LBD11937-03-1
A. 8447 2
in relation to project labor agreements; and to repeal certain
provisions of such law relating thereto (Part O); to amend the general
municipal law, in relation to municipal bidding (Part P); authorizing
a county to enter into a cooperative agreement with school districts,
towns and villages within such county to provide for health care bene-
fits for their employees (Part Q); to amend the education law, in
relation to authorizing boards of cooperative educational services to
engage in collective bargaining with employee organizations represent-
ing teachers and other employees of component school districts (Part
R); to amend the education law, in relation to the streamlining of
planning and reporting requirements for school districts and boards of
cooperative educational services; to amend the education law, in
relation to the effectiveness of additional costs to school districts
(Part S); and to amend the education law, in relation to the powers of
the commissioner of education pertaining to individualized education
programs, excluding the issue of the cost of criminal history records
searches from collective bargaining negotiations, the adoption of
professional development plans for teachers, and the frequency of
safety inspections of school buildings and building condition surveys
(Part T)
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 enact the New York state taxpayer protection and
mandate relief act. Each component is wholly contained within a Part
identified as Parts A through R. 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 reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section four of this act sets forth the
general effective date of this act.
S 2. This act shall be known and may be cited as the "New York state
taxpayer protection and mandate relief act".
PART A
Section 1. The state finance law is amended by adding a new article 17
to read as follows:
ARTICLE 17
SPENDING GROWTH CAP ACT
SECTION 250. DEFINITIONS.
251. ESTABLISHMENT OF ANNUAL SPENDING GROWTH CAP.
252. PROVISIONS REGARDING DECLARATION OF EMERGENCY.
S 250. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS OTHERWISE SPECIFIED:
1. "ANNUAL SPENDING GROWTH CAP" SHALL MEAN A PERCENTAGE DETERMINED BY
ADDING THE INFLATION RATES FROM EACH OF THE THREE CALENDAR YEARS IMME-
DIATELY PRIOR TO THE COMMENCEMENT OF A GIVEN FISCAL YEAR AND THEN DIVID-
ING THAT SUM BY THREE.
2. "STATE OPERATING FUNDS SPENDING" SHALL MEAN ANNUAL DISBURSEMENTS OF
ALL GOVERNMENTAL FUND TYPES INCLUDED IN THE CASH-BASIS FINANCIAL PLAN OF
A. 8447 3
THE STATE, EXCLUDING DISBURSEMENTS FROM FEDERAL FUNDS AND CAPITAL
PROJECT FUNDS.
3. "INFLATION RATE" SHALL MEAN THE PERCENTAGE CHANGE IN THE
TWELVE-MONTH AVERAGE OF THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS
AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR
STATISTICS OR ANY SUCCESSOR AGENCY FOR A GIVEN CALENDAR YEAR COMPARED TO
THE PRIOR CALENDAR YEAR.
4. "EXECUTIVE BUDGET" SHALL MEAN THE BUDGET SUBMITTED ANNUALLY BY THE
GOVERNOR PURSUANT TO SECTION ONE OF ARTICLE VII OF THE STATE CONSTITU-
TION.
5. "STATE BUDGET AS ENACTED" SHALL MEAN THE BUDGET ACTED UPON BY THE
LEGISLATURE IN A GIVEN FISCAL YEAR, AS SUBJECT TO SECTION FOUR OF ARTI-
CLE VII OF THE STATE CONSTITUTION AND SECTION SEVEN OF ARTICLE IV OF THE
STATE CONSTITUTION.
6. "EMERGENCY" SHALL MEAN AN EXTRAORDINARY, UNFORESEEN, OR UNEXPECTED
OCCURRENCE, OR COMBINATION OF CIRCUMSTANCES, INCLUDING BUT NOT LIMITED
TO A NATURAL DISASTER, INVASION, TERRORIST ATTACK, OR ECONOMIC CALAMITY.
S 251. ESTABLISHMENT OF ANNUAL SPENDING GROWTH CAP. 1. THERE IS HERE-
BY ESTABLISHED AN ANNUAL SPENDING GROWTH CAP.
2. THE GOVERNOR SHALL NOT SUBMIT, AND THE LEGISLATURE SHALL NOT ACT
UPON, A BUDGET THAT CONTAINS A PERCENTAGE INCREASE OVER THE PRIOR FISCAL
YEAR IN STATE OPERATING FUNDS SPENDING WHICH EXCEEDS THE ANNUAL SPENDING
GROWTH CAP.
3. THE GOVERNOR SHALL CERTIFY IN WRITING THAT STATE OPERATING FUNDS
SPENDING IN THE EXECUTIVE BUDGET DOES NOT EXCEED THE ANNUAL SPENDING
GROWTH CAP. IF FINAL INFLATION RATE DATA FOR THE PRIOR CALENDAR YEAR IS
NOT YET AVAILABLE AT THE TIME THE GOVERNOR SUBMITS HIS OR HER EXECUTIVE
BUDGET, HE OR SHE SHALL FURNISH A REASONABLE ESTIMATE OF SUCH PRIOR
CALENDAR YEAR INFLATION RATE.
4. THE COMPTROLLER SHALL PROVIDE, WITHIN FIVE DAYS OF ACTION BY THE
LEGISLATURE UPON THE BUDGET, A DETERMINATION AS TO WHETHER THE STATE
OPERATING FUNDS SPENDING AS SET FORTH IN THE STATE BUDGET AS ENACTED
EXCEEDS THE ANNUAL SPENDING GROWTH CAP.
5. IF THE COMPTROLLER FINDS THAT STATE OPERATING FUNDS SPENDING AS SET
FORTH IN THE STATE BUDGET AS ENACTED EXCEEDS THE ANNUAL SPENDING GROWTH
CAP, THE GOVERNOR SHALL TAKE CORRECTIVE ACTION TO ENSURE THAT FUNDING IS
LIMITED TO THE AMOUNT OF THE ANNUAL SPENDING CAP.
S 252. PROVISIONS REGARDING DECLARATION OF EMERGENCY. 1. UPON A FIND-
ING OF AN EMERGENCY BY THE GOVERNOR, HE OR SHE MAY DECLARE AN EMERGENCY
BY AN EXECUTIVE ORDER WHICH SHALL SET FORTH THE REASONS FOR SUCH DECLA-
RATION.
2. BASED UPON SUCH DECLARATION, THE GOVERNOR MAY SUBMIT, AND THE
LEGISLATURE MAY AUTHORIZE, BY A TWO-THIRDS SUPER MAJORITY, A BUDGET
CONTAINING A PERCENTAGE INCREASE OVER THE PRIOR FISCAL YEAR IN STATE
OPERATING FUNDS SPENDING THAT EXCEEDS THE ANNUAL SPENDING GROWTH CAP.
S 2. Subdivision 2 of section 92-cc of the state finance law, as added
by chapter 1 of the laws of 2007, is amended to read as follows:
2. Such fund shall have a maximum balance not to exceed [three] TEN
per centum of the aggregate amount projected to be disbursed from the
general fund during the fiscal year immediately following the then-cur-
rent fiscal year.
S 3. This act shall take effect immediately.
PART B
A. 8447 4
Section 1. The legislative law is amended by adding a new section 51-a
to read as follows:
S 51-A. MORATORIUM ON UNFUNDED MANDATES. 1. DEFINITIONS. AS USED IN
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "LOCAL GOVERNMENT" MEANS A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT, OR SPECIAL DISTRICT.
(B) "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 ANY PROGRAM, PROJECT, OR ACTIVITY AFTER
SUBTRACTING THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH LOCAL
GOVERNMENT IN RELATION TO SUCH PROGRAM, PROJECT, OR ACTIVITY, INCLUDING
BUT NOT LIMITED TO:
(I) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV-
ITY;
(II) STATE OR FEDERAL FUNDS RECEIVED FOR SUCH PROGRAM, PROJECT, OR
ACTIVITY; AND
(III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM, PROJECT, OR ACTIVITY THAT STATE LAW
REQUIRES SUCH LOCAL GOVERNMENT TO PROVIDE OR UNDERTAKE.
(C) "UNFUNDED MANDATE" MEANS:
(I) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE OR
UNDERTAKE ANY NEW PROGRAM, PROJECT OR ACTIVITY THAT RESULTS IN AN ANNUAL
NET ADDITIONAL COST TO ANY LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND
DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERN-
MENTS WITHIN THE STATE IN EXCESS OF ONE MILLION DOLLARS; OR
(II) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE A HIGH-
ER LEVEL OF SERVICE OR FUNDING FOR AN EXISTING PROGRAM, PROJECT OR
ACTIVITY THAT RESULTS IN AN ANNUAL NET ADDITIONAL COST TO ANY LOCAL
GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET
ADDITIONAL COST TO ALL LOCAL GOVERNMENTS WITHIN THE STATE IN EXCESS OF
ONE MILLION DOLLARS; OR
(III) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO GRANT ANY NEW
PROPERTY TAX EXEMPTION OR THAT BROADENS THE ELIGIBILITY OR INCREASES THE
DOLLAR AMOUNT OF ANY EXISTING PROPERTY TAX EXEMPTION, ON PROPERTY THAT
OTHERWISE WOULD HAVE GENERATED REVENUE UNDER THE CURRENT PROPERTY TAX
RATE OF SUCH LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS IN ANY
LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS STATEWIDE; OR
(IV) ANY STATE LAW WITH A LEGAL REQUIREMENT THAT WOULD OTHERWISE LIKE-
LY HAVE THE EFFECT OF RAISING PROPERTY TAXES IN EXCESS OF TEN THOUSAND
DOLLARS IN ANY LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS
STATEWIDE.
2. MORATORIUM ON UNFUNDED MANDATES. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, NO UNFUNDED MANDATES SHALL BE ENACTED.
3. EXEMPTIONS. (A) A STATE LAW SHALL NOT BE CONSIDERED AN UNFUNDED
MANDATE WHERE SUCH LAW:
(I) IS REQUIRED BY A COURT ORDER OR JUDGMENT; OR
(II) IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT UNDER A LAW
THAT IS PERMISSIVE RATHER THAN MANDATORY; OR
(III) RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE WHEREBY A LOCAL
GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE SPECI-
FIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY UPON THAT LOCAL
GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE PROGRAM OR
SERVICE; OR
(IV) IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLEMENTS 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 EXECU-
A. 8447 5
TIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT; OR
(V) IS IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN THE
SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES; OR
(VI) REPEALS OR REVISES A STATE LAW TO EASE AN EXISTING REQUIREMENT
THAT A LOCAL GOVERNMENT PROVIDE OR UNDERTAKE A PROGRAM, PROJECT, OR
ACTIVITY, OR REAPPORTIONS THE COSTS OF ACTIVITIES BETWEEN LOCAL GOVERN-
MENTS; OR
(VII) IS NECESSARY TO PROTECT AGAINST AN IMMEDIATE THREAT TO PUBLIC
HEALTH OR SAFETY.
(B) THE EFFECTIVE DATE OF ANY ACT ESTABLISHING A MANDATE SHALL PROVIDE
A REASONABLE TIME FOR THE STATE AND ANY LOCAL GOVERNMENT TO PLAN IMPLE-
MENTATION THEREOF AND SHALL BE CONSISTENT WITH THE AVAILABILITY OF
REQUIRED FUNDS.
S 2. The legislative law is amended by adding a new section 51-b to
read as follows:
S 51-B. SUNSET ON ENACTED LAWS IMPOSING A NET ADDITIONAL COST. EVERY
BILL WHICH ENACTS A PROVISION OF LAW THAT IMPOSES AN ANNUAL NET ADDI-
TIONAL COST TO ANY LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS OR
AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERNMENTS WITHIN
THE STATE IN EXCESS OF ONE MILLION DOLLARS, BEYOND REVENUES RECEIVED BY
SUCH LOCAL GOVERNMENT IN RELATION TO SUCH LAW, SHALL PROVIDE FOR THE
EXPIRATION OF SUCH LAW WITHIN TWO YEARS AFTER ITS EFFECTIVE DATE.
S 3. Section 51 of the legislative law, as added by chapter 985 of the
laws of 1983, is amended to read as follows:
S 51. Fiscal [impact] notes on bills affecting political subdivisions.
1. For the purpose of this section, the term "political subdivision"
means any county, city, town, village, special district or school
district.
2. [The legislature shall by concurrent resolution of the senate and
assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
rate form, bills and amendments to bills, except as otherwise prescribed
by such rules, which] A BILL THAT would substantially affect the reven-
ues or expenses, or both, of any political subdivision SHALL CONTAIN A
FISCAL NOTE STATING THE ESTIMATED ANNUAL COST TO THE POLITICAL SUBDIVI-
SION AFFECTED AND THE SOURCE OF SUCH ESTIMATE.
3. Fiscal notes shall not, however, be required for bills: (a) subject
to the provisions of section fifty of this chapter, or (b) accompanied
by special home rule requests submitted by political subdivisions, or
(c) which provide discretionary authority to political subdivisions, or
(d) submitted pursuant to section twenty-four of the state finance law.
