each
pupil so provided for, in quarterly payments, to be paid by the  commis-
sioner  of  taxation  and finance, on the warrant of the comptroller, to
the treasurer of said institution; provided, however, that an  estimated
one-half of each such quarterly payment shall be due on the first day of
each  quarter,  the  estimate  to be based on the affidavit of the chief
executive officer of the institution stating the number  of  pupils  for
whom  board,  lodging  and  tuition  was  so provided by the institution
during the preceding quarter and during the comparable  quarter  of  the
preceding  year,  and  the remaining part of each such quarterly payment
shall be due thereafter on the first day of the  quarter  next  ensuing,
upon  the  presentation  by  the  treasurer of the institution of a bill
showing the actual time and number of pupils attending the  institution,
which  bill shall be signed by the chief executive officer of the insti-
tution, and verified by his oath.   THE PROVISIONS OF  THIS  SUBDIVISION
SHALL  APPLY TO BOARD, LODGING AND TUITION FOR THE TWO THOUSAND TEN--TWO
THOUSAND ELEVEN AND PRIOR SCHOOL YEARS.
  2. FOR EXPENSES INCURRED IN  THE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE SCHOOL YEAR AND THEREAFTER, EACH BLIND PUPIL SO RECEIVED INTO ANY
OF  THE  INSTITUTIONS  SUBJECT  TO  THIS  ARTICLE SHALL BE PROVIDED WITH
BOARD, LODGING AND TUITION, AND SUCH INSTITUTIONS  SHALL  BE  REIMBURSED
FOR SUCH EXPENSES IN ACCORDANCE WITH THIS SUBDIVISION.
  A. THE COSTS OF TUITION, AS DEFINED IN SECTION FORTY-TWO HUNDRED ELEV-
EN  OF THIS ARTICLE, SHALL BE A CHARGE UPON THE SCHOOL DISTRICT OF WHICH
ANY SUCH CHILD IS RESIDENT AT THE TIME OF ADMISSION  OR  READMISSION  TO
ANY OF THE INSTITUTIONS SUBJECT TO THIS ARTICLE AND THE DIRECTORS OF THE
INSTITUTION  SHALL BILL SUCH SCHOOL DISTRICT FOR SUCH TUITION COSTS ON A
QUARTERLY BASIS. THE FIRST  SUCH  QUARTERLY  PAYMENT  MAY  BE  BASED  ON
PROJECTED   ENROLLMENT,  PROVIDED  THAT  SUBSEQUENT  PAYMENTS  SHALL  BE
ADJUSTED TO REFLECT ACTUAL ENROLLMENT. THE AMOUNT  OF  TUITION  PAID  BY
SUCH SCHOOL DISTRICT SHALL BE ELIGIBLE FOR REIMBURSEMENT BY THE STATE TO
THE EXTENT PROVIDED IN SECTION FORTY-TWO HUNDRED FOUR-B OF THIS ARTICLE.
  B. THE COSTS OF BOARD AND LODGING SHALL BE A CHARGE UPON THE STATE AND
THE DIRECTORS OF THE INSTITUTION SHALL RECEIVE AN APPROPRIATION FOR EACH
PUPIL  SO PROVIDED FOR, IN QUARTERLY PAYMENTS, TO BE PAID BY THE COMMIS-

S. 2808--C                         32                         A. 4008--C

SIONER OF TAXATION AND FINANCE, ON THE WARRANT OF  THE  COMPTROLLER,  TO
THE  TREASURER OF SAID INSTITUTION; PROVIDED, HOWEVER, THAT AN ESTIMATED
ONE-HALF OF EACH SUCH QUARTERLY PAYMENT SHALL BE DUE ON THE FIRST DAY OF
EACH  QUARTER,  THE  ESTIMATE  TO BE BASED ON THE AFFIDAVIT OF THE CHIEF
EXECUTIVE OFFICER OF THE INSTITUTION STATING THE NUMBER  OF  PUPILS  FOR
WHOM  BOARD  AND  LODGING  WAS SO PROVIDED BY THE INSTITUTION DURING THE
PRECEDING QUARTER AND DURING THE COMPARABLE  QUARTER  OF  THE  PRECEDING
YEAR, AND THE REMAINING PART OF EACH SUCH QUARTERLY PAYMENT SHALL BE DUE
THEREAFTER  ON THE FIRST DAY OF THE QUARTER NEXT ENSUING, UPON THE PRES-
ENTATION BY THE TREASURER OF THE INSTITUTION OF A BILL SHOWING THE ACTU-
AL TIME AND NUMBER OF PUPILS  ATTENDING  THE  INSTITUTION  WHO  RECEIVED
BOARD  AND  LODGING,  WHICH  BILL SHALL BE SIGNED BY THE CHIEF EXECUTIVE
OFFICER OF THE INSTITUTION, AND VERIFIED BY HIS OATH.
  3. The regular term of instruction of any such blind pupil in the  New
York  Institute  for Special Education shall be eight years. The commis-
sioner [of education] may in his discretion extend the term of any pupil
for a period not exceeding three years. It shall also be lawful for  the
commissioner  [of education] to continue such pupils as state pupils for
an additional period of three years  for  the  purpose  of  pursuing  or
completing  a  course  of  high school study; such pupils must be recom-
mended by the trustees of the New York Institute for  Special  Education
before such extension is granted.
  [3.]  4.  The term of appointment for blind babies and children of the
age of fifteen years and under received into any institution in  accord-
ance  with  [paragraph c of subdivision one of section forty-two hundred
six of] this article shall be at the discretion of the commissioner  [of
education].
  [4.]  5. Children placed in any such institutions for the blind pursu-
ant to section forty-two hundred six shall be maintained therein [at the
expense of the state] for the period of time the school is in session.
  S 55. Intentionally omitted.
  S 56. Intentionally omitted.
  S 57. Intentionally omitted.
  S 58. Subdivision 6 of section 4402 of the education law,  as  amended
by chapter 2 of the laws of 2011, is amended to read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred  ninety-five--nine-
ty-six  through June thirtieth, two thousand [eleven] TWELVE of the [two
thousand ten--two thousand eleven]  TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE  school  year,  be  authorized to increase class sizes in special
classes containing students  with  disabilities  whose  age  ranges  are
equivalent  to  those  of  students  in  middle and secondary schools as
defined by the commissioner for purposes of this section by  up  to  but
not to exceed one and two tenths times the applicable maximum class size
specified  in  regulations of the commissioner rounded up to the nearest
whole number, provided that in a city school  district  having  a  popu-
lation of one million or more, classes that have a maximum class size of
fifteen  may  be increased by no more than one student and provided that

S. 2808--C                         33                         A. 4008--C

the projected average class size shall not exceed the maximum  specified
in  the  applicable  regulation,  provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization  shall  be
granted  upon  filing  of a notice by such a board of education with the
commissioner stating the board's intention to increase such class  sizes
and  a  certification  that the board will conduct a study of attendance
problems at the secondary level and will implement a  corrective  action
plan  to  increase the rate of attendance of students in such classes to
at least the rate for students attending regular  education  classes  in
secondary  schools of the district. Such corrective action plan shall be
submitted for approval by the commissioner by a date during  the  school
year  in  which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the  commissioner.  Upon  at  least
thirty  days  notice  to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to  termi-
nate  such  authorization  upon  a  finding that the board has failed to
develop or implement an approved corrective action plan.
  S 59. Subdivision 3 of section 4408 of the education law,  as  amended
by  section 33 of part A-1 of chapter 58 of the laws of 2006, is amended
to read as follows:
  3. Payment schedule. For aid payable  in  the  two  thousand  six--two
thousand  seven school year, moneys appropriated annually to the depart-
ment from the general fund - local assistance account under the [elemen-
tary, middle and secondary education] OFFICE OF PREKINDERGARTEN  THROUGH
GRADE TWELVE EDUCATION program for July and August programs for students
with disabilities, shall be used as follows: (i) for remaining base year
and prior school years obligations, (ii) for the purposes of subdivision
four  of  this  section for schools operated under articles eighty-seven
and eighty-eight of this chapter, and (iii) notwithstanding  any  incon-
sistent  provisions  of this chapter, for payments made pursuant to this
section for current school year  obligations,  provided,  however,  that
such  payments shall not exceed seventy percent of the state aid due for
the sum of the approved tuition and maintenance rates and transportation
expense provided for herein; provided, however, that payment of eligible
claims shall be payable in the order that such claims have been approved
for payment by the commissioner, but in no case  shall  a  single  payee
draw down more than forty-five percent of the appropriation provided for
the  purposes  of this section, and provided further that no claim shall
be set aside for insufficiency of funds to make a complete payment,  but
shall be eligible for a partial payment in one year and shall retain its
priority  date  status  for  appropriations provided for this section in
future years.
  S 60. Subdivision 5 of section 4408 of the education law,  as  amended
by chapter 82 of the laws of 1995, is amended to read as follows:
  5.  State  share.    In accordance with the provisions of subparagraph
four of paragraph b of subdivision one  of  section  thirty-six  hundred
nine-a  of  this  chapter  FOR SERVICES PROVIDED DURING THE TWO THOUSAND
EIGHT--TWO THOUSAND NINE AND PRIOR SCHOOL  YEARS,  any  moneys  due  the
school  district shall be reduced by an amount equal to fifty percent of
any federal participation, pursuant to title XIX of the social  security
act,  in  special  education programs provided pursuant to this section.
FOR SERVICES PROVIDED DURING THE TWO  THOUSAND  NINE--TWO  THOUSAND  TEN
SCHOOL  YEAR  AND THEREAFTER, OR FOR SERVICES PROVIDED IN A PRIOR SCHOOL
YEAR THAT WERE NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO

S. 2808--C                         34                         A. 4008--C

THOUSAND ELEVEN, SUCH STATE SHARE SHALL BE  DESIGNATED  AND  TRANSFERRED
PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-B OF THIS CHAPTER.
  S 61. Intentionally omitted.
  S 62. Intentionally omitted.
  S  63.  Clause (b) of subparagraph (iii) of paragraph b of subdivision
11 of section 4410 of the education law, as amended by  chapter  205  of
the laws of 2009, is amended to read as follows:
  (b)  Any  moneys  due  municipalities  pursuant  to this paragraph for
services provided during the two thousand nine--two thousand ten  school
year  and  thereafter,  OR  FOR SERVICES PROVIDED IN A PRIOR SCHOOL YEAR
THAT WERE NOT REIMBURSED BY THE STATE ON  OR  BEFORE  APRIL  FIRST,  TWO
THOUSAND  ELEVEN,  shall,  in  the  first instance, be designated as the
state share of moneys due a municipality pursuant to title  XIX  of  the
social  security  act,  on  account of school supportive health services
provided to  preschool  students  with  disabilities  pursuant  to  this
section.  Such state share shall be assigned on behalf of municipalities
to the department of health, as provided herein; the  amount  designated
as such nonfederal share shall be transferred by the commissioner to the
department  of health based on the monthly report of the commissioner of
health to the commissioner; and any remaining moneys to  be  apportioned
to  a  municipality pursuant to this section shall be paid in accordance
with this section. The amount  to  be  assigned  to  the  department  of
health,  as  determined  by  the commissioner of health, for any munici-
pality shall not exceed the federal share of any moneys due such munici-
pality pursuant to title XIX of the social security act.  Moneys  desig-
nated  as  state  share moneys shall be paid to such municipality by the
department of health based on the  submission  and  approval  of  claims
related  to  such  school  supportive  health  services,  in  the manner
provided by law.
  S 64. Subparagraph 4 of paragraph b of subdivision 4 of  section  92-c
of  the state finance law, as amended by section 46 of part B of chapter
57 of the laws of 2007, is amended to read as follows:
  (4) each eligible school district shall be entitled to  an  additional
lottery  grant  equal  to the result of multiplying the district's total
aidable FOUNDATION pupil units for the base year  COMPUTED  PURSUANT  TO
PARAGRAPH G OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
ACT by:

                      Base Grant x (1 + aid ratio)

  Where,  the  base grant shall equal the sum of the net total available
moneys after making payments pursuant to subparagraphs (1),  (2),  (2-a)
and  (3)  above,  plus  an  amount  from  the general support for public
schools-- general fund  local  assistance  account  equal  to  the  June
lottery  payment, divided by the total aidable FOUNDATION pupil units of
the state and where the Aid Ratio is equal to one minus the pupil wealth
ratio of the district as such term  is  defined  in  section  thirty-six
hundred two of the education law. In no case shall a school district aid
ratio exceed one (1) or be less than minus one (-1).
  S  65.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by  the
consortium  for worker education in New York city, as amended by section
41 of part A of chapter 57 of the laws of 2009, is amended  to  read  as
follows:
  b.  Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2006-07 school year  shall  not  exceed  64.7

S. 2808--C                         35                         A. 4008--C

percent  of the lesser of such approvable costs per contact hour or nine
dollars and twenty-five cents per contact  hour  where  a  contact  hour
represents sixty minutes of instruction services provided to an eligible
adult,  reimbursement  for the 2007-08 school year shall not exceed 63.3
percent of the lesser of such approvable costs per contact hour or  nine
dollars  and  ninety cents per contact hour where a contact hour repres-
ents sixty minutes of  instruction  services  provided  to  an  eligible
adult,  reimbursement] for the 2008-09 school year shall not exceed 62.8
percent of the lesser of such approvable costs per contact hour  or  ten
dollars  and  sixty-five  cents  per  contact hour [where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult and], reimbursement for the 2009-10 school year shall  not  exceed
64.1  percent of the lesser of such approvable costs per contact hour or
eleven dollars and fifty cents per contact hour [where  a  contact  hour
represents sixty minutes of instruction services provided to an eligible
adult],  REIMBURSEMENT  FOR  THE 2010--2011 SCHOOL YEAR SHALL NOT EXCEED
62.6 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR  OR
TWELVE DOLLARS AND FIVE CENTS PER CONTACT HOUR AND REIMBURSEMENT FOR THE
2011--2012  SCHOOL  YEAR  SHALL NOT EXCEED 62.9 PERCENT OF THE LESSER OF
SUCH APPROVABLE COSTS PER CONTACT HOUR OR  TWELVE  DOLLARS  AND  FIFTEEN
CENTS PER CONTACT HOUR, WHERE A CONTACT HOUR REPRESENTS SIXTY MINUTES OF
INSTRUCTION SERVICES PROVIDED TO AN ELIGIBLE ADULT.  Notwithstanding any
other  provision  of  law  to the contrary, [for the 2006-07 school year
such contact hours shall not exceed one  million  nine  hundred  twenty-
three  thousand  seventy-six  (1,923,076) hours; whereas for the 2007-08
school year such contact  hours  shall  not  exceed  one  million  eight
hundred  thirty-seven thousand sixty (1,837,060) hours; whereas] for the
2008-09 school year such contact hours shall not exceed one million nine
hundred forty-six thousand one hundred seven (1,946,107) hours;  whereas
for  the  2009-10  school  year  such contact hours shall not exceed one
million  seven  hundred  sixty-three   thousand   nine   hundred   seven
(1,763,907)  hours;  WHEREAS FOR THE 2010--2011 SCHOOL YEAR SUCH CONTACT
HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED TWENTY-FIVE THOUSAND ONE
HUNDRED NINETY-EIGHT  (1,525,198)  HOURS;  WHEREAS  FOR  THE  2011--2012
SCHOOL  YEAR  SUCH  CONTACT  HOURS  SHALL  NOT  EXCEED ONE MILLION SEVEN
HUNDRED ONE THOUSAND FIVE HUNDRED SEVENTY (1,701,570) HOURS.    Notwith-
standing  any  other provision of law to the contrary, the apportionment
calculated for the city school district of the city of New York pursuant
to subdivision 11 of section 3602 of the education law shall be computed
as if such contact hours provided by the consortium  for  worker  educa-
tion,  not  to  exceed the contact hours set forth herein, were eligible
for aid in accordance with the provisions  of  such  subdivision  11  of
section 3602 of the education law.
  S  66. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion p to read as follows:
  P. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF  PAYMENTS FOR THE 2011--2012 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION  SHALL
WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORKFORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE  CREDITED
TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).

S. 2808--C                         36                         A. 4008--C

  S 67. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, as amended by chapter 2 of  the  laws
of 2011, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2011] 2012.
  S 68. Subdivision 1 of section 167 of chapter 169 of the laws of  1994
relating  to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by chapter 2 of the laws of 2011, is amended to read as follows:
  1. Sections one through seventy of this act shall be  deemed  to  have
been  in  full  force  and effect as of April 1, 1994 provided, however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only  to  hearings  commenced  prior  to September 1, 1994, and provided
further that section twenty-six of this act shall expire and  be  deemed
repealed  on  March  31,  1997;  and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed  repealed  on  March
31,  1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
deemed repealed on March 31, [2012] 2013.
  S  69. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and certain other laws  relating  to
state  aid  to  school  districts and the appropriation of funds for the
support of government, as amended by chapter 2 of the laws of 2011,  are
amended to read as follows:
  (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act  shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2011] 2012 at which time it shall be deemed repealed;
  (24)  sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on  and  after
July 1, 1995; provided further, however, that the amendments made pursu-
ant  to  section  one hundred nineteen of this act shall be deemed to be
repealed on and after July 1, [2011] 2012;
  S 70. Section 2 of chapter 386 of  the  laws  of  1996,  amending  the
education  law  relating to providing for a waiver allowing state aid in
certain circumstances, as amended by chapter 2 of the laws of  2011,  is
amended to read as follows:
  S  2.  This  act  shall  take  effect  immediately,  provided that the
provisions of this act shall be deemed to have been in  full  force  and
effect  on  and  after January 1, 1996[, and provided, further that this
act shall be deemed repealed on and after January 1, 2015].
  S 71. Section 7 of chapter 472 of the laws of 1998 amending the educa-
tion law relating to the lease of school buses by school  districts,  as
amended  by  section  46 of part A of chapter 57 of the laws of 2009, is
amended to read as follows:
  S 7. This act shall take effect September 1, 1998,  and  shall  expire
and be deemed repealed September 1, [2011] 2013.
  S  72.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter  school  or BOCES employees, as amended by chapter 2 of the laws
of 2011, is amended to read as follows:

S. 2808--C                         37                         A. 4008--C

  S 12. This act shall take effect on the same date as  chapter  180  of
the laws of 2000 takes effect, and shall expire July 1, [2011] 2012 when
upon such date the provisions of this act shall be deemed repealed.
  S  73.  Section  4  of  chapter  425 of the laws of 2002, amending the
education law relating to  the  provision  of  supplemental  educational
services,  attendance  at  a  safe  public  school and the suspension of
pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
amended by chapter 2 of the laws of 2011, is amended to read as follows:
  S  4.  This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2011] 2012.
  S 74. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by chapter 2 of the laws of 2011, is amended to read
as follows:
  S  5.  This  act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be  deemed  repealed  on
June 30, [2011] 2012.
  S 75. Paragraph a-1 of subdivision 11 of section 3602 of the education
law,  as  amended  by  section 39 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
  a-1. Notwithstanding the provisions of paragraph a  of  this  subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through   two   thousand   nine--two  thousand  ten,  AND  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE, the commissioner may set  aside  an  amount
not  to  exceed two million five hundred thousand dollars from the funds
appropriated for purposes of this subdivision for the purpose of serving
persons twenty-one years of age or older who have not been  enrolled  in
any  school  for  the  preceding school year, including persons who have
received a high school diploma or high school  equivalency  diploma  but
fail  to  demonstrate basic educational competencies as defined in regu-
lation by the  commissioner,  when  measured  by  accepted  standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
  S 76. Intentionally omitted.
  S 77. Intentionally omitted.
  S 78. Intentionally omitted.
  S 79. Subdivision 11 of section 94 of part C of chapter 57 of the laws
of  2004,  relating  to support of education, as amended by chapter 2 of
the laws of 2011, is amended to read as follows:
  11. section seventy-one  of  this  act  shall  expire  and  be  deemed
repealed June 30, [2011] 2012;
  S  80. Section 6-p of the general municipal law is amended by adding a
new subdivision 11 to read as follows:
  11. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  A
BOARD  OF COOPERATIVE EDUCATIONAL SERVICES THAT HAS BEEN DETERMINED UPON
STATE AUDIT OR IN ITS ANNUAL INDEPENDENT AUDIT TO  HAVE  ACCUMULATED  AN
EXCESS  IN  SUCH  FUND  OVER  THE  SUM SUFFICIENT TO PAY ALL LIABILITIES
INCURRED OR ACCRUED AGAINST IT SHALL WITHDRAW THE AMOUNT OF SUCH  EXCESS
AS  OF  THE  DATE  OF WITHDRAWAL AND SHALL DISTRIBUTE SUCH AMOUNT TO ALL
SCHOOL DISTRICTS THAT PAID TO  SUCH  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  MONEYS THAT WERE DEPOSITED TO SUCH FUND IN THE SAME PROPORTION
AS THE TOTAL PAYMENTS FROM SUCH SCHOOL DISTRICT INTO SUCH FUND BEARS  TO
THE  TOTAL PAYMENTS FROM ALL SCHOOL DISTRICTS INTO SUCH FUND, OR, AT THE
REQUEST OF THE SCHOOL DISTRICT, MAY USE SUCH AMOUNT TO OFFSET THE ADMIN-
ISTRATIVE AND CAPITAL EXPENSES PAYABLE BY THE  SCHOOL  DISTRICT  IN  THE
CURRENT  SCHOOL  YEAR,  AND  ANY SUCH AMOUNT ATTRIBUTABLE TO AN APPROVED

S. 2808--C                         38                         A. 4008--C

COST OF SERVICE COMPUTED PURSUANT TO SUBDIVISION FIVE OF  SECTION  NINE-
TEEN  HUNDRED  FIFTY  OF  THE EDUCATION LAW SHALL NOT BE INCLUDED IN THE
APPROVED COST OF SERVICES  COMPUTED  PURSUANT  TO  SUBDIVISION  FIVE  OF
SECTION  NINETEEN  HUNDRED  FIFTY  OF THE EDUCATION LAW. SUCH WITHDRAWAL
SHALL BE MADE WITHIN THIRTY DAYS AFTER THE AUDIT BECOMES FINAL OR WITHIN
THIRTY DAYS AFTER THIS SUBDIVISION TAKES EFFECT, WHICHEVER IS LATER.
  S 80-a. Paragraph b of subdivision 5 of section 1950 of the  education
law, as amended by chapter 53 of the laws of 1990, is amended to read as
follows:
  b.  The  cost of services herein referred to shall be the amount allo-
cated to each component school district  by  the  board  of  cooperative
educational  services to defray expenses of such board, except that that
part of the salary paid any teacher, supervisor or other employee of the
board of cooperative educational services which is in excess  of  thirty
thousand  dollars shall not be such an approved expense, and except also
that administrative and clerical expenses shall not exceed  ten  percent
of  the  total  expenses  for  purposes  of this computation. Any gifts,
donations or interest earned by the  board  of  cooperative  educational
services  or  on behalf of the board of cooperative educational services
by the dormitory authority or any other source shall not be deducted  in
determining  the  cost  of  services  allocated to each component school
district. ANY PAYMENTS MADE TO A COMPONENT SCHOOL DISTRICT BY THE  BOARD
OF  COOPERATIVE  EDUCATIONAL  SERVICES PURSUANT TO SUBDIVISION ELEVEN OF
SECTION SIX-P OF THE GENERAL MUNICIPAL LAW ATTRIBUTABLE TO  AN  APPROVED
COST  OF SERVICE COMPUTED PURSUANT TO THIS SUBDIVISION SHALL BE DEDUCTED
FROM THE COST OF SERVICES ALLOCATED TO SUCH COMPONENT  SCHOOL  DISTRICT.
The  expense  of  transportation  provided  by  the board of cooperative
educational services pursuant to paragraph q of subdivision four of this
section shall be eligible for aid apportioned  pursuant  to  subdivision
seven  of section thirty-six hundred two of this chapter and no board of
cooperative educational services  transportation  expense  shall  be  an
approved cost of services for the computation of aid under this subdivi-
sion. Transportation expense pursuant to paragraph q of subdivision four
of  this section shall be included in the computation of the ten percent
limitation on administrative and clerical expenses.
  S 81. Section 6-p of the general municipal law is amended by adding  a
new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE GOVERN-
ING BOARD OF A SCHOOL DISTRICT MAY, DURING THE TWO THOUSAND  ELEVEN--TWO
THOUSAND TWELVE SCHOOL YEAR, AUTHORIZE A WITHDRAWAL FROM THIS FUND IN AN
AMOUNT NOT TO EXCEED THE LESSER OF: (A) THE DOLLAR VALUE OF EXCESS FUND-
ING  IN  THE  FUND  AS DETERMINED BY THE COMPTROLLER PURSUANT TO SECTION
THIRTY-THREE OF THIS CHAPTER OR (B) THE AMOUNT OF THE SCHOOL  DISTRICT'S
GAP  ELIMINATION  ADJUSTMENT AS CALCULATED BY THE COMMISSIONER OF EDUCA-
TION PURSUANT TO SUBDIVISION SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO
OF THE EDUCATION LAW. FUNDS WITHDRAWN PURSUANT TO THIS  SUBDIVISION  MAY
ONLY  BE  USED  FOR  THE  PURPOSE OF MAINTAINING EDUCATIONAL PROGRAMMING
DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE  SCHOOL  YEAR  WHICH
OTHERWISE  WOULD  HAVE  BEEN REDUCED AS A RESULT OF SUCH GAP ELIMINATION
ADJUSTMENT. GOVERNING BOARDS WHICH MAKE SUCH A WITHDRAWAL SHALL  SUBMIT,
IN A FORM PRESCRIBED BY THE COMMISSIONER OF EDUCATION, RELEVANT INFORMA-
TION  ABOUT  THE  WITHDRAWAL, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO,
THE AMOUNT OF SUCH WITHDRAWAL, THE DATE OF WITHDRAWAL, AND  THE  USE  OF
SUCH WITHDRAWN FUNDS.
  S 82. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in

S. 2808--C                         39                         A. 4008--C

the 2011-2012 school year, the commissioner of education shall  allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative education services pursuant to sections 3650-a,  3650-b  and
3650-c of the education law, or for contracts directly with not-for-pro-
fit  educational  organizations  for  the purposes of this section. Such
payments shall not exceed four hundred thousand dollars  ($400,000)  per
school year.
  S  83.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by the chapter of the laws of 2011  enacting
the  local assistance budget shall be apportioned for the 2011--12 state
fiscal year in accordance with the provisions of sections 271, 272, 273,
282, 284, and 285 of the education law as amended by the  provisions  of
this  chapter  and the provisions of this section, provided that library
construction aid pursuant to section 273-a of the  education  law  shall
not  be  payable  from  the  appropriations  for  the  support of public
libraries and provided  further  that  no  library,  library  system  or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding any other provision of law to the contrary the  moneys
appropriated for the support of public libraries for the year 2011--2012
by  a  chapter  of the laws of 2011 enacting the local assistance budget
shall fulfill the state's obligation to provide such aid  and,  pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant  to  such  appropriations  shall  be reduced proportionately to
assure that the total amount of aid payable does not  exceed  the  total
appropriations for such purpose.
  S  84.  Special apportionment for salary expenses.  a. Notwithstanding
any other provision of law, upon  application  to  the  commissioner  of
education,  not  sooner  than  the first day of the second full business
week of June, 2012 and not later than the last day  of  the  third  full
business  week  of  June, 2012, a school district eligible for an appor-
tionment pursuant to section 3602 of the education law shall be eligible
to receive an apportionment pursuant to this  section,  for  the  school
year  ending June 30, 2012, for salary expenses incurred between April 1
and June 30, 2012 and such apportionment shall not exceed the sum of (i)
the deficit reduction assessment of 1990-91 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city  with  a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such  amount  for  a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants  accord-
ing  to  the  latest  federal  census  plus (iv) the net gap elimination
adjustment for 2010-2011, as determined by the commissioner of education
pursuant to chapter fifty-three of the laws of two  thousand  ten,  plus
(v)  the  gap  elimination  adjustment  for 2011-12 as determined by the
commissioner of education pursuant to subdivision 17 of section 3602  of
the  education  law,  and provided further that such apportionment shall
not exceed such salary expenses. Such application shall  be  made  by  a
school district, after the board of education or trustees have adopted a
resolution  to do so and in the case of a city school district in a city
with a population in excess of 125,000 inhabitants, with the approval of
the mayor of such city.

S. 2808--C                         40                         A. 4008--C

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

S. 2808--C                         41                         A. 4008--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.
  S 86. a. Notwithstanding any other law,  rule  or  regulation  to  the
contrary,  any moneys appropriated to the state education department may
be suballocated to other state departments or agencies,  as  needed,  to
accomplish the intent of the specific appropriations contained therein.
  b.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from  the  general
fund/aid  to  localities,  local  assistance  account-001,  shall be for
payment of financial assistance, as  scheduled,  net  of  disallowances,
refunds, reimbursement and credits.
  c.  Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education  department  for  aid  to
localities shall be available for payment of aid heretofore or hereafter
to  accrue  and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
  d. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to  the  state  education  department  for general
support for public schools may be interchanged with any  other  item  of
appropriation  for general support for public schools within the general
fund local assistance account office of  prekindergarten  through  grade
twelve education program.
  S 87. Notwithstanding the provision of any law, rule, or regulation to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its  geographic region may purchase from
such board for the  2011-12  school  year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  88.  The amounts specified in this section shall be a setaside from
the state funds which each such district is  receiving  from  the  total
foundation aid:
  a.  for  the  purpose  of the development, maintenance or expansion of
magnet schools or magnet school programs for the two  thousand  eleven--
two thousand twelve school year. To the city school district of the city
of  New  York there shall be paid forty-eight million one hundred seven-

S. 2808--C                         42                         A. 4008--C

ty-five thousand dollars ($48,175,000) including five  hundred  thousand
dollars  ($500,000)  for  the Andrew Jackson High School; to the Buffalo
city school district, twenty-one million  twenty-five  thousand  dollars
($21,025,000);  to  the  Rochester city school district, fifteen million
dollars ($15,000,000); to the Syracuse city  school  district,  thirteen
million  dollars  ($13,000,000);  to  the  Yonkers city school district,
forty-nine million five hundred thousand dollars, ($49,500,000); to  the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); to the Poughkeepsie city school district, two
million  four hundred seventy-five thousand dollars ($2,475,000); to the
Mount Vernon city school district, two million dollars ($2,000,000);  to
the  New  Rochelle  city  school  district, one million four hundred ten
thousand dollars ($1,410,000); to the Schenectady city school  district,
one  million  eight  hundred  thousand dollars ($1,800,000); to the Port
Chester city school district, one million  one  hundred  fifty  thousand
dollars  ($1,150,000);  to  the  White Plains city school district, nine
hundred thousand dollars ($900,000); to the Niagara  Falls  city  school
district,  six  hundred  thousand dollars ($600,000); to the Albany city
school district, three  million  five  hundred  fifty  thousand  dollars
($3,550,000);  to  the  Utica  city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the  Middletown  city  school  district,
four  hundred  thousand  dollars  ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh  central  school  district,   three   hundred   thousand   dollars
($300,000);  to  the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the  Peekskill  city  school  district,  two
hundred  thousand  dollars  ($200,000);  and  to  the Hudson city school
district, four hundred thousand dollars ($400,000).
  b. notwithstanding the provisions of paragraph a of this  subdivision,
a school district receiving a grant pursuant to this subdivision may use
such  grant  funds  for:  (i) any instructional or instructional support
costs associated with the operation of a  magnet  school;  or  (ii)  any
instructional or instructional support costs associated with implementa-
tion  of an alternative approach to reduction of racial isolation and/or
enhancement of the instructional program and  raising  of  standards  in
elementary  and secondary schools of school districts having substantial
concentrations of minority students. The commissioner of education shall
not be authorized to withhold magnet grant funds from a school  district
that  used such funds in accordance with this paragraph, notwithstanding
any inconsistency with a request for proposals issued  by  such  commis-
sioner.
  c.  for  the  purpose of attendance improvement and dropout prevention
for the two thousand eleven--two thousand twelve school  year,  for  any
city  school  district  in  a  city having a population of more than one
million, the setaside for attendance improvement and dropout  prevention
shall  equal the amount set aside in the base year. For the two thousand
eleven--two thousand twelve school year, it is further provided that any
city school district in a city having a  population  of  more  than  one
million shall allocate at least one-third of any increase from base year
levels  in funds set aside pursuant to the requirements of this subdivi-
sion to community-based organizations. Any increase required pursuant to
this subdivision to community-based organizations must be in addition to
allocations provided to community-based organizations in the base year.
  d. for the purpose of teacher support for the two thousand eleven--two
thousand twelve school year: to the city school district of the city  of

S. 2808--C                         43                         A. 4008--C

New  York,  sixty-two  million  seven  hundred  seven  thousand  dollars
($62,707,000); to the Buffalo city school district,  one  million  seven
hundred  forty-one  thousand dollars ($1,741,000); to the Rochester city
school  district, one million seventy-six thousand dollars ($1,076,000);
to the Yonkers city school district, one million one hundred forty-seven
thousand dollars ($1,147,000); and to the Syracuse city school district,
eight hundred nine thousand dollars ($809,000). All funds made available
to a school district pursuant to this subdivision shall  be  distributed
among  teachers including prekindergarten teachers and teachers of adult
vocational and academic subjects in accordance with this subdivision and
shall be in addition to salaries heretofore or hereafter  negotiated  or
made  available;  provided, however, that all funds distributed pursuant
to this section for the current year shall be deemed to incorporate  all
funds  distributed  pursuant to former subdivision 27 of section 3602 of
the education law for prior years. In school districts where the  teach-
ers  are  represented by certified or recognized employee organizations,
all salary increases funded pursuant to this section shall be determined
by separate collective negotiations conducted pursuant to the provisions
and procedures of article 14 of the civil service  law,  notwithstanding
the  existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
  S 89. Severability. The provisions of this act shall be severable, and
if the application of  any  clause,  sentence,  paragraph,  subdivision,
section  or  part  of  this  act  to any person or circumstance shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of  this  act  or  remainder  thereof,  as the case may be, to any other
person or circumstance, but shall be confined in its  operation  to  the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  90.  This act shall take effect immediately; and shall be deemed to
have been in full force and effect on and after April 1, 2011, provided,
however, that:
  1. sections seventy-two through seventy-four of this  act  shall  take
effect  immediately  and  shall be deemed to have been in full force and
effect on and after June 30, 2011;
  2. sections two, three, thirty-nine, sixty-five and sixty-six of  this
act  shall  take  effect immediately and shall be deemed to have been in
full force and effect on and after July 1, 2010;
  3. sections twenty-one, twenty-two, twenty-five through  twenty-seven,
thirty-five  through  thirty-eight,  forty-two,  forty-three, forty-six,
fifty-one through fifty-four,  fifty-eight  through  sixty,  sixty-four,
seventy-nine,  eighty, eighty-two, eighty-seven and eighty-eight of this
act shall take effect July 1, 2011;
  4. section sixty-seven of this act shall take effect immediately,  and
shall  be  deemed to have been in full force and effect on and after the
effective date of section 85 of part H of chapter  83  of  the  laws  of
2002;
  5.  section  sixty-eight  of  this act shall be deemed to have been in
full force and effect on and after the effective date of section 101  of
chapter 436 of the laws of 1997;
  6.  section  sixty-nine of this act shall take effect immediately, and
shall be deemed to have been in full force and effect as of  the  effec-
tive date of section 140 of chapter 82 of the laws of 1995;

S. 2808--C                         44                         A. 4008--C

  7. section seventy of this act shall take effect immediately and shall
be  deemed to have been in full force and effect on and after January 1,
2011;
  8.  section  eighty-six of this act shall take effect immediately, and
shall be deemed to have been in full force and effect on and after April
1, 2010 and shall be deemed repealed on March 31, 2012;
  9. the amendments to subdivision 1 of section 2856  of  the  education
law made by section twenty-one of this act shall be subject to the expi-
ration  and  reversion  of such subdivision pursuant to subdivision d of
section 27 of chapter 378 of the laws of 2007,  as  amended,  when  upon
such  date  the  provisions of section twenty-two of this act shall take
effect;
  10.  the amendments to subdivision 6 of section 4402 of the  education
law, made by section fifty-eight of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith; and
  11.  the  amendments  to  subdivision  b of section 2 and section 4 of
chapter 756 of the laws of 1992 relating to funding a program  for  work
force  education conducted by the consortium for worker education in New
York city, made by sections sixty-five and sixty-six of this  act  shall
not  affect  the  repeal  of  such sections and shall be deemed repealed
therewith.

                                PART A-1

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

S. 2808--C                         45                         A. 4008--C

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

S. 2808--C                         46                         A. 4008--C

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

                                 PART B

  Section 1. Section 3641 of the education law is amended  by  adding  a
new subdivision 5 to read as follows:
  5.  SCHOOL  DISTRICT  MANAGEMENT EFFICIENCY AWARDS PROGRAM.  A. WITHIN
THE AMOUNT APPROPRIATED FOR SUCH PURPOSE, SUBJECT TO A PLAN DEVELOPED IN
CONSULTATION WITH THE SECRETARY OF STATE AND APPROVED BY THE DIRECTOR OF
THE BUDGET, THE COMMISSIONER SHALL AWARD COMPETITIVE GRANTS PURSUANT  TO
THIS SUBDIVISION FOR ACHIEVING SCHOOL DISTRICT MANAGEMENT EFFICIENCIES.
  (1)  SUCH  PLAN  SHALL  INCLUDE  BUT NOT BE LIMITED TO: THE PROCESS BY
WHICH A REQUEST FOR PROPOSALS IS DEVELOPED; THE SCORING RUBRIC BY  WHICH
SUCH  PROPOSALS WILL BE EVALUATED; THE FORM AND MANNER BY WHICH APPLICA-
TIONS WILL BE SUBMITTED; THE MANNER BY WHICH CALCULATION OF  THE  AMOUNT
OF  THE AWARD WAS DETERMINED, INCLUDING ESTABLISHING BENCHMARKS BASED ON
ACTUAL COST SAVINGS THAT MUST BE MET BEFORE ANY AWARDS ARE PAID; AND THE
TIMELINE FOR THE ISSUANCE AND REVIEW  OF  APPLICATIONS  TO  ENSURE  THAT
GRANTS  WILL  BE FIRST AWARDED DURING THE TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE SCHOOL YEAR.
  (2) THE COMMISSIONER SHALL BE AUTHORIZED,  CONSISTENT  WITH  THE  PLAN
REQUIRED  BY  THIS PARAGRAPH, TO PROMULGATE RULES AND REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION.
  B. A RESPONSE TO A REQUEST  FOR  PROPOSALS  ISSUED  PURSUANT  TO  THIS
SUBDIVISION  MAY  BE SUBMITTED BY A SCHOOL DISTRICT OR JOINTLY BY TWO OR
MORE SCHOOL DISTRICTS WHO HAVE DEMONSTRATED TO THE SATISFACTION  OF  THE
COMMISSIONER THAT:
  (1)  ONE OR MORE LONG TERM EFFICIENCIES IN SCHOOL DISTRICT MANAGEMENT,
OPERATIONS, PROCUREMENT PRACTICES OR OTHER COST  SAVINGS  MEASURES  THAT
HAVE  NOT  AND  WILL  NOT  RESULT IN AN INCREASE IN COST TO THE STATE OR
LOCALITY HAVE BEEN IMPLEMENTED;
  (2) SUCH EFFICIENCIES HAVE BEEN IMPLEMENTED WITHIN TWO YEARS PRIOR  TO
A  RESPONSE  TO A REQUEST FOR PROPOSALS ISSUED PURSUANT TO THIS SUBDIVI-
SION OR WILL BE IMPLEMENTED DURING THE CURRENT SCHOOL YEAR;
  (3) SUCH EFFICIENCIES HAVE RESULTED OR WILL RESULT  IN  A  SIGNIFICANT
REDUCTION IN TOTAL OPERATING EXPENSES COMPARED TO THE PRIOR YEAR, IN THE

S. 2808--C                         47                         A. 4008--C

ADMINISTRATIVE  COMPONENT,  OR  THE  EQUIVALENT,  OF THE SCHOOL DISTRICT
BUDGET, IN TRANSPORTATION OPERATING EXPENSES, IN TRANSPORTATION  CAPITAL
EXPENSES,  AND/OR  IN  OTHER  NON-PERSONAL SERVICE COSTS INCLUDED IN THE
PROGRAM  COMPONENT  OF  THE  SCHOOL  DISTRICT BUDGET, OR THE EQUIVALENT,
COMPARED TO THE PRIOR YEAR; AND
  (4) SUCH EFFICIENCIES  ARE  EXPECTED  TO  RESULT  IN  SUBSTANTIAL  AND
SUSTAINABLE COST SAVINGS IN FUTURE YEARS; AND
  (5)  IF  TWO  OR  MORE SCHOOL DISTRICTS ARE APPLYING JOINTLY, AND HAVE
ENTERED A SHARED SERVICES AGREEMENT AS AUTHORIZED BY LAW,  THAT  SIGNIF-
ICANT  SAVINGS  WOULD RESULT FROM SUCH SHARED SERVICES; PROVIDED THAT IN
NO EVENT SHALL DISTRICTS THAT HAVE ENTERED INTO AN  AIDABLE  COOPERATIVE
EDUCATIONAL  SERVICES  AGREEMENT  FOR  ANY SUCH SERVICES WITH A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO  SECTION  NINETEEN  HUNDRED
FIFTY OF THIS CHAPTER BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION  FOR THE SAME PURPOSE, BUT MAY BE ELIGIBLE FOR AN AWARD PURSUANT TO
THIS SUBDIVISION FOR ANOTHER SHARED LONG TERM EFFICIENCY OR COST  SAVING
MEASURE. PROVIDED HOWEVER, A DISTRICT WHICH HAS RECEIVED AN AWARD PURSU-
ANT  TO  THE  LOCAL  GOVERNMENT  EFFICIENCY  GRANT PROGRAM AUTHORIZED BY
SUBDIVISION TEN OF SECTION FIFTY-FOUR OF THE STATE  FINANCE  LAW,  SHALL
NOT BE ELIGIBLE TO RECEIVE AN AWARD PURSUANT TO THIS SUBDIVISION FOR THE
SAME PURPOSE, BUT MAY BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION FOR ANOTHER LONG TERM EFFICIENCY OR COST SAVINGS MEASURE.
  C.  THE  COMMISSIONER  SHALL  GRANT PRIORITY TO APPLICATIONS THAT HAVE
DEMONSTRATED THAT THE LONG TERM EFFICIENCIES THAT HAVE BEEN IMPLEMENTED:
(1) ARE INNOVATIVE IN THE MANNER THAT THE MANAGEMENT  OR  ORGANIZATIONAL
STRUCTURE MAY BE CHANGED TO GENERATE SIGNIFICANT SAVINGS WHILE MAINTAIN-
ING  OR IMPROVING STUDENT ACHIEVEMENT; (2) HAVE THE PARTICIPATION OF THE
TEACHERS, PARENTS AND/OR OTHER STAKEHOLDERS IN THE SCHOOL DISTRICT;  (3)
ARE MEASURES OR STRATEGIES THAT OTHER SCHOOL DISTRICTS CAN REPLICATE; OR
(4) HAVE THE GREATEST QUANTIFIABLE SAVINGS THAT WILL BE SUSTAINABLE.
  D.  A SCHOOL DISTRICT OR SCHOOL DISTRICTS SEEKING A GRANT SHALL SUBMIT
AN APPLICATION TO THE COMMISSIONER IN A FORM AND MANNER AND BY A DATE AS
PRESCRIBED BY THE COMMISSIONER. THE COMMISSIONER MAY  CONSULT  WITH  ANY
OTHER  STATE AGENCY ABOUT SUCH GRANTS AND EACH SUCH AGENCY SHALL COOPER-
ATE IN ASSISTING IN THE ANALYSIS OF GRANT APPLICATIONS.
  E. THE AMOUNT OF THE GRANT AWARD, INCLUDING THE MAXIMUM  GRANT  AMOUNT
AVAILABLE  TO  ANY  DISTRICT  OR  DISTRICTS,  SHALL BE DETERMINED BY THE
COMMISSIONER, CONSISTENT WITH THE PLAN DEVELOPED PURSUANT TO PARAGRAPH A
OF THIS SUBDIVISION PROVIDED THAT THE AMOUNT OF  SUCH  AWARDS  SHALL  BE
BASED  UPON  THE  SIZE  OF  THE DISTRICT OR SCHOOL DISTRICTS MEASURED BY
PUBLIC SCHOOL ENROLLMENT OF THE DISTRICT OR DISTRICTS,  EXCEPT  THAT  NO
SINGLE  DISTRICT RECEIVING A GRANT AND NO GROUP OF DISTRICTS RECEIVING A
GRANT JOINTLY MAY BE AWARDED MORE THAN FORTY PERCENT OF THE TOTAL AMOUNT
OF GRANT AWARDS MADE PURSUANT TO THIS SUBDIVISION; AND PROVIDED  FURTHER
THAT SUCH AMOUNT MAY BE ADJUSTED BASED UPON MEASURES OF DISTRICT NEED.
  S  2.  Section  3641  of  the education law is amended by adding a new
subdivision 6 to read as follows:
  6. SCHOOL DISTRICT PERFORMANCE IMPROVEMENT AWARDS GRANT.    A.  WITHIN
THE  AMOUNTS APPROPRIATED FOR SUCH PURPOSE, THE COMMISSIONER SHALL AWARD
COMPETITIVE GRANTS TO ELIGIBLE SCHOOL DISTRICTS PURSUANT TO THIS  SUBDI-
VISION  THAT  HAVE  DEMONSTRATED  THE MOST IMPROVED ACADEMIC ACHIEVEMENT
GAINS AND STUDENT OUTCOMES, AS WELL  AS  HAVING  IMPLEMENTED  STRATEGIES
THAT  HAVE  THE  MOST  POTENTIAL  FOR  CONTINUED IMPROVEMENTS IN STUDENT
PERFORMANCE, NARROWING STUDENT ACHIEVEMENT GAPS AND INCREASING  ACADEMIC
PERFORMANCE IN TRADITIONALLY UNDERSERVED STUDENT GROUPS.
  B. THE COMMISSIONER SHALL:

S. 2808--C                         48                         A. 4008--C

  (1)  DEVELOP  A  COMPETITIVE  REQUEST  FOR  PROPOSALS,  WHICH SHALL BE
APPROVED BY THE DIRECTOR OF THE BUDGET, TO BE ISSUED ON OR BEFORE  OCTO-
BER  FIRST,  TWO THOUSAND ELEVEN AND SHALL ENSURE THAT GRANTS WILL FIRST
BE AWARDED PURSUANT TO THIS SUBDIVISION DURING THE TWO THOUSAND  ELEVEN-
TWO THOUSAND TWELVE SCHOOL YEAR.
  (2)  CREATE A PEER REVIEW PANEL AND PROCESS AND A SCORING RUBRIC TO BE
USED IN THE EVALUATION OF APPLICATIONS DURING SUCH PROCESS. SUCH SCORING
RUBRIC SHALL GIVE PRIORITY TO THOSE ELIGIBLE SCHOOL DISTRICTS THAT  HAVE
THE MOST SIGNIFICANT MEASURABLE IMPROVEMENTS IN ACADEMIC ACHIEVEMENT AND
STUDENT  OUTCOMES; AND HAVE (A) IMPLEMENTED RIGOROUS PROGRAMS TO IMPROVE
MIDDLE SCHOOL STUDENT PERFORMANCE; (B)  NEWLY  ESTABLISHED  OR  EXPANDED
PARTICIPATION  IN  COLLEGE  LEVEL OR EARLY COLLEGE PROGRAMS; (C) SIGNIF-
ICANTLY INCREASED COLLEGE ADMISSION  RATES;  (D)  EXEMPLARY  CAREER  AND
TECHNICAL  EDUCATION  PROGRAMS  WITH  A  RECORD  OF  SUCCESSFUL  STUDENT
OUTCOMES; OR (E) OTHER INNOVATIVE AND REPLICABLE STRATEGIES FOR  STUDENT
ACHIEVEMENT.   PROVIDED FURTHER THAT SUCH RUBRIC SHALL GRANT PRIORITY TO
THOSE ELIGIBLE DISTRICTS WHOSE  PROGRAMS  BENEFIT  STUDENTS  HAVING  THE
GREATEST EDUCATIONAL NEEDS, INCLUDING BUT NOT LIMITED TO:
  (A) STUDENTS WITHIN TRADITIONALLY UNDERSERVED STUDENT GROUPS;
  (B)  STUDENTS  WITH  LIMITED  ENGLISH PROFICIENCY AND STUDENTS WHO ARE
ENGLISH LANGUAGE LEARNERS;
  (C) STUDENTS IN POVERTY;
  (D) STUDENTS WITH DISABILITIES; AND
  (E) STUDENTS WITH LOW ACADEMIC ACHIEVEMENT.
  (3) BE AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS  NECESSARY  FOR
THE IMPLEMENTATION OF THIS SUBDIVISION.
  C. TO BE AN ELIGIBLE APPLICANT, A SCHOOL DISTRICT MUST:
  (1)  HAVE  A  RACE TO THE TOP FINAL SCOPE OF WORK THAT WAS APPROVED BY
THE COMMISSIONER BY FEBRUARY FIFTEENTH, TWO THOUSAND ELEVEN; AND/OR
  (2) HAVE DEMONSTRATED SATISFACTORY  PROGRESS,  AS  DETERMINED  BY  THE
COMMISSIONER,  TOWARDS  IMPLEMENTATION  OF ELEMENTS SUCH AS HIGH QUALITY
STUDENT ASSESSMENTS, USE OF DATA  TO  IMPROVE  INSTRUCTION  AND  STUDENT
PERFORMANCE,  PROVISION  OF  PROFESSIONAL DEVELOPMENT TO IMPROVE TEACHER
PERFORMANCE; AND
  (3) BE AMONG THE  SCHOOL  DISTRICTS  SHOWING  THE  GREATEST  GAINS  IN
STUDENT PERFORMANCE IN ITS CATEGORY OF DISTRICT IN THE PRIOR SCHOOL YEAR
AS  REFLECTED BY INCREASES IN STUDENT OUTCOME, AS WELL AS OTHER MEASURES
FOR CLOSING THE ACHIEVEMENT GAP, IMPROVING HIGH SCHOOL  PERFORMANCE  AND
GRADUATION  RATES, AND INCREASING COLLEGE ATTENDANCE AND RETENTION RATES
AS COMPARED TO STUDENT PERFORMANCE IN  THOSE  AREAS  IN  THE  APPLICABLE
BASELINE YEAR.
  D. FOR PURPOSES OF THIS SUBDIVISION:
  (1) "CATEGORY OF DISTRICT" MEANS:
  (A)  A  HIGH-NEED  LARGE  CITY  CATEGORY  CONSISTING  OF  CITY  SCHOOL
DISTRICTS HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHAB-
ITANTS OR MORE, PROVIDED THAT IN THE CASE OF THE CITY SCHOOL DISTRICT OF
THE CITY OF NEW YORK THE CHANCELLOR SHALL HAVE THE OPTION OF APPLYING ON
BEHALF OF ONE OR MORE COMMUNITY SCHOOL DISTRICTS AND/OR DISTRICT  SEVEN-
TY-FIVE IN LIEU OF APPLYING ON A CITYWIDE BASIS;
  (B) A HIGH-NEED URBAN-SUBURBAN CATEGORY AS DEFINED BY THE COMMISSIONER
BASED  UPON  THE  NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL
DISTRICTS;
  (C) A HIGH-NEED RURAL CATEGORY AS DEFINED BY  THE  COMMISSIONER  BASED
UPON   THE  NEED/RESOURCE  CAPACITY  INDEX  APPLICABLE  TO  SUCH  SCHOOL
DISTRICTS;

S. 2808--C                         49                         A. 4008--C

  (D) AN AVERAGE NEED CATEGORY AS DEFINED BY THE COMMISSIONER BASED UPON
THE NEED/RESOURCE CAPACITY INDEX APPLICABLE TO  SUCH  SCHOOL  DISTRICTS;
AND
  (E)  A LOW NEED CATEGORY AS DEFINED BY THE COMMISSIONER BASED UPON THE
NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL DISTRICTS.
  (2) THE COMMISSIONER SHALL ESTABLISH  A  METHODOLOGY  FOR  DETERMINING
WHICH  DISTRICTS  IN  EACH  CATEGORY OF DISTRICT THAT HAVE APPLIED FOR A
PERFORMANCE IMPROVEMENT GRANT HAVE SHOWN THE GREATEST ACHIEVEMENT GAINS.
PROVIDED, HOWEVER, THAT WHERE A SCHOOL DISTRICT DOES NOT HAVE THE  MINI-
MUM  NUMBER OF STUDENTS SPECIFIED BY THE COMMISSIONER FOR ACCOUNTABILITY
PURPOSES (MINIMUM "N" SIZE) IN ONE OR MORE OF THE FIVE  SUBGROUPS,  SUCH
DISTRICT SHALL NOT BE DISQUALIFIED FROM RECEIVING A GRANT, BUT A PREFER-
ENCE  SHALL  BE GIVEN TO DISTRICTS WITHIN EACH CATEGORY OF DISTRICT WITH
THE HIGHEST NUMBER OF SUBGROUPS MEETING SUCH MINIMUM "N" SIZE.
  E. THE COMMISSIONER SHALL GRANT AWARDS TO  THE  SCHOOL  DISTRICTS,  AS
RECOMMENDED  BY  THE  PEER REVIEW PANEL, AMONG THE VARIOUS CATEGORIES OF
DISTRICTS AND DETERMINE THE AMOUNT OF THE GRANT AWARD FOR EACH  ELIGIBLE
SCHOOL DISTRICT BASED UPON THE PUBLIC SCHOOL ENROLLMENT OF THE DISTRICT,
PROVIDED  THAT  NO  DISTRICT  RECEIVING A GRANT MAY BE AWARDED MORE THAN
FORTY PERCENT OF THE TOTAL AMOUNT OF GRANT AWARDS MADE PURSUANT TO  THIS
SUBDIVISION; AND PROVIDED FURTHER THAT SUCH AMOUNT MAY BE ADJUSTED BASED
UPON MEASURES OF DISTRICT NEED.
  F. ANY SCHOOL DISTRICT RECEIVING AN AWARD PURSUANT TO THIS SUBDIVISION
SHALL  EXPEND GRANT FUNDS IN ACCORDANCE WITH A HIGH-QUALITY PLAN SUBMIT-
TED WITH ITS APPLICATION IN RESPONSE TO THE REQUEST FOR PROPOSALS.  SUCH
PLAN  MUST SPECIFY HOW SUCH FUNDS WILL BE USED TO ENHANCE THE ACTIVITIES
AND STRATEGIES THAT HAVE BEEN OR WILL  BE  IMPLEMENTED  THAT  HAVE  BEEN
DEMONSTRATED  TO BE EFFECTIVE IN, OR SHOW THE MOST PROMISE FOR, INCREAS-
ING STUDENT PERFORMANCE, NARROWING  THE  STUDENT  ACHIEVEMENT  GAP,  AND
INCREASING  ACADEMIC  PERFORMANCE  IN  TRADITIONALLY UNDERSERVED STUDENT
GROUPS.
  S 3. This act shall take effect immediately.

                                 PART C

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

                                 PART D

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

S. 2808--C                         50                         A. 4008--C

sponding section of the Subpart in which it is found. Section  three  of
this act sets forth the general effective date of this act.

                                SUBPART A

  Section  1.  Paragraph a of subdivision 2 of section 355 of the educa-
tion law, as amended by chapter 552 of the laws of 1985, is  amended  to
read as follows:
  a.  To  take, hold and administer on behalf of the state university or
any institution therein, real and  personal  property  or  any  interest
therein  and  the  income  thereof either absolutely or in trust for any
educational or other  purpose  within  the  jurisdiction  and  corporate
purposes  of the state university. The trustees may acquire property for
such purposes by purchase, appropriation or lease and by the  acceptance
of  gifts, grants, bequests and devises, and, within appropriations made
therefor, may equip and furnish buildings and otherwise improve property
owned, used or occupied by the state university or any institution ther-
ein. THE TRUSTEES MAY ACQUIRE PROPERTY BY THE ACCEPTANCE OF  CONDITIONAL
GIFTS,  GRANTS, DEVISES OR BEQUESTS, THE PROVISIONS OF SECTION ELEVEN OF
THE STATE FINANCE LAW NOTWITHSTANDING. Where  real  property  is  to  be
acquired  by  purchase  or  appropriation,  such acquisition shall be in
accordance with the provisions of section three hundred  seven  of  this
chapter  except  that the powers and duties in said section mentioned to
be performed by the commissioner [of education] shall  be  performed  by
the state university trustees.
  S  2.  Subdivision 12 of section 373 of the education law, as added by
chapter 251 of the laws of 1962, is amended to read as follows:
  12. To [make] PROCURE and execute contracts, lease agreements, and all
other instruments necessary or convenient for the exercise of its corpo-
rate powers and the fulfillment of its  corporate  purposes  under  this
article.   NOTWITHSTANDING SUBDIVISION TWO OF SECTION ONE HUNDRED TWELVE
OF THE STATE FINANCE LAW OR ANY OTHER LAW TO THE CONTRARY, FUND PROCURE-
MENTS SHALL NOT BE SUBJECT TO THE PRIOR APPROVAL OF ANY STATE OFFICER OR
AGENCY;
  S 3. The opening paragraph and paragraph d of subdivision 8 of section
376 of the education law, the opening paragraph as  amended  by  chapter
877  of  the laws of 1990 and paragraph d as added by chapter 251 of the
laws of 1962, are amended to read as follows:
  All contracts which are to be awarded  pursuant  to  this  subdivision
shall  be  awarded  by  public  letting in accordance with the following
provisions,  notwithstanding  any  contrary  provision  of  section  one
hundred  thirty-five, one hundred thirty-six, one hundred thirty-nine or
one hundred forty of the state finance law OR ANY OTHER  LAW,  provided,
however,  that  where the estimated expense of any contract which may be
awarded pursuant to this subdivision is  less  than  TWO  HUNDRED  fifty
thousand dollars, a performance bond and a bond for the payment of labor
and  material  may,  in the discretion of the fund, not be required, and
except that in the discretion of the fund, a  contract  may  be  entered
into  for  such  purposes  without  public  letting  where the estimated
expense thereof is less than twenty thousand dollars, or  where  in  the
judgment of the fund an emergency condition exists as a result of damage
to  an existing academic building, dormitory or other facility which has
been caused by an act of God, fire or other casualty, or any other unan-
ticipated, sudden and unexpected occurrence, that has resulted in damage
to or a malfunction in an existing academic building, dormitory or other
facility and involves a pressing necessity for immediate repair,  recon-

S. 2808--C                         51                         A. 4008--C

struction or maintenance in order to permit the safe continuation of the
use  or  function  of  such  facility, or to protect the facility or the
life, health or safety of any person, and the nature of the work is such
that in the judgment of the fund it would be impractical and against the
public  interest  to  have  public  letting; provided, however, that the
fund, prior to awarding a contract hereunder  because  of  an  emergency
condition notify the comptroller of its intent to award such a contract:
  d. [The form of any] ANY contract awarded pursuant to this subdivision
shall  [be  approved  by the attorney general and by the comptroller and
shall] contain a clause that the contract shall be deemed  executory  to
the  extent  of  the  moneys  available  and  that no liability shall be
incurred by the fund beyond the moneys available therefor.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed June 30, 2016.

