senate Bill S2607D

Signed By Governor
2013-2014 Legislative Session

Amends various provisions of law relating to implementing the education, labor, housing, and family assistance budget for the 2013-2014 state fiscal year

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 29, 2013 signed chap.57
delivered to governor
Mar 28, 2013 returned to senate
passed assembly
motion to amend lost
motion to amend lost
ordered to third reading rules cal.46
substituted for a3007d
Mar 27, 2013 referred to ways and means
delivered to assembly
passed senate
Mar 26, 2013 ordered to third reading cal.277
Mar 24, 2013 print number 2607d
amend (t) and recommit to finance
Mar 11, 2013 print number 2607c
amend (t) and recommit to finance
Feb 22, 2013 print number 2607b
amend (t) and recommit to finance
Feb 13, 2013 print number 2607a
amend and recommit to finance
Jan 22, 2013 referred to finance

Votes

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Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

S2607 - Bill Details

See Assembly Version of this Bill:
A3007D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2607 - Bill Texts

view summary

Amends various provisions of law relating to implementing the ELFA budget for the 2013-2014 state fiscal year; relates to school district eligibility for an increase in apportionment of school aid and implementation of standards for conducting annual professional performance reviews to determine teacher and principal effectiveness; amends the education law, in relation to contracts for excellence, school census in school districts, New York state school safety improvement teams, accountability of school districts, the financing of charter schools, annual professional performance review plans, apportionment of school aid, calculation of the gap elimination restoration amount, establishment of a community schools and extended learning time grant program, duties of school districts and the costs of certain tuition maintenance and transportation; amends the general municipal law, in relation to the employee benefit accrued liability reserve fund; amends the education law, in relation to transportation after 4 pm; amends chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending certain provisions; amends chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to apportionment and reimbursement; and in relation to extending the expiration of certain provisions; amends chapter 169 of the laws of 1994 relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; amends chapter 82 of the laws of 1995, amending the education law and certain other laws relating to state aid to school districts and the appropriation of funds for the support of government; amends chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees; amends chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; amends chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the expiration of certain provisions of such chapter; amends chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts, in relation to extending the provisions of such chapter; relates to school bus driver training; relates to the support of public libraries; provides special apportionment for salary expenses; provides special apportionment for public pension expenses; relates to suballocation of certain education department accruals; relates to purchases by the city school district of Rochester; repeals subdivision 17 of section 1950 of the education law relating thereto; repeals section 3627 of the education law relating to transportation after 5 pm and provides for the repeal of certain provisions upon expiration thereof (Part A); amends the education law and the public authorities law, in relation to the acquisition, design, construction, reconstruction, rehabilitation, improvement and financing of dormitory facilities for the state university of New York (Part B); amends chapter 57 of the laws of 2005 amending the labor law and other laws implementing the state fiscal plan for the 2005-2006 state fiscal year, relating to the New York state higher education capital matching grant program for independent colleges, in relation to the New York state higher education matching grant program for independent colleges and the effectiveness thereof (Part C); amends the education law, in relation to establishing the Next Generation NY Job Linkage Program Act (Part D); amends the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part E); amends the executive law and the social services law, in relation to consolidating the youth development and delinquency prevention program and the special delinquency prevention program; and to repeal certain provisions of the executive law relating thereto; and providing for the repeal of such provisions upon expiration thereof (Part G); amends the real property tax law, in relation to providing for the registration of recipients of STAR exemptions, and eliminating waste, fraud and abuse in the STAR program and relating to the powers of the state board of real property tax services (Part J); utilizes reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part M); relates to the powers of the commissioner of labor and repeals subdivision 17 of section 100 of the economic development law relating to the operation of the state data center (Part N); increases unemployment insurance benefits and contributions, to entitlement and eligibility criteria, to work search requirements, to relieving employers of charges for separations caused by misconduct and voluntarily leaving employment without good cause, to reduction of benefits based on pensions and dismissal pay, to enhanced penalties, in relation to fraudulently obtained benefits and new penalties for employers who cause overpayments by failing to timely and accurately respond to information about claims, to approving employer shared work benefit plans, and to the interest assessment surcharge; amends chapter 62 of the laws of 2003, amending the state finance law and other laws relating to authorizing and directing the state comptroller to loan money to certain funds and accounts, in relation to the effectiveness thereof; repeals certain provisions of the labor law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part O); amends the labor law, in relation to the minimum wage and making technical corrections relating thereto (Part P); amends the racing, pari-mutuel wagering and breeding law, in relation to labor peace agreements (Part R); amends the education law, in relation to dental health certificates for students (Part S); amends the education law, in relation to the performance of medical services (Part T); amends the education law, in relation to creating the graduation, achievement and placement program (Part U); amends the education law, in relation to charges for non-resident students (Part V); amends the tax law, the state finance law and the executive law, in relation to gifts for honor and remembrance of veterans, the establishment of the veterans