4. If the estimate or estimates contained in a fiscal note are inaccu-
rate, such inaccuracies shall not affect, impair or invalidate such
bill.
S 4. This act shall take effect immediately, provided, however, that
sections one and two of this act shall only apply to laws enacted after
such effective date.
PART C
Section 1. The executive law is amended by adding a new article 5-A to
read as follows:
ARTICLE 5-A
UNFUNDED MANDATE REFORM PLAN
SECTION 75. DUTY OF GOVERNOR TO EXAMINE UNFUNDED MANDATES; LEGISLATIVE
PURPOSE.
A. 8447 6
76. DEFINITIONS.
77. FINDINGS BY GOVERNOR; ISSUANCE OF UNFUNDED MANDATE REFORM
PLAN.
78. CONTENTS OF UNFUNDED MANDATE REFORM PLAN.
79. EFFECTIVE DATE OF UNFUNDED MANDATE REFORM PLAN.
80. EXEMPTIONS.
S 75. DUTY OF GOVERNOR TO EXAMINE UNFUNDED MANDATES; LEGISLATIVE
PURPOSE. THE GOVERNOR, FROM TIME TO TIME, SHALL EXAMINE THOSE MANDATES
IMPOSED BY THE STATE ON LOCAL GOVERNMENTS AND SCHOOL DISTRICTS THAT THE
STATE DOES NOT PROVIDE ADEQUATE FUNDING TO SUPPORT, AND SHALL DETERMINE
WHICH CHANGES ARE NECESSARY TO REDUCE THE BURDEN OF THESE UNFUNDED
MANDATES ON POLITICAL SUBDIVISIONS.
S 76. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "LOCAL GOVERNMENT" MEANS A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT, OR SPECIAL DISTRICT.
2. "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 ANY PROGRAM, PROJECT, OR ACTIVITY AFTER
SUBTRACTING THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH LOCAL
GOVERNMENT IN RELATION TO SUCH PROGRAM, PROJECT, OR ACTIVITY, INCLUDING
BUT NOT LIMITED TO:
(A) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV-
ITY;
(B) STATE OR FEDERAL FUNDS RECEIVED FOR SUCH PROGRAM, PROJECT, OR
ACTIVITY; AND
(C) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMINATION
OF ANY OTHER PROGRAM, PROJECT, OR ACTIVITY THAT STATE LAW REQUIRES SUCH
LOCAL GOVERNMENT TO PROVIDE OR UNDERTAKE.
3. "UNFUNDED MANDATE" MEANS:
(A) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE OR
UNDERTAKE ANY NEW PROGRAM, PROJECT OR ACTIVITY THAT RESULTS IN AN ANNUAL
NET ADDITIONAL COST TO ANY LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND
DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERN-
MENTS WITHIN THE STATE IN EXCESS OF ONE MILLION DOLLARS; OR
(B) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE A HIGHER
LEVEL OF SERVICE OR FUNDING FOR AN EXISTING PROGRAM, PROJECT OR ACTIVITY
THAT RESULTS IN AN ANNUAL NET ADDITIONAL COST TO ANY LOCAL GOVERNMENT IN
EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL
COST TO ALL LOCAL GOVERNMENTS WITHIN THE STATE IN EXCESS OF ONE MILLION
DOLLARS; OR
(C) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO GRANT ANY NEW
PROPERTY TAX EXEMPTION OR THAT BROADENS THE ELIGIBILITY OR INCREASES THE
DOLLAR AMOUNT OF ANY EXISTING PROPERTY TAX EXEMPTION, ON PROPERTY THAT
OTHERWISE WOULD HAVE GENERATED REVENUE UNDER THE CURRENT PROPERTY TAX
RATE OF SUCH LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS IN ANY
LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS STATEWIDE; OR
(D) ANY STATE LAW WITH A LEGAL REQUIREMENT THAT WOULD OTHERWISE LIKELY
HAVE THE EFFECT OF RAISING PROPERTY TAXES IN EXCESS OF TEN THOUSAND
DOLLARS IN ANY LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS
STATEWIDE.
S 77. FINDINGS BY GOVERNOR; ISSUANCE OF UNFUNDED MANDATE REFORM PLAN.
1. WHENEVER THE GOVERNOR FINDS IT TO BE IN THE PUBLIC INTEREST, HE OR
SHE MAY SUBMIT TO THE LEGISLATURE AN UNFUNDED MANDATE REFORM PLAN.
A. 8447 7
2. NOTHING IN THIS ARTICLE SHALL PROHIBIT OR LIMIT THE AUTHORITY OF
THE GOVERNOR OR LEGISLATURE TO REPEAL, REVISE OR PROVIDE FUNDING FOR
UNFUNDED MANDATES PURSUANT TO ANY OTHER LAWFUL PROCESS.
S 78. CONTENTS OF UNFUNDED MANDATE REFORM PLAN. AN UNFUNDED MANDATE
REFORM PLAN SHALL:
1. SET FORTH AS FINDINGS IN SUCH PLAN, A DESCRIPTION OF THE NATURE AND
PURPOSES OF THE UNFUNDED MANDATE REFORM PLAN, TOGETHER WITH AN EXPLANA-
TION OF THE ADVANTAGES THAT WILL RESULT FROM ITS IMPLEMENTATION, INCLUD-
ING THE ANTICIPATED SAVINGS AND COSTS ASSOCIATED WITH EACH REPEAL OR
REVISION OF AN UNFUNDED MANDATE;
2. DESCRIBE IN DETAIL OTHER ACTIONS, IF ANY, NECESSARY TO IMPLEMENT
THAT PLAN;
3. ANY PRELIMINARY ACTIONS WHICH HAVE BEEN TAKEN IN IMPLEMENTING THE
PLAN; AND
4. PROVIDE A PROJECTED TIMETABLE FOR COMPLETION OF THE IMPLEMENTATION
PROCESS.
S 79. EFFECTIVE DATE OF UNFUNDED MANDATE REFORM PLAN. 1. THE UNFUNDED
MANDATE REFORM PLAN SUBMITTED BY THE GOVERNOR SHALL BE VOTED ON BY EACH
HOUSE OF THE LEGISLATURE, WITH OR WITHOUT AMENDMENTS, WITHIN SIXTY DAYS
AFTER SUCH SUBMISSION. THE GOVERNOR MAY SUBMIT ONLY ONE SUCH PLAN ANNU-
ALLY AND MAY AMEND THAT PLAN ONE TIME WITHIN THE FIRST THIRTY DAYS AFTER
SUCH SUBMISSION. WITHOUT THE CONSENT OF BOTH HOUSES OF THE LEGISLATURE,
NEITHER A PLAN NOR AN AMENDMENT MAY BE SUBMITTED BY THE GOVERNOR AFTER
THE THIRTIETH DAY OF APRIL IN ANY YEAR.
2. UNDER PROVISIONS CONTAINED IN AN UNFUNDED MANDATE REFORM PLAN, A
PROVISION OF THE PLAN MAY BE EFFECTIVE AT A TIME LATER THAN THE DATE ON
WHICH THE PLAN OTHERWISE IS EFFECTIVE.
S 80. EXEMPTIONS. 1. A STATE LAW SHALL NOT BE CONSIDERED AN UNFUNDED
MANDATE WHERE SUCH LAW:
(A) IS REQUIRED BY A COURT ORDER OR JUDGMENT; OR
(B) IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT UNDER A LAW THAT
IS PERMISSIVE RATHER THAN MANDATORY; OR
(C) RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE WHEREBY A LOCAL
GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE SPECI-
FIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY UPON THAT LOCAL
GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE PROGRAM OR
SERVICE; OR
(D) IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLEMENTS A FEDER-
AL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE FEDERAL
GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR EXECU-
TIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT; OR
(E) IS IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN THE
SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES; OR
(F) REPEALS OR REVISES A STATE LAW TO EASE AN EXISTING REQUIREMENT
THAT A LOCAL GOVERNMENT PROVIDE OR UNDERTAKE A PROGRAM, PROJECT, OR
ACTIVITY, OR REAPPORTIONS THE COSTS OF ACTIVITIES BETWEEN LOCAL GOVERN-
MENTS; OR
(G) IS NECESSARY TO PROTECT AGAINST AN IMMEDIATE THREAT TO PUBLIC
HEALTH OR SAFETY.
2. THE EFFECTIVE DATE OF ANY ACT ESTABLISHING A MANDATE SHALL PROVIDE
A REASONABLE TIME FOR THE STATE AND ANY LOCAL GOVERNMENT TO PLAN IMPLE-
MENTATION THEREOF AND SHALL BE CONSISTENT WITH THE AVAILABILITY OF
REQUIRED FUNDS.
S 2. The legislative law is amended by adding a new section 54-c to
read as follows:
A. 8447 8
S 54-C. UNFUNDED MANDATE REFORM PLAN. THE LEGISLATURE MAY BY CONCUR-
RENT RESOLUTION PRESCRIBE RULES FOR THE CONSIDERATION AND DISPOSITION OF
AN UNFUNDED MANDATE REFORM PLAN, AS DEFINED IN ARTICLE FIVE-A OF THE
EXECUTIVE LAW.
S 3. This act shall take effect immediately.
PART D
Section 1. The retirement and social security law is amended by adding
a new article 23 to read as follows:
ARTICLE 23
DEFINED CONTRIBUTION PLAN
SECTION 1300. APPLICABILITY.
1301. DEFINITIONS.
1302. DEFINED CONTRIBUTION PLAN.
1303. EMPLOYER NOT LIABLE FOR PAYMENT OF BENEFITS.
S 1300. APPLICABILITY. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, THE PROVISIONS OF THIS ARTICLE SHALL BE APPLICABLE TO ALL
EMPLOYEES IN THE NEW YORK STATE RETIREMENT SYSTEM OR NEW YORK CITY
RETIREMENT SYSTEM, AS DEFINED IN SECTION THIRTEEN HUNDRED ONE OF THIS
ARTICLE, WHO FIRST JOINED SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE. UNDER NO CIRCUMSTANCES SHALL AN EMPLOYEE WHO JOINS A NEW
YORK STATE RETIREMENT SYSTEM OR A NEW YORK CITY RETIREMENT SYSTEM AFTER
APRIL FIRST, TWO THOUSAND TWELVE, BE ELIGIBLE FOR PARTICIPATION IN A
DEFINED BENEFIT RETIREMENT PLAN, AS ESTABLISHED UNDER ARTICLE EIGHT,
ELEVEN, FOURTEEN, FIFTEEN OR TWENTY-TWO OF THIS CHAPTER, ARTICLE ELEVEN
OF THE EDUCATION LAW OR TITLE THIRTEEN OF THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK.
S 1301. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE THE TERMS: A.
"NEW YORK STATE RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK STATE AND LOCAL POLICE
AND FIRE RETIREMENT SYSTEM, AND THE NEW YORK STATE TEACHERS' RETIREMENT
SYSTEM.
B. "NEW YORK CITY RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK CITY
EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS' RETIREMENT
SYSTEM, THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT SYSTEM, THE NEW
YORK CITY POLICE DEPARTMENT PENSION FUND, AND THE NEW YORK CITY FIRE
DEPARTMENT PENSION FUND.
C. "TRUSTEE" SHALL BE: (1) THE NEW YORK STATE COMPTROLLER FOR THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE
AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM; (2) THE BOARD OF TRUSTEES
FOR THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM; (3) THE BOARD OF
TRUSTEES FOR THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM; (4) THE
BOARD OF TRUSTEES FOR ANY NEW YORK CITY RETIREMENT SYSTEM OR THE CITY
COMPTROLLER.
D. "EMPLOYEES' RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM AND THE NEW YORK CITY EMPLOYEES'
RETIREMENT SYSTEM.
E. "TEACHERS' RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK STATE TEACH-
ERS' RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM
AND THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT SYSTEM.
F. "POLICE AND FIRE RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK STATE
AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM, THE NEW YORK CITY POLICE
DEPARTMENT PENSION FUND, AND THE NEW YORK CITY FIRE DEPARTMENT PENSION
FUND.
A. 8447 9
G. "PARTICIPATING EMPLOYER" SHALL MEAN AN EMPLOYER PARTICIPATING IN A
NEW YORK STATE RETIREMENT SYSTEM OR A NEW YORK CITY RETIREMENT SYSTEM.
S 1302. DEFINED CONTRIBUTION PLAN. A. THE DEFINED CONTRIBUTION PLAN IS
HEREBY ESTABLISHED. THE TRUSTEE FOR EACH RESPECTIVE NEW YORK STATE
RETIREMENT SYSTEM AND NEW YORK CITY RETIREMENT SYSTEM SHALL ADOPT RULES
AND REGULATIONS REGARDING THE STANDARDS AND REQUIREMENTS OF THE DEFINED
CONTRIBUTION PLAN ESTABLISHED PURSUANT TO THIS SECTION, INCLUDING
SELECTION OF FINANCIAL ORGANIZATIONS FOR INVESTMENT PURPOSES.
B. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEFINED
CONTRIBUTION PLAN SHALL BE ESTABLISHED FOR ALL MEMBERS WHO ARE EMPLOYED
BY THE STATE OF NEW YORK OR ANY PARTICIPATING EMPLOYER WHICH HAS ELECTED
TO PARTICIPATE IN A NEW YORK STATE RETIREMENT SYSTEM OR NEW YORK CITY
RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
(2) THE TRUSTEE FOR EACH RESPECTIVE NEW YORK STATE RETIREMENT SYSTEM
AND NEW YORK CITY RETIREMENT SYSTEM SHALL ENTER INTO WRITTEN AGREEMENTS
WITH ONE OR MORE FINANCIAL ORGANIZATIONS TO ADMINISTER THE DEFINED
CONTRIBUTION PLAN FOR MEMBERS AND TO INVEST FUNDS HELD PURSUANT TO SUCH
PLAN.
(3) THE RULES AND REGULATIONS PROMULGATED BY THE TRUSTEE FOR EACH
RESPECTIVE NEW YORK STATE RETIREMENT SYSTEM AND NEW YORK CITY RETIREMENT
SYSTEM SHALL ESTABLISH STANDARDS FOR THE SELECTION OF FINANCIAL ORGAN-
IZATIONS, AUTHORIZED TO DO BUSINESS IN THIS STATE, TO PARTICIPATE IN
SUCH PLANS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING CRITERIA: (I)
RATES OF COMMISSION, BROKERAGE AND OTHER FEES, ADMINISTRATIVE EXPENSES
AND RELATED SERVICE CHARGES IMPOSED BY THE FINANCIAL ORGANIZATION; (II)
VARIETY OF TYPES OF INVESTMENT OPPORTUNITIES OFFERED BY THE FINANCIAL
ORGANIZATION AND/OR AMONG THE FINANCIAL ORGANIZATIONS SELECTED AND THE
ABILITY TO TRANSFER AMONG SUCH OPPORTUNITIES; (III) THE STABILITY OF THE
FINANCIAL ORGANIZATION AS EVIDENCED BY EXPERIENCE, REPUTATION, ASSETS
AND HOLDINGS, AND ABILITY TO GUARANTEE SPECIFIC RATES OF RETURN; (IV)
ABILITY TO COMPLY WITH REPORTING REQUIREMENTS TO THE COMPTROLLER AND TO
PARTICIPANTS IN SUCH A PLAN; AND (V) SUCH OTHER FACTORS WHICH WOULD BE
CONSIDERED BY A PRUDENT INVESTOR IN SUCH A PLAN.
(4) THE PRESIDENT OF THE STATE CIVIL SERVICE COMMISSION, SUBJECT TO
THE RULES AND REGULATIONS OF THE TRUSTEE FOR EACH RESPECTIVE NEW YORK
STATE RETIREMENT SYSTEM AND NEW YORK CITY RETIREMENT SYSTEM, SHALL
PROVIDE ASSISTANCE TO ANY PARTICIPATING EMPLOYER AS IS APPROPRIATE TO
THE PROVISIONS OF THIS SECTION.
C. A PARTICIPATING EMPLOYER OF AN EMPLOYEES' RETIREMENT SYSTEM OR A
TEACHERS' RETIREMENT SYSTEM SHALL CONTRIBUTE EIGHT PERCENT OF AN EMPLOY-
EE'S ANNUAL SALARY TOWARDS SUCH DEFINED CONTRIBUTION PLAN. ALL MEMBERS
MAY CONTRIBUTE UP TO ONE HUNDRED PERCENT, NOT TO EXCEED THE CONTRIBUTION
LIMITATIONS ESTABLISHED ANNUALLY ACCORDING TO SECTION 415(D) OF THE
INTERNAL REVENUE CODE, OF HIS OR HER SALARY TOWARDS THE DEFINED CONTRIB-
UTION PLAN.
D. A PARTICIPATING EMPLOYER OF A POLICE AND FIRE RETIREMENT SYSTEM
SHALL CONTRIBUTE TEN PERCENT OF AN EMPLOYEE'S ANNUAL SALARY TOWARDS SUCH
DEFINED CONTRIBUTION PLAN. ALL MEMBERS MAY CONTRIBUTE UP TO ONE HUNDRED
PERCENT, NOT TO EXCEED THE CONTRIBUTION LIMITATIONS ESTABLISHED ANNUALLY
ACCORDING TO SECTION 415(D) OF THE INTERNAL REVENUE CODE, OF HIS OR HER
SALARY TOWARDS THE DEFINED CONTRIBUTION PLAN.
E. THE TERM "FINANCIAL ORGANIZATION" SHALL MEAN AN ORGANIZATION
AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW YORK AND (1) WHICH IS AN
AUTHORIZED FIDUCIARY TO ACT AS A TRUSTEE PURSUANT TO THE PROVISIONS OF
AN ACT OF CONGRESS ENTITLED "EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974" AS SUCH PROVISIONS MAY BE AMENDED FROM TIME TO TIME, OR AN INSUR-
A. 8447 10
ANCE COMPANY; AND (2) (I) IS LICENSED OR CHARTERED BY THE STATE INSUR-
ANCE DEPARTMENT; (II) IS LICENSED OR CHARTERED BY THE STATE BANKING
DEPARTMENT; (III) IS CHARTERED BY AN AGENCY OF THE FEDERAL GOVERNMENT;
(IV) IS SUBJECT TO THE JURISDICTION AND REGULATION OF THE SECURITIES AND
EXCHANGE COMMISSION OF THE FEDERAL GOVERNMENT; OR (V) IS ANY OTHER ENTI-
TY OTHERWISE AUTHORIZED TO ACT IN THIS STATE AS A TRUSTEE PURSUANT TO
THE PROVISIONS OF AN ACT OF CONGRESS ENTITLED "EMPLOYEE RETIREMENT
INCOME SECURITY ACT OF 1974" AS SUCH PROVISIONS MAY BE AMENDED FROM TIME
TO TIME.
S 1303. EMPLOYER NOT LIABLE FOR PAYMENT OF BENEFITS. NO RETIREMENT,
DEATH, OR OTHER BENEFITS SHALL BE PAYABLE BY THE STATE, OR ANY ELECTING
EMPLOYER UNDER SUCH DEFINED CONTRIBUTION PLAN. SUCH BENEFITS SHALL BE
PAID TO EMPLOYEES OR THEIR BENEFICIARIES BY THE DESIGNATED FINANCIAL
ORGANIZATION IN ACCORDANCE WITH THE TERMS OF THEIR WRITTEN AGREEMENT.
S 2. This act shall take effect immediately.
PART E
Section 1. The civil service law is amended by adding a new section
209-b to read as follows:
S 209-B. COLLECTIVE BARGAINING; LOCAL OPTION. 1. THE LEGISLATURE HERE-
BY GIVES AND GRANTS TO EVERY LOCAL GOVERNMENT AND SCHOOL DISTRICT THE
RIGHT, POWER AND AUTHORITY TO OPT NOT TO BE SUBJECT TO PARAGRAPH (E) OF
SUBDIVISION ONE OF SECTION TWO HUNDRED NINE-A OF THIS ARTICLE.
2. ANY LOCAL GOVERNMENT OR SCHOOL DISTRICT MAY, BY RESOLUTION DULY
ADOPTED AND FILED WITH THE SECRETARY OF STATE AND THE STATE CIVIL
SERVICE COMMISSION, DETERMINE THAT SUCH LOCAL GOVERNMENT OR SCHOOL
DISTRICT SHALL NOT BE SUBJECT TO PARAGRAPH (E) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED NINE-A OF THIS ARTICLE.
3. ANY SUCH RESOLUTION ADOPTED BY A LOCAL GOVERNMENT OR SCHOOL
DISTRICT MAY BE REPEALED IN THE SAME MANNER AS IT WAS ADOPTED, AND SUCH
REPEAL SHALL BECOME EFFECTIVE UPON FILING WITH THE SECRETARY OF STATE
AND THE COMMISSION.
S 2. This act shall take effect immediately.
PART F
Section 1. Section 365-a of the social services law is amended by
adding a new subdivision 10 to read as follows:
10. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY
OTHER PROVISION OF LAW, ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, THE STATE IS REQUIRED TO ALLOW COUNTIES TO OPT OUT OF PROVIDING
OPTIONAL MEDICAL ASSISTANCE SERVICES TO ANY NEW ENROLLEES WHO HAVE
EITHER NEVER RECEIVED SUCH BENEFITS OR WHO HAVE REENROLLED AFTER A PERI-
OD OF ABSENCE.
(B) THE COMMISSIONER OF HEALTH IS AUTHORIZED TO APPLY FOR ANY AND ALL
FEDERAL WAIVERS REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVI-
SION.
S 2. This act shall take effect immediately.
PART G
Section 1. Subdivision (c) of section 1 of part C of chapter 58 of the
laws of 2005, relating to authorizing reimbursements for expenditures
made by or on behalf of social services districts for medical assistance
A. 8447 11
for needy persons and the administration thereof, is amended to read as
follows:
(c) Commencing with the calendar year beginning January 1, 2006,
calendar year social services district medical assistance expenditure
amounts for each social services district shall be calculated by multi-
plying the results of the calculations performed pursuant to paragraph
(b) of this section by a non-compounded trend factor, as follows:
(i) 2006 (January 1, 2006 through December 31, 2006): 3.5%;
(ii) 2007 (January 1, 2007 through December 31, 2007): 6.75% (3.25%
plus the prior year's 3.5%);
(iii) 2008 (January 1, 2008 through December 31, 2008): 9.75% (3%
plus the prior year's 6.75%);
(iv) 2009 (January 1, 2009 through December 31, 2009): 12.75% (3% PLUS
THE PRIOR YEAR'S 9.75%);
(V) 2010 (JANUARY 1, 2010 THROUGH DECEMBER 31, 2010): 15.75% (3% PLUS
THE PRIOR YEAR'S 12.75%);
(VI) 2011 (JANUARY 1, 2011 THROUGH DECEMBER 31, 2011): 18.75% (3% PLUS
THE PRIOR YEAR'S 15.75%);
(VII) 2012 (JANUARY 1, 2012 THROUGH DECEMBER 31, 2012), and each
succeeding calendar year: prior year's trend factor percentage [plus
3%].
S 2. This act shall take effect January 1, 2012; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after January 1, 2012.
PART H
Section 1. Paragraph (a) of subdivision 25-a of section 210 of the tax
law, as amended by section 18 of part B of chapter 58 of the laws of
2004, is amended to read as follows:
(a) A taxpayer shall be allowed a credit against the tax imposed by
this article equal to [twenty] FIFTY percent of the premium paid during
the taxable year for long-term care insurance. In order to qualify for
such credit, the taxpayer's premium payment must be for the purchase of
or for continuing coverage under a long-term care insurance policy that
qualifies for such credit pursuant to section one thousand one hundred
seventeen of the insurance law.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to all
subsequent tax years.
PART I
Section 1. Subsection (l) of section 3216 of the insurance law, as
added by chapter 504 of the laws of 1995, is amended to read as follows:
(l) On and after January first, nineteen hundred ninety-seven, no
insurer shall offer major medical, comprehensive or other comparable
individual contracts, other than for purposes of conversion, unless the
benefits of such contracts, including deductibles and coinsurance, are
identical to the out-of-plan benefits of the contracts described in
section four thousand three hundred twenty-two of this chapter. Such
contracts must include a prescription drug benefit complying with the
requirements of that section. THE REQUIREMENTS OF THIS SUBSECTION SHALL
NOT APPLY TO A POLICY INTENDED TO QUALIFY FOR USE IN A HEALTH SAVINGS
ACCOUNT PURSUANT TO SECTION 1201 OF THE FEDERAL MEDICARE PRESCRIPTION
A. 8447 12
DRUG, IMPROVEMENT AND MODERNIZATION ACT OF 2003. SUCH POLICIES SHALL BE
KNOWN AS "FREEDOM POLICIES".
S 2. Section 3221 of the insurance law is amended by adding a new
subsection (s) to read as follows:
(S) NO GROUP OR BLANKET ACCIDENT AND HEALTH INSURANCE POLICY ISSUED OR
ISSUED FOR DELIVERY IN THIS STATE FOR USE IN A HEALTH SAVINGS ACCOUNT
PURSUANT TO SECTION 1201 OF THE FEDERAL MEDICARE PRESCRIPTION DRUG,
IMPROVEMENT, AND MODERNIZATION ACT OF 2003 SHALL BE REQUIRED TO MEET THE
REQUIREMENTS OF THIS SECTION, OR REGULATIONS ISSUED BY THE SUPERINTEN-
DENT, WITH REGARD TO COVERED HEALTH CARE SERVICES WHICH MUST BE INCLUDED
IN THE POLICY. SUCH POLICIES SHALL BE KNOWN AS "FREEDOM POLICIES".
S 3. Subsection (l) of section 4304 of the insurance law, as added by
chapter 504 of the laws of 1995, is amended to read as follows:
(l) On and after January first, nineteen hundred ninety-seven, no
insurer shall offer major medical, comprehensive or other comparable
individual contracts on a direct payment basis, other than for purposes
of conversion, unless the benefits of such contracts, including deduct-
ibles and coinsurance, are identical to the out-of-plan benefits of the
contracts described in section four thousand three hundred twenty-two of
this article. Such contracts must include a prescription drug benefit
complying with the requirements of such section. THE REQUIREMENTS OF
THIS SUBSECTION SHALL NOT APPLY TO A POLICY INTENDED TO QUALIFY FOR USE
IN A HEALTH SAVINGS ACCOUNT PURSUANT TO SECTION 1201 OF THE FEDERAL
MEDICARE PRESCRIPTION DRUG, IMPROVEMENT AND MODERNIZATION ACT OF 2003.
SUCH POLICIES SHALL BE KNOWN AS "FREEDOM POLICIES".
S 4. Section 4304 of the insurance law is amended by adding a new
subsection (n) to read as follows:
(N) NO POLICY ISSUED TO A REMITTING AGENT ON BEHALF OF A GROUP PURSU-
ANT TO SUBSECTION (A) OF THIS SECTION, AND NO POLICY ISSUED TO A GROUP
PURSUANT TO SECTION FOUR THOUSAND THREE HUNDRED FIVE OF THIS ARTICLE,
FOR USE IN A HEALTH SAVINGS ACCOUNT PURSUANT TO SECTION 1201 OF THE
FEDERAL MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERNIZATION ACT
OF 2003 SHALL BE REQUIRED TO MEET THE REQUIREMENTS OF THIS SECTION OR
SECTION FOUR THOUSAND THREE HUNDRED FIVE OF THIS ARTICLE, OR REGULATIONS
ISSUED BY THE SUPERINTENDENT, WITH REGARD TO COVERED HEALTH CARE
SERVICES WHICH MUST BE INCLUDED IN THE POLICY. SUCH POLICIES SHALL BE
KNOWN AS "FREEDOM POLICIES".
S 5. Subsection (a) of section 4322 of the insurance law, as amended
by chapter 342 of the laws of 2004, is amended to read as follows:
(a) On and after January first, nineteen hundred ninety-six, all
health maintenance organizations issued a certificate of authority under
article forty-four of the public health law or licensed under this arti-
cle shall offer to individuals, in addition to the standardized contract
required by section four thousand three hundred twenty-one of this arti-
cle, a standardized individual enrollee direct payment contract on an
open enrollment basis as prescribed by section four thousand three
hundred seventeen of this article and section four thousand four hundred
six of the public health law, and regulations promulgated thereunder,
with an out-of-plan benefit system, provided, however, that such
requirements shall not apply to a health maintenance organization exclu-
sively serving individuals enrolled pursuant to title eleven of article
five of the social services law, title eleven-D of article five of the
social services law, title one-A of article twenty-five of the public
health law or title eighteen of the federal Social Security Act, and,
further provided, that such health maintenance organization shall not
discontinue a contract for an individual receiving comprehensive-type
A. 8447 13
coverage in effect prior to January first, two thousand four who is
ineligible to purchase policies offered after such date pursuant to this
section or section four thousand three hundred twenty-two of this arti-
cle due to the provision of 42 U.S.C. 1395ss in effect prior to January
first, two thousand four. The out-of-plan benefit system shall either be
provided by the health maintenance organization pursuant to subdivision
two of section four thousand four hundred six of the public health law
or through an accompanying insurance contract providing out-of-plan
benefits offered by a company appropriately licensed pursuant to this
chapter. On and after January first, nineteen hundred ninety-six, the
contracts issued pursuant to this section and section four thousand
three hundred twenty-one of this article shall be the only contracts
offered by health maintenance organizations to individuals; PROVIDED,
HOWEVER, THIS LIMITATION SHALL NOT APPLY TO ONE OR MORE POLICIES
INTENDED TO QUALIFY FOR USE IN A HEALTH SAVINGS ACCOUNT PURSUANT TO
SECTION 1201 OF THE FEDERAL MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND
MODERNIZATION ACT OF 2003. SUCH POLICIES SHALL BE KNOWN AS "FREEDOM
POLICIES". The enrollee contracts issued by a health maintenance organ-
ization under this section and section four thousand three hundred twen-
ty-one of this article shall also be the only contracts issued by the
health maintenance organization for purposes of conversion pursuant to
sections four thousand three hundred four and four thousand three
hundred five of this article. However, nothing in this section shall be
deemed to require health maintenance organizations to terminate individ-
ual direct payment contracts issued prior to January first, nineteen
hundred ninety-six or prohibit health maintenance organizations from
terminating individual direct payment contracts issued prior to January
first, nineteen hundred ninety-six.
S 6. This act shall take effect immediately.
PART J
Section 1. The general municipal law is amended by adding a new
section 93-e to read as follows:
S 93-E. CONTRIBUTIONS OF HEALTH INSURANCE PREMIUMS FOR OFFICERS AND
EMPLOYEES OF MUNICIPAL CORPORATIONS AND AGENCIES OR INSTRUMENTALITIES
THEREOF. 1. NO MORE THAN NINE-TENTHS OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE COVERAGE OF ANY OFFICER OR EMPLOYEE OF THE
MUNICIPALITY OR RETIRED EMPLOYEES WHO ARE ENROLLED IN A HEALTH BENEFIT
PLAN SHALL BE PAID BY THE MUNICIPALITY.
2. NO MORE THAN THREE-QUARTERS OF THE COST OF PREMIUM OR SUBSCRIPTION
CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH MUNICIPAL EMPLOYEES AND
RETIRED MUNICIPAL EMPLOYEES WHO ARE ENROLLED IN A HEALTH BENEFIT PLAN
SHALL BE PAID BY THE MUNICIPALITY.
3. THE PROVISIONS OF THIS SECTION SHALL APPLY TO AND BE EFFECTIVE
WITHIN EVERY CITY, COUNTY, TOWN, VILLAGE, SCHOOL DISTRICT AND ORGANIZED
PUBLIC DISTRICT IN THE STATE.
S 2. This act shall take effect immediately.
PART K
Section 1. Paragraph c of subdivision 4 of section 220 of the labor
law, as amended by chapter 118 of the laws of 1962, is amended and a new
paragraph d is added to read as follows:
A. 8447 14
c. Engineers, electricians and elevator men in the bureau of building
management of the office of general services during the annual session
of the legislature[.];
D. ANY PUBLIC WORKS PROJECTS WHERE THE FISCAL OFFICER HAS ANTICIPATED
A TOTAL COST OF LESS THAN FIVE HUNDRED THOUSAND DOLLARS.
S 2. This act shall take effect immediately.
PART L
Section 1. Subdivision 2 of section 220 of the labor law, as amended
by chapter 678 of the laws of 2007, is amended to read as follows:
2. Each contract to which the state or a public benefit corporation or
a municipal corporation or a commission appointed pursuant to law is a
party[, and any contract for public work entered into by a third party
acting in place of, on behalf of and for the benefit of such public
entity pursuant to any lease, permit or other agreement between such
third party and the public entity,] and which may involve the employment
of laborers, workers or mechanics shall contain a stipulation that no
laborer, worker or mechanic in the employ of the contractor, subcontrac-
tor or other person doing or contracting to do the whole or a part of
the work contemplated by the contract shall be permitted or required to
work more than eight hours in any one calendar day or more than five
days in any one week except in cases of extraordinary emergency includ-
ing fire, flood or danger to life or property. No such person shall be
so employed more than eight hours in any day or more than five days in
any one week except in such emergency. Extraordinary emergency within
the meaning of this section shall be deemed to include situations in
which sufficient laborers, workers and mechanics cannot be employed to
carry on public work expeditiously as a result of such restrictions upon
the number of hours and days of labor and the immediate commencement or
prosecution or completion without undue delay of the public work is
necessary in the judgment of the commissioner for the preservation of
the contract site and for the protection of the life and limb of the
persons using the same. Upon the application of any person interested,
the commissioner shall make a determination as to whether or not on any
public project or on all public projects in any area of this state,
sufficient laborers, workers and mechanics of any or all classifications
can be employed to carry on work expeditiously if their labor is
restricted to eight hours per day and five days per week, and in the
event that the commissioner determines that there are not sufficient
workers, laborers and mechanics of any or all classifications which may
be employed to carry on such work expeditiously if their labor is
restricted to eight hours per day and five days per week, and the imme-
diate commencement or prosecution or completion without undue delay of
the public work is necessary in the judgment of the commissioner for the
preservation of the contract site and for the protection of the life and
limb of the persons using the same, the commissioner shall grant a
dispensation permitting all laborers, workers and mechanics, or any
classification of such laborers, workers and mechanics, to work such
additional hours or days per week on such public project or in such
areas the commissioner shall determine. Whenever such a dispensation is
granted, all work in excess of eight hours per day and five days per
week shall be considered overtime work, and the laborers, workers and
mechanics performing such work shall be paid a premium wage commensurate
with the premium wages prevailing in the area in which the work is
performed. No such dispensation shall be effective with respect to any
A. 8447 15
public work unless and until the department of jurisdiction, as defined
in this section, certifies to the commissioner that such public work is
of an important nature and that a delay in carrying it to completion
would result in serious disadvantage to the public. Time lost in any
week because of inclement weather by employees engaged in the
construction, reconstruction and maintenance of highways outside of the
limits of cities and villages may be made up during that week and/or the
succeeding three weeks.
S 2. Paragraph (c) of subdivision 3 of section 220 of the labor law,
as separately amended by chapter 678 of the laws of 2007 and chapter 7
of the laws of 2008, is amended to read as follows:
(c) It shall be the duty of the fiscal officer, as defined in this
section, to ascertain and determine the schedules of supplements to be
provided and wages to be paid workers, laborers and mechanics on such
public work, prior to the time of the advertisement for bids, and such
schedules shall be annexed to and form a part of the specifications for
the work. Such fiscal officer shall file with the department having
jurisdiction such schedules prior to the time of the commencement of the
advertisement for bids on all public works proposed to be constructed.
The term "contract" as used in this article also shall include recon-
struction and repair of any such public work[, and any public work
performed under a lease, permit or other agreement pursuant to which the
department of jurisdiction grants the responsibility of contracting for
such public work to any third party proposing to perform such work to
which the provisions of this article would apply had the department of
jurisdiction contracted directly for its performance, or where there is
no lease, permit or other agreement and ownership of a public work is
intended to be assumed by such public entity at any time subsequent to
completion of the public work].
S 3. Section 5 of chapter 678 of the laws of 2007, amending the labor
law relating to contracts for public work and building service work, is
amended to read as follows:
S 5. This act shall take effect on the sixtieth day after it shall
have become a law[, and shall apply to all contracts or other agreements
entered into on or after such date; and shall expire and be deemed
repealed 5 years after such effective date].
S 4. This act shall take effect immediately.
PART M
Section 1. This act shall be known and may be cited as the "scaffold
reform act".
S 2. The labor law is amended by adding a new section 241-c to read as
follows:
S 241-C. COUNTIES GRANTED LOCAL OPTION. 1. COUNTIES SHALL BE GRANTED
A LOCAL OPTION TO REQUIRE CONTRACTORS WORKING ON PROJECTS WITHIN THEIR
RESPECTIVE JURISDICTIONS TO COMPLY WITH THE REGULATIONS AND STANDARDS
SET FORTH BY THE UNITED STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION AND APPLICABLE STATE REGULATIONS, INSTEAD OF
THE REQUIREMENTS OF SECTIONS TWO HUNDRED FORTY, TWO HUNDRED FORTY-ONE
AND TWO HUNDRED FORTY-ONE-A OF THIS ARTICLE.
2. CONTRACTORS AND EMPLOYEES IN SUCH COUNTIES THAT OPT NOT TO FOLLOW
SUCH PROVISIONS OF SECTIONS TWO HUNDRED FORTY, TWO HUNDRED FORTY-ONE AND
TWO HUNDRED FORTY-ONE-A OF THIS ARTICLE SHALL BE SUBJECT TO A CONTRIB-
UTORY NEGLIGENCE STANDARD THAT HOLD EMPLOYEES RESPONSIBLE FOR THEIR
CULPABLE CONDUCT. SUCH CONDUCT SHALL INCLUDE, BUT NOT BE LIMITED TO:
A. 8447 16
(A) ANY EMPLOYEE WHO FAILS TO FOLLOW SAFETY INSTRUCTIONS OR SAFE WORK
PRACTICES PROVIDED IN ACCORDANCE WITH APPROVED TRAINING COURSES, INCLUD-
ING, BUT NOT LIMITED TO, COURSES PROVIDED BY THE UNITED STATES DEPART-
MENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION OR BY THE
DEPARTMENT;
(B) ANY EMPLOYEE WHO FAILS TO USE SAFETY DEVICES FURNISHED ON THE JOB
SITE; OR
(C) ANY EMPLOYEE WHO WAS INJURED WHILE IMPAIRED BY THE USE OF ALCOHOL
OR DRUGS OR WHILE COMMITTING A CRIME.
3. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THIS SECTION TO AUTHORIZE COUNTIES TO
EXERCISE THIS LOCAL OPTION. THE PROCESS FOR THE IMPLEMENTATION OF SUCH
RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, CONSULTA-
TIONS WITH BUSINESSES AND LABOR, MANDATORY PUBLIC HEARINGS AND APPROVAL
BY THE COUNTY GOVERNING BODY.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.
PART N
Section 1. Section 101 of the general municipal law is REPEALED.
S 2. Subdivision 4 of section 279-c of the county law, as added by
chapter 504 of the laws of 1997, is amended to read as follows:
4. Every agreement entered into between the district and a private
entity, pursuant to subdivision one of this section, for the
construction of a wastewater treatment facility, shall require the
payment of all applicable prevailing wages pursuant to section two
hundred twenty of the labor law, shall require the furnishing to the
district of a performance bond in the full amount of the cost of such
construction, shall require that each contractor and subcontractor
performing work on such construction furnish a payment bond in the full
amount of its contract guaranteeing prompt payment of monies that are
due to all persons furnishing labor and materials to such contractor or
subcontractor[, and shall contain provisions that such construction, if
in excess of twenty thousand dollars, shall be conducted pursuant to
section one hundred one of the general municipal law]. A copy of the
above mentioned payment and performance bonds shall be kept by the
district and shall be open to public inspection.
S 3. Paragraph d of subdivision 1 of section 372-a of the education
law, as added by chapter 624 of the laws of 1999, is amended to read as
follows:
d. Any contracts or leases entered into by the trustees of the state
university of New York pursuant to this section shall require the lessee
or contracting not-for-profit corporation to comply with the require-
ments of article fifteen-A of the executive law. Any contract or lease
for construction, rehabilitation, or other improvement authorized by
this section entered into by the trustees shall require the lessee or
contractor and/or subcontractor to comply with the requirements of
section two hundred twenty, two hundred thirty, two hundred thirty-one,
two hundred forty and two hundred forty-one of the labor law, where
applicable, as well as [sections one hundred one and] SECTION one
hundred three of the general municipal law, where applicable;
S 4. Subdivision 11 of section 407-a of the education law, as added by
chapter 737 of the laws of 1988, is amended to read as follows:
11. Any contract undertaken or financed by the dormitory authority for
any construction, reconstruction, rehabilitation or improvement for any
A. 8447 17
special act school district shall comply with the provisions of
[sections one hundred one and] SECTION one hundred three of the general
municipal law.
S 5. Subdivision 1 of section 458 of the education law is REPEALED and
subdivisions 2 and 2-a are renumbered subdivisions 1 and 2.
S 6. Subdivision 1 of section 482 of the education law is REPEALED and
subdivisions 2 and 2-a are renumbered subdivisions 1 and 2.
S 7. Subdivision 3 of section 1726 of the education law, as added by
chapter 198 of the laws of 1973, is amended to read as follows:
3. Such agreements shall be subject to the bidding requirements of the
general municipal law[, except that the provisions of section one
hundred one of the general municipal law shall not apply to lease or
lease-purchase of pre-manufactured items delivered to the site, but
shall apply to installation and other work to be performed on the site].
S 8. Subdivision (b) of section 6281 of the education law is REPEALED.
S 9. Subparagraph 4 of paragraph c of subdivision 2 of section 27-0707
of the environmental conservation law, as amended by chapter 70 of the
laws of 1988, is amended to read as follows:
(4) the applicant has received or will receive the written opinion of
counsel to each [muncipality] MUNICIPALITY or public authority which has
entered into a contract, lease or rental agreement with the proposed
facility that such contract, lease or rental agreement is in compliance
with the applicable requirements of sections [one hundred one,] one
hundred three and one hundred twenty-w of the general municipal law.
S 10. The closing paragraph of section 99-q of the general municipal
law, as added by chapter 825 of the laws of 1987, is amended to read as
follows:
All contracts entered into pursuant to the provisions of this section
shall be subject to the provisions of [sections one hundred one and]
SECTION one hundred three of this chapter.
S 11. The opening paragraph of paragraph (e) of subdivision 4 of
section 120-w of the general municipal law, as amended by chapter 552 of
the laws of 1980, is amended to read as follows:
It is the intent of the legislature that overall cost should in all
cases be a major criterion in the selection of contractors for award of
contracts pursuant to this section and that, wherever practical, such
contracts which include construction work should be procured through
competitive bidding procedures as prescribed by [sections one hundred
one and] SECTION one hundred three of this chapter. It is further the
intent of the legislature to acknowledge the highly complex and innova-
tive nature of resource recovery technology for processing mixed solid
waste, the relative newness of the variety of resource recovery systems
now available, the desirability of a single point of responsibility for
the development of facilities and the economic and technical utility of
contracts for resource recovery projects which include in their scope
various combinations of design, construction, operation, management
and/or maintenance responsibilities over prolonged periods of time and
that in some instances it may be beneficial to the municipality to award
a contract on the basis of factors other than cost alone, including but
not limited to facility design, system reliability, energy efficiency,
compatibility with source separation and other recycling systems and
environmental protection. Accordingly, and notwithstanding the
provisions of any general, special or local law or charter, a contract
entered into between a municipality and any person pursuant to this
section may be awarded pursuant to public bidding in compliance with
[sections one hundred one and] SECTION one hundred three of this chapter
A. 8447 18
or pursuant to the following provisions for the award of a contract
based on evaluation of proposals submitted in response to a request for
proposals prepared by or for the municipality:
S 12. Section 1136 of the public authorities law, as added by chapter
592 of the laws of 1991, is amended to read as follows:
S 1136. Construction and purchase contracts. The authority shall let
contracts for construction or purchase of supplies, materials or equip-
ment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law. Nothing in this section shall be
construed to limit the powers of the authority to do any construction
directly by the officers, agents and employees of the authority.
S 13. Section 1137 of the public authorities law, as added by chapter
595 of the laws of 1991, is amended to read as follows:
S 1137. Construction and purchase contracts. The authority shall let
contracts for construction or purchase of supplies, materials, or equip-
ment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law. Nothing in this section shall be
construed to limit the power of the authority to do any construction
directly by the officers, agents and employees of the authority.
S 14. Section 1147-u of the public authorities law, as added by chap-
ter 691 of the laws of 1995, is amended to read as follows:
S 1147-u. Construction and purchase contracts. The authority shall let
contracts for construction or purchase of supplies, materials, or equip-
ment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law and shall be let in accordance with
the provisions of state law pertaining to prevailing wages, labor stand-
ards, and working hours. Nothing in this section shall be construed to
limit the power of the authority to do any construction directly by the
officers, agents and employees of the authority.
S 15. Section 1174-q of the public authorities law, as added by chap-
ter 491 of the laws of 1991, is amended to read as follows:
S 1174-q. Construction and purchase contracts. The authority shall let
contracts for construction or purchase of supplies, materials, or equip-
ment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law. Nothing in this section shall be
construed to limit the power of the authority to do any construction
directly by the officers, agents and employees of the authority or to
contract with a public utility, for a term not to exceed five years, for
the operation and maintenance of a water supply system acquired from
said public utility.
S 16. Section 1198-q of the public authorities law, as added by chap-
ter 868 of the laws of 1990, is amended to read as follows:
S 1198-q. Construction and purchase contracts. The authority shall let
contracts for construction or purchase of supplies, materials, or equip-
ment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law. Nothing in this section shall be
construed to limit the power of the authority to do any construction
directly by the officers, agents and employees of the authority or to
contract with a public utility, for a term not to exceed five years, for
the operation and maintenance of a water supply system acquired from
said public utility.
S 17. Section 1199-qqq of the public authorities law, as added by
chapter 678 of the laws of 1990, is amended to read as follows:
S 1199-qqq. Construction and purchase contracts. The authority shall
let contracts for construction or purchase of supplies, materials, or
equipment pursuant to [sections one hundred one and] SECTION one hundred
A. 8447 19
three of the general municipal law. Nothing in this section shall be
construed to limit the power of the authority to do any construction
directly by the officers, agents and employees of the authority.
S 18. Section 1199-qqqq of the public authorities law, as added by
chapter 195 of the laws of 1995, is amended to read as follows:
S 1199-qqqq. Construction and purchase contracts. The authority shall
let contracts for construction or purchase of supplies, materials, or
equipment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law and shall be let in accordance with
the provisions of state law pertaining to prevailing wages, labor stand-
ards, and working hours. Nothing in this section shall be construed to
limit the power of the authority to do any construction directly by the
officers, agents and employees of the authority.
S 19. The closing paragraph of subdivision 13 of section 1678 of the
public authorities law, as added by chapter 825 of the laws of 1987, is
amended to read as follows:
Any contract undertaken or financed by the dormitory authority for any
construction, reconstruction, rehabilitation or improvement of any court
facilities or combined occupancy structures shall comply with the
provisions of [sections one hundred one and] SECTION one hundred three
of the general municipal law.
S 20. The opening paragraph of paragraph a of subdivision 2 of section
1680 of the public authorities law, as amended by section 25 of part II
of chapter 59 of the laws of 2004, is amended to read as follows:
The dormitory authority is hereby authorized and empowered upon appli-
cation of the educational institution concerned to acquire, design,
construct, reconstruct, rehabilitate and improve, or otherwise provide
and furnish and equip dormitories and attendant facilities for any
educational institution, provided that THE SPECIFICATIONS FOR any
contract undertaken or financed by the dormitory authority for any
construction, reconstruction, rehabilitation or improvement of any
building or structure commenced after September first, nineteen hundred
seventy-four for the Gananda school district or the Gananda educational
facilities corporation, or any agency, board or commission therein, or
any official thereof, [shall comply with the provisions of section one
hundred one of the general municipal law and the specifications for such
contract] may provide for assignment of responsibility for coordination
of any of the contracts for such work to a single responsible and quali-
fied person, firm or corporation; [provided, however, that all contracts
for construction of buildings on behalf of Queens Hospital Center shall
be in conformity with the provisions of section one hundred one of the
general municipal law;] provided that any contracts for the
construction, reconstruction, rehabilitation or improvement of any
public work project undertaken by the dormitory authority of any facili-
ty for the aged for any political subdivision of the state or any
district therein or agency, department, board or commission thereof, or
any official thereof, shall comply with the provisions of section one
hundred thirty-five of the state finance law; and provided further that
any contract undertaken or financed by the dormitory authority for any
construction, reconstruction, rehabilitation or improvement of any
building commenced after January first, nineteen hundred eighty-nine for
the department of health shall comply with the provisions of section one
hundred thirty-five of the state finance law.
S 21. Subdivision 1 of section 1734 of the public authorities law, as
added by chapter 738 of the laws of 1988, is amended to read as follows:
A. 8447 20
1. [a.] All contracts for the construction, reconstruction, improve-
ment, rehabilitation, maintenance, repair, furnishing, equipping of or
otherwise providing for educational facilities for the city board may be
awarded in accordance with the provisions of this section, notwithstand-
ing the provisions of section eight of the public buildings law, section
one hundred three of the general municipal law, section one hundred
thirty-five of the state finance law, section seven of the New York
state financial emergency act for the city of New York or of any other
provision of general, special or local law, charter or administrative
code.
[b. The authority shall be subject to the provisions of section one
hundred one of the general municipal law.]
S 22. Section 1735 of the public authorities law, as added by chapter
738 of the laws of 1988, subdivision 1 as amended by chapter 345 of the
laws of 2009, subdivision 4 as amended by chapter 491 of the laws of
2000 and subdivision 6 as amended by chapter 523 of the laws of 2010, is
amended to read as follows:
S 1735. Certain contracts of the authority. 1. [Notwithstanding the
provisions of paragraph b of subdivision one of section seventeen
hundred thirty-four of this title, the award of construction contracts
by the authority between July first, nineteen hundred eighty-nine and
June thirtieth, two thousand fourteen, shall not be subject to the
provisions of section one hundred one of the general municipal law.
2.] Notice of the invitation for bids for contracts to be awarded
pursuant to this section shall state the time and place of the receipt
and opening of bids.
[3.] 2. All bidders shall submit to the authority, prior to the open-
ing of a bid for the award of a contract under this section, a sealed
list identifying the names of each subcontractor each contractor
proposes to utilize under the contract for the performance of the
following subdivisions of work:
a. Plumbing and gas fitting;
b. Steam heating, hot water heating, ventilating and air conditioning
apparatus; and
c. Electric wiring and standard illuminating fixtures.
The low bidder shall specify in such list the estimated value to be
paid each such subcontractor for the work to be performed by such
subcontractor. After the authority has announced the low bidder at the
bid opening, the authority shall open only such low bidder's separate
sealed list and shall read aloud such subcontractors listed therein. All
such sealed lists except those of the low bidder shall be returned
unopened to their respective contractors following the awarding of a
contract.
[4.] 3. The authority shall establish a committee to review and report
on contracts issued pursuant to this section and on the procedures and
methodology of the authority in awarding such contracts. The review
shall include, but not be limited to, the degree to which contractors
awarded contracts pursuant to [such paragraph] THIS SECTION, and the
subcontractors utilized by them, utilize employees who are represented
by labor organizations, comply with existing labor standards, maintain
harmonious labor relations and recognize state approved apprentice
programs. The committee shall, from time to time, issue economic and
statistical reports dealing with the costs of construction under this
article. Such reports shall deal with the costs of labor, material,
equipment and profit. The committee shall have no authority to approve
or disapprove contracts. The committee shall be composed of two repre-
A. 8447 21
sentatives from the authority, one representative from the board, two
representatives from construction-related labor organizations and two
representatives from the construction industry, at least one of whom
shall be involved in the subdivisions of work described in subdivision
[three] TWO of this section. The president of the authority shall desig-
nate the members of the committee, provided, however, that the president
shall designate the representatives of labor organizations from a list
of names submitted by the New York state AFL-CIO.
[5.] 4. In awarding contracts pursuant to this section the authority
shall, in addition to the factors set forth in subdivision three of
section seventeen hundred thirty-four of this title, consider the
following factors when establishing a list of pre-qualified bidders for
construction work: (a) the degree to which a contractor or subcontractor
utilizes employees who are represented by a labor organization; (b) the
absence of any intentional misrepresentation with regard to lists of
subcontractors previously submitted pursuant to the provisions of subdi-
vision [two] ONE of this section; and (c) the record of the bidder in
complying with existing labor standards, maintaining harmonious labor
relations and recognizing state approved apprentice programs.
[6.] 5. The authority shall provide in its construction, erection or
alteration contracts which implement a five year educational facilities
capital plan a provision that shall require each contractor to make
prompt payment to its subcontractors performing each subdivision of work
listed in subdivision [three] TWO of this section. Within seven calendar
days of the receipt of any payment from the authority, the contractor
shall pay to each such subcontractor that portion of the proceeds of
such payment representing the value of the work performed by such
subcontractor, based upon the actual value of the subcontract, which has
been approved and paid for by the authority, less an amount necessary to
satisfy any claims, liens or judgments against the subcontractor which
have not been suitably discharged and less any amount retained by the
contractor as provided herein. For such purpose, the subcontract may
provide that the contractor may retain not more than five per centum of
each payment to the subcontractor or not more than ten per centum of
each such payment if prior to entering into the subcontract the subcon-
tractor is unable or unwilling to provide, at the request of the
contractor, a performance bond and a labor and material bond both in the
amount of the subcontract.
At the time of making a payment to the contractor for work performed
by the subcontractors set forth in subdivision [three] TWO of this
section, the authority shall file in its office for review a record of
such payment. If any such subcontractor shall notify the authority and
the contractor in writing that the contractor has failed to make a
payment to it as provided herein and the contractor shall fail, within
five calendar days after receipt of such notice, to furnish either proof
of such payment or notice that the amount claimed by the subcontractor
is in dispute, the authority shall withhold from amounts then or there-
after becoming due and payable to the contractor, other than from
amounts becoming due and payable to the contractor representing the
value of work approved by the authority and performed by other subcon-
tractors and which the contractor is required to pay to such subcontrac-
tors within seven calendar days as herein provided, an amount equal to
one hundred fifty percent of that portion of the authority's prior
payment to the contractor which the subcontractor claims to be due it,
shall remit the amount when and so withheld to the subcontractor and
deduct such payment from the amounts then otherwise due and payable to
A. 8447 22
the contractor, which payment shall, as between the contractor and the
authority, be deemed a payment by the authority to the contractor. In
the event the contractor shall notify the authority as above provided
that the claim of the subcontractor is in dispute, the authority shall
withhold from amounts then or thereafter becoming due and payable to the
contractor, other than from amounts becoming due and payable to the
contractor representing the value of work approved by the authority and
performed by other subcontractors and which the contractor is required
to pay to such subcontractors within seven calendar days as herein
provided, an amount equal to one hundred fifty percent of that portion
of the authority's prior payment to the contractor which the subcontrac-
tor claims to be due it and deposit such amount when and so withheld in
a separate interest-bearing account pending resolution of the dispute,
and the amount so deposited together with the interest thereon shall be
paid to the party or parties ultimately determined to be entitled there-
to, or until the contractor and subcontractor shall otherwise agree as
to the disposition thereof. In the event the authority shall be
required to withhold amounts from a contractor for the benefit of more
than one subcontractor, the amounts so withheld shall be applied to or
for such subcontractors in the order in which the written notices of
nonpayment have been received by the authority, and if more than one
such notice was received on the same day, proportionately based upon the
amount of the subcontractor claims received on such day. Notwithstanding
the foregoing, in lieu of withholding such amount or amounts in dispute,
the contractor may post a bond or other form of undertaking guaranteeing
payment of such disputed amounts. Nothing herein contained shall prevent
the authority from commencing an interpleader action to determine enti-
tlement to a disputed payment in accordance with section one thousand
six of the civil practice law and rules, or any successor provision
thereto. In the event the authority does not withhold the required
amounts within sixty days after the written notification from the
subcontractor regarding failure of the contractor to make payment, the
subcontractor may file a lien under article two of the lien law as the
sole remedy in lieu of the remedy provided under this subdivision.
Payment to a subcontractor shall not relieve the contractor from
responsibility for the work covered by the payment. Except as otherwise
provided, nothing contained herein shall create any obligation on the
part of the authority to pay any subcontractor, nor shall anything
provided herein serve to create any relationship in contract or other-
wise, implied or expressed, between the subcontractor and the authority.
The provisions of this subdivision shall not be applicable to the
subcontractors of a contractor whose contract is limited to the perform-
ance of a single subdivision of work listed in subdivision [three] TWO
of this section.
[7.] 6. The provisions of this section shall cease to be in effect in
the event any of the provisions of this section shall be adjudged to be
invalid by the final judgment of a court of competent jurisdiction from
which judgment all appeals or applications for relief have been
exhausted or the time therefor has expired, provided, however, that such
appeals or applications are pursued promptly.
S 23. Section 2052-k of the public authorities law, as added by chap-
ter 683 of the laws of 1992, is amended to read as follows:
S 2052-k. Construction and purchase contracts. The authority shall let
contracts for construction or purchase of supplies, materials, or equip-
ment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law. Nothing in this section shall be
A. 8447 23
construed to limit the powers of the authority to do any construction
directly by the officers, agents and employees of the authority.
S 24. Subdivision 1 of section 2680-q of the public authorities law,
as added by chapter 632 of the laws of 1999, is amended to read as
follows:
1. The authority shall let contracts for construction or purchase of
supplies, materials, or equipment pursuant to [sections one hundred one
and] SECTION one hundred three of the general municipal law. Nothing in
this section shall be construed to limit the powers of the authority to
do any construction directly by the officers, agents and employees of
the authority.
S 25. The opening paragraph of subdivision 9 of section 3303 of the
public authorities law, as added by chapter 11 of the laws of 1997, is
amended to read as follows:
It is the intent of the legislature that overall cost should in all
cases be a major criterion in the selection of project developers for
award of contracts pursuant to this section and that, wherever practi-
cal, such contracts should be entered into through competitive bidding
procedures as prescribed by [sections one hundred one and] SECTION one
hundred three of the general municipal law. It is further the intent of
the legislature to acknowledge the highly complex and innovative nature
of medical technology, diagnostic and treatment devices, the relative
newness of a variety of devices, processes and procedures now available,
the desirability of a single point of responsibility for the development
of medical treatment and diagnostic facilities and the economic and
technical utility of contracts for medical projects which include in
their scope various combinations of design, construction, operation,
management and/or maintenance responsibility over prolonged periods of
time and that in some instances it may be beneficial to the corporation
to award a contract for a medical project on the basis of factors other
than cost alone, including but not limited to facility design, system
reliability, efficiency, safety, and compatibility with other elements
of patient care. Accordingly, and notwithstanding the provisions of any
general, special or local law or chapter, a contract for a medical
project entered into between the corporation and any project developer
pursuant to this section may be awarded pursuant to public bidding in
compliance with [sections one hundred one and] SECTION one hundred three
of the general municipal law or pursuant to the following provisions for
the award of a contract based on evaluation of proposals submitted in
response to a request for proposals prepared by or for the corporation:
S 26. The opening paragraph of subdivision 8 of section 3402 of the
public authorities law, as added by chapter 9 of the laws of 1997, is
amended to read as follows:
It is the intent of the legislature that overall cost should in all
cases be a major criterion in the selection of project developers for
award of contracts pursuant to this section and that, wherever practi-
cal, such contracts should be entered into pursuant to the provisions of
[sections one hundred one and] SECTION one hundred three of the general
municipal law. It is further the intent of the legislature to acknowl-
edge the highly complex and innovative nature of medical technology,
diagnostic and treatment devices, the relative newness of a variety of
devices, processes and procedures now available, the desirability of a
single point of responsibility for the development of medical treatment
and diagnostic facilities and the economic and technical utility of
contracts for medical projects which include in their scope various
combinations of design, construction, operation, management and/or main-
A. 8447 24
tenance responsibility over prolonged periods of time and that in some
instances it may be beneficial to the corporation to award a contract
for a medical project on the basis of factors other than capital cost
alone, including but not limited to facility design, system reliability,
efficiency, safety, long-term operating costs and compatibility with
other elements of patient care. Accordingly, and notwithstanding the
provisions of any general, special or local law or chapter, a contract
for a medical project entered into between the corporation and any
project developer pursuant to this section may be awarded pursuant to
public bidding in compliance with [sections one hundred one and] SECTION
one hundred three of the general municipal law or pursuant to the
following provisions for the award of a contract based on evaluation of
proposals submitted in response to a request for proposals prepared by
or for the corporation:
S 27. The opening paragraph of subdivision 8 of section 3603 of the
public authorities law, as added by chapter 507 of the laws of 1999, is
amended to read as follows:
It is the intent of the legislature that overall costs should in all
cases by a major criterion in the selection of project developers for
the award of contracts pursuant to this section and that, wherever prac-
tical, such contracts should be entered into through competitive bidding
procedures as prescribed by [sections one hundred one and] SECTION one
hundred three of the general municipal law. It is further the intent of
the legislature to acknowledge the highly complex and innovative nature
of medical technology, diagnostic and treatment devices, the relative
newness of a variety of devices, processes and procedures now available,
the desirability of a single point of responsibility for the development
of medical treatment and diagnostic facilities and the economic and
technical utility of contracts for medical projects which include in
their scope various combinations of design, construction, operation,
management and/or maintenance responsibility over prolonged periods of
time. In some instances it may be beneficial to the corporation to award
a contract for a medical project on the basis of factors other than cost
alone, including but not limited to facility design, system reliability,
efficiency, safety, and compatibility with other elements of patient
care. Accordingly, and notwithstanding the provisions of any general,
special or local law, a contract for a medical project entered into
between the corporation and any project developer pursuant to this arti-
cle may be awarded pursuant to public bidding in compliance with
[sections one hundred one and] SECTION one hundred three of the general
municipal law or pursuant to the following provisions for the award of a
contract based on evaluation of proposals submitted in response to a
request for proposals prepared by or for the corporation:
S 28. The opening paragraph of subdivision 10 of section 3628 of the
public authorities law, as added by chapter 143 of the laws of 2003, is
amended to read as follows:
It is the intent of the legislature that overall cost shall in all
cases be a major criterion in the selection of project developers for
award of contracts pursuant to this section and that, whenever practi-
cal, such contracts shall be entered into through competitive bidding
procedures, as prescribed by [sections one hundred one and] SECTION one
hundred three of the general municipal law. It is further the intent of
the legislature to acknowledge the highly complex and innovative nature
of medical technology and diagnostic and treatment devices, the relative
newness of a variety of devices, processes, and procedures now avail-
able, the desirability of a single point of responsibility for the
A. 8447 25
development of medical treatment and diagnostic facilities, and the
economic and technical utility of contracts for medical projects which
include in their scope various combinations of design, construction,
operation, management, or maintenance responsibility, or any combination
thereof, over prolonged periods of time, and to acknowledge that, in
some instances, it may be beneficial to the corporation to award a
contract for a medical project on the basis of factors other than cost
alone, including, but not limited to, facility design, system reliabil-
ity, efficiency, safety, and compatibility with other elements of
patient care. Accordingly, and notwithstanding the provisions of any
general, special, or local law or charter, a contract for a medical
project entered into between the corporation and any project developer
pursuant to this section may be awarded pursuant to public bidding in
compliance with [sections one hundred one and] SECTION one hundred three
of the general municipal law or pursuant to the following provisions for
the award of a contract based on an evaluation of proposals submitted in
response to a request for proposals prepared by or for the corporation:
S 29. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, that the amendments
to section 1735 of the public authorities law made by section twenty-two
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
PART O
Section 1. Paragraph (a) of subdivision 2 of section 222 of the labor
law, as added by section 18 of part MM of chapter 57 of the laws of
2008, is amended to read as follows:
(a) Any agency, board, department, commission or officer of the state
of New York, or of any political subdivision thereof as defined in
section one hundred of the general municipal law, municipal corporation
as defined in section sixty-six of the general construction law, public
benefit corporation, or local or state authority as defined in section
two of the public authorities law having jurisdiction over the public
work may NOT require [a contractor awarded a contract, subcontract,
lease, grant, bond, covenant or other agreement for a project to enter
into], BUT MAY OFFER AS AN OPTION, PARTICIPATION IN a project labor
agreement [during and for the work involved with such project when such
requirement is], AND SHALL NOTIFY EACH CONTRACTOR OF THE OPTION TO
INCLUDE OR NOT INCLUDE PARTICIPATION IN A PROJECT LABOR AGREEMENT WITH
ITS BID, AS part of the agency, board, department, commission or officer
of the state of New York, political subdivision, municipal corporation,
public benefit corporation or local or state authority having jurisdic-
tion over the public work request for proposals for the project and when
the agency, board, department, commission or officer of the state of New
York, political subdivision, municipal corporation, public benefit
corporation or local or state authority having jurisdiction over the
public work determines that its interest in obtaining the best work at
the lowest possible price, preventing favoritism, fraud and corruption,
and other considerations 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, BUT SHALL IN ANY EVENT AWARD
THE SUBCONTRACT, LEASE, CONTRACT, GRANT, BOND, COVENANT OR OTHER AGREE-
MENT FOR A PROJECT TO THE CONTRACTOR WITH THE LOW BID REGARDLESS OF
WHETHER A PROJECT LABOR AGREEMENT WAS INCLUDED IN THE CONTRACTOR'S BID
PROPOSAL.
A. 8447 26
S 2. Paragraph (b) of subdivision 2 of section 222 of the labor law is
REPEALED.
S 3. This act shall take effect immediately.
PART P
Section 1. Subdivision 3 of section 103 of the general municipal law,
as amended by chapter 343 of the laws of 2007, is amended to read as
follows:
3. Notwithstanding the provisions of subdivision one of this section,
any officer, board or agency of a political subdivision or of any
district therein authorized to make purchases of materials, equipment or
supplies, or to contract for services, may make such purchases, or may
contract for services, [other than services subject to article eight or
nine of the labor law,] when available, through the county in which the
political subdivision or district is located or through any county with-
in the state subject to the rules established pursuant to subdivision
two of section four hundred eight-a of the county law; provided that the
political subdivision or district for which such officer, board or agen-
cy acts shall accept sole responsibility for any payment due the vendor
or contractor. All purchases and all contracts for such services shall
be subject to audit and inspection by the political subdivision or
district for which made. Prior to making such purchases or contracts the
officer, board or agency shall consider whether such contracts will
result in cost savings after all factors, including charges for service,
material, and delivery, have been considered. No officer, board or agen-
cy of a political subdivision or of any district therein shall make any
purchase or contract for any such services through the county in which
the political subdivision or district is located or through any county
within the state when bids have been received for such purchase or such
services by such officer, board or agency, unless such purchase may be
made or the contract for such services may be entered into upon the same
terms, conditions and specifications at a lower price through the coun-
ty.
S 2. This act shall take effect immediately.
PART Q
Section 1. Notwithstanding the provisions of article 47 of the insur-
ance law, or any other provision of law to the contrary, a county shall
be authorized to enter into a municipal cooperative agreement authorized
by article 5-G of the general municipal law, with one or more school
districts, towns, or villages, in order to provide health care benefits
or establish a health care plan for their respective employees. Such
county shall be authorized to charge an administrative fee to such
school districts, towns, or villages for participation in such agree-
ment.
S 2. This act shall take effect immediately.
PART R
Section 1. Subdivision 4 of section 1950 of the education law is
amended by adding a new paragraph oo to read as follows:
OO. UPON THE REQUEST OF THE COMPONENT SCHOOL DISTRICTS AND WITH THE
APPROVAL OF THE COMMISSIONER, TO PROVIDE COLLECTIVE BARGAINING, PURSUANT
TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, ON A SUPERVISORY
A. 8447 27
DISTRICT-WIDE BASIS WITH THE EMPLOYEE ORGANIZATIONS REPRESENTING THE
TEACHERS AND OTHER EMPLOYEES OF THE COMPONENT SCHOOL DISTRICTS.
S 2. This act shall take effect immediately.
PART S
Section 1. 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.
WHERE APPLICABLE, SUCH REPORT SHALL BE SUBMITTED ELECTRONICALLY TO THE
DEPARTMENT OVER THE INTERNET THROUGH A SECURE WEBPAGE AS SET FORTH IN
REGULATIONS TO BE PRESCRIBED BY THE COMMISSIONER. THIS ELECTRONIC REPORT
SHALL TAKE THE PLACE OF FILING PAPER COPIES OF SUCH REPORT EXCEPT IN
CIRCUMSTANCES WHERE AN ORIGINAL SIGNATURE IS REQUIRED, THEN ORIGINAL
PAPER COPIES MUST BE FILED. THE COMMISSIONER SHALL PROMULGATE ALL RULES
AND REGULATIONS NECESSARY TO IMPLEMENT THE ELECTRONIC FILING OF SUCH
REPORT. Such report shall be distributed to all school districts and
boards of cooperative educational services and shall be made available
to all other interested parties upon request.
S 2. Section 305 of the education law is amended by adding two new
subdivisions 32 and 32-a to read as follows:
32. A. THE COMMISSIONER SHALL, TO THE EXTENT PRACTICABLE AND CONSIST-
ENT WITH FEDERAL AND STATE LAW, ELIMINATE OR STREAMLINE PROGRAMMATIC
REPORTING, PLANNING AND APPLICATION REQUIREMENTS IMPOSED ON SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, IN ORDER TO
ELIMINATE OR MINIMIZE THE PRODUCTION OF REPORTS, APPLICATIONS AND PLANS
THAT CONTAIN DUPLICATIVE INFORMATION. WHERE APPLICABLE, THE COMMISSION-
ER SHALL REQUIRE THAT ALL SUCH REPORTS, APPLICATIONS AND PLANS SHALL BE
SUBMITTED ELECTRONICALLY TO THE DEPARTMENT OVER THE INTERNET THROUGH A
SECURE WEBPAGE. THESE ELECTRONIC REPORTS, APPLICATIONS AND PLANS SHALL
TAKE THE PLACE OF FILING PAPER COPIES OF SUCH REPORTS, APPLICATIONS AND
PLANS EXCEPT IN CIRCUMSTANCES WHERE AN ORIGINAL SIGNATURE IS REQUIRED,
THEN ORIGINAL PAPER COPIES MUST BE FILED. THE COMMISSIONER SHALL
PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE ELEC-
TRONIC FILING OF SUCH REPORTS, APPLICATIONS AND PLANS. THE COMMISSIONER
SHALL REQUIRE ALL SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL
SERVICES TO COMPRESS ALL DISTRICTWIDE PLANNING REQUIREMENTS INTO A
SINGLE DISTRICTWIDE COMPREHENSIVE PLAN, WHICH AT A MINIMUM SHALL INCLUDE
A. 8447 28
THE COMPONENTS PRESCRIBED BY THE COMMISSIONER, INCLUDING BUT NOT LIMITED
TO THE DISTRICTWIDE LONG-RANGE CAPITAL FACILITIES PLAN, AND APPLICABLE
CURRENT FEDERAL REQUIREMENTS. IN THE CASE OF THE CITY SCHOOL DISTRICT OF
THE CITY OF NEW YORK, A DISTRICTWIDE COMPREHENSIVE PLAN SHALL BE DEVEL-
OPED FOR THE CITY SCHOOL DISTRICT, EACH COMMUNITY SCHOOL DISTRICT, AND
THE DISTRICTS OR OTHER ADMINISTRATIVE DIVISIONS RESPONSIBLE FOR OPERA-
TION OF NEW YORK CITY PUBLIC SCHOOLS. THE COMMISSIONER SHALL ALSO
REQUIRE ALL SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL
SERVICES TO COMPRESS ALL BUILDING LEVEL PLANNING REQUIREMENTS INTO A
SINGLE BUILDING LEVEL COMPREHENSIVE PLAN, WHICH AT A MINIMUM, SHALL
INCLUDE THE COMPONENTS PRESCRIBED BY THE COMMISSIONER AND APPLICABLE
CURRENT FEDERAL REQUIREMENTS. IT SHALL BE THE DUTY OF THE TRUSTEES OR
BOARD OF EDUCATION OF EVERY SCHOOL DISTRICT AND OF THE CHANCELLOR AND
EACH COMMUNITY DISTRICT EDUCATIONAL COUNCIL IN THE CITY SCHOOL DISTRICT
OF THE CITY OF NEW YORK AND OF EVERY BOARD OF COOPERATIVE EDUCATIONAL
SERVICES TO ASSURE THAT ALL COMPONENTS OF THE DISTRICTWIDE COMPREHENSIVE
PLAN AND EACH BUILDING LEVEL COMPREHENSIVE PLAN ARE AS FULLY INTEGRATED
AND CONSISTENT AS PRACTICABLE, AND THAT SUCH PLANS ARE CONTINUOUSLY
REVIEWED, REFLECT ONGOING ANALYSES OF CURRENT TEACHING AND LEARNING DATA
AND ARE UPDATED ON AT LEAST AN ANNUAL BASIS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ANY SEPARATE PLAN
REQUIREMENTS IMPOSED UNDER THIS CHAPTER OR ANY RULE OR REGULATION SHALL
BE DEEMED TO BE FULFILLED BY INCLUSION OF SUCH PLAN IN THE COMPREHENSIVE
DISTRICTWIDE OR BUILDING LEVEL PLAN, PROVIDED THAT ALL REQUIRED INFORMA-
TION IS INCLUDED IN THE APPLICABLE COMPREHENSIVE PLAN.
B. THE COMMISSIONER SHALL REQUIRE THE TRUSTEES OR BOARD OF EDUCATION
OF EVERY SCHOOL DISTRICT AND THE CHANCELLOR AND EACH COMMUNITY
DISTRICT-EDUCATIONAL COUNCIL IN THE CITY SCHOOL DISTRICT OF THE CITY OF
NEW YORK AND EVERY BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO MAKE ITS
DISTRICTWIDE COMPREHENSIVE PLAN AND EACH BUILDING LEVEL COMPREHENSIVE
PLAN AVAILABLE TO THE PUBLIC, EXCEPT WHERE SUCH PLANS CONTAIN INFORMA-
TION THAT IS CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE UNDER STATE OR
FEDERAL LAW. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGU-
LATION TO THE CONTRARY, ANY SCHOOL DISTRICT OR BOARD OF COOPERATIVE
SERVICES THAT MAKES ITS COMPREHENSIVE DISTRICTWIDE AND/OR BUILDING LEVEL
PLANS PUBLICLY AVAILABLE ELECTRONICALLY THROUGH POSTING ON ITS WEBSITE
SHALL BE DEEMED TO HAVE FILED SUCH PLANS WITH THE DEPARTMENT AS OF THE
DATE OF POSTING AND SHALL NOT BE REQUIRED TO SEPARATELY REPORT THE
INFORMATION CONTAINED IN SUCH PLANS TO THE DEPARTMENT, PROVIDED THAT
SUCH DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES REPORTS SUCH
POSTING TO THE DEPARTMENT, WITH THE WEB ADDRESS AT WHICH SUCH PLANS ARE
AVAILABLE, IN THE MANNER PRESCRIBED BY THE DEPARTMENT, AND PROVIDED
FURTHER THAT NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE DEPARTMENT
FROM REQUIRING AMENDMENT OF A PLAN OR THE SUBMISSION OF ADDITIONAL
INFORMATION WHERE IT DETERMINES THAT THE INFORMATION IN THE COMPREHEN-
SIVE PLANS IS NOT CURRENT OR COMPLETE OR OTHERWISE SUFFICIENT TO MEET
STATUTORY OR REGULATORY REQUIREMENTS.
32-A. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
RY, THE COMMISSIONER SHALL BE AUTHORIZED AND DIRECTED TO GRANT WAIVERS
PURSUANT TO THIS SUBDIVISION FROM ANY ANNUAL REPORTING REQUIREMENTS
IMPOSED ON SCHOOL DISTRICTS UNDER THIS CHAPTER, IN WHOLE OR IN PART,
PROVIDED SUCH WAIVERS APPLY TO ALL SCHOOL DISTRICTS AND DO NOT CONFLICT
WITH FEDERAL REQUIREMENTS. SUCH WAIVERS MAY BE GRANTED UPON FINDINGS BY
THE COMMISSIONER THAT:
A. THE PURPOSES OF THE REPORT CAN BE SUBSTANTIALLY MET THROUGH
SUBMISSION OF A REPORT ON A TWO-YEAR, THREE-YEAR OR FIVE-YEAR BASIS, AS
A. 8447 29
SPECIFIED BY THE COMMISSIONER, TAKING INTO ACCOUNT OTHER ANNUAL DATA
REPORTING REQUIREMENTS AND INFORMATION MADE PUBLICLY AVAILABLE BY THE
SCHOOL DISTRICT ON AN ANNUAL BASIS; AND
B. THE REPORT OR PORTION OF THE REPORT BEING WAIVED DOES NOT CONTAIN
FISCAL OR OTHER DATA OR INFORMATION NEEDED FOR PURPOSES OF COMPUTING
STATE OR FEDERAL AID OR FOR PURPOSES OF SCHOOL OR SCHOOL DISTRICT
ACCOUNTABILITY OR FOR AUDIT PURPOSES.
S 3. Paragraph c of subdivision 4 of section 1950 of the education
law, as amended by chapter 378 of the laws of 2010, is amended to read
as follows:
c. Make or cause to be made surveys to determine the need for cooper-
ative educational services in the supervisory district and present the
findings of their surveys to local school authorities. Each board of
cooperative educational services shall prepare long range program plans,
including special education and career education program plans, to meet
the projected need for such cooperative educational services in the
supervisory district for the next five years as may be specified by the
commissioner, and shall keep on file and make available for public
inspection and review by the commissioner such plans and thereafter
annual revisions of such plans on or before the first day of December of
each year, provided that such plans [may] SHALL be incorporated into a
board of cooperative educational services district-wide comprehensive
plan. FURTHER, WHERE APPLICABLE, THE COMMISSIONER SHALL REQUIRE THAT
ALL SUCH PLANS SHALL BE SUBMITTED ELECTRONICALLY TO THE DEPARTMENT OVER
THE INTERNET THROUGH A SECURE WEBPAGE. THIS ELECTRONIC PLAN SHALL TAKE
THE PLACE OF FILING PAPER COPIES OF SUCH PLAN EXCEPT IN CIRCUMSTANCES
WHERE AN ORIGINAL SIGNATURE IS REQUIRED, THEN ORIGINAL PAPER COPIES MUST
BE FILED. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THE ELECTRONIC FILING OF SUCH PLAN.
S 4. Paragraph b of subdivision 8 of section 3602 of the education
law, as amended by chapter 378 of the laws of 2010, is amended to read
as follows:
b. District plans of service. Any school district receiving an addi-
tional apportionment pursuant to subdivision ten of this section for
pupils in career education programs or a payment in lieu of such appor-
tionment or having a public excess cost aid setaside pursuant to subdi-
vision four of this section shall keep on file and make available for
public inspection and review by the commissioner AND INCORPORATE INTO
ITS DISTRICTWIDE COMPREHENSIVE PLAN an acceptable plan of service
describing the student outcomes expected from implementation of the
proposed plan, provided that such plan may be incorporated into a school
district's district-wide comprehensive plan. The plan of service of a
school district receiving an additional apportionment pursuant to this
section for pupils with disabilities shall also describe how such
district intends to ensure that all instructional materials to be used
in the schools of such district will be made available in a usable
alternative format for each student with a disability and for each
student who is a qualified individual with a disability, at the same
time as such instructional materials are available to non-disabled
students, provided that such plan may incorporate by reference the
alternative format plans developed pursuant to subdivision twenty-nine-a
of section sixteen hundred four, subdivision four-a of section seventeen
hundred nine, subdivision seven-a of section twenty-five hundred three
or subdivision seven-a of section twenty-five hundred fifty-four of this
chapter. Such plans shall be in a form prescribed by the commissioner,
and except as heretofore provided, shall have the content prescribed by
A. 8447 30
the commissioner. WHERE APPLICABLE, THE COMMISSIONER SHALL REQUIRE THAT
ALL SUCH PLANS SHALL BE SUBMITTED ELECTRONICALLY TO THE DEPARTMENT OVER
THE INTERNET THROUGH A SECURE WEBPAGE. THIS ELECTRONIC PLAN SHALL TAKE
THE PLACE OF FILING PAPER COPIES OF SUCH PLAN EXCEPT IN CIRCUMSTANCES
WHERE AN ORIGINAL SIGNATURE IS REQUIRED, THEN ORIGINAL PAPER COPIES MUST
BE FILED. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THE ELECTRONIC FILING OF SUCH PLAN. The commis-
sioner may, from time to time, require amendments of such plans as
deemed to be necessary and appropriate to further the educational
welfare of the pupils involved.
S 5. Within one year of the effective date of this act, the commis-
sioner of education shall issue a report to the governor and the legis-
lature detailing the reporting requirements that have been eliminated
under this act. Such report shall include specific statutory require-
ments, reports, and regulatory requirements that have been eliminated or
rendered null and void as a result of the provisions of this act. Where
applicable, the commissioner of education shall require that such report
shall be submitted electronically to the state education department over
the internet through a secure webpage. This electronic report shall take
the place of filing paper copies of such report except in circumstances
where an original signature is required, then original paper copies must
be filed. The commissioner of education shall promulgate all rules and
regulations necessary to implement the electronic filing of such report.
S 6. This act shall take effect immediately.
PART T
Section 1. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. THE COMMISSIONER SHALL IMPLEMENT REGULATIONS DIRECTING SCHOOL
DISTRICTS TO EVALUATE STUDENTS WHO HAVE INDIVIDUALIZED EDUCATION
PROGRAMS AND WHO ALSO REQUIRE ACADEMIC INTERVENTION SERVICES, TO DETER-
MINE WHICH SERVICES, IF ANY, ARE BEING REPEATED BY BOTH THE PROGRAM AND
THE SERVICES. THE COMMISSIONER SHALL PROVIDE THAT IF A SCHOOL DISTRICT
DETERMINES THAT AN INDIVIDUALIZED EDUCATION PROGRAM AND THE ACADEMIC
INTERVENTION SERVICES REQUIRE THE SAME TASK OR SERVICE, THE SCHOOL
DISTRICT SHALL NOT BE REQUIRED TO IMPLEMENT SUCH TASK OR PROVIDE SUCH
SERVICE MORE THAN ONCE TO THE STUDENT.
S 2. Subdivision 2 of section 3004-b of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
2. Fees. Notwithstanding any [other] provision of law to the contrary,
the commissioner is authorized to charge additional fees to applicants
for teaching or administrative licenses or certificates in an amount
equal to the fees established pursuant to law by the division of crimi-
nal justice services and the federal bureau of investigation for the
searches mandated by this section. FEES PAYABLE PURSUANT TO THIS SECTION
SHALL BE PAID IN ACCORDANCE WITH REGULATIONS AS PROMULGATED BY THE
COMMISSIONER, AND PAYMENT OF SUCH FEES SHALL NOT BE SUBJECT TO THE
PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT.
S 3. Section 3004 of the education law is amended by adding a new
subdivision 7 to read as follows:
7. PROFESSIONAL DEVELOPMENT PLANS REQUIRED TO BE ADOPTED BY SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND IN THE
CITY OF NEW YORK EACH COMMUNITY SCHOOL DISTRICT, HIGH SCHOOL DIVISION,
SPECIAL EDUCATION DIVISION AND THE CHANCELLOR'S DISTRICT, SHALL BE
ADOPTED EVERY THREE YEARS AND SHALL BE REVIEWED ANNUALLY AND AMENDED AS
A. 8447 31
NEEDED. THE COMMISSIONER SHALL REQUIRE CERTIFICATION, EVERY THREE YEARS,
IN A FORM AS PRESCRIBED BY THE COMMISSIONER, THAT:
A. A PROFESSIONAL DEVELOPMENT PLAN IS IN PLACE FOR THE SUCCEEDING
SCHOOL YEAR; AND
B. THE REQUIREMENTS OF THE PROFESSIONAL DEVELOPMENT PLAN APPLICABLE TO
THE CURRENT SCHOOL YEAR HAVE BEEN COMPLIED WITH.
S 4. Subdivision 6 of section 3033 of the education law, as amended by
chapter 886 of the laws of 1986, is amended to read as follows:
6. Each board of education and board of cooperative educational
services which participates in the program shall file a report with the
commissioner on or before August first [of each] EVERY THIRD school year
concerning compliance with the requirements of the program during EACH
OF the preceding THREE school [year] YEARS. Such report shall be in
such form and in such manner as the commissioner may require. [The
commissioner shall evaluate such programs and file a report with the
legislature on or before December first, nineteen hundred eighty-seven.]
S 5. Subdivision 1 of section 409-d of the education law, as added by
section 1 of part B of chapter 56 of the laws of 1998, is amended to
read as follows:
1. Program establishment. The commissioner is authorized and directed
to establish, develop and monitor a comprehensive public school building
safety program which shall include a uniform inspection, safety rating
and monitoring system. Such program shall require ONCE EVERY THREE YEARS
the [annual] inspection of all public school buildings throughout New
York state; establish a safety rating system for such school buildings
to assess the need for maintenance, repairs, rehabilitation, recon-
struction, construction and other improvements related to the structural
integrity and overall safety of public school buildings including but
not limited to building systems related to electrical, plumbing, heat-
ing, ventilation, and air conditioning, sanitation and health, fire and
accident protection; and require that such ratings be used for the
purpose of developing a buildings condition survey as required pursuant
to subdivision four of section thirty-six hundred forty-one of this
chapter and a five year facilities plan as required pursuant to clause
(i) of subparagraph two of paragraph b of subdivision six of section
thirty-six hundred two of this chapter.
S 6. Subdivision 3 of section 409-e of the education law, as added by
section 1 of part B of chapter 56 of the laws of 1998, is amended to
read as follows:
3. Safety rating system. The commissioner shall develop pursuant to
regulations a safety rating system to be used by all school districts
and boards of cooperative educational services keyed to the structural
integrity and overall safety of the building and shall be developed
using data obtained from the building's [annual] inspection as required
by this article. Such safety rating system shall identify and assess the
condition of every major system component of every school building
including interior structures; building systems such as heating, venti-
lation, plumbing and electrical systems; exterior structures including
but not limited to roofs, masonry, stairs, and chimneys; and develop a
system which rates each building component based on at least the follow-
ing factors: overall safety; structural integrity; probable useful life;
need for repair or replacement; and maintenance. Such safety rating
shall include mechanisms which facilitate more frequent inspections and
repairs as determined necessary to protect the welfare and safety of
students and staff residing in such school buildings. This information
shall be used for purposes of developing a buildings condition survey as
A. 8447 32
required pursuant to section thirty-six hundred forty-one of this chap-
ter [and a five year facilities plan as required pursuant to clause (i)
of subparagraph two of paragraph (b) of subdivision six of section thir-
ty-six hundred two of this chapter].
S 7. Paragraph b of subdivision 4 of section 3641 of the education
law, as amended by section 27 of part A1 of chapter 58 of the laws of
2006, is amended to read as follows:
b. Building condition surveys. To be eligible for aid pursuant to
subdivision six-e of section thirty-six hundred two of this article,
building condition surveys shall be conducted by a licensed architect or
licensed professional engineer performing under a state contract entered
into pursuant to paragraph c of this subdivision AND PAID FOR BY THE
DEPARTMENT, shall assess the condition of all major building systems of
a school building, and shall be in the form and contain the information
prescribed by the commissioner. SUCH BUILDING CONDITION SURVEYS SHALL BE
CONDUCTED ONCE EVERY SIX YEARS. For purposes of this paragraph, "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.
S 8. This act shall take effect immediately provided, however, that
sections five, six and seven of this act shall take effect on the first
of July next succeeding the date on which it shall have become a law.
S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through T of this act shall be
as specifically set forth in the last section of such Parts.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would enact the New York State Taxpayer Protection and
Mandate Relief Act. Part D of this bill would add Article 23 to the
Retirement and Social Security Law which would create a defined contrib-
ution plan for members joining a New York state or New York city retire-
ment system on or after April 1, 2012. Participating employers of the
New York State Teachers' Retirement System would be required to contrib-
ute 8% of an employee's annual salary to the employee's account in this
new defined contribution plan. Members would not be required to contrib-
ute, but would be permitted to contribute up to 100% of their annual
salary to their account provided such contributions do not exceed the
contribution limitations established annually according to Section
415(d) of the Internal Revenue Code. The Retirement Board of the New
York State Teachers' Retirement System shall adopt rules and regulations
regarding the standards and requirements of the defined contribution
plan including selection of financial organizations for investment
purposes. Retirement, death or other benefits under the defined
contribution plan shall be paid to members or their beneficiaries by the
designated financial organization in accordance with the terms of their
written agreement. Under no circumstances will members joining a New
York state or New York city retirement system on or after April 1, 2012
be eligible for participation in a defined benefit retirement plan.
A. 8447 33
The annual cost to the employers of members of the New York State
Teachers' Retirement System who become members on or after April 1, 2012
and are therefore in the defined contribution plan would be 8% of salary
each year. The current defined benefit plan would be closed off to new
entrants. Its liabilities must still be met however. The System's
outstanding liability is funded over the average future remaining work-
ing lifetime of its members. If the plan is closed to new entrants, this
funding period would decrease, resulting in potentially significantly
increasing costs to employers. Additionally, as the defined benefit plan
wound down over time, a greater proportion of the defined benefit plan
assets would be needed for immediate benefit payroll, thereby reducing
and soon eliminating the System's ability to invest in more illiquid,
long-term investments which typically yield higher returns. This would
reduce the System's ability to generate investment returns and therefore
increase employer costs. It is recommended that a full actuarial analy-
sis and report be completed to fully and more quantitatively gauge all
the implications before a change of this magnitude is undertaken.
The source of this estimate is Fiscal Note 2011-59 dated June 13, 2011
prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2011 Legislative Session.