                                SUBPART B

  Section  1.  Subdivisions 5 and 6 of section 355 of the education law,
subdivision 5 as added by chapter 552 of the laws of 1985,  paragraph  a
of  subdivision  5  as amended by chapter 682 of the laws of 2007, para-
graph c of subdivision 5 as added by chapter 103 of the  laws  of  1989,
paragraph d of subdivision 5 as added by chapter 537 of the laws of 1997
and  subdivision  6  as  amended by chapter 554 of the laws of 1985, are
amended to read as follows:
  5. Notwithstanding the provisions of [paragraph]  SUBDIVISION  two  of
section one hundred twelve and sections one hundred fifteen, one hundred
sixty-one, AND one hundred sixty-three [and one hundred seventy-four] of
the  state  finance law and sections three and six of the New York state
printing and public documents law or any other law to the contrary,  the
state university trustees are authorized and empowered to:
  a.  (i) purchase materials, equipment and supplies, including computer
equipment and motor vehicles[, where the amount for  a  single  purchase
does  not  exceed  twenty  thousand dollars], (ii) execute contracts for
[services and] construction AND CONSTRUCTION-RELATED SERVICES  contracts
[to an amount not exceeding twenty thousand dollars], and (iii) contract
for printing [to an amount not exceeding five thousand dollars], without
prior  approval  by  any  other  state officer or agency, but subject to
rules and regulations of the state comptroller not otherwise  inconsist-
ent  with  the  provisions  of  this section and in accordance with [the
rules and regulations] GUIDELINES promulgated by  the  state  university
board  of  trustees  after  consultation with the state comptroller[. In
addition, the trustees, after  consultation  with  the  commissioner  of
general  services,  are  authorized to annually negotiate with the state
comptroller increases  in  the  aforementioned  dollar  limits  and  the
exemption  of  any  articles, categories of articles or commodities from
these limits.  Rules and regulations promulgated by the state university
board of trustees shall, to the extent practicable, require that compet-
itive proposals be solicited for purchases, and shall  include  require-
ments  that  purchases and contracts authorized under this section be at
the lowest available price, including consideration of prices  available
through  other state agencies, consistent with quality requirements, and
as will best promote the public interest. Such  purchases  may  be  made
directly  from  any  contractor pursuant to any contract for commodities
let by the office of general services or any other state agency];
  A-1. EXECUTE CONTRACTS FOR SERVICES TO AN AMOUNT NOT EXCEEDING  TWENTY
THOUSAND  DOLLARS  WITHOUT  PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR

S. 2808--C                         52                         A. 4008--C

AGENCY, BUT SUBJECT TO RULES AND REGULATIONS OF  THE  STATE  COMPTROLLER
NOT  OTHERWISE  INCONSISTENT  WITH THE PROVISIONS OF THIS SECTION AND IN
ACCORDANCE WITH THE GUIDELINES PROMULGATED BY THE STATE UNIVERSITY BOARD
OF  TRUSTEES AFTER CONSULTATION WITH THE STATE COMPTROLLER. IN ADDITION,
THE TRUSTEES,  AFTER  CONSULTATION  WITH  THE  COMMISSIONER  OF  GENERAL
SERVICES,  ARE  AUTHORIZED  TO  ANNUALLY  NEGOTIATE WITH THE STATE COMP-
TROLLER INCREASES IN THE AFOREMENTIONED DOLLAR LIMITS AND THE  EXEMPTION
OF ANY SERVICES OR CATEGORIES OF SERVICES FROM THESE LIMITS;
  b.  to  establish  cash advance accounts for the purpose of purchasing
materials, supplies, or services, for cash advances for travel  expenses
and per diem allowances, or for advance payment of wages and salary. The
account  may  be  used to purchase such materials, supplies, or services
where the amount of a single  purchase  does  not  exceed  [two  hundred
fifty] ONE THOUSAND dollars, in accordance with such guidelines as shall
be  prescribed  by the state university trustees after consultation with
the state comptroller[.];
  c. establish guidelines  in  consultation  with  the  commissioner  of
general  services  authorizing  participation by the state university in
programs administered by the office of general services for the purchase
of available New York state food products. The commissioner  of  general
services  shall  provide assistance to the state university necessary to
enable the university to participate in these programs[.];
  d. [(1) Award] AWARD contract  extensions  for  campus  transportation
without  competitive  bidding  where  such contracts were secured either
through competitive bidding  or  through  evaluation  of  proposals  [in
response to a request for proposals pursuant to subparagraph (2) of this
paragraph],  however such extensions may be rejected if the amount to be
paid to the contractor in any year of such proposed extension  fails  to
reflect  any  decrease  in the regional consumer price index for the New
York, New York-Northeastern, New Jersey area, based upon the  index  for
all urban consumers (CPI-U) during the preceding twelve-month period. At
the  time of any contract extension, consideration shall be given to any
competitive proposal offered by a  public  transportation  agency.  Such
contract  may be increased for each year of the contract extension by an
amount not to exceed the regional consumer price index increase for  the
New  York,  New York-Northeastern, New Jersey area, based upon the index
for all urban consumers (CPI-U), during the preceding twelve-month peri-
od, provided it has been satisfactorily established  by  the  contractor
that there has been at least an equivalent increase in the amount of his
cost of operation, during the period of the contract.
  E.  GUIDELINES  PROMULGATED  BY THE STATE UNIVERSITY BOARD OF TRUSTEES
SHALL, TO THE EXTENT PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS  BE
SOLICITED  FOR  PURCHASES, AND SHALL INCLUDE REQUIREMENTS THAT PURCHASES
AND CONTRACTS AUTHORIZED UNDER THIS SECTION BE AT THE  LOWEST  AVAILABLE
PRICE,  INCLUDING  CONSIDERATION OF PRICES AVAILABLE THROUGH OTHER STATE
AGENCIES, CONSISTENT WITH QUALITY REQUIREMENTS, AND AS WILL BEST PROMOTE
THE PUBLIC INTEREST. SUCH  PURCHASES  MAY  BE  MADE  DIRECTLY  FROM  ANY
CONTRACTOR PURSUANT TO ANY CONTRACT FOR COMMODITIES LET BY THE OFFICE OF
GENERAL SERVICES OR ANY OTHER STATE AGENCY.
  6.  To enter into any contract or agreement deemed necessary or advis-
able after consultation with appropriate state agencies for carrying out
the objects and purposes of state university  without  prior  review  or
approval by any state officer or agency other than the state comptroller
and  the  attorney  general  including  contracts with non-profit corpo-
rations organized by officers, employees, alumni or  students  of  state
university  for  the furtherance of its objects and purposes.  Contracts

S. 2808--C                         53                         A. 4008--C

or agreements entered into with the federal government to enable partic-
ipation in federal student loan programs, including any and all  instru-
ments  required  thereunder, shall not be subject to the requirements of
section  forty-one of the state finance law; provided, however, that the
state shall not be liable for any portion of any defaults which  it  has
agreed  to  assume pursuant to any such agreement in an amount in excess
of money appropriated or otherwise lawfully available  therefor  at  the
time  the  liability for payment arises.  THE FOREGOING NOTWITHSTANDING,
ANY CONTRACT MADE FOR OR BY THE STATE UNIVERSITY FOR  THE  PURCHASE  OF:
(I)  MATERIALS,  EQUIPMENT  AND  SUPPLIES, INCLUDING COMPUTER EQUIPMENT;
(II)  MOTOR  VEHICLES;  (III)  CONSTRUCTION   AND   CONSTRUCTION-RELATED
SERVICES  CONTRACTS;  AND  (IV)  PRINTING  SHALL NOT BE SUBJECT TO PRIOR
APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY.
  S 2.  Subdivision a of section 6218 of the education law,  as  amended
by chapter 697 of the laws of 1993, is amended and a new subdivision a-1
is added to read as follows:
  a.  Notwithstanding  the  provisions of [paragraph] SUBDIVISION two of
section one hundred twelve and sections one hundred fifteen, one hundred
sixty-one[,] AND one hundred sixty-three [and one hundred  seventy-four]
of  the  state  finance  law  and sections three and six of the New York
state printing and public documents law or any other law to the  contra-
ry, the city university [trustees are] IS authorized and empowered to:
  (1) (i) purchase materials, equipment and supplies, including computer
equipment  and  motor  vehicles, [where the amount for a single purchase
does not exceed twenty thousand dollars,]  (ii)  execute  contracts  for
[services   to   an   amount  not  exceeding  twenty  thousand  dollars]
CONSTRUCTION AND  CONSTRUCTION-RELATED  SERVICES  CONTRACTS,  and  (iii)
contract  for  printing  [to  an  amount  not  exceeding  five  thousand
dollars], without prior approval by any other state officer  or  agency,
but subject to rules and regulations of the state comptroller not other-
wise  inconsistent with the provisions of this section and in accordance
with the [rules and regulations]  GUIDELINES  promulgated  by  the  city
university  board  of  trustees  after consultation with the state comp-
troller. [In addition, the trustees are authorized to annually negotiate
with the state comptroller increases in the aforementioned dollar limits
and the exemption of any articles, categories of articles or commodities
from these limits. Rules and regulations promulgated by the city univer-
sity board of trustees shall, to the extent  practicable,  require  that
competitive  proposals  be  solicited  for  purchases, and shall include
requirements that purchases and contracts authorized under this  section
be at the lowest possible price.]
  (2)  EXECUTE  CONTRACTS FOR SERVICES TO AN AMOUNT NOT EXCEEDING TWENTY
THOUSAND DOLLARS WITHOUT PRIOR APPROVAL BY ANY OTHER  STATE  OFFICER  OR
AGENCY,  BUT  SUBJECT  TO RULES AND REGULATIONS OF THE STATE COMPTROLLER
NOT OTHERWISE INCONSISTENT WITH THE PROVISIONS OF THIS  SECTION  AND  IN
ACCORDANCE  WITH THE GUIDELINES PROMULGATED BY THE CITY UNIVERSITY BOARD
OF TRUSTEES AFTER CONSULTATION WITH THE STATE COMPTROLLER. IN  ADDITION,
THE  TRUSTEES,  AFTER  CONSULTATION  WITH  THE  COMMISSIONER  OF GENERAL
SERVICES, ARE AUTHORIZED TO ANNUALLY  NEGOTIATE  WITH  THE  STATE  COMP-
TROLLER  INCREASES IN THE AFOREMENTIONED DOLLAR LIMITS AND THE EXEMPTION
OF ANY SERVICES OR CATEGORIES OF SERVICES FROM THESE LIMITS.
  A-1. GUIDELINES PROMULGATED BY THE CITY UNIVERSITY BOARD  OF  TRUSTEES
SHALL,  TO THE EXTENT PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS BE
SOLICITED FOR PURCHASES, AND SHALL INCLUDE REQUIREMENTS  THAT  PURCHASES
AND  CONTRACTS  AUTHORIZED UNDER THIS SECTION BE AT THE LOWEST AVAILABLE
PRICE.

S. 2808--C                         54                         A. 4008--C

  S 3. The education law is amended by adding a new section 6283 to read
as follows:
  S 6283.  PROCUREMENTS OF THE FUND.  NOTWITHSTANDING SUBDIVISION TWO OF
SECTION  ONE HUNDRED TWELVE OF THE STATE FINANCE LAW OR ANY OTHER LAW TO
THE CONTRARY, FUND PROCUREMENTS  SHALL  NOT  BE  SUBJECT  TO  THE  PRIOR
APPROVAL OF ANY STATE OFFICER OR AGENCY.
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed June 30, 2016.

                                SUBPART C

  Section 1. Paragraph b of subdivision 16 of section 355 of the  educa-
tion  law,  as  added  by chapter 363 of the laws of 1998, is amended to
read as follows:
  b.  Notwithstanding the provisions of [subdivision two of section  one
hundred twelve of the state finance law relating to the dollar threshold
requiring  the  comptroller's approval of contracts and] SUBDIVISION TWO
OF SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW, subdivision  six
of  section  one  hundred  sixty-three  of  the state finance law[,] AND
SECTION SIXTY-THREE OF THE EXECUTIVE LAW (I) authorize contracts for the
purchase of goods [and services] for state university health care facil-
ities[:
  (1) for any contract  which  does  not  exceed  seventy-five  thousand
dollars; or
  (2)]  WITHOUT  PRIOR  APPROVAL  BY  ANY OTHER STATE OFFICER OR AGENCY,
INCLUDING CONTRACTS for joint or group purchasing arrangements [which do
not exceed seventy-five thousand dollars without prior approval  by  any
other  state, officer or agency] OF GOODS, in accordance with procedures
and requirements found in  paragraph  a  of  subdivision  five  of  this
section[.
  (3) contracts], AND (II) AUTHORIZE CONTRACTS FOR SERVICES WHICH DO NOT
EXCEED SEVENTY-FIVE THOUSAND DOLLARS WITHOUT PRIOR APPROVAL BY ANY OTHER
STATE  OFFICER  OR AGENCY IN ACCORDANCE WITH PROCEDURES AND REQUIREMENTS
FOUND IN PARAGRAPH A OF SUBDIVISION FIVE OF  THIS  SECTION.    CONTRACTS
authorized  [hereunder]  PURSUANT  TO THIS PARAGRAPH shall be subject to
article fourteen of the civil service law and the applicable  provisions
of  agreements  between the state and employee organizations pursuant to
article fourteen of the civil service law.
  The trustees are authorized to negotiate annually with the state comp-
troller increases in the aforementioned dollar limits.
  S 2. Notwithstanding any inconsistent provision in section  8  of  the
court  of claims act, subdivision 10 of section 355 of the education law
or any other provision of law, a state university health  care  facility
may include in a contract authorized by paragraph a of subdivision 16 of
section  355  of  the  education  law,  other than a contract with state
employees relating to  terms  and  conditions  of  their  employment,  a
provision  that  some  or  all disputes arising under or related to such
contract shall be resolved by binding arbitration in accordance with the
rules of a nationally-recognized arbitration association.
  S 3. This act shall take effect immediately, and shall expire  and  be
deemed repealed June 30, 2016.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section

S. 2808--C                         55                         A. 4008--C

or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S  3.  This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through C of this act  shall
be as specifically set forth in the last section of such Subparts.

                                 PART E

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

                                 PART F

  Section 1. Subdivision 1 of section  663  of  the  education  law,  as
amended  by  section  1  of part F of chapter 57 of the laws of 2009, is
amended to read as follows:
  1. Income defined. Except  as  otherwise  provided  in  this  section,
"income"  shall  be  the  total  of  the combined net taxable income and
income from pensions of New York state,  local  governments  [and],  the
federal government AND ANY PRIVATE EMPLOYER of the applicant, the appli-
cant's  spouse,  and  the applicant's parents, INCLUDING ANY PENSION AND
ANNUITY INCOME EXCLUDED FOR PURPOSES OF TAXATION PURSUANT  TO  PARAGRAPH
THREE-A  OF SUBSECTION (C) OF SECTION SIX HUNDRED TWELVE OF THE TAX LAW,
as reported in New York state income tax returns for the  calendar  year
next  preceding  the  beginning of the school year for which application
for assistance is made, except that any amount received by an  applicant
as a scholarship at an educational institution or as a fellowship grant,
including  the  value  of contributed services and accommodations, shall
not be included within the definition of "income" for  the  purposes  of
this  article.  The  term "parent" shall include birth parents, steppar-
ents, adoptive parents and the spouse of an adoptive parent. Income,  if
not  a  whole  dollar  amount,  shall be assumed to be equal to the next
lowest whole dollar amount. Any change in the  status  of  an  applicant
with  regard  to  the  persons  responsible  for the applicant's support
occurring after the beginning of any semester shall not be considered to
change the applicant's award for that semester.
  S 2. This act shall take effect July 1, 2011.

                                 PART G

S. 2808--C                         56                         A. 4008--C

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

                                 PART H

  Section 1. Subclause 1 of clause (A) of subparagraph (i) of  paragraph
a  of  subdivision  3 of section 667 of the education law, as amended by
section 1 of part B of chapter 60 of the laws of  2000,  is  amended  to
read as follows:
  (1)  In the case of students who have not been granted an exclusion of
parental income or had a dependent for income tax  purposes  during  the
tax year next preceding the academic year for which application is made,
EXCEPT  FOR  THOSE  STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL
INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT:
  (a) For students first receiving aid after  nineteen  hundred  ninety-
three--nineteen  hundred  ninety-four and before two thousand--two thou-
sand one, four thousand one hundred twenty-five dollars; or
  (b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen hundred ninety-four or earlier, three  thousand  five  hundred
seventy-five dollars; or
  (c)  For students first receiving aid in [the] two thousand--two thou-
sand one and thereafter, five thousand dollars.
  S 2. Subclause 2 of clause (A) of subparagraph (i) of paragraph  a  of
subdivision 3 of section 667 of the education law, as amended by section
1  of  part  B  of chapter 60 of the laws of 2000, is amended to read as
follows:
  (2) In the case of students receiving awards pursuant to  subparagraph
(iii)  of this paragraph AND THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLU-
SION OF PARENTAL INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT.
  (a) For students first receiving aid  in  nineteen hundred ninety-four
--nineteen  hundred  ninety-five and nineteen hundred ninety-five--nine-
teen hundred  ninety-six  and  thereafter,  three  thousand  twenty-five
dollars, or
  (b)  For students first receiving aid in nineteen hundred ninety-two--
nineteen hundred ninety-three and nineteen  hundred  ninety-three--nine-
teen   hundred  ninety-four,  two  thousand  five  hundred  seventy-five
dollars, or
  (c) For students first receiving aid in nineteen hundred  ninety-one--
nineteen  hundred ninety-two or earlier, two thousand four hundred fifty
dollars; or

S. 2808--C                         57                         A. 4008--C

  S 3. Subparagraph (iii) of paragraph a of subdivision 3 of section 667
of the education law, as amended by section 1 of part B of chapter 60 of
the laws of 2000, is amended to read as follows:
  (iii)  (A)  For  students  who have been granted exclusion of parental
income and were single with no dependent for income tax purposes  during
the  tax  year next preceding the academic year for which application is
made, the base amount, as determined in subparagraph (i) of  this  para-
graph, shall be reduced in relation to income as follows:

Amount of income                    Schedule of reduction
                                    of base amount

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

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

AMOUNT OF INCOME                    SCHEDULE OF REDUCTION
                                    OF BASE AMOUNT

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

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

                                 PART I

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

S. 2808--C                         58                         A. 4008--C

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

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

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

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

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

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

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

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

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

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

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

S. 2808--C                         59                         A. 4008--C

  Point Average

and,

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

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

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

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

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

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

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

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

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

  A STUDENT      0    6    15   27   39    51   66   81   96  111

S. 2808--C                         60                         A. 4008--C

  MUST HAVE
  ACCRUED AT
  LEAST THIS
  MANY CREDITS

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

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

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

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

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

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

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

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

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

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

S. 2808--C                         61                         A. 4008--C

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

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

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

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

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

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

  S 3. Subdivision 6 of section 665 of the education law is  amended  by
adding a new paragraph d to read as follows:
  D. FOR PURPOSES OF PARAGRAPH C OF THIS SUBDIVISION, A REMEDIAL STUDENT
SHALL MEAN A STUDENT CARRYING A FULL-TIME PROGRAM: (A) WHOSE SCORES ON A
RECOGNIZED  COLLEGE PLACEMENT EXAM OR NATIONALLY RECOGNIZED STANDARDIZED
EXAM INDICATE THE NEED FOR REMEDIATION, AS CERTIFIED BY THE  APPROPRIATE
COLLEGE  OFFICIAL  AND APPROVED BY THE COMMISSIONER, AND WHO IS ENROLLED
IN UP TO NINE SEMESTER HOURS OF NON-CREDIT REMEDIAL COURSES, AS APPROVED
BY THE COMMISSIONER, IN THEIR FIRST TERM OF STUDY, AND UP TO SIX  SEMES-
TER HOURS OF NON-CREDIT REMEDIAL COURSES, AS APPROVED BY THE COMMISSION-
ER, IN EACH TERM THEREAFTER; OR (B) WHO IS ENROLLED IN THE HIGHER EDUCA-
TION  OPPORTUNITY  PROGRAM  (HEOP),  THE  EDUCATION  OPPORTUNITY PROGRAM
(EOP), THE SEARCH FOR EDUCATION, ELEVATION AND KNOWLEDGE (SEEK) PROGRAM,
OR THE COLLEGE DISCOVERY PROGRAM.
  S 4. This act shall take effect July 1, 2011.

                                 PART J

  Section 1. Subdivision 2 of section 667 of the education law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  2. Duration. No undergraduate shall be eligible  for  more  than  four
academic  years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
study, approved by the commissioner in an institution of  higher  educa-
tion and intended to culminate in a degree in undergraduate study shall,

S. 2808--C                         62                         A. 4008--C

for  purposes of this section, be considered as enrolled in a program of
study normally requiring five years. An undergraduate  student  enrolled
in  an  eligible  two year program of study approved by the commissioner
shall  be  eligible  for no more than three academic years of study. [No
graduate student shall be eligible for more than four academic years  of
study  provided, however, that no graduate student shall be eligible for
more than one degree program at  the  master's,  first  professional  or
doctorate  level.  No student shall be eligible for a total of more than
the equivalent of eight years of  combined  undergraduate  and  graduate
study.]  Any  semester,  quarter,  or  term of attendance during which a
student receives any award under this article, after the effective  date
of the former scholar incentive program and prior to academic year nine-
teen  hundred  eighty-nine--nineteen  hundred  ninety,  shall be counted
toward the maximum term of eligibility for tuition assistance under this
section, except that any semester, quarter or term of attendance  during
which  a  student  received  an  award  pursuant  to section six hundred
sixty-six of this [article] SUBPART shall be counted as  one-half  of  a
semester,  quarter  or term, as the case may be, toward the maximum term
of eligibility under this section. Any  semester,  quarter  or  term  of
attendance  during which a student received an award pursuant to section
six hundred sixty-seven-a of this [article] SUBPART shall not be counted
toward the maximum term of eligibility under this section.
  S 2. Paragraph c of subdivision 3 of section 667 of the education  law
is REPEALED and paragraph d is relettered paragraph c.
  S  3. Subdivision 5 of section 663 of the education law, as amended by
chapter 622 of the laws of 2008, is amended to read as follows:
  5. Adjustments of income. [(a) Except for purposes of paragraphs a and
b of subdivision three of section six hundred sixty-seven of  this  part
if,  during  the  academic  year  in which the applicant will receive an
award, one or more of either the  parents  of  the  applicant  or  other
dependent  children of such parents, the spouse of the applicant, or one
or more dependent children of the applicant, in addition to  the  appli-
cant,  will  be  in  full-time  attendance  in  an approved program, the
combined net taxable income determined under  subdivision  one  of  this
section  shall  be  divided by the total number of the aforesaid persons
(including the applicant) who  will  be  in  such  attendance,  and  the
resulting  quotient shall be deemed the applicable income in determining
the applicant's award for such academic year.
  (b)] In the determination of income for purposes of paragraphs a and b
of subdivision three of section six hundred sixty-seven of this part if,
during the academic year in which the applicant will receive  an  award,
one  of  either the parents of the applicant or other dependent child of
such parents, the spouse of the applicant,  or  one  or  more  dependent
children  of  the  applicant,  in  addition to the applicant, will be in
full-time attendance in an approved program, the  combined  net  taxable
income determined under subdivision one of this section shall be reduced
by  three  thousand  dollars  and an additional two thousand dollars for
each other such person additional to the  aforesaid  persons  (including
the  applicant) who will be in such attendance, and the resulting amount
shall be deemed the applicable income  in  determining  the  applicant's
award for the academic year.
  S 4. Paragraph a of subdivision 3 of section 663 of the education law,
as  amended  by  chapter  62  of the laws of 1977, is amended to read as
follows:

S. 2808--C                         63                         A. 4008--C

  a. In determining the amount of an award for [graduate and undergradu-
ate] students, the income of  the  parents  shall  be  excluded  if  the
student has been emancipated from his parents.
  S  5. The opening paragraph of subparagraph 1 of paragraph b of subdi-
vision 3 of section 663 of the education law, as amended by chapter  101
of the laws of 1992, is amended to read as follows:
  The applicant is a student who was married on or before December thir-
ty-first  of  the  calendar  year prior to the beginning of the academic
year for which application is made or is an  undergraduate  student  who
has  reached  the age of twenty-two on or before June thirtieth prior to
the academic year for which  application  is  made  [or  is  a  graduate
student,] and who, during the calendar year next preceding the semester,
quarter  or  term of attendance for which application is made and at all
times subsequent thereto up to and including the entire period for which
application is made:
  S 6. Paragraph d of subdivision 3 of section 663 of the education law,
as amended by chapter 62 of the laws of 1977,  is  amended  to  read  as
follows:
  d.  Any [graduate or] undergraduate student who was allowed to exclude
parental income pursuant to  the  provisions  of  subdivision  three  of
section  six hundred three of this chapter as they existed prior to July
first, nineteen hundred seventy-four may continue to exclude such income
for so long as he continues to comply with such provisions.
  S 7. This act shall take effect July 1, 2011.

                                 PART K

  Section 1. Section 17 of chapter 31 of the laws of 1985, amending  the
education  law  relating to regents scholarships in certain professions,
as amended by section 1 of part I of chapter 57 of the laws of 2008,  is
amended to read as follows:
  S  17. This act shall take effect immediately; provided, however, that
the scholarship and loan forgiveness programs  established  pursuant  to
the  provisions  of  this  act shall terminate upon the granting of such
awards for the 2008-2009 school year PROVIDED, HOWEVER, THAT THE REGENTS
PHYSICIAN LOAN FORGIVENESS PROGRAM  ESTABLISHED  PURSUANT  TO  THIS  ACT
SHALL  NOT  TERMINATE  UNTIL THE GRANTING OF SUCH AWARDS FOR THE 2015-16
SCHOOL YEAR, PROVIDED THAT THE  FINAL  DISBURSEMENT  OF  ANY  MULTI-YEAR
AWARDS GRANTED IN SUCH SCHOOL YEAR SHALL BE PAID.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on the same  date  and  in  the  same
manner as part I of chapter 57 of the laws of 2008, takes effect.

                                 PART L

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

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Part I of [a] THIS chapter [of the laws of 2005 amending the  labor  law
and  other  laws  relating to implementing the state fiscal plan for the
2005-2006 state fiscal year, as proposed  in  legislative  bill  numbers
S.3667  and  A.6841,  takes  effect]; and provided further that this act
shall expire and be deemed repealed on June 30, [2010] 2016.
  S 2. This act shall take effect immediately.

                                 PART M

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

                                 PART N

  Section  1. Paragraph (b) of subdivision 12 of section 425 of the real
property tax law, as added by section 1 of part B of chapter 389 of  the
laws  of  1997,  is  amended and a new paragraph (d) is added to read as
follows:
  (b) Procedure. The assessed value attributable to each such improperly
granted exemption shall be entered separately on the next ensuing tenta-
tive or final assessment roll. The provisions of  section  five  hundred
fifty-one  or  five hundred fifty-three of this chapter, relating to the
entry by the assessor of omitted real property on a tentative  or  final
assessment  roll,  shall  apply  so far as practicable to the revocation
procedure, except that the  tax  rate  to  be  applied  to  any  revoked
exemption  shall  be  the tax rate that was applied to the corresponding
assessment roll, AND THAT INTEREST SHALL THEN  BE  ADDED  TO  EACH  SUCH
PRODUCT  AT THE RATE PRESCRIBED BY SECTION NINE HUNDRED TWENTY-FOUR-A OF
THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLICABLE FOR  EACH  MONTH  OR
PORTION  THEREON  SINCE  THE  LEVY  OF TAXES UPON THE ASSESSMENT ROLL OR
ROLLS UPON WHICH THE EXEMPTION WAS GRANTED.
  (D) APPLICABILITY. THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  BE
APPLICABLE  TO  THE  EXTENT  THAT  THE  PRIOR EXEMPTIONS SHALL HAVE BEEN
RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE.
  S 2. Subdivision 13 of section 425 of the real  property  tax  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  APPLICABILITY.  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT BE
APPLICABLE TO THE EXTENT THAT  THE  PRIOR  EXEMPTIONS  SHALL  HAVE  BEEN
RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE.
  S  3. The real property tax law is amended by adding a new section 496
to read as follows:
  S 496. VOLUNTARY RENUNCIATION OF AN EXEMPTION. 1. A PROPERTY OWNER WHO
WISHES TO GIVE UP HIS OR HER CLAIM  TO  AN  EXEMPTION  ON  ONE  OR  MORE
PRECEDING  ASSESSMENT  ROLLS  MAY  RENOUNCE  THE EXEMPTION IN THE MANNER
PROVIDED BY THIS SECTION.
  2. AN APPLICATION TO RENOUNCE AN EXEMPTION SHALL BE  MADE  ON  A  FORM
PRESCRIBED BY THE COMMISSIONER AND SHALL BE FILED WITH THE COUNTY DIREC-
TOR OF REAL PROPERTY TAX SERVICES NO LATER THAN TEN YEARS AFTER THE LEVY

S. 2808--C                         65                         A. 4008--C

OF  TAXES  UPON  THE  ASSESSMENT  ROLL  ON WHICH THE RENOUNCED EXEMPTION
APPEARS. THE COUNTY DIRECTOR, AFTER  CONSULTING  WITH  THE  ASSESSOR  AS
APPROPRIATE,  SHALL  COMPUTE  THE  TOTAL  AMOUNT  OWED ON ACCOUNT OF THE
RENOUNCED EXEMPTION AS FOLLOWS:
  (A) FOR EACH ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION APPEARS,
THE ASSESSED VALUE THAT WAS EXEMPTED SHALL BE MULTIPLIED BY THE TAX RATE
OR  RATES THAT WERE APPLIED TO THAT ASSESSMENT ROLL. INTEREST SHALL THEN
BE ADDED TO EACH SUCH PRODUCT AT THE RATE  PRESCRIBED  BY  SECTION  NINE
HUNDRED TWENTY-FOUR-A OF THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLI-
CABLE  FOR  EACH  MONTH  OR PORTION THEREON SINCE THE LEVY OF TAXES UPON
SUCH ASSESSMENT ROLL.
  (B) THE SUM OF THE CALCULATIONS MADE PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION WITH RESPECT TO ALL OF  THE  ASSESSMENT  ROLLS  IN  QUESTION
SHALL BE DETERMINED.
  (C) A PROCESSING FEE OF FIVE HUNDRED DOLLARS SHALL BE ADDED TO THE SUM
DETERMINED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  3.  AFTER  COMPUTING  THE TOTAL AMOUNT DUE ON ACCOUNT OF THE RENOUNCED
EXEMPTION, THE COUNTY DIRECTOR SHALL RETURN THE FORM  TO  THE  APPLICANT
WITH  THE  TOTAL  AMOUNT DUE NOTED THEREON. A COPY OF SUCH FORM SHALL BE
PROVIDED TO THE ASSESSOR, AND IN THE CASE OF THE STAR EXEMPTION, TO  THE
COMMISSIONER.    WITHIN FIFTEEN DAYS AFTER THE MAILING OF SUCH FORM, THE
APPLICANT SHALL PAY THE TOTAL AMOUNT DUE AS SHOWN THEREON TO THE  COUNTY
TREASURER,  WHO  SHALL ISSUE A RECEIPT FOR SUCH PAYMENT. AFTER DEDUCTING
THE PROCESSING FEE, THE COUNTY TREASURER  SHALL  DISTRIBUTE  THE  AMOUNT
COLLECTED  AMONG  THE  AFFECTED  MUNICIPAL CORPORATIONS ACCORDING TO THE
TAXES AND INTEREST OWING TO EACH, PROVIDED THAT IN THE CASE OF THE  STAR
EXEMPTION  AUTHORIZED  BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTI-
CLE, THE AMOUNT COLLECTED, INCLUDING INTEREST,  SHALL  BE  PAID  TO  THE
STATE IN THE MANNER DIRECTED BY THE COMMISSIONER.
  4. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN A CITY
WITH  A POPULATION OF ONE MILLION OR MORE, AN EXEMPTION MAY BE RENOUNCED
ON A FORM PRESCRIBED BY THE COMMISSIONER  OF  FINANCE,  AND  THE  DUTIES
IMPOSED  BY THIS SECTION UPON THE COUNTY TREASURER SHALL BE PERFORMED BY
THE COMMISSIONER OF FINANCE.
  S 4. Paragraph (e) of subdivision 3 of section 550 of the real proper-
ty tax law, as added by chapter 160 of the laws of 1988, is  amended  to
read as follows:
  (e)  an  incorrect  entry of a partial exemption on an assessment roll
for a parcel which is not eligible for such partial exemption;  PROVIDED
THAT  THE  EXEMPTION  HAS  NOT  BEEN  RENOUNCED PURSUANT TO SECTION FOUR
HUNDRED NINETY-SIX OF THIS CHAPTER; or
  S 5. Paragraph (f-1) of subdivision 1 of section 553 of the real prop-
erty tax law, as added by chapter 616 of the laws of 2002, is amended to
read as follows:
  (f-1) an incorrect entry of a partial  exemption  on  the  immediately
preceding year's assessment roll for a parcel which was not eligible for
such  exemption,  provided  that  there has not been a transfer of title
subsequent to the filing of such roll  AND  PROVIDED  FURTHER  THAT  THE
EXEMPTION  HAS NOT BEEN RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINE-
TY-SIX OF THIS CHAPTER;
  S 6. Subdivision 2 of section 1306-a of the real property tax law,  as
added  by  section  16  of part B of chapter 389 of the laws of 1997, is
amended to read as follows:
  2. Tax savings. (A)(I) The tax savings for each parcel  receiving  the
exemption authorized by section four hundred twenty-five of this chapter
shall  be computed by subtracting the amount actually levied against the

S. 2808--C                         66                         A. 4008--C

parcel from the amount that would  have  been  levied  if  not  for  the
exemption,  PROVIDED  HOWEVER,  THAT  BEGINNING  WITH  THE  TWO THOUSAND
ELEVEN-TWO THOUSAND TWELVE SCHOOL YEAR, THE TAX  SAVINGS  APPLICABLE  TO
ANY "PORTION" (WHICH AS USED HEREIN SHALL MEAN THAT PART OF AN ASSESSING
UNIT  LOCATED WITHIN A SCHOOL DISTRICT) SHALL NOT EXCEED THE TAX SAVINGS
APPLICABLE TO THAT PORTION IN THE PRIOR SCHOOL YEAR  MULTIPLIED  BY  ONE
HUNDRED  TWO PERCENT, WITH THE RESULT ROUNDED TO THE NEAREST DOLLAR. THE
TAX SAVINGS ATTRIBUTABLE TO THE BASIC AND ENHANCED EXEMPTIONS  SHALL  BE
CALCULATED SEPARATELY. IT SHALL BE THE RESPONSIBILITY OF THE COMMISSION-
ER   TO   CALCULATE   TAX  SAVINGS  LIMITATIONS  FOR  PURPOSES  OF  THIS
SUBDIVISION.
  (II) THE TAX SAVINGS APPLICABLE TO A  PORTION  FOR  THE  TWO  THOUSAND
TEN-TWO  THOUSAND  ELEVEN SCHOOL YEAR SHALL BE DETERMINED BY MULTIPLYING
THE EXEMPT AMOUNT APPLICABLE TO THE PORTION FOR THE TWO THOUSAND TEN-TWO
THOUSAND ELEVEN SCHOOL YEAR BY THE TAX RATE APPLICABLE  TO  THE  PORTION
FOR  THE TWO THOUSAND TEN-TWO THOUSAND ELEVEN SCHOOL YEAR, WITH SEPARATE
CALCULATIONS FOR THE BASIC AND ENHANCED EXEMPTIONS.
  (III) WHERE A SCHOOL TAX RATE WAS CHANGED IN THE MIDST  OF  THE  PRIOR
SCHOOL  YEAR,  AN  ANNUALIZED  SCHOOL  TAX  RATE  SHALL BE USED FOR THIS
PURPOSE. THE ANNUALIZED TAX RATE FOR THIS PURPOSE SHALL BE DETERMINED BY
CALCULATING THE AVERAGE OF THE TAX RATES  IN  EFFECT  AT  VARIOUS  TIMES
DURING  THE SCHOOL YEAR, WEIGHTED ACCORDING TO THE LENGTH OF TIME DURING
WHICH THEY WERE RESPECTIVELY APPLICABLE.
  (B) A statement shall then be placed on the tax bill for the parcel in
substantially the following form: "Your tax savings this year  resulting
from the New York state school tax relief (STAR) program is $_______."
  S  7. Section 171-u of the tax law is amended by adding a new subdivi-
sion 5 to read as follows:
  (5)(A) NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  THE
COMMISSIONER  MAY  ADOPT RULES PRESCRIBING A UNIFORM STATEWIDE SYSTEM OF
PARCEL IDENTIFICATION NUMBERS APPLICABLE TO ALL  "ASSESSING  UNITS",  AS
THAT TERM IS DEFINED BY SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX
LAW, PROVIDED THAT NO SUCH RULE SHALL APPLY TO AN ASSESSMENT ROLL WITH A
TAXABLE STATUS DATE OCCURRING PRIOR TO JANUARY FIRST, TWO THOUSAND THIR-
TEEN.
  (B)  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, THE
COMMISSIONER MAY, AT HIS OR HER DISCRETION, ADOPT RULES THAT ARE  APPLI-
CABLE  ONLY  TO  "SPECIAL  ASSESSING  UNITS," AS THAT TERM IS DEFINED BY
SECTION EIGHTEEN HUNDRED  ONE  OF  THE  REAL  PROPERTY  TAX  LAW,  WHICH
PRESCRIBE  AN ALTERNATIVE SYSTEM OF PARCEL IDENTIFICATION NUMBERS SOLELY
FOR SUCH SPECIAL ASSESSING UNITS.
  S 8. This act shall take effect immediately.

                                 PART O

  Section 1. Paragraphs b and c of subdivision 1 of section 4405 of  the
education  law,  paragraph  b  as  amended  and  paragraph c as added by
section 2 of part G2 of chapter 62 of the laws of 2003, are  amended  to
read as follows:
  b. Expenditures made by a social services district for the maintenance
of  [a  child with a disability placed in a residential school under the
provisions of this article, including a child with a  disability  placed
in  a  special  act  school  district  by a school district committee on
special education pursuant to this article, or] a child with a disabili-
ty placed in a state school under the provisions of articles eighty-sev-
en and eighty-eight of this chapter shall be subject to reimbursement by

S. 2808--C                         67                         A. 4008--C

the state pursuant to the provisions of subdivision ten of  section  one
hundred  fifty-three  of  the  social  services  law. Expenditures shall
include both direct payments and deductions from state aid made  by  the
comptroller, if any, in lieu of such direct payments.
  c. Expenditures made by a social services district for the maintenance
of  a  child  with a disability placed in a residential school under the
provisions of this article, including a child with a  disability  placed
by  a  school  district  committee on special education pursuant to this
article in a special act school district, or a state school  subject  to
the  provisions  of articles eighty-seven and eighty-eight of this chap-
ter,  shall  be  subject  to  [twenty]  FIFTY-SIX  AND   EIGHT   HUNDRED
FORTY-EIGHT  THOUSANDTHS  percent  reimbursement  by  the child's school
district of residence pursuant to the provisions of subdivision  ten  of
section  one  hundred fifty-three of the social services law. The amount
of such reimbursement shall be a charge upon  such  school  district  of
residence.
  S  2.  Subdivision  10  of  section 153 of the social services law, as
amended by section 1 of part G2 of chapter 62 of the laws  of  2003,  is
amended to read as follows:
  10.  Expenditures  made  by a social services district for the mainte-
nance of children with disabilities, placed by school districts,  pursu-
ant  to  section  forty-four hundred five of the education law shall, if
approved by the office of children and family services,  be  subject  to
[forty  percent  reimbursement  by  the  state and twenty] FIFTY-SIX AND
EIGHT HUNDRED FORTY-EIGHT THOUSANDTHS percent  reimbursement  by  school
districts in accordance with paragraph (c) of subdivision one of section
forty-four  hundred  five  of  the  education law, after first deducting
therefrom any federal funds received or to be  received  on  account  of
such  expenditures,  except  that  in  the case of a student attending a
state-operated school for the deaf or blind pursuant to article  eighty-
seven  or  eighty-eight  of the education law who was not placed in such
school by a school district such expenditures shall be subject to  fifty
percent  reimbursement  by the state after first deducting therefrom any
federal funds received or to be received on account of such expenditures
and there shall be no reimbursement by school districts.  Such  expendi-
tures  shall  not  be  subject to the limitations on state reimbursement
contained in subdivision two of section  one  hundred  fifty-three-k  of
this [chapter] TITLE. In the event of the failure of the school district
to  make  the  maintenance  payment  pursuant  to the provisions of this
subdivision, the state comptroller shall withhold state reimbursement to
any such school district in an amount equal to the unpaid obligation for
maintenance and pay over such sum to the social services  district  upon
certification  of  the commissioner of the office of children and family
services and the commissioner of education that such funds  are  overdue
and  owed  by  such school district.   The commissioner of the office of
children and family services, in consultation with the  commissioner  of
education,  shall  promulgate regulations to implement the provisions of
this subdivision.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and  effect  on  and after January 1, 2011;
provided, however, that the amendments to subdivision 10 of section  153
of  the  social  services  law made by section two of this act shall not
affect the expiration of such subdivision and shall expire therewith.

                                 PART P

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  Intentionally omitted.

                                 PART Q

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

                                SUBPART A

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

                                SUBPART B

  Section 1. Subdivision 3 of section 502 of the executive law, as added
by chapter 465 of the laws of 1992, is amended to read as follows:
  3. "Detention" means the temporary care and maintenance of youth  held
away from their homes pursuant to article three [or seven] of the family
court act, or held pending a hearing for alleged violation of the condi-
tions  of  release  from  [a  division] AN OFFICE OF CHILDREN AND FAMILY
SERVICES facility or authorized agency, or held pending  a  hearing  for
alleged  violation of the condition of parole as a juvenile offender, or
held pending return to a jurisdiction other than the one  in  which  the
youth  is held, or held pursuant to a securing order of a criminal court
if the youth named therein as principal is charged as a juvenile  offen-
der or held pending a hearing on an extension of placement or held pend-
ing transfer to a facility upon commitment or placement by a court. Only
alleged  or  convicted  juvenile  offenders  who have not attained their
eighteenth birthday shall be subject to detention in a detention facili-
ty.
  S 2. Subdivision 4, paragraphs (b) and (c) of subdivision 5 and subdi-
vision 7 of section 503 of the executive law, as amended by chapter  465
of the laws of 1992, are amended to read as follows:
  4.  The  [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall visit
and inspect all facilities used for detention and make periodic  reports
of  the  operation  and  adequacy  of  such facilities, and the need for
provision of such facilities to the county executive, if there  be  one,
the  county  legislature  and  the  family court judges of the county in
which such facilities are located, and  the  office  of  court  adminis-
tration.  [The  department  of  social services shall cooperate with the
division for  youth  to  make  arrangements  for  joint  visitation  and
inspection of foster care programs certified by the department of social
services  and  serving  youth detained, in cities having a population of
one million or more, pursuant to article seven of the family court act.]
  (b) The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may  suspend
a  certification  for  good  cause  shown. Suspension shall mean that no

S. 2808--C                         69                         A. 4008--C

persons coming within the provisions of article three [or seven] of  the
family  court  act  and no alleged or convicted juvenile offender may be
received for care in a detention facility, but persons already  in  care
may  remain in care. The [division] OFFICE may impose such conditions in
the event of a suspension as it shall deem necessary and proper.
  (c) [The division] SUCH OFFICE may revoke  a  certification  for  good
cause  shown.  Revocation  shall  mean that no persons coming within the
provisions of article three [or seven] of the family court  act  and  no
alleged  or  convicted  juvenile  offender  may be received for care nor
remain at the detention facility.
  7. The person in charge of each detention facility shall keep a record
of all time spent in such facility for each youth in care. The detention
facility shall deliver a certified transcript  of  such  record  to  the
[division]  OFFICE,  social  services  district,  or other agency taking
custody of the youth pursuant to article three [or seven] of the  family
court  act, before, or at the same time as the youth is delivered to the
[division] OFFICE, district or other agency, as is appropriate.
  S 3. The executive law is amended by adding a  new  section  529-b  to
read as follows:
  S 529-B.  SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM. 1.
(A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, ELIGIBLE
EXPENDITURES BY AN ELIGIBLE MUNICIPALITY FOR SERVICES TO DIVERT YOUTH AT
RISK OF, ALLEGED TO BE, OR  ADJUDICATED  AS  JUVENILE  DELINQUENTS  FROM
PLACEMENT  IN DETENTION OR IN RESIDENTIAL CARE SHALL BE SUBJECT TO STATE
REIMBURSEMENT UNDER THE SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
PROGRAM FOR UP TO SIXTY-TWO PERCENT OF THE MUNICIPALITY'S  EXPENDITURES,
SUBJECT  TO  AVAILABLE APPROPRIATIONS AND EXCLUSIVE OF ANY FEDERAL FUNDS
MADE AVAILABLE FOR SUCH  PURPOSES,  NOT  TO  EXCEED  THE  MUNICIPALITY'S
DISTRIBUTION  UNDER THE SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
PROGRAM.
  (B) THE STATE FUNDS APPROPRIATED FOR  THE  SUPERVISION  AND  TREATMENT
SERVICES  FOR JUVENILES PROGRAM SHALL BE DISTRIBUTED TO ELIGIBLE MUNICI-
PALITIES BY THE OFFICE OF CHILDREN AND FAMILY SERVICES BASED ON  A  PLAN
DEVELOPED  BY  THE  OFFICE  WHICH  MAY  CONSIDER  HISTORICAL INFORMATION
REGARDING THE NUMBER OF YOUTH SEEN AT PROBATION INTAKE  FOR  AN  ALLEGED
ACT  OF  DELINQUENCY,  THE  NUMBER  OF  YOUTH REMANDED TO DETENTION, THE
NUMBER OF JUVENILE DELINQUENTS PLACED WITH THE  OFFICE,  THE  NUMBER  OF
JUVENILE  DELINQUENTS  PLACED IN RESIDENTIAL CARE WITH THE MUNICIPALITY,
THE MUNICIPALITY'S REDUCTION IN THE USE  OF  DETENTION  AND  RESIDENTIAL
PLACEMENTS,  AND  OTHER  FACTORS  AS DETERMINED BY THE OFFICE. SUCH PLAN
DEVELOPED BY THE OFFICE SHALL BE SUBJECT TO THE APPROVAL OF THE DIRECTOR
OF THE BUDGET. THE OFFICE IS AUTHORIZED,  IN  ITS  DISCRETION,  TO  MAKE
ADVANCE  DISTRIBUTIONS  TO  A  MUNICIPALITY  IN  ANTICIPATION  OF  STATE
REIMBURSEMENT.
  2. AS USED IN THIS SECTION, THE TERM "MUNICIPALITY" SHALL MEAN A COUN-
TY, OR A CITY HAVING A POPULATION OF ONE MILLION OR  MORE,  AND  "SUPER-
VISION  AND TREATMENT SERVICES FOR JUVENILES" SHALL MEAN COMMUNITY-BASED
SERVICES OR PROGRAMS DESIGNED TO SAFELY MAINTAIN YOUTH IN THE  COMMUNITY
PENDING  A FAMILY COURT DISPOSITION AND SERVICES OR PROGRAMS PROVIDED TO
YOUTH ADJUDICATED AS JUVENILE DELINQUENTS TO PREVENT RESIDENTIAL  PLACE-
MENT  OF  SUCH YOUTH OR A RETURN TO PLACEMENT WHERE SUCH YOUTH HAVE BEEN
RELEASED TO THE COMMUNITY FROM RESIDENTIAL PLACEMENT.   SUPERVISION  AND
TREATMENT  SERVICES  FOR  JUVENILES  MAY  INCLUDE BUT ARE NOT LIMITED TO
SERVICES OR PROGRAMS THAT:
  (A) PROVIDE OR FACILITATE SUPPORT TO  SUCH  YOUTH  FOR  MENTAL  HEALTH
DISORDERS,  SUBSTANCE  ABUSE  PROBLEMS,  OR  LEARNING  DISABILITIES THAT

S. 2808--C                         70                         A. 4008--C

CONTRIBUTE TO SUCH YOUTH BEING AT RISK FOR DETENTION, RESIDENTIAL PLACE-
MENT, OR RETURN TO DETENTION OR RESIDENTIAL PLACEMENT;
  (B) PROVIDE TEMPORARY RESPITE CARE;
  (C)  PROVIDE  FAMILY  THERAPY  OR SUPPORT OR EXPLORE ALTERNATE HOUSING
OPTIONS FOR YOUTH WHO ARE AT RISK FOR DETENTION OR PLACEMENT DUE TO  THE
ABSENCE OF AN AVAILABLE HOME;
  (D) PROVIDE POST-RELEASE SUPPORT WITHIN THE YOUTH'S COMMUNITY; OR
  (E) REDUCE ARREST RATES OR RECIDIVISM.
  3. (A) THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY SHALL DESIGNATE
A LEAD AGENCY FOR THE PURPOSES OF PLANNING AND ADMINISTERING THE MUNICI-
PALITY'S  SUPERVISION  AND  TREATMENT SERVICES FOR JUVENILES PROGRAM. IN
ORDER FOR A MUNICIPALITY TO BE ELIGIBLE TO RECEIVE REIMBURSEMENT  PURSU-
ANT TO THIS SECTION, SUCH MUNICIPALITY MUST SUBMIT AN ANNUAL PLAN TO THE
OFFICE OF CHILDREN AND FAMILY SERVICES DETAILING HOW THE SUPERVISION AND
TREATMENT  SERVICES  FOR  JUVENILES  WILL BE PROVIDED WITHIN THE MUNICI-
PALITY. THE MUNICIPALITY SHALL DEVELOP SUCH PLAN IN COOPERATION WITH THE
APPLICABLE LOCAL GOVERNMENTAL DEPARTMENTS RESPONSIBLE FOR PROBATION, LAW
ENFORCEMENT, DETENTION,  AND  SOCIAL  SERVICES;  AND  WITH  THE  COURTS,
SERVICE PROVIDERS, SCHOOLS AND YOUTH DEVELOPMENT PROGRAMS. THE PLAN MUST
BE APPROVED BY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY, AND MUST
INCLUDE:
  (I)  AN ANALYSIS THAT IDENTIFIES THE NEIGHBORHOODS OR COMMUNITIES FROM
WHICH THE GREATEST  NUMBER  OF  JUVENILE  DELINQUENTS  ARE  REMANDED  TO
DETENTION OR RESIDENTIALLY PLACED;
  (II)  WHERE THE USE OF DETENTION OR RESIDENTIAL PLACEMENT IN THE MUNI-
CIPALITY SHOWS A SIGNIFICANT  RACIAL  OR  ETHNIC  DISPROPORTIONALITY,  A
DESCRIPTION  OF  HOW THE SERVICES PROPOSED FOR FUNDING WILL ADDRESS SUCH
DISPROPORTIONALITY;
  (III) A DESCRIPTION OF HOW THE  SERVICES  AND  PROGRAMS  PROPOSED  FOR
FUNDING  WILL  REDUCE  THE NUMBER OF YOUTH FROM THE MUNICIPALITY WHO ARE
DETAINED AND RESIDENTIALLY PLACED; HOW SUCH SERVICES  AND  PROGRAMS  ARE
FAMILY-FOCUSED;  AND  WHETHER  SUCH SERVICES AND PROGRAMS ARE CAPABLE OF
BEING REPLICATED ACROSS MULTIPLE SITES;
  (IV) A DESCRIPTION OF THE DEMONSTRATED EFFECTIVENESS OF SUCH  SERVICES
AND  PROGRAMS  OR  OTHER JUSTIFICATION WHY THE SERVICES AND PROGRAMS ARE
PROPOSED FOR FUNDING;
  (V) PROJECTED PERFORMANCE OUTCOMES FOR  SUCH  SERVICES  AND  PROGRAMS,
INCLUDING  AN ESTIMATE OF THE ANTICIPATED REDUCTIONS IN DETENTION UTILI-
ZATION AND RESIDENTIAL PLACEMENTS, AND OTHER PROJECTED POSITIVE OUTCOMES
FOR YOUTH WHO PARTICIPATE IN THE SERVICES AND PROGRAMS; AND
  (VI) FOR EACH YEAR THAT THE MUNICIPALITY SUBMITS A PLAN AS REQUIRED BY
THIS SECTION, THE MUNICIPALITY MUST PROVIDE  THE  FOLLOWING  INFORMATION
FOR  THE MOST RECENT PRECEDING YEAR FOR WHICH SUCH MUNICIPALITY RECEIVED
FUNDING:
  (A) THE NUMBER OF YOUTH WHO PARTICIPATED IN THE SERVICES AND  PROGRAMS
FUNDED PURSUANT TO THIS SECTION; AND
  (B)   WHETHER   THE  SERVICES  AND  PROGRAMS  ACHIEVED  THE  PROJECTED
REDUCTIONS IN DETENTION UTILIZATION AND RESIDENTIAL PLACEMENTS AND OTHER
PERFORMANCE OUTCOMES.
  (B) A MUNICIPALITY'S PLAN SHALL BE SUBMITTED TO THE OFFICE OF CHILDREN
AND FAMILY SERVICES FOR REVIEW AND APPROVAL. THE OFFICE MAY APPROVE  ALL
OR PART OF THE PLAN BASED ON THE POTENTIAL EFFECTIVENESS OF THE PLAN.
  (I) IF THE OFFICE DOES NOT APPROVE A PLAN, THE MUNICIPALITY SHALL HAVE
SIXTY DAYS TO SUBMIT AN AMENDED PLAN.

S. 2808--C                         71                         A. 4008--C

  (II) UPON APPROVAL OF A PLAN, THE OFFICE SHALL NOTIFY THE MUNICIPALITY
AND POST THE APPROVED PLAN ON THE OFFICE OF CHILDREN AND FAMILY SERVICES
WEBSITE.
  (C)  ANY  CLAIMS  SUBMITTED  BY A MUNICIPALITY FOR REIMBURSEMENT FOR A
PARTICULAR PROGRAM YEAR FOR WHICH  THE  MUNICIPALITY  DOES  NOT  RECEIVE
STATE  REIMBURSEMENT  DURING  THE  APPLICABLE  PROGRAM  YEAR  MAY NOT BE
CLAIMED AGAINST THAT  MUNICIPALITY'S  DISTRIBUTION  FOR  ANY  SUCCEEDING
PROGRAM  YEAR.  THE  OFFICE MAY REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO
THE OFFICE ELECTRONICALLY IN THE  MANNER  AND  FORMAT  REQUIRED  BY  THE
OFFICE.
  (D) ANY MUNICIPALITY SUBMITTING CLAIMS FOR REIMBURSEMENT SHALL CERTIFY
TO  THE  OFFICE  THAT  SUPERVISION  AND TREATMENT SERVICES FOR JUVENILES
PROGRAM FUNDS WERE NOT USED TO SUPPLANT OTHER STATE AND LOCAL FUNDS, AND
SUCH CLAIMS FOR REIMBURSEMENT ARE NOT FOR THE SAME  TYPE  AND  LEVEL  OF
SERVICES  THAT THE MUNICIPALITY PROVIDED UNDER ANY CONTRACT IN EXISTENCE
ON SEPTEMBER THIRTIETH, TWO THOUSAND TEN  THAT  WAS  FUNDED  OTHER  THAN
THROUGH THE OFFICE OF CHILDREN AND FAMILY SERVICES AS COMMUNITY OPTIONAL
PREVENTIVE,  ALTERNATIVES  TO  DETENTION,  ALTERNATIVES  TO  RESIDENTIAL
PLACEMENT, PREVENTIVE, INDEPENDENT LIVING, OR AFTER CARE SERVICES.
  4. TWO OR MORE ELIGIBLE MUNICIPALITIES MAY JOIN TOGETHER TO ESTABLISH,
OPERATE AND MAINTAIN SUPERVISION AND TREATMENT  SERVICES  FOR  JUVENILES
PROGRAMS  AND  MAY  MAKE AND PERFORM AGREEMENTS IN CONNECTION THEREWITH.
SUCH AGREEMENTS SHALL INCLUDE PROVISIONS FOR THE PROPORTIONATE  COST  TO
BE  BORNE  BY  EACH  MUNICIPALITY  AND  FOR  THE MANNER OF EMPLOYMENT OF
PERSONNEL AND MAY PROVIDE THAT A FISCAL OFFICER OF ONE SUCH MUNICIPALITY
SHALL BE THE CUSTODIAN OF THE MONEYS MADE AVAILABLE FOR EXPENDITURE  FOR
SUCH  PURPOSES  BY  ALL SUCH MUNICIPALITIES AND THAT SUCH FISCAL OFFICER
MAY MAKE PAYMENTS THEREFROM UPON AUDIT OF THE APPROPRIATE AUDITING  BODY
OR OFFICER OF HIS MUNICIPALITY. IN MAKING CLAIMS FOR STATE REIMBURSEMENT
PURSUANT  TO THIS SECTION, EACH MUNICIPALITY SHALL CLAIM FOR ITS PROPOR-
TIONATE SHARE OF EXPENDITURES. HOWEVER, WHERE THE AGREEMENT PROVIDES FOR
A DISBURSING MUNICIPALITY, SUCH DISBURSING MUNICIPALITY SHALL CLAIM  FOR
THE  TOTAL  JOINT PROGRAM EXPENDITURES MADE AND SHALL DISBURSE THE STATE
REIMBURSEMENT TO EACH PARTICIPATING MUNICIPALITY BASED UPON THE  PROPOR-
TIONATE SHARE OF EACH PARTICIPATING MUNICIPALITY'S EXPENDITURES.
  S  4.  Subdivisions 1, 2, 2-a, 3 and 4 of section 530 of the executive
law, subdivisions 1, 3 and 4 as amended by chapter 880 of  the  laws  of
1976,  subdivision  2  as  amended  by  chapter 920 of the laws of 1982,
subdivision 2-a as added and paragraph (a) of subdivision 4  as  amended
by chapter 419 of the laws of 1987, the closing paragraph of subdivision
2-a  as amended by chapter 465 of the laws of 1992, and paragraph (c) of
subdivision 4 as added by chapter 169 of the laws of 1994,  are  amended
to read as follows:
  1. Definitions. As used in this section, the [terms "local charge" and
"state  charge"  shall  have  the meaning ascribed to them in the social
services law] TERM "MUNICIPALITY" SHALL MEAN A COUNTY, OR A CITY  HAVING
A POPULATION OF ONE MILLION OR MORE.
  2.  Expenditures made by [social services districts] MUNICIPALITIES in
providing care, maintenance and supervision to youth in detention facil-
ities [designated pursuant to sections  seven  hundred  twenty-four  and
305.2  of the family court act and certified by the division for youth,]
shall be subject to reimbursement by the state  [upon  approval  by  the
division in accordance with its regulations], as follows:
  [(1)  the  full  amount expended by the district for care, maintenance
and supervision of state charges;

S. 2808--C                         72                         A. 4008--C

  (2) fifty percent of the amount expended for the care, maintenance and
supervision of local charges where counties conform with requirements of
subdivision B of section two hundred eighteen-a of the county law.
  2-a.  Expenditures  made  by  the  city of New York in providing care,
maintenance and supervision to youth detained pursuant to article  seven
of  the family court act in foster care facilities approved by the state
department of social services shall be subject to reimbursement  by  the
state upon the approval of the division, as follows:
  (1)  the  full  per  diem  rate  set by the state department of social
services for such programs for the care, maintenance and supervision  of
state charges;
  (2)  fifty percent of the per diem rate set by the state department of
social services for such programs for the care, maintenance  and  super-
vision  of local charges.  Notwithstanding the provisions of this subdi-
vision, section three hundred ninety-eight-a of the social services  law
shall  not  apply  to  facilities  certified by the division pursuant to
section five hundred three of this  chapter.]  (A)  NOTWITHSTANDING  ANY
PROVISION  OF  LAW  TO  THE CONTRARY, ELIGIBLE EXPENDITURES BY A MUNICI-
PALITY FOR THE CARE MAINTENANCE AND SUPERVISION IN SECURE AND NON-SECURE
DETENTION FACILITIES CERTIFIED BY THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  IN  ACCORDANCE WITH SECTION FIVE HUNDRED THREE OF THIS ARTICLE
PROVIDED DURING A PARTICULAR PROGRAM YEAR FOR THOSE YOUTH ALLEGED TO  BE
JUVENILE  DELINQUENTS;  ADJUDICATED  JUVENILE  DELINQUENTS  HELD PENDING
TRANSFER TO A FACILITY UPON PLACEMENT, AND JUVENILE DELINQUENTS HELD  AT
THE REQUEST OF THE OFFICE OF CHILDREN AND FAMILY SERVICES PENDING EXTEN-
SION  OF  PLACEMENT  HEARINGS  OR  RELEASE  REVOCATION HEARINGS OR WHILE
AWAITING DISPOSITION OF SUCH  HEARINGS;  AND  YOUTH  ALLEGED  TO  BE  OR
CONVICTED  AS JUVENILE OFFENDERS SHALL BE SUBJECT TO STATE REIMBURSEMENT
FOR UP TO FIFTY PERCENT OF THE MUNICIPALITY'S EXPENDITURES, EXCLUSIVE OF
ANY FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSES, NOT  TO  EXCEED  THE
MUNICIPALITY'S  DISTRIBUTION  FROM  FUNDS  THAT  HAVE  BEEN APPROPRIATED
SPECIFICALLY THEREFOR FOR THAT PROGRAM YEAR; PROVIDED, FURTHER, HOWEVER,
THAT COMMENCING JANUARY FIRST, TWO THOUSAND TWELVE, REIMBURSEMENT FROM A
MUNICIPALITY'S DISTRIBUTION FOR YOUTH ALLEGED TO BE JUVENILE DELINQUENTS
SHALL ONLY BE AVAILABLE FOR THOSE YOUTH WHO HAVE BEEN ASSESSED  PURSUANT
TO  A  DETENTION  RISK  ASSESSMENT  INSTRUMENT APPROVED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES AS HIGH RISK FOR: NOT APPEARING IN COURT ON
THE RETURN DATE; OR, BEFORE SUCH RETURN  DATE,  FOR  COMMITTING  AN  ACT
WHICH  IF COMMITTED BY AN ADULT WOULD CONSTITUTE A CRIME. MUNICIPALITIES
SHALL IMPLEMENT THE USE OF DETENTION RISK ASSESSMENT  INSTRUMENTS  IN  A
MANNER  PRESCRIBED  BY  THE  OFFICE SO AS TO INFORM DETENTION DECISIONS.
NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE  CONTRARY,  DATA
NECESSARY  FOR  COMPLETION OF A DETENTION RISK ASSESSMENT INSTRUMENT AND
CLAIMING  REIMBURSEMENT  FOR  DETENTION  SHALL  BE  SHARED  BETWEEN  LAW
ENFORCEMENT,  PROBATION, COURTS, DETENTION ADMINISTRATORS, AND DETENTION
PROVIDERS, AND A COPY OF THE COMPLETED DETENTION RISK ASSESSMENT INSTRU-
MENT SHALL BE MADE AVAILABLE TO THE APPLICABLE DETENTION PROVIDER.
  (B) THE STATE FUNDS APPROPRIATED FOR JUVENILE DETENTION SERVICES SHALL
BE DISTRIBUTED TO ELIGIBLE MUNICIPALITIES BY THE OFFICE OF CHILDREN  AND
FAMILY  SERVICES  BASED  ON  A  PLAN  DEVELOPED  BY THE OFFICE WHICH MAY
CONSIDER HISTORICAL INFORMATION REGARDING THE NUMBER OF  YOUTH  REMANDED
TO  DETENTION, THE MUNICIPALITY'S REDUCTION IN THE USE OF DETENTION, THE
MUNICIPALITY'S YOUTH POPULATION, AND OTHER FACTORS AS DETERMINED BY  THE
OFFICE.  SUCH  PLAN  DEVELOPED  BY  THE  OFFICE  SHALL BE SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET. THE OFFICE IS AUTHORIZED, IN ITS

S. 2808--C                         73                         A. 4008--C

DISCRETION, TO MAKE ADVANCE DISTRIBUTIONS TO A  MUNICIPALITY  IN  ANTIC-
IPATION OF STATE REIMBURSEMENT.
  (C)  A MUNICIPALITY MAY ALSO USE THE FUNDS DISTRIBUTED TO IT FOR JUVE-
NILE DETENTION SERVICES UNDER THIS SECTION FOR A PARTICULAR PROGRAM YEAR
FOR FIFTY PERCENT STATE  REIMBURSEMENT  FOR  SUPERVISION  AND  TREATMENT
SERVICES  FOR  JUVENILES  PROGRAMS PROVIDED DURING AN APPLICABLE PROGRAM
YEAR TO AT-RISK, ALLEGED OR ADJUDICATED JUVENILE DELINQUENTS IN COMMUNI-
TY-BASED NON-RESIDENTIAL SETTINGS THAT HAVE NOT OTHERWISE  BEEN  SUBJECT
TO  STATE REIMBURSEMENT UNDER SECTION FIVE HUNDRED TWENTY-NINE-B OF THIS
TITLE. ANY CLAIMS SUBMITTED BY  A  MUNICIPALITY  FOR  REIMBURSEMENT  FOR
DETENTION  SERVICES  OR SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
PROVIDED DURING A PARTICULAR PROGRAM YEAR  FOR  WHICH  THE  MUNICIPALITY
DOES  NOT  RECEIVE  STATE REIMBURSEMENT FROM THE MUNICIPALITY'S DISTRIB-
UTION OF DETENTION SERVICES FUNDS FOR  THAT  PROGRAM  YEAR  MAY  NOT  BE
CLAIMED AGAINST THE MUNICIPALITY'S DISTRIBUTION OF FUNDS AVAILABLE UNDER
THIS  SECTION  FOR  THE  NEXT  APPLICABLE  PROGRAM  YEAR. THE OFFICE MAY
REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE  OFFICE  ELECTRONICALLY  AT
SUCH TIMES AND IN THE MANNER AND FORMAT REQUIRED BY THE OFFICE.
  3. Wherever detention services are not provided directly or indirectly
by  a  [social  services  district] MUNICIPALITY, the [district] MUNICI-
PALITY shall act as the intermediary between the  [division]  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES  and  the agency lawfully providing such
services, for the  purpose  of  claiming  and  receiving  reimbursement,
furnishing  financial  information  and  obtaining approval for reserved
accommodations pursuant to this section.
  4. (a) The [social services districts] MUNICIPALITY  must  notify  the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES of state aid
received  under  other  state  aid formulas by each detention facility[,
and, in the city of New York, by each  foster  care  facility  which  is
providing  care,  maintenance  and supervision] for which the [district]
MUNICIPALITY is seeking reimbursement pursuant to this section,  includ-
ing  but  not limited to, aid for education, probation and mental health
services.
  (b) In computing reimbursement  to  the  [social  services  districts]
MUNICIPALITY  pursuant  to  this  section,  the  [division] OFFICE shall
insure that the aggregate of state aid  under  all  state  aid  formulas
shall  not  exceed  fifty  percent  of the cost of care, maintenance and
supervision provided TO detainees ELIGIBLE FOR STATE REIMBURSEMENT UNDER
SUBDIVISION TWO OF THIS SECTION,  exclusive  of  federal  aid  for  such
purposes  NOT  TO  EXCEED  THE AMOUNT OF THE MUNICIPALITY'S DISTRIBUTION
UNDER THE JUVENILE DETENTION SERVICES PROGRAM.
  (c) Reimbursement for administrative related expenditures  as  defined
by the [director of the division for youth] OFFICE OF CHILDREN AND FAMI-
LY  SERVICES,  for  secure  and  nonsecure  detention services shall not
exceed seventeen percent of the total approved expenditures for  facili-
ties of twenty-five beds or more and shall not exceed twenty-one percent
of  the  total approved expenditures for facilities with less than twen-
ty-five beds.
  S 5. Subparagraphs 1, 2 and 4 of paragraph (a) and  paragraph  (b)  of
subdivision 5 of section 530 of the executive law, as amended by chapter
920  of  the  laws  of 1982, subparagraph 4 of paragraph (a) as added by
chapter 419 of the laws of 1987, are amended to read as follows:
  (1) temporary care, maintenance and supervision provided alleged juve-
nile delinquents [and persons  in  need  of  supervision]  in  detention
facilities  certified  pursuant  to  [sections seven hundred twenty-four
and] SECTION 305.2 of the family court act by the [division  for  youth]

S. 2808--C                         74                         A. 4008--C

OFFICE  OF CHILDREN AND FAMILY SERVICES, pending adjudication of alleged
delinquency [or alleged need of supervision] by  the  family  court,  or
pending  transfer  to  institutions to which committed or placed by such
court  or while awaiting disposition by such court after adjudication or
held pursuant to a securing order of a  criminal  court  if  the  person
named therein as principal is under sixteen; or,
  (2)  temporary  care,  maintenance  and  supervision provided juvenile
delinquents [and persons in need of supervision] in  approved  detention
facilities at the request of the [division for youth] OFFICE OF CHILDREN
AND  FAMILY SERVICES pending release revocation hearings or while await-
ing disposition after such hearings; or
  [(4)  temporary  care,  maintenance  and  supervision  provided  youth
detained  in  the city of New York in foster care facilities pursuant to
article seven of the family court act.]
  (b) Payments made for reserved accommodations, whether or not in  full
time  use,  approved  by the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES and certified pursuant to [sections seven hundred  twen-
ty-four  and]  SECTION 305.2 of the family court act, in order to assure
that adequate accommodations will be available for the immediate  recep-
tion  and  proper  care  therein  of youth for which detention costs are
reimbursable pursuant to paragraph (a) of  this  subdivision,  shall  be
reimbursed  as  expenditures  for  care, maintenance and supervision [of
local charges] under the provisions of this section, provided the [divi-
sion] OFFICE shall have given its  prior  approval  for  reserving  such
accommodations.
  S  6.  Subdivisions  7  and  8 of section 530 of the executive law are
REPEALED and subdivision 9, as added by section 2 of part C  of  chapter
83  of the laws of 2002, is renumbered subdivision 7 and amended to read
as follows:
  7. The agency administering detention for each county and the city  of
New  York shall submit to the office of children and family services, AT
SUCH TIMES AND in such form and manner AND CONTAINING  SUCH  INFORMATION
as required by the office of children and family services, [a quarterly]
AN  ANNUAL report on youth remanded pursuant to article three [or seven]
of the family court act who are detained [for forty-five days or more in
any twelve month period] DURING EACH CALENDAR YEAR INCLUDING, COMMENCING
JANUARY FIRST, TWO THOUSAND TWELVE, THE  RISK  LEVEL  OF  EACH  DETAINED
YOUTH  AS ASSESSED BY A DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE OFFICE MAY REQUIRE  THAT
SUCH  DATA  ON  DETENTION USE BE SUBMITTED TO THE OFFICE ELECTRONICALLY.
Such report shall include, but not be limited to[:], the reason for  the
court's determination in accordance with section 320.5 [or seven hundred
thirty-nine] of the family court act to detain the youth; the offense or
offenses  with which the youth is charged; and all other reasons why the
youth remains detained. [Detention agencies shall submit each  quarterly
report  to  the  office within thirty days of the end of the quarter and
the office shall submit a compilation of all of the separate reports for
the quarter to the governor and the legislature within  forty-five  days
of  the  end  of the quarter. The first quarterly report shall cover the
last quarter of two thousand two.] THE OFFICE SHALL SUBMIT A COMPILATION
OF ALL THE SEPARATE REPORTS TO THE GOVERNOR AND THE LEGISLATURE.
  S 7. Subdivision (c) of section 531 of the executive law, as added  by
chapter 43 of the laws of 1978, is amended to read as follows:
  (c)  expenditures made by each [such social services district] MUNICI-
PALITY for the care, maintenance and supervision of youths in secure and
non-secure detention for which reimbursement  is  approved  pursuant  to

S. 2808--C                         75                         A. 4008--C

section five hundred thirty of this [chapter, or for which reimbursement
is  due  to  the  state  pursuant  to subdivision seven of such section]
TITLE, including  the  numbers  of  such  youths  in  each  category  of
detention facility and the per diem rates charged.
  S  8. Paragraphs (iv) and (v) of subdivision (a) of section 213 of the
family court act, as amended by chapter 920 of the  laws  of  1982,  are
amended to read as follows:
  (iv)  the  number  of  children released and the number detained under
[sections seven hundred twenty-eight and] SECTION 307.4;
  (v) the number of alleged juvenile delinquents released and the number
detained under section 320.5 [and the number of alleged persons in  need
of  supervision  released and detained under section seven hundred thir-
ty-nine,] and the duration of the detention [in both groups];
  S 9. Paragraph (b) of subdivision 3 of section  320.5  of  the  family
court act, as added by section 1 of part DD of chapter 57 of the laws of
2008, is amended to read as follows:
  (b)  Any finding directing detention pursuant to paragraph (a) of this
subdivision made by the court shall state the facts, THE LEVEL  OF  RISK
THE  YOUTH  WAS ASSESSED PURSUANT TO A DETENTION RISK ASSESSMENT INSTRU-
MENT APPROVED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES,  and  THE
reasons  for such finding INCLUDING, IF A DETERMINATION IS MADE TO PLACE
A YOUTH IN DETENTION WHO WAS ASSESSED AT A LOW OR MEDIUM RISK ON SUCH  A
RISK  ASSESSMENT  INSTRUMENT,  THE  PARTICULAR REASONS WHY DETENTION WAS
DETERMINED TO BE NECESSARY.
  S 10. Subdivisions (b), (c) and (d) of section 712, subdivision (d) of
section 728 and sections 720, 727, 729, 739, 747 and 748 of  the  family
court act are REPEALED.
  S 11. Subdivision (i) of section 712 of the family court act, as added
by  section 1 of part E of chapter 57 of the laws of 2005, is amended to
read as follows:
  (i) "Diversion services". Services provided to children  and  families
pursuant  to  section  seven hundred thirty-five of this article for the
purpose of avoiding the need to file a petition [or direct the detention
of the child]. Diversion services shall include: efforts to adjust cases
pursuant to this article before a petition is filed, or by order of  the
court, after the petition is filed but before fact-finding is commenced;
and preventive services provided in accordance with section four hundred
nine-a  of  the  social services law to avert the placement of the child
into foster care, including crisis intervention and respite services.
  S 12. The heading of part 2 of article 7 of the family  court  act  is
amended to read as follows:
                         CUSTODY [AND DETENTION]
  S 13. Subdivision (a) and paragraphs (iii) and (iv) of subdivision (b)
of  section 735 of the family court act, as added by section 7 of part E
of chapter 57 of the laws of 2005, are amended to read as follows:
  (a) Each county and any city having a population  of  one  million  or
more  shall offer diversion services as defined in section seven hundred
twelve of this article to youth who are at risk of being the subject  of
a  person  in  need  of  supervision  petition.  Such  services shall be
designed to provide an immediate response  to  families  in  crisis,  to
identify   and  utilize  appropriate  [alternatives  to  detention  and]
SERVICES AND PROGRAMS to divert youth from being the subject of a  peti-
tion  in  family court. Each county and such city shall designate either
the local social services district or the probation department  as  lead
agency for the purposes of providing diversion services.

S. 2808--C                         76                         A. 4008--C

  (iii)  assess whether the youth would benefit from residential respite
services[; and
  (iv)  determine  whether  alternatives to detention are appropriate to
avoid remand of the youth to detention].
  S 14. Paragraph (a) of subdivision 2 of  section  754  of  the  family
court  act,  as  amended by chapter 7 of the laws of 1999, is amended to
read as follows:
  (a) The order shall state  the  court's  reasons  for  the  particular
disposition.  If  the  court places the child in accordance with section
seven hundred fifty-six of this part,  the  court  in  its  order  shall
determine: (i) whether continuation in the child's home would be contra-
ry to the best interest of the child and where appropriate, that reason-
able  efforts  were  made prior to the date of the dispositional hearing
held pursuant to this article to  prevent  or  eliminate  the  need  for
removal  of the child from his or her home and, if the child was removed
from his or her home prior to  the  date  of  such  hearing,  that  such
removal was in the child's best interest and, where appropriate, reason-
able efforts were made to make it possible for the child to return safe-
ly  home.  If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not  made
but  that  the  lack  of  such efforts was appropriate under the circum-
stances, the court order shall include such a finding; and (ii)  in  the
case  of a child who has attained the age of sixteen, the services need-
ed, if any, to assist the child to make the transition from foster  care
to  independent  living. [Nothing in this subdivision shall be construed
to modify the standards for directing detention  set  forth  in  section
seven hundred thirty-nine of this article.]
  S  15.  Subdivision  (c)  of  section  756  of the family court act is
REPEALED and subdivision (b), as amended by chapter 7  of  the  laws  of
1999, is amended to read as follows:
  (b)  Placements  under  this  section  may be for an initial period of
twelve months. The court may extend  a  placement  pursuant  to  section
seven  hundred  fifty-six-a.  In its discretion, the court may recommend
restitution or require services for  public  good  pursuant  to  section
seven  hundred  fifty-eight-a in conjunction with an order of placement.
For the purposes of calculating the initial period  of  placement,  such
placement  shall  be  deemed to have commenced sixty days after the date
the child was removed from his  or  her  home  in  accordance  with  the
provisions  of  this  article.  [If the respondent has been in detention
pending disposition, the initial period of placement ordered under  this
section  shall  be  credited  with  and diminished by the amount of time
spent by the respondent in detention prior to the  commencement  of  the
placement  unless  the court finds that all or part of such credit would
not serve the best interests of the respondent.]
  S 16. Section 774 of the family  court  act  is  amended  to  read  as
follows:
  S 774. Action on petition for transfer.  On receiving a petition under
section  seven  hundred  seventy-three,  the  court  may  proceed  under
sections seven hundred thirty-seven, OR seven hundred  thirty-eight  [or
seven  hundred thirty-nine] with respect to the issuance of a summons or
warrant [and sections seven hundred twenty-seven and seven hundred twen-
ty-nine govern questions of detention and failure to comply with a prom-
ise to appear]. Due notice of the petition and a copy  of  the  petition
shall also be served personally or by mail upon the office of the local-
ity  chargeable  for  the  support  of  the person involved and upon the
person involved and his parents and other persons.

S. 2808--C                         77                         A. 4008--C

  S 17. Subdivision 12 of section 153 of  the  social  services  law  is
REPEALED.
  S  18.  Subdivision  12  of section 398 of the social services law, as
added by chapter 419 of the laws of 1987, is amended to read as follows:
  12. A social services official shall be  permitted  to  place  persons
adjudicated  in need of supervision or delinquent[, and in cities having
a population of one million or more alleged persons to  be  in  need  of
supervision  and persons adjudicated in need of supervision in detention
pending transfer to a placement,] in the same foster care facilities  as
are  providing  care  to destitute, neglected, abused or abandoned chil-
dren. Such foster care facilities shall not provide care to a  youth  in
the care of a social services official as a convicted juvenile offender.
  S 19. The section heading, opening paragraph and paragraph 2 of subdi-
vision  A  and  subdivisions B and C of section 218-a of the county law,
the section heading as amended by chapter 880 of the laws of  1976,  the
opening paragraph of subdivision A as amended by chapter 465 of the laws
of  1992,  paragraph 2 of subdivision A as amended by chapter 555 of the
laws of 1978, subdivision B as amended by chapter 419  of  the  laws  of
1987 and subdivision C as added by section 12 of part E of chapter 57 of
the laws of 2005, are amended to read as follows:
  County  detention  facilities for [juvenile delinquents and persons in
need of supervision] JUVENILES.
  To assure that suitable and conveniently accessible accommodations and
proper and adequate detention in secure and non-secure detention facili-
ties, as defined in section five hundred two of the  executive  law  and
the regulations of the [division for youth] OFFICE OF CHILDREN AND FAMI-
LY  SERVICES,  will  be  available when required for the temporary care,
maintenance and security of alleged and  convicted  juvenile  offenders,
AND  alleged and adjudicated juvenile delinquents [and alleged and adju-
dicated persons in need of  supervision].  Such  regulations  shall  not
require  any  county  to  provide  temporary  care in a secure detention
facility for residents of any other county except upon a space available
basis. The county executive, if there be one,  otherwise  the  board  of
supervisors  shall designate the agency of county government responsible
for the administration of the  county  juvenile  detention  program  and
shall  so advise the [New York state division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES, and may make provisions therefor as follows:
  2. Authorize a contract between its county and one or more other coun-
ties, which is or are  operating  a  conveniently  accessible  detention
facility  certified  by  the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES and in compliance with regulations of the [division  for
youth]  OFFICE, providing for the reception, temporary accommodation and
care in such facility of alleged  or  adjudicated  juvenile  delinquents
[and persons in need of supervision] held for or at the direction of its
family court, for and in consideration of the payments to be made there-
for, on a per capita basis, pursuant to the terms of such contract.
  B.  Notwithstanding any other provision of law, each board of supervi-
sors shall provide or assure the availability of conveniently accessible
and adequate non-secure detention facilities, certified  by  the  [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, as resources
for  the  family  court  in  the county pursuant to [articles seven and]
ARTICLE three of the family court act, to be operated in compliance with
the regulations of the [division for youth]  OFFICE  for  the  temporary
care  and  maintenance  of  alleged and adjudicated juvenile delinquents
[and persons in need of supervision] held for or at the direction  of  a
family court.

S. 2808--C                         78                         A. 4008--C

  C.  Each  county shall offer diversion services to children who are at
risk of being the subject of a petition under article seven of the fami-
ly court act. Such services shall be designed to  provide  an  immediate
response  to  families in crisis and to identify and utilize appropriate
[alternatives to juvenile detention] SERVICES.
  S  20.  This  act shall take effect July 1, 2011; provided, however, a
person held in a detention  facility  or,  in  the  city  of  New  York,
remanded  to  a foster care facility, pursuant to articles 3 or 7 of the
family court act prior to the  effective  date  of  this  act  shall  be
governed by the provisions of law in effect at the time that such person
was  detained  or remanded; and provided, further, however, section nine
of this act shall take effect January 1, 2012.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Subparts A and B of this act  shall  be
as specifically set forth in the last section of such Subparts.

                                 PART R

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

                                 PART S

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

S. 2808--C                         79                         A. 4008--C

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

S. 2808--C                         80                         A. 4008--C

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

                                 PART T

  Intentionally omitted.

                                 PART U

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

S. 2808--C                         81                         A. 4008--C

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

                                 PART V

  Intentionally omitted.

                                 PART W

  Section  1.  Section  39  of part P2 of chapter 62 of the laws of 2003
amending the state finance law and other laws  relating  to  authorizing
and  directing  the state comptroller to loan money to certain funds and
accounts, as amended by section 1 of part Z of chapter 57 of the laws of
2009, is amended to read as follows:
  S 39. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2003; provided,
however, that sections one, three, four, six, seven through fifteen, and
seventeen  of  this act shall expire March 31, 2004, when upon such date
the provisions of such sections shall be deemed repealed; [and  sections
thirty  and  thirty-one  of this act shall expire December 31, 2011] and
the amendments made to section 69-c of the state finance law by  section
thirty-two  of  this  act  shall not affect the expiration and repeal of
such section and shall be deemed to be expired therewith.
  S 2. This act shall take effect immediately.

                                 PART X

  Section 1. Section 3 of part NN of chapter 57  of  the  laws  of  2008
relating  to  authorizing the New York state mortgage agency to transfer
certain moneys, as amended by section 1 of part B of chapter  2  of  the
laws of 2009, is amended to read as follows:
  S 3. (A) Within the amounts transferred to the corporation pursuant to
section  one  of  this  act  for the greater Catskills flood remediation
program, the corporation shall provide funds to the counties of  Broome,
Chenango,  Delaware,  Herkimer,  Montgomery,  Orange, Otsego, Schoharie,
Sullivan, Tioga and Ulster, upon application by a county and within  the
amounts  available  for disbursement to such county, to enable the coun-
ties to purchase and demolish one or two family  homes  that  have  been
certified  by  the local building inspector and county emergency manage-
ment director, to the satisfaction of the corporation,  as  having  been

S. 2808--C                         82                         A. 4008--C

subject  to one or more incidents of flooding since April 1, 2004 and as
likely to be subject  to  a  future  flood  incident  that  would  cause
substantial damage thereto. Any application by a county for disbursement
of  funds  under  this act shall demonstrate, to the satisfaction of the
corporation, that: (1) the home is occupied as the primary residence  of
an  owner with a family income of up to one hundred fifty percent of the
area median income as defined by the United States department of housing
and urban development, provided, however,  that  an  otherwise  eligible
home  shall be eligible for purchase under this act if the current owner
can demonstrate that the home was occupied as the owner's primary  resi-
dence prior to a flood event that rendered the home unsuitable for habi-
tation;  (2) the current appraised value of the home does not exceed two
hundred fifty thousand dollars and the purchase price for the home  will
not  exceed the appraised value less the amount of any property casualty
insurance or disaster relief payments received by the owner  as  compen-
sation  for  damage incurred in a flood incident; (3) all recorded liens
or other encumbrances on the home will be released at closing;  (4)  the
county provides assurances that the home will be condemned and the prop-
erty  will  be  dedicated and maintained in perpetuity for a use that is
compatible with open space, recreational, flood mitigation  or  wetlands
management  practices; and (5) disbursements under this section shall be
limited to the costs of acquisition of eligible homes, including  legal,
appraisal, recording and other transaction costs, and the costs of demo-
lition.    In  selecting  homes  for purchase pursuant to this act, each
county shall give preference to homes with a current appraised value  of
less than one hundred fifty thousand dollars and to homes that have been
subject  to  two  or more incidents of flooding since April 1, 2004. The
corporation shall establish policies and procedures consistent with this
section, which shall include county reporting  requirements,  and  shall
report to the governor, the speaker of the assembly, the temporary pres-
ident of the senate and the director of the division of the budget on or
before  December  31, 2008 regarding the implementation of this section.
Of the amounts transferred to the corporation pursuant to section one of
this act, the amounts disbursed to counties  pursuant  to  this  section
shall  not  exceed  the  following  amounts: Broome, $750,000; Chenango,
$750,000;  Delaware,   $2,000,000;   Herkimer,   $750,000;   Montgomery,
$750,000;  Orange,  $2,000,000;  Otsego,  $750,000; Schoharie, $750,000;
Sullivan, $3,750,000; Tioga, $750,000; and Ulster, $2,000,000.
  (B) ANY FUNDS NOT UNDER CONTRACT OR GRANT AGREEMENT BETWEEN ANY COUNTY
PROVIDED FOR BY THIS SECTION AND THE STATE OF NEW YORK  OR  ANY  OF  ITS
DIVISIONS OR AGENCIES ON OR BY JANUARY 1, 2010 MAY BE USED, UPON A FIND-
ING  BY THE CORPORATION THAT SUCH FUNDS ARE AVAILABLE, BY ULSTER COUNTY,
WHETHER THE FUNDS ARE ALLOCATED TO SUCH  COUNTY  OR  TO  ANOTHER  COUNTY
UNDER  THIS PROGRAM, TO PURCHASE AND DEMOLISH HOMES WHICH OTHERWISE MEET
THE REQUIREMENTS OF SUBDIVISION (A) OF THIS SECTION AND  ARE  IN  ULSTER
COUNTY,  AND/OR  OTHERWISE  PURCHASE  HOMES  WHICH  ARE  VALUED AT UNDER
$250,000 UPON A FINDING BY THE CORPORATION THAT: (1) THE HOMES HAVE BEEN
SUBJECTED TO SEEPAGE OF WATER INTO THE HOMES EITHER THROUGH THE WALLS OR
FOUNDATION OF SUCH HOME OR WATER OTHERWISE ENTERS INTO  THE  HOME  OTHER
THAN  THROUGH PIPES INTENDED FOR SUCH PURPOSE, AND (2) THE HOME IS SITU-
ATED WITHIN TWO MILES OF AN UNDERGROUND AQUEDUCT  OWNED,  MAINTAINED  OR
OPERATED  BY  THE  CITY  OF NEW YORK OR ANY BOARD, AGENCY, DEPARTMENT OR
BUREAU THEREOF AND IS USED FOR THE TRANSPORT OF DRINKING  WATER  TO  THE
CITY  OF NEW YORK.  IN MAKING DETERMINATIONS OF WHICH HOMES TO PURCHASE,
THE COUNTY SHALL FIRST SEEK TO EXPEND  FUNDS  TO  PURCHASE  THOSE  HOMES

S. 2808--C                         83                         A. 4008--C

WHICH MEET THE REQUIREMENTS ENUMERATED IN PARAGRAPHS ONE AND TWO OF THIS
SUBDIVISION.
  S 2. This act shall take effect immediately.

                                 PART Y

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

                                 PART Z

  Section 1. Subdivision 4 of section  661  of  the  education  law,  as
amended  by  chapter  309 of the laws of 1996, paragraph a as amended by
section 1 and paragraph c as amended, paragraphs d and e  as  added  and
paragraph  f as relettered by section 2 of part E-1 of chapter 57 of the
laws of 2007 and paragraph f as added by chapter  332  of  the  laws  of
1998, is amended to read as follows:
  4.  Attendance  in approved courses of study in approved institutions.
To be eligible to receive payments from the president a student:
  a. Must be matriculated in an approved  program,  as  defined  by  the
commissioner  pursuant  to article thirteen OF THIS CHAPTER, OR PURSUANT
TO PARAGRAPH B OF THIS SUBDIVISION, in an institution  situated  in  the
state,  which has been approved and operating in this state for at least
one year, and has been approved for  participation  in  federal  student
financial  aid  programs  authorized by Title IV of the Higher Education
Act of 1965, as amended. Nothing  in  this  subdivision  shall  preclude
payment  of an award to a recipient who receives instruction outside the
state, which instruction is conducted by an institution situated in  the
state,  and  is  part of the student's program of study at such institu-
tion; provided, however, that nothing in this subdivision shall preclude
the receipt of a loan pursuant to section six  hundred  eighty  of  this
article;  provided,  further,  that  students not attending institutions
eligible for participating in federal Title IV financial aid programs on
or before July first, two thousand seven: (i) who received  their  first
award under this article before the two thousand six--two thousand seven
academic  year  shall  be eligible for payments until the end of the two
thousand nine--two thousand ten academic  year;  or  (ii)  who  received

S. 2808--C                         84                         A. 4008--C

their first award under this article for the two thousand six--two thou-
sand  seven  academic year through and including the two thousand nine--
two thousand ten academic year shall be eligible for payments until  the
end of the two thousand fourteen--two thousand fifteen academic year.
  b.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY AND THE
RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, THE PRESIDENT  SHALL
MAKE  TUITION  ASSISTANCE PROGRAM AWARDS AVAILABLE TO FULL-TIME RESIDENT
UNDERGRADUATE STUDENTS NOT CURRENTLY ELIGIBLE FOR AWARDS UNDER  SUBDIVI-
SION  THREE  OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS PART AND WHO ARE
ATTENDING AN EDUCATIONAL INSTITUTION IN THIS STATE THAT:
  (I) IS EXEMPT FROM FEDERAL TAXATION UNDER  SECTION  501(C)(3)  OF  THE
INTERNAL REVENUE CODE; AND
  (II) HAS ITS HEADQUARTERS AND MAIN CAMPUS LOCATED WITHIN THE STATE AND
IS  ELIGIBLE  FOR  FUNDS  UNDER  TITLE IV OF THE HIGHER EDUCATION ACT OF
1965, AS AMENDED; AND
  (III) IS ACCREDITED BY AN  AGENCY  RECOGNIZED  BY  THE  UNITED  STATES
SECRETARY OF EDUCATION, OR BY A SUCCESSOR FEDERAL AGENCY; AND
  (IV) ENROLLMENT IN WHICH INSTITUTION WOULD RENDER THE STUDENT ELIGIBLE
TO  RECEIVE A FEDERAL PELL GRANT IN ACCORDANCE WITH SECTION ONE THOUSAND
SEVENTY OF TITLE TWENTY OF THE UNITED STATES  CODE,  ET.  SEQ.  AND  THE
REGULATIONS PROMULGATED THEREUNDER; AND
  (V)  PROVIDES  A  PROGRAM OF INSTRUCTION LASTING AT LEAST THREE YEARS,
FOR WHICH THE STUDENT IS ENROLLED.
  B-1. TUITION ASSISTANCE PROGRAM AWARDS  THAT  ARE  MADE  AVAILABLE  TO
STUDENTS  PURSUANT  TO  PARAGRAPH  B  OF  THIS  SUBDIVISION SHALL NOT BE
AWARDED IF AN APPLICANT:
  (I) DOES NOT MEET THE CITIZENSHIP REQUIREMENTS PURSUANT TO SUBDIVISION
THREE OF THIS SECTION;
  (II) DOES NOT MEET THE INCOME REQUIREMENTS  PURSUANT  TO  SECTION  SIX
HUNDRED SIXTY-THREE OF THIS SUBPART;
  (III) DOES NOT MAINTAIN GOOD ACADEMIC STANDING PURSUANT TO PARAGRAPH C
OF  SUBDIVISION  SIX  OF SECTION SIX HUNDRED SIXTY-FIVE OF THIS SUBPART,
AND IF THERE IS  NO  APPLICABLE  EXISTING  ACADEMIC  STANDARDS  SCHEDULE
PURSUANT TO SUCH SUBDIVISION, THEN SUCH RECIPIENT SHALL BE PLACED ON THE
ACADEMIC  STANDARDS  SCHEDULE  APPLICABLE  TO  STUDENTS  ENROLLED  IN  A
FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM;
  (IV) IS IN DEFAULT IN THE REPAYMENT OF ANY STATE  OR  FEDERAL  STUDENT
LOAN,  HAS  FAILED  TO  COMPLY  WITH  THE TERMS OF ANY SERVICE CONDITION
IMPOSED BY AN ACADEMIC PERFORMANCE AWARD MADE PURSUANT TO THIS  ARTICLE,
OR HAS FAILED TO MAKE A REFUND OF ANY AWARD; OR
  (V) IS INCARCERATED IN ANY FEDERAL, STATE OR OTHER PENAL INSTITUTION.
  C.  Must  be  in full-time attendance, as defined by the commissioner,
except as otherwise specifically provided in  THIS  article  [fourteen],
and,  for  a  student  having completed his or her second academic year,
must have a cumulative C average or its equivalent.  The  president  may
waive  the  requirement  that the student have a cumulative C average or
its equivalent for undue hardship based on: (i) the death of a  relative
of  the  student; (ii) the personal injury or illness of the student; or
(iii) other extenuating circumstances; and
  [c.] D. For students who first receive aid pursuant to this chapter in
academic year nineteen hundred ninety-six--nineteen hundred ninety-seven
to academic year two thousand  six--two  thousand  seven,  must  have  a
certificate  of  graduation from a school providing secondary education,
or the recognized equivalent of such certificate;  or  have  achieved  a
passing  score,  as  determined by the United States secretary of educa-

S. 2808--C                         85                         A. 4008--C

tion, on a federally approved examination which  demonstrates  that  the
student can benefit from the education being offered;
  [d.] E. For students who first receive aid pursuant to this chapter in
academic  year two thousand six--two thousand seven, must have a certif-
icate of graduation from a recognized school providing secondary  educa-
tion  within  the  United  States,  or the recognized equivalent of such
certificate, or have been admitted to such institution after receiving a
passing score on a federally approved ability to benefit test  that  has
been  independently  administered  and  evaluated,  as  provided  by the
commissioner;
  [e.] F. For students who first receive aid pursuant to this chapter in
academic year two thousand seven--two thousand eight or thereafter, must
have (i) a certificate of graduation from a school  providing  secondary
education  from a state within the United States; or (ii) the recognized
equivalent of such certificate; or (iii) received a passing score  on  a
federally  approved  ability to benefit test that has been identified by
the board of regents as satisfying the eligibility requirements of  this
section and has been independently administered and evaluated as defined
by the commissioner[.];
  [f.  for] G. FOR students who are disabled as defined by the Americans
With Disability Act of 1990, 42  USC  12101,  the  full-time  attendance
requirement  is  eliminated.  Such disabled students may be in part-time
attendance, as defined by the commissioner in order to  be  eligible  to
receive payments from the president.
  S  2.  This  act shall take effect immediately; provided, that section
one of this act shall apply to semesters commencing on and after January
1, 2012 and to all subsequent academic years.

                                 PART AA

  Section 1. Subdivision (a) of section 114 of part A of  a  chapter  of
the  laws  of  2011 relating to constituting chapter 18-A of the consol-
idated laws relating to financial services, as proposed  in  legislative
bill numbers S.2812-C and A.4012-C, is amended to read as follows:
  (a)  sections one through fourteen, seventeen through nineteen, fifty-
six, sixty-three, sixty-seven, seventy-eight through eighty-five, EIGHT-
Y-NINE,  ninety,  ninety-one  through  ninety-three,  ninety-eight,  one
hundred  four,  one hundred ten and one hundred eleven of this act shall
take effect October 3, 2011, except that section 205-a of the  financial
services law as added by section one of this act shall take effect imme-
diately;
  S  2.  This  act  shall take effect on the same date as part A of such
chapter of the laws of 2011 takes effect.

                                 PART BB

  Section 1. The state comptroller is hereby authorized and directed  to
loan  money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law  to  the  following  funds  and/or
accounts:
  1. Tuition reimbursement fund (050):
  a. Tuition reimbursement account (01).
  b. Proprietary vocational school supervision account (02).
  2. Local government records management improvement fund (052):
  a. Local government records management account (01).
  3. Dedicated highway and bridge trust fund (072):

S. 2808--C                         86                         A. 4008--C

  a. Highway and bridge capital account (01).
  4. State University Residence Hall Rehabilitation Fund (074).
  5. State parks infrastructure trust fund (076):
  a. State parks infrastructure account (01).
  6. Clean water/clean air implementation fund (079).
  7. State lottery fund (160):
  a. Education - New (03).
  b. VLT - Sound basic education fund (06).
  8. Medicaid management information system escrow fund (179).
  9.  Federal  operating  grants  fund (290) federal capital grants fund
291).
  10. Sewage treatment program management and administration fund (300).
  11. Environmental conservation special revenue fund (301):
  a. Hazardous bulk storage account (F7).
  b. Utility environmental regulation account (H4).
  c. Low level radioactive waste siting account (K5).
  d. Recreation account (K6).
  e. Conservationist magazine account (S4).
  f. Environmental regulatory account (S5).
  g. Natural resource account (S6).
  h. Mined land reclamation program account (XB).
  i. Federal grants indirect cost recovery account (IC).
  12. Environmental protection and oil spill compensation fund (303).
  13. Hazardous waste remedial fund (312):
  a. Site investigation and construction account (01).
  b. Hazardous waste remedial clean up account (06).
  14. Mass transportation operating assistance fund (313):
  a. Public transportation systems account (01).
  b. Metropolitan mass transportation (02).
  15. Clean air fund (314):
  a. Operating permit program account (01).
  b. Mobile source account (02).
  16. Centralized services fund (323).
  17. State exposition special fund (325).
  18. Agency enterprise fund (331):
  a. OGS convention center account (55).
  19. Agencies internal service fund (334):
  a. Archives records management account (02).
  b. Federal single audit account (05).
  c. Civil service law: sec 11 admin account (09).
  d. Civil service EHS occupational health program account (10).
  e. Banking services account (12).
  f. Cultural resources survey account (14).
  g. Neighborhood work project (17).
  h. Automation & printing chargeback account (18).
  i. OFT NYT account (20).
  j. Data center account (23).
  k. Human service telecom account (24).
  l. Centralized Technology services account (30).
  m. OPWDD copy center account (26).
  n. Intrusion detection account (27).
  o. Domestic violence grant account (28).
  p. Learning management system account.
  20. Miscellaneous special revenue fund (339):
  a. Statewide planning and research cooperative system account (03).
  b. OPWDD provider of service account (05).

S. 2808--C                         87                         A. 4008--C

  c. New York state thruway authority account (08).
  d. Mental hygiene patient income account (13).
  e. Financial control board account (15).
  f. Regulation of racing account (16).
  g. New York metropolitan transportation council account (17).
  h. Quality of care account (20).
  i. Cyber upgrade account (25).
  j. Certificate of need account (26).
  k. Hospital and nursing home management account (44).
  l. State university dormitory income reimbursable account (47).
  m. Energy research account (60).
  n. Criminal justice improvement account (62).
  o. Fingerprint identification and technology account (68).
  p. Environmental laboratory reference fee account (81).
  q. Clinical laboratory reference system assessment account (90).
  r. Public employment relations board account (93).
  s. Radiological health protection account (95).
  t. Teacher certification account (A4).
  u. Banking department account (A5).
  v. Cable television account (A6).
  w. Indirect cost recovery account (AH).
  x. High school equivalency program account (AI).
  y. Rail safety inspection account (AQ).
  z. Child support revenue account (AX).
  aa. Multi-agency training account (AY).
  bb. Critical infrastructure account (B3).
  cc. Insurance department account (B6).
  dd. Bell jar collection account (BJ).
  ee. Industry and utility service account (BK).
  ff. Real property disposition account (BP).
  gg. Parking account (BQ).
  hh. Asbestos safety training program account (BW).
  ii. Public service account (C3).
  jj. Batavia school for the blind account (D9).
  kk. Investment services account (DC).
  ll. Surplus property account (DE).
  mm. OPWDD day services account (DH).
  nn. Financial oversight account (DI).
  oo. Regulation of indian gaming account (DT).
  pp. Special conservation activities account (CU).
  qq. Interest assessment account (DZ).
  rr. Office of the professions account (E3).
  ss. Rome school for the deaf account (E6).
  tt. Seized assets account (E8).
  uu. Administrative adjudication account (E9).
  vv. Federal salary sharing account (EC).
  ww. New York City Assessment Account (EM).
  xx. Cultural education account (EN).
  yy. Examination and miscellaneous revenue account (ER).
  zz. Transportation regulation account (F1).
  aaa. Local services account (G3).
  bbb. DHCR mortgage servicing account (H2).
  ccc. Department of motor vehicles compulsory insurance account (H7).
  ddd. Housing indirect cost recovery account (HI).
  eee. DHCR-HCA application fee account (J5).
  fff. EPIC premium account (J6).

S. 2808--C                         88                         A. 4008--C

  ggg. Federal gasoline and diesel fuel excise tax account (L6).
  hhh. OTDA income account (L7).
  iii. Low income housing monitoring account (NG).
  jjj. Procurement opportunities newsletter account (P4).
  kkk. Corporation administration account (P6).
  lll. Montrose veteran's home account (Q6).
  mmm. Excelsior capital corporation reimbursement account (R1).
  nnn. Motor fuel quality account (R4).
  ooo. Deferred compensation administration account (R7).
  ppp. Rent revenue other account (RR).
  qqq. Rent revenue account (S8).
  rrr. Tax revenue arrearage account (TR).
  sss. Solid waste management account (W3).
  ttt. Occupational health clinics account (W4).
  uuu. Capacity contracting (XU).
  vvv. Administrative cost recovery -
       tax return preparer registration fee account (Y8).
  www. Sales tax re-registration fee account (YD).
  xxx. Equitable sharing agreement account (YP).
  yyy. Point insurance reduction program account.
  zzz. Internet point insurance reduction program account.
  aaaa. Mental hygiene program fund account (10).
  bbbb. Third party debt collection account.
  cccc. Regulation of manufactured housing account (CM).
  dddd. Business and licensing services account (A6).
  eeee. Consumer protection account (F2).
  21. State university income fund (345):
  a. State university general income offset account (11).
  22. State police and motor vehicle law enforcement fund (354):
  a. State police motor vehicle law enforcement account (02).
  23. Youth facilities improvement fund (357):
  a. Youth facilities improvement account (01).
  24. Highway safety program fund (362):
  a. Highway safety program account (01).
  25. Drinking water program management and administration fund (366):
  a. EFC drinking water program account (01).
  b. DOH drinking water program account (02).
  26. New York city county clerks offset fund (368):
  a. NYCCC operating offset account (01).
  27. Housing assistance fund (374).
  28. Housing program fund (376).
  29. Department of transportation - engineering services fund (380):
  a. Highway facility purpose account (01).
  30. Miscellaneous capital projects fund (387):
  a. Clean air capital account (08).
  b. New York racing account.
  31. Mental hygiene facilities capital improvement fund (389).
  32. Joint labor/management administration fund (394):
  a. Joint labor/management administration fund (01).
  33. Audit and control revolving fund (395):
  a. Executive direction internal audit account (04).
  b. CIO Information technology centralized services account.
  34. Health insurance internal service fund (396):
  a. Health insurance internal service account (00).
  b. Civil service employee benefits div admin (01).
  35. Correctional industries revolving fund (397).

S. 2808--C                         89                         A. 4008--C

  36. Correctional facilities capital improvement fund (399).
  37. HCRA resources fund (061):
  a. EPIC premium account (J6).
  b. Hospital based grants program account (AF).
  c. Child health plus program account (29).
  S 1-a. The state comptroller is hereby authorized and directed to loan
money  in  accordance  with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within  the  following
federal  funds,  provided  the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse  such
loans:
  1. Federal USDA-food nutrition services fund (261).
  2. Federal health and human services fund (265).
  3. Federal education grants fund (267).
  4. Federal block grant fund (269).
  5. Federal operating grants fund (290).
  6. Federal capital projects fund (291).
  7. Federal unemployment insurance administration fund (480).
  8. Federal unemployment insurance occupational training fund (484).
  9. Federal employment and training grants (486).
  S  2.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2012, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:
  1.  $175,000  from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund  (339),  business  and licensing services account
(AG), to the general fund.
  3. $14,810,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
  Education:
  1. $2,200,000,000 from the general fund  to  the  state  lottery  fund
(160),  education  account (03), as reimbursement for disbursements made
from such fund for supplemental aid to  education  pursuant  to  section
92-c of the state finance law that are in excess of the amounts deposit-
ed  in  such  fund for such purposes pursuant to section 1612 of the tax
law.
  2. $684,000,000 from the general fund to the state lottery fund (160),
VLT education account (06), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c  of
the  state  finance  law  that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
  3. Moneys from the state lottery fund (160) up to an amount  deposited
in  such  fund  pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  4. $300,000 from the local government records  management  improvement
fund (052) to the archives partnership trust fund (024).
  5. $810,000 from the general fund to the miscellaneous special revenue
fund (339), Batavia school for the blind account (D9).
  6.  $1,100,000  from  the  general  fund  to the miscellaneous special
revenue fund (339), Rome school for the deaf account (E6).

S. 2808--C                         90                         A. 4008--C

  7. $80,000,000 from the state university dormitory income  fund  (330)
to the state university residence hall rehabilitation fund (074).
  8.  $343,400,000 from the state university dormitory income fund (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).
  9. $1,000,000 from  the  miscellaneous  special  revenue  fund  (339),
cultural  education  account  (EN), to the miscellaneous special revenue
fund (339), summer school of the arts account (38).
  10. $24,000,000 from any of the  state  education  department  special
revenue  and internal service funds to the miscellaneous special revenue
fund (339), indirect cost recovery account (AH).
  11. $8,318,000 from the general fund to the  state  university  income
fund (345), state university income offset account (11), for the state's
share of repayment of the STIP loan.
  12.  $48,000,000  from  the  State University Income Fund (345), State
University Hospitals Income Reimbursable Account  (22)  to  the  general
fund for hospital debt service.
  13.  $884,000 from the state university income fund (345), Long Island
Veterans' Home Account (09) to the general fund.
  Environmental Affairs:
  1. $500,000 from the department of  transportation's  federal  capital
projects  fund (291) to the office of parks and recreation federal oper-
ating grants fund (290), miscellaneous operating grants account.
  2. $16,000,000 from any of the department of  environmental  conserva-
tion's  special  revenue federal funds to the special revenue fund (301)
federal grant indirect cost recovery account.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue  federal
funds  to  the  special  revenue  fund (339) federal grant indirect cost
recovery account (Z1).
  4. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the special  revenue  fund
(339), I love NY water account (39).
  Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in  accordance  with
agreements  with social services districts, to the miscellaneous special
revenue fund (339), office of human resources  development  state  match
account (2C).
  2.  $3,000,000  from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund (339), family  preserva-
tion and support services and family violence services account (GC).
  3.  $6,000,000  from any of the office of children and family services
special revenue federal  funds  to  the  general  fund  for  title  IV-E
reimbursement of youth facility costs.
  4. $28,000,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal  funds  and  any  other  miscellaneous  revenues
generated  from  the operation of office of children and family services
programs to the miscellaneous special  revenue  fund  (339),  office  of
children and family services income account (AR).
  5.  $10,000,000 from any of the office of children and family services
or office of temporary and disability assistance special  revenue  funds

S. 2808--C                         91                         A. 4008--C

or  the  general  fund  to the miscellaneous special revenue fund (339),
connections account (WK).
  6.  $41,000,000  from  any  of  the office of temporary and disability
assistance accounts within the federal health and  human  services  fund
(265) to the general fund.
  7.  $8,300,000  from  any  of  the  office of temporary and disability
assistance accounts within the federal health and  human  services  fund
(265)  to  the  miscellaneous special revenue fund (339), client notices
account (EG).
  8. $98,980,000 from any of the  office  of  temporary  and  disability
assistance,  department  of  health  or  office  of  children and family
services special revenue funds to the miscellaneous special revenue fund
(339), office of temporary  and  disability  assistance  income  account
(L7).
  9.  $2,500,000  from  any  of  the  office of temporary and disability
assistance or office of children and  family  services  special  revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
  10.  $50,000,000  from  any  of  the  office  of  children  and family
services, office of temporary and disability assistance,  department  of
labor,  and  department  of  health special revenue federal funds to the
office of children and family  services  miscellaneous  special  revenue
fund (339), multi-agency training contract account (AY).
  11. $12,524,000 from the office of temporary and disability assistance
federal  health  and  human  services  fund  (265)  to the miscellaneous
special revenue fund (339), child support revenue account (AX).
  12. $6,300,000 from any of the office of children and family services,
office of temporary and disability assistance, department of  labor,  or
department  of  health  special revenue funds to the office of temporary
and disability assistance  miscellaneous  special  revenue  fund  (339),
multi-agency systems development account (MD).
  13.  $9,248,000  from  any  of  the office of temporary and disability
assistance special revenue federal funds, to the  miscellaneous  special
revenue fund (339), OTDA training contract account (48).
  14.  $223,000,000  from  the miscellaneous special revenue fund (339),
youth facility per Diem account (YF), to the general fund.
  15. $10,000,000 from any of the office  of  temporary  and  disability
assistance  special  revenue federal funds, to the miscellaneous special
revenue fund (339), electronic benefit transfer and common benefit iden-
tification card account (GD).
  16. $621,850 from the general fund to the combined gifts, grants,  and
bequests fund (020), WB Hoyt Memorial account (78).
  17.  $1,300,000  from  any  of  the office of temporary and disability
assistance and department of health special revenue federal funds to the
miscellaneous special  revenue  fund  (339)  welfare  inspector  general
administrative reimbursement account (WW).
  18. Up to $4,822,000 from the miscellaneous special revenue fund (339)
state central registry (CY) to the general fund.
  General Government:
  1. $1,566,000 from the miscellaneous special revenue fund (339), exam-
ination and miscellaneous revenue account (ER) to the general fund.
  2. $12,500,000 from the general fund to the health insurance revolving
fund (396).
  3.  $192,400,000 from the health insurance reserve receipts fund (167)
to the general fund.

S. 2808--C                         92                         A. 4008--C

  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (055).
  5.  $150,000  from the not-for-profit revolving loan fund (055) to the
general fund.
  6. $11,000,000 from the miscellaneous special revenue fund (339), real
property disposition account (BP), to the general fund.
  7. $3,000,000 from  the  miscellaneous  special  revenue  fund  (339),
surplus property account (DE), to the general fund.
  8.  $19,260,000  from  the  general  fund to the miscellaneous special
revenue fund (339), alcoholic beverage control account (DB).
  9. $1,500,000 from  the  miscellaneous  special  revenue  fund  (339),
federal liability account (FL), to the general fund.
  10.  $23,000,000  from  the  miscellaneous special revenue fund (339),
revenue arrearage account (CR), to the general fund.
  11. $1,826,000 from  the  miscellaneous  special  revenue  fund  (339)
revenue  arrearage  account  (CR),  to the miscellaneous special revenue
fund (339) authority budget office account.
  12.  Intentionally omitted.
  13. $1,000,000 from the  miscellaneous  special  revenue  fund  (339),
parking  services  account (BQ), to the general fund, for the purpose of
reimbursing the costs of debt service related to state  parking  facili-
ties.
  14.  Up  to  $45,000,000  from  the  general fund to the miscellaneous
special revenue fund (339), statewide financial system account (FM).
  Health:
  1. $12,000,000 from any of the department of  health  accounts  within
the federal health and human services fund (265) to the general fund.
  2.  $139,560,000  from any of the department of health accounts within
the federal health and human services fund (265)  to  the  miscellaneous
special revenue fund (339), quality of care account (20).
  3.  $1,000,000 from the general fund to the combined gifts, grants and
bequests fund (020), breast cancer research and education account  (BD),
an  amount equal to the monies collected and deposited into that account
in the previous fiscal year.
  4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous  special  revenue  fund  (339),  statewide  planning   and
research cooperation system (SPARCS) program account (03).
  5.  $250,000  from  the general fund to the combined gifts, grants and
bequests fund (020), prostate cancer research, detection, and  education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
  6.  $500,000  from  the general fund to the combined gifts, grants and
bequests fund (020), Alzheimer's disease research and assistance account
(AA), an amount equal to the moneys collected and  deposited  into  that
account in the previous fiscal year.
  7.  $1,000,000  from  the  miscellaneous  special  revenue fund (339),
administration account (AP), to the general fund.
  8. $600,000,000 from any of the department of health  accounts  within
the  federal  health  and human services fund (265) to the miscellaneous
special revenue fund (339),  federal  state  health  reform  partnership
account (FS).
  9.  $45,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339), empire state stem cell trust fund account (SR).
  10. $1,250,000 from the  miscellaneous  New  York  state  agency  fund
(169),  medical assistance account to the department of health miscella-

S. 2808--C                         93                         A. 4008--C

neous special revenue fund (339), third party health  insurance  account
(35).
  11.  $3,700,000  from  the  miscellaneous  New  York state agency fund
(169), medical assistance account to the office  of  medicaid  inspector
general miscellaneous special revenue fund (339), recoveries and revenue
account (C9).
  12.  $1,500,000  from  the  general  fund to the miscellaneous special
revenue fund (339), quality of care improvement account (QC).
  Labor:
  1. $700,000 from the labor  standards  miscellaneous  special  revenue
fund  (339),  fee  and  penalty  account  (30),  to  the child performer
protection fund (025), child performer protection account (CP).
  2. $8,000,000 from the labor standards miscellaneous  special  revenue
fund (339), fee and penalty account (30), to the general fund.
  3.  $10,500,000  from  the unemployment insurance interest and penalty
special revenue fund (482), unemployment insurance special interest  and
penalty account (01), to the general fund.
  4.  $2,700,000  from the labor standards miscellaneous special revenue
fund (339), public work enforcement account (BA), to the general fund.
  5. $1,500,000 from the training and education program on  occupational
safety  and health fund (305), occupational safety and health inspection
account (02), to the general fund.
  Mental Hygiene:
  1. $5,000,000 from  the  miscellaneous  special  revenue  fund  (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
  2.  $240,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the miscellaneous  special
revenue fund (339), provider of service accounts (05).
  3.  $220,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to  the  miscellaneous  special
revenue fund (339), provider of service account (05).
  4.  $150,000,000  from  the  general fund to the miscellaneous special
revenue fund (339), mental hygiene patient income account (13).
  5. $150,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), mental hygiene program fund account (10).
  6.  $300,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the general fund.
  7. $180,000,000 from the miscellaneous  special  revenue  fund  (339),
mental hygiene patient income account (13) to the general fund.
  Public Protection:
  1. $1,350,000 from the miscellaneous special revenue fund (339), emer-
gency management account (61), to the general fund.
  2.  $3,300,000  from  the  general  fund  to the miscellaneous special
revenue fund (339), recruitment incentive account (U2).
  3. $9,500,000 from the general fund  to  the  correctional  industries
revolving  fund  (397), correctional industries internal service account
(00).
  4. $8,678,000 from  the  miscellaneous  special  revenue  fund  (339),
statewide public safety communications account (LZ), to the general debt
service fund (311), revenue bond tax account (02).
  5. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
  6.  $16,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339), crimes against revenue program account (CA).

S. 2808--C                         94                         A. 4008--C

  7. $20,000,000 from any office of homeland security account within the
federal miscellaneous  operating  grants  fund  (290),  receiving  money
through the homeland security grants program, to the general fund.
  8.  $11,500,000  from  the federal miscellaneous operating grants fund
(290) world trade center account, to the general fund.
  9. $22,100,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement account (62) to the general fund.
  10. $20,000,000 from the miscellaneous  special  revenue  fund  (339),
statewide  public  safety  communications  account  (LZ), to the general
fund.
  11. $4,000,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement  account  (62)  to  the  miscellaneous  special
revenue fund (339) legal services assistance account (IM).
  12.  $660,000  from the miscellaneous special revenue fund (339), cell
tower account (CT), to the general fund.
  Transportation:
  1. $17,672,000 from the federal miscellaneous  operating  grants  fund
(290)  to  the  special  revenue  fund (339), tri-state federal regional
planning account (17).
  2. $20,147,000 from the federal capital projects  fund  (291)  to  the
special revenue fund (339), tri-state federal regional planning accounts
(17).
  3.  $15,368,000  from  the  miscellaneous  special revenue fund (339),
compulsory insurance account (H7), to the general fund.
  4. $19,000,000 from the general fund to the mass transportation  oper-
ating  assistance  fund  (313),  public transportation systems operating
assistance account (01).
  5. $575,000,000 from the general fund to  the  dedicated  highway  and
bridge trust fund (072).
  6.  $606,000 from the miscellaneous special revenue fund (339), inter-
net point insurance reduction program account (IC), to the general fund.
  7. $2,935,000 from the clean air fund  (314),  mobile  source  account
(02), to the general fund.
  8.  $5,000 from the miscellaneous special revenue fund (339), motorcy-
cle safety account (AE), to the general fund.
  9. $165,000,000 from the mass transportation operating assistance fund
(313), metropolitan mass  transportation  operating  assistance  account
(02),  to  the general debt service fund (311), for reimbursement of the
state's expenses in connection with payments of debt service and related
expenses for the metropolitan transportation authority's  state  service
contract bonds.
  10. $16,721,000 from the mass transportation operating assistance fund
(313),  metropolitan  mass  transportation  operating assistance account
(02) to the mass transportation operating assistance fund  (313)  public
transportation systems operating assistance account (01).
  11. $35,008,000 from the mass transportation operating assistance fund
(313),  metropolitan  mass  transportation  operating assistance account
(02) to the general fund.
  Miscellaneous:
  1. $75,000,000 from the general fund to any funds or accounts for  the
purpose of reimbursing certain outstanding accounts receivable balances.
  2.  $250,000,000  from  the general fund to the debt reduction reserve
fund (064).
  S 3. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2012:

S. 2808--C                         95                         A. 4008--C

  1.  Upon request of the commissioner of environmental conservation, up
to $10,777,000 from revenues credited to any of the department of  envi-
ronmental  conservation special revenue funds, including $3,142,800 from
the environmental protection and oil spill compensation fund (303),  and
$1,742,600  from  the  conservation  fund  (302),  to  the environmental
conservation special revenue fund (301), indirect charges account (BJ).
  2. Upon request of the commissioner of agriculture and markets, up  to
$3,000,000  from  any special revenue fund or enterprise fund within the
department of agriculture  and  markets  to  the  miscellaneous  special
revenue  fund  (339)  administrative  costs  account, to pay appropriate
administrative expenses.
  3. Upon request of the commissioner of agriculture and markets, up  to
$2,000,000  from  the  state  exposition  special fund (325), state fair
receipts account (01) to the miscellaneous capital projects fund  (387),
state fair capital improvement account (13).
  4.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 from revenues credited to any  divi-
sion  of  housing and community renewal federal or miscellaneous special
revenue fund to the agency cost recovery account (HI).
  5. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account (339), to any miscellaneous special
revenue fund (339).
  6. Upon request of the commissioner of health up to  $15,000,000  from
revenues  credited  to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund  (339),  administration
account (AP).
  S  4.  Notwithstanding  section  2815  of the public health law or any
other contrary provision of law, upon the direction of the  director  of
the  budget  and  the commissioner of health, the dormitory authority of
the state of New York is directed  to  transfer  seven  million  dollars
annually  from  funds  available  and  uncommitted in the New York state
health care restructuring pool to the  health  care  reform  act  (HCRA)
resources fund - HCRA resources account.
  S  5.  On  or before March 31, 2012, the comptroller is authorized and
directed to transfer the unencumbered balance from  the  family  benefit
fund (329) to the general fund.
  S 6. On or before March 31, 2012, the comptroller is hereby authorized
and  directed  to  deposit  earnings  that would otherwise accrue to the
general fund that are attributable to the operation of section  98-a  of
the  state  finance  law,  to  the agencies internal service fund (334),
banking services  account  (12),  for  the  purpose  of  meeting  direct
payments from such account.
  S  7.  Notwithstanding  any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state  university
of  New  York,  the  dormitory  authority  of  the  state of New York is
directed to transfer, up to $22,000,000 in revenues generated  from  the
sale  of  notes  or  bonds,  to  the  state  university  of New York for
reimbursement of bondable equipment for further transfer to the  state's
general fund.
  S  8.  Notwithstanding  any  law to the contrary, the state university
chancellor or her designee is authorized and directed to transfer  esti-
mated tuition revenue balances from the state university collection fund
(344)  to  the  state  university  fund  (345), state university revenue
offset account (12) on or before March 31, 2012.

S. 2808--C                         96                         A. 4008--C

  S 8-a. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $60,000,000 from the general fund to the state university income fund
(345),  state  university  hospitals  income  reimbursable  account (22)
during the period July 1, 2011 through June 30, 2012 to reflect  ongoing
state  subsidy  of  SUNY  hospitals and to pay costs attributable to the
SUNY hospitals' state agency status.
  S 9. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, upon request of the state university chancel-
lor or her designee, up to $50,000,000 from the state university  income
fund (345), state university hospitals income reimbursable account (22),
for  hospital  income reimbursable for services and expenses of hospital
operations and capital expenditures at the state  university  hospitals,
and  the  state  university income fund (345) Long Island veterans' home
account (09) to the state university capital projects fund (384)  on  or
before June 30, 2012.
  S  10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after  consultation
with  the  state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance,  from
the  state  university  collection  fund  (344),  Stony  Brook  hospital
collection account (07), Brooklyn hospital collection account (08),  and
Syracuse hospital collection account (09) to the state university income
fund  (345), state university hospitals income reimbursable account (22)
in the event insufficient funds are available in  the  state  university
income  fund  (345),  state  university  hospitals  income  reimbursable
account (22) to transfer moneys, in amounts  sufficient  to  permit  the
full transfer of moneys authorized for transfer, to the general fund for
payment  of debt service related to the SUNY hospitals.  Notwithstanding
any law to the contrary, the comptroller is also hereby  authorized  and
directed, after consultation with the state university chancellor or his
or  her  designee,  to  transfer moneys from the state university income
fund (345) to the state university income fund (345),  state  university
hospitals  income  reimbursable  account  (22) in the event insufficient
funds are available in the state university  income  fund  (345),  state
university  hospitals  income  reimbursable account (22) to pay hospital
operating costs or to transfer moneys, in amounts sufficient  to  permit
the full transfer of moneys authorized for transfer, to the general fund
for  payment  of debt service related to the SUNY hospitals on or before
March 31, 2012.
  S 11. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed  to  transfer  monies, upon request of the director of the
budget, on or before March 31, 2012, from and to any  of  the  following
accounts:  the  miscellaneous special revenue fund (339), patient income
account (13), the  miscellaneous  special  revenue  fund  (339),  mental
hygiene  program  fund  account (10) or the general fund in any combina-
tion, the aggregate of which shall not exceed $350 million.
  S 12. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special  revenue
fund  or  account,  or combination of funds and accounts, to the general
fund. The amounts transferred pursuant to this authorization shall be in

S. 2808--C                         97                         A. 4008--C

addition to any other transfers  expressly  authorized  in  the  2011-12
budget.  Transfers  from  federal  funds,  debt  service  funds, capital
projects funds, or the community projects fund are not permitted  pursu-
ant  to this authorization. The director of the budget shall notify both
houses of the legislature  in  writing  prior  to  initiating  transfers
pursuant to this authorization.
  S  12-a.  Notwithstanding  any  law to the contrary, and in accordance
with section 4 of the state  finance  law,  the  comptroller  is  hereby
authorized  and  directed to transfer, at the request of the director of
the budget, up to $38 million  from  the  unencumbered  balance  of  any
special  revenue  fund or account, or combination of funds and accounts,
to the community projects fund. The amounts transferred pursuant to this
authorization shall be in addition  to  any  other  transfers  expressly
authorized  in  the  2011-12  budget. Transfers from federal funds, debt
service funds, or capital projects funds are not permitted  pursuant  to
this authorization. The director of the budget shall (a) have recieved a
request  in writting from one or both houses of the legislature, and (b)
notify both houses of the legislature in  writing  prior  to  initiating
transfers pursuant to this authorization.  The comptroller shall provide
the  director  of the budget, the chair of the senate finance committee,
and the chair of the assembly ways and means committee with an  accurate
accounting  and  report  of  any  transfers  that occur pursuant to this
section on or before the fifteenth day of the following month  in  which
such transfers occur.
  S  13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $75 million from the unencumbered balance of any non-general fund
or account, or combination of funds and accounts, to the  general  fund.
The amounts transferred pursuant to this authorization shall be equal to
those  savings  achieved  in such non-general funds as a result of work-
force savings actions  and  are  in  addition  to  any  other  transfers
expressly  authorized.  Transfers  from  federal funds are not permitted
pursuant to this authorization. The director of the budget shall  notify
both  houses of the legislature in writing prior to initiating transfers
pursuant to this authorization.
  S 14. Notwithstanding any provision of law to the contrary, the  power
authority  of the state of New York, as deemed feasible and advisable by
its trustees, is authorized and directed to make a contribution  to  the
state  treasury  to  the  credit  of  the  general fund in the amount of
$100,000,000 for the fiscal year commencing April  1,  2011.  The  power
authority  of  the  state  of  New  York  will  transfer  not  less than
$40,000,000 by June 30, 2011 and will  transfer  the  remainder,  up  to
$60,000,000, by January 31, 2012.
  S  14-a.    In addition to any payment made by a public benefit corpo-
ration pursuant to an assessment imposed under  sections  2975,  2975-a,
2976  and  2976-a of the public authorities law, a public benefit corpo-
ration is authorized to make voluntary contributions to the state gener-
al fund for any lawful purpose at  any  time  from  any  public  benefit
corporation funds in such amounts as deemed to be feasible and advisable
by such public benefit corporation's governing board after due consider-
ation  of  the  public  benefit  corporation's legal and financial obli-
gations.   Notwithstanding any other law, the  payment  of  a  voluntary
payment  pursuant to this subdivision is deemed to be a valid and proper
purpose for which available funds may  be  applied.  Voluntary  contrib-

S. 2808--C                         98                         A. 4008--C

utions  made  pursuant to this subdivision shall be payable to the state
treasury to the credit of the general fund.
  S 15.  Intentionally omitted.
  S  16.  Subdivision  5  of section 97-rrr of the state finance law, as
amended by section 15 of part JJ of chapter 56 of the laws of  2010,  is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of  the  tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred  eight-
y-one, or any other provisions of law to the contrary, during the fiscal
year  beginning  April first, two thousand ten, the state comptroller is
hereby authorized and directed to deposit to the fund  created  pursuant
to this section from amounts collected pursuant to article twenty-two of
the  tax law and pursuant to a schedule submitted by the director of the
budget, up to [$3,308,000,000] $3,292,520,000, as may  be  certified  in
such  schedule  as  necessary  to meet the purposes of such fund for the
fiscal year beginning April first, two thousand [ten] ELEVEN.
  S 17. Subdivision (b) of section 19-a of part PP of chapter 56 of  the
laws of 2009, providing funding for certain community projects, relating
to increasing such funding, is REPEALED.
  S  18.  The  comptroller  is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities  capital  improve-
ment  fund (399) by a chapter of the laws of 2011.  Reimbursements shall
be available for spending from appropriations made to the department  of
correctional  services  in  the general fund-state purposes account by a
chapter of the laws of 2011 for costs associated with the administration
and security of capital projects and for other costs which are attribut-
able, according to a plan, to such capital projects.
  S 19. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,772,000 authorized by chapter
54  of  the laws of 2001 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund.
  S 20. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the comptroller is hereby authorized and directed to deposit,
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,365,000 authorized by chapter
54  of  the laws of 2002 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment  from  the proceeds of notes and bonds issued by the urban develop-
ment corporation or other financing source for a  capital  appropriation
for  $89,000,000  authorized  by  chapter  50 of the laws of 2002 to the
office of general services for payment of capital construction costs for
the Alfred E. Smith office building  located  in  the  city  of  Albany,
reimbursement  from  the proceeds of notes and bonds issued by the urban
development corporation or other financing source for capital  appropri-
ations  for  $1,500,000  authorized by chapter 50 of the laws of 2002 to
the office of general services for payment of capital construction costs
for the Elk street parking garage building located in the city of  Alba-
ny,  reimbursement  from  the  proceeds  of notes or bonds issued by the

S. 2808--C                         99                         A. 4008--C

urban development corporation for disbursements  of  up  to  $12,000,000
from  any capital appropriation or reappropriation authorized by chapter
50 of the laws of 2002 to the office of  general  services  for  various
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the  urban  development  corporation  for  a  capital  appropriation  of
$13,250,000  authorized  by chapter 55 of the laws of 2002 to the energy
research and development authority for  the  Western  New  York  Nuclear
Service  Center at West Valley, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation  of  $14,300,000  authorized  by chapter 55 of the laws of
2002 to the urban development corporation to finance a  portion  of  the
jobs  now  program,  reimbursement  from  the proceeds of notes or bonds
issued by the dormitory authority for disbursements of up to $20,800,000
from any capital appropriation or reappropriation authorized by  chapter
51  of  the  laws  of 2002 to the judiciary for courthouse improvements,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation  for  disbursements  of  up to $15,000,000 from
appropriations or reappropriations authorized by chapter 50 of the  laws
of  2002  to  any  agency  for  costs  related to homeland security, and
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 54 of the laws of 2002 to the department of  envi-
ronmental conservation for Onondaga lake.
  S  20-a.  Notwithstanding  any  other  law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to  deposit,
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by  the  dormitory  authority  of  the
state  of  New York for a capital appropriation for $215,650,000 author-
ized by chapter 55 of the laws of 2000 to all state agencies for payment
of costs related to the strategic investment program.
  S 21. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $30,174,000 authorized by chapter
55 of the laws of 2003 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation or other financing source for  a  capital  appropriation  of
$19,500,000  authorized  by chapter 50 of the laws of 2003 to the office
of general services for payment of capital construction costs for the 51
Elk street parking garage  building  located  in  the  city  of  Albany,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation for disbursements of up to $10,000,000 from  any
capital appropriation or reappropriation authorized by chapter 50 of the
laws  of  2003  to  the office of general services for various purposes,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $13,250,000
authorized by chapter 55 of the laws of 2003 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  dormitory authority for disbursements of up to $16,400,000 from any
capital appropriation or reappropriation authorized by chapter 51 of the
laws of 2003 to the judiciary for courthouse improvements, reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development

S. 2808--C                         100                        A. 4008--C

corporation  for  disbursements of up to $10,000,000 from appropriations
or reappropriations authorized by chapter 50 of the laws of 2003 to  any
agency  for  costs  related to homeland security, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $10,000,000 authorized by chapter
55 of the laws of 2003 to the department of  environmental  conservation
for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements  of
up  to  $11,000,000  from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2003 to the department of  envi-
ronmental  conservation  for  environmental  purposes, and reimbursement
from the proceeds of notes or bonds issued by  the  dormitory  authority
for  disbursements  of  up  to $100,000,000 from a capital appropriation
authorized by chapter 50 of the laws of 2003 to the department of  state
for enhanced 911 wireless service.
  S  22.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $28,893,000 authorized by chapter
55 of the laws of 2004 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $10,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2004  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized by chapter 55 of the laws of 2004 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation, for a capital appropriation of
$10,000,000  authorized by chapter 55 of the laws of 2004 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by  the  environmental  facilities
corporation  for  disbursements  of  up  to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the  laws
of  2004  to  the  department of environmental conservation for environ-
mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
issued  by  the  dormitory  authority  for  a  capital  appropriation of
$80,000,000 authorized by chapter 53 of the laws of 2004 to  the  educa-
tion  department  for  capital  transition  grants  for  transportation,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for a capital appropriation of $243,325,000  authorized  by
chapter  55 of the laws of 2004 for payment of costs related to economic
development projects, reimbursement from the proceeds of bonds or  notes
issued  by the urban development corporation for a capital appropriation
of $83,500,000 authorized by chapter 53 of the laws of 2006, as  amended
by  chapter 108 of the laws of 2006, for payment of costs related to the
H. H. Richardson complex and the Darwin Martin House, and  reimbursement
from  the  proceeds  of notes or bonds issued by the dormitory authority
for a capital appropriation of $345,750,000 authorized by chapter  3  of
the laws of 2004 for the New York state economic development program.
  S  23.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit

S. 2808--C                         101                        A. 4008--C

to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,602,000 authorized by  chapter
55  of  the laws of 2005 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  disbursements  of  up  to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005 to the office of general services for various purposes,  reimburse-
ment  from  the  proceeds  of notes or bonds issued by the environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized  by chapter 55 of the laws of 2005 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation  of
$10,000,000  authorized by chapter 55 of the laws of 2005 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by  the  environmental  facilities
corporation  for  disbursements  of  up  to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the  laws
of  2005  to  the  department of environmental conservation for environ-
mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $350,000,000 authorized by chapter 55 of the laws  of  2005  for  the
Javits  center, reimbursement from the proceeds of notes or bonds issued
by the dormitory authority for a capital  appropriation  of  $89,750,000
authorized  by  chapter 62 of the laws of 2005 for regional development,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for a capital appropriation of $249,000,000  authorized  by
chapter  62  of  the  laws  of  2005  for  technology  and  development,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation  for  a  capital  appropriation  of $48,517,000
authorized by chapter 162 of the laws of 2005 for  the  New  York  state
economic  development  program, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation  of  $150,000,000  authorized by chapter 62 of the laws of
2005  for  the  higher  education  facilities  capital  matching  grants
program, reimbursement from the proceeds of notes or bonds issued by the
dormitory  authority  or  other financing source for a capital appropri-
ation of $4,000,000 authorized by chapter 50 of the laws of 2005 to  the
office of general services for payment of capital construction costs for
the  Elk  street  parking garage building located in the city of Albany,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation  for  a  capital  appropriation  of $15,000,000
authorized by chapter 53 of the laws of  2005  to  the  state  education
department  for  payment of capital construction costs for public broad-
casting facilities, reimbursement from the proceeds of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
sion of state police for public protection facilities, and reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation for capital disbursements of up to $3,000,000 from any capi-
tal  appropriation  or  reappropriation  authorized by chapter 50 of the
laws of 2005 to the division of military and naval affairs  for  various
purposes.

S. 2808--C                         102                        A. 4008--C

  S  24.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55  of  the laws of 2006 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  disbursements  of  up  to $20,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2006 to the office of general services for various purposes,  reimburse-
ment  from  the  proceeds  of notes or bonds issued by the environmental
facilities  corporation  for  a  capital  appropriation  of  $14,000,000
authorized  by chapter 55 of the laws of 2006 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation  of
$10,000,000  authorized by chapter 55 of the laws of 2006 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by  the  environmental  facilities
corporation  for  disbursements  of  up  to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the  laws
of  2006  to  the  department of environmental conservation for environ-
mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
issued by the urban development corporation for capital disbursements of
up  to  $3,000,000  from  any  capital  appropriation or reappropriation
authorized by chapter 50 of the laws of 2006 to the division of military
and naval affairs for various purposes, reimbursement from the  proceeds
of  notes  or  bonds  issued  by  the  urban development corporation for
disbursements of up to $12,400,000 from  any  capital  appropriation  or
reappropriation  authorized  by  chapter  50  of the laws of 2006 to the
division of state police for public protection facilities, reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation  for  a  capital appropriation of $117,000,000 authorized by
chapter 50 of the laws of 2006 to all state departments and agencies for
the purchase of equipment, reimbursement from the proceeds of  notes  or
bonds  issued by the dormitory authority or the urban development corpo-
ration for all or a portion of capital  appropriations  of  $603,050,000
authorized  by  chapter 108 of the laws of 2006 to the urban development
corporation for economic development/other projects, reimbursement  from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter
108 of the laws of 2006 to the dormitory authority or the urban develop-
ment corporation for economic development projects,  reimbursement  from
the  proceeds of notes or bonds issued by the dormitory authority or the
urban  development  corporation   for   a   capital   appropriation   of
$201,500,000  authorized by chapter 108 of the laws of 2006 to the urban
development corporation for university development projects,  reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity or for a capital appropriation of $143,000,000 authorized by chapter
108  of  the  laws  of  2006  to  the  urban development corporation for
cultural facilities projects, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  dormitory authority or the urban development
corporation for capital appropriations totaling  $60,000,000  authorized
by  chapter 108 of the laws of 2006 to the urban development corporation

S. 2808--C                         103                        A. 4008--C

for energy/environmental projects, reimbursement from  the  proceeds  of
notes  or  bonds issued by the dormitory authority or the urban develop-
ment corporation for a capital appropriation of  $20,000,000  authorized
by  chapter 108 of the laws of 2006 to the urban development corporation
for a competitive solicitation for construction of  a  pilot  cellulosic
ethanol  refinery,  reimbursement  from  the  proceeds of notes or bonds
issued by the urban development corporation for a capital  appropriation
of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture  for  a  new  stadium  in Queens county, and reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for  a  capital appropriation of $74,700,000 authorized by chapter 55 of
the laws of 2006 to the urban development corporation for  services  and
expenses related to infrastructure improvements to construct a new park-
ing  facility  at  a new stadium in Bronx county, reimbursement from the
proceeds of notes and  bonds  issued  by  the  environmental  facilities
corporation  for  a  capital  appropriation  of $5,000,000 authorized by
chapter 55 of the laws of 2006 to the  environmental  facilities  corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the  proceeds  of  notes  or bonds issued by the dormitory authority for
capital disbursements of up to $14,000,000 from  any  capital  appropri-
ation  or  reappropriation  authorized by chapter 53 of the laws of 2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $1,200,000 authorized by  chapter
53  of  the laws of 2006 for the towns of Bristol and Canandaigua public
water systems, reimbursement from the proceeds of notes or bonds  issued
by  the  urban development corporation or the dormitory authority for an
appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006
for Belleayre mountain ski center, reimbursement from  the  proceeds  of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $25,000,000 authorized by chapter
53  of the laws of 2006 for the town of Smithtown/Kings Park psychiatric
center rehabilitation, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation or the  dormitory  authority
for an appropriation of $5,000,000 authorized by chapter 108 of the laws
of  2006 for a state of New York umbilical cord bank, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration  or  the  dormitory  authority for an appropriation of $5,500,000
authorized by chapter 53 of the laws of 2006 for an  Old  Gore  mountain
ski  bowl  connection, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation or the  dormitory  authority
for  an appropriation of $2,000,000 authorized by chapter 53 of the laws
of 2006 for a Cornell equine drug testing laboratory, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration  or  the  dormitory  authority for an appropriation of $2,000,000
authorized by chapter 53 of the laws of 2006  for  a  Fredonia  vineyard
laboratory,  reimbursement from the proceeds of notes or bonds issued by
the dormitory authority or the  urban  development  corporation  for  an
appropriation  of  $40,000,000  authorized by chapter 108 of the laws of
2006 for a food testing laboratory, reimbursement from the  proceeds  of
notes  or  bonds  issued  by the New York state thruway authority for an
appropriation of $22,000,000 authorized by chapter 108 of  the  laws  of
2006 to the department of transportation for high speed rail, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  capital  disbursements  of  up to $500,000,000 from an

S. 2808--C                         104                        A. 4008--C

appropriation authorized by chapter 108 of the laws of 2006 to the urban
development corporation for development of a semiconductor manufacturing
facility, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development corporation of up to $150,000,000 from an appro-
priation authorized by chapter 108 of the laws  of  2006  to  the  urban
development  corporation  for  research  and development activities of a
semiconductor manufacturer, and reimbursement from the proceeds of notes
or bonds  issued  by  the  urban  development  corporation  for  capital
disbursements  of  up to $292,385,000 from an appropriation to the urban
development corporation authorized by chapter 108 of the  laws  of  2006
for community revitalization projects.
  S  25.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2007 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  disbursements  of  up  to $20,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2007 to the office of general services for various purposes,  reimburse-
ment  from  the  proceeds  of notes or bonds issued by the environmental
facilities  corporation  for  a  capital  appropriation  of  $13,500,000
authorized  by chapter 55 of the laws of 2007 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation  of
$10,000,000  authorized by chapter 55 of the laws of 2007 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by  the  environmental  facilities
corporation  for  disbursements  of  up  to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the  laws
of  2007  to  the  department of environmental conservation for environ-
mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
issued by the urban development corporation for capital disbursements of
up  to  $3,000,000  from  any  capital  appropriation or reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and naval affairs for various purposes, reimbursement from the  proceeds
of  notes  or  bonds  issued  by  the  urban development corporation for
disbursements from a capital appropriation of $50,000,000 authorized  by
chapter  50  of  the  laws  of  2007 to the division of state police for
construction of a Troop G facility, reimbursement from the  proceeds  of
notes or bonds issued by the urban development corporation for disburse-
ments  from  a capital appropriation of $6,000,000 authorized by chapter
50 of the laws of 2007 to the division of state police for  construction
of evidence storage facilities, reimbursement from the proceeds of notes
or  bonds  issued  by  the  dormitory authority or the urban development
corporation for capital appropriations totaling  $77,900,000  authorized
by  chapter  51  of the laws of 2007 to the judiciary for court training
facilities and courthouse improvement projects, reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for a capital appropriation of $20,000,000 authorized by chapter  50  of
the  laws of 2007 to all state departments and agencies for the purchase
of equipment, reimbursement from the proceeds of notes or  bonds  issued

S. 2808--C                         105                        A. 4008--C

by   the   dormitory  authority  for  capital  disbursements  of  up  to
$14,000,000 from any capital appropriation or reappropriation authorized
by chapter 53 of the laws of 2007 for library  construction,  reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity  for  capital  disbursements  of  up to $60,000,000 from any capital
appropriation or reappropriation authorized by chapter 53 of the laws of
2007 for cultural education storage facilities, reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for capital disbursements of up to $15,000,000 from any  capital  appro-
priation or reappropriation authorized by chapter 55 of the laws of 2007
for thRoosevelt  Island Operating Corporation aerial tramway, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of  up  to  $20,000,000  from  any
capital appropriation or reappropriation authorized by chapter 55 of the
laws  of  2007 for Governor's Island, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation  for  capital
disbursements  of  up  to  $7,500,000  from any capital appropriation or
reappropriation authorized by chapter 55 of the laws of 2007 for  Harri-
man  research  and  technology  park, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation  for  capital
disbursements  of  up  to  $7,950,000  from any capital appropriation or
reappropriation authorized by chapter 55 of the laws  of  2007  for  USA
Niagara, and reimbursement from the proceeds of notes or bonds issued by
the  urban  development  corporation  for capital disbursements of up to
$1,300,000 from appropriations authorized by chapter 50 of the  laws  of
2007  made  to  the  office  of  general services for legislative office
building hearing rooms.
  S 26. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2008 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of  $141,000,000  authorized  by
chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation
for disbursements of up to $45,500,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the  laws  of  2008  to  the
office  of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by  chapter
55  of the laws of 2008 to the energy research and development authority
for the  Western  New  York  Nuclear  Service  Center  at  West  Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized  by chapter 55 of the laws of 2008 to the department of envi-
ronmental  conservation  for  Onondaga  lake,  reimbursement  from   the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations  or reappropriations authorized by chapter 55 of the laws of 2008
to  the  department  of  environmental  conservation  for  environmental
purposes,  reimbursement  from  the proceeds of notes or bonds issued by

S. 2808--C                         106                        A. 4008--C

the urban development corporation for capital  disbursements  of  up  to
$3,000,000  from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2008 to the division of military and  naval
affairs  for  various purposes, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008
to  the  office  for  technology  for  activities  related  to broadband
service, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for a capital appropriation of  $6,000,000
authorized  by  chapter  50 of the laws of 2008 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
of notes or bonds issued by the dormitory authority of the state of  New
York or other financing source for a capital appropriation authorized by
chapter  53  of the laws of 2008 of $14,000,000 to the education depart-
ment for library construction, reimbursement from the proceeds of  notes
or  bonds  issued by the dormitory authority of the state of New York or
other financing source for a capital appropriation authorized by chapter
53 of the laws of 2008 of $15,000,000 to the  education  department  for
museum  renewal  projects,  reimbursement  from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
urban  development  corporation for services and expenses related to the
investment opportunity fund, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation of $18,000,000 authorized by chapter 53 of the laws of 2008 to the
urban  development corporation for services and expenses related to arts
and cultural projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital  appropriation
of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic
and  community  development projects, reimbursement from the proceeds of
bonds or notes issued by the urban development corporation for a capital
appropriation of $30,000,000 authorized by chapter 53  of  the  laws  of
2008  for  New  York city waterfront development projects, reimbursement
from the proceeds of bonds or notes  issued  by  the  urban  development
corporation  for  a  capital  appropriation of $45,000,000 authorized by
chapter 53  of  the  laws  of  2008  for  Luther  Forest  infrastructure
projects,  reimbursement  from  the proceeds of notes or bonds issued by
the  urban  development  corporation  for   capital   appropriation   of
$35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related  to  downstate
regional  projects,  reimbursement  from  the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$137,037,000 authorized by chapter 53 of the laws of 2008 to  the  urban
development  corporation  for  services  and expenses related to upstate
city-by-city projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$35,000,000 authorized by chapter 53 of the laws of 2008  to  the  urban
development  corporation  for services and expenses related to the down-
state revitalization projects, reimbursement from the proceeds of  notes
or  bonds issued by the urban development corporation for capital appro-
priation of $117,265,000 authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses  related  to
the  upstate regional blueprint fund, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation  for  capital
appropriation  of  $25,000,000  authorized  by chapter 53 of the laws of
2008 to the urban development  corporation  for  services  and  expenses

S. 2808--C                         107                        A. 4008--C

related   to   the   upstate  agricultural  economic  development  fund,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development   corporation  for  capital  appropriation  of  $350,000,000
authorized  by  chapter  53 of the laws of 2008 to the urban development
corporation for services and expenses related  to  the  New  York  state
capital  assistance program, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation  of  $350,000,000  authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses  related  to
the   New  York  state  economic  development  assistance  program,  and
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development corporation for capital appropriation of $20,000,000 author-
ized  by  chapter 55 of the laws of 2008 to the urban development corpo-
ration for services and expenses related to the  empire  state  economic
development fund.
  S  27.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2009 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a  capital appropriation of $129,800,000 authorized by
chapter 50 of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2009 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2009 to the energy research and development  authority
for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2009 to the department of  envi-
ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of  2009
to  the  department  of  environmental  conservation  for  environmental
purposes, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development  corporation  for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation  authorized
by  chapter 50 of the laws of 2009 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation authorized by chapter 53 of the laws  of  2009  of
$14,000,000  to the state education department for library construction,
reimbursement from the proceeds of notes or bonds issued by the dormito-

S. 2808--C                         108                        A. 4008--C

ry authority of the state of New York or other financing  source  for  a
capital  appropriation  of  $4,000,000 to the state education department
for rehabilitation associated  with  the  St.  Regis  Mohawk  elementary
school  authorized  by  chapter 53 of the laws of 2009 and reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation for capital appropriation of $25,000,000 authorized by chap-
ter  55  of  the  laws  of 2009 to the urban development corporation for
services and expenses related to the empire state  economic  development
fund.
  S  28.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2010 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a  capital appropriation of $187,285,000 authorized by
chapter 50 of the laws of 2010 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $26,950,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2010 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for  a capital appropriation of $5,000,000 authorized by chapter
55 of the laws of 2010 to the department of  environmental  conservation
for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements  of
up  to  $12,000,000  from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2010 to the department of  envi-
ronmental  conservation  for  environmental purposes, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration  for  capital  disbursements of up to $3,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2010 to the division of military and naval affairs for various purposes,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation  for  a  capital  appropriation  of  $6,000,000
authorized by chapter 50 of the laws of 2010 to the  division  of  state
police for rehabilitation of facilities, reimbursement from the proceeds
of  notes or bonds issued by the dormitory authority of the state of New
York  or  other  financing  source  for  a  capital   appropriation   of
$14,000,000  authorized  by  chapter 53 of the laws of 2010 to the state
education department for library construction, reimbursements  from  the
proceeds  of  notes  or  bonds  issued by the dormitory authority of the
state of New York or other financing source for a capital  appropriation
of  $20,400,000  authorized  by  chapter  100 of the laws of 2010 to the
state  education  department  for  the  longitudinal  data  system   and
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation of $42,000,000  for  the  state  preparedness  and
training center.
  S  29.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the

S. 2808--C                         109                        A. 4008--C

proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $35,000,000 authorized by a  chap-
ter  of the laws of 2011 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $92,751,000 authorized  by  a
chapter  of  the  laws of 2011 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $40,000,000 from any capital appropriation or
reappropriation  authorized  by  a  chapter  of  the laws of 2011 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations  or  reappropriations authorized by a chapter of the laws of 2011
to  the  department  of  environmental  conservation  for  environmental
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$3,000,000  from any capital appropriation or reappropriation authorized
by a chapter of the laws of 2011 to the division of military  and  naval
affairs  for  various purposes, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation  of $6,000,000 authorized by a chapter of the laws of 2011
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of 2011 to the state  education  department  for  library  construction,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation  for  capital  appropriation  of   $130,550,000
authorized  by  a  chapter  of the laws of 2011 to the urban development
corporation for services and expenses related to the  regional  economic
development council initiative, reimbursement from the proceeds of notes
or  bonds issued by the urban development corporation for capital appro-
priation of $50,000,000 authorized by a chapter of the laws of  2011  to
the  urban  development corporation for services and expenses related to
the economic transformation program.
  S 30. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the state university residence hall rehabilitation fund
(074), reimbursement from the proceeds of notes or bonds issued  by  the
dormitory  authority  of the state of New York for capital disbursements
of up to $331,000,000 from any appropriation or reappropriation  author-
ized by a chapter of the laws of 2011.
  S  31.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the dormitory authority  and  urban
development  corporation  for  disbursements of up to $8,000,000 from an
appropriation authorized by chapter 50 of the  laws  of  2009  for  drug
courts.
  S  32.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  city  university  special  revenue fund (377),
reimbursement from the proceeds of notes or bonds issued by the Dormito-

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

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continuation of such tax exempt status. Prior to the making of any  such
transfers,  the  comptroller  shall notify the director of the budget of
the amount of such transfers.
  S  35.  Subdivision  8  of  section  68-b of the state finance law, as
amended by chapter 79 of the  laws  of  2010,  is  amended  to  read  as
follows:
  8.  Revenue  bonds  may  only  be  issued  for authorized purposes, as
defined in section sixty-eight-a of this  article.  Notwithstanding  the
foregoing,  the  dormitory  authority  of  the state of New York and the
urban development corporation may issue revenue bonds for any authorized
purpose of any other such authorized issuer through March  thirty-first,
two  thousand [eleven] THIRTEEN.  The authorized issuers shall not issue
any revenue bonds in an amount in excess of statutory authorizations for
such authorized purposes. Authorizations for  such  authorized  purposes
shall  be  reduced  in  an  amount  equal to the amount of revenue bonds
issued for such authorized purposes under this article.  Such  reduction
shall  not  be  made in relation to revenue bonds issued to fund reserve
funds, if any, and costs of issuance, if these  items  are  not  counted
under  existing authorizations, nor shall revenue bonds issued to refund
bonds issued under existing authorizations reduce  the  amount  of  such
authorizations.
  S  36.  Subdivision  2  of  section  68-a of the state finance law, as
amended by chapter 79 of the  laws  of  2010,  is  amended  to  read  as
follows:
  2. "Authorized purpose" for purposes of this article and section nine-
ty-two-z  of  this  chapter shall mean any purposes for which state-sup-
ported debt, as defined by section sixty-seven-a of this chapter, may or
has been issued except debt for  which  the  state  is  constitutionally
obligated  thereunder  to  pay  debt  service  and related expenses, and
except (a) as authorized in paragraph (b) of subdivision one of  section
three  hundred eighty-five of the public authorities law, (b) as author-
ized for the department of health of the state of New York facilities as
specified in paragraph a of subdivision two of section  sixteen  hundred
eighty  of  the public authorities law, (c) state university of New York
dormitory facilities  as  specified  in  subdivision  eight  of  section
sixteen  hundred seventy-eight of the public authorities law, and (d) as
authorized for mental health services facilities by  section  nine-a  of
section  one of chapter three hundred ninety-two of the laws of nineteen
hundred seventy-three constituting  the  New  York  state  medical  care
facilities  financing  act. Notwithstanding the provisions of clause (d)
of this subdivision, for the  period  April  first,  two  thousand  nine
through  March thirty-first, two thousand [eleven] TWELVE, mental health
services facilities, as authorized by section nine-a of section  one  of
chapter  three hundred ninety-two of the laws of nineteen hundred seven-
ty-three constituting the New York state medical care facilities financ-
ing act, shall constitute an authorized purpose.
  S 37. Section 51 of part RR of chapter 57 of the laws of 2008, provid-
ing for the administration of certain funds and accounts related to  the
2008-2009  budget,  as  amended  by  chapter  48 of the laws of 2010, is
amended to read as follows:
  S 51. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2008; provided,
however,  that the amendments to subdivision 6 of section 4 and subdivi-
sion 4 of section 40 of the state finance law made by  sections  fifteen
and  sixteen of this act shall expire on the same date such subdivisions
expire; and provided, further, however, that section thirty-four of this

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act shall take effect on the same date as the reversion of section  69-c
of  the state finance law as provided in section 58 of part T of chapter
57 of the laws of 2007, as amended; [provided, further that such  amend-
ments shall expire and be deemed repealed March 31, 2011;] and provided,
further,  however,  that sections one, three, four, and eighteen through
twenty-seven of this act shall expire March 31, 2009 when upon such date
the provisions of such sections shall be deemed repealed;  and  provided
further  that  section  fourteen of this act shall expire March 31, 2011
when upon such date the provisions  of  such  section  shall  be  deemed
repealed.
  S  38.  Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 48 of part JJ of chapter 56 of the laws  of  2010,
is amended to read as follows:
  3.  The  maximum amount of bonds that may be issued for the purpose of
financing  environmental  infrastructure  projects  authorized  by  this
section  shall  be  nine  hundred  [three] FIFTEEN million seven hundred
forty-seven thousand dollars, exclusive of bonds issued to fund any debt
service reserve funds, pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise  repay  bonds  or  notes  previously
issued.   Such bonds and notes of the corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they  be
payable  out  of any funds other than those appropriated by the state to
the corporation for debt service and related expenses  pursuant  to  any
service  contracts executed pursuant to subdivision one of this section,
and such bonds and notes shall contain on the face thereof  a  statement
to such effect.
  S  39.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
laws of 2005, providing for the  administration  of  certain  funds  and
accounts  related  to  the 2005-2006 budget, as amended by section 49 of
part JJ of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law  to  the  contrary,  one  or  more
authorized  issuers  as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more  series  in
an  aggregate  principal amount not to exceed [$18,000,000] $21,000,000,
excluding bonds issued to finance  one  or  more  debt  service  reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to  refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects for public protection  facili-
ties  in  the  Division  of Military and Naval Affairs, debt service and
leases; and to reimburse the state general fund for  disbursements  made
therefor.  Such bonds and notes of such authorized issuer shall not be a
debt of the state, and the state shall not be liable thereon, nor  shall
they  be  payable  out of any funds other than those appropriated by the
state to such authorized issuer for debt service  and  related  expenses
pursuant to any service contract executed pursuant to subdivision (b) of
this  section and such bonds and notes shall contain on the face thereof
a statement to such effect. Except for purposes of  complying  with  the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  S  40.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
laws of 2002, providing for the  administration  of  certain  funds  and
accounts  related  to  the 2002-2003 budget, as amended by section 50 of
part JJ of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
follows:

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  (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of  the  urban  development
corporation  act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed  $67,000,000  excluding  bonds  issued  to  fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes  previ-
ously  issued,  for  the  purpose  of financing capital costs related to
homeland security and training facilities  for  the  division  of  state
police,  the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made  from  the
state  capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed  [$165,800,000]  $205,800,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs  of  issuance  of  such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the  reimbursement  of  any  disbursements  made  from the state capital
projects fund. Such bonds and notes of the corporation shall  not  be  a
debt  of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those  appropriated  by  the
state  to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision  (b)  of  this
section,  and  such  bonds and notes shall contain on the face thereof a
statement to such effect.
  S 41. Subdivision 4 of section 66-b  of  the  state  finance  law,  as
amended  by  section 51 of part JJ of chapter 56 of the laws of 2010, is
amended to read as follows:
  4. Subject to the provisions of chapter fifty-nine of the laws of  two
thousand, but notwithstanding any other provisions of law to the contra-
ry,  the  maximum  amount  of  certificates  of participation or similar
instruments representing periodic payments due from  the  state  of  New
York,  issued  on  behalf  of  state  departments and agencies, the city
university of New York and any other state  entity  otherwise  specified
after  March  thirty-first,  two  thousand  three shall be seven hundred
[fifty-one]  EIGHTY-FOUR  million  two  hundred   eighty-five   thousand
dollars. Such amount shall be exclusive of certificates of participation
or  similar instruments issued to fund a reserve fund or funds, costs of
issuance and to refund outstanding certificates of participation.
  S 42. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, providing for the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by
section 52 of part JJ of chapter 56 of the laws of 2010, is  amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal amount not to exceed six billion [one] FOUR hundred
[sixty-four] NINETY million [sixty-nine] FOUR HUNDRED  SIXTY-NINE  thou-
sand  dollars  [$6,164,069,000]  $6,490,469,000,  and  shall include all
bonds, notes and other obligations issued pursuant to chapter 56 of  the
laws  of  1983,  as amended or supplemented. The proceeds of such bonds,
notes or other obligations shall be paid to the state,  for  deposit  in
the  correctional  facilities capital improvement fund to pay for all or

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any portion of the amount or amounts paid by the  state  from  appropri-
ations  or  reappropriations  made  to  the  department [of correctional
services] OF CORRECTIONS AND COMMUNITY SUPERVISION from the correctional
facilities  capital improvement fund for capital projects. The aggregate
amount of bonds, notes or other  obligations  authorized  to  be  issued
pursuant to this section shall exclude bonds, notes or other obligations
issued  to  refund  or otherwise repay bonds, notes or other obligations
theretofore issued, the proceeds of which were paid to the state for all
or a portion of the amounts expended by the state from appropriations or
reappropriations made  to  the  department  of  [correctional  services]
CORRECTIONS  AND COMMUNITY SUPERVISION; provided, however, that upon any
such refunding or repayment the  total  aggregate  principal  amount  of
outstanding  bonds,  notes  or other obligations may be greater than six
billion [one] FOUR hundred [sixty-four] NINETY million [sixty-nine] FOUR
HUNDRED SIXTY-NINE  thousand  dollars  [$6,164,069,000]  $6,490,469,000,
only if the present value of the aggregate debt service of the refunding
or  repayment  bonds,  notes or other obligations to be issued shall not
exceed the present value of the aggregate debt  service  of  the  bonds,
notes or other obligations so to be refunded or repaid. For the purposes
hereof, the present value of the aggregate debt service of the refunding
or repayment bonds, notes or other obligations and of the aggregate debt
service  of the bonds, notes or other obligations so refunded or repaid,
shall be calculated by utilizing the  effective  interest  rate  of  the
refunding or repayment bonds, notes or other obligations, which shall be
that   rate  arrived  at  by  doubling  the  semi-annual  interest  rate
(compounded  semi-annually)  necessary  to  discount  the  debt  service
payments on the refunding or repayment bonds, notes or other obligations
from  the payment dates thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
ing estimated accrued interest or proceeds received by  the  corporation
including estimated accrued interest from the sale thereof.
  S 43. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of  1997,  providing  for  the  financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  53  of part JJ of chapter 56 of the laws of 2010, is amended to
read as follows:
  1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby  authorized  to  issue  bonds,  notes and other obligations in an
aggregate principal amount not to exceed [three] FOUR hundred  [seventy-
nine]   TWENTY-NINE   million  five  hundred  fifteen  thousand  dollars
[($379,515,000)]  ($429,515,000),  which  authorization  increases   the
aggregate principal amount of bonds, notes and other obligations author-
ized by section 40 of chapter 309 of the laws of 1996, and shall include
all bonds, notes and other obligations issued pursuant to chapter 211 of
the  laws  of  1990,  as  amended  or supplemented. The proceeds of such
bonds, notes or other obligations shall be paid to the state, for depos-
it in the youth facilities improvement fund,  to  pay  for  all  or  any
portion  of  the amount or amounts paid by the state from appropriations
or reappropriations made to the office of children and  family  services
from  the  youth  facilities  improvement fund for capital projects. The
aggregate amount of bonds, notes and other obligations authorized to  be
issued  pursuant  to  this  section  shall exclude bonds, notes or other
obligations issued to refund or otherwise repay bonds,  notes  or  other
obligations  theretofore  issued, the proceeds of which were paid to the

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state for all or a portion of the amounts expended  by  the  state  from
appropriations  or  reappropriations  made to the office of children and
family services; provided, however, that  upon  any  such  refunding  or
repayment  the  total  aggregate  principal amount of outstanding bonds,
notes or other obligations may be  greater  than  [three]  FOUR  hundred
[seventy-nine] TWENTY-NINE million five hundred fifteen thousand dollars
[($379,515,000)]  $429,515,000,  only if the present value of the aggre-
gate debt service of the refunding or repayment bonds,  notes  or  other
obligations  to  be  issued  shall  not  exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded or repaid. For the purposes hereof, the present  value  of  the
aggregate  debt  service  of  the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds,  notes
or  other  obligations  so  refunded  or  repaid, shall be calculated by
utilizing the effective interest rate  of  the  refunding  or  repayment
bonds,  notes  or other obligations, which shall be that rate arrived at
by doubling the semi-annual  interest  rate  (compounded  semi-annually)
necessary  to  discount  the  debt  service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds,  notes  or
other  obligations  and  to  the  price  bid including estimated accrued
interest or proceeds received by  the  corporation  including  estimated
accrued interest from the sale thereof.
  S  44.  Paragraph  (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 54 of part JJ of  chapter  56
of the laws of 2010, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  in  order  to  enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of  such
housing  programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable  housing  program  bonds  and
notes  in  such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and  not  previously
reimbursed)  pursuant  to law or any prior year making capital appropri-
ations or reappropriations for the  purposes  of  the  housing  program;
provided,  however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding two billion [five] SIX  hundred
[thirty-two]  THIRTY-SIX million [two] FOUR hundred ninety-nine thousand
dollars, plus a principal amount  of  bonds  issued  to  fund  the  debt
service  reserve  fund  in accordance with the debt service reserve fund
requirement established by the agency and to  fund  any  other  reserves
that  the agency reasonably deems necessary for the security or marketa-
bility of such bonds and to provide for the payment of  fees  and  other
charges  and  expenses,  including  underwriters'  discount, trustee and
rating agency fees, bond insurance,  credit  enhancement  and  liquidity
enhancement  related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain  or  restore
such  reserve  fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a  failure  of  the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
  S  45.  Paragraph  j  of  subdivision  2 of section 1680 of the public
authorities law, as amended by section 37 of part PP of  chapter  56  of
the laws of 2009, is amended to read as follows:

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  j.  Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two  for  a  housing  unit  for  the  use  of
students  at  a  state-operated  institution  or  statutory  or contract
college under the jurisdiction of the state university of New York shall
be  one  billion  [two] FIVE hundred [thirty] SIXTY-ONE million dollars.
Such amount shall be exclusive of bonds and notes  issued  to  fund  any
reserve  fund or funds, costs of issuance, and to refund any outstanding
bonds and notes relating to a housing unit under the jurisdiction of the
state university of New York.
  S 46. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 2 of part C of chapter 109 of the laws of 2010, is amended to
read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the  highway  law  and  section
14-k of the transportation law, and entered into pursuant to subdivision
(a)  of  this  section,  shall  provide for state commitments to provide
annually to the thruway authority a sum or sums,  upon  such  terms  and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations  of  the thruway authority issued to fund such projects having a
cost not in excess of [$6,286,660,000]  $6,695,169,000  cumulatively  by
the end of fiscal year [2010-2011] 2011-12.
  S  47. Subdivision 5 of section 3234 of the public authorities law, as
amended by section 54 of part K of chapter  81  of  the  laws  2002,  is
amended to read as follows:
  5.  A  majority  of the whole number of directors then in office shall
constitute a quorum for the transaction of any business or the  exercise
of  any  power of the corporation. Except as otherwise specified in this
title, for the transaction of any business or the exercise of any  power
of the corporation, the corporation shall have power to act by a majori-
ty  of  the  directors  present  at  any meeting at which a quorum is in
attendance; provided that one or more directors  may  participate  in  a
meeting  by  means  of  conference  telephone  or similar communications
equipment allowing all directors participating in the  meeting  to  hear
each  other  at  the  same  time  and  participation by such means shall
constitute presence in person at a meeting.  A  unanimous  vote  of  all
directors  THEN IN OFFICE shall be required for approval of a resolution
authorizing the issuance of bonds or notes or any supplemental or  amen-
datory  resolution.   The corporation may delegate to one or more of its
directors, or officers, agents and employees, such powers and duties  as
the  directors  may deem proper. Five days notice shall be given to each
director and nonvoting representative prior to any meeting of the corpo-
ration.
  S 48. Paragraph (e) of subdivision 1 of section  3236  of  the  public
authorities  law,  as  amended  by  chapter  219 of the laws of 1999, is
amended to read as follows:
  (e) Such bonds shall be sold to the bidder offering the lowest  inter-
est  cost  to  the corporation, taking into consideration any premium or
discount and, in the case of refunding  bonds,  the  bona  fide  initial
public  offering  price,  not less than four nor more than fifteen days,
Sundays excepted, after a notice of such  sale  has  been  published  at
least  once  in  a  definitive  trade  publication of the municipal bond
industry published on each business day in the state of New  York  which

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is  generally  available to participants in the municipal bond industry,
which notice shall state the terms of the sale. The corporation may  not
change  the terms of the sale unless notice of such change is sent via a
definitive  trade  wire service of the municipal bond industry which, in
general, makes available information regarding  activity  and  sales  of
municipal bonds and is generally available to participants in the munic-
ipal  bond industry, at least one [day] HOUR prior to the [date] TIME of
the sale as set forth in the original notice of sale. In so changing the
terms or conditions of a sale the corporation may send  notice  by  such
wire  service  that  the  sale  will  be  delayed  by up to thirty days,
provided that wire notice of the new sale date will be  given  at  least
one  business  day  prior to the new time when bids will be accepted. In
such event, no new notice of sale shall be  required  to  be  published.
Advertisements  shall  contain a provision to the effect that the corpo-
ration, in its discretion, may reject any or all bids made in  pursuance
of  such  advertisements, and in the event of such rejection, the corpo-
ration is authorized to negotiate a private sale or readvertise for bids
in the form and manner above described as many times as,  in  its  judg-
ment,  may  be necessary to effect a satisfactory sale.  Notwithstanding
the foregoing provisions of this paragraph, whenever in the judgment  of
the corporation the interests of the corporation will be served thereby,
the  corporation  may  sell bonds at private sale. The corporation shall
promulgate regulations governing the terms and conditions  of  any  such
private  sales, which regulations shall include a provision that it give
notice to the governor, the temporary president of the senate,  and  the
speaker  of  the  assembly of its intention to conduct a private sale of
obligations pursuant to this section not less than five  days  prior  to
such sale or the execution of any binding agreement to effect such sale.
  S  49.  Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 46 of part JJ of chapter 56 of the laws  of  2010,
is amended to read as follows:
  1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
request of the commissioner of education, to  finance  eligible  library
construction projects pursuant to section two hundred seventy-three-a of
the  education  law,  in  amounts  certified by such commissioner not to
exceed  a  total  principal  amount  of  [seventy]  EIGHTY-FOUR  million
dollars.
  S  50.  Section  21-e of chapter 432 of the laws of 1997, amending the
state finance law and other laws relating to the issuance  of  bonds  or
notes  for community enhancement facilities projects, is amended to read
as follows:
  S 21-e.   Notwithstanding the provisions  of  any  other  law  to  the
contrary,  the authority is hereby authorized to issue bonds or notes in
one or more series for the purpose of funding project  costs  or  making
grants,  loans or combinations thereof for community enhancement facili-
ties projects. The aggregate principal amount of bonds authorized to  be
issued  pursuant  to this section shall not exceed four hundred [twenty-
five] TWENTY-THREE million FIVE HUNDRED THOUSAND dollars total  for  all
issuing  authorities,  excluding  bonds  issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes  previ-
ously  issued. Such bonds and notes of the authority shall not be a debt
of the state, and the state shall not be liable thereon, nor shall  they
be  payable  out of any funds other than those appropriated by the state
to the authority for debt service and related  expenses  pursuant  to  a
service  contract  and  such  bonds  and notes shall contain on the face

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thereof a statement to such effect.   Except for purposes  of  complying
with  the  internal  revenue  code,  any  interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
  S 51. Subdivision (a) of section 1 of part T of chapter 84 of the laws
of  2002,  relating  to authorizing the New York state urban development
corporation and the dormitory authority of the  state  of  New  York  to
issue bonds or notes for the purpose of financing certain project costs,
is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
state urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount, subject to the  limita-
tions   contained   in   section  eight  of  this  act,  not  to  exceed
[$1,200,000,000] $1,189,700,000 excluding bonds issued to  fund  one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  bonds  or  notes  issued to refund or otherwise repay such bonds or
notes previously issued, for the purposes  of  financing  project  costs
authorized  under  this  act. Such bonds and notes of the corporation or
the dormitory authority shall not be a debt of the state and  the  state
shall  not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state to  the  corporation  or  the
authority  for debt service and related expenses pursuant to any service
contract executed pursuant to subdivision (b)  of this section, and such
bonds and notes shall contain on the face thereof a  statement  to  such
effect.    Except  for  purposes  of complying with the internal revenue
code, any interest income earned on bond proceeds shall only be used  to
pay  debt  service  on such bonds. All of the provisions of the New York
state urban development corporation act and the dormitory authority  act
relating  to  bonds  and  notes  which  are  not  inconsistent  with the
provisions of this section shall apply to obligations authorized by this
section, including but not limited to the power  to  establish  adequate
reserves  therefore and to issue renewal notes or refunding bonds there-
of. The issuance of any  bonds  or  notes  hereunder  shall  further  be
subject to the approval of the director of the division of the budget.
  S  52. Subdivision (a) of section 27 of chapter 3 of the laws of 2004,
relating to authorizing the New York state urban development corporation
and the dormitory authority of the state of New York to issue  bonds  or
notes, is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
State urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$350,000,000]  $345,750,000  excluding  bonds  issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously issued, for the purpose of financing economic develop-
ment projects outside cities with a population of one million  or  more.
Such bonds and notes of the corporation or the dormitory authority shall
not  be  a debt of the state, and the state shall not be liable thereon,
nor shall they be payable out of any funds other than those appropriated
by the state to the corporation or  the  dormitory  authority  for  debt
service  and  related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and  such  bonds  and  notes
shall  contain  on  the face thereof a statement to such effect.  Except

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for purposes of complying with the internal revenue code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such  bonds.  All of the provisions of the New York state urban develop-
ment  corporation  act and the dormitory authority act relating to bonds
and notes which are not inconsistent with the provisions of this section
shall apply to obligations authorized by this section, including but not
limited to the power to establish  adequate  reserves  therefor  and  to
issue  renewal  notes  or  refunding  bonds thereof. The issuance of any
bonds or notes hereunder shall further be subject to the approval of the
director of the division of the budget.
  S 53. Subdivision (a) of section 1 of part X of chapter 59 of the laws
of 2004, relating to authorizing the New York  state  urban  development
corporation  and  the  dormitory  authority  of the state of New York to
issue bonds or notes, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding any other provision of law to the contrary, the New York
State  urban  development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes  in  one
or   more  series  in  an  aggregate  principal  amount  not  to  exceed
[$250,000,000] $243,325,000 excluding bonds issued  to  finance  one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  bonds  or  notes  issued to refund or otherwise repay such bonds or
notes previously issued, for the purpose of financing projects  cost  of
the  Empire Opportunity Fund; Rebuilding the Empire State Through Oppor-
tunities in Regional Economies  (RESTORE)  New  York  Program;  and  the
Community  Capital  Assistance  Program authorized pursuant to Part T of
chapter 84 of the laws of 2002. Such bonds and notes of the  corporation
or  the  dormitory  authority  shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of  any
funds  other  than those appropriated by the state to the corporation or
the dormitory authority for debt service and related  expenses  pursuant
to  any  service  contract  executed pursuant to subdivision (b) of this
section and such bonds and notes shall contain on  the  face  thereof  a
statement  to  such  effect.   Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds. All of the provisions of
the New York state urban development corporation act and  the  dormitory
authority  act  relating  to  bonds and notes which are not inconsistent
with the provisions of this section shall apply to  obligations  author-
ized  by  this section, including but not limited to the power to estab-
lish adequate reserves therefor and to issue renewal notes or  refunding
bonds  thereof.  The  issuance  of  any  bonds  or notes hereunder shall
further be subject to the approval of the director of  the  division  of
the budget.
  S 54. Subdivision (a) of section 1 of part T of chapter 59 of the laws
of  2005, relating to the urban development corporation bonding authori-
ty, as added by section 3 of part C of chapter 63 of the laws  of  2005,
is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary the urban develop-
ment corporation or the dormitory  authority  is  hereby  authorized  to
issue  bonds  or  notes  in one or more series in an aggregate principal
amount not to exceed [$250,000,000] $249,000,000 excluding bonds  issued
to finance one or more debt service reserve funds, to pay costs of issu-
ance  of  such  bonds,  and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued, for the  purpose  of  reim-

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bursing  the  state capital projects fund disbursements made pursuant to
appropriations for the New York state high  technology  and  development
program, pursuant to a memorandum of understanding to be executed by the
governor,  the temporary president of the senate, and the speaker of the
assembly, and further provided that the proceeds of such bonds or  notes
are  authorized  to be utilized to finance grants, loans or combinations
thereof pursuant to the New York state high technology  and  development
program,  as  appropriated  by  a  chapter of the laws of 2005. Eligible
project costs may include, but not be limited to  the  cost  of  design,
financing,  site  acquisition and preparation, demolition, construction,
rehabilitation, acquisition of machinery and equipment, parking  facili-
ties,  and  infrastructure.  Such  bonds  and  notes  of such authorized
issuers shall not be a debt of the state, and the  state  shall  not  be
liable  thereon,  nor  shall they be payable out of any funds other than
those appropriated by the state to  such  authorized  issuers  for  debt
service  and  related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and  such  bonds  and  notes
shall contain on the face thereof a statement to such effect. Except for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S 55. Subdivision (a) of section 1 of part S of chapter 59 of the laws
of 2005, relating to the authority of the urban development  corporation
and  the  dormitory authority to issue bonds, as amended by section 1 of
part C of chapter 63 of the laws of 2005, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any provisions of law to the contrary, the urban devel-
opment corporation or the dormitory authority is  hereby  authorized  to
issue  bonds  or  notes  in one or more series in an aggregate principal
amount not to exceed [$90,000,000] $89,750,000 excluding bonds issued to
finance one or more debt service reserve funds, to pay costs of issuance
of such bonds, and bonds or notes issued to refund  or  otherwise  repay
such  bonds  or  notes previously issued, for the purpose of reimbursing
the state capital projects fund disbursements made pursuant to appropri-
ations for the regional economic development program pursuant to a memo-
randum of understanding to be executed by the  governor,  the  temporary
president  of  the senate, and the speaker of the assembly. The proceeds
of such bonds or notes are authorized to be utilized to finance  grants,
loans or combinations thereof pursuant to the regional economic develop-
ment program, as appropriated by a chapter of the laws of 2005. Eligible
project  costs  may  include,  but not be limited to the cost of design,
financing, site investigations, site acquisition and preparation,  demo-
lition,  construction,  rehabilitation,  acquisition  of  machinery  and
equipment, and infrastructure improvements. Such bonds and notes of such
authorized issuers shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds  other
than those appropriated by the state to such authorized issuers for debt
service  and  related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and  such  bonds  and  notes
shall  contain  on  the face thereof a statement to such effect.  Except
for purposes of complying with the internal revenue code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S 56. Intentionally omitted.
  S  57.  Subdivision 1 of section 43 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-

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ration  act,  as  amended  by section 48 of part PP of chapter 56 of the
laws of 2009, is amended read as follows:
  1.  Notwithstanding  the  provisions of any other law to the contrary,
the dormitory authority and the corporation  are  hereby  authorized  to
issue  bonds  or  notes in one or more series for the purpose of funding
project costs for various economic development and regional initiatives,
the upstate regional blueprint fund, the downstate revitalization  fund,
the  upstate  agricultural  economic  fund,  the  New York state capital
assistance program, the New York state economic  development  assistance
program  and other state costs associated with such projects. The aggre-
gate principal amount of bonds authorized to be issued pursuant to  this
section   shall  not  exceed  one  billion  [three]  TWO  hundred  [ten]
SIXTY-NINE million FOUR HUNDRED FIFTY THOUSAND dollars, excluding  bonds
issued  to  fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the corporation shall  not  be  a  debt  of  the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
the dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S 57-a. Subdivision (a) of section 32 of chapter 60  of  the  laws  of
2006  relating  to  providing  for  administration  of certain funds and
accounts related to the 2006-2007 budget, as amended by  section  45  of
part  RR  of  chapter  57  of  the  laws  of 2008, is amended to read as
follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any  provisions  of  law  to  the contrary, one or more
authorized issuers as defined by section 68-a of the state  finance  law
are  hereby  authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [$120,500,000]  $21,000,000,
excluding  bonds  issued  to  finance  one  or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued,  for
the  purpose  of  financing  capital  projects for office for technology
facilities, debt service and leases; and to reimburse the state  general
fund  for  disbursements  made  therefor.  Such  bonds and notes of such
authorized issuer shall not be a debt of the state, and the state  shall
not  be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to such authorized issuer for  debt
service  and  related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and  such  bonds  and  notes
shall contain on the face thereof a statement to such effect. Except for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S 57-b. Subdivision (a) of section 1 of part H of chapter  61  of  the
laws  of 2000 relating to authorizing bonds for the strategic investment
program is amended to read as follows:
  (a) Notwithstanding any provisions of law to  the  contrary,  the  New
York state urban development corporation, the dormitory authority of the
state of New York or the environmental facilities corporation are hereby

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authorized to issue bonds or notes in one or more series in an aggregate
principal  amount  not  to  exceed [$225,000,000] $215,650,000 excluding
bonds issued to finance one or more debt service reserve funds,  to  pay
costs  of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued, for  the  purpose
of making grants, loans or combinations thereof for $250,000 or more for
environmental  projects,  including  the  preservation  of  historically
significant places in New York state, and projects to conserve, acquire,
develop or improve parklands, parks or public recreation areas;  includ-
ing  economic development projects which will facilitate the creation or
retention of jobs or increase business activity within a municipality or
region of the state; including higher education  projects;  projects  to
establish  new or rehabilitate existing business incubator facilities to
accommodate emerging or small high technology  companies;  and  arts  or
cultural  projects; and to reimburse the state capital projects fund for
disbursements made therefor. Such bonds and notes of the New York  state
urban  development  corporation, the dormitory authority of the state of
New York or the environmental facilities corporation shall not be a debt
of the state, and the state shall not be liable thereon, nor shall  they
be  payable  out of any funds other than those appropriated by the state
to the New York  state  urban  development  corporation,  the  dormitory
authority  of  the  state  of  New  York or the environmental facilities
corporation for debt  service  and  related  expenses  pursuant  to  any
service  contract  executed  pursuant to subdivision (b) of this section
and such bonds and notes shall contain on the face thereof  a  statement
to  such  effect.  Except  for  purposes  of complying with the internal
revenue code, any interest income earned on bond proceeds shall only  be
used to pay debt service on such bonds.
  S  57-c.  Subdivision  (a) of section 1 of part X of chapter 58 of the
laws of 2006 authorizing the New York  state  urban  development  corpo-
ration, the dormitory authority, the New York state environmental facil-
ities corporation, the New York state housing finance agency and the New
York  state  thruway  authority  to  issue bonds or notes, as amended by
section 1 of part J-1 of chapter 109 of the laws of 2006, is amended  to
read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to  the  contrary,  the  New  York
State Urban Development Corporation or the Dormitory Authority are here-
by authorized to issue bonds or notes in one or more series in an aggre-
gate  principal  amount  not  to  exceed [$2,318,000,000] $2,310,385,000
excluding bonds issued to finance  one  or  more  debt  service  reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to  refund or otherwise repay such bonds or notes previously issued, for
the purpose of making grants, loans or combination thereof for  economic
development projects; university development projects; homeland security
projects;  environmental  projects;  public  recreation projects; initi-
atives that promote academic research  and  development;  projects  that
improve  arts  and  cultural  facilities; initiatives, including but not
limited to, the  development  of  photovoltaic  technologies  and  other
research  and development regarding fuel diversification, energy conser-
vation and energy efficiency in the transportation  and  energy  sector;
for  a  competitive  solicitation for construction of a pilot cellulosic
ethanol refinery; Ohel Camp for the Disabled; United Way 2-1-1;  Cornell
University  Equine Drug Testing Lab; Pipeline for Jobs; Towns of Bristol
and Canandaigua Public Water System;  Smithtown/Kings  Park  Psychiatric
Center  Rehabilitation; Belleayre Mountain Ski Center; State of New York

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Umbilical Cord Blood Bank; Old Gore Mountain Ski Bowl Connection; Brent-
wood State Park Athletic Complex; Adirondack  Community  Housing  Trust;
Ogdensburg  Psychiatric Center; Fredonia Vineyard Laboratory; Renovation
of  Housing Facilities; or to reimburse state capital projects funds for
disbursements made  for  such  purposes  pursuant  to  an  appropriation
contained  in  a chapter of the laws of 2006. Eligible project costs may
include, but not be limited to the cost of design, site acquisition  and
preparation,  demolition,  construction,  rehabilitation, acquisition of
machinery and equipment, parking facilities,  and  infrastructure.  Such
bonds  and  notes  of such authorized issuers shall not be a debt of the
state, and the state shall not be liable  thereon,  nor  shall  they  be
payable  out  of any funds other than those appropriated by the state to
such authorized issuers for debt service and related  expenses  pursuant
to  any  service  contract  executed pursuant to subdivision (b) of this
section and such bonds and notes shall contain on  the  face  thereof  a
statement  to  such  effect.  Except  for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  S 57-d. Section 69-b of the state finance law, as amended  by  section
32-a  of part T of chapter 57 of the laws of 2007, is amended to read as
follows:
  S 69-b. Limitation on amount of variable rate debt instruments. As  of
the  initial date of each issuance of variable rate bonds or the date of
entering into any other variable rate  debt  instruments,  or  for  debt
issued on or before July first, two thousand five upon conversion of any
state-supported debt to variable rate debt instruments, the total of the
principal  and  notional  amounts of such variable rate debt instruments
outstanding and in effect shall not exceed an amount equal  to  [twenty]
FIFTEEN  percent  of  the total principal amount of state-supported debt
outstanding.
  S 57-e. Paragraph (c) of subdivision 2 of section 69-d  of  the  state
finance  law,  as  amended  by section 32 of part T of chapter 57 of the
laws of 2007, is amended to read as follows:
  (c) the total notional amount of all interest rate exchange or similar
agreements for all authorized issuers to be in effect shall  not  exceed
an  amount  equal  to  [twenty]  FIFTEEN  percent of the total amount of
state-supported debt outstanding as of the initial date of entering into
each new agreement; provided, however, that such total  notional  amount
shall not include any excluded agreements.
  S  58.  Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 44 to read as follows:
  S 44. 1. NOTWITHSTANDING THE  PROVISIONS  OF  ANY  OTHER  LAW  TO  THE
CONTRARY, THE DORMITORY AUTHORITY AND THE CORPORATION ARE HEREBY AUTHOR-
IZED  TO  ISSUE  BONDS OR NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF
FUNDING PROJECT COSTS FOR  THE  REGIONAL  ECONOMIC  DEVELOPMENT  COUNCIL
INITIATIVE,  THE  ECONOMIC  TRANSFORMATION PROGRAM AND OTHER STATE COSTS
ASSOCIATED WITH SUCH PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT  OF  BONDS
AUTHORIZED  TO  BE  ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED ONE
HUNDRED EIGHTY MILLION FIVE HUNDRED FIFTY  THOUSAND  DOLLARS,  EXCLUDING
BONDS  ISSUED  TO  FUND  ONE  OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY
COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED TO REFUND  OR
OTHERWISE  REPAY  SUCH  BONDS OR NOTES PREVIOUSLY ISSUED. SUCH BONDS AND
NOTES OF THE DORMITORY AUTHORITY AND THE CORPORATION SHALL NOT BE A DEBT
OF THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL  THEY
BE  PAYABLE  OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE STATE

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TO THE DORMITORY AUTHORITY AND THE CORPORATION FOR PRINCIPAL,  INTEREST,
AND  RELATED  EXPENSES PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND
NOTES SHALL CONTAIN ON THE FACE THEREOF  A  STATEMENT  TO  SUCH  EFFECT.
EXCEPT  FOR  PURPOSES  OF  COMPLYING WITH THE INTERNAL REVENUE CODE, ANY
INTEREST INCOME EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO  PAY  DEBT
SERVICE ON SUCH BONDS.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION IN UNDERTAK-
ING THE FINANCING FOR PROJECT COSTS FOR THE REGIONAL  ECONOMIC  DEVELOP-
MENT  COUNCIL  INITIATIVE, THE ECONOMIC TRANSFORMATION PROGRAM AND OTHER
STATE COSTS ASSOCIATED WITH SUCH PROJECTS, THE DIRECTOR OF THE BUDGET IS
HEREBY AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS  WITH  THE
DORMITORY  AUTHORITY  AND  THE  CORPORATION,  NONE OF WHICH SHALL EXCEED
THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR
OF THE BUDGET AND THE DORMITORY AUTHORITY AND THE CORPORATION AGREE,  SO
AS  TO  ANNUALLY PROVIDE TO THE DORMITORY AUTHORITY AND THE CORPORATION,
IN THE AGGREGATE, A SUM NOT  TO  EXCEED  THE  PRINCIPAL,  INTEREST,  AND
RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE CONTRACT
ENTERED  INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE OBLIGATION
OF THE STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT  CONSTITUTE  A
DEBT  OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY
PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO  THE  EXTENT  OF  MONIES
AVAILABLE  AND  THAT  NO LIABILITY SHALL BE INCURRED BY THE STATE BEYOND
THE MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO  ANNUAL  APPROPRIATION
BY  THE  LEGISLATURE.    ANY SUCH CONTRACT OR ANY PAYMENTS MADE OR TO BE
MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE  DORMITORY  AUTHORITY
AND  THE  CORPORATION AS SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED
BY THIS SECTION.
  S 58-a. Paragraph (a) of section 55 of part JJ of chapter  56  of  the
laws  of  2010,  relating to providing for the administration of certain
funds and accounts related to the 2010-2011 budget, is amended  to  read
as follows:
  (a) section forty-two of this act shall be deemed to have been in full
force and effect on and after April 1, [2008] 2007;
  S  59.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011;  provided
further  that  sections  one  through  fourteen-a  and sections eighteen
through twenty-eight of this act shall expire March 31, 2012, when  upon
such  date,  the  provisions  of such sections shall be deemed repealed;
provided further that the amendments to subdivision 5 of section  97-rrr
of  the  state finance law made by section sixteen of this act shall not
affect the expiration of such subdivision and  shall  expire  therewith;
and  provided  further  that  section forty-seven of this act shall take
effect on the same date as the reversion of  subdivision  5  of  section
3234  of  the public authorities law as provided in section 3 of chapter
48 of the laws of 2010, as  amended  and  shall  expire  and  be  deemed
repealed March 31, 2013.

                                 PART CC

  Section  1. Item 1 of clause (A) of subparagraph (ii) of paragraph (i)
of subdivision 1 of section 201 of  the  vehicle  and  traffic  law,  as
amended  by  section  2  of part E of chapter 60 of the laws of 2005, is
amended to read as follows:
  (1) fifty-five years where the conviction and suspension or revocation
order relates to a conviction, suspension or revocation by the holder OF

S. 2808--C                         125                        A. 4008--C

ANY DRIVER'S LICENSE WHEN  OPERATING  A  COMMERCIAL  MOTOR  VEHICLE,  AS
DEFINED  IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED ONE-A OF THIS CHAP-
TER, OR BY THE HOLDER of a commercial driver's license [who,] when oper-
ating  any  motor vehicle, WHO: has refused to submit to a chemical test
pursuant to section eleven hundred ninety-four of this chapter[,] or has
been convicted of any of the following  offenses  [while  operating  any
motor  vehicle]:  any  violation  of  subdivision  two, three or four of
section eleven hundred ninety-two of  this  chapter,  any  violation  of
subdivision one or two of section six hundred of this chapter, any felo-
ny  involving  the use of a motor vehicle, other than the use of a motor
vehicle in the commission of a felony involving manufacturing,  distrib-
uting,  dispensing a controlled substance; or the conviction, suspension
or revocation involves any of the following offenses while  operating  a
commercial  motor  vehicle:  any violation of subdivision five or six of
section eleven hundred ninety-two of this chapter, driving a  commercial
motor vehicle when as a result of prior violations committed while oper-
ating  a  commercial  motor  vehicle,  the  driver's commercial driver's
license is suspended or revoked, or has  been  convicted  of  causing  a
fatality  through the negligent operation of a commercial motor vehicle,
including but not limited to the crimes of  vehicular  manslaughter  and
criminally  negligent homicide as set forth in article one hundred twen-
ty-five of the penal law;
  S 2. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
amended  by  chapter  639  of  the  laws  of 2006, is amended to read as
follows:
  1. Application for license.  Application for a driver's license  shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking  of  a  photo image or images of the applicant in accordance with
rules and regulations prescribed by the commissioner. In  addition,  the
commissioner  also  shall  require that the applicant provide his or her
social security number and provide space on the application so that  the
applicant  may  register  in  the  New York state organ and tissue donor
registry under section forty-three hundred ten of the public health law.
In addition, an applicant for a commercial  driver's  license  who  will
operate  a commercial motor vehicle in interstate commerce shall certify
that such applicant meets the requirements to operate a commercial motor
vehicle, as set forth in public law 99-570, title XII, and title  49  of
the  code of federal regulations, and all regulations promulgated by the
United States secretary of transportation under the hazardous  materials
transportation  act. IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S
LICENSE SHALL SUBMIT A MEDICAL CERTIFICATE AT SUCH INTERVALS AS REQUIRED
BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT  OF  1999  AND  PART
383.71(H)  OF  TITLE  49  OF THE CODE OF FEDERAL REGULATIONS RELATING TO
MEDICAL CERTIFICATION AND IN A MANNER PRESCRIBED  BY  THE  COMMISSIONER.
FOR  PURPOSES  OF  THIS SECTION AND SECTIONS FIVE HUNDRED THREE AND FIVE
HUNDRED TEN-A OF THIS TITLE, THE TERM "MEDICAL CERTIFICATE" SHALL MEAN A
FORM SUBSTANTIALLY IN  COMPLIANCE  WITH  THE  FORM  SET  FORTH  IN  PART
391.43(H)  OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS. Upon a deter-
mination that the holder of a commercial driver's license has  made  any
false  statement,  with respect to the application for such license, the
commissioner shall revoke such license.

S. 2808--C                         126                        A. 4008--C

  S 3. Paragraph (b) of subdivision 1 of section 503 of the vehicle  and
traffic  law,  as amended by chapter 435 of the laws of 1997, is amended
to read as follows:
  (b)  An  application for a license shall be valid for a period of time
specified by regulation of the commissioner not to exceed five years.  A
learner's  permit  shall be valid from its issuance until the expiration
of the application for a driver's  license  for  which  it  was  issued.
PROVIDED,  HOWEVER, THAT IF THE MEDICAL CERTIFICATE SUBMITTED IN ACCORD-
ANCE WITH THE REQUIREMENTS OF THE FEDERAL MOTOR CARRIER SAFETY  IMPROVE-
MENT  ACT  OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL
REGULATIONS BY AN APPLICANT FOR A COMMERCIAL DRIVER'S  LICENSE  EXPIRES,
ANY  LEARNER'S  PERMIT  THAT MAY HAVE BEEN ISSUED BY THE COMMISSIONER IN
CONNECTION WITH THE APPLICATION SHALL BE SUSPENDED.
  S 4. Subdivision 1 of section 510-a of the vehicle and traffic law, as
amended by section 13 of part E of chapter 60 of the laws  of  2005,  is
amended to read as follows:
  1.   Revocation. A commercial driver's license shall be revoked by the
commissioner whenever the holder is convicted within or outside of  this
state  (a)  of  a  felony  involving the use of a motor vehicle except a
felony as described in paragraph (b) of this subdivision; (b) of a felo-
ny involving manufacturing, distributing or dispensing a drug as defined
in section one hundred fourteen-a of this chapter or possession  of  any
such  drug  with intent to manufacture, distribute or dispense such drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or two of section six hundred  of  this  chapter;  (d)  of  operating  a
commercial motor vehicle when, as a result of prior violations committed
while  operating  a  commercial  motor  vehicle, the driver's commercial
driver's license is revoked, suspended, or canceled, or  the  driver  is
disqualified  from  operating  a  commercial motor vehicle; (e) [or] has
been convicted of causing a fatality through the negligent operation  of
a  commercial  motor vehicle, including but not limited to the crimes of
vehicular manslaughter or criminally  negligent  homicide;  OR  (F)  THE
COMMISSIONER  DETERMINES  THAT  THE  HOLDER  HAS  MADE A FALSE STATEMENT
REGARDING INFORMATION: (I) REQUIRED BY THE FEDERAL MOTOR CARRIER  SAFETY
IMPROVEMENT  ACT  OF  1999  AND SUBPART J OF PART 383 OF TITLE 49 OF THE
CODE OF FEDERAL REGULATIONS RELATING TO A  COMMERCIAL  DRIVER'S  LICENSE
DOCUMENT  IN  AN  APPLICATION  FOR  A  COMMERCIAL DRIVER'S LICENSE; (II)
REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
PART 383.71 (A) AND (G) OF TITLE 49 OF THE CODE OF  FEDERAL  REGULATIONS
RELATING  TO  AN INITIAL COMMERCIAL DRIVER'S LICENSE OR EXISTING COMMER-
CIAL  DRIVER'S  LICENSE  HOLDER'S  SELF-CERTIFICATION  IN  ANY  OF   THE
SELF-CERTIFICATIONS  REGARDING  THE  TYPE  OF  DRIVING  ENGAGED OR TO BE
ENGAGED IN BY THE HOLDER OR REGARDING  THE  NON-APPLICABILITY    TO  THE
HOLDER  OF  THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE FEDERAL MOTOR
CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 391 OF TITLE 49  OF  THE
CODE  OF  FEDERAL  REGULATIONS RELATING TO QUALIFICATIONS OF DRIVERS; OR
(III) REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY  IMPROVEMENT  ACT  OF
1999  AND  PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS
RELATING TO COMMERCIAL DRIVER'S  LICENSE  REQUIREMENTS  IN  ANY  MEDICAL
CERTIFICATE.
  S  5.  Paragraph  (a) of subdivision 2 of section 510-a of the vehicle
and traffic law, as amended by section 6 of part K of chapter 59 of  the
laws of 2009, is amended to read as follows:
  (a) Except as otherwise provided in paragraph (b) of this subdivision,
where  revocation of a commercial driver's license is mandatory pursuant
to paragraph (a), (c), (d) [or], (e) OR (F) of subdivision one  of  this

S. 2808--C                         127                        A. 4008--C

section  no new commercial driver's license shall be issued for at least
one year nor thereafter except in the discretion  of  the  commissioner,
except  that  FOR REVOCATIONS PURSUANT TO PARAGRAPH (A), (C), (D) OR (E)
OF  SUBDIVISION  ONE OF THIS SECTION, if such person has previously been
found to have refused a chemical test pursuant to section eleven hundred
ninety-four of this chapter or has a prior  conviction  of  any  of  the
following  offenses:  any violation of section eleven hundred ninety-two
of this chapter, any violation of subdivision one or two of section  six
hundred  of  this  chapter,  or  any felony involving the use of a motor
vehicle pursuant to paragraph (a) of subdivision one of this section, or
has been convicted of operating a commercial motor vehicle  when,  as  a
result  of prior violations committed while operating a commercial motor
vehicle, the driver's commercial driver's license is revoked, suspended,
or canceled, or the driver is disqualified from operating  a  commercial
motor  vehicle,  or has been convicted of causing a fatality through the
negligent operation of a commercial motor  vehicle,  including  but  not
limited  to the crimes of vehicular manslaughter or criminally negligent
homicide, then such commercial  driver's  license  revocation  shall  be
permanent.
  S  6. Subdivision 3 of section 510-a of the vehicle and traffic law is
amended by adding a new paragraph (f) to read as follows:
  (F) A COMMERCIAL DRIVER'S LICENSE SHALL BE SUSPENDED  BY  THE  COMMIS-
SIONER  UPON  THE  HOLDER'S  FAILURE  TO SUBMIT A MEDICAL CERTIFICATE OR
MEDICAL VARIANCE DOCUMENTATION, AT SUCH INTERVALS AS ARE REQUIRED BY THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART  383.71(H)
OF  TITLE  49  OF THE CODE OF FEDERAL REGULATIONS RELATING TO COMMERCIAL
DRIVER'S LICENSE REQUIREMENTS AND IN A MANNER PRESCRIBED BY THE  COMMIS-
SIONER.  A  COMMERCIAL  DRIVER'S  LICENSE SHALL ALSO BE SUSPENDED BY THE
COMMISSIONER UPON RECEIPT OF INFORMATION FROM THE ISSUING MEDICAL  EXAM-
INER  OR  THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION THAT A MEDICAL
CERTIFICATION OR MEDICAL VARIANCE WAS ISSUED IN ERROR.  SUCH  SUSPENSION
SHALL  BE  TERMINATED  UPON: (I) THE HOLDER'S SUBMISSION OF THE REQUIRED
VALID MEDICAL CERTIFICATE OR MEDICAL VARIANCE  DOCUMENTATION;  (II)  THE
HOLDER'S  SELF-CERTIFICATION  SPECIFYING  THE  TYPE  OF COMMERCIAL MOTOR
VEHICLE OPERATION HE OR SHE ENGAGES IN, OR EXPECTS  TO  ENGAGE  IN,  AND
THAT  THE  HOLDER  IS NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIRE-
MENTS OF THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT  OF  1999  AND
PART  391  OF  TITLE  49  OF THE CODE OF FEDERAL REGULATIONS RELATING TO
QUALIFICATIONS OF DRIVERS; (III) THE HOLDER'S SURRENDER OF  HIS  OR  HER
COMMERCIAL  DRIVER'S  LICENSE  TO  THE  DEPARTMENT OR TO THE APPROPRIATE
LICENSING AUTHORITY OF ANOTHER JURISDICTION; OR (IV) THE HOLDER'S  DOWN-
GRADE  OF  HIS  OR  HER  COMMERCIAL DRIVER'S LICENSE TO A NON-COMMERCIAL
DRIVER'S LICENSE.
  S 7. Subdivision 1 of section 514 of the vehicle and  traffic  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A), (B) AND (C) OF
THIS SUBDIVISION, UPON A JUDGMENT OF CONVICTION FOR A VIOLATION  OF  ANY
PROVISIONS OF THIS CHAPTER OR OF ANY LOCAL LAW, RULE, ORDINANCE OR REGU-
LATION  RELATING  TO TRAFFIC (EXCEPT ONE RELATED TO PARKING, STOPPING OR
STANDING), THE COURT OR THE CLERK THEREOF SHALL, WITHIN NINETY-SIX HOURS
OF THE IMPOSITION OF THE SENTENCE,  FILE  THE  CERTIFICATE  REQUIRED  BY
PARAGRAPH  (A)  OF THIS SUBDIVISION, IF THE PERSON CONVICTED: (I) IS THE
HOLDER OF A COMMERCIAL DRIVER'S LICENSE ISSUED BY ANOTHER STATE; OR (II)
DOES NOT HOLD A COMMERCIAL DRIVER'S  LICENSE,  BUT  HAS  BEEN  ISSUED  A
LICENSE  BY  ANOTHER  STATE  AND  IS  CONVICTED  OF A VIOLATION THAT WAS

S. 2808--C                         128                        A. 4008--C

COMMITTED IN A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION  FOUR
OF SECTION FIVE HUNDRED ONE-A OF THIS TITLE.
  S 8. Section 170.55 of the criminal procedure law is amended by adding
a new subdivision 9 to read as follows:
  9.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS SECTION, A COURT MAY
NOT ISSUE AN ORDER ADJOURNING AN ACTION IN CONTEMPLATION OF DISMISSAL IF
THE OFFENSE IS FOR A VIOLATION OF THE VEHICLE AND TRAFFIC LAW RELATED TO
THE OPERATION OF A MOTOR VEHICLE (EXCEPT ONE RELATED TO  PARKING,  STOP-
PING  OR  STANDING),  OR  A  VIOLATION OF A LOCAL LAW, RULE OR ORDINANCE
RELATED TO THE   OPERATION OF A MOTOR VEHICLE  (EXCEPT  ONE  RELATED  TO
PARKING,  STOPPING  OR  STANDING),  IF SUCH OFFENSE WAS COMMITTED BY THE
HOLDER OF A COMMERCIAL DRIVER'S LICENSE OR WAS COMMITTED IN A COMMERCIAL
MOTOR VEHICLE, AS DEFINED IN SUBDIVISION FOUR OF  SECTION  FIVE  HUNDRED
ONE-A OF THE VEHICLE AND TRAFFIC LAW.
  S  9.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that sections  two,  three,  four,
five  and  six of this act shall take effect January 30, 2012, provided,
however, that the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this  act  on  its  effective
date  are  authorized and directed to be made and completed on or before
such effective date.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through CC of this act shall be
as specifically set forth in the last section of such Parts.

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

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

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

                            February 1, 2011
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- ordered to a third reading, amended  and  ordered
  reprinted, retaining its place in the order of third reading

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee  on  Ways  and  Means -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee --  again  reported  from
  said  committee  with  amendments,  ordered  reprinted  as amended and
  recommitted to said committee -- amended on the special order of third
  reading, ordered reprinted as amended,  retaining  its  place  on  the
  special order of third reading

AN  ACT  to  amend the education law, in relation to contracts of excel-
  lence, library funding, reimbursement of school districts,  apportion-
  ment  of  school aid, building aid, foundation aid base, apportionment
  of school aid and of  current  year  approved  expenditures  for  debt
  service,  apportionment  of  transportation  aid, academic enhancement
  aid, high tax aid, Medicaid reimbursement, gap elimination adjustment,
  small government assistance, maximum class size; to  amend  the  state
  finance  law,  in  relation to base grant; to amend chapter 756 of the
  laws of 1992 relating to funding a program for  work  force  education
  conducted  by the consortium for worker education in New York city, in
  relation to apportionment and reimbursement; to amend chapter  169  of
  the laws of 1994 relating to certain provisions related to the 1994-95
  state operations, aid to localities, capital projects and debt service
  budgets,  chapter  82  of the laws of 1995, amending the education law
  and certain other laws relating to state aid to school  districts  and
  the  appropriation of funds for the support of government, chapter 386
  of the laws of 1996 amending the education law relating  to  providing

              

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

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

  for  a waiver allowing state aid in certain circumstances, chapter 472
  of the laws of 1998 amending the education law relating to  the  lease
  of  school  buses by school districts, chapter 147 of the laws of 2001
  amending  the  education  law  relating  to conditional appointment of
  school district, charter school or BOCES employees, chapter 425 of the
  laws of 2002 amending the education law relating to the  provision  of
  supplemental  educational services, attendance at a safe public school
  and the suspension of pupils who bring  a  firearm  to  or  possess  a
  firearm  at  a  school,  chapter  101 of the laws of 2003 amending the
  education law relating to implementation of the No Child  Left  Behind
  Act of 2001, in relation to school aid and extending the expiration of
  certain  provisions  of such chapters; to amend chapter 57 of the laws
  of 2004, relating to support of education, in  relation  to  extending
  the  provisions  thereof;  to  amend  the  general  municipal  law, in
  relation to the employee benefit accrued liability  reserve  fund;  in
  relation  to school bus driver training; in relation to the support of
  public  libraries;  to  provide  special  apportionment   for   salary
  expenses;   to   provide  special  apportionment  for  public  pension
  expenses; in relation to suballocation of certain education department
  accruals; in relation to purchases by  the  city  school  district  of
  Rochester;  and  providing  for  the repeal of certain provisions upon
  expiration thereof (Part A); to amend the education law,  in  relation
  to expenses for textbooks, school library materials, software programs
  and  computer  equipment  (Part  A-1);  to amend the education law, in
  relation to the school district management efficiency  awards  program
  and  school district performance improvement awards grant (Part B); to
  amend the state finance law, in relation to the former New York  State
  Theatre Institute; to transfer all the rights and property held by the
  former  New  York  State  Theatre  Institute  to the office of general
  services and to authorize the  commissioner  of  general  services  to
  transfer  all  the property that was part of the former New York State
  Theatre Institute to the Sage Colleges; and to repeal article 9 of the
  arts and cultural affairs law, section 97-u of the state  finance  law
  and  certain  provisions  of  the  public officers law relating to the
  former New York State Theatre Institute (Part C); to amend the  educa-
  tion  law,  in  relation to capital facilities in support of the state
  university and community colleges; and providing  for  the  repeal  of
  such  provisions  upon  expiration  thereof  (Subpart A); to amend the
  education law, in relation to procurement in support of the state  and
  city  universities;  and  providing  for the repeal of such provisions
  upon expiration thereof (Subpart B); and to amend the  education  law,
  in  relation to state university health care facilities; and providing
  for the repeal of such provisions upon expiration thereof (Subpart  C)
  (Part  D);  to amend the education law, in relation to tuition assist-
  ance program award determinations (Part E);  to  amend  the  education
  law,  in  relation  to  income  as a determinate of tuition assistance
  awards  (Part  F);  to  amend  the  education  law,  in  relation   to
  restrictions    on  eligibility  to  receive  awards and loans; and to
  repeal certain provisions of such law relating thereto  (Part  G);  to
  amend  the  education  law,  in relation to tuition assistance program
  awards (Part H); to amend the  education  law,  in  relation  to  good
  academic  standing  requirements (Part I); to amend the education law,
  in relation to tuition assistance program awards for  graduate  school
  students; and to repeal certain provisions of such law relating there-
  to  (Part  J);  to  amend chapter 31 of the laws of 1985, amending the
  education law relating to regents scholarships in certain professions,

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

  in relation to the physician loan forgiveness  program  (Part  K);  to
  amend chapter 57 of the laws of 2005 amending the education law relat-
  ing  to  the New York state nursing faculty loan forgiveness incentive
  program and the New York state nursing faculty scholarship program, in
  relation  to  the effectiveness thereof (Part L); to amend chapter 161
  of the laws of 2005, amending the education law and other laws  relat-
  ing  to the social worker loan forgiveness program, in relation to the
  effectiveness thereof (Part M); to amend the real property tax law and
  the tax law, in relation to containing the cost of  the  STAR  program
  and   allowing  the  renunciation  of  STAR  and  other  property  tax
  exemptions (Part N); to amend the education law, in relation to  main-
  tenance  costs  for students with disabilities placed in a residential
  school under article 89 of the education law; and to amend the  social
  services law, in relation to expenditures by social services districts
  for  children  in  residential schools (Part O); Intentionally omitted
  (Part P); to authorize the commissioner of the office of children  and
  family  services  to  close certain facilities and to make other deci-
  sions necessary for the  cost-effective  and  efficient  operation  of
  facilities  operated  by  the  office; and providing for the repeal of
  certain provisions upon expiration thereof (Subpart A); and  to  amend
  the  executive  law, the family court act and the social services law,
  in relation to funding and utilization of juvenile detention and fund-
  ing for supervision and treatment services; and to repeal subdivisions
  7 and 8 of section 530 of the executive law, relating to state  opera-
  tion  of  juvenile  detention  and  approval of new juvenile detention
  capacity; (Subpart B) (Part Q); to amend the social services  law,  in
  relation  to the fee charged for clearances from the statewide central
  register of child abuse or maltreatment (Part R); to amend the  social
  services  law, in relation to increasing the standards of monthly need
  for aged, blind and disabled persons (Part S);  Intentionally  omitted
  (Part  T); to amend the social services law, in relation to the stand-
  ards of monthly need for persons in receipt of public assistance (Part
  U); Intentionally omitted (Part V); to amend chapter 62 of the laws of
  2003 amending the state finance law and other laws relating to author-
  izing and directing the state comptroller to  loan  money  to  certain
  funds  and  accounts, in relation to extending the interest assessment
  surcharge fund (Part W) to amend part NN of chapter 57 of the laws  of
  2008  relating  to  authorizing  the New York state mortgage agency to
  transfer certain moneys, in relation to the use of surplus funds  from
  the greater Catskills flood remediation program (Part X); to amend the
  executive  law,  in  relation  to directing the office of children and
  family services to annually provide, to the  legislative  leaders  and
  social  services  districts,  a  detailed report on the total cost and
  operating capacity of its juvenile facilities (Part Y); to  amend  the
  education  law,  in  relation  to eligibility requirements for student
  financial aid (Part Z); to amend part A of a chapter of  the  laws  of
  2011  relating  to  constituting chapter 18-A of the consolidated laws
  relating to  financial  services,  as  proposed  in  legislative  bill
  numbers  S.2812-C  and  A.4012-C,  in relation to the effectiveness of
  certain provisions thereof (Part AA);  to  provide  for  the  adminis-
  tration of certain funds and accounts related to the 2011-2012 budget;
  to  authorize  certain  payments  and  transfers;  to  amend the state
  finance law, in relation to the school tax relief fund; to  amend  the
  state finance law, in relation to the issuance of revenue bonds and in
  relation to mental health service facilities financing; to amend chap-
  ter  57  of  the  laws  of  2008,  providing for the administration of

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

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

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

  purpose of funding project costs  for  regional  economic  development
  council  initiatives,  communities impacted by the closure of New York
  state prison and correctional facilities and other states' costs asso-
  ciated  with such projects; to amend part JJ of chapter 56 of the laws
  of 2010, relating to providing for the administration of certain funds
  and accounts related to the  2010-2011  budget,  in  relation  to  the
  effectiveness  thereof;  and  providing  for  the  repeal  of  certain
  provisions upon expiration thereof (Part BB); and to amend the vehicle
  and traffic law and the criminal procedure law, in relation to govern-
  ing operators of commercial motor vehicles  and  federal  requirements
  for medical certification pertaining to such operators (Part CC)

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

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

                                 PART A

  Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as added by section 2-a of part A of chapter 57 of the laws of
2009, is amended to read as follows:
  e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
district that submitted a contract for excellence for the  two  thousand
eight--two  thousand nine school year shall submit a contract for excel-
lence for the  two  thousand  nine--two  thousand  ten  school  year  in
conformity  with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the  district  are
identified  as  in  good  standing  AND  PROVIDED FURTHER THAT, A SCHOOL
DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE  TWO  THOUSAND
NINE--TWO  THOUSAND  TEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT
ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT  FOR  EXCEL-
LENCE FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR WHICH
SHALL,  NOTWITHSTANDING  THE  REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARA-
GRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE  EXPENDITURE
OF  AN  AMOUNT  WHICH  SHALL  BE NOT LESS THAN THE PRODUCT OF THE AMOUNT
APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE  TWO
THOUSAND   NINE--TWO   THOUSAND  TEN  SCHOOL  YEAR,  MULTIPLIED  BY  THE
DISTRICT'S GAP ELIMINATION ADJUSTMENT PERCENTAGE. FOR PURPOSES  OF  THIS
PARAGRAPH,  THE  "GAP ELIMINATION ADJUSTMENT PERCENTAGE" SHALL BE CALCU-
LATED AS THE SUM OF ONE MINUS THE QUOTIENT OF  THE  SUM  OF  THE  SCHOOL
DISTRICT'S  NET  GAP  ELIMINATION  ADJUSTMENT  FOR TWO THOUSAND TEN--TWO
THOUSAND ELEVEN COMPUTED PURSUANT TO CHAPTER FIFTY-THREE OF THE LAWS  OF
TWO  THOUSAND  TEN, MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT,
PLUS THE SCHOOL DISTRICT'S GAP ELIMINATION ADJUSTMENT FOR  TWO  THOUSAND

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

ELEVEN--TWO  THOUSAND  TWELVE  AS  COMPUTED PURSUANT TO A CHAPTER OF THE
LAWS OF TWO THOUSAND ELEVEN, MAKING APPROPRIATIONS FOR  THE  SUPPORT  OF
THE  LOCAL  ASSISTANCE BUDGET, INCLUDING SUPPORT FOR GENERAL SUPPORT FOR
PUBLIC  SCHOOLS, DIVIDED BY THE TOTAL AID FOR ADJUSTMENT COMPUTED PURSU-
ANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND  ELEVEN,  MAKING  APPROPRI-
ATIONS  FOR  THE  LOCAL ASSISTANCE BUDGET, INCLUDING SUPPORT FOR GENERAL
SUPPORT FOR PUBLIC SCHOOLS.  PROVIDED, FURTHER, THAT SUCH  AMOUNT  SHALL
BE  EXPENDED  TO  SUPPORT AND MAINTAIN ALLOWABLE PROGRAMS AND ACTIVITIES
APPROVED IN THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL  YEAR  OR  TO
SUPPORT NEW OR EXPANDED ALLOWABLE PROGRAMS AND ACTIVITIES IN THE CURRENT
YEAR.
  S  2.  Subparagraph  (vii)  of paragraph a of subdivision 2 of section
211-d of the education law, as added by section 3 of part A  of  chapter
57 of the laws of 2009, is amended to read as follows:
  (vii)  (A)  Notwithstanding any other provision of this section to the
contrary, a school district that submitted a contract for excellence for
the two thousand seven--two thousand eight school year and the two thou-
sand eight--two thousand nine school year and is required  to  submit  a
contract  for  excellence  for  the  two thousand nine--two thousand ten
school year but did not fully expend all of its two thousand  seven--two
thousand  eight  foundation  aid  subject to the contract for excellence
restrictions during the two thousand seven--two  thousand  eight  school
year  may  re-allocate  and  expend such unexpended funds during the two
thousand eight--two thousand nine and two  thousand  nine--two  thousand
ten  school  years  for  allowable  contract for excellence programs and
activities as defined in subdivision three of this section in  a  manner
prescribed  by the commissioner. For purposes of determining maintenance
of effort pursuant to subparagraph (vi) of this paragraph  for  the  two
thousand  eight--two  thousand nine school year, funds expended pursuant
to this subparagraph shall be included  in  the  total  budgeted  amount
approved  by  the commissioner in the district's contract for excellence
for the two thousand seven--two thousand  eight  school  year;  provided
that  such  amount  shall  not  be counted more than once in determining
maintenance of effort for the two thousand nine--two thousand ten school
year or thereafter.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
RY, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE  FOR  THE
TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR BUT DID NOT FULLY EXPEND
ALL OF ITS TWO THOUSAND NINE--TWO THOUSAND TEN FOUNDATION AID SUBJECT TO
THE  CONTRACT  FOR  EXCELLENCE  RESTRICTIONS  DURING  THE  TWO  THOUSAND
NINE--TWO THOUSAND TEN SCHOOL YEAR MAY RE-ALLOCATE AND EXPEND SUCH UNEX-
PENDED FUNDS DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE  SCHOOL
YEAR  FOR  ALLOWABLE  CONTRACT FOR EXCELLENCE PROGRAMS AND ACTIVITIES AS
DEFINED IN SUBDIVISION THREE OF THIS SECTION IN A MANNER  PRESCRIBED  BY
THE  COMMISSIONER;  PROVIDED  THAT SUCH AMOUNT SHALL NOT BE COUNTED MORE
THAN ONCE IN DETERMINING ANY MAINTENANCE  OF  EFFORT  PURSUANT  TO  THIS
SECTION.
  S 3. Subdivision 12 of section 273 of the education law, as amended by
section 1 of part A of chapter 2 of the laws of 2011, is amended to read
as follows:
  12.  The  commissioner is hereby authorized to expend [in state fiscal
year two thousand six--two thousand seven three million dollars  and  in
state  fiscal  year two thousand seven--two thousand eight eight million
dollars and in state fiscal year two thousand eight--two  thousand  nine
seven  million  nine  hundred forty thousand dollars and in state fiscal
year two thousand nine--two thousand ten eight million  dollars  and  in

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

state  fiscal  year  two thousand ten--two thousand eleven eight million
dollars subject to an appropriation] FUNDS ANNUALLY for  formula  grants
to  public  library  systems,  reference  and research library resources
systems,  and school library systems operating under an approved plan of
service. Such formula grants shall be provided for the period commencing
July first and ending on June thirtieth  next  following.  Such  formula
grants will be distributed in the following manner:
  a.  Each  public  library  system established pursuant to sections two
hundred fifty-five and two hundred seventy-two of this part and  operat-
ing  under  a  plan  approved by the commissioner is entitled to receive
ANNUALLY thirty-nine thousand dollars and an amount  equal  to  ten  and
ninety-four  hundredths  percent of the amount of state aid received for
the current year by such system under paragraphs a, c, d,  e  and  n  of
subdivision  one of this section [for the two thousand ten--two thousand
eleven state fiscal year];
  b. Each reference and research library  resources  system  established
pursuant  to  section two hundred seventy-two of this part and operating
under a plan approved by the commissioner is entitled to receive ANNUAL-
LY thirty-nine thousand dollars and an amount equal to ten  and  ninety-
four  hundredths  percent  of  the  amount of state aid received for the
current year under paragraph a of subdivision four of this section  [for
the two thousand ten--two thousand eleven state fiscal year]; and
  c.  Each  school  library  system  established pursuant to section two
hundred eighty-two of this part and operating under a plan  approved  by
the  commissioner  is  entitled to receive ANNUALLY thirty-nine thousand
dollars and an amount equal to ten and ninety-four hundredths percent of
the amount of state aid received for the current  year  by  such  system
under  paragraphs  a, b, c, d, e and f of subdivision one of section two
hundred eighty-four of this part [for the two thousand ten--two thousand
eleven state fiscal year].
  S 4. Intentionally omitted.
  S 5. Intentionally omitted.
  S 6. Intentionally omitted.
  S 7. Intentionally omitted.
  S 8. Intentionally omitted.
  S 9. Intentionally omitted.
  S 10. Intentionally omitted.
  S 11. Intentionally omitted.
  S 12. Intentionally omitted.
  S 13. Intentionally omitted.
  S 14. Intentionally omitted.
  S 15. Intentionally omitted.
  S 16. Intentionally omitted.
  S 17. Intentionally omitted.
  S 18. Intentionally omitted.
  S 19. Intentionally omitted.
  S 20. Intentionally omitted.
  S 21. Paragraph (a) of subdivision 1 of section 2856 of the  education
law,  as  amended  by  section 12 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
  (a) The enrollment of students  attending  charter  schools  shall  be
included  in  the enrollment, attendance, membership and, if applicable,
count of students with disabilities of the school district in which  the
pupil  resides.  The  charter  school  shall report all such data to the
school districts of residence in a timely manner. Each  school  district
shall  report  such  enrollment,  attendance  and count of students with

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

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

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

  (B)  The school district shall also pay directly to the charter school
any federal or state aid attributable to a  student  with  a  disability
attending charter school in proportion to the level of services for such
student  with  a disability that the charter school provides directly or
indirectly.  Notwithstanding  anything  in this section to the contrary,
amounts payable pursuant to this subdivision may be reduced pursuant  to
an  agreement between the school and the charter entity set forth in the
charter. Payments made pursuant to this subdivision shall be made by the
school district in six substantially equal installments each year begin-
ning on the first business day of July and every two months  thereafter.
Amounts  payable  under  this  subdivision  shall  be  determined by the
commissioner. Amounts payable to a charter school in its first  year  of
operation  shall  be based on the projections of initial-year enrollment
set forth in the charter. Such projections shall be reconciled with  the
actual  enrollment  at  the end of the school's first year of operation,
and any necessary adjustments shall  be  made  to  payments  during  the
school's second year of operation.
  S 23. Intentionally omitted.
  S 24. Intentionally omitted.
  S  25.  Paragraphs  p  and  q  of subdivision 1 of section 3602 of the
education law, as amended by section 11 of part B of chapter 57  of  the
laws  of  2007, subparagraph (i) of paragraph q as amended by section 11
of part B of chapter 5 of the laws of 2008, are amended  and  seven  new
paragraphs aa, bb, cc, dd, ee, ff and gg are added to read as follows:
  p.  (I) "Percent of eligible applicants for the free and reduced price
lunch program" shall mean the quotient of
  [(i)] (A)   the number of pupils in  kindergarten  through  grade  six
attending  the  public  schools of the district who have applications on
file or who are listed on a direct certification letter confirming their
eligibility for participation in the state and federally funded free and
reduced price school lunch program on the date enrollment was counted in
accordance with this subdivision for the year prior to  the  base  year,
divided by
  [(ii)] (B) the number of pupils in kindergarten through grade six on a
regular  enrollment  register  of  a  public school district on the date
enrollment was counted in accordance with this subdivision for the  year
prior  to the base year, computed to four decimals without rounding, and
multiplied by one hundred to be expressed as a percent to two  decimals.
For  central high school districts, such percent shall be computed using
the sum of the eligible  applicants  and  enrollment  of  the  component
districts of the central high school district.
  (II)  "THREE-YEAR  AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT" SHALL
MEAN THE QUOTIENT OF (A) THE SUM OF THE NUMBER OF PUPILS IN KINDERGARTEN
THROUGH GRADE SIX ATTENDING THE PUBLIC SCHOOLS OF THE DISTRICT WHO  HAVE
APPLICATIONS  ON FILE OR WHO ARE LISTED ON A DIRECT CERTIFICATION LETTER
CONFIRMING THEIR ELIGIBILITY FOR PARTICIPATION IN THE STATE  AND  FEDER-
ALLY  FUNDED FREE AND REDUCED PRICE LUNCH PROGRAM ON THE DATE ENROLLMENT
WAS COUNTED IN ACCORDANCE WITH THIS SUBDIVISION FOR THE  YEAR  PRIOR  TO
THE  BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE APPLICANTS FOR THE FREE AND
REDUCED PRICE LUNCH PROGRAM COMPUTED FOR THE YEAR TWO YEARS PRIOR TO THE
BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE  APPLICANTS  FOR  THE  FREE  AND
REDUCED  PRICE  LUNCH PROGRAM COMPUTED FOR THE YEAR THREE YEARS PRIOR TO
THE BASE YEAR, DIVIDED BY (B) THE SUM OF THE NUMBER OF PUPILS IN KINDER-
GARTEN THROUGH GRADE SIX ON A REGULAR ENROLLMENT REGISTER  OF  A  PUBLIC
SCHOOL  DISTRICT  ON  THE DATE ENROLLMENT WAS COUNTED IN ACCORDANCE WITH
THIS SUBDIVISION FOR THE YEAR PRIOR TO THE BASE YEAR, PLUS  SUCH  NUMBER

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

OF  PUPILS  IN  KINDERGARTEN  THROUGH  GRADE SIX ON A REGULAR ENROLLMENT
REGISTER OF A PUBLIC SCHOOL DISTRICT COMPUTED FOR  THE  YEAR  TWO  YEARS
PRIOR  TO  THE  BASE  YEAR,  PLUS  SUCH NUMBER OF PUPILS IN KINDERGARTEN
THROUGH  GRADE  SIX  ON A REGULAR ENROLLMENT REGISTER OF A PUBLIC SCHOOL
DISTRICT COMPUTED FOR THE YEAR THREE YEARS PRIOR TO THE BASE YEAR.
  q. "Poverty count" shall mean the sum of  the  product  of  the  lunch
count  multiplied  by sixty-five percent, plus the product of the census
count multiplied by sixty-five percent, where:
  (i) "Lunch count" shall mean the product of the public school  enroll-
ment  of  the  school  district  on  the  date enrollment was counted in
accordance with this subdivision for the base year  multiplied  by  [the
quotient  of (A) the sum of the number of pupils in kindergarten through
grade six attending the public schools of the district who have applica-
tions on file or  who  are  listed  on  a  direct  certification  letter
confirming  their  eligibility for participation in the state and feder-
ally funded free and reduced price lunch program on the date  enrollment
was  counted  in  accordance with this subdivision for the year prior to
the base year, plus such number of eligible applicants for the free  and
reduced price lunch program computed for the year two years prior to the
base  year,  plus  such  number  of eligible applicants for the free and
reduced price lunch program computed for the year three years  prior  to
the base year, divided by (B) the sum of the number of pupils in kinder-
garten  through  grade  six on a regular enrollment register of a public
school district on the date enrollment was counted  in  accordance  with
this  subdivision  for the year prior to the base year, plus such number
of pupils in kindergarten through grade  six  on  a  regular  enrollment
register  of  a  public  school district computed for the year two years
prior to the base year, plus  such  number  of  pupils  in  kindergarten
through  grade  six  on a regular enrollment register of a public school
district computed for the year three years prior to the base  year]  THE
THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT; and
  (ii)  "Census  count"  shall  mean  the  product  of the public school
enrollment of the school district on the date enrollment was counted  in
accordance  with  this  subdivision  for the base year multiplied by the
quotient of the number of persons aged  five  to  seventeen  within  the
school  district, based on the most recent decennial census as tabulated
by the National Center on Education Statistics,  who  were  enrolled  in
public  schools  and whose families had incomes below the poverty level,
divided by the total number of persons aged five to seventeen within the
school district, based on such decennial census, who  were  enrolled  in
public schools, computed to four decimals without rounding.
  AA.    "TOTAL  PERSONAL  INCOME  OF  THE  STATE"  SHALL MEAN THE TOTAL
PERSONAL INCOME OF THE STATE OF NEW YORK  AS  PUBLISHED  BY  THE  UNITED
STATES  DEPARTMENT OF COMMERCE OR ANY SUCCESSOR AGENCY FROM WHICH INFOR-
MATION IS AVAILABLE, AGGREGATED ON A STATE FISCAL YEAR  BASIS.  FOR  THE
TWO  THOUSAND  TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR, SUCH PERSONAL
INCOME SHALL BE BASED ON THE DATA AVAILABLE MOST PROXIMATE AND PRIOR  TO
FEBRUARY  FIRST, TWO THOUSAND ELEVEN, AND FOR THE TWO THOUSAND THIRTEEN-
-TWO THOUSAND FOURTEEN SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, SUCH
PERSONAL INCOME SHALL BE BASED ON THE DATA AVAILABLE MOST PROXIMATE  AND
PRIOR  TO OCTOBER THIRTY-FIRST OF THE BASE YEAR. SUBSEQUENT REVISIONS OF
THE PUBLISHED ESTIMATED DOLLAR AMOUNT FOR ANY STATE FISCAL YEAR ESTIMATE
EMPLOYED PURSUANT TO THE TERMS OF THIS  SECTION  SHALL  NOT  AFFECT  THE
VALIDITY OF THE DETERMINATIONS MADE FOR ANY STATE FISCAL YEAR.
  BB. "PERSONAL INCOME GROWTH INDEX" SHALL MEAN (1) FOR THE TWO THOUSAND
TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR, THE AVERAGE OF THE QUOTIENTS

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

FOR EACH YEAR IN THE PERIOD COMMENCING WITH THE TWO  THOUSAND  FIVE--TWO
THOUSAND  SIX  STATE  FISCAL  YEAR  AND  FINISHING WITH THE TWO THOUSAND
NINE--TWO THOUSAND TEN STATE FISCAL YEAR OF THE TOTAL PERSONAL INCOME OF
THE STATE FOR EACH SUCH YEAR DIVIDED BY THE TOTAL PERSONAL INCOME OF THE
STATE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, BUT NOT LESS THAN
ONE  AND (2) FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL
YEAR AND EACH SCHOOL YEAR THEREAFTER, THE QUOTIENT OF THE TOTAL PERSONAL
INCOME OF THE STATE FOR THE STATE FISCAL YEAR  ONE  YEAR  PRIOR  TO  THE
STATE  FISCAL YEAR IN WHICH THE BASE YEAR COMMENCED DIVIDED BY THE TOTAL
PERSONAL INCOME OF THE STATE FOR THE IMMEDIATELY PRECEDING STATE  FISCAL
YEAR, BUT NOT LESS THAN ONE.
  CC. "GAP ELIMINATION ADJUSTMENT PERCENTAGE" SHALL MEAN THE QUOTIENT OF
THE GAP ELIMINATION ADJUSTMENT AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT
AS  "GAP  ELIMINATION  ADJUSTMENT"  UNDER THE HEADING "2011-12 ESTIMATED
AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND ELEVEN--TWO  THOUSAND
TWELVE  SCHOOL  YEAR  AND  ENTITLED  "SA111-2", DIVIDED BY THE STATEWIDE
TOTAL OF ALL SUCH GAP ELIMINATION ADJUSTMENT AMOUNTS SET FORTH  FOR  ALL
DISTRICTS IN SUCH SCHOOL AID COMPUTER LISTING.
  DD.  "ALLOWABLE  GROWTH AMOUNT" SHALL MEAN THE PRODUCT OF THE POSITIVE
DIFFERENCE OF THE PERSONAL INCOME GROWTH INDEX MINUS ONE, MULTIPLIED  BY
THE STATEWIDE TOTAL OF THE APPORTIONMENTS, INCLUDING THE GAP ELIMINATION
ADJUSTMENT, DUE AND OWING DURING THE BASE YEAR, COMMENCING WITH THE BASE
YEAR  COMPUTED FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR, TO SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
FROM THE GENERAL SUPPORT FOR PUBLIC SCHOOLS  AS  COMPUTED  BASED  ON  AN
ELECTRONIC  DATA  FILE  USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED  BUDGET  FOR  THE
BASE YEAR.
  EE.   "COMPETITIVE   AWARDS  AMOUNT"  SHALL  MEAN,  FOR  TWO  THOUSAND
TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR, FIFTY MILLION  DOLLARS,
AND FOR TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND THEREAFTER, THE
PRODUCT  OF THE PERSONAL INCOME GROWTH INDEX MULTIPLIED BY THE BASE YEAR
COMPETITIVE AWARDS AMOUNT.
  FF. "PRELIMINARY GROWTH AMOUNT" SHALL MEAN THE DIFFERENCE BETWEEN  THE
STATEWIDE  TOTAL,  EXCLUDING  THE  APPORTIONMENTS  COMPUTED  PURSUANT TO
SUBDIVISIONS FOUR AND SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THE
EDUCATION LAW, OF THE APPORTIONMENTS DUE AND OWING  DURING  THE  CURRENT
SCHOOL YEAR, COMMENCING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIR-
TEEN  SCHOOL  YEAR, TO SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCA-
TIONAL SERVICES FROM THE GENERAL SUPPORT FOR PUBLIC SCHOOLS AS  COMPUTED
BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET
FOR THE CURRENT YEAR, LESS THE STATEWIDE TOTAL OF  SUCH  APPORTIONMENTS,
EXCLUDING  THE APPORTIONMENTS COMPUTED PURSUANT TO SUBDIVISIONS FOUR AND
SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THE  EDUCATION  LAW,  DUE
AND  OWING DURING THE BASE SCHOOL YEAR TO SCHOOL DISTRICTS AND BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES FROM THE  GENERAL  SUPPORT  FOR  PUBLIC
SCHOOLS AS COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE
SCHOOL  AID  COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
THE ENACTED BUDGET FOR THE CURRENT YEAR.
  GG. "ALLOCABLE GROWTH AMOUNT" SHALL MEAN THE POSITIVE  DIFFERENCE,  IF
ANY,  OF  THE  ALLOWABLE  GROWTH  AMOUNT LESS THE SUM OF THE COMPETITIVE
AWARDS AMOUNT PLUS THE PRELIMINARY GROWTH AMOUNT.
  S 26. Subdivision 4 of section 3602 of the education law,  as  amended
by  section  14 of part B of chapter 57 of the laws of 2008, the opening

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

paragraph, subparagraph 1 of paragraph a and paragraphs  b  and  b-1  as
amended  by  section  13 of part A of chapter 57 of the laws of 2009, is
amended to read as follows:
  4.  Total  foundation  aid.    In  addition to any other apportionment
pursuant to this chapter, a school district, other than  a  special  act
school district as defined in subdivision eight of section four thousand
one of this chapter, shall be eligible for total foundation aid equal to
the  product  of  total aidable foundation pupil units multiplied by the
district's selected foundation aid, which shall be the greater  of  five
hundred dollars ($500) or foundation formula aid, provided, however that
for  the  two  thousand  seven--two  thousand eight through two thousand
eight--two thousand nine [and two thousand eleven--two  thousand  twelve
through  two  thousand  twelve--two  thousand thirteen] school years, no
school district shall receive total foundation aid in excess of the  sum
of  the  total  foundation  aid base for aid payable in the two thousand
seven--two thousand eight school year computed pursuant to  subparagraph
(i) of paragraph j of subdivision one of this section, plus the phase-in
foundation  increase  computed  pursuant to paragraph b of this subdivi-
sion, AND PROVIDED FURTHER THAT FOR THE TWO THOUSAND  TWELVE--TWO  THOU-
SAND  THIRTEEN  SCHOOL  YEAR  AND  THEREAFTER,  NO SCHOOL DISTRICT SHALL
RECEIVE TOTAL FOUNDATION AID IN EXCESS OF THE SUM OF THE  TOTAL  FOUNDA-
TION  AID  BASE FOR AID PAYABLE IN THE TWO THOUSAND TWELVE--TWO THOUSAND
THIRTEEN SCHOOL YEAR COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE
OF THIS SECTION, PLUS THE PHASE-IN FOUNDATION INCREASE COMPUTED PURSUANT
TO PARAGRAPH B OF THIS SUBDIVISION,  and  provided  further  that  total
foundation  aid  shall not be less than the product of the total founda-
tion aid base computed pursuant to paragraph j  of  subdivision  one  of
this  section and one hundred three percent SUBJECT TO ALLOCATION PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION EIGHTEEN OF THIS  SECTION  AND  ANY
PROVISIONS  OF  A  CHAPTER OF THE LAWS OF NEW YORK AS DESCRIBED THEREIN,
nor more than the product of such total  foundation  aid  base  and  one
hundred  fifteen percent, and provided further that for the two thousand
nine--two thousand ten  [and  two  thousand  ten--two  thousand  eleven]
THROUGH  TWO  THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE school years, each
school district shall receive total foundation aid in an amount equal to
the amount apportioned to such school  district  for  the  two  thousand
eight--two thousand nine school year pursuant to this subdivision. Total
aidable foundation pupil units shall be calculated pursuant to paragraph
g  of  subdivision two of this section.  For the purposes of calculating
aid pursuant to this subdivision, aid for the city  school  district  of
the city of New York shall be calculated on a citywide basis.
  a.  Foundation  formula  aid.  Foundation  formula aid shall equal the
remainder when the expected minimum  local  contribution  is  subtracted
from  the product of the foundation amount, the regional cost index, and
the pupil need index, or: (foundation amount x  regional  cost  index  x
pupil need index)- expected minimum local contribution.
  (1)  The foundation amount shall reflect the average per pupil cost of
general education instruction in successful school districts, as  deter-
mined  by  a  statistical analysis of the costs of special education and
general education in successful  school  districts,  provided  that  the
foundation  amount  shall be adjusted annually to reflect the percentage
increase in the consumer price index as computed pursuant to section two
thousand twenty-two of this chapter, provided that for the two  thousand
eight--two  thousand  nine  school year, for the purpose of such adjust-
ment, the percentage increase in  the  consumer  price  index  shall  be
deemed  to  be two and nine-tenths percent (0.029), and provided further

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

that the foundation amount for  the  two  thousand  seven--two  thousand
eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
dollars, and provided further that for the two thousand seven--two thou-
sand  eight  through  [two  thousand  twelve--two thousand thirteen] TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school years, [such] THE  founda-
tion amount shall be further adjusted by the phase-in foundation percent
established pursuant to paragraph b of this subdivision.
  (2)  The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that  require
similar  credentials  to  those of positions in the education field, but
not including those occupations in the education  field,  provided  that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
          Labor Force Region  Index
          Capital District    1.124
          Southern Tier       1.045
          Western New York    1.091
          Hudson Valley       1.314
          Long Island/NYC     1.425
          Finger Lakes        1.141
          Central New York    1.103
          Mohawk Valley       1.000
          North Country       1.000
  (3)  The pupil need index shall equal the sum of one plus the extraor-
dinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two. The extraordinary needs  percent
shall  be  calculated pursuant to paragraph w of subdivision one of this
section.
  (4) The expected minimum local contribution shall equal the lesser  of
(i)  the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units,  multiplied
by  (B)  the  product  of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of  the  foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B)  the  positive  difference,  if  any, of one minus the state sharing
ratio for total foundation aid. The local tax  factor  shall  be  estab-
lished by May first of each year by determining the product, computed to
four  decimal  places  without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the  provisions
of  paragraph  e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with  such  provisions  plus  the
statewide  average  tax  rate  computed by the commissioner for the year
prior to the base year in accordance with such  provisions,  divided  by
three,  provided  however  that for the two thousand seven--two thousand
eight school year, such local tax factor shall  be  sixteen  thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand  nine  school  year,  such  local  tax  factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum  local  contribution  the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index  shall  not  be
more  than  ninety-five  percent  (0.95) for the two thousand eight--two

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

thousand nine school year. The selected actual valuation shall be calcu-
lated pursuant to paragraph c of subdivision one of this section.  Total
wealth  foundation pupil units shall be calculated pursuant to paragraph
h of subdivision two of this section.
  b. Phase-in foundation increase.  (1) The phase-in foundation increase
shall  equal  the  product  of  the  phase-in foundation increase factor
multiplied by the greater of (i) the positive difference, if any, of (A)
the product of the total aidable foundation pupil  units  multiplied  by
the district's selected foundation aid less (B) the total foundation aid
base for aid payable in the [two thousand seven--two thousand eight] TWO
THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE school year computed pursuant to
[subparagraph (i) of] paragraph j of subdivision one of this section  or
(ii)  the  product of the phase-in due-minimum percent multiplied by the
total foundation aid base for aid payable in the two thousand seven--two
thousand eight school year computed  pursuant  to  subparagraph  (i)  of
paragraph j of subdivision one of this section.
  (2)  [For  the two thousand seven--two thousand eight school year, the
phase-in foundation percent shall equal one  hundred  seven  and  sixty-
eight  hundredths  percent  (1.0768),  the  phase-in foundation increase
factor shall equal twenty percent (0.20), and the  phase-in  due-minimum
percent shall equal twelve and fifty-five hundredths percent (0.1255);
  for  the two thousand eight--two thousand nine school year, the phase-
in foundation percent  shall  equal  one  hundred  five  and  twenty-six
hundredths  percent  (1.0526),  the  phase-in foundation increase factor
shall equal thirty-seven and one-half percent (0.375), and the  phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
  for  the two thousand nine--two thousand ten school year, the phase-in
foundation percent shall equal one hundred two and five  tenths  percent
(1.025), the phase-in foundation increase factor shall equal thirty-sev-
en  and  one-half  percent (0.375), and the phase-in due-minimum percent
shall equal twelve and fifty-five hundredths percent (0.1255)
  for the two thousand ten--two thousand eleven school year, the  phase-
in  foundation  percent  shall  equal  one hundred seven and sixty-eight
hundredths percent (1.0768), the  phase-in  foundation  increase  factor
shall  equal thirty-seven and one-half percent (0.375), and the phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
  for the two thousand eleven--two thousand twelve school year, the] THE
phase-in foundation percent  shall  equal  [one  hundred  five  and  six
hundredths  percent  (1.0506),  the  phase-in foundation increase factor
shall equal fifty-three and one-tenth percent (0.531), and the  phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255); and
  for  the  two  thousand twelve--two thousand thirteen school year, the
phase-in foundation  percent  shall  equal  one  hundred  two  and  five
hundredths  percent  (1.0250),  the  phase-in foundation increase factor
shall equal seventy-five percent (0.75), and  the  phase-in  due-minimum
percent  shall  equal twelve and fifty-five hundredths percent (0.1255)]
ONE HUNDRED THIRTEEN AND FOURTEEN ONE HUNDREDTHS  PERCENT  (1.1314)  FOR
THE  TWO  THOUSAND  ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, ONE HUNDRED
TEN AND THIRTY-EIGHT HUNDREDTHS PERCENT (1.1038) FOR  THE  TWO  THOUSAND
TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR, ONE HUNDRED SEVEN AND SIXTY-
EIGHT HUNDREDTHS PERCENT (1.0768) FOR  THE  TWO  THOUSAND  THIRTEEN--TWO
THOUSAND  FOURTEEN  SCHOOL  YEAR,  ONE  HUNDRED  FIVE AND SIX HUNDREDTHS
PERCENT (1.0506) FOR THE TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN

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

SCHOOL  YEAR,  AND  ONE HUNDRED TWO AND FIVE TENTHS PERCENT (1.0250) FOR
THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR.
  FOR  THE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND TWELVE SCHOOL YEAR, THE
PHASE-IN  FOUNDATION  INCREASE  FACTOR  SHALL  EQUAL  THIRTY-SEVEN   AND
ONE-HALF  PERCENT  (0.375)  AND  THE  PHASE-IN DUE MINIMUM PERCENT SHALL
EQUAL NINETEEN AND FORTY-ONE HUNDREDTHS PERCENT (0.1941),  AND  FOR  THE
TWO  THOUSAND  TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER
THE  COMMISSIONER  SHALL  ANNUALLY  DETERMINE  THE  PHASE-IN  FOUNDATION
INCREASE  FACTOR  SUBJECT  TO  ALLOCATION  PURSUANT TO THE PROVISIONS OF
SUBDIVISION EIGHTEEN OF THIS SECTION AND ANY PROVISIONS OF A CHAPTER  OF
THE LAWS OF NEW YORK AS DESCRIBED THEREIN.
  b-1.  Notwithstanding  any other provision of law to the contrary, for
the two thousand seven--two thousand eight through [two  thousand  thir-
teen--two  thousand  fourteen]  school  [years] YEAR AND THEREAFTER, the
additional amount payable to  each  school  district  pursuant  to  this
subdivision in the current year as total foundation aid, after deducting
the  total  foundation  aid  base,  shall be deemed a state grant in aid
identified by the commissioner for general use for purposes of  sections
seventeen  hundred  eighteen and two thousand twenty-three of this chap-
ter.
  c. Public excess cost aid setaside. Each  school  district  shall  set
aside from its total foundation aid computed for the current year pursu-
ant  to  this  subdivision  an  amount  equal to the product of: (i) the
difference between the  amount  the  school  district  was  eligible  to
receive in the two thousand six--two thousand seven school year pursuant
to  or  in lieu of paragraph six of subdivision nineteen of this section
as such paragraph existed on June thirtieth, two thousand  seven,  minus
the  amount such district was eligible to receive pursuant to or in lieu
of paragraph five of subdivision nineteen of this section as such  para-
graph  existed  on  June  thirtieth,  two thousand seven, in such school
year, and (ii) the sum of one and the percentage increase in the consum-
er price index for the current year over such consumer price  index  for
the two thousand six--two thousand seven school year, as computed pursu-
ant  to section two thousand twenty-two of this chapter. Notwithstanding
any other provision of law to the contrary, the public excess  cost  aid
setaside  shall be paid pursuant to section thirty-six hundred nine-b of
this part.
  S 27. The closing paragraph of subdivision 5-a of section 3602 of  the
education  law,  as amended by section 14 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
  For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the  product  of
fifteen  percent  and  the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand  eight  school
year.  For  the  two  thousand  nine--two thousand ten [and] THROUGH two
thousand [ten] TWELVE--two thousand [eleven] THIRTEEN school years, each
school district shall be entitled  to  an  apportionment  equal  to  the
amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
computer  listing  produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten  school  year  and  entitled
"SA0910".
  S 28. Intentionally omitted.
  S  29. Clause (c) of subparagraph 1 of paragraph e of subdivision 6 of
section 3602 of the education law, as amended by section 3 of  part  A-3
of chapter 58 of the laws of 2006, is amended to read as follows:

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

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

S. 2808--D                         17                         A. 4008--D

  S 32. Clause (vi) of subparagraph 1 of paragraph c of  subdivision  14
of section 3602 of the education law, as amended by section 34 of part B
of chapter 57 of the laws of 2008, is amended to read as follows:
  (vi)  where  such proposed reorganization includes at least two school
districts employing eight or more teachers forming a central high school
district pursuant to section nineteen hundred thirteen of this  chapter,
beginning  with  July  first,  nineteen  hundred sixty-five or the first
school year of operation as a reorganized district after such date, such
reorganized school district shall be entitled to  an  additional  appor-
tionment  of twenty-five per centum of the sum of: (A) its apportionment
as provided in subdivision six of this section whenever such  apportion-
ment is computed on the basis of its approved base year expenditures for
capital  outlay  from  its  general, capital, or a reserve fund incurred
prior to July first, two thousand one, or on the basis of  its  approved
base year expenditures for capital outlay from its general, capital or a
reserve  fund  incurred in the two thousand one--two thousand two school
year and computed pursuant to subdivision six of this section as if such
expenditures were aidable  under  such  subdivision,  and  current  year
approved  expenditures for debt service for school building purposes and
(B) its apportionment as provided in subdivision six  of  this  section,
the  general contracts for which shall have been awarded on or after the
date this act takes effect and prior to July first, two thousand ten, OR
PRIOR TO JULY FIRST, TWO THOUSAND TWELVE WHERE  SUCH  GENERAL  CONTRACTS
ARE  FOR PROJECTS WITH COMPLETE FINAL PLANS AND SPECIFICATIONS FILED FOR
APPROVAL WITH THE COMMISSIONER PRIOR TO JULY FIRST, TWO THOUSAND TEN, or
within ten years from the effective date of reorganization, whichever is
later as provided in subdivision six of this section, and which said sum
shall be payable for and during the terms of  any  indebtedness  created
for  the  purpose  of  financing  such construction or other facility as
aforesaid, provided however, that in no event may the  total  apportion-
ment  under  this paragraph, under subdivision twelve of section thirty-
six hundred forty-one of this article, and under  subdivisions  six  and
six-f  of this section for any project exceed the product of (1) ninety-
eight percent for a high need school district, as  defined  pursuant  to
guidelines  of  the commissioner for the two thousand five--two thousand
six school year, for all school building projects approved by the voters
of the school district or by the board of education  of  a  city  school
district  in  a  city  with  more  than one hundred twenty-five thousand
inhabitants, and/or the chancellor in a city school district in  a  city
having  a population of one million or more, on or after July first, two
thousand five, or ninety-five per cent for  any  other  school  building
project  or  school district, multiplied by (2) the sum of the base year
approved expenditures for capital outlay for  school  building  purposes
from  the general fund, capital fund or from a reserve fund, and current
year approved expenditures for debt service for such purposes  for  such
project.
  S 33. Intentionally omitted.
  S 34. Intentionally omitted.
  S 35. Subdivision 12 of section 3602 of the education law, as added by
section  19  of  part  B  of chapter 57 of the laws of 2008, the closing
paragraph as added by section 18 of part A of chapter 57 of the laws  of
2009, is amended to read as follows:
  12. Academic enhancement aid. A school district that as of April first
of  the base year has been continuously identified as a district in need
of improvement for at least five  years  shall,  for  the  two  thousand
eight--two  thousand  nine  school  year,  be  entitled to an additional

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

apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the  total  foundation  aid
base,  as  defined  by  paragraph  j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the  sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six  hundred
forty-one  of  this  [act]  ARTICLE,  less (ii) the total foundation aid
base.
  For the two thousand nine--two thousand ten [and] THROUGH two thousand
[ten] TWELVE--two thousand [eleven] THIRTEEN school years,  each  school
district  shall  be entitled to an apportionment equal to the amount set
forth for such school district as "EDUCATION GRANTS, ACADEMIC EN"  under
the  heading "2008-09 BASE YEAR AIDS" in the school aid computer listing
produced by the commissioner in support of the budget for the two  thou-
sand  nine--two thousand ten school year and entitled "SA0910", and such
apportionment shall be deemed to satisfy the state obligation to provide
an apportionment pursuant to subdivision  eight  of  section  thirty-six
hundred forty-one of this article.
  S  36.  The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 19 of part A of chapter 57  of  the
laws of 2009, is amended to read as follows:
  Each  school  district  shall  be  eligible  to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school  year,
which  shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment  received
by  the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year,  multiplied  by  the  due-minimum
factor,  which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b  of  subdivision  three  of  this
section that is less than two, seventy percent (0.70), and for all other
districts,  fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the  two  thousand  nine--two
thousand  ten  [and]  THROUGH  two  thousand  [ten] TWELVE--two thousand
[eleven] THIRTEEN school years in the amount set forth for  such  school
district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
the  school aid computer listing produced by the commissioner in support
of the budget for the two thousand nine--two thousand  ten  school  year
and entitled "SA0910".
  S  37.  Section 3602 of the education law is amended by adding two new
subdivisions 17 and 18 to read as follows:
  17. GAP ELIMINATION ADJUSTMENT. A. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL REDUCE  PAYMENTS  DUE  TO
EACH  DISTRICT  FOR  THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR AND THEREAFTER PURSUANT TO SECTION  THIRTY-SIX  HUNDRED  NINE-A  OF
THIS  ARTICLE  BY  AN  AMOUNT  EQUAL  TO  THE GAP ELIMINATION ADJUSTMENT
COMPUTED FOR SUCH DISTRICT, AND  SUCH  AMOUNT  SHALL  BE  DEDUCTED  FROM
MONEYS  APPORTIONED  FOR  THE PURPOSES OF PAYMENTS MADE PURSUANT TO SUCH
SECTION THIRTY-SIX HUNDRED NINE-A AND IF THE REDUCTION IS  GREATER  THAN
THE  SUM  OF THE AMOUNTS AVAILABLE FOR SUCH DEDUCTIONS, THE REMAINDER OF
THE REDUCTION SHALL BE WITHHELD FROM PAYMENTS SCHEDULED TO  BE  MADE  TO
THE  DISTRICT  PURSUANT  TO  SECTION  THIRTY-SIX  HUNDRED NINE-A FOR THE
FOLLOWING SCHOOL YEAR, AND PROVIDED FURTHER THAT AN AMOUNT EQUAL TO  THE
AMOUNT  OF  SUCH  DEDUCTION  SHALL  BE  DEEMED  TO HAVE BEEN PAID TO THE
DISTRICT PURSUANT TO THIS SECTION FOR THE  SCHOOL  YEAR  IN  WHICH  SUCH

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

DEDUCTION  IS  MADE. THE COMMISSIONER SHALL COMPUTE SUCH GAP ELIMINATION
ADJUSTMENT AND SHALL PROVIDE A SCHEDULE OF SUCH REDUCTION IN PAYMENTS TO
THE STATE COMPTROLLER, THE DIRECTOR OF THE  BUDGET,  THE  CHAIR  OF  THE
SENATE  FINANCE  COMMITTEE  AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE.
  B. THE GAP ELIMINATION ADJUSTMENT FOR  THE  TWO  THOUSAND  ELEVEN--TWO
THOUSAND  TWELVE  SCHOOL  YEAR SHALL BE COMPUTED AS FOLLOWS, BASED ON AN
UPDATED ELECTRONIC DATE FILE CONTAINING ACTUAL AND ESTIMATED DATA RELAT-
ING TO APPORTIONMENTS DUE AND OWING DURING THE CURRENT SCHOOL  YEAR  AND
PROJECTIONS  OF  SUCH  APPORTIONMENTS  FOR  THE FOLLOWING SCHOOL YEAR TO
SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FROM THE
GENERAL SUPPORT FOR PUBLIC SCHOOLS, GROWTH  AND  BOARDS  OF  COOPERATIVE
EDUCATIONAL  SERVICES APPROPRIATIONS PRODUCED PURSUANT TO PARAGRAPH B OF
SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER  ON
FEBRUARY  FIFTEENTH OF THE BASE YEAR. THE GAP ELIMINATION ADJUSTMENT FOR
A DISTRICT SHALL EQUAL THE LESSER OF THE DISTRICT'S PERCENTAGE REDUCTION
AND ITS TGFE CHECK, PROVIDED, HOWEVER, THAT IN THE CASE  OF  A  DISTRICT
WITH  A TAX EFFORT RATIO GREATER THAN FOUR PERCENT (0.04) AND A COMBINED
WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO  SUBPARAGRAPH
TWO  OF  PARAGRAPH  C  OF SUBDIVISION THREE OF THIS SECTION THAT IS LESS
THAN ONE AND FIVE-TENTHS (1.5), THE GAP  ELIMINATION  ADJUSTMENT  FOR  A
DISTRICT  SHALL  EQUAL  THE LESSER OF THE PERCENTAGE REDUCTION, THE TGFE
CHECK AND THE TAX EFFORT REDUCTION, AND FURTHER  PROVIDED  THAT  IN  THE
CASE  OF  A SCHOOL DISTRICT, OTHER THAN A CITY SCHOOL DISTRICT OF A CITY
HAVING A POPULATION IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND,  WITH
(A) AN ADMINISTRATIVE EFFICIENCY RATIO OF LESS THAN ONE AND EIGHT-TENTHS
PERCENT (0.018) AND (B) AN ADMINISTRATIVE EXPENSE PER PUPIL OF LESS THAN
THREE HUNDRED FORTY-EIGHT DOLLARS ($348), THE GAP ELIMINATION ADJUSTMENT
SHALL  BE  REDUCED  BY  AN AMOUNT EQUAL TO THE ADMINISTRATIVE EFFICIENCY
RESTORATION, AND FURTHER PROVIDED THAT, WHERE APPLICABLE, THE GAP ELIMI-
NATION ADJUSTMENT SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE SUM OF  THE
NEEDS-BASED  RESTORATION PLUS THE LOW WEALTH-HIGH TAX EFFORT RESTORATION
PLUS THE ENROLLMENT ADJUSTMENT AWARD.
  (I) THE PERCENTAGE REDUCTION SHALL BE THE SUM OF (A)  THE  PRODUCT  OF
THE  TOTAL AID FOR ADJUSTMENT, MULTIPLIED BY SIX AND FOUR-TENTHS PERCENT
(0.064), AND (B) THE PRODUCT  OF  FOUR  THOUSAND  FOUR  HUNDRED  DOLLARS
($4,400)  MULTIPLIED  BY  THE REDUCTION FACTOR, MULTIPLIED BY THE PUBLIC
SCHOOL DISTRICT ENROLLMENT  FOR  THE  BASE  YEAR  COMPUTED  PURSUANT  TO
SUBPARAGRAPH  TWO  OF  PARAGRAPH  N  OF SUBDIVISION ONE OF THIS SECTION,
PROVIDED, HOWEVER, THAT SUCH PERCENTAGE REDUCTION SHALL NOT BE LESS THAN
THE PRODUCT OF NINE AND ONE-HALF  PERCENT  (0.095)  MULTIPLIED  BY  SUCH
TOTAL  AID  FOR  ADJUSTMENT, AND NOT MORE THAN THE PRODUCT OF TWENTY-ONE
AND FOUR-TENTHS PERCENT (0.214) MULTIPLIED BY SUCH TOTAL AID FOR ADJUST-
MENT.
  (II) THE TAX EFFORT REDUCTION SHALL BE THE PRODUCT OF  THE  TOTAL  AID
FOR  ADJUSTMENT,  MULTIPLIED  BY  THE  QUOTIENT  OF TWENTY-THREE PERCENT
(0.23) DIVIDED BY THE QUOTIENT OF THE TAX EFFORT RATIO COMPUTED PURSUANT
TO SUBPARAGRAPH THREE OF PARAGRAPH A  OF  SUBDIVISION  SIXTEEN  OF  THIS
SECTION  DIVIDED BY FOUR AND TWO HUNDRED FORTY-SEVEN THOUSANDTHS PERCENT
(0.04247), PROVIDED, HOWEVER, THAT SUCH TAX EFFORT REDUCTION  SHALL  NOT
BE  LESS  THAN THE PRODUCT OF THIRTEEN PERCENT (0.13) MULTIPLIED BY SUCH
TOTAL AID FOR ADJUSTMENT, AND NOT MORE THAN THE PRODUCT OF  TWENTY-THREE
PERCENT (0.23) MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT.
  (III)  THE  TGFE CHECK SHALL BE THE PRODUCT OF THE TGFE PERCENTAGE AND
THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE BASE YEAR.

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

  (IV) THE ADMINISTRATIVE EFFICIENCY RESTORATION SHALL BE THE PRODUCT OF
SEVENTY-FIVE DOLLARS ($75),  MULTIPLIED  BY  THE  STATE  SHARING  RATIO,
MULTIPLIED BY THE TOTAL AIDABLE FOUNDATION PUPIL UNITS COMPUTED PURSUANT
TO  PARAGRAPH  G  OF SUBDIVISION TWO OF THIS SECTION FOR THE PURPOSES OF
COMPUTING TOTAL FOUNDATION AID.
  (V) THE NEEDS-BASED RESTORATION SHALL BE THE SUM OF (A) THE PRODUCT OF
THE  NEEDS-BASED GRANT, MULTIPLIED BY THE PUBLIC SCHOOL DISTRICT ENROLL-
MENT FOR THE BASE YEAR COMPUTED PURSUANT TO SUBPARAGRAPH  TWO  OF  PARA-
GRAPH  N  OF  SUBDIVISION  ONE OF SUCH SECTION THIRTY-SIX HUNDRED TWO OF
THIS PART, PLUS (B) IN THE CASE OF ANY DISTRICT FOR WHICH  THE  QUOTIENT
OF  THE  LIMITED  ENGLISH  PROFICIENT  COUNT  FOR THE BASE YEAR COMPUTED
PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF THIS  SECTION  DIVIDED  BY
THE  PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR COMPUTED PURSU-
ANT TO SUBPARAGRAPH TWO OF  PARAGRAPH  N  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  EXCEEDS  THIRTEEN PERCENT (0.13), THE PRODUCT OF THE TOTAL AID
FOR ADJUSTMENT  MULTIPLIED  BY  SEVENTY-FIVE  HUNDREDTHS  OF  A  PERCENT
(0.0075).
  (VI)  THE  LOW  WEALTH-HIGH  TAX  EFFORT RESTORATION SHALL BE, FOR ANY
SCHOOL DISTRICT WITH A TAX EFFORT RATIO GREATER THAN SIX PERCENT  (0.06)
AND  A  COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID THAT IS LESS THAN
SEVEN-TENTHS (0.7), THE PRODUCT OF ONE HUNDRED DOLLARS ($100.00)  MULTI-
PLIED  BY  THE  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT  FOR  THE BASE YEAR
COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION  ONE
OF THIS SECTION.
  (VII)  THE  ENROLLMENT  ADJUSTMENT  AWARD SHALL BE THE PRODUCT OF FIVE
HUNDRED DOLLARS ($500.00) MULTIPLIED BY THE ENROLLMENT INCREASE FOR  ANY
ELIGIBLE  SCHOOL DISTRICT. AN ELIGIBLE SCHOOL DISTRICT SHALL BE A SCHOOL
DISTRICT (A) WITH A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID  LESS
THAN  THREE  (3.0)  AND  AN ENROLLMENT INCREASE GREATER THAN OR EQUAL TO
FORTY-FIVE, WHERE, (B) FOR SUCH SCHOOL DISTRICT, EITHER  THE  ENROLLMENT
INCREASE  IS  GREATER  THAN  ONE  PERCENT  (0.01)  OF  THE PUBLIC SCHOOL
DISTRICT ENROLLMENT FOR THE BASE YEAR OR THE COMBINED WEALTH  RATIO  FOR
TOTAL  FOUNDATION  AID  IS  LESS THAN TWO (2.0). THE ENROLLMENT INCREASE
SHALL BE AS THE POSITIVE  DIFFERENCE  OF  THE  ESTIMATED  PUBLIC  SCHOOL
DISTRICT  ENROLLMENT  FOR THE CURRENT YEAR COMPUTED PURSUANT TO SUBPARA-
GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF  THIS  SECTION  LESS  THE
PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR COMPUTED PURSUANT TO
SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION.
  (VIII)  FOR  THE  PURPOSES  OF  SUCH  COMPUTATION,  (A) "TOTAL AID FOR
ADJUSTMENT" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH FOR EACH  SCHOOL
DISTRICT  AS  "FOUNDATION AID", "FULL DAY K CONVERSION", BOCES + SPECIAL
SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST",  "HARDWARE  &
TECHNOLOGY",   "SOFTWARE,   LIBRARY,   TEXTBOOK",  "TRANSPORTATION  INCL
SUMMER", "OPERATING REORG  INCENTIVE",  "CHARTER  SCHOOL  TRANSITIONAL",
"ACADEMIC  ENHANCEMENT",  "HIGH  TAX  AID"  AND "SUPPLEMENTAL PUB EXCESS
COST" UNDER THE HEADING "2011-12  ESTIMATED  AIDS"  IN  THE  SCHOOL  AID
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE
SCHOOL YEAR;
  (B)  "THE  STATE  SHARING  RATIO"  SHALL  MEAN THE STATE SHARING RATIO
COMPUTED FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO  PARAGRAPH  G  OF
SUBDIVISION THREE OF THIS SECTION, BUT NOT LESS THAN TEN PERCENT (0.10);
AND
  (C)  "REDUCTION FACTOR" SHALL MEAN THE PRODUCT OF THE POSITIVE REMAIN-
DER OF ONE LESS THE THREE-YEAR AVERAGE  FREE  AND  REDUCED  PRICE  LUNCH
PERCENT  COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH P OF SUBDI-

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

VISION ONE OF THIS SECTION, MULTIPLIED BY THE COMBINED WEALTH RATIO  FOR
TOTAL  FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH
C OF SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  PART;
AND
  (D)  "NEEDS-BASED  GRANT"  SHALL  MEAN,  (1) IN THE CASE OF A DISTRICT
DETERMINED TO BE A HIGH NEED SCHOOL DISTRICT PURSUANT TO CLAUSE  (C)  OF
SUBPARAGRAPH  TWO  OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR
THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT
OF  THE  ENACTED  BUDGET  FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT
SCHOOL YEAR AND ENTITLED "SA0708", HAVING A  NEED-RESOURCE  CATEGORY  OF
THREE  OR  FOUR,  SIXTY-ONE  DOLLARS  ($61.00), AND (2) IN THE CASE OF A
DISTRICT DETERMINED TO BE AN AVERAGE NEED SCHOOL  DISTRICT  PURSUANT  TO
CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS
SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER
IN  SUPPORT  OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOU-
SAND EIGHT SCHOOL YEAR AND ENTITLED  "SA0708",  HAVING  A  NEED-RESOURCE
CATEGORY OF FIVE, FIFTY-FOUR DOLLARS ($54.00).
  (E)  "ADMINISTRATIVE  EFFICIENCY RATIO" SHALL MEAN THE QUOTIENT OF THE
SUM OF THE EXPENDITURES RELATED TO THE  BOARD  OF  EDUCATION,  INCLUDING
EXPENDITURES  FOR  THE  BOARD OF EDUCATION, THE DISTRICT CLERK'S OFFICE,
THE DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE  TAX
COLLECTOR'S  OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS EXPENDI-
TURES FOR CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR  THE  CHIEF
SCHOOL  OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE PERSON-
NEL OFFICE, THE  RECORDS  MANAGEMENT  OFFICER,  PUBLIC  INFORMATION  AND
SERVICES,  FEES  FOR  FISCAL  AGENTS  AND  UNDISTRIBUTED INDIRECT COSTS,
DIVIDED BY THE TOTAL EXPENDITURES CHARGED BY A DISTRICT TO THE  GENERAL,
DEBT SERVICE, AND SPECIAL AID FUNDS, EXCLUDING TRANSFERS FROM THE GENER-
AL FUND TO THE DEBT SERVICE AND SPECIAL AID FUNDS, BASED ON EXPENDITURES
REPORTED BY THE DISTRICT FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE
YEAR,  BASED ON DATA ON FILE FOR AN ELECTRONIC DATA FILE USED TO PRODUCE
THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT
OF THE EXECUTIVE BUDGET REQUEST; AND
  (F)  "ADMINISTRATIVE EXPENSE PER PUPIL" SHALL MEAN THE QUOTIENT OF THE
SUM OF THE EXPENDITURES RELATED TO THE  BOARD  OF  EDUCATION,  INCLUDING
EXPENDITURES  FOR  THE  BOARD OF EDUCATION, THE DISTRICT CLERK'S OFFICE,
THE DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE  TAX
COLLECTOR'S  OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS EXPENDI-
TURES FOR CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR  THE  CHIEF
SCHOOL  OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE PERSON-
NEL OFFICE, THE  RECORDS  MANAGEMENT  OFFICER,  PUBLIC  INFORMATION  AND
SERVICES,  FEES  FOR  FISCAL  AGENTS  AND  UNDISTRIBUTED INDIRECT COSTS,
CHARGED BY A DISTRICT TO THE GENERAL,  DEBT  SERVICE,  AND  SPECIAL  AID
FUNDS,  BASED  ON  EXPENDITURES  REPORTED BY THE DISTRICT FOR THE SCHOOL
YEAR TWO YEARS PRIOR TO THE BASE YEAR,  DIVIDED  BY  THE  PUBLIC  SCHOOL
DISTRICT  ENROLLMENT FOR THE BASE YEAR COMPUTED PURSUANT TO SUBPARAGRAPH
TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION BASED ON  DATA  ON
FILE FOR AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST; AND
  (G) "TGFE PERCENTAGE" SHALL MEAN,
  (1) IN THE CASE OF A DISTRICT DETERMINED  TO  BE  A  HIGH-NEED  SCHOOL
DISTRICT  PURSUANT  TO  CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF
SUBDIVISION SIX OF THIS SECTION FOR  THE  SCHOOL  AID  COMPUTER  LISTING
PRODUCED  BY  THE  COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE

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

TWO  THOUSAND  SEVEN--TWO  THOUSAND  EIGHT  SCHOOL  YEAR  AND   ENTITLED
"SA0708",
  (A)  IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
IN EXCESS OF ONE MILLION INHABITANTS, FOUR AND FIVE HUNDRED THIRTY-SEVEN
THOUSANDTHS PERCENT (0.04537),
  (B) IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A  POPULATION
OF  MORE  THAN  TWO HUNDRED FIFTY THOUSAND INHABITANTS AND LESS THAN ONE
MILLION INHABITANTS ACCORDING TO THE TWO THOUSAND FEDERAL  CENSUS,  FOUR
AND ONE-TENTH PERCENT (0.041),
  (C)  IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
OF MORE THAN TWO HUNDRED TEN THOUSAND  INHABITANTS  AND  LESS  THAN  TWO
HUNDRED FIFTY THOUSAND INHABITANTS ACCORDING TO THE TWO THOUSAND FEDERAL
CENSUS, FOUR AND THIRTEEN HUNDREDTHS PERCENT (0.0413),
  (D)  IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
OF MORE THAN ONE HUNDRED SEVENTY THOUSAND INHABITANTS AND LESS THAN  TWO
HUNDRED  TEN  THOUSAND INHABITANTS ACCORDING TO THE TWO THOUSAND FEDERAL
CENSUS, FIVE AND NINETY-SEVEN HUNDREDTHS PERCENT (0.0597),
  (E) IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A  POPULATION
OF  MORE THAN ONE HUNDRED THOUSAND INHABITANTS AND LESS THAN ONE HUNDRED
SEVENTY THOUSAND INHABITANTS  ACCORDING  TO  THE  TWO  THOUSAND  FEDERAL
CENSUS, FIVE AND FIFTY-THREE HUNDREDTHS PERCENT (0.0553),
  (F)  IN  THE  CASE  OF  ANY  OTHER  SUCH  SCHOOL  DISTRICT WHICH HAS A
THREE-YEAR AVERAGE FREE AND REDUCED PRICE  LUNCH  PERCENT  GREATER  THAN
SEVENTY-FIVE  PERCENT  (0.75) AND WHICH HAS AN ADMINISTRATIVE EFFICIENCY
RATIO LESS THAN ONE AND FIFTY-FIVE HUNDREDTHS PERCENT (0.0155), FOUR AND
NINE HUNDREDTHS PERCENT (0.0409), AND
  (G) FOR ALL OTHER SUCH SCHOOL DISTRICTS, SIX AND EIGHT-TENTHS  PERCENT
(0.068), OR
  (2) IN THE CASE OF ALL OTHER SCHOOL DISTRICTS, ELEVEN PERCENT (0.11).
  C.  THE  GAP  ELIMINATION  ADJUSTMENT FOR THE TWO THOUSAND TWELVE--TWO
THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER SHALL BE EQUAL TO  THE  GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR, PLUS, IN ANY YEAR IN WHICH THE
PRELIMINARY GROWTH AMOUNT EXCEEDS THE ALLOWABLE GROWTH AMOUNT, THE PROD-
UCT  OF  THE GAP ELIMINATION ADJUSTMENT PERCENTAGE FOR SUCH DISTRICT AND
THE POSITIVE DIFFERENCE, IF ANY, BETWEEN THE PRELIMINARY  GROWTH  AMOUNT
LESS  THE  ALLOWABLE  GROWTH AMOUNT, AS COMPUTED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION, AND LESS THE PRODUCT OF THE GAP ELIMINATION ADJUST-
MENT PERCENTAGE FOR SUCH DISTRICT AND  THE  GAP  ELIMINATION  ADJUSTMENT
RESTORATION  AMOUNT,  IF ANY, ALLOCATED PURSUANT TO SUBDIVISION EIGHTEEN
OF THIS SECTION.
  18. ALLOCABLE GROWTH AMOUNT  APPORTIONMENT.    SUCH  AMOUNT  SHALL  BE
APPORTIONED  FOR  A SCHOOL YEAR PURSUANT TO A CHAPTER OF THE LAWS OF NEW
YORK ENACTED FOR THE  STATE  FISCAL  YEAR  IN  WHICH  SUCH  SCHOOL  YEAR
COMMENCES,  AND SHALL BE ALLOCATED TO PURPOSES INCLUDING BUT NOT LIMITED
TO COMPETITIVE GRANT AWARDS MADE PURSUANT TO SUBDIVISIONS FIVE  AND  SIX
OF  SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, THE FOUNDATION
AID PHASE-IN AMOUNT OR OTHER FOUNDATION AID INCREASE ALLOCATED  PURSUANT
TO  SUBDIVISION  FOUR OF THIS SECTION AND THE GAP ELIMINATION ADJUSTMENT
RESTORATION AMOUNT APPORTIONED PURSUANT TO SUBDIVISION SEVENTEEN OF THIS
SECTION. IN THE EVENT THAT A CHAPTER OF THE LAWS OF NEW YORK ENACTED FOR
THE STATE FISCAL YEAR  IN  WHICH  SUCH  SCHOOL  YEAR  COMMENCES  IS  NOT
ENACTED,  THE  ALLOCATIONS  IN  SUPPORT  OF SUBDIVISIONS FIVE AND SIX OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS  ARTICLE  SHALL  EQUAL  THE
ALLOCATIONS  IN  SUPPORT OF SUCH AWARDS IN THE BASE YEAR, AND THE APPOR-
TIONMENTS PURSUANT TO SUBDIVISIONS FOUR AND SEVENTEEN  OF  THIS  SECTION

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

FOR  THE  CURRENT  YEAR SHALL EQUAL THE APPORTIONMENTS FOR SUCH SUBDIVI-
SIONS FOUR AND SEVENTEEN FOR THE BASE YEAR.
  S 38. The opening paragraph of subdivision 10 of section 3602-e of the
education  law,  as amended by section 21 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
  Notwithstanding any provision of law to the contrary, for aid  payable
in  the  two thousand eight--two thousand nine school year, the grant to
each eligible school district for universal prekindergarten aid shall be
computed pursuant to this subdivision, and for the two  thousand  nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each  school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the  elec-
tronic  data  file  produced  by  the commissioner in support of the two
thousand nine--two thousand ten education, labor and  family  assistance
budget,  provided,  however, that in the case of a district implementing
programs for the first time or implementing expansion  programs  in  the
two  thousand  eight--two  thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as  provided
in  section  151-1.4 of the regulations of the commissioner, FOR THE TWO
THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
EN SCHOOL YEARS, such school district shall be eligible  for  a  maximum
grant  equal  to the amount computed pursuant to paragraph a of subdivi-
sion nine of this section in the two thousand eight--two  thousand  nine
school  year,  AND  FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND
TWO THOUSAND TWELVE--TWO THOUSAND  THIRTEEN  SCHOOL  YEARS  EACH  SCHOOL
DISTRICT  SHALL  BE ELIGIBLE FOR A MAXIMUM GRANT EQUAL TO THE AMOUNT SET
FORTH FOR SUCH SCHOOL DISTRICT AS "UNIVERSAL PREKINDERGARTEN" UNDER  THE
HEADING  "2011-12  ESTIMATED  AIDS"  IN  THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED  BUDGET  FOR  THE
2011-12  SCHOOL  YEAR  AND ENTITLED "SA111-2", and provided further that
the maximum grant shall not exceed the total actual  grant  expenditures
incurred  by  the school district in the current school year as approved
by the commissioner.
  S 39. Intentionally omitted.
  S 40. The opening paragraph of section 3609-a of the education law, as
amended by section 22 of part A of chapter 57 of the laws  of  2009,  is
amended to read as follows:
  For  aid  payable in the two thousand seven--two thousand eight school
year and thereafter, "moneys apportioned" shall mean the lesser  of  (i)
the  sum  of  one hundred percent of the respective amount set forth for
each school district as payable pursuant to this section in  the  school
aid  computer  listing for the current year produced by the commissioner
in support of the budget which includes the appropriation for the gener-
al support for public schools for the prescribed payments  and  individ-
ualized  payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to  subdi-
vision  six-a  and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions  to  current  year  aids  pursuant  to
subdivision seven of section thirty-six hundred four of this part or any
deduction  from  apportionment  payable  pursuant  to  this  chapter for
collection of a school district basic contribution as defined in  subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants  provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law,  less  any
grants  provided  pursuant  to  subdivision twelve of section thirty-six
hundred forty-one of this article, or (ii) the apportionment  calculated

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

by  the  commissioner  based  on data on file at the time the payment is
processed; provided however, that for the purposes of any payments  made
pursuant  to this section prior to the first business day of June of the
current  year,  moneys  apportioned  shall  not include any aids payable
pursuant to subdivisions six and fourteen,  if  applicable,  of  section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or  any  aids  payable  for  full-day  kindergarten for the current year
pursuant to subdivision nine of section thirty-six hundred two  of  this
part.  The definitions of "base year" and "current year" as set forth in
subdivision one of section thirty-six hundred two  of  this  part  shall
apply  to  this  section. For aid payable in the [two thousand nine--two
thousand ten] TWO THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE  school  year,
reference  to  such  "school  aid computer listing for the current year"
shall mean the printouts entitled ["SA0910"] "SA111-2".
  S 41. Subparagraphs 2 and 3 of paragraph a and clauses (i), (iv), (v),
(vi) and (vii) of subparagraph 3 of paragraph  b  of  subdivision  1  of
section  3609-a  of the education law, subparagraph 2 of paragraph a and
clauses (v) and (vii) of subparagraph 3 of paragraph  b  as  amended  by
section  32  of part B of chapter 57 of the laws of 2007, subparagraph 3
of paragraph a and clauses (i) and (iv) of subparagraph 3 of paragraph b
as amended by chapter 474 of the laws of 1996 and clause (vi) of subpar-
agraph 3 of paragraph b as added by section 43 of part A of  chapter  60
of the laws of 2000, are amended to read as follows:
  (2)  Lottery  apportionment. Of the estimated moneys to be apportioned
by the commissioner to school  districts  for  the  current  year,  that
portion  payable  pursuant  to section ninety-two-c of the state finance
law, exclusive of the minimum lottery grant provided for the purchase of
textbooks pursuant to subparagraph one of  paragraph  b  of  subdivision
four  of section ninety-two-c of such law and the lottery grant provided
pursuant to subparagraph two-a of paragraph b  of  subdivision  four  of
section  ninety-two-c  of  the state finance law, shall be payable on OR
BEFORE the [first] LAST state business day of September.
  (3) Lottery textbook apportionment. The minimum lottery grant provided
for the purchase of textbooks pursuant to subparagraph one of  paragraph
b  of subdivision four of section ninety-two-c of the state finance law,
shall be payable on or before the [first] LAST  STATE  BUSINESS  day  of
September.
  (i)  Winter payments. The amounts designated for January, February and
March pursuant to clauses (i), (ii) and (iii)  of  subparagraph  two  of
this  paragraph  shall be paid on OR BEFORE the [first] LAST state busi-
ness day of such months.
  (iv) April and May payments. Any amount designated for  and  remaining
to  be paid in April or May pursuant to clauses (iv) and (v) of subpara-
graph two of this paragraph minus any portion of such  amounts  advanced
pursuant  to clause (ii) of this subparagraph shall be paid on OR BEFORE
the [first] LAST state business day of such months.
  (v) June payment. The  moneys  apportioned  to  school  districts  and
designated  for June pursuant to clause (vi) of subparagraph two of this
paragraph shall be paid on OR BEFORE the [first] LAST state business day
of such month, to the extent that moneys are owed  to  school  districts
pursuant  to  this  section  for  the current year, including claims for
current year aid for debt service on bond anticipation notes aidable  in
June  and/or  new  bonds  and  capital notes aidable in June pursuant to
subdivisions six and fourteen,  if  applicable,  of  section  thirty-six
hundred  two  of this [article] PART and claims for current year aid for

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

conversion to full day kindergarten [pursuant  to  subdivision  nine  of
section  thirty-six  hundred  two  of  this  article], after taking into
account any adjustments made in accordance with clauses (ii)  and  (iii)
of this subparagraph, net of any disallowances.
  (vi)  Deferred July payment of certain claims for debt service on bond
anticipation notes and on bonds or capital notes  first  issued  in  the
current  year. The moneys apportioned to school districts for claims for
current year aid for debt service on bond anticipation notes aidable  in
July following the current year and/or new bonds and capital notes aida-
ble  in July following the current year pursuant to subdivisions six and
fourteen, if applicable, of  section  thirty-six  hundred  two  of  this
[article]  PART  shall be paid on OR BEFORE the [first] LAST state busi-
ness day of July immediately following the current school year,  to  the
extent that moneys are owed to school districts pursuant to this section
for the current year, net of any disallowances.
  (vii)  Deferred  September  payments.  Any amounts payable to a school
district pursuant to this section which exceeded one hundred percent  of
the respective amount set forth for such district as payable pursuant to
this  section  in the school aid computer listing for the current school
year shall be designated for payment for the  month  of  September  next
following  the  close of the current school year. Such payments shall be
made on OR BEFORE the [first] LAST state business day of  the  month  of
September, based on data on file as of August first.
  S  42.  Clause (iii) of subparagraph 3 of paragraph b of subdivision 1
of section 3609-a of the education law, as amended by section 32 of part
B of chapter 57 of the laws of 2007, is amended to read as follows:
  (iii) Determining final payment for the state fiscal  year.  Prior  to
transmitting  the  March  payment  to  the  state  comptroller, based on
current year, base year and prior school year state aid payments made or
scheduled to be made from the general support for public schools  appro-
priations  for  the  state  fiscal  year  ending March thirty-first, the
commissioner shall determine the extent to which the  amount  designated
for  June pursuant to clause (vi) of subparagraph two of this paragraph,
as adjusted in accordance with clause (ii) of this subparagraph, net  of
any disallowances, would need to be advanced and paid on or before March
thirty-first  in  order  to  use  the  remainder of such appropriations,
EXCLUDING AMOUNTS ASSIGNED TO  THE  DEPARTMENT  OF  HEALTH  PURSUANT  TO
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-B OF THIS ARTICLE, on
or  before  March  thirty-first,  or  to  the extent to which the amount
designated for March would need to be proportionally reduced so  as  not
to  exceed such state fiscal year appropriations. The commissioner shall
report the amount of money required to be advanced or deferred  and  the
percent  it represents of the June or March amounts, as the case may be,
to the director of the budget, the chairperson  of  the  senate  finance
committee  and the chairperson of the assembly ways and means committee.
To the extent that moneys are advanced  or  deferred  pursuant  to  this
paragraph,  they  shall  be  in  the  same  proportion  as  each  school
district's share bears to the total of such June or March  amount.  Upon
approval  of the director of the budget, the commissioner shall transmit
the schedule of any such partial June prepayments or such reduced  March
payments  to  the  state  comptroller.  Any portion of the March payment
deferred shall be added to the June payment; any  portion  of  the  June
payment advanced shall be paid on or before March thirty-first.
  S 43. Subparagraph 4 of paragraph b of subdivision 1 of section 3609-a
of  the  education law, as amended by section 25 of part A of chapter 57
of the laws of 2009, is amended to read as follows:

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

  (4) State share of medicaid reimbursements. For the purposes  of  this
subparagraph,  FOR  AID  PAYABLE  IN  THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SCHOOL YEAR, the first reporting period shall run from May  first
of  the  base year through January thirty-first of the current year, and
the second reporting period shall run from February first of the current
year  through  [April thirtieth] MARCH THIRTY-FIRST of the current year.
FOR AID PAYABLE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND  TWELVE  SCHOOL
YEAR  AND  THEREAFTER,  THE  FIRST REPORTING PERIOD SHALL RUN FROM APRIL
FIRST OF THE BASE YEAR THROUGH  DECEMBER  THIRTY-FIRST  OF  THE  CURRENT
YEAR,  AND  THE  SECOND REPORTING PERIOD SHALL RUN FROM JANUARY FIRST OF
THE CURRENT  YEAR  THROUGH  MARCH  THIRTY-FIRST  OF  THE  CURRENT  YEAR.
Notwithstanding  any inconsistent provisions of law to the contrary, the
sustaining advance payment due any school district  pursuant  to  clause
(ii)  of  subparagraph three of this paragraph in March shall be reduced
by fifty percent of any federal participation during the first reporting
period pursuant to title XIX of the  social  security  act,  in  special
education  programs  provided  pursuant  to  article eighty-nine of this
chapter for services provided on or before June thirtieth, two  thousand
nine; the June payment due any school district pursuant to clause (v) of
subparagraph  three  of this paragraph shall be reduced by fifty percent
of any federal participation during  the  second  reporting  period  for
services  provided  on  or before June thirtieth, two thousand nine. Not
later than ten days after the end of  [a]  THE  FIRST  reporting  period
ENDING  ON  JANUARY  THIRTY-FIRST,  TWO  THOUSAND ELEVEN, NOT LATER THAN
FORTY-ONE DAYS AFTER EACH FIRST  REPORTING  PERIOD  THEREAFTER  AND  NOT
LATER THAN FORTY DAYS AFTER THE END OF EACH SECOND REPORTING PERIOD, the
commissioner  of  health,  as  the  authorized fiscal agent of the state
education department, shall certify to the commissioner and the director
of the budget the total amount of such federal moneys paid to  a  school
district  for such services during such reporting period. Following each
cycle payment, the commissioner of health shall report  to  the  commis-
sioner  the  aggregate  amount of such federal medicaid payments to each
school district. The commissioner shall recoup such  amounts  first,  to
the extent possible, from the specified payment, then by withholding any
other  moneys  due  the school district and finally by direct billing to
any school district still owing moneys to the state. All moneys withheld
or paid to the state on account of this paragraph shall be  credited  by
the  comptroller to the local assistance account for general support for
public schools.
  S 44. Intentionally omitted.
  S 45. Paragraphs a and a-1 of subdivision 1 of section 3609-b  of  the
education law, paragraph a as amended by section 26 and paragraph a-1 as
added  by  section  27  of part A of chapter 57 of the laws of 2009, are
amended to read as follows:
  a. Any  moneys  to  be  apportioned  by  the  commissioner  to  school
districts  during  the school year pursuant to this section for services
provided on or before June thirtieth, two thousand nine THAT WERE  REIM-
BURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEVEN shall,
in  the first instance, be designated as the state share of moneys due a
school district pursuant to title XIX of the  social  security  act,  on
account  of  school supportive health services provided to students with
disabilities in special education programs pursuant to  article  eighty-
nine  of  this chapter and to those pupils who are qualified handicapped
persons as defined in the federal rehabilitation act of nineteen hundred
seventy-three, as amended. Some or  all  of  such  state  share  may  be
assigned  on  behalf of school districts to the department of health, as

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

provided herein; any remaining state  share  moneys  shall  be  paid  to
school districts on the same schedule as the federal share of such title
XIX payments and shall be based on the monthly report of the commission-
er  of health to the commissioner; and any remaining moneys to be appor-
tioned to a school district pursuant to this section shall  be  paid  in
accordance  with  the provisions of subdivision two of this section. The
amount to be assigned to the department of health, as determined by  the
commissioner  of  health,  for  any school district shall not exceed the
federal share of any moneys due such school district pursuant  to  title
XIX.  Moneys  designated  as  state  share  moneys shall be paid to such
school districts based on the submission and approval of claims  related
to  such  school  supportive  health services, in the manner provided by
law.
  a-1. Any moneys to  be  apportioned  by  the  commissioner  to  school
districts  during  the school year pursuant to this section for services
provided during the two thousand nine--two thousand ten school year  and
thereafter,  OR  FOR  SERVICES PROVIDED IN A PRIOR SCHOOL YEAR THAT WERE
NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEV-
EN, shall, in the first instance, be designated as the  state  share  of
moneys due a school district pursuant to title XIX of the social securi-
ty  act,  on  account  of  school supportive health services provided to
students with disabilities in special  education  programs  pursuant  to
article  eighty-nine  of this chapter and to those pupils who are quali-
fied handicapped persons as defined in the federal rehabilitation act of
nineteen hundred seventy-three, as amended. Such state  share  shall  be
assigned  on  behalf of school districts to the department of health, as
provided herein; the amount designated as such nonfederal share shall be
transferred by the commissioner to the department of health based on the
monthly report of the commissioner of health to  the  commissioner;  and
any  remaining moneys to be apportioned to a school district pursuant to
this section shall be paid in accordance with the provisions of subdivi-
sion two of this section. The amount to be assigned to the department of
health, as determined by the commissioner  of  health,  for  any  school
district  shall  not  exceed  the  federal  share of any moneys due such
school district pursuant to title XIX. Moneys designated as state  share
moneys  shall  be  paid  to  such  school districts by the department of
health based on the submission and approval of claims  related  to  such
school supportive health services, in the manner provided by law.
  S  46.  Paragraph  b of subdivision 2 of section 3612 of the education
law, as amended by chapter 2 of the laws of 2011, is amended to read  as
follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into  consideration  the  magnitude  of  any shortage of teachers in the
school district, the number of teachers employed in the school  district
who hold temporary licenses to teach in the public schools of the state,
the  number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the  number  of  new  teachers  the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district,  if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing any other provision of law to the contrary, a city  school  district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of  such  grant  funds  for any recruitment, retention and certification

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

costs associated with transitional certification of  teacher  candidates
for  the  school  years  two thousand one--two thousand two through [two
thousand ten--two thousand eleven]  TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE.
  S 47. Subdivision 6 of section 3622-a of the education law, as amended
by chapter 422 of the laws of 2004, is amended to read as follows:
  6.  Transportation  of  pupils  to  and  from  approved  summer school
programs operated by a school district in the two thousand--two thousand
one school year and thereafter, provided, however,  [that  any  expenses
for which aid is received pursuant to subdivision thirty-nine of section
thirty-six hundred two of this article shall be excluded from the compu-
tation  of  allowable transportation expense, and provided further] that
if the total statewide apportionment attributable to allowable transpor-
tation expenses incurred  pursuant  to  this  subdivision  exceeds  five
million  dollars  ($5,000,000),  individual  school district allocations
shall be prorated to ensure  that  the  apportionment  for  such  summer
transportation  does  not  exceed  five  million  dollars  ($5,000,000),
provided that such prorated apportionment computed  and  payable  as  of
September  one  of the school year immediately following the school year
for which such aid is claimed shall be deemed final and not  subject  to
change; and
  S 48. Intentionally omitted.
  S  49.  Section  3641  of the education law is amended by adding a new
subdivision 7 to read as follows:
  7. SMALL GOVERNMENT  ASSISTANCE.  A.  IN  ADDITION  TO  APPORTIONMENTS
OTHERWISE PROVIDED BY SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE FOR
PAYABLE  IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND
THEREAFTER THE AMOUNTS SPECIFIED IN  PARAGRAPH  B  OF  THIS  SUBDIVISION
SHALL BE PAID TO SCHOOL DISTRICTS FOR SMALL GOVERNMENT ASSISTANCE.
  B.  TO  SCHOOL  DISTRICTS THAT RECEIVED SMALL GOVERNMENT ASSISTANCE IN
THE STATE FISCAL YEAR TWO THOUSAND TEN--TWO THOUSAND ELEVEN, SUCH APPOR-
TIONMENT IN THE SAME AMOUNT SHALL BE APPORTIONED TO SCHOOL DISTRICTS  ON
OR  BEFORE  MARCH THIRTY-FIRST OF THE SCHOOL YEAR UPON AUDIT AND WARRANT
OF THE COMPTROLLER.
  S 50. Intentionally omitted.
  S 51. Section 4204 of the education law, subdivision 1 as  amended  by
chapter 352 of the laws of 1958, is amended to read as follows:
  S 4204. Support  and term of instruction of deaf state pupils. 1. Each
deaf pupil so received into any of the institutions aforesaid  shall  be
provided  with  board,  lodging  and  tuition;  and the directors of the
institution shall receive an appropriation for each  pupil  so  provided
for,  in  quarterly payments, to be paid by the commissioner of taxation
and finance, on the warrant of the comptroller, to the treasurer of said
institution; provided, however, that an estimated one-half of each  such
quarterly  payment  shall  be  due on the first day of each quarter, the
estimate to be based on the affidavit of the chief executive officer  of
the institution stating the number of pupils for whom board, lodging and
tuition  was so provided by the institution during the preceding quarter
and during the comparable quarter of the preceding year, and the remain-
ing part of each such quarterly payment shall be due thereafter  on  the
first  day  of  the  quarter  next ensuing, upon the presentation by the
treasurer of the institution of a  bill  showing  the  actual  time  and
number  of  pupils attending the institution, which bill shall be signed
by the chief executive officer of the institution, and verified  by  his
oath.   THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO BOARD, LODGING

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

AND TUITION FOR THE TWO THOUSAND  TEN--TWO  THOUSAND  ELEVEN  AND  PRIOR
SCHOOL YEARS.
  2.  FOR  EXPENSES  INCURRED  IN  THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR AND THEREAFTER, EACH DEAF PUPIL SO RECEIVED INTO  ANY
OF  THE  INSTITUTIONS  SUBJECT  TO  THIS  ARTICLE SHALL BE PROVIDED WITH
BOARD, LODGING AND TUITION, AND SUCH INSTITUTIONS  SHALL  BE  REIMBURSED
FOR SUCH EXPENSES IN ACCORDANCE WITH THIS SUBDIVISION.
  A. THE COSTS OF TUITION AS DEFINED IN SECTION FORTY-TWO HUNDRED ELEVEN
OF THIS ARTICLE, SHALL BE A CHARGE UPON THE SCHOOL DISTRICT OF WHICH ANY
SUCH CHILD IS RESIDENT AT THE TIME OF ADMISSION OR READMISSION TO ANY OF
THE INSTITUTIONS SUBJECT TO THIS ARTICLE AND THE DIRECTORS OF THE INSTI-
TUTION SHALL BILL SUCH SCHOOL DISTRICT FOR SUCH TUITION COSTS ON A QUAR-
TERLY  BASIS. THE FIRST SUCH QUARTERLY PAYMENT MAY BE BASED ON PROJECTED
ENROLLMENT, PROVIDED THAT  SUBSEQUENT  PAYMENTS  SHALL  BE  ADJUSTED  TO
REFLECT  ACTUAL  ENROLLMENT.  THE  AMOUNT OF TUITION PAID BY SUCH SCHOOL
DISTRICT SHALL BE ELIGIBLE FOR REIMBURSEMENT BY THE STATE TO THE  EXTENT
PROVIDED IN SECTION FORTY-TWO HUNDRED FOUR-B OF THIS ARTICLE.
  B. THE COSTS OF BOARD AND LODGING SHALL BE A CHARGE UPON THE STATE AND
THE DIRECTORS OF THE INSTITUTION SHALL RECEIVE AN APPROPRIATION FOR EACH
PUPIL  SO PROVIDED FOR, IN QUARTERLY PAYMENTS, TO BE PAID BY THE COMMIS-
SIONER OF TAXATION AND FINANCE, ON THE WARRANT OF  THE  COMPTROLLER,  TO
THE  TREASURER OF SAID INSTITUTION; PROVIDED, HOWEVER, THAT AN ESTIMATED
ONE-HALF OF EACH SUCH QUARTERLY PAYMENT SHALL BE DUE ON THE FIRST DAY OF
EACH QUARTER, THE ESTIMATE TO BE BASED ON THE  AFFIDAVIT  OF  THE  CHIEF
EXECUTIVE  OFFICER  OF  THE INSTITUTION STATING THE NUMBER OF PUPILS FOR
WHOM BOARD AND LODGING WAS SO PROVIDED BY  THE  INSTITUTION  DURING  THE
PRECEDING  QUARTER  AND  DURING  THE COMPARABLE QUARTER OF THE PRECEDING
YEAR, AND THE REMAINING PART OF EACH SUCH QUARTERLY PAYMENT SHALL BE DUE
THEREAFTER DURING THE FIRST DAY OF EACH QUARTER NEXT ENSUING,  UPON  THE
PRESENTATION  BY  THE TREASURER OF THE INSTITUTION OF A BILL SHOWING THE
ACTUAL TIME AND NUMBER OF PUPILS ATTENDING THE INSTITUTION WHO  RECEIVED
BOARD  AND  LODGING,  WHICH  BILL SHALL BE SIGNED BY THE CHIEF EXECUTIVE
OFFICER OF THE INSTITUTION, AND VERIFIED BY HIS OATH.
  3. The regular term of instruction of any such  deaf  pupil  shall  be
twelve years, or until the pupil shall have attained the age of eighteen
years  before  the expiration of twelve years from the beginning of such
term. The commissioner [of education] may, in his discretion, extend the
term of any pupil until his twenty-first birthday  for  the  purpose  of
pursuing  or  completing  academic  or vocational courses of study. Such
pupils must be recommended by the trustees of the [instiution]  INSTITU-
TION  in  which  they are in attendance before such extension of time is
granted.
  [3.] 4. Children placed in any such institution for the instruction of
the deaf, pursuant to section forty-two hundred three OF  THIS  ARTICLE,
shall be maintained therein [at the expense of the state] for the period
of time the school is in session.
  S 52. Section 4204-a of the education law, as added by chapter 1066 of
the laws of 1974, subdivision 1 as amended by chapter 705 of the laws of
1992, is amended to read as follows:
  S 4204-a.  DEAF-INFANT PROGRAM. (1) All deaf children resident in this
state, below the age of three, of suitable age and capacity,  who  shall
have  been resident in this state for one year immediately preceding the
application, or is an orphan whose nearest friend shall have been  resi-
dent  in  this state for one year immediately preceding the application,
shall be eligible to receive approved educational services in one of the
institutions for instruction for the deaf of the state as enumerated  in

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

section forty-two hundred one of this article, as well as in such educa-
tional  programs or other like facilities which shall, in the discretion
of the commissioner, be certified as eligible to receive such pupils  on
a  day  basis  only;  provided, however, the foregoing requirement as to
length of residence in this state may be waived in the discretion of the
commissioner. Such children who are first eligible for services pursuant
to section forty-four hundred ten of this [chapter] TITLE whose  parents
or  persons  in  parental  relationship  elect  to have them continue to
receive services pursuant to this section may do so through August thir-
ty-first of the calendar year in which such child turns three.
  (2) Each deaf pupil so received into any of the approved  institutions
or  facilities  aforesaid shall be provided with tuition; and the direc-
tors of the institution or facility shall receive an  appropriation  for
each  pupil  so  provided  for, in quarterly payments, to be paid by the
commissioner of taxation and finance on the warrant of the  comptroller,
to  the  treasurer  of said institution or facility, on his presenting a
bill showing the actual time and number of pupils in  attendance,  which
bill  shall be signed by the chief executive officer of the institution,
and verified under his oath.
  (3) Children placed in any  such  approved  institution  or  facility,
pursuant  to  this  section,  shall be maintained therein on a day basis
only at the expense of the state for the period of time the school is in
session. Further, the commissioner shall approve such  expense  only  if
the  child  attends  the facility nearest his legal residence; provided,
however, that the foregoing requirement as to  the  facility  the  child
shall attend may be waived in the discretion of the commissioner.
  (4)  The  commissioner  shall  promulgate  such  rules and regulations
pertaining to the educational  programs  for  deaf  children  placed  in
facilities  under  the provisions of this section as he shall deem to be
in the best interests of such children.
  (5) The [state education] department shall maintain a register of such
approved institutions or facilities which, after  inspection,  it  deems
qualified  to meet the needs of such child for instruction of such child
in such institution or facility. Such inspection  shall  also  determine
the  eligibility  of  such  educational  facility  to  receive the funds
hereinbefore specified.
  S 53. Section 4204-b of the education law, as added by chapter 853  of
the laws of 1976, is amended to read as follows:
  S 4204-b. School  district  contribution  AND STATE REIMBURSEMENT.  1.
The school district of which any such child is resident at the  time  of
admission  or  readmission  to  any  of  the  institutions or facilities
[enumerated in section forty-two hundred one of this chapter] SUBJECT TO
THIS ARTICLE shall be required to reimburse the state on account of  any
expenditure  made by the state for any such child initially appointed by
the commissioner to such institution or facility after  June  thirtieth,
nineteen hundred seventy-seven in an amount equal to the school district
basic  contribution  defined  in subdivision eight of section forty-four
hundred one of this [chapter] TITLE, EXCEPT THAT FOR  THE  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR  AND THEREAFTER, SUCH SCHOOL
DISTRICT SHALL BE RESPONSIBLE FOR REIMBURSING THE  STATE  IN  AN  AMOUNT
EQUAL  TO  THE POSITIVE DIFFERENCE OF THE SCHOOL DISTRICT BASIC CONTRIB-
UTION MINUS THE TUITION PAID BY SUCH SCHOOL DISTRICT PURSUANT TO SECTION
FORTY-TWO HUNDRED FOUR OR FORTY-TWO HUNDRED SEVEN OF THIS  ARTICLE.  The
state  comptroller may deduct from any state funds which become due to a
school district for each year in which such child was in  attendance  at
such  institution  or  facility  an  amount  equal  to the reimbursement

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

required to be made by such school  district  in  accordance  with  this
section, and the amount so deducted shall not be included in the operat-
ing  expense  of  such district for the purposes of computing the appor-
tionment  for  operating  expense  aid pursuant to subdivision eleven of
section thirty-six hundred two of this chapter.
  2. THE STATE SHALL REIMBURSE THE SCHOOL DISTRICT  OF  WHICH  ANY  SUCH
CHILD  IS RESIDENT AT THE TIME OF ADMISSION OR READMISSION TO ANY OF THE
INSTITUTIONS SUBJECT TO THIS ARTICLE FOR TUITION PAID TO THE INSTITUTION
IN AN AMOUNT EQUAL TO THE POSITIVE DIFFERENCE BETWEEN THE AMOUNT OF SUCH
TUITION  AND  THE  SCHOOL  DISTRICT  BASIC  CONTRIBUTION.   SUCH   STATE
REIMBURSEMENT  TO  THE  SCHOOL DISTRICT SHALL NOT BE PAID PRIOR TO APRIL
FIRST OF THE SCHOOL YEAR IN WHICH SUCH TUITION COSTS  ARE  PAID  BY  THE
SCHOOL  DISTRICT.  THE TUITION INCURRED THROUGH DECEMBER THIRTY-FIRST OF
SUCH SCHOOL YEAR SHALL BE PAYABLE PRIOR TO JUNE THIRTIETH OF SUCH SCHOOL
YEAR, PROVIDED THAT A CLAIM IS SUBMITTED ON OR BEFORE JUNE FIRST.
  S 54. Section 4207 of the education law, subdivision 1 as  amended  by
chapter 352 of the laws of 1958, subdivision 2 as amended by chapter 496
of the laws of 1986, is amended to read as follows:
  S 4207. Support and term of instruction of blind state pupils. 1. Each
blind  pupil  so received into any of the institutions specified in this
article shall be provided with  board,  lodging  and  tuition;  and  the
directors  of  the  institution  shall receive an appropriation for each
pupil so provided for, in quarterly payments, to be paid by the  commis-
sioner  of  taxation  and finance, on the warrant of the comptroller, to
the treasurer of said institution; provided, however, that an  estimated
one-half of each such quarterly payment shall be due on the first day of
each  quarter,  the  estimate  to be based on the affidavit of the chief
executive officer of the institution stating the number  of  pupils  for
whom  board,  lodging  and  tuition  was  so provided by the institution
during the preceding quarter and during the comparable  quarter  of  the
preceding  year,  and  the remaining part of each such quarterly payment
shall be due thereafter on the first day of the  quarter  next  ensuing,
upon  the  presentation  by  the  treasurer of the institution of a bill
showing the actual time and number of pupils attending the  institution,
which  bill shall be signed by the chief executive officer of the insti-
tution, and verified by his oath.   THE PROVISIONS OF  THIS  SUBDIVISION
SHALL  APPLY TO BOARD, LODGING AND TUITION FOR THE TWO THOUSAND TEN--TWO
THOUSAND ELEVEN AND PRIOR SCHOOL YEARS.
  2. FOR EXPENSES INCURRED IN  THE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE SCHOOL YEAR AND THEREAFTER, EACH BLIND PUPIL SO RECEIVED INTO ANY
OF  THE  INSTITUTIONS  SUBJECT  TO  THIS  ARTICLE SHALL BE PROVIDED WITH
BOARD, LODGING AND TUITION, AND SUCH INSTITUTIONS  SHALL  BE  REIMBURSED
FOR SUCH EXPENSES IN ACCORDANCE WITH THIS SUBDIVISION.
  A. THE COSTS OF TUITION, AS DEFINED IN SECTION FORTY-TWO HUNDRED ELEV-
EN  OF THIS ARTICLE, SHALL BE A CHARGE UPON THE SCHOOL DISTRICT OF WHICH
ANY SUCH CHILD IS RESIDENT AT THE TIME OF ADMISSION  OR  READMISSION  TO
ANY OF THE INSTITUTIONS SUBJECT TO THIS ARTICLE AND THE DIRECTORS OF THE
INSTITUTION  SHALL BILL SUCH SCHOOL DISTRICT FOR SUCH TUITION COSTS ON A
QUARTERLY BASIS. THE FIRST  SUCH  QUARTERLY  PAYMENT  MAY  BE  BASED  ON
PROJECTED   ENROLLMENT,  PROVIDED  THAT  SUBSEQUENT  PAYMENTS  SHALL  BE
ADJUSTED TO REFLECT ACTUAL ENROLLMENT. THE AMOUNT  OF  TUITION  PAID  BY
SUCH SCHOOL DISTRICT SHALL BE ELIGIBLE FOR REIMBURSEMENT BY THE STATE TO
THE EXTENT PROVIDED IN SECTION FORTY-TWO HUNDRED FOUR-B OF THIS ARTICLE.
  B. THE COSTS OF BOARD AND LODGING SHALL BE A CHARGE UPON THE STATE AND
THE DIRECTORS OF THE INSTITUTION SHALL RECEIVE AN APPROPRIATION FOR EACH
PUPIL  SO PROVIDED FOR, IN QUARTERLY PAYMENTS, TO BE PAID BY THE COMMIS-

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

SIONER OF TAXATION AND FINANCE, ON THE WARRANT OF  THE  COMPTROLLER,  TO
THE  TREASURER OF SAID INSTITUTION; PROVIDED, HOWEVER, THAT AN ESTIMATED
ONE-HALF OF EACH SUCH QUARTERLY PAYMENT SHALL BE DUE ON THE FIRST DAY OF
EACH  QUARTER,  THE  ESTIMATE  TO BE BASED ON THE AFFIDAVIT OF THE CHIEF
EXECUTIVE OFFICER OF THE INSTITUTION STATING THE NUMBER  OF  PUPILS  FOR
WHOM  BOARD  AND  LODGING  WAS SO PROVIDED BY THE INSTITUTION DURING THE
PRECEDING QUARTER AND DURING THE COMPARABLE  QUARTER  OF  THE  PRECEDING
YEAR, AND THE REMAINING PART OF EACH SUCH QUARTERLY PAYMENT SHALL BE DUE
THEREAFTER  ON THE FIRST DAY OF THE QUARTER NEXT ENSUING, UPON THE PRES-
ENTATION BY THE TREASURER OF THE INSTITUTION OF A BILL SHOWING THE ACTU-
AL TIME AND NUMBER OF PUPILS  ATTENDING  THE  INSTITUTION  WHO  RECEIVED
BOARD  AND  LODGING,  WHICH  BILL SHALL BE SIGNED BY THE CHIEF EXECUTIVE
OFFICER OF THE INSTITUTION, AND VERIFIED BY HIS OATH.
  3. The regular term of instruction of any such blind pupil in the  New
York  Institute  for Special Education shall be eight years. The commis-
sioner [of education] may in his discretion extend the term of any pupil
for a period not exceeding three years. It shall also be lawful for  the
commissioner  [of education] to continue such pupils as state pupils for
an additional period of three years  for  the  purpose  of  pursuing  or
completing  a  course  of  high school study; such pupils must be recom-
mended by the trustees of the New York Institute for  Special  Education
before such extension is granted.
  [3.]  4.  The term of appointment for blind babies and children of the
age of fifteen years and under received into any institution in  accord-
ance  with  [paragraph c of subdivision one of section forty-two hundred
six of] this article shall be at the discretion of the commissioner  [of
education].
  [4.]  5. Children placed in any such institutions for the blind pursu-
ant to section forty-two hundred six shall be maintained therein [at the
expense of the state] for the period of time the school is in session.
  S 55. Intentionally omitted.
  S 56. Intentionally omitted.
  S 57. Intentionally omitted.
  S 58. Subdivision 6 of section 4402 of the education law,  as  amended
by chapter 2 of the laws of 2011, is amended to read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred  ninety-five--nine-
ty-six  through June thirtieth, two thousand [eleven] TWELVE of the [two
thousand ten--two thousand eleven]  TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE  school  year,  be  authorized to increase class sizes in special
classes containing students  with  disabilities  whose  age  ranges  are
equivalent  to  those  of  students  in  middle and secondary schools as
defined by the commissioner for purposes of this section by  up  to  but
not to exceed one and two tenths times the applicable maximum class size
specified  in  regulations of the commissioner rounded up to the nearest
whole number, provided that in a city school  district  having  a  popu-
lation of one million or more, classes that have a maximum class size of
fifteen  may  be increased by no more than one student and provided that

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

the projected average class size shall not exceed the maximum  specified
in  the  applicable  regulation,  provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization  shall  be
granted  upon  filing  of a notice by such a board of education with the
commissioner stating the board's intention to increase such class  sizes
and  a  certification  that the board will conduct a study of attendance
problems at the secondary level and will implement a  corrective  action
plan  to  increase the rate of attendance of students in such classes to
at least the rate for students attending regular  education  classes  in
secondary  schools of the district. Such corrective action plan shall be
submitted for approval by the commissioner by a date during  the  school
year  in  which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the  commissioner.  Upon  at  least
thirty  days  notice  to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to  termi-
nate  such  authorization  upon  a  finding that the board has failed to
develop or implement an approved corrective action plan.
  S 59. Subdivision 3 of section 4408 of the education law,  as  amended
by  section 33 of part A-1 of chapter 58 of the laws of 2006, is amended
to read as follows:
  3. Payment schedule. For aid payable  in  the  two  thousand  six--two
thousand  seven school year, moneys appropriated annually to the depart-
ment from the general fund - local assistance account under the [elemen-
tary, middle and secondary education] OFFICE OF PREKINDERGARTEN  THROUGH
GRADE TWELVE EDUCATION program for July and August programs for students
with disabilities, shall be used as follows: (i) for remaining base year
and prior school years obligations, (ii) for the purposes of subdivision
four  of  this  section for schools operated under articles eighty-seven
and eighty-eight of this chapter, and (iii) notwithstanding  any  incon-
sistent  provisions  of this chapter, for payments made pursuant to this
section for current school year  obligations,  provided,  however,  that
such  payments shall not exceed seventy percent of the state aid due for
the sum of the approved tuition and maintenance rates and transportation
expense provided for herein; provided, however, that payment of eligible
claims shall be payable in the order that such claims have been approved
for payment by the commissioner, but in no case  shall  a  single  payee
draw down more than forty-five percent of the appropriation provided for
the  purposes  of this section, and provided further that no claim shall
be set aside for insufficiency of funds to make a complete payment,  but
shall be eligible for a partial payment in one year and shall retain its
priority  date  status  for  appropriations provided for this section in
future years.
  S 60. Subdivision 5 of section 4408 of the education law,  as  amended
by chapter 82 of the laws of 1995, is amended to read as follows:
  5.  State  share.    In accordance with the provisions of subparagraph
four of paragraph b of subdivision one  of  section  thirty-six  hundred
nine-a  of  this  chapter  FOR SERVICES PROVIDED DURING THE TWO THOUSAND
EIGHT--TWO THOUSAND NINE AND PRIOR SCHOOL  YEARS,  any  moneys  due  the
school  district shall be reduced by an amount equal to fifty percent of
any federal participation, pursuant to title XIX of the social  security
act,  in  special  education programs provided pursuant to this section.
FOR SERVICES PROVIDED DURING THE TWO  THOUSAND  NINE--TWO  THOUSAND  TEN
SCHOOL  YEAR  AND THEREAFTER, OR FOR SERVICES PROVIDED IN A PRIOR SCHOOL
YEAR THAT WERE NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO

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

THOUSAND ELEVEN, SUCH STATE SHARE SHALL BE  DESIGNATED  AND  TRANSFERRED
PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-B OF THIS CHAPTER.
  S 61. Intentionally omitted.
  S 62. Intentionally omitted.
  S  63.  Clause (b) of subparagraph (iii) of paragraph b of subdivision
11 of section 4410 of the education law, as amended by  chapter  205  of
the laws of 2009, is amended to read as follows:
  (b)  Any  moneys  due  municipalities  pursuant  to this paragraph for
services provided during the two thousand nine--two thousand ten  school
year  and  thereafter,  OR  FOR SERVICES PROVIDED IN A PRIOR SCHOOL YEAR
THAT WERE NOT REIMBURSED BY THE STATE ON  OR  BEFORE  APRIL  FIRST,  TWO
THOUSAND  ELEVEN,  shall,  in  the  first instance, be designated as the
state share of moneys due a municipality pursuant to title  XIX  of  the
social  security  act,  on  account of school supportive health services
provided to  preschool  students  with  disabilities  pursuant  to  this
section.  Such state share shall be assigned on behalf of municipalities
to the department of health, as provided herein; the  amount  designated
as such nonfederal share shall be transferred by the commissioner to the
department  of health based on the monthly report of the commissioner of
health to the commissioner; and any remaining moneys to  be  apportioned
to  a  municipality pursuant to this section shall be paid in accordance
with this section. The amount  to  be  assigned  to  the  department  of
health,  as  determined  by  the commissioner of health, for any munici-
pality shall not exceed the federal share of any moneys due such munici-
pality pursuant to title XIX of the social security act.  Moneys  desig-
nated  as  state  share moneys shall be paid to such municipality by the
department of health based on the  submission  and  approval  of  claims
related  to  such  school  supportive  health  services,  in  the manner
provided by law.
  S 64. Subparagraph 4 of paragraph b of subdivision 4 of  section  92-c
of  the state finance law, as amended by section 46 of part B of chapter
57 of the laws of 2007, is amended to read as follows:
  (4) each eligible school district shall be entitled to  an  additional
lottery  grant  equal  to the result of multiplying the district's total
aidable FOUNDATION pupil units for the base year  COMPUTED  PURSUANT  TO
PARAGRAPH G OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
ACT by:

                      Base Grant x (1 + aid ratio)

  Where,  the  base grant shall equal the sum of the net total available
moneys after making payments pursuant to subparagraphs (1),  (2),  (2-a)
and  (3)  above,  plus  an  amount  from  the general support for public
schools-- general fund  local  assistance  account  equal  to  the  June
lottery  payment, divided by the total aidable FOUNDATION pupil units of
the state and where the Aid Ratio is equal to one minus the pupil wealth
ratio of the district as such term  is  defined  in  section  thirty-six
hundred two of the education law. In no case shall a school district aid
ratio exceed one (1) or be less than minus one (-1).
  S  65.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by  the
consortium  for worker education in New York city, as amended by section
41 of part A of chapter 57 of the laws of 2009, is amended  to  read  as
follows:
  b.  Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2006-07 school year  shall  not  exceed  64.7

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

percent  of the lesser of such approvable costs per contact hour or nine
dollars and twenty-five cents per contact  hour  where  a  contact  hour
represents sixty minutes of instruction services provided to an eligible
adult,  reimbursement  for the 2007-08 school year shall not exceed 63.3
percent of the lesser of such approvable costs per contact hour or  nine
dollars  and  ninety cents per contact hour where a contact hour repres-
ents sixty minutes of  instruction  services  provided  to  an  eligible
adult,  reimbursement] for the 2008-09 school year shall not exceed 62.8
percent of the lesser of such approvable costs per contact hour  or  ten
dollars  and  sixty-five  cents  per  contact hour [where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult and], reimbursement for the 2009-10 school year shall  not  exceed
64.1  percent of the lesser of such approvable costs per contact hour or
eleven dollars and fifty cents per contact hour [where  a  contact  hour
represents sixty minutes of instruction services provided to an eligible
adult],  REIMBURSEMENT  FOR  THE 2010--2011 SCHOOL YEAR SHALL NOT EXCEED
62.6 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR  OR
TWELVE DOLLARS AND FIVE CENTS PER CONTACT HOUR AND REIMBURSEMENT FOR THE
2011--2012  SCHOOL  YEAR  SHALL NOT EXCEED 62.9 PERCENT OF THE LESSER OF
SUCH APPROVABLE COSTS PER CONTACT HOUR OR  TWELVE  DOLLARS  AND  FIFTEEN
CENTS PER CONTACT HOUR, WHERE A CONTACT HOUR REPRESENTS SIXTY MINUTES OF
INSTRUCTION SERVICES PROVIDED TO AN ELIGIBLE ADULT.  Notwithstanding any
other  provision  of  law  to the contrary, [for the 2006-07 school year
such contact hours shall not exceed one  million  nine  hundred  twenty-
three  thousand  seventy-six  (1,923,076) hours; whereas for the 2007-08
school year such contact  hours  shall  not  exceed  one  million  eight
hundred  thirty-seven thousand sixty (1,837,060) hours; whereas] for the
2008-09 school year such contact hours shall not exceed one million nine
hundred forty-six thousand one hundred seven (1,946,107) hours;  whereas
for  the  2009-10  school  year  such contact hours shall not exceed one
million  seven  hundred  sixty-three   thousand   nine   hundred   seven
(1,763,907)  hours;  WHEREAS FOR THE 2010--2011 SCHOOL YEAR SUCH CONTACT
HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED TWENTY-FIVE THOUSAND ONE
HUNDRED NINETY-EIGHT  (1,525,198)  HOURS;  WHEREAS  FOR  THE  2011--2012
SCHOOL  YEAR  SUCH  CONTACT  HOURS  SHALL  NOT  EXCEED ONE MILLION SEVEN
HUNDRED ONE THOUSAND FIVE HUNDRED SEVENTY (1,701,570) HOURS.    Notwith-
standing  any  other provision of law to the contrary, the apportionment
calculated for the city school district of the city of New York pursuant
to subdivision 11 of section 3602 of the education law shall be computed
as if such contact hours provided by the consortium  for  worker  educa-
tion,  not  to  exceed the contact hours set forth herein, were eligible
for aid in accordance with the provisions  of  such  subdivision  11  of
section 3602 of the education law.
  S  66. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion p to read as follows:
  P. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF  PAYMENTS FOR THE 2011--2012 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION  SHALL
WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORKFORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE  CREDITED
TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).

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

  S 67. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, as amended by chapter 2 of  the  laws
of 2011, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2011] 2012.
  S 68. Subdivision 1 of section 167 of chapter 169 of the laws of  1994
relating  to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by chapter 2 of the laws of 2011, is amended to read as follows:
  1. Sections one through seventy of this act shall be  deemed  to  have
been  in  full  force  and effect as of April 1, 1994 provided, however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only  to  hearings  commenced  prior  to September 1, 1994, and provided
further that section twenty-six of this act shall expire and  be  deemed
repealed  on  March  31,  1997;  and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed  repealed  on  March
31,  1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
deemed repealed on March 31, [2012] 2013.
  S  69. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and certain other laws  relating  to
state  aid  to  school  districts and the appropriation of funds for the
support of government, as amended by chapter 2 of the laws of 2011,  are
amended to read as follows:
  (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act  shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2011] 2012 at which time it shall be deemed repealed;
  (24)  sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on  and  after
July 1, 1995; provided further, however, that the amendments made pursu-
ant  to  section  one hundred nineteen of this act shall be deemed to be
repealed on and after July 1, [2011] 2012;
  S 70. Section 2 of chapter 386 of  the  laws  of  1996,  amending  the
education  law  relating to providing for a waiver allowing state aid in
certain circumstances, as amended by chapter 2 of the laws of  2011,  is
amended to read as follows:
  S  2.  This  act  shall  take  effect  immediately,  provided that the
provisions of this act shall be deemed to have been in  full  force  and
effect  on  and  after January 1, 1996[, and provided, further that this
act shall be deemed repealed on and after January 1, 2015].
  S 71. Section 7 of chapter 472 of the laws of 1998 amending the educa-
tion law relating to the lease of school buses by school  districts,  as
amended  by  section  46 of part A of chapter 57 of the laws of 2009, is
amended to read as follows:
  S 7. This act shall take effect September 1, 1998,  and  shall  expire
and be deemed repealed September 1, [2011] 2013.
  S  72.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter  school  or BOCES employees, as amended by chapter 2 of the laws
of 2011, is amended to read as follows:

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

  S 12. This act shall take effect on the same date as  chapter  180  of
the laws of 2000 takes effect, and shall expire July 1, [2011] 2012 when
upon such date the provisions of this act shall be deemed repealed.
  S  73.  Section  4  of  chapter  425 of the laws of 2002, amending the
education law relating to  the  provision  of  supplemental  educational
services,  attendance  at  a  safe  public  school and the suspension of
pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
amended by chapter 2 of the laws of 2011, is amended to read as follows:
  S  4.  This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2011] 2012.
  S 74. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by chapter 2 of the laws of 2011, is amended to read
as follows:
  S  5.  This  act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be  deemed  repealed  on
June 30, [2011] 2012.
  S 75. Paragraph a-1 of subdivision 11 of section 3602 of the education
law,  as  amended  by  section 39 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
  a-1. Notwithstanding the provisions of paragraph a  of  this  subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through   two   thousand   nine--two  thousand  ten,  AND  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE, the commissioner may set  aside  an  amount
not  to  exceed two million five hundred thousand dollars from the funds
appropriated for purposes of this subdivision for the purpose of serving
persons twenty-one years of age or older who have not been  enrolled  in
any  school  for  the  preceding school year, including persons who have
received a high school diploma or high school  equivalency  diploma  but
fail  to  demonstrate basic educational competencies as defined in regu-
lation by the  commissioner,  when  measured  by  accepted  standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
  S 76. Intentionally omitted.
  S 77. Intentionally omitted.
  S 78. Intentionally omitted.
  S 79. Subdivision 11 of section 94 of part C of chapter 57 of the laws
of  2004,  relating  to support of education, as amended by chapter 2 of
the laws of 2011, is amended to read as follows:
  11. section seventy-one  of  this  act  shall  expire  and  be  deemed
repealed June 30, [2011] 2012;
  S  80. Section 6-p of the general municipal law is amended by adding a
new subdivision 11 to read as follows:
  11. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  A
BOARD  OF COOPERATIVE EDUCATIONAL SERVICES THAT HAS BEEN DETERMINED UPON
STATE AUDIT OR IN ITS ANNUAL INDEPENDENT AUDIT TO  HAVE  ACCUMULATED  AN
EXCESS  IN  SUCH  FUND  OVER  THE  SUM SUFFICIENT TO PAY ALL LIABILITIES
INCURRED OR ACCRUED AGAINST IT SHALL WITHDRAW THE AMOUNT OF SUCH  EXCESS
AS  OF  THE  DATE  OF WITHDRAWAL AND SHALL DISTRIBUTE SUCH AMOUNT TO ALL
SCHOOL DISTRICTS THAT PAID TO  SUCH  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  MONEYS THAT WERE DEPOSITED TO SUCH FUND IN THE SAME PROPORTION
AS THE TOTAL PAYMENTS FROM SUCH SCHOOL DISTRICT INTO SUCH FUND BEARS  TO
THE  TOTAL PAYMENTS FROM ALL SCHOOL DISTRICTS INTO SUCH FUND, OR, AT THE
REQUEST OF THE SCHOOL DISTRICT, MAY USE SUCH AMOUNT TO OFFSET THE ADMIN-
ISTRATIVE AND CAPITAL EXPENSES PAYABLE BY THE  SCHOOL  DISTRICT  IN  THE
CURRENT  SCHOOL  YEAR,  AND  ANY SUCH AMOUNT ATTRIBUTABLE TO AN APPROVED

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

COST OF SERVICE COMPUTED PURSUANT TO SUBDIVISION FIVE OF  SECTION  NINE-
TEEN  HUNDRED  FIFTY  OF  THE EDUCATION LAW SHALL NOT BE INCLUDED IN THE
APPROVED COST OF SERVICES  COMPUTED  PURSUANT  TO  SUBDIVISION  FIVE  OF
SECTION  NINETEEN  HUNDRED  FIFTY  OF THE EDUCATION LAW. SUCH WITHDRAWAL
SHALL BE MADE WITHIN THIRTY DAYS AFTER THE AUDIT BECOMES FINAL OR WITHIN
THIRTY DAYS AFTER THIS SUBDIVISION TAKES EFFECT, WHICHEVER IS LATER.
  S 80-a. Paragraph b of subdivision 5 of section 1950 of the  education
law, as amended by chapter 53 of the laws of 1990, is amended to read as
follows:
  b.  The  cost of services herein referred to shall be the amount allo-
cated to each component school district  by  the  board  of  cooperative
educational  services to defray expenses of such board, except that that
part of the salary paid any teacher, supervisor or other employee of the
board of cooperative educational services which is in excess  of  thirty
thousand  dollars shall not be such an approved expense, and except also
that administrative and clerical expenses shall not exceed  ten  percent
of  the  total  expenses  for  purposes  of this computation. Any gifts,
donations or interest earned by the  board  of  cooperative  educational
services  or  on behalf of the board of cooperative educational services
by the dormitory authority or any other source shall not be deducted  in
determining  the  cost  of  services  allocated to each component school
district. ANY PAYMENTS MADE TO A COMPONENT SCHOOL DISTRICT BY THE  BOARD
OF  COOPERATIVE  EDUCATIONAL  SERVICES PURSUANT TO SUBDIVISION ELEVEN OF
SECTION SIX-P OF THE GENERAL MUNICIPAL LAW ATTRIBUTABLE TO  AN  APPROVED
COST  OF SERVICE COMPUTED PURSUANT TO THIS SUBDIVISION SHALL BE DEDUCTED
FROM THE COST OF SERVICES ALLOCATED TO SUCH COMPONENT  SCHOOL  DISTRICT.
The  expense  of  transportation  provided  by  the board of cooperative
educational services pursuant to paragraph q of subdivision four of this
section shall be eligible for aid apportioned  pursuant  to  subdivision
seven  of section thirty-six hundred two of this chapter and no board of
cooperative educational services  transportation  expense  shall  be  an
approved cost of services for the computation of aid under this subdivi-
sion. Transportation expense pursuant to paragraph q of subdivision four
of  this section shall be included in the computation of the ten percent
limitation on administrative and clerical expenses.
  S 81. Section 6-p of the general municipal law is amended by adding  a
new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE GOVERN-
ING BOARD OF A SCHOOL DISTRICT MAY, DURING THE TWO THOUSAND  ELEVEN--TWO
THOUSAND TWELVE SCHOOL YEAR, AUTHORIZE A WITHDRAWAL FROM THIS FUND IN AN
AMOUNT NOT TO EXCEED THE LESSER OF: (A) THE DOLLAR VALUE OF EXCESS FUND-
ING  IN  THE  FUND  AS DETERMINED BY THE COMPTROLLER PURSUANT TO SECTION
THIRTY-THREE OF THIS CHAPTER OR (B) THE AMOUNT OF THE SCHOOL  DISTRICT'S
GAP  ELIMINATION  ADJUSTMENT AS CALCULATED BY THE COMMISSIONER OF EDUCA-
TION PURSUANT TO SUBDIVISION SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO
OF THE EDUCATION LAW. FUNDS WITHDRAWN PURSUANT TO THIS  SUBDIVISION  MAY
ONLY  BE  USED  FOR  THE  PURPOSE OF MAINTAINING EDUCATIONAL PROGRAMMING
DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE  SCHOOL  YEAR  WHICH
OTHERWISE  WOULD  HAVE  BEEN REDUCED AS A RESULT OF SUCH GAP ELIMINATION
ADJUSTMENT. GOVERNING BOARDS WHICH MAKE SUCH A WITHDRAWAL SHALL  SUBMIT,
IN A FORM PRESCRIBED BY THE COMMISSIONER OF EDUCATION, RELEVANT INFORMA-
TION  ABOUT  THE  WITHDRAWAL, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO,
THE AMOUNT OF SUCH WITHDRAWAL, THE DATE OF WITHDRAWAL, AND  THE  USE  OF
SUCH WITHDRAWN FUNDS.
  S 82. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in

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

the 2011-2012 school year, the commissioner of education shall  allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative education services pursuant to sections 3650-a,  3650-b  and
3650-c of the education law, or for contracts directly with not-for-pro-
fit  educational  organizations  for  the purposes of this section. Such
payments shall not exceed four hundred thousand dollars  ($400,000)  per
school year.
  S  83.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by the chapter of the laws of 2011  enacting
the  local assistance budget shall be apportioned for the 2011--12 state
fiscal year in accordance with the provisions of sections 271, 272, 273,
282, 284, and 285 of the education law as amended by the  provisions  of
this  chapter  and the provisions of this section, provided that library
construction aid pursuant to section 273-a of the  education  law  shall
not  be  payable  from  the  appropriations  for  the  support of public
libraries and provided  further  that  no  library,  library  system  or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding any other provision of law to the contrary the  moneys
appropriated for the support of public libraries for the year 2011--2012
by  a  chapter  of the laws of 2011 enacting the local assistance budget
shall fulfill the state's obligation to provide such aid  and,  pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant  to  such  appropriations  shall  be reduced proportionately to
assure that the total amount of aid payable does not  exceed  the  total
appropriations for such purpose.
  S  84.  Special apportionment for salary expenses.  a. Notwithstanding
any other provision of law, upon  application  to  the  commissioner  of
education,  not  sooner  than  the first day of the second full business
week of June, 2012 and not later than the last day  of  the  third  full
business  week  of  June, 2012, a school district eligible for an appor-
tionment pursuant to section 3602 of the education law shall be eligible
to receive an apportionment pursuant to this  section,  for  the  school
year  ending June 30, 2012, for salary expenses incurred between April 1
and June 30, 2012 and such apportionment shall not exceed the sum of (i)
the deficit reduction assessment of 1990-91 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city  with  a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such  amount  for  a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants  accord-
ing  to  the  latest  federal  census  plus (iv) the net gap elimination
adjustment for 2010-2011, as determined by the commissioner of education
pursuant to chapter fifty-three of the laws of two  thousand  ten,  plus
(v)  the  gap  elimination  adjustment  for 2011-12 as determined by the
commissioner of education pursuant to subdivision 17 of section 3602  of
the  education  law,  and provided further that such apportionment shall
not exceed such salary expenses. Such application shall  be  made  by  a
school district, after the board of education or trustees have adopted a
resolution  to do so and in the case of a city school district in a city
with a population in excess of 125,000 inhabitants, with the approval of
the mayor of such city.

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

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

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

law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 86. a. Notwithstanding any other law,  rule  or  regulation  to  the
contrary,  any moneys appropriated to the state education department may
be suballocated to other state departments or agencies,  as  needed,  to
accomplish the intent of the specific appropriations contained therein.
  b.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from  the  general
fund/aid  to  localities,  local  assistance  account-001,  shall be for
payment of financial assistance, as  scheduled,  net  of  disallowances,
refunds, reimbursement and credits.
  c.  Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education  department  for  aid  to
localities shall be available for payment of aid heretofore or hereafter
to  accrue  and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
  d. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to  the  state  education  department  for general
support for public schools may be interchanged with any  other  item  of
appropriation  for general support for public schools within the general
fund local assistance account office of  prekindergarten  through  grade
twelve education program.
  S 87. Notwithstanding the provision of any law, rule, or regulation to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its  geographic region may purchase from
such board for the  2011-12  school  year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  88.  The amounts specified in this section shall be a setaside from
the state funds which each such district is  receiving  from  the  total
foundation aid:
  a.  for  the  purpose  of the development, maintenance or expansion of
magnet schools or magnet school programs for the two  thousand  eleven--
two thousand twelve school year. To the city school district of the city
of  New  York there shall be paid forty-eight million one hundred seven-

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

ty-five thousand dollars ($48,175,000) including five  hundred  thousand
dollars  ($500,000)  for  the Andrew Jackson High School; to the Buffalo
city school district, twenty-one million  twenty-five  thousand  dollars
($21,025,000);  to  the  Rochester city school district, fifteen million
dollars ($15,000,000); to the Syracuse city  school  district,  thirteen
million  dollars  ($13,000,000);  to  the  Yonkers city school district,
forty-nine million five hundred thousand dollars, ($49,500,000); to  the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); to the Poughkeepsie city school district, two
million  four hundred seventy-five thousand dollars ($2,475,000); to the
Mount Vernon city school district, two million dollars ($2,000,000);  to
the  New  Rochelle  city  school  district, one million four hundred ten
thousand dollars ($1,410,000); to the Schenectady city school  district,
one  million  eight  hundred  thousand dollars ($1,800,000); to the Port
Chester city school district, one million  one  hundred  fifty  thousand
dollars  ($1,150,000);  to  the  White Plains city school district, nine
hundred thousand dollars ($900,000); to the Niagara  Falls  city  school
district,  six  hundred  thousand dollars ($600,000); to the Albany city
school district, three  million  five  hundred  fifty  thousand  dollars
($3,550,000);  to  the  Utica  city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the  Middletown  city  school  district,
four  hundred  thousand  dollars  ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh  central  school  district,   three   hundred   thousand   dollars
($300,000);  to  the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the  Peekskill  city  school  district,  two
hundred  thousand  dollars  ($200,000);  and  to  the Hudson city school
district, four hundred thousand dollars ($400,000).
  b. notwithstanding the provisions of paragraph a of this  subdivision,
a school district receiving a grant pursuant to this subdivision may use
such  grant  funds  for:  (i) any instructional or instructional support
costs associated with the operation of a  magnet  school;  or  (ii)  any
instructional or instructional support costs associated with implementa-
tion  of an alternative approach to reduction of racial isolation and/or
enhancement of the instructional program and  raising  of  standards  in
elementary  and secondary schools of school districts having substantial
concentrations of minority students. The commissioner of education shall
not be authorized to withhold magnet grant funds from a school  district
that  used such funds in accordance with this paragraph, notwithstanding
any inconsistency with a request for proposals issued  by  such  commis-
sioner.
  c.  for  the  purpose of attendance improvement and dropout prevention
for the two thousand eleven--two thousand twelve school  year,  for  any
city  school  district  in  a  city having a population of more than one
million, the setaside for attendance improvement and dropout  prevention
shall  equal the amount set aside in the base year. For the two thousand
eleven--two thousand twelve school year, it is further provided that any
city school district in a city having a  population  of  more  than  one
million shall allocate at least one-third of any increase from base year
levels  in funds set aside pursuant to the requirements of this subdivi-
sion to community-based organizations. Any increase required pursuant to
this subdivision to community-based organizations must be in addition to
allocations provided to community-based organizations in the base year.
  d. for the purpose of teacher support for the two thousand eleven--two
thousand twelve school year: to the city school district of the city  of

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

New  York,  sixty-two  million  seven  hundred  seven  thousand  dollars
($62,707,000); to the Buffalo city school district,  one  million  seven
hundred  forty-one  thousand dollars ($1,741,000); to the Rochester city
school  district, one million seventy-six thousand dollars ($1,076,000);
to the Yonkers city school district, one million one hundred forty-seven
thousand dollars ($1,147,000); and to the Syracuse city school district,
eight hundred nine thousand dollars ($809,000). All funds made available
to a school district pursuant to this subdivision shall  be  distributed
among  teachers including prekindergarten teachers and teachers of adult
vocational and academic subjects in accordance with this subdivision and
shall be in addition to salaries heretofore or hereafter  negotiated  or
made  available;  provided, however, that all funds distributed pursuant
to this section for the current year shall be deemed to incorporate  all
funds  distributed  pursuant to former subdivision 27 of section 3602 of
the education law for prior years. In school districts where the  teach-
ers  are  represented by certified or recognized employee organizations,
all salary increases funded pursuant to this section shall be determined
by separate collective negotiations conducted pursuant to the provisions
and procedures of article 14 of the civil service  law,  notwithstanding
the  existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
  S 89. Severability. The provisions of this act shall be severable, and
if the application of  any  clause,  sentence,  paragraph,  subdivision,
section  or  part  of  this  act  to any person or circumstance shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of  this  act  or  remainder  thereof,  as the case may be, to any other
person or circumstance, but shall be confined in its  operation  to  the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  90.  This act shall take effect immediately; and shall be deemed to
have been in full force and effect on and after April 1, 2011, provided,
however, that:
  1. sections seventy-two through seventy-four of this  act  shall  take
effect  immediately  and  shall be deemed to have been in full force and
effect on and after June 30, 2011;
  2. sections two, three, thirty-nine, sixty-five and sixty-six of  this
act  shall  take  effect immediately and shall be deemed to have been in
full force and effect on and after July 1, 2010;
  3. sections twenty-one, twenty-two, twenty-five through  twenty-seven,
thirty-five  through  thirty-eight,  forty-two,  forty-three, forty-six,
fifty-one through fifty-four,  fifty-eight  through  sixty,  sixty-four,
seventy-nine,  eighty, eighty-two, eighty-seven and eighty-eight of this
act shall take effect July 1, 2011;
  4. section sixty-seven of this act shall take effect immediately,  and
shall  be  deemed to have been in full force and effect on and after the
effective date of section 85 of part H of chapter  83  of  the  laws  of
2002;
  5.  section  sixty-eight  of  this act shall be deemed to have been in
full force and effect on and after the effective date of section 101  of
chapter 436 of the laws of 1997;
  6.  section  sixty-nine of this act shall take effect immediately, and
shall be deemed to have been in full force and effect as of  the  effec-
tive date of section 140 of chapter 82 of the laws of 1995;

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

  7. section seventy of this act shall take effect immediately and shall
be  deemed to have been in full force and effect on and after January 1,
2011;
  8.  section  eighty-six of this act shall take effect immediately, and
shall be deemed to have been in full force and effect on and after April
1, 2010 and shall be deemed repealed on March 31, 2012;
  9. the amendments to subdivision 1 of section 2856  of  the  education
law made by section twenty-one of this act shall be subject to the expi-
ration  and  reversion  of such subdivision pursuant to subdivision d of
section 27 of chapter 378 of the laws of 2007,  as  amended,  when  upon
such  date  the  provisions of section twenty-two of this act shall take
effect;
  10.  the amendments to subdivision 6 of section 4402 of the  education
law, made by section fifty-eight of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith; and
  11.  the  amendments  to  subdivision  b of section 2 and section 4 of
chapter 756 of the laws of 1992 relating to funding a program  for  work
force  education conducted by the consortium for worker education in New
York city, made by sections sixty-five and sixty-six of this  act  shall
not  affect  the  repeal  of  such sections and shall be deemed repealed
therewith.

                                PART A-1

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

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

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

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

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

                                 PART B

  Section 1. Section 3641 of the education law is amended  by  adding  a
new subdivision 5 to read as follows:
  5.  SCHOOL  DISTRICT  MANAGEMENT EFFICIENCY AWARDS PROGRAM.  A. WITHIN
THE AMOUNT APPROPRIATED FOR SUCH PURPOSE, SUBJECT TO A PLAN DEVELOPED IN
CONSULTATION WITH THE SECRETARY OF STATE AND APPROVED BY THE DIRECTOR OF
THE BUDGET, THE COMMISSIONER SHALL AWARD COMPETITIVE GRANTS PURSUANT  TO
THIS SUBDIVISION FOR ACHIEVING SCHOOL DISTRICT MANAGEMENT EFFICIENCIES.
  (1)  SUCH  PLAN  SHALL  INCLUDE  BUT NOT BE LIMITED TO: THE PROCESS BY
WHICH A REQUEST FOR PROPOSALS IS DEVELOPED; THE SCORING RUBRIC BY  WHICH
SUCH  PROPOSALS WILL BE EVALUATED; THE FORM AND MANNER BY WHICH APPLICA-
TIONS WILL BE SUBMITTED; THE MANNER BY WHICH CALCULATION OF  THE  AMOUNT
OF  THE AWARD WAS DETERMINED, INCLUDING ESTABLISHING BENCHMARKS BASED ON
ACTUAL COST SAVINGS THAT MUST BE MET BEFORE ANY AWARDS ARE PAID; AND THE
TIMELINE FOR THE ISSUANCE AND REVIEW  OF  APPLICATIONS  TO  ENSURE  THAT
GRANTS  WILL  BE FIRST AWARDED DURING THE TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE SCHOOL YEAR.
  (2) THE COMMISSIONER SHALL BE AUTHORIZED,  CONSISTENT  WITH  THE  PLAN
REQUIRED  BY  THIS PARAGRAPH, TO PROMULGATE RULES AND REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION.
  B. A RESPONSE TO A REQUEST  FOR  PROPOSALS  ISSUED  PURSUANT  TO  THIS
SUBDIVISION  MAY  BE SUBMITTED BY A SCHOOL DISTRICT OR JOINTLY BY TWO OR
MORE SCHOOL DISTRICTS WHO HAVE DEMONSTRATED TO THE SATISFACTION  OF  THE
COMMISSIONER THAT:
  (1)  ONE OR MORE LONG TERM EFFICIENCIES IN SCHOOL DISTRICT MANAGEMENT,
OPERATIONS, PROCUREMENT PRACTICES OR OTHER COST  SAVINGS  MEASURES  THAT
HAVE  NOT  AND  WILL  NOT  RESULT IN AN INCREASE IN COST TO THE STATE OR
LOCALITY HAVE BEEN IMPLEMENTED;
  (2) SUCH EFFICIENCIES HAVE BEEN IMPLEMENTED WITHIN TWO YEARS PRIOR  TO
A  RESPONSE  TO A REQUEST FOR PROPOSALS ISSUED PURSUANT TO THIS SUBDIVI-
SION OR WILL BE IMPLEMENTED DURING THE CURRENT SCHOOL YEAR;
  (3) SUCH EFFICIENCIES HAVE RESULTED OR WILL RESULT  IN  A  SIGNIFICANT
REDUCTION IN TOTAL OPERATING EXPENSES COMPARED TO THE PRIOR YEAR, IN THE

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

ADMINISTRATIVE  COMPONENT,  OR  THE  EQUIVALENT,  OF THE SCHOOL DISTRICT
BUDGET, IN TRANSPORTATION OPERATING EXPENSES, IN TRANSPORTATION  CAPITAL
EXPENSES,  AND/OR  IN  OTHER  NON-PERSONAL SERVICE COSTS INCLUDED IN THE
PROGRAM  COMPONENT  OF  THE  SCHOOL  DISTRICT BUDGET, OR THE EQUIVALENT,
COMPARED TO THE PRIOR YEAR; AND
  (4) SUCH EFFICIENCIES  ARE  EXPECTED  TO  RESULT  IN  SUBSTANTIAL  AND
SUSTAINABLE COST SAVINGS IN FUTURE YEARS; AND
  (5)  IF  TWO  OR  MORE SCHOOL DISTRICTS ARE APPLYING JOINTLY, AND HAVE
ENTERED A SHARED SERVICES AGREEMENT AS AUTHORIZED BY LAW,  THAT  SIGNIF-
ICANT  SAVINGS  WOULD RESULT FROM SUCH SHARED SERVICES; PROVIDED THAT IN
NO EVENT SHALL DISTRICTS THAT HAVE ENTERED INTO AN  AIDABLE  COOPERATIVE
EDUCATIONAL  SERVICES  AGREEMENT  FOR  ANY SUCH SERVICES WITH A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO  SECTION  NINETEEN  HUNDRED
FIFTY OF THIS CHAPTER BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION  FOR THE SAME PURPOSE, BUT MAY BE ELIGIBLE FOR AN AWARD PURSUANT TO
THIS SUBDIVISION FOR ANOTHER SHARED LONG TERM EFFICIENCY OR COST  SAVING
MEASURE. PROVIDED HOWEVER, A DISTRICT WHICH HAS RECEIVED AN AWARD PURSU-
ANT  TO  THE  LOCAL  GOVERNMENT  EFFICIENCY  GRANT PROGRAM AUTHORIZED BY
SUBDIVISION TEN OF SECTION FIFTY-FOUR OF THE STATE  FINANCE  LAW,  SHALL
NOT BE ELIGIBLE TO RECEIVE AN AWARD PURSUANT TO THIS SUBDIVISION FOR THE
SAME PURPOSE, BUT MAY BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION FOR ANOTHER LONG TERM EFFICIENCY OR COST SAVINGS MEASURE.
  C.  THE  COMMISSIONER  SHALL  GRANT PRIORITY TO APPLICATIONS THAT HAVE
DEMONSTRATED THAT THE LONG TERM EFFICIENCIES THAT HAVE BEEN IMPLEMENTED:
(1) ARE INNOVATIVE IN THE MANNER THAT THE MANAGEMENT  OR  ORGANIZATIONAL
STRUCTURE MAY BE CHANGED TO GENERATE SIGNIFICANT SAVINGS WHILE MAINTAIN-
ING  OR IMPROVING STUDENT ACHIEVEMENT; (2) HAVE THE PARTICIPATION OF THE
TEACHERS, PARENTS AND/OR OTHER STAKEHOLDERS IN THE SCHOOL DISTRICT;  (3)
ARE MEASURES OR STRATEGIES THAT OTHER SCHOOL DISTRICTS CAN REPLICATE; OR
(4) HAVE THE GREATEST QUANTIFIABLE SAVINGS THAT WILL BE SUSTAINABLE.
  D.  A SCHOOL DISTRICT OR SCHOOL DISTRICTS SEEKING A GRANT SHALL SUBMIT
AN APPLICATION TO THE COMMISSIONER IN A FORM AND MANNER AND BY A DATE AS
PRESCRIBED BY THE COMMISSIONER. THE COMMISSIONER MAY  CONSULT  WITH  ANY
OTHER  STATE AGENCY ABOUT SUCH GRANTS AND EACH SUCH AGENCY SHALL COOPER-
ATE IN ASSISTING IN THE ANALYSIS OF GRANT APPLICATIONS.
  E. THE AMOUNT OF THE GRANT AWARD, INCLUDING THE MAXIMUM  GRANT  AMOUNT
AVAILABLE  TO  ANY  DISTRICT  OR  DISTRICTS,  SHALL BE DETERMINED BY THE
COMMISSIONER, CONSISTENT WITH THE PLAN DEVELOPED PURSUANT TO PARAGRAPH A
OF THIS SUBDIVISION PROVIDED THAT THE AMOUNT OF  SUCH  AWARDS  SHALL  BE
BASED  UPON  THE  SIZE  OF  THE DISTRICT OR SCHOOL DISTRICTS MEASURED BY
PUBLIC SCHOOL ENROLLMENT OF THE DISTRICT OR DISTRICTS,  EXCEPT  THAT  NO
SINGLE  DISTRICT RECEIVING A GRANT AND NO GROUP OF DISTRICTS RECEIVING A
GRANT JOINTLY MAY BE AWARDED MORE THAN FORTY PERCENT OF THE TOTAL AMOUNT
OF GRANT AWARDS MADE PURSUANT TO THIS SUBDIVISION; AND PROVIDED  FURTHER
THAT SUCH AMOUNT MAY BE ADJUSTED BASED UPON MEASURES OF DISTRICT NEED.
  S  2.  Section  3641  of  the education law is amended by adding a new
subdivision 6 to read as follows:
  6. SCHOOL DISTRICT PERFORMANCE IMPROVEMENT AWARDS GRANT.    A.  WITHIN
THE  AMOUNTS APPROPRIATED FOR SUCH PURPOSE, THE COMMISSIONER SHALL AWARD
COMPETITIVE GRANTS TO ELIGIBLE SCHOOL DISTRICTS PURSUANT TO THIS  SUBDI-
VISION  THAT  HAVE  DEMONSTRATED  THE MOST IMPROVED ACADEMIC ACHIEVEMENT
GAINS AND STUDENT OUTCOMES, AS WELL  AS  HAVING  IMPLEMENTED  STRATEGIES
THAT  HAVE  THE  MOST  POTENTIAL  FOR  CONTINUED IMPROVEMENTS IN STUDENT
PERFORMANCE, NARROWING STUDENT ACHIEVEMENT GAPS AND INCREASING  ACADEMIC
PERFORMANCE IN TRADITIONALLY UNDERSERVED STUDENT GROUPS.
  B. THE COMMISSIONER SHALL:

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

  (1)  DEVELOP  A  COMPETITIVE  REQUEST  FOR  PROPOSALS,  WHICH SHALL BE
APPROVED BY THE DIRECTOR OF THE BUDGET, TO BE ISSUED ON OR BEFORE  OCTO-
BER  FIRST,  TWO THOUSAND ELEVEN AND SHALL ENSURE THAT GRANTS WILL FIRST
BE AWARDED PURSUANT TO THIS SUBDIVISION DURING THE TWO THOUSAND  ELEVEN-
TWO THOUSAND TWELVE SCHOOL YEAR.
  (2)  CREATE A PEER REVIEW PANEL AND PROCESS AND A SCORING RUBRIC TO BE
USED IN THE EVALUATION OF APPLICATIONS DURING SUCH PROCESS. SUCH SCORING
RUBRIC SHALL GIVE PRIORITY TO THOSE ELIGIBLE SCHOOL DISTRICTS THAT  HAVE
THE MOST SIGNIFICANT MEASURABLE IMPROVEMENTS IN ACADEMIC ACHIEVEMENT AND
STUDENT  OUTCOMES; AND HAVE (A) IMPLEMENTED RIGOROUS PROGRAMS TO IMPROVE
MIDDLE SCHOOL STUDENT PERFORMANCE; (B)  NEWLY  ESTABLISHED  OR  EXPANDED
PARTICIPATION  IN  COLLEGE  LEVEL OR EARLY COLLEGE PROGRAMS; (C) SIGNIF-
ICANTLY INCREASED COLLEGE ADMISSION  RATES;  (D)  EXEMPLARY  CAREER  AND
TECHNICAL  EDUCATION  PROGRAMS  WITH  A  RECORD  OF  SUCCESSFUL  STUDENT
OUTCOMES; OR (E) OTHER INNOVATIVE AND REPLICABLE STRATEGIES FOR  STUDENT
ACHIEVEMENT.   PROVIDED FURTHER THAT SUCH RUBRIC SHALL GRANT PRIORITY TO
THOSE ELIGIBLE DISTRICTS WHOSE  PROGRAMS  BENEFIT  STUDENTS  HAVING  THE
GREATEST EDUCATIONAL NEEDS, INCLUDING BUT NOT LIMITED TO:
  (A) STUDENTS WITHIN TRADITIONALLY UNDERSERVED STUDENT GROUPS;
  (B)  STUDENTS  WITH  LIMITED  ENGLISH PROFICIENCY AND STUDENTS WHO ARE
ENGLISH LANGUAGE LEARNERS;
  (C) STUDENTS IN POVERTY;
  (D) STUDENTS WITH DISABILITIES; AND
  (E) STUDENTS WITH LOW ACADEMIC ACHIEVEMENT.
  (3) BE AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS  NECESSARY  FOR
THE IMPLEMENTATION OF THIS SUBDIVISION.
  C. TO BE AN ELIGIBLE APPLICANT, A SCHOOL DISTRICT MUST:
  (1)  HAVE  A  RACE TO THE TOP FINAL SCOPE OF WORK THAT WAS APPROVED BY
THE COMMISSIONER BY FEBRUARY FIFTEENTH, TWO THOUSAND ELEVEN; AND/OR
  (2) HAVE DEMONSTRATED SATISFACTORY  PROGRESS,  AS  DETERMINED  BY  THE
COMMISSIONER,  TOWARDS  IMPLEMENTATION  OF ELEMENTS SUCH AS HIGH QUALITY
STUDENT ASSESSMENTS, USE OF DATA  TO  IMPROVE  INSTRUCTION  AND  STUDENT
PERFORMANCE,  PROVISION  OF  PROFESSIONAL DEVELOPMENT TO IMPROVE TEACHER
PERFORMANCE; AND
  (3) BE AMONG THE  SCHOOL  DISTRICTS  SHOWING  THE  GREATEST  GAINS  IN
STUDENT PERFORMANCE IN ITS CATEGORY OF DISTRICT IN THE PRIOR SCHOOL YEAR
AS  REFLECTED BY INCREASES IN STUDENT OUTCOME, AS WELL AS OTHER MEASURES
FOR CLOSING THE ACHIEVEMENT GAP, IMPROVING HIGH SCHOOL  PERFORMANCE  AND
GRADUATION  RATES, AND INCREASING COLLEGE ATTENDANCE AND RETENTION RATES
AS COMPARED TO STUDENT PERFORMANCE IN  THOSE  AREAS  IN  THE  APPLICABLE
BASELINE YEAR.
  D. FOR PURPOSES OF THIS SUBDIVISION:
  (1) "CATEGORY OF DISTRICT" MEANS:
  (A)  A  HIGH-NEED  LARGE  CITY  CATEGORY  CONSISTING  OF  CITY  SCHOOL
DISTRICTS HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHAB-
ITANTS OR MORE, PROVIDED THAT IN THE CASE OF THE CITY SCHOOL DISTRICT OF
THE CITY OF NEW YORK THE CHANCELLOR SHALL HAVE THE OPTION OF APPLYING ON
BEHALF OF ONE OR MORE COMMUNITY SCHOOL DISTRICTS AND/OR DISTRICT  SEVEN-
TY-FIVE IN LIEU OF APPLYING ON A CITYWIDE BASIS;
  (B) A HIGH-NEED URBAN-SUBURBAN CATEGORY AS DEFINED BY THE COMMISSIONER
BASED  UPON  THE  NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL
DISTRICTS;
  (C) A HIGH-NEED RURAL CATEGORY AS DEFINED BY  THE  COMMISSIONER  BASED
UPON   THE  NEED/RESOURCE  CAPACITY  INDEX  APPLICABLE  TO  SUCH  SCHOOL
DISTRICTS;

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

  (D) AN AVERAGE NEED CATEGORY AS DEFINED BY THE COMMISSIONER BASED UPON
THE NEED/RESOURCE CAPACITY INDEX APPLICABLE TO  SUCH  SCHOOL  DISTRICTS;
AND
  (E)  A LOW NEED CATEGORY AS DEFINED BY THE COMMISSIONER BASED UPON THE
NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL DISTRICTS.
  (2) THE COMMISSIONER SHALL ESTABLISH  A  METHODOLOGY  FOR  DETERMINING
WHICH  DISTRICTS  IN  EACH  CATEGORY OF DISTRICT THAT HAVE APPLIED FOR A
PERFORMANCE IMPROVEMENT GRANT HAVE SHOWN THE GREATEST ACHIEVEMENT GAINS.
PROVIDED, HOWEVER, THAT WHERE A SCHOOL DISTRICT DOES NOT HAVE THE  MINI-
MUM  NUMBER OF STUDENTS SPECIFIED BY THE COMMISSIONER FOR ACCOUNTABILITY
PURPOSES (MINIMUM "N" SIZE) IN ONE OR MORE OF THE FIVE  SUBGROUPS,  SUCH
DISTRICT SHALL NOT BE DISQUALIFIED FROM RECEIVING A GRANT, BUT A PREFER-
ENCE  SHALL  BE GIVEN TO DISTRICTS WITHIN EACH CATEGORY OF DISTRICT WITH
THE HIGHEST NUMBER OF SUBGROUPS MEETING SUCH MINIMUM "N" SIZE.
  E. THE COMMISSIONER SHALL GRANT AWARDS TO  THE  SCHOOL  DISTRICTS,  AS
RECOMMENDED  BY  THE  PEER REVIEW PANEL, AMONG THE VARIOUS CATEGORIES OF
DISTRICTS AND DETERMINE THE AMOUNT OF THE GRANT AWARD FOR EACH  ELIGIBLE
SCHOOL DISTRICT BASED UPON THE PUBLIC SCHOOL ENROLLMENT OF THE DISTRICT,
PROVIDED  THAT  NO  DISTRICT  RECEIVING A GRANT MAY BE AWARDED MORE THAN
FORTY PERCENT OF THE TOTAL AMOUNT OF GRANT AWARDS MADE PURSUANT TO  THIS
SUBDIVISION; AND PROVIDED FURTHER THAT SUCH AMOUNT MAY BE ADJUSTED BASED
UPON MEASURES OF DISTRICT NEED.
  F. ANY SCHOOL DISTRICT RECEIVING AN AWARD PURSUANT TO THIS SUBDIVISION
SHALL  EXPEND GRANT FUNDS IN ACCORDANCE WITH A HIGH-QUALITY PLAN SUBMIT-
TED WITH ITS APPLICATION IN RESPONSE TO THE REQUEST FOR PROPOSALS.  SUCH
PLAN  MUST SPECIFY HOW SUCH FUNDS WILL BE USED TO ENHANCE THE ACTIVITIES
AND STRATEGIES THAT HAVE BEEN OR WILL  BE  IMPLEMENTED  THAT  HAVE  BEEN
DEMONSTRATED  TO BE EFFECTIVE IN, OR SHOW THE MOST PROMISE FOR, INCREAS-
ING STUDENT PERFORMANCE, NARROWING  THE  STUDENT  ACHIEVEMENT  GAP,  AND
INCREASING  ACADEMIC  PERFORMANCE  IN  TRADITIONALLY UNDERSERVED STUDENT
GROUPS.
  S 3. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A, A-1 and B of this act shall be
as specifically set forth in the last section of such Parts.

                                 PART C

  Section 1. Article 9 of the arts and cultural affairs law is REPEALED.
  S 2. Section 97-u of the state finance law is REPEALED.
  S 3. Subdivision 3 of section 97-zzz of  the  state  finance  law,  as
amended  by  section  1  of part Q of chapter 57 of the laws of 2005, is
amended to read as follows:
  3. Moneys of this account, following appropriation by the legislature,
shall be available to support the following agencies and  programs:  (a)
the state education department for services and expenses of the cultural
education  program including operating expenses and capital projects and

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

the New York state summer school of the arts subject to a plan  approved
by the commissioner of education and the director of the budget; AND (b)
[the  New York state theatre institute subject to a plan approved by the
director  of  the  budget; and (c)] the Nelson A. Rockefeller performing
arts center corporation subject to a plan approved by  the  director  of
the budget.
  S  4. Paragraph (w) of subdivision 1 of section 17 of the public offi-
cers law, as added by chapter 131 of the laws of 2010, is REPEALED.
  S 5. Notwithstanding any inconsistent provision of law, all rights and
property previously held by the entity formerly referred to as  the  New
York  State Theatre Institute Corporation, as established in chapter 824
of the laws of 1992, and as repealed in this act, shall pass to  and  be
vested  in  the  State  of  New  York, acting by the commissioner of the
office of general services.
  S 6.  Notwithstanding any other provision of law, the commissioner  of
general  services  is  authorized  to  transfer  and  convey to the Sage
Colleges certain state land described in section seven of this  act  and
certain   personal  property  within  the  improvements  upon  the  land
described in section seven of this act and personal  property  contained
in  storage units 405, 440 and 447 located at Mabey's Storage, 515 Third
Avenue Extension in the City of Rensselaer, County  of  Rensselaer,  and
State of New York and within the trailers located at 34-36 River Street,
in  the  city  of  Troy,  County  of  Rensselaer, and State of New York.
Transfer and conveyance of said land and personal property is to be made
at such time and upon terms and conditions, including consideration,  as
the commissioner of general services may fix and determine.
  S  7.    The  property  authorized  by  this act to be transferred and
conveyed is as follows:
  All that certain piece or parcel of land, situate, lying and being  in
the  First  ward  of  the  City of Troy, Rensselaer County, State of New
York, being more particularly described as follows:
  BEGINNING at a point in the Northeast corner of  Second  and  Division
Streets  in  said City and runs thence Easterly along the northerly line
of Division Street to the westerly line of the alley known  as  Franklin
Street;  running  thence  northerly  along the westerly line of Franklin
Street to the northerly line of Lot #283; running thence westerly  along
said northerly line of said Lot #283 81 feet to the northeasterly corner
of  the  former  Engine House; thence southerly along said former Engine
House parallel to Second Street 13.5 feet; thence  westerly  on  a  line
parallel  to  the northerly line of said lot #283 a distance of 12 feet;
thence southerly on a line parallel to Second Street 11.5  feet;  thence
westerly on a line parallel to the northerly line of said Lot #283 along
the  southerly  wall  of the former Engine House Building 32 feet to the
easterly line of Second Street; thence southerly along the easterly line
of Second Street 50 feet 10 inches to the place of beginning.
  And all that tract or parcel of land, situated in the City of Troy, in
the County of Rensselaer, State of New York and being the south part  of
lot  number  sixty-five and the north part of lot number sixty-four, and
which part of said lots hereby intended to be conveyed are  bounded  and
described as follows:
  BEGINNING  in the westerly boundary line of First Street at the center
of the partition wall which divides the dwelling house lately  owned  by
Eli  Burritt,  deceased,  standing  on said Lot No. 65 from the dwelling
house formerly owned by Ebenezer Wiswall standing  partly  on  said  lot
number  65  and  partly on said lot number 64 at the distance of 30 feet
southerly from the northeast corner of said lot number  65  and  running

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

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

                                 PART D

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

                                SUBPART A

  Section  1.  Paragraph a of subdivision 2 of section 355 of the educa-
tion law, as amended by chapter 552 of the laws of 1985, is  amended  to
read as follows:

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

  a.  To  take, hold and administer on behalf of the state university or
any institution therein, real and  personal  property  or  any  interest
therein  and  the  income  thereof either absolutely or in trust for any
educational or other  purpose  within  the  jurisdiction  and  corporate
purposes  of the state university. The trustees may acquire property for
such purposes by purchase, appropriation or lease and by the  acceptance
of  gifts, grants, bequests and devises, and, within appropriations made
therefor, may equip and furnish buildings and otherwise improve property
owned, used or occupied by the state university or any institution ther-
ein. THE TRUSTEES MAY ACQUIRE PROPERTY BY THE ACCEPTANCE OF  CONDITIONAL
GIFTS,  GRANTS, DEVISES OR BEQUESTS, THE PROVISIONS OF SECTION ELEVEN OF
THE STATE FINANCE LAW NOTWITHSTANDING. Where  real  property  is  to  be
acquired  by  purchase  or  appropriation,  such acquisition shall be in
accordance with the provisions of section three hundred  seven  of  this
chapter  except  that the powers and duties in said section mentioned to
be performed by the commissioner [of education] shall  be  performed  by
the state university trustees.
  S  2.  Subdivision 12 of section 373 of the education law, as added by
chapter 251 of the laws of 1962, is amended to read as follows:
  12. To [make] PROCURE and execute contracts, lease agreements, and all
other instruments necessary or convenient for the exercise of its corpo-
rate powers and the fulfillment of its  corporate  purposes  under  this
article.   NOTWITHSTANDING SUBDIVISION TWO OF SECTION ONE HUNDRED TWELVE
OF THE STATE FINANCE LAW OR ANY OTHER LAW TO THE CONTRARY, FUND PROCURE-
MENTS SHALL NOT BE SUBJECT TO THE PRIOR APPROVAL OF ANY STATE OFFICER OR
AGENCY;
  S 3. The opening paragraph and paragraph d of subdivision 8 of section
376 of the education law, the opening paragraph as  amended  by  chapter
877  of  the laws of 1990 and paragraph d as added by chapter 251 of the
laws of 1962, are amended to read as follows:
  All contracts which are to be awarded  pursuant  to  this  subdivision
shall  be  awarded  by  public  letting in accordance with the following
provisions,  notwithstanding  any  contrary  provision  of  section  one
hundred  thirty-five, one hundred thirty-six, one hundred thirty-nine or
one hundred forty of the state finance law OR ANY OTHER  LAW,  provided,
however,  that  where the estimated expense of any contract which may be
awarded pursuant to this subdivision is  less  than  TWO  HUNDRED  fifty
thousand dollars, a performance bond and a bond for the payment of labor
and  material  may,  in the discretion of the fund, not be required, and
except that in the discretion of the fund, a  contract  may  be  entered
into  for  such  purposes  without  public  letting  where the estimated
expense thereof is less than twenty thousand dollars, or  where  in  the
judgment of the fund an emergency condition exists as a result of damage
to  an existing academic building, dormitory or other facility which has
been caused by an act of God, fire or other casualty, or any other unan-
ticipated, sudden and unexpected occurrence, that has resulted in damage
to or a malfunction in an existing academic building, dormitory or other
facility and involves a pressing necessity for immediate repair,  recon-
struction or maintenance in order to permit the safe continuation of the
use  or  function  of  such  facility, or to protect the facility or the
life, health or safety of any person, and the nature of the work is such
that in the judgment of the fund it would be impractical and against the
public interest to have public  letting;  provided,  however,  that  the
fund,  prior  to  awarding  a contract hereunder because of an emergency
condition notify the comptroller of its intent to award such a contract:

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

  d. [The form of any] ANY contract awarded pursuant to this subdivision
shall [be approved by the attorney general and by  the  comptroller  and
shall]  contain  a clause that the contract shall be deemed executory to
the extent of the moneys  available  and  that  no  liability  shall  be
incurred by the fund beyond the moneys available therefor.
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed June 30, 2016.

                                SUBPART B

  Section 1. Subdivisions 5 and 6 of section 355 of the  education  law,
subdivision  5  as added by chapter 552 of the laws of 1985, paragraph a
of subdivision 5 as amended by chapter 682 of the laws  of  2007,  para-
graph  c  of  subdivision 5 as added by chapter 103 of the laws of 1989,
paragraph d of subdivision 5 as added by chapter 537 of the laws of 1997
and subdivision 6 as amended by chapter 554 of the  laws  of  1985,  are
amended to read as follows:
  5.  Notwithstanding  the  provisions of [paragraph] SUBDIVISION two of
section one hundred twelve and sections one hundred fifteen, one hundred
sixty-one, AND one hundred sixty-three [and one hundred seventy-four] of
the state finance law and sections three and six of the New  York  state
printing  and public documents law or any other law to the contrary, the
state university trustees are authorized and empowered to:
  a. (i) purchase materials, equipment and supplies, including  computer
equipment  and  motor  vehicles[, where the amount for a single purchase
does not exceed twenty thousand dollars],  (ii)  execute  contracts  for
[services  and] construction AND CONSTRUCTION-RELATED SERVICES contracts
[to an amount not exceeding twenty thousand dollars], and (iii) contract
for printing [to an amount not exceeding five thousand dollars], without
prior approval by any other state officer  or  agency,  but  subject  to
rules  and regulations of the state comptroller not otherwise inconsist-
ent with the provisions of this section  and  in  accordance  with  [the
rules  and  regulations]  GUIDELINES promulgated by the state university
board of trustees after consultation with  the  state  comptroller[.  In
addition,  the  trustees,  after  consultation  with the commissioner of
general services, are authorized to annually negotiate  with  the  state
comptroller  increases  in  the  aforementioned  dollar  limits  and the
exemption of any articles, categories of articles  or  commodities  from
these limits.  Rules and regulations promulgated by the state university
board of trustees shall, to the extent practicable, require that compet-
itive  proposals  be solicited for purchases, and shall include require-
ments that purchases and contracts authorized under this section  be  at
the  lowest available price, including consideration of prices available
through other state agencies, consistent with quality requirements,  and
as  will  best  promote  the public interest. Such purchases may be made
directly from any contractor pursuant to any  contract  for  commodities
let by the office of general services or any other state agency];
  A-1.  EXECUTE CONTRACTS FOR SERVICES TO AN AMOUNT NOT EXCEEDING TWENTY
THOUSAND DOLLARS WITHOUT PRIOR APPROVAL BY ANY OTHER  STATE  OFFICER  OR
AGENCY,  BUT  SUBJECT  TO RULES AND REGULATIONS OF THE STATE COMPTROLLER
NOT OTHERWISE INCONSISTENT WITH THE PROVISIONS OF THIS  SECTION  AND  IN
ACCORDANCE WITH THE GUIDELINES PROMULGATED BY THE STATE UNIVERSITY BOARD
OF  TRUSTEES AFTER CONSULTATION WITH THE STATE COMPTROLLER. IN ADDITION,
THE TRUSTEES,  AFTER  CONSULTATION  WITH  THE  COMMISSIONER  OF  GENERAL
SERVICES,  ARE  AUTHORIZED  TO  ANNUALLY  NEGOTIATE WITH THE STATE COMP-

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

TROLLER INCREASES IN THE AFOREMENTIONED DOLLAR LIMITS AND THE  EXEMPTION
OF ANY SERVICES OR CATEGORIES OF SERVICES FROM THESE LIMITS;
  b.  to  establish  cash advance accounts for the purpose of purchasing
materials, supplies, or services, for cash advances for travel  expenses
and per diem allowances, or for advance payment of wages and salary. The
account  may  be  used to purchase such materials, supplies, or services
where the amount of a single  purchase  does  not  exceed  [two  hundred
fifty] ONE THOUSAND dollars, in accordance with such guidelines as shall
be  prescribed  by the state university trustees after consultation with
the state comptroller[.];
  c. establish guidelines  in  consultation  with  the  commissioner  of
general  services  authorizing  participation by the state university in
programs administered by the office of general services for the purchase
of available New York state food products. The commissioner  of  general
services  shall  provide assistance to the state university necessary to
enable the university to participate in these programs[.];
  d. [(1) Award] AWARD contract  extensions  for  campus  transportation
without  competitive  bidding  where  such contracts were secured either
through competitive bidding  or  through  evaluation  of  proposals  [in
response to a request for proposals pursuant to subparagraph (2) of this
paragraph],  however such extensions may be rejected if the amount to be
paid to the contractor in any year of such proposed extension  fails  to
reflect  any  decrease  in the regional consumer price index for the New
York, New York-Northeastern, New Jersey area, based upon the  index  for
all urban consumers (CPI-U) during the preceding twelve-month period. At
the  time of any contract extension, consideration shall be given to any
competitive proposal offered by a  public  transportation  agency.  Such
contract  may be increased for each year of the contract extension by an
amount not to exceed the regional consumer price index increase for  the
New  York,  New York-Northeastern, New Jersey area, based upon the index
for all urban consumers (CPI-U), during the preceding twelve-month peri-
od, provided it has been satisfactorily established  by  the  contractor
that there has been at least an equivalent increase in the amount of his
cost of operation, during the period of the contract.
  E.  GUIDELINES  PROMULGATED  BY THE STATE UNIVERSITY BOARD OF TRUSTEES
SHALL, TO THE EXTENT PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS  BE
SOLICITED  FOR  PURCHASES, AND SHALL INCLUDE REQUIREMENTS THAT PURCHASES
AND CONTRACTS AUTHORIZED UNDER THIS SECTION BE AT THE  LOWEST  AVAILABLE
PRICE,  INCLUDING  CONSIDERATION OF PRICES AVAILABLE THROUGH OTHER STATE
AGENCIES, CONSISTENT WITH QUALITY REQUIREMENTS, AND AS WILL BEST PROMOTE
THE PUBLIC INTEREST. SUCH  PURCHASES  MAY  BE  MADE  DIRECTLY  FROM  ANY
CONTRACTOR PURSUANT TO ANY CONTRACT FOR COMMODITIES LET BY THE OFFICE OF
GENERAL SERVICES OR ANY OTHER STATE AGENCY.
  6.  To enter into any contract or agreement deemed necessary or advis-
able after consultation with appropriate state agencies for carrying out
the objects and purposes of state university  without  prior  review  or
approval by any state officer or agency other than the state comptroller
and  the  attorney  general  including  contracts with non-profit corpo-
rations organized by officers, employees, alumni or  students  of  state
university  for  the furtherance of its objects and purposes.  Contracts
or agreements entered into with the federal government to enable partic-
ipation in federal student loan programs, including any and all  instru-
ments  required  thereunder, shall not be subject to the requirements of
section forty-one of the state finance law; provided, however, that  the
state  shall  not be liable for any portion of any defaults which it has
agreed to assume pursuant to any such agreement in an amount  in  excess

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

of  money  appropriated  or otherwise lawfully available therefor at the
time the liability for payment arises.   THE FOREGOING  NOTWITHSTANDING,
ANY  CONTRACT  MADE  FOR OR BY THE STATE UNIVERSITY FOR THE PURCHASE OF:
(I)  MATERIALS,  EQUIPMENT  AND  SUPPLIES, INCLUDING COMPUTER EQUIPMENT;
(II)  MOTOR  VEHICLES;  (III)  CONSTRUCTION   AND   CONSTRUCTION-RELATED
SERVICES  CONTRACTS;  AND  (IV)  PRINTING  SHALL NOT BE SUBJECT TO PRIOR
APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY.
  S 2.  Subdivision a of section 6218 of the education law,  as  amended
by chapter 697 of the laws of 1993, is amended and a new subdivision a-1
is added to read as follows:
  a.  Notwithstanding  the  provisions of [paragraph] SUBDIVISION two of
section one hundred twelve and sections one hundred fifteen, one hundred
sixty-one[,] AND one hundred sixty-three [and one hundred  seventy-four]
of  the  state  finance  law  and sections three and six of the New York
state printing and public documents law or any other law to the  contra-
ry, the city university [trustees are] IS authorized and empowered to:
  (1) (i) purchase materials, equipment and supplies, including computer
equipment  and  motor  vehicles, [where the amount for a single purchase
does not exceed twenty thousand dollars,]  (ii)  execute  contracts  for
[services   to   an   amount  not  exceeding  twenty  thousand  dollars]
CONSTRUCTION AND  CONSTRUCTION-RELATED  SERVICES  CONTRACTS,  and  (iii)
contract  for  printing  [to  an  amount  not  exceeding  five  thousand
dollars], without prior approval by any other state officer  or  agency,
but subject to rules and regulations of the state comptroller not other-
wise  inconsistent with the provisions of this section and in accordance
with the [rules and regulations]  GUIDELINES  promulgated  by  the  city
university  board  of  trustees  after consultation with the state comp-
troller. [In addition, the trustees are authorized to annually negotiate
with the state comptroller increases in the aforementioned dollar limits
and the exemption of any articles, categories of articles or commodities
from these limits. Rules and regulations promulgated by the city univer-
sity board of trustees shall, to the extent  practicable,  require  that
competitive  proposals  be  solicited  for  purchases, and shall include
requirements that purchases and contracts authorized under this  section
be at the lowest possible price.]
  (2)  EXECUTE  CONTRACTS FOR SERVICES TO AN AMOUNT NOT EXCEEDING TWENTY
THOUSAND DOLLARS WITHOUT PRIOR APPROVAL BY ANY OTHER  STATE  OFFICER  OR
AGENCY,  BUT  SUBJECT  TO RULES AND REGULATIONS OF THE STATE COMPTROLLER
NOT OTHERWISE INCONSISTENT WITH THE PROVISIONS OF THIS  SECTION  AND  IN
ACCORDANCE  WITH THE GUIDELINES PROMULGATED BY THE CITY UNIVERSITY BOARD
OF TRUSTEES AFTER CONSULTATION WITH THE STATE COMPTROLLER. IN  ADDITION,
THE  TRUSTEES,  AFTER  CONSULTATION  WITH  THE  COMMISSIONER  OF GENERAL
SERVICES, ARE AUTHORIZED TO ANNUALLY  NEGOTIATE  WITH  THE  STATE  COMP-
TROLLER  INCREASES IN THE AFOREMENTIONED DOLLAR LIMITS AND THE EXEMPTION
OF ANY SERVICES OR CATEGORIES OF SERVICES FROM THESE LIMITS.
  A-1. GUIDELINES PROMULGATED BY THE CITY UNIVERSITY BOARD  OF  TRUSTEES
SHALL,  TO THE EXTENT PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS BE
SOLICITED FOR PURCHASES, AND SHALL INCLUDE REQUIREMENTS  THAT  PURCHASES
AND  CONTRACTS  AUTHORIZED UNDER THIS SECTION BE AT THE LOWEST AVAILABLE
PRICE.
  S 3. The education law is amended by adding a new section 6283 to read
as follows:
  S 6283.  PROCUREMENTS OF THE FUND.  NOTWITHSTANDING SUBDIVISION TWO OF
SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW OR ANY OTHER LAW  TO
THE  CONTRARY,  FUND  PROCUREMENTS  SHALL  NOT  BE  SUBJECT TO THE PRIOR
APPROVAL OF ANY STATE OFFICER OR AGENCY.

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

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

                                SUBPART C

  Section  1. Paragraph b of subdivision 16 of section 355 of the educa-
tion law, as added by chapter 363 of the laws of  1998,  is  amended  to
read as follows:
  b.   Notwithstanding the provisions of [subdivision two of section one
hundred twelve of the state finance law relating to the dollar threshold
requiring the comptroller's approval of contracts and]  SUBDIVISION  TWO
OF  SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW, subdivision six
of section one hundred sixty-three  of  the  state  finance  law[,]  AND
SECTION SIXTY-THREE OF THE EXECUTIVE LAW (I) authorize contracts for the
purchase of goods [and services] for state university health care facil-
ities[:
  (1)  for  any  contract  which  does  not exceed seventy-five thousand
dollars; or
  (2)] WITHOUT PRIOR APPROVAL BY ANY  OTHER  STATE  OFFICER  OR  AGENCY,
INCLUDING CONTRACTS for joint or group purchasing arrangements [which do
not  exceed  seventy-five thousand dollars without prior approval by any
other state, officer or agency] OF GOODS, in accordance with  procedures
and  requirements  found  in  paragraph  a  of  subdivision five of this
section[.
  (3) contracts], AND (II) AUTHORIZE CONTRACTS FOR SERVICES WHICH DO NOT
EXCEED SEVENTY-FIVE THOUSAND DOLLARS WITHOUT PRIOR APPROVAL BY ANY OTHER
STATE OFFICER OR AGENCY IN ACCORDANCE WITH PROCEDURES  AND  REQUIREMENTS
FOUND  IN  PARAGRAPH  A  OF SUBDIVISION FIVE OF THIS SECTION.  CONTRACTS
authorized [hereunder] PURSUANT TO THIS PARAGRAPH shall  be  subject  to
article  fourteen of the civil service law and the applicable provisions
of agreements between the state and employee organizations  pursuant  to
article fourteen of the civil service law.
  The trustees are authorized to negotiate annually with the state comp-
troller increases in the aforementioned dollar limits.
  S  2.  Notwithstanding  any inconsistent provision in section 8 of the
court of claims act, subdivision 10 of section 355 of the education  law
or  any  other provision of law, a state university health care facility
may include in a contract authorized by paragraph a of subdivision 16 of
section 355 of the education law,  other  than  a  contract  with  state
employees  relating  to  terms  and  conditions  of  their employment, a
provision that some or all disputes arising under  or  related  to  such
contract shall be resolved by binding arbitration in accordance with the
rules of a nationally-recognized arbitration association.
  S  3.  This act shall take effect immediately, and shall expire and be
deemed repealed June 30, 2016.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.

S. 2808--D                         57                         A. 4008--D

  S  3.  This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through C of this act  shall
be as specifically set forth in the last section of such Subparts.

                                 PART E

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

                                 PART F

  Section  1.  Subdivision  1  of  section  663 of the education law, as
amended by section 1 of part F of chapter 57 of the  laws  of  2009,  is
amended to read as follows:
  1.  Income  defined.  Except  as  otherwise  provided in this section,
"income" shall be the total of  the  combined  net  taxable  income  and
income  from  pensions  of  New York state, local governments [and], the
federal government AND ANY PRIVATE EMPLOYER of the applicant, the appli-
cant's spouse, and the applicant's parents, INCLUDING  ANY  PENSION  AND
ANNUITY  INCOME  EXCLUDED FOR PURPOSES OF TAXATION PURSUANT TO PARAGRAPH
THREE-A OF SUBSECTION (C) OF SECTION SIX HUNDRED TWELVE OF THE TAX  LAW,
as  reported  in New York state income tax returns for the calendar year
next preceding the beginning of the school year  for  which  application
for  assistance is made, except that any amount received by an applicant
as a scholarship at an educational institution or as a fellowship grant,
including the value of contributed services  and  accommodations,  shall
not  be  included  within the definition of "income" for the purposes of
this article. The term "parent" shall include  birth  parents,  steppar-
ents,  adoptive parents and the spouse of an adoptive parent. Income, if
not a whole dollar amount, shall be assumed to  be  equal  to  the  next
lowest  whole  dollar  amount.  Any change in the status of an applicant
with regard to the  persons  responsible  for  the  applicant's  support
occurring after the beginning of any semester shall not be considered to
change the applicant's award for that semester.
  S 2. This act shall take effect July 1, 2011.

                                 PART G

  Section  1.  Paragraphs b and c of subdivision 6 of section 661 of the
education law are REPEALED and two new paragraphs b and c are  added  to
read as follows:

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

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

                                 PART H

  Section 1. Subclause 1 of clause (A) of subparagraph (i) of  paragraph
a  of  subdivision  3 of section 667 of the education law, as amended by
section 1 of part B of chapter 60 of the laws of  2000,  is  amended  to
read as follows:
  (1)  In the case of students who have not been granted an exclusion of
parental income or had a dependent for income tax  purposes  during  the
tax year next preceding the academic year for which application is made,
EXCEPT  FOR  THOSE  STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL
INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT:
  (a) For students first receiving aid after  nineteen  hundred  ninety-
three--nineteen  hundred  ninety-four and before two thousand--two thou-
sand one, four thousand one hundred twenty-five dollars; or
  (b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen hundred ninety-four or earlier, three  thousand  five  hundred
seventy-five dollars; or
  (c)  For students first receiving aid in [the] two thousand--two thou-
sand one and thereafter, five thousand dollars.
  S 2. Subclause 2 of clause (A) of subparagraph (i) of paragraph  a  of
subdivision 3 of section 667 of the education law, as amended by section
1  of  part  B  of chapter 60 of the laws of 2000, is amended to read as
follows:
  (2) In the case of students receiving awards pursuant to  subparagraph
(iii)  of this paragraph AND THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLU-
SION OF PARENTAL INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT.
  (a) For students first receiving aid  in  nineteen hundred ninety-four
--nineteen  hundred  ninety-five and nineteen hundred ninety-five--nine-
teen hundred  ninety-six  and  thereafter,  three  thousand  twenty-five
dollars, or
  (b)  For students first receiving aid in nineteen hundred ninety-two--
nineteen hundred ninety-three and nineteen  hundred  ninety-three--nine-
teen   hundred  ninety-four,  two  thousand  five  hundred  seventy-five
dollars, or
  (c) For students first receiving aid in nineteen hundred  ninety-one--
nineteen  hundred ninety-two or earlier, two thousand four hundred fifty
dollars; or
  S 3. Subparagraph (iii) of paragraph a of subdivision 3 of section 667
of the education law, as amended by section 1 of part B of chapter 60 of
the laws of 2000, is amended to read as follows:

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

  (iii) (A) For students who have been  granted  exclusion  of  parental
income  and were single with no dependent for income tax purposes during
the tax year next preceding the academic year for which  application  is
made,  the  base amount, as determined in subparagraph (i) of this para-
graph, shall be reduced in relation to income as follows:

Amount of income                    Schedule of reduction
                                    of base amount

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

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

AMOUNT OF INCOME                    SCHEDULE OF REDUCTION
                                    OF BASE AMOUNT

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

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

                                 PART I

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

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

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

  Payment

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

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

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

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

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

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

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

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

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

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

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

and,

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

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

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

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

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

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

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

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

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

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

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

  LEAST THIS
  MANY CREDITS

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

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

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

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

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

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

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

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

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

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

  A STUDENT       56   66   76   86   96  106  116

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

  MUST HAVE
  ACCRUED AT
  LEAST THIS
  MANY CREDITS

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

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

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

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

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

  S 3. Subdivision 6 of section 665 of the education law is  amended  by
adding a new paragraph d to read as follows:
  D. FOR PURPOSES OF PARAGRAPH C OF THIS SUBDIVISION, A STUDENT ENROLLED
IN A PROGRAM OF REMEDIAL STUDY SHALL MEAN A STUDENT: (A) WHOSE SCORES ON
A  RECOGNIZED  COLLEGE PLACEMENT EXAM OR NATIONALLY RECOGNIZED STANDARD-
IZED EXAM INDICATED THE NEED FOR REMEDIATION FOR AT LEAST TWO SEMESTERS,
AS CERTIFIED BY THE APPROPRIATE COLLEGE OFFICIAL  AND  APPROVED  BY  THE
COMMISSIONER;  OR (B) WHO WAS ENROLLED IN AT LEAST SIX SEMESTER HOURS OF
NON-CREDIT REMEDIAL COURSES, AS APPROVED BY  THE  COMMISSIONER,  IN  THE
FIRST  TERM  THEY  RECEIVED  A  TUITION  ASSISTANCE  PROGRAM AWARD IN AN
APPROVED PROGRAM; OR (C) WHO IS OR WAS ENROLLED IN THE HIGHER  EDUCATION
OPPORTUNITY  PROGRAM  (HEOP), THE EDUCATIONAL OPPORTUNITY PROGRAM (EOP),
THE SEARCH FOR EDUCATION, ELEVATION AND KNOWLEDGE (SEEK) PROGRAM, OR THE
COLLEGE DISCOVERY (CD) PROGRAM.
  S 4. This act shall take effect July 1, 2011.

                                 PART J

  Section 1. Subdivision 2 of section 667 of the education law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  2. Duration. No undergraduate shall be eligible  for  more  than  four
academic  years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
study, approved by the commissioner in an institution of  higher  educa-
tion and intended to culminate in a degree in undergraduate study shall,
for  purposes of this section, be considered as enrolled in a program of

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

study normally requiring five years. An undergraduate  student  enrolled
in  an  eligible  two year program of study approved by the commissioner
shall be eligible for no more than three academic years  of  study.  [No
graduate  student shall be eligible for more than four academic years of
study provided, however, that no graduate student shall be eligible  for
more  than  one  degree  program  at the master's, first professional or
doctorate level. No student shall be eligible for a total of  more  than
the  equivalent  of  eight  years of combined undergraduate and graduate
study.] Any semester, quarter, or term  of  attendance  during  which  a
student  receives any award under this article, after the effective date
of the former scholar incentive program and prior to academic year nine-
teen hundred eighty-nine--nineteen  hundred  ninety,  shall  be  counted
toward the maximum term of eligibility for tuition assistance under this
section,  except that any semester, quarter or term of attendance during
which a student received  an  award  pursuant  to  section  six  hundred
sixty-six  of  this  [article] SUBPART shall be counted as one-half of a
semester, quarter or term, as the case may be, toward the  maximum  term
of  eligibility  under  this  section.  Any semester, quarter or term of
attendance during which a student received an award pursuant to  section
six hundred sixty-seven-a of this [article] SUBPART shall not be counted
toward the maximum term of eligibility under this section.
  S  2. Paragraph c of subdivision 3 of section 667 of the education law
is REPEALED and paragraph d is relettered paragraph c.
  S 3. Subdivision 5 of section 663 of the education law, as amended  by
chapter 622 of the laws of 2008, is amended to read as follows:
  5. Adjustments of income. [(a) Except for purposes of paragraphs a and
b  of  subdivision three of section six hundred sixty-seven of this part
if, during the academic year in which  the  applicant  will  receive  an
award,  one  or  more  of  either  the parents of the applicant or other
dependent children of such parents, the spouse of the applicant, or  one
or  more  dependent children of the applicant, in addition to the appli-
cant, will be in  full-time  attendance  in  an  approved  program,  the
combined  net  taxable  income  determined under subdivision one of this
section shall be divided by the total number of  the  aforesaid  persons
(including  the  applicant)  who  will  be  in  such attendance, and the
resulting quotient shall be deemed the applicable income in  determining
the applicant's award for such academic year.
  (b)] In the determination of income for purposes of paragraphs a and b
of subdivision three of section six hundred sixty-seven of this part if,
during  the  academic year in which the applicant will receive an award,
one of either the parents of the applicant or other dependent  child  of
such  parents,  the  spouse  of  the applicant, or one or more dependent
children of the applicant, in addition to  the  applicant,  will  be  in
full-time  attendance  in  an approved program, the combined net taxable
income determined under subdivision one of this section shall be reduced
by three thousand dollars and an additional  two  thousand  dollars  for
each  other  such  person additional to the aforesaid persons (including
the applicant) who will be in such attendance, and the resulting  amount
shall  be  deemed  the  applicable income in determining the applicant's
award for the academic year.
  S 4. Paragraph a of subdivision 3 of section 663 of the education law,
as amended by chapter 62 of the laws of 1977,  is  amended  to  read  as
follows:
  a. In determining the amount of an award for [graduate and undergradu-
ate]  students,  the  income  of  the  parents  shall be excluded if the
student has been emancipated from his parents.

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

  S 5. The opening paragraph of subparagraph 1 of paragraph b of  subdi-
vision  3 of section 663 of the education law, as amended by chapter 101
of the laws of 1992, is amended to read as follows:
  The applicant is a student who was married on or before December thir-
ty-first  of  the  calendar  year prior to the beginning of the academic
year for which application is made or is an  undergraduate  student  who
has  reached  the age of twenty-two on or before June thirtieth prior to
the academic year for which  application  is  made  [or  is  a  graduate
student,] and who, during the calendar year next preceding the semester,
quarter  or  term of attendance for which application is made and at all
times subsequent thereto up to and including the entire period for which
application is made:
  S 6. Paragraph d of subdivision 3 of section 663 of the education law,
as amended by chapter 62 of the laws of 1977,  is  amended  to  read  as
follows:
  d.  Any [graduate or] undergraduate student who was allowed to exclude
parental income pursuant to  the  provisions  of  subdivision  three  of
section  six hundred three of this chapter as they existed prior to July
first, nineteen hundred seventy-four may continue to exclude such income
for so long as he continues to comply with such provisions.
  S 7. This act shall take effect July 1, 2011.

                                 PART K

  Section 1. Section 17 of chapter 31 of the laws of 1985, amending  the
education  law  relating to regents scholarships in certain professions,
as amended by section 1 of part I of chapter 57 of the laws of 2008,  is
amended to read as follows:
  S  17. This act shall take effect immediately; provided, however, that
the scholarship and loan forgiveness programs  established  pursuant  to
the  provisions  of  this  act shall terminate upon the granting of such
awards for the 2008-2009 school year PROVIDED, HOWEVER, THAT THE REGENTS
PHYSICIAN LOAN FORGIVENESS PROGRAM  ESTABLISHED  PURSUANT  TO  THIS  ACT
SHALL  NOT  TERMINATE  UNTIL THE GRANTING OF SUCH AWARDS FOR THE 2015-16
SCHOOL YEAR, PROVIDED THAT THE  FINAL  DISBURSEMENT  OF  ANY  MULTI-YEAR
AWARDS GRANTED IN SUCH SCHOOL YEAR SHALL BE PAID.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on the same  date  and  in  the  same
manner as part I of chapter 57 of the laws of 2008, takes effect.

                                 PART L

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

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

S.3667  and  A.6841,  takes  effect]; and provided further that this act
shall expire and be deemed repealed on June 30, [2010] 2016.
  S 2. This act shall take effect immediately.

                                 PART M

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

                                 PART N

  Section 1. Paragraph (b) of subdivision 12 of section 425 of the  real
property  tax law, as added by section 1 of part B of chapter 389 of the
laws of 1997, is amended and a new paragraph (d) is  added  to  read  as
follows:
  (b) Procedure. The assessed value attributable to each such improperly
granted exemption shall be entered separately on the next ensuing tenta-
tive  or  final  assessment roll. The provisions of section five hundred
fifty-one or five hundred fifty-three of this chapter, relating  to  the
entry  by  the assessor of omitted real property on a tentative or final
assessment roll, shall apply so far as  practicable  to  the  revocation
procedure,  except  that  the  tax  rate  to  be  applied to any revoked
exemption shall be the tax rate that was applied  to  the  corresponding
assessment  roll,  AND  THAT  INTEREST  SHALL THEN BE ADDED TO EACH SUCH
PRODUCT AT THE RATE PRESCRIBED BY SECTION NINE HUNDRED TWENTY-FOUR-A  OF
THIS  CHAPTER  OR  SUCH OTHER LAW AS MAY BE APPLICABLE FOR EACH MONTH OR
PORTION THEREON SINCE THE LEVY OF TAXES  UPON  THE  ASSESSMENT  ROLL  OR
ROLLS UPON WHICH THE EXEMPTION WAS GRANTED.
  (D)  APPLICABILITY.  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT BE
APPLICABLE TO THE EXTENT THAT  THE  PRIOR  EXEMPTIONS  SHALL  HAVE  BEEN
RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE.
  S  2.  Subdivision  13  of section 425 of the real property tax law is
amended by adding a new paragraph (d) to read as follows:
  (D) APPLICABILITY. THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  BE
APPLICABLE  TO  THE  EXTENT  THAT  THE  PRIOR EXEMPTIONS SHALL HAVE BEEN
RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE.
  S 3. The real property tax law is amended by adding a new section  496
to read as follows:
  S 496. VOLUNTARY RENUNCIATION OF AN EXEMPTION. 1. A PROPERTY OWNER WHO
WISHES  TO  GIVE  UP  HIS  OR  HER  CLAIM TO AN EXEMPTION ON ONE OR MORE
PRECEDING ASSESSMENT ROLLS MAY RENOUNCE  THE  EXEMPTION  IN  THE  MANNER
PROVIDED BY THIS SECTION.
  2.  AN  APPLICATION  TO  RENOUNCE AN EXEMPTION SHALL BE MADE ON A FORM
PRESCRIBED BY THE COMMISSIONER AND SHALL BE FILED WITH THE COUNTY DIREC-
TOR OF REAL PROPERTY TAX SERVICES NO LATER THAN TEN YEARS AFTER THE LEVY
OF TAXES UPON THE ASSESSMENT  ROLL  ON  WHICH  THE  RENOUNCED  EXEMPTION
APPEARS.  THE  COUNTY  DIRECTOR,  AFTER  CONSULTING WITH THE ASSESSOR AS

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

APPROPRIATE, SHALL COMPUTE THE TOTAL  AMOUNT  OWED  ON  ACCOUNT  OF  THE
RENOUNCED EXEMPTION AS FOLLOWS:
  (A) FOR EACH ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION APPEARS,
THE ASSESSED VALUE THAT WAS EXEMPTED SHALL BE MULTIPLIED BY THE TAX RATE
OR  RATES THAT WERE APPLIED TO THAT ASSESSMENT ROLL. INTEREST SHALL THEN
BE ADDED TO EACH SUCH PRODUCT AT THE RATE  PRESCRIBED  BY  SECTION  NINE
HUNDRED TWENTY-FOUR-A OF THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLI-
CABLE  FOR  EACH  MONTH  OR PORTION THEREON SINCE THE LEVY OF TAXES UPON
SUCH ASSESSMENT ROLL.
  (B) THE SUM OF THE CALCULATIONS MADE PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION WITH RESPECT TO ALL OF  THE  ASSESSMENT  ROLLS  IN  QUESTION
SHALL BE DETERMINED.
  (C) A PROCESSING FEE OF FIVE HUNDRED DOLLARS SHALL BE ADDED TO THE SUM
DETERMINED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  3.  AFTER  COMPUTING  THE TOTAL AMOUNT DUE ON ACCOUNT OF THE RENOUNCED
EXEMPTION, THE COUNTY DIRECTOR SHALL RETURN THE FORM  TO  THE  APPLICANT
WITH  THE  TOTAL  AMOUNT DUE NOTED THEREON. A COPY OF SUCH FORM SHALL BE
PROVIDED TO THE ASSESSOR, AND IN THE CASE OF THE STAR EXEMPTION, TO  THE
COMMISSIONER.    WITHIN FIFTEEN DAYS AFTER THE MAILING OF SUCH FORM, THE
APPLICANT SHALL PAY THE TOTAL AMOUNT DUE AS SHOWN THEREON TO THE  COUNTY
TREASURER,  WHO  SHALL ISSUE A RECEIPT FOR SUCH PAYMENT. AFTER DEDUCTING
THE PROCESSING FEE, THE COUNTY TREASURER  SHALL  DISTRIBUTE  THE  AMOUNT
COLLECTED  AMONG  THE  AFFECTED  MUNICIPAL CORPORATIONS ACCORDING TO THE
TAXES AND INTEREST OWING TO EACH, PROVIDED THAT IN THE CASE OF THE  STAR
EXEMPTION  AUTHORIZED  BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTI-
CLE, THE AMOUNT COLLECTED, INCLUDING INTEREST,  SHALL  BE  PAID  TO  THE
STATE IN THE MANNER DIRECTED BY THE COMMISSIONER.
  4. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN A CITY
WITH  A POPULATION OF ONE MILLION OR MORE, AN EXEMPTION MAY BE RENOUNCED
ON A FORM PRESCRIBED BY THE COMMISSIONER  OF  FINANCE,  AND  THE  DUTIES
IMPOSED  BY THIS SECTION UPON THE COUNTY TREASURER SHALL BE PERFORMED BY
THE COMMISSIONER OF FINANCE.
  S 4. Paragraph (e) of subdivision 3 of section 550 of the real proper-
ty tax law, as added by chapter 160 of the laws of 1988, is  amended  to
read as follows:
  (e)  an  incorrect  entry of a partial exemption on an assessment roll
for a parcel which is not eligible for such partial exemption;  PROVIDED
THAT  THE  EXEMPTION  HAS  NOT  BEEN  RENOUNCED PURSUANT TO SECTION FOUR
HUNDRED NINETY-SIX OF THIS CHAPTER; or
  S 5. Paragraph (f-1) of subdivision 1 of section 553 of the real PROP-
ERTY TAX LAW, AS ADDED BY CHAPTER 616 OF THE LAWS OF 2002, IS AMENDED TO
READ AS FOLLOWS:
  (f-1) an incorrect entry of a partial  exemption  on  the  immediately
preceding year's assessment roll for a parcel which was not eligible for
such  exemption,  provided  that  there has not been a transfer of title
subsequent to the filing of such roll  AND  PROVIDED  FURTHER  THAT  THE
EXEMPTION  HAS NOT BEEN RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINE-
TY-SIX OF THIS CHAPTER;
  S 6. Subdivision 2 of section 1306-a of the real property tax law,  as
added  by  section  16  of part B of chapter 389 of the laws of 1997, is
amended to read as follows:
  2. Tax savings. (A)(I) The tax savings for each parcel  receiving  the
exemption authorized by section four hundred twenty-five of this chapter
shall  be computed by subtracting the amount actually levied against the
parcel from the amount that would  have  been  levied  if  not  for  the
exemption,  PROVIDED  HOWEVER,  THAT  BEGINNING  WITH  THE  TWO THOUSAND

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

ELEVEN-TWO THOUSAND TWELVE SCHOOL YEAR, THE TAX  SAVINGS  APPLICABLE  TO
ANY "PORTION" (WHICH AS USED HEREIN SHALL MEAN THAT PART OF AN ASSESSING
UNIT  LOCATED WITHIN A SCHOOL DISTRICT) SHALL NOT EXCEED THE TAX SAVINGS
APPLICABLE  TO  THAT  PORTION IN THE PRIOR SCHOOL YEAR MULTIPLIED BY ONE
HUNDRED TWO PERCENT, WITH THE RESULT ROUNDED TO THE NEAREST DOLLAR.  THE
TAX  SAVINGS  ATTRIBUTABLE TO THE BASIC AND ENHANCED EXEMPTIONS SHALL BE
CALCULATED SEPARATELY. IT SHALL BE THE RESPONSIBILITY OF THE COMMISSION-
ER  TO  CALCULATE  TAX  SAVINGS  LIMITATIONS  FOR   PURPOSES   OF   THIS
SUBDIVISION.
  (II)  THE  TAX  SAVINGS  APPLICABLE  TO A PORTION FOR THE TWO THOUSAND
TEN-TWO THOUSAND ELEVEN SCHOOL YEAR SHALL BE DETERMINED  BY  MULTIPLYING
THE EXEMPT AMOUNT APPLICABLE TO THE PORTION FOR THE TWO THOUSAND TEN-TWO
THOUSAND  ELEVEN  SCHOOL  YEAR BY THE TAX RATE APPLICABLE TO THE PORTION
FOR THE TWO THOUSAND TEN-TWO THOUSAND ELEVEN SCHOOL YEAR, WITH  SEPARATE
CALCULATIONS FOR THE BASIC AND ENHANCED EXEMPTIONS.
  (III)  WHERE  A  SCHOOL TAX RATE WAS CHANGED IN THE MIDST OF THE PRIOR
SCHOOL YEAR, AN ANNUALIZED SCHOOL  TAX  RATE  SHALL  BE  USED  FOR  THIS
PURPOSE. THE ANNUALIZED TAX RATE FOR THIS PURPOSE SHALL BE DETERMINED BY
CALCULATING  THE  AVERAGE  OF  THE  TAX RATES IN EFFECT AT VARIOUS TIMES
DURING THE SCHOOL YEAR, WEIGHTED ACCORDING TO THE LENGTH OF TIME  DURING
WHICH THEY WERE RESPECTIVELY APPLICABLE.
  (B) A statement shall then be placed on the tax bill for the parcel in
substantially  the following form: "Your tax savings this year resulting
from the New York state school tax relief (STAR) program is $_______."
  S 7. Section 171-u of the tax law is amended by adding a new  subdivi-
sion 5 to read as follows:
  (5)(A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, THE
COMMISSIONER MAY ADOPT RULES PRESCRIBING A UNIFORM STATEWIDE  SYSTEM  OF
PARCEL  IDENTIFICATION  NUMBERS  APPLICABLE TO ALL "ASSESSING UNITS", AS
THAT TERM IS DEFINED BY SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX
LAW, PROVIDED THAT NO SUCH RULE SHALL APPLY TO AN ASSESSMENT ROLL WITH A
TAXABLE STATUS DATE OCCURRING PRIOR TO JANUARY FIRST, TWO THOUSAND THIR-
TEEN.
  (B) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION,  THE
COMMISSIONER  MAY, AT HIS OR HER DISCRETION, ADOPT RULES THAT ARE APPLI-
CABLE ONLY TO "SPECIAL ASSESSING UNITS," AS  THAT  TERM  IS  DEFINED  BY
SECTION  EIGHTEEN  HUNDRED  ONE  OF  THE  REAL  PROPERTY  TAX LAW, WHICH
PRESCRIBE AN ALTERNATIVE SYSTEM OF PARCEL IDENTIFICATION NUMBERS  SOLELY
FOR SUCH SPECIAL ASSESSING UNITS.
  S 8. This act shall take effect immediately.

                                 PART O

  Section  1. Paragraph c of subdivision 1 of section 4405 of the educa-
tion law, as added by section 2 of part G2 of chapter 62 of the laws  of
2003, is amended to read as follows:
  c. Expenditures made by a social services district for the maintenance
of  a  child  with a disability placed in a residential school under the
provisions of this article, including a child with a  disability  placed
by  a  school  district  committee on special education pursuant to this
article in a special act school district, or a state school  subject  to
the  provisions  of articles eighty-seven and eighty-eight of this chap-
ter, shall be subject to [twenty] THIRTY-EIGHT AND FOUR HUNDRED  TWENTY-
FOUR THOUSANDTHS percent reimbursement by the child's school district of
residence  pursuant  to the provisions of subdivision ten of section one

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

hundred fifty-three of the social  services  law.  The  amount  of  such
reimbursement shall be a charge upon such school district of residence.
  S  2.  Subdivision  10  of  section 153 of the social services law, as
amended by section 1 of part G2 of chapter 62 of the laws  of  2003,  is
amended to read as follows:
  10.  Expenditures  made  by a social services district for the mainte-
nance of children with disabilities, placed by school districts,  pursu-
ant  to  section  forty-four hundred five of the education law shall, if
approved by the office of children and family services,  be  subject  to
[forty  percent reimbursement by the state and twenty] EIGHTEEN AND FOUR
HUNDRED TWENTY-FOUR THOUSANDTHS PERCENT REIMBURSEMENT BY THE  STATE  AND
THIRTY-EIGHT AND FOUR HUNDRED TWENTY-FOUR THOUSANDTHS percent reimburse-
ment  by school districts in accordance with paragraph [(c)] C of subdi-
vision one of section forty-four hundred  five  of  the  education  law,
after  first  deducting  therefrom  any  federal funds received or to be
received on account of such expenditures, except that in the case  of  a
student attending a state-operated school for the deaf or blind pursuant
to article eighty-seven or eighty-eight of the education law who was not
placed  in  such  school by a school district such expenditures shall be
subject to fifty percent reimbursement by the state after first  deduct-
ing therefrom any federal funds received or to be received on account of
such  expenditures  and  there  shall  be  no  reimbursement  by  school
districts. Such expenditures shall not be subject to the limitations  on
state  reimbursement contained in subdivision two of section one hundred
fifty-three-k of this [chapter] TITLE. In the event of  the  failure  of
the  school  district  to  make  the maintenance payment pursuant to the
provisions of this subdivision, the  state  comptroller  shall  withhold
state  reimbursement  to  any such school district in an amount equal to
the unpaid obligation for maintenance and  pay  over  such  sum  to  the
social  services  district upon certification of the commissioner of the
office of children and family services and the commissioner of education
that such funds are overdue and owed  by  such  school  district.    The
commissioner of the office of children and family services, in consulta-
tion with the commissioner of education, shall promulgate regulations to
implement the provisions of this subdivision.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force  and  effect  on  and  after  January  1,  2011;
provided,  however, that the amendments to subdivision 10 of section 153
of the social services law made by section two of  this  act  shall  not
affect  the expiration of such subdivision and shall be deemed to expire
therewith.

                                 PART P

  Intentionally omitted.

                                 PART Q

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

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

component,  shall  be  deemed  to  mean  and  refer to the corresponding
section of the Subpart in which it is found. Section three of  this  act
sets forth the general effective date of this act.

                                SUBPART A

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

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

                                SUBPART B

  Section 1. Subdivision 3 of section 502 of the executive law, as added
by chapter 465 of the laws of 1992, is amended to read as follows:
  3.  "Detention" means the temporary care and maintenance of youth held
away from their homes pursuant to article three or seven of  the  family
court act, or held pending a hearing for alleged violation of the condi-
tions  of  release  from  [a  division] AN OFFICE OF CHILDREN AND FAMILY
SERVICES facility or authorized agency, or held pending  a  hearing  for
alleged  violation of the condition of parole as a juvenile offender, or
held pending return to a jurisdiction other than the one  in  which  the
youth  is held, or held pursuant to a securing order of a criminal court
if the youth named therein as principal is charged as a juvenile  offen-
der or held pending a hearing on an extension of placement or held pend-
ing transfer to a facility upon commitment or placement by a court. Only
alleged  or  convicted  juvenile  offenders  who have not attained their
eighteenth birthday shall be subject to detention in a detention facili-
ty.
  S 2. Subdivision 4, paragraphs (b) and (c) of subdivision 5 and subdi-
vision 7 of section 503 of the executive law, as amended by chapter  465
of the laws of 1992, are amended to read as follows:
  4.  The  [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall visit
and inspect all facilities used for detention and make periodic  reports
of  the  operation  and  adequacy  of  such facilities, and the need for
provision of such facilities to the county executive, if there  be  one,
the  county  legislature  and  the  family court judges of the county in
which such facilities are located, and  the  office  of  court  adminis-
tration.  [The  department  of  social services shall cooperate with the
division for  youth  to  make  arrangements  for  joint  visitation  and
inspection of foster care programs certified by the department of social
services  and  serving  youth detained, in cities having a population of
one million or more, pursuant to article seven of the family court act.]
  (b) The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may  suspend
a  certification  for  good  cause  shown. Suspension shall mean that no
persons coming within the provisions of article three or  seven  of  the
family  court  act  and no alleged or convicted juvenile offender may be
received for care in a detention facility, but persons already  in  care
may  remain in care. The [division] OFFICE may impose such conditions in
the event of a suspension as it shall deem necessary and proper.
  (c) [The division] SUCH OFFICE may revoke  a  certification  for  good
cause  shown.  Revocation  shall  mean that no persons coming within the
provisions of article three or seven of the  family  court  act  and  no
alleged  or  convicted  juvenile  offender  may be received for care nor
remain at the detention facility.
  7. The person in charge of each detention facility shall keep a record
of all time spent in such facility for each youth in care. The detention
facility shall deliver a certified transcript  of  such  record  to  the
[division]  OFFICE,  social  services  district,  or other agency taking
custody of the youth pursuant to article three or seven  of  the  family
court  act, before, or at the same time as the youth is delivered to the
[division] OFFICE, district or other agency, as is appropriate.
  S 3. The executive law is amended by adding a  new  section  529-b  to
read as follows:
  S 529-B.  SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM. 1.
(A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, ELIGIBLE
EXPENDITURES BY AN ELIGIBLE MUNICIPALITY FOR SERVICES TO DIVERT YOUTH AT

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

RISK OF, ALLEGED TO  BE,  OR  ADJUDICATED  AS  JUVENILE  DELINQUENTS  OR
PERSONS  ALLEGED  OR  ADJUDICATED TO BE IN NEED OF SUPERVISION, OR YOUTH
ALLEGED TO BE OR CONVICTED  AS  JUVENILE  OFFENDERS  FROM  PLACEMENT  IN
DETENTION OR IN RESIDENTIAL CARE SHALL BE SUBJECT TO STATE REIMBURSEMENT
UNDER  THE  SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM FOR
UP TO SIXTY-TWO PERCENT OF THE MUNICIPALITY'S EXPENDITURES,  SUBJECT  TO
AVAILABLE  APPROPRIATIONS AND EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAIL-
ABLE FOR SUCH PURPOSES, NOT TO EXCEED  THE  MUNICIPALITY'S  DISTRIBUTION
UNDER THE SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM.
  (B)  THE  STATE  FUNDS  APPROPRIATED FOR THE SUPERVISION AND TREATMENT
SERVICES FOR JUVENILES PROGRAM SHALL BE DISTRIBUTED TO ELIGIBLE  MUNICI-
PALITIES  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES BASED ON A PLAN
DEVELOPED BY  THE  OFFICE  WHICH  MAY  CONSIDER  HISTORICAL  INFORMATION
REGARDING  THE  NUMBER  OF YOUTH SEEN AT PROBATION INTAKE FOR AN ALLEGED
ACT OF DELINQUENCY, THE NUMBER  OF  YOUTH  REMANDED  TO  DETENTION,  THE
NUMBER  OF  JUVENILE  DELINQUENTS  PLACED WITH THE OFFICE, THE NUMBER OF
JUVENILE DELINQUENTS AND PERSONS IN NEED OF SUPERVISION PLACED IN  RESI-
DENTIAL  CARE WITH THE MUNICIPALITY, THE MUNICIPALITY'S REDUCTION IN THE
USE OF DETENTION AND RESIDENTIAL PLACEMENTS, AND OTHER FACTORS AS DETER-
MINED BY THE OFFICE. SUCH PLAN DEVELOPED BY THE OFFICE SHALL BE  SUBJECT
TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET. THE OFFICE IS AUTHORIZED,
IN  ITS  DISCRETION,  TO MAKE ADVANCE DISTRIBUTIONS TO A MUNICIPALITY IN
ANTICIPATION OF STATE REIMBURSEMENT.
  2. AS USED IN THIS SECTION, THE TERM "MUNICIPALITY" SHALL MEAN A COUN-
TY, OR A CITY HAVING A POPULATION OF ONE MILLION OR  MORE,  AND  "SUPER-
VISION  AND TREATMENT SERVICES FOR JUVENILES" SHALL MEAN COMMUNITY-BASED
SERVICES OR PROGRAMS DESIGNED TO SAFELY MAINTAIN YOUTH IN THE  COMMUNITY
PENDING  A  FAMILY COURT DISPOSITION OR CONVICTION IN CRIMINAL COURT AND
SERVICES OR PROGRAMS PROVIDED TO YOUTH ADJUDICATED  AS  JUVENILE  DELIN-
QUENTS  OR  PERSONS IN NEED OF SUPERVISION, OR YOUTH ALLEGED TO BE JUVE-
NILE OFFENDERS TO PREVENT RESIDENTIAL  PLACEMENT  OF  SUCH  YOUTH  OR  A
RETURN TO PLACEMENT WHERE SUCH YOUTH HAVE BEEN RELEASED TO THE COMMUNITY
FROM  RESIDENTIAL  PLACEMENT.    SUPERVISION  AND TREATMENT SERVICES FOR
JUVENILES MAY INCLUDE BUT ARE NOT LIMITED TO SERVICES OR PROGRAMS THAT:
  (A) PROVIDE OR FACILITATE SUPPORT TO  SUCH  YOUTH  FOR  MENTAL  HEALTH
DISORDERS,  SUBSTANCE  ABUSE  PROBLEMS,  OR  LEARNING  DISABILITIES THAT
CONTRIBUTE TO SUCH YOUTH BEING AT RISK FOR DETENTION, RESIDENTIAL PLACE-
MENT, OR RETURN TO DETENTION OR RESIDENTIAL PLACEMENT;
  (B) PROVIDE TEMPORARY RESPITE CARE;
  (C) PROVIDE FAMILY THERAPY OR SUPPORT  OR  EXPLORE  ALTERNATE  HOUSING
OPTIONS  FOR YOUTH WHO ARE AT RISK FOR DETENTION OR PLACEMENT DUE TO THE
ABSENCE OF AN AVAILABLE HOME;
  (D) PROVIDE POST-RELEASE SUPPORT WITHIN THE YOUTH'S COMMUNITY; OR
  (E) REDUCE ARREST RATES OR RECIDIVISM.
  3. (A) THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY SHALL DESIGNATE
A LEAD AGENCY FOR THE PURPOSES OF PLANNING AND ADMINISTERING THE MUNICI-
PALITY'S SUPERVISION AND TREATMENT SERVICES FOR  JUVENILES  PROGRAM.  IN
ORDER  FOR A MUNICIPALITY TO BE ELIGIBLE TO RECEIVE REIMBURSEMENT PURSU-
ANT TO THIS SECTION, SUCH MUNICIPALITY MUST SUBMIT AN ANNUAL PLAN TO THE
OFFICE OF CHILDREN AND FAMILY SERVICES DETAILING HOW THE SUPERVISION AND
TREATMENT SERVICES FOR JUVENILES WILL BE  PROVIDED  WITHIN  THE  MUNICI-
PALITY. THE MUNICIPALITY SHALL DEVELOP SUCH PLAN IN COOPERATION WITH THE
APPLICABLE LOCAL GOVERNMENTAL DEPARTMENTS RESPONSIBLE FOR PROBATION, LAW
ENFORCEMENT,  DETENTION,  DIVERSION,  AND  SOCIAL SERVICES; AND WITH THE
COURTS, SERVICE PROVIDERS, SCHOOLS AND YOUTH DEVELOPMENT  PROGRAMS.  THE

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

PLAN  MUST  BE  APPROVED  BY  THE CHIEF EXECUTIVE OFFICER OF THE MUNICI-
PALITY, AND MUST INCLUDE:
  (I)  AN ANALYSIS THAT IDENTIFIES THE NEIGHBORHOODS OR COMMUNITIES FROM
WHICH THE GREATEST NUMBER OF JUVENILE DELINQUENTS AND PERSONS IN NEED OF
SUPERVISION ARE REMANDED TO DETENTION OR RESIDENTIALLY PLACED;
  (II) WHERE THE USE OF DETENTION OR RESIDENTIAL PLACEMENT IN THE  MUNI-
CIPALITY  SHOWS  A  SIGNIFICANT  RACIAL  OR ETHNIC DISPROPORTIONALITY, A
DESCRIPTION OF HOW THE SERVICES PROPOSED FOR FUNDING WILL  ADDRESS  SUCH
DISPROPORTIONALITY;
  (III)  A  DESCRIPTION  OF  HOW  THE SERVICES AND PROGRAMS PROPOSED FOR
FUNDING WILL REDUCE THE NUMBER OF YOUTH FROM THE  MUNICIPALITY  WHO  ARE
DETAINED  AND  RESIDENTIALLY  PLACED; HOW SUCH SERVICES AND PROGRAMS ARE
FAMILY-FOCUSED; AND WHETHER SUCH SERVICES AND PROGRAMS  ARE  CAPABLE  OF
BEING REPLICATED ACROSS MULTIPLE SITES;
  (IV)  A DESCRIPTION OF THE DEMONSTRATED EFFECTIVENESS OF SUCH SERVICES
AND PROGRAMS OR OTHER JUSTIFICATION WHY THE SERVICES  AND  PROGRAMS  ARE
PROPOSED FOR FUNDING;
  (V)  PROJECTED  PERFORMANCE  OUTCOMES  FOR SUCH SERVICES AND PROGRAMS,
INCLUDING AN ESTIMATE OF THE ANTICIPATED REDUCTIONS IN DETENTION  UTILI-
ZATION AND RESIDENTIAL PLACEMENTS, AND OTHER PROJECTED POSITIVE OUTCOMES
FOR YOUTH WHO PARTICIPATE IN THE SERVICES AND PROGRAMS; AND
  (VI) FOR EACH YEAR THAT THE MUNICIPALITY SUBMITS A PLAN AS REQUIRED BY
THIS  SECTION,  THE  MUNICIPALITY MUST PROVIDE THE FOLLOWING INFORMATION
FOR THE MOST RECENT PRECEDING YEAR FOR WHICH SUCH MUNICIPALITY  RECEIVED
FUNDING:
  (A)  THE NUMBER OF YOUTH WHO PARTICIPATED IN THE SERVICES AND PROGRAMS
FUNDED PURSUANT TO THIS SECTION; AND
  (B)  WHETHER  THE  SERVICES  AND  PROGRAMS  ACHIEVED   THE   PROJECTED
REDUCTIONS IN DETENTION UTILIZATION AND RESIDENTIAL PLACEMENTS AND OTHER
PERFORMANCE OUTCOMES.
  (B) A MUNICIPALITY'S PLAN SHALL BE SUBMITTED TO THE OFFICE OF CHILDREN
AND  FAMILY SERVICES FOR REVIEW AND APPROVAL. THE OFFICE MAY APPROVE ALL
OR PART OF THE PLAN BASED ON THE POTENTIAL EFFECTIVENESS OF THE PLAN.
  (I) IF THE OFFICE DOES NOT APPROVE A PLAN, THE MUNICIPALITY SHALL HAVE
SIXTY DAYS TO SUBMIT AN AMENDED PLAN.
  (II) UPON APPROVAL OF A PLAN, THE OFFICE SHALL NOTIFY THE MUNICIPALITY
AND POST THE APPROVED PLAN ON THE OFFICE OF CHILDREN AND FAMILY SERVICES
WEBSITE.
  (C) ANY CLAIMS SUBMITTED BY A MUNICIPALITY  FOR  REIMBURSEMENT  FOR  A
PARTICULAR  PROGRAM  YEAR  FOR  WHICH  THE MUNICIPALITY DOES NOT RECEIVE
STATE REIMBURSEMENT DURING  THE  APPLICABLE  PROGRAM  YEAR  MAY  NOT  BE
CLAIMED  AGAINST  THAT  MUNICIPALITY'S  DISTRIBUTION  FOR ANY SUCCEEDING
PROGRAM YEAR. THE OFFICE MAY REQUIRE THAT SUCH CLAIMS  BE  SUBMITTED  TO
THE  OFFICE  ELECTRONICALLY  IN  THE  MANNER  AND FORMAT REQUIRED BY THE
OFFICE.
  (D) ANY MUNICIPALITY SUBMITTING CLAIMS FOR REIMBURSEMENT SHALL CERTIFY
TO THE OFFICE THAT SUPERVISION  AND  TREATMENT  SERVICES  FOR  JUVENILES
PROGRAM FUNDS WERE NOT USED TO SUPPLANT OTHER STATE AND LOCAL FUNDS, AND
SUCH  CLAIMS  FOR  REIMBURSEMENT  ARE NOT FOR THE SAME TYPE AND LEVEL OF
SERVICES THAT THE MUNICIPALITY PROVIDED UNDER ANY CONTRACT IN  EXISTENCE
ON  SEPTEMBER  THIRTIETH,  TWO  THOUSAND  TEN THAT WAS FUNDED OTHER THAN
THROUGH THE OFFICE OF CHILDREN AND FAMILY SERVICES AS COMMUNITY OPTIONAL
PREVENTIVE,  ALTERNATIVES  TO  DETENTION,  ALTERNATIVES  TO  RESIDENTIAL
PLACEMENT, PREVENTIVE, INDEPENDENT LIVING, OR AFTER CARE SERVICES.
  4. TWO OR MORE ELIGIBLE MUNICIPALITIES MAY JOIN TOGETHER TO ESTABLISH,
OPERATE  AND  MAINTAIN  SUPERVISION AND TREATMENT SERVICES FOR JUVENILES

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

PROGRAMS AND MAY MAKE AND PERFORM AGREEMENTS  IN  CONNECTION  THEREWITH.
SUCH  AGREEMENTS  SHALL INCLUDE PROVISIONS FOR THE PROPORTIONATE COST TO
BE BORNE BY EACH MUNICIPALITY  AND  FOR  THE  MANNER  OF  EMPLOYMENT  OF
PERSONNEL AND MAY PROVIDE THAT A FISCAL OFFICER OF ONE SUCH MUNICIPALITY
SHALL  BE THE CUSTODIAN OF THE MONEYS MADE AVAILABLE FOR EXPENDITURE FOR
SUCH PURPOSES BY ALL SUCH MUNICIPALITIES AND THAT  SUCH  FISCAL  OFFICER
MAY  MAKE PAYMENTS THEREFROM UPON AUDIT OF THE APPROPRIATE AUDITING BODY
OR OFFICER OF HIS MUNICIPALITY. IN MAKING CLAIMS FOR STATE REIMBURSEMENT
PURSUANT TO THIS SECTION, EACH MUNICIPALITY SHALL CLAIM FOR ITS  PROPOR-
TIONATE SHARE OF EXPENDITURES. HOWEVER, WHERE THE AGREEMENT PROVIDES FOR
A  DISBURSING MUNICIPALITY, SUCH DISBURSING MUNICIPALITY SHALL CLAIM FOR
THE TOTAL JOINT PROGRAM EXPENDITURES MADE AND SHALL DISBURSE  THE  STATE
REIMBURSEMENT  TO EACH PARTICIPATING MUNICIPALITY BASED UPON THE PROPOR-
TIONATE SHARE OF EACH PARTICIPATING MUNICIPALITY'S EXPENDITURES.
  5. THE OFFICE OF CHILDREN AND FAMILY  SERVICES  SHALL  REPORT  TO  THE
GOVERNOR,  THE  SPEAKER  OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
SENATE, THE MINORITY LEADER OF THE ASSEMBLY AND THE MINORITY  LEADER  OF
THE  SENATE NO LATER THAN JULY FIRST, TWO THOUSAND TWELVE, AND EACH YEAR
THEREAFTER, DETAILING THE IMPLEMENTATION AND PROGRESS OF THE SUPERVISION
AND TREATMENT SERVICES FOR JUVENILES PROGRAM,  AS  ESTABLISHED  BY  THIS
SECTION.  THE  REPORT  SHALL  DETAIL  THE FOLLOWING INFORMATION FOR EACH
MUNICIPALITY, AS DEFINED BY THIS SECTION:
  (A) THE AMOUNT OF FUNDS DISBURSED TO DATE  FOR  THE  PREVIOUS  PROGRAM
YEAR OF THE SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM;
  (B) THE AMOUNT OF JUVENILE DETENTION FUNDS DISTRIBUTED BY SUCH DATE IN
ACCORDANCE WITH SECTION FIVE HUNDRED THIRTY OF THIS TITLE FOR THE PREVI-
OUS  PROGRAM  YEAR AND, IF ANY, THE AMOUNT OF SUCH FUNDS USED FOR SUPER-
VISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM;
  (C) THE NUMBER OF ALLEGED AND  ADJUDICATED  JUVENILE  DELINQUENTS  AND
PERSONS IN NEED OF SUPERVISION AND ALLEGED AND CONVICTED JUVENILE OFFEN-
DERS BEING SERVED BY SUCH PROGRAMS; AND
  (D) EACH PROGRAM NAME AND ITS PROVIDER.
  S  4.  Subdivisions 1, 2, 2-a, 3 and 4 of section 530 of the executive
law, subdivisions 1, 3 and 4 as amended by chapter 880 of  the  laws  of
1976,  subdivision  2  as  amended  by  chapter 920 of the laws of 1982,
subdivision 2-a as added and paragraph (a) of subdivision 4  as  amended
by chapter 419 of the laws of 1987, the closing paragraph of subdivision
2-a  as amended by chapter 465 of the laws of 1992, and paragraph (c) of
subdivision 4 as added by chapter 169 of the laws of 1994,  are  amended
to read as follows:
  1. Definitions. As used in this section, the [terms "local charge" and
"state  charge"  shall  have  the meaning ascribed to them in the social
services law] TERM "MUNICIPALITY" SHALL MEAN A COUNTY, OR A CITY  HAVING
A POPULATION OF ONE MILLION OR MORE.
  2.  Expenditures made by [social services districts] MUNICIPALITIES in
providing care, maintenance and supervision to youth in detention facil-
ities designated pursuant to sections seven hundred [twenty-four] TWENTY
and 305.2 of the family court act and  certified  by  the  division  for
youth,  shall be subject to reimbursement by the state [upon approval by
the division in accordance with its regulations], as follows:
  [(1) the full amount expended by the district  for  care,  maintenance
and supervision of state charges;
  (2) fifty percent of the amount expended for the care, maintenance and
supervision of local charges where counties conform with requirements of
subdivision B of section two hundred eighteen-a of the county law.

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

  2-a.  Expenditures  made  by  the  city of New York in providing care,
maintenance and supervision to youth detained pursuant to article  seven
of  the family court act in foster care facilities approved by the state
department of social services shall be subject to reimbursement  by  the
state upon the approval of the division, as follows:
  (1)  the  full  per  diem  rate  set by the state department of social
services for such programs for the care, maintenance and supervision  of
state charges;
  (2)  fifty percent of the per diem rate set by the state department of
social services for such programs for the care, maintenance  and  super-
vision  of local charges.  Notwithstanding the provisions of this subdi-
vision, section three hundred ninety-eight-a of the social services  law
shall  not  apply  to  facilities  certified by the division pursuant to
section five hundred three of this  chapter.]  (A)  NOTWITHSTANDING  ANY
PROVISION  OF  LAW  TO  THE CONTRARY, ELIGIBLE EXPENDITURES BY A MUNICI-
PALITY DURING A PARTICULAR PROGRAM YEAR FOR THE  CARE,  MAINTENANCE  AND
SUPERVISION  IN FOSTER CARE PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES, CERTIFIED OR APPROVED FAMILY  BOARDING  HOMES,  AND
NON-SECURE  DETENTION FACILITIES CERTIFIED BY THE OFFICE FOR THOSE YOUTH
ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED  PERSONS  IN
NEED  OF SUPERVISION HELD PENDING TRANSFER TO A FACILITY UPON PLACEMENT;
AND IN SECURE AND  NON-SECURE  DETENTION  FACILITIES  CERTIFIED  BY  THE
OFFICE IN ACCORDANCE WITH SECTION FIVE HUNDRED THREE OF THIS ARTICLE FOR
THOSE  YOUTH  ALLEGED  TO  BE JUVENILE DELINQUENTS; ADJUDICATED JUVENILE
DELINQUENTS HELD PENDING TRANSFER TO  A  FACILITY  UPON  PLACEMENT,  AND
JUVENILE  DELINQUENTS  HELD AT THE REQUEST OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES PENDING EXTENSION OF PLACEMENT HEARINGS OR RELEASE REVO-
CATION HEARINGS OR WHILE AWAITING  DISPOSITION  OF  SUCH  HEARINGS;  AND
YOUTH  ALLEGED TO BE OR CONVICTED AS JUVENILE OFFENDERS SHALL BE SUBJECT
TO STATE REIMBURSEMENT FOR UP TO FIFTY  PERCENT  OF  THE  MUNICIPALITY'S
EXPENDITURES,  EXCLUSIVE  OF  ANY  FEDERAL FUNDS MADE AVAILABLE FOR SUCH
PURPOSES, NOT TO EXCEED THE MUNICIPALITY'S DISTRIBUTION FROM FUNDS  THAT
HAVE  BEEN  APPROPRIATED  SPECIFICALLY  THEREFOR  FOR THAT PROGRAM YEAR.
MUNICIPALITIES SHALL IMPLEMENT THE  USE  OF  DETENTION  RISK  ASSESSMENT
INSTRUMENTS  IN  A  MANNER  PRESCRIBED  BY  THE  OFFICE  SO AS TO INFORM
DETENTION DECISIONS. NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO
THE CONTRARY, DATA NECESSARY FOR COMPLETION OF A DETENTION RISK  ASSESS-
MENT  INSTRUMENT  MAY  BE  SHARED  BETWEEN  LAW  ENFORCEMENT, PROBATION,
COURTS, DETENTION ADMINISTRATORS, DETENTION PROVIDERS, AND THE  ATTORNEY
FOR  THE  CHILD UPON RETENTION OR APPOINTMENT; SOLELY FOR THE PURPOSE OF
ACCURATE COMPLETION OF SUCH RISK ASSESSMENT INSTRUMENT, AND  A  COPY  OF
THE  COMPLETED DETENTION RISK ASSESSMENT INSTRUMENT SHALL BE MADE AVAIL-
ABLE TO THE APPLICABLE DETENTION PROVIDER AND THE COURT.
  (B) THE STATE FUNDS APPROPRIATED FOR JUVENILE DETENTION SERVICES SHALL
BE DISTRIBUTED TO ELIGIBLE MUNICIPALITIES BY THE OFFICE OF CHILDREN  AND
FAMILY  SERVICES  BASED  ON  A  PLAN  DEVELOPED  BY THE OFFICE WHICH MAY
CONSIDER HISTORICAL INFORMATION REGARDING THE NUMBER OF  YOUTH  REMANDED
TO  DETENTION, THE MUNICIPALITY'S REDUCTION IN THE USE OF DETENTION, THE
MUNICIPALITY'S YOUTH POPULATION, AND OTHER FACTORS AS DETERMINED BY  THE
OFFICE.  SUCH  PLAN  DEVELOPED  BY  THE  OFFICE  SHALL BE SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET. THE OFFICE IS AUTHORIZED, IN ITS
DISCRETION, TO MAKE ADVANCE DISTRIBUTIONS TO A  MUNICIPALITY  IN  ANTIC-
IPATION OF STATE REIMBURSEMENT.
  (C)  A MUNICIPALITY MAY ALSO USE THE FUNDS DISTRIBUTED TO IT FOR JUVE-
NILE DETENTION SERVICES UNDER THIS SECTION FOR A PARTICULAR PROGRAM YEAR
FOR SIXTY-TWO PERCENT OF  A  MUNICIPALITY'S  ELIGIBLE  EXPENDITURES  FOR

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

SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAMS APPROVED UNDER
SECTION  FIVE HUNDRED TWENTY-NINE-B OF THIS TITLE FOR SERVICES THAT WERE
NOT REIMBURSED FROM A MUNICIPALITY'S  DISTRIBUTION  UNDER  SUCH  PROGRAM
PROVIDED  TO  AT-RISK,  ALLEGED  OR  ADJUDICATED JUVENILE DELINQUENTS OR
PERSONS ALLEGED OR ADJUDICATED TO BE IN NEED OF SUPERVISION, OR  ALLEGED
TO BE OR CONVICTED AS JUVENILE OFFENDERS IN COMMUNITY-BASED NON-RESIDEN-
TIAL  SETTINGS. ANY CLAIMS SUBMITTED BY A MUNICIPALITY FOR REIMBURSEMENT
FOR DETENTION SERVICES OR SUPERVISION AND TREATMENT SERVICES  FOR  JUVE-
NILES  PROVIDED  DURING  A PARTICULAR PROGRAM YEAR FOR WHICH THE MUNICI-
PALITY DOES NOT RECEIVE  STATE  REIMBURSEMENT  FROM  THE  MUNICIPALITY'S
DISTRIBUTION  OF  DETENTION SERVICES FUNDS FOR THAT PROGRAM YEAR MAY NOT
BE CLAIMED AGAINST THE MUNICIPALITY'S DISTRIBUTION  OF  FUNDS  AVAILABLE
UNDER  THIS SECTION FOR THE NEXT APPLICABLE PROGRAM YEAR. THE OFFICE MAY
REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE  OFFICE  ELECTRONICALLY  AT
SUCH TIMES AND IN THE MANNER AND FORMAT REQUIRED BY THE OFFICE.
  (D)  DATA  COLLECTED FOR THE PURPOSES OF COMPLETING THE DETENTION RISK
ASSESSMENT INSTRUMENT FROM ANY SOURCE OTHER  THAN  AN  OFFICIALLY  DOCU-
MENTED RECORD SHALL BE CONFIRMED AS SOON AS PRACTICABLE. SHOULD ANY DATA
ORIGINALLY  UTILIZED  IN  COMPLETING  THE  RISK ASSESSMENT INSTRUMENT BE
FOUND TO CONFLICT  WITH  THE  OFFICIALLY  DOCUMENTED  RECORD,  THE  RISK
ASSESSMENT  INSTRUMENT SHALL BE COMPLETED WITH THE OFFICIALLY DOCUMENTED
DATA AND ANY CORRESPONDING REVISION TO THE RISK CATEGORIZATION SHALL  BE
MADE. THE OFFICE SHALL PERIODICALLY REVALIDATE ANY APPROVED RISK ASSESS-
MENT  INSTRUMENT.    THE  OFFICE  SHALL  CONSPICUOUSLY POST ANY APPROVED
DETENTION RISK ASSESSMENT INSTRUMENT ON ITS  WEBSITE  AND  SHALL  CONFER
WITH  APPROPRIATE  STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO, ATTORNEYS
FOR CHILDREN, PRESENTMENT AGENCIES, PROBATION,  AND  THE  FAMILY  COURT,
PRIOR  TO  REVISING  ANY  VALIDATED RISK ASSESSMENT INSTRUMENT. ANY SUCH
REVISED RISK ASSESSMENT INSTRUMENT SHALL BE SUBJECT TO  PERIODIC  EMPIR-
ICAL VALIDATION.
  3. Wherever detention services are not provided directly or indirectly
by  a  [social  services  district] MUNICIPALITY, the [district] MUNICI-
PALITY shall act as the intermediary between the  [division]  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES  and  the agency lawfully providing such
services, for the  purpose  of  claiming  and  receiving  reimbursement,
furnishing  financial  information  and  obtaining approval for reserved
accommodations pursuant to this section.
  4. (a) The [social services districts] MUNICIPALITY  must  notify  the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES of state aid
received  under  other  state  aid formulas by each detention facility[,
and, in the city of New York, by each  foster  care  facility  which  is
providing  care,  maintenance  and supervision] for which the [district]
MUNICIPALITY is seeking reimbursement pursuant to this section,  includ-
ing  but  not limited to, aid for education, probation and mental health
services.
  (b) In computing reimbursement  to  the  [social  services  districts]
MUNICIPALITY  pursuant  to  this  section,  the  [division] OFFICE shall
insure that the aggregate of state aid  under  all  state  aid  formulas
shall  not  exceed  fifty  percent  of the cost of care, maintenance and
supervision provided TO detainees ELIGIBLE FOR STATE REIMBURSEMENT UNDER
SUBDIVISION TWO OF THIS SECTION,  exclusive  of  federal  aid  for  such
purposes  NOT  TO  EXCEED  THE AMOUNT OF THE MUNICIPALITY'S DISTRIBUTION
UNDER THE JUVENILE DETENTION SERVICES PROGRAM.
  (c) Reimbursement for administrative related expenditures  as  defined
by the [director of the division for youth] OFFICE OF CHILDREN AND FAMI-
LY  SERVICES,  for  secure  and  nonsecure  detention services shall not

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

exceed seventeen percent of the total approved expenditures for  facili-
ties of twenty-five beds or more and shall not exceed twenty-one percent
of  the  total approved expenditures for facilities with less than twen-
ty-five beds.
  S  5.  Subparagraphs  1, 2 and 4 of paragraph (a) and paragraph (b) of
subdivision 5 of section 530 of the executive law, as amended by chapter
920 of the laws of 1982 and subparagraph 4 of paragraph (a) as added  by
chapter 419 of the laws of 1987, are amended to read as follows:
  (1) temporary care, maintenance and supervision provided alleged juve-
nile delinquents and persons in need of supervision in detention facili-
ties  certified  pursuant to sections seven hundred [twenty-four] TWENTY
and 305.2 of the family court act by the [division for youth] OFFICE  OF
CHILDREN AND FAMILY SERVICES, pending adjudication of alleged delinquen-
cy or alleged need of supervision by the family court, or pending trans-
fer  to institutions to which committed or placed by such court or while
awaiting disposition by such court after adjudication or  held  pursuant
to  a  securing order of a criminal court if the person named therein as
principal is under sixteen; or,
  (2) temporary care,  maintenance  and  supervision  provided  juvenile
delinquents  [and  persons in need of supervision] in approved detention
facilities at the request of the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES pending release revocation hearings or while  await-
ing disposition after such hearings; or
  (4)   temporary  care,  maintenance  and  supervision  provided  youth
detained in [the city of New York in] foster care facilities  OR  CERTI-
FIED  OR APPROVED FAMILY BOARDING HOMES pursuant to article seven of the
family court act.
  (b) Payments made for reserved accommodations, whether or not in  full
time  use,  approved  by the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES and certified pursuant to sections seven hundred  [twen-
ty-four]  TWENTY  and  305.2 of the family court act, in order to assure
that adequate accommodations will be available for the immediate  recep-
tion  and  proper  care  therein  of youth for which detention costs are
reimbursable pursuant to paragraph (a) of  this  subdivision,  shall  be
reimbursed  as  expenditures  for  care, maintenance and supervision [of
local charges] under the provisions of this section, provided the [divi-
sion] OFFICE shall have given its  prior  approval  for  reserving  such
accommodations.
  S  6.  Subdivisions  7  and  8 of section 530 of the executive law are
REPEALED and subdivision 9, as added by section 2 of part C  of  chapter
83  of the laws of 2002, is renumbered subdivision 7 and amended to read
as follows:
  7. The agency administering detention for each county and the city  of
New  York shall submit to the office of children and family services, AT
SUCH TIMES AND in such form and manner AND CONTAINING  SUCH  INFORMATION
as required by the office of children and family services, [a quarterly]
AN ANNUAL report on youth remanded pursuant to article three or seven of
the  family  court  act who are detained [for forty-five days or more in
any twelve month period] DURING EACH CALENDAR YEAR INCLUDING, COMMENCING
JANUARY FIRST, TWO THOUSAND TWELVE, THE  RISK  LEVEL  OF  EACH  DETAINED
YOUTH  AS ASSESSED BY A DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE OFFICE MAY REQUIRE  THAT
SUCH  DATA  ON  DETENTION USE BE SUBMITTED TO THE OFFICE ELECTRONICALLY.
Such report shall include, but not be limited to[:], the reason for  the
court's  determination in accordance with section 320.5 or seven hundred
thirty-nine of the family court act to detain the youth; the offense  or

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

offenses  with which the youth is charged; and all other reasons why the
youth remains detained. [Detention agencies shall submit each  quarterly
report  to  the  office within thirty days of the end of the quarter and
the office shall submit a compilation of all of the separate reports for
the  quarter  to the governor and the legislature within forty-five days
of the end of the quarter. The first quarterly report  shall  cover  the
last quarter of two thousand two.] THE OFFICE SHALL SUBMIT A COMPILATION
OF ALL THE SEPARATE REPORTS TO THE GOVERNOR AND THE LEGISLATURE.
  S  7.  Paragraph  (c) of subdivision 1 of section 531 of the executive
law, as added by chapter 43 of the laws of 1978, is amended to  read  as
follows:
  (c)  expenditures made by each [such social services district] MUNICI-
PALITY for the care, maintenance and supervision of youths in secure and
non-secure detention for which reimbursement  is  approved  pursuant  to
section five hundred thirty of this [chapter, or for which reimbursement
is  due  to  the  state  pursuant  to subdivision seven of such section]
TITLE, including  the  numbers  of  such  youths  in  each  category  of
detention facility and the per diem rates charged.
  S  8.  Paragraph  (b)  of subdivision 3 of section 320.5 of the family
court act, as added by section 1 of part DD of chapter 57 of the laws of
2008, is amended to read as follows:
  (b) Any finding directing detention pursuant to paragraph (a) of  this
subdivision  made  by the court shall state the facts, THE LEVEL OF RISK
THE YOUTH WAS ASSESSED PURSUANT TO A DETENTION RISK  ASSESSMENT  INSTRU-
MENT  APPROVED  BY  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, and THE
reasons for such finding INCLUDING, IF A DETERMINATION IS MADE TO  PLACE
A  YOUTH IN DETENTION WHO WAS ASSESSED AT A LOW OR MEDIUM RISK ON SUCH A
RISK ASSESSMENT INSTRUMENT, THE PARTICULAR  REASONS  WHY  DETENTION  WAS
DETERMINED TO BE NECESSARY.
  S  9. Subdivision 3 of section 720 of the family court act, as amended
by chapter 419 of the laws of 1987, is amended to read as follows:
  3. Detention of a person alleged to be or adjudicated as a  person  in
need  of  supervision  shall,  EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF
THIS SECTION, be authorized only in a FOSTER CARE PROGRAM  CERTIFIED  BY
THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, OR A CERTIFIED OR APPROVED
FAMILY BOARDING HOME, OR A NON-SECURE detention  facility  certified  by
the  [division  for youth except as provided in subdivision four of this
section] OFFICE AND IN ACCORDANCE WITH SECTION SEVEN HUNDRED THIRTY-NINE
OF THIS ARTICLE. THE SETTING OF THE DETENTION SHALL  TAKE  INTO  ACCOUNT
(A)  THE PROXIMITY TO THE COMMUNITY IN WHICH THE PERSON ALLEGED TO BE OR
ADJUDICATED AS A PERSON IN NEED OF SUPERVISION LIVES WITH SUCH  PERSON'S
PARENTS OR TO WHICH SUCH PERSON WILL BE DISCHARGED, AND (B) THE EXISTING
EDUCATIONAL  SETTING OF SUCH PERSON AND THE PROXIMITY OF SUCH SETTING TO
THE LOCATION OF THE DETENTION SETTING.
  S 10. Paragraph (iii) of subdivision (d) of section 728 of the  family
court act, as added by chapter 145 of the laws of 2000 and as renumbered
by section 5 of part E of chapter 57 of the laws of 2005, is amended and
a new paragraph (iv) is added to read as follows:
  (iii) where appropriate, whether reasonable efforts were made prior to
the  date  of the court hearing that resulted in the detention order, to
prevent or eliminate the need for removal of the child from his  or  her
home or, if the child had been removed from his or her home prior to the
court  appearance  pursuant  to this section, where appropriate, whether
reasonable efforts were made to make it possible for the child to safely
return home[.]; AND

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

  (IV) WHETHER THE SETTING OF THE DETENTION TAKES INTO ACCOUNT THE PROX-
IMITY TO THE COMMUNITY IN WHICH THE PERSON ALLEGED TO BE OR  ADJUDICATED
AS  A  PERSON IN NEED OF SUPERVISION LIVES WITH SUCH PERSON'S PARENTS OR
TO WHICH SUCH PERSON WILL BE DISCHARGED, AND  THE  EXISTING  EDUCATIONAL
SETTING OF SUCH PERSON AND THE PROXIMITY OF SUCH SETTING TO THE LOCATION
OF THE DETENTION SETTING.
  S  11.  Subdivision  12  of section 153 of the social services law, as
amended by section 13 of part C of section 83 of the laws  of  2002,  is
amended to read as follows:
  12.  Expenditures made by a social services district for the detention
in foster care facilities OR CERTIFIED OR APPROVED FAMILY BOARDING HOMES
of a person alleged to be or adjudicated as a person in need  of  super-
vision,  pursuant  to  article  seven  of the family court act, shall be
subject to reimbursement by the state in accordance with the  provisions
of  section  five hundred thirty of the executive law.  The care of such
person shall not be required to comply with the requirements of sections
four hundred nine-e and four hundred nine-f of this chapter.
  S 12. Subdivision 12 of section 398 of the  social  services  law,  as
added by chapter 419 of the laws of 1987, is amended to read as follows:
  12.  A  social  services  official shall be permitted to place persons
adjudicated in need of supervision or delinquent, and [in cities  having
a  population  of  one million or more] alleged persons to be in need of
supervision  [and  persons  adjudicated  in  need  of  supervision]   in
detention  pending  transfer  to  a  placement,  in the same foster care
facilities as are providing care  to  destitute,  neglected,  abused  or
abandoned  children.  Such foster care facilities shall not provide care
to a youth in the care of a social  services  official  as  a  convicted
juvenile offender.
  S  13.  This  act  shall take effect April 1, 2011; provided, however,
that: 1. section four of this  act  shall  apply  to  reimbursement  for
detention provided on or after January 1, 2011; and 2. the amendments to
subdivision 12 of section 153 of the social services law made by section
eleven  of  this act shall not affect the expiration of such subdivision
and shall expire therewith.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Subparts A and B of this act  shall  be
as specifically set forth in the last section of such Subparts.

                                 PART R

  Section  1.  Paragraph  (f)  of  subdivision 1 of section 424-a of the
social services law, as amended by chapter 441 of the laws of  1993,  is
amended, and a new paragraph (g) is added to read as follows:
  (f)  The  [department]  OFFICE  OF  CHILDREN AND FAMILY SERVICES shall
charge a fee of [five] TWENTY-FIVE  dollars  when[,  pursuant  to  regu-
lations  of  the department,] it conducts a search of its records within
the statewide central  register  for  child  abuse  or  maltreatment  in

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

accordance  with  this section or regulations of the [department] OFFICE
to determine whether an applicant for employment [as specified in  para-
graph  (b)  of  this  subdivision]  is the subject of an indicated child
abuse or maltreatment report[, except that fees shall not be charged for
requests for screenings related to applications for] INCLUDING AN APPLI-
CANT  TO BE A child day care [providers or for employment with child day
care providers including requests] PROVIDER AND A REQUEST made  pursuant
to  subdivision  six  of this section.   Such fees shall be deposited in
[an] A SPECIAL REVENUE - OTHER account and shall be  made  available  to
the [department] OFFICE for costs incurred in the implementation of this
section.  [Procedures  for  payment of such fees shall be established by
the regulations of the department.]
  (G) THE OFFICE SHALL DETERMINE ACTIONS NECESSARY TO DEVELOP  AN  AUTO-
MATED  SEARCH,  AVAILABLE  FOR  THE USE OF THE OFFICE, OF RECORDS AT THE
STATEWIDE CENTRAL REGISTRY OF CHILD ABUSE AND MALTREATMENT.
  S 2. This act shall take effect immediately and  shall  apply  to  any
request for a search of the records of the statewide central register of
child  abuse  or maltreatment that is received by the office of children
and family services on or after April 1, 2011.

                                 PART S

  Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
section  131-o  of  the  social services law, as amended by section 1 of
part I of chapter 58 of the  laws  of  2010,  are  amended  to  read  as
follows:
  (a)  in  the  case of each individual receiving family care, an amount
equal to at least $130.00 for each month beginning on or  after  January
first, two thousand [ten] ELEVEN.
  (b)  in  the  case  of  each individual receiving residential care, an
amount equal to at least $150.00 for each month beginning  on  or  after
January first, two thousand [ten] ELEVEN.
  (c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at least $178.00 for each month beginning on or
after January first, two thousand [ten] ELEVEN.
  (d) for the period commencing January  first,  two  thousand  [eleven]
TWELVE, the monthly personal needs allowance shall be an amount equal to
the  sum  of  the amounts set forth in subparagraphs one and two of this
paragraph:
  (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
subdivision; and
  (2)  the  amount  in subparagraph one of this paragraph, multiplied by
the percentage of any  federal  supplemental  security  income  cost  of
living adjustment which becomes effective on or after January first, two
thousand  [eleven]  TWELVE,  but  prior  to June thirtieth, two thousand
[eleven] TWELVE, rounded to the nearest whole dollar.
  S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
section  209 of the social services law, as amended by section 2 of part
I of chapter 58 of the laws of 2010, are amended to read as follows:
  (a) On and after January first, two  thousand  [ten]  ELEVEN,  for  an
eligible  individual  living  alone, $761.00; and for an eligible couple
living alone, $1115.00.
  (b) On and after January first, two  thousand  [ten]  ELEVEN,  for  an
eligible  individual  living with others with or without in-kind income,
$697.00; and for an eligible couple living with others with  or  without
in-kind income, $1057.00.

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

  (c)  On and after January first, two thousand [ten] ELEVEN, (i) for an
eligible individual receiving family care,  $940.48  if  he  or  she  is
receiving  such  care  in  the city of New York or the county of Nassau,
Suffolk, Westchester or  Rockland;  and  (ii)  for  an  eligible  couple
receiving  family  care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland, two times  the  amount  set  forth  in
subparagraph  (i) of this paragraph; or (iii) for an eligible individual
receiving such care in any other county in the state, $902.48; and  (iv)
for  an  eligible  couple receiving such care in any other county in the
state, two times the amount set forth  in  subparagraph  (iii)  of  this
paragraph.
  (d)  On and after January first, two thousand [ten] ELEVEN, (i) for an
eligible individual receiving residential care, $1109.00 if he or she is
receiving such care in the city of New York or  the  county  of  Nassau,
Suffolk,  Westchester  or  Rockland;  and  (ii)  for  an eligible couple
receiving residential care in the city of New  York  or  the  county  of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual  receiving such care in any other county in the state, $1079.00; and
(iv) for an eligible couple receiving such care in any other  county  in
the  state, two times the amount set forth in subparagraph (iii) of this
paragraph.
  (e) (i) On and after January first, two thousand [ten] ELEVEN, for  an
eligible  individual  receiving enhanced residential care, $1368.00; and
(ii) for an eligible couple receiving  enhanced  residential  care,  two
times the amount set forth in subparagraph (i) of this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision  shall  be  increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which  become
effective  on  or  after January first, two thousand [eleven] TWELVE but
prior to June thirtieth, two thousand [eleven] TWELVE.
  S 3. This act shall take effect December 31, 2011.

                                 PART T

  Intentionally omitted.

                                 PART U

  Section 1. Paragraph (a-2) of subdivision 2 of section  131-a  of  the
social  services  law,  as added by section 1 of part Y of chapter 57 of
the laws of 2009, is amended to read as follows:
  (a-2) For the period beginning July first, two thousand ten and ending
June thirtieth, two thousand [eleven]  TWELVE,  the  following  schedule
shall  be  the  standard of monthly need for determining eligibility for
all categories of assistance in and by all social services districts:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    $141        $225        $300        $386        $477        $551
  For each additional person in the household there shall  be  added  an
additional amount of seventy-five dollars monthly.
  S  2.  Paragraph (a-3) of subdivision 2 of section 131-a of the social
services law, as added by section 1 of part Y of chapter 57 of the  laws
of 2009, is amended to read as follows:
  (a-3)  For  the  period  beginning  July  first, two thousand [eleven]
TWELVE and thereafter, the following schedule shall be the  standard  of

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

monthly  need  for determining eligibility for all categories of assist-
ance in and by all social services districts:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    $158        $252        $335        $432        $533        $616
  For  each  additional  person in the household there shall be added an
additional amount of eighty-four dollars monthly.
  S 3. Paragraph (a-2) of subdivision 3 of section 131-a of  the  social
services  law, as added by section 2 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
  (a-2) For the period beginning July first, two thousand ten and ending
June thirtieth, two  thousand  [eleven]  TWELVE,  persons  and  families
determined  to  be  eligible  by the application of the standard of need
prescribed by the provisions of subdivision two of  this  section,  less
any  available  income  or resources which are not required to be disre-
garded by other provisions of this chapter, shall receive maximum month-
ly grants and allowances in all social services districts, in accordance
with the following schedule, for public assistance:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    $141        $225        $300        $386        $477        $551
  For each additional person in the household there shall  be  added  an
additional amount of seventy-five dollars monthly.
  S  4.  Paragraph (a-3) of subdivision 3 of section 131-a of the social
services law, as added by section 2 of part Y of chapter 57 of the  laws
of 2009, is amended to read as follows:
  (a-3)  For  the  period  beginning  July  first, two thousand [eleven]
TWELVE and thereafter, persons and families determined to be eligible by
the application of the standard of need prescribed by the provisions  of
subdivision  two of this section, less any available income or resources
which are not required to be disregarded by  other  provisions  of  this
chapter,  shall  receive  maximum  monthly  grants and allowances in all
social services districts, in accordance with  the  following  schedule,
for public assistance:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    $158        $252        $335        $432        $533        $616
  For  each  additional  person in the household there shall be added an
additional amount of eighty-four dollars monthly.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART V

  Intentionally omitted.

                                 PART W

  Section  1.  Section  39  of part P2 of chapter 62 of the laws of 2003
amending the state finance law and other laws  relating  to  authorizing
and  directing  the state comptroller to loan money to certain funds and
accounts, as amended by section 1 of part Z of chapter 57 of the laws of
2009, is amended to read as follows:
  S 39. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2003; provided,
however, that sections one, three, four, six, seven through fifteen, and

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

seventeen  of  this act shall expire March 31, 2004, when upon such date
the provisions of such sections shall be deemed repealed;  and  sections
thirty  and thirty-one of this act shall expire December 31, [2011] 2013
and  the  amendments  made  to  section 69-c of the state finance law by
section thirty-two of this act  shall  not  affect  the  expiration  and
repeal of such section and shall be deemed to be expired therewith.
  S 2. This act shall take effect immediately.

                                 PART X

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

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

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

                                 PART Y

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

                                 PART Z

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

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

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

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

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

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

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

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

                                 PART BB

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

S. 2808--D                         117                        A. 4008--D

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                                 PART CC

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

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

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

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

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

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

GRADE  OF  HIS  OR  HER  COMMERCIAL DRIVER'S LICENSE TO A NON-COMMERCIAL
DRIVER'S LICENSE.
  S  7.  Subdivision  1 of section 514 of the vehicle and traffic law is
amended by adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A), (B) AND  (C)  OF
THIS  SUBDIVISION,  UPON A JUDGMENT OF CONVICTION FOR A VIOLATION OF ANY
PROVISIONS OF THIS CHAPTER OR OF ANY LOCAL LAW, RULE, ORDINANCE OR REGU-
LATION RELATING TO TRAFFIC (EXCEPT ONE RELATED TO PARKING,  STOPPING  OR
STANDING), THE COURT OR THE CLERK THEREOF SHALL, WITHIN NINETY-SIX HOURS
OF  THE  IMPOSITION  OF  THE  SENTENCE, FILE THE CERTIFICATE REQUIRED BY
PARAGRAPH (A) OF THIS SUBDIVISION, IF THE PERSON CONVICTED: (I)  IS  THE
HOLDER OF A COMMERCIAL DRIVER'S LICENSE ISSUED BY ANOTHER STATE; OR (II)
DOES  NOT  HOLD  A  COMMERCIAL  DRIVER'S  LICENSE, BUT HAS BEEN ISSUED A
LICENSE BY ANOTHER STATE AND  IS  CONVICTED  OF  A  VIOLATION  THAT  WAS
COMMITTED  IN A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION FOUR
OF SECTION FIVE HUNDRED ONE-A OF THIS TITLE.
  S 8. Section 170.55 of the criminal procedure law is amended by adding
a new subdivision 9 to read as follows:
  9. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  A  COURT  MAY
NOT ISSUE AN ORDER ADJOURNING AN ACTION IN CONTEMPLATION OF DISMISSAL IF
THE OFFENSE IS FOR A VIOLATION OF THE VEHICLE AND TRAFFIC LAW RELATED TO
THE  OPERATION  OF A MOTOR VEHICLE (EXCEPT ONE RELATED TO PARKING, STOP-
PING OR STANDING), OR A VIOLATION OF A  LOCAL  LAW,  RULE  OR  ORDINANCE
RELATED  TO  THE    OPERATION  OF A MOTOR VEHICLE (EXCEPT ONE RELATED TO
PARKING, STOPPING OR STANDING), IF SUCH OFFENSE  WAS  COMMITTED  BY  THE
HOLDER OF A COMMERCIAL DRIVER'S LICENSE OR WAS COMMITTED IN A COMMERCIAL
MOTOR  VEHICLE,  AS  DEFINED IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED
ONE-A OF THE VEHICLE AND TRAFFIC LAW.
  S 9. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law; provided, however, that sections two, three, four,
five and six of this act shall take effect January 30,  2012,  provided,
however, that the addition, amendment and/or repeal of any rule or regu-
lation  necessary  for  the  implementation of this act on its effective
date are authorized and directed to be made and completed on  or  before
such effective date.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the applicable effective date of Parts A through CC of this act shall be
as specifically set forth in the last section of such Parts.