remembrance and cemetery maintenance and operation fund, repeals certain provisions of the executive law relating thereto (Part W); amends the public service law, in relation to strengthening the oversight and enforcement mechanisms of the Public Service Commission; amends the general business law, in relation to increasing fines for violations relating to the protection of underground facilities (Part X); relates to the repowering of existing power generation facilities (Part Y); amends the labor law, in relation to the self-employment assistance program; amends chapter 413 of the laws of 2003 amending the labor law relating to the self-employment assistance program and other matters, in relation to the effectiveness thereof (Part Z); amends chapter 420 of the laws of 2002 amending the education law relating to the profession of social work; amends chapter 676 of the laws of 2002 amending the education law relating to the practice of psychology; amends chapter 130 of the laws of 2010 amending the education law and other laws relating to the registration of entities providing certain professional services and the licensure of certain professions, in relation to reporting requirements and expiration dates; amends the education law, in relation to licensure of social workers and mental health counselors (Part AA); amends the retirement and social security law, in relation to stable pensions; amends the education law, in relation to a stable contribution option for participating educational employers (Part BB); relates to contracts for services and expenses of pay for success initiatives to improve program outcomes in the program areas of health care, early childhood development, childhood welfare and public safety (Part CC); amends the private housing finance law, in relation to establishing the rural and urban community investment fund program (Part DD); amends the state finance law, in relation to increasing state assistance to eligible cities and eligible municipalities in which a video lottery gaming facility is located (Part EE); amends the penal law, in relation to making technical changes to such law relating to licensing of firearms; amends chapter 1 of the laws of 2013 amending the criminal procedure law and other laws relating to suspension and revocation of firearms licenses, in relation to the effectiveness thereof (Part FF); amends the workers' compensation law, in relation to changing the composition of the board's practice committees and to permitting a single arbitrator process; amends the workers' compensation law, in relation to the collection of assessments for annual expenses and the investment of surplus or reserve; relates to the representation of funds, in relation to closing the fund for reopened cases; relates to administration expenses for the state insurance fund; relates to requiring self-insured municipal groups and county treasurers to provide certain financial information to the workers' compensation board; amends the workers' compensation law and the public authorities law, in relation to authorizing the workers' compensation board and the dormitory authority to enter into a self-insured bond financing agreement; amends the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law, in relation to the payment of benefits and to the assessment of expenses; amends the public officers law, in relation to indemnification of state officers and employees; repeals certain provisions of the workers' compensation law, the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law relating to assessments for expenses, and relating to the location of the workers' compensation board (Part GG); provides for the administration of certain funds and accounts related to the 2013-14 budget; authorizes certain payments and transfers; amends chapter 59 of the laws of 2012, relating to providing for administration of certain funds and accounts related to the 2013-2014 budget, in relation to the effectiveness thereof; amends the state finance law, in relation to school tax relief fund; amends chapter 60 of the laws of 2011, amending the state finance law relating to disbursements from the tribal-state compact revenue account to certain municipalities, in relation to the availability of moneys; amends the New York state medical care facilities finance agency act, in relation to the deposit of certain funds; amends the state finance law, in relation to the issuance of revenue bonds; amends the public authorities law, in relation to the number of directors required for approval of a resolution authorizing the issuance of bonds or notes; amends the New York state urban development corporation act, in relation to funding project costs for certain capital projects; amends chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the Division of Military and Naval Affairs Capital Projects; amends chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds; amends the private housing finance law, in relation to housing program bonds and notes; amends chapter 329 of the laws of 1991, amending the state fiance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of bonds; amends the public authorities law, in relation to courthouse improvements and training facilities, metropolitan transportation authority facilities, peace bridge projects and issuance of bonds by the dormitory authority; amends chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to issuance of bonds by the urban development corporation; amends the New York state urban development corporation act, in relation to projects for retention of professional football in western New York; amends the public authorities law, in relation to the cleaner, greener communities program; amends the state finance law, in relation to establishing the sales tax revenue bond tax fund and providing for the deposit of revenues therefrom, establishing the sales tax revenue bond financing program; amends the tax law, in relation to deposit and disposition of revenue; amends the state finance law, in relation to establishing the New York state storm recovery capital fund; amends the New York state urban development corporation act, in relation to authorizing the urban development corporation to issue bonds to fund project costs for the implementation of a NY-CUNY challenge grant program; amends chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof; amends the public authorities law, in relation to dormitories at certain educational institutions other than state operated institutions and statutory or contract colleges under the jurisdiction of the state university of New York; amends chapter 81 of the laws of 2002, providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to increasing the aggregate amount of bonds to be issued by the New York state urban development corporation; amends the public authorities law, in relation to financing of New York works transportation capital projects; provides for the repeal of certain provisions upon expiration thereof (Part HH).

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BILL NUMBER:S2607

TITLE OF BILL:
An act
in relation to school district eligibility for an increase
in apportionment of school aid and implementation of
standards
for conducting annual professional performance
reviews to determine teacher and principal effectiveness;
to amend the education law, in relation to contracts for
excellence, expenses for computer equipment,
accountability of school districts,
the financing of charter schools, apportionment of school
aid, calculation of the gap elimination restoration amount,
establishment of a community
schools and extended learning time grant
program,
duties
of school districts and the costs of certain tuition maintenance
and transportation;
to amend chapter 756 of the laws of 1992
relating to funding a program for work force education conducted
by the consortium for worker education in New York city, in
relation to apportionment and reimbursement; and in relation to
extending the expiration of certain provisions; to amend chapter
169 of the laws of 1994 relating to certain provisions related to
the 1994-95 state operations, aid to localities, capital projects
and debt service budgets; to amend chapter 82 of the laws of 1995,
amending the education law and certain other laws relating to state
aid to school districts and the appropriation of funds for the support
of government; to amend chapter 147 of the laws of 2001
amending the education law relating to conditional appointment of
school district, charter school or BOCES employees; to amend chapter
425 of the laws of 2002 amending the education law relating to
the provision of supplemental educational services, attendance at a
safe public school and the suspension of pupils who bring a
firearm to or possess a firearm at a school, to amend chapter 101
of the laws of 2003 amending the education law relating to
implementation of the No Child Left Behind Act of 2001, in relation to
extending the expiration of certain provisions of such chapters; to
amend chapter 472 of the laws of 1998 amending the education law relating
to the lease of school buses by school districts, in relation to
extending the provisions of such chapter;
in
relation to school bus driver training; in relation to the support
of public libraries; to provide special apportionment for salary
expenses; to provide special apportionment for public pension
expenses; in relation to suballocation of certain education department
accruals; in relation to purchases by the city school district of
Rochester; and providing for the repeal of certain provisions relating
to the suballocation of certain education department accruals
(Part A);
to amend the education law and the public authorities law, in
relation to the acquisition,
design, construction, reconstruction, rehabilitation, improvement and
financing of dormitory
facilities for the state university of New York


(Part B);
to amend
chapter 57 of the laws
of 2005 amending the labor law and other
laws implementing the state fiscal plan for
the 2005-2006 state fiscal year, relating to the
New York state higher education capital matching grant program
for independent colleges, in relation
to the New York state higher education
matching grant program for independent
colleges and the effectiveness thereof
(Part C);
to amend the education law, in relation to establishing the Next
Generation NY Job Linkage Program Act
(Part D);
to amend the social services law, in relation to increasing the standards
of monthly need for aged, blind and disabled persons living in the
community
(Part E);
to amend the private housing finance law,
in relation to the homeless housing and
assistance program; and to repeal certain
provisions of the social services law relating
thereto
(Part F);
to amend the executive law and the social services law, in relation to
consolidating the youth development and delinquency prevention program
and the special delinquency prevention program; and to repeal certain
provisions of the executive law relating thereto
(Part G);
to amend the executive law, the family court act, and the social
services law,
in relation to juvenile justice reforms; and to repeal
certain provisions of the executive law and the family court act
relating thereto (Subpart A); to amend the executive law, in relation to
allowing the department of civil service, in consultation with the
commissioner of the office of children and family services, to
prescribe qualifications of facility director positions (Subpart B)
(Part H);
to amend the executive law, the
public health law and the social services
law, in relation to the merger of the office of the welfare inspector
general with the office of the inspector general; and to repeal certain
provisions of the executive law relating thereto
(Part I);
to amend the real property tax law, in relation to providing
for the registration of
recipients of STAR exemptions, and eliminating waste, fraud and abuse
in the STAR program
(Part J);
to amend the private housing finance law, in relation to the community
preservation program; and to repeal articles 16 and 17 of such law
relating thereto
(Part K);
to amend the public authorities law and the private housing
finance
law, in relation


to modernizing the investment powers of the
state of New York mortgage agency and the New
York state housing finance agency; and to repeal certain provisions
of the public authorities law and the private housing finance
law relating
thereto
(Part L);
to utilize reserves in the project
pool insurance account of the
mortgage insurance fund for various
housing purposes
(Part M);
to amend the labor law, in relation to the powers of the commissioner of
labor and to repeal subdivision 17 of section 100 of the economic
development law relating to the operation of the state data center
(Part N);
to amend the labor law, in
relation to increasing unemployment
insurance benefits and contributions,
to entitlement and eligibility
criteria, to work search requirements,
to relieving employers of charges for
separations caused by misconduct and
voluntarily
leaving employment without
good cause, to reduction of benefits
based on pensions and dismissal pay,
to enhanced penalties, in relation to
fraudulently obtained benefits and new
penalties for employers who cause
overpayments by failing to timely and
accurately respond to information
about claims, to approving employer
shared work benefit plans, and
to the
interest assessment surcharge; and to amend
chapter 62 of the laws of 2003, amending the state finance law
and other laws relating to authorizing and directing the state
comptroller to loan money to certain funds and accounts, in relation
to the effectiveness thereof; to repeal certain provisions of the
labor law relating thereto;
and providing for the repeal
of certain provisions upon expiration thereof
(Part O);
to amend the labor law, in relation to the minimum wage and making
technical corrections relating thereto
(Part P);
to amend the civil service law, in relation to the expiration of
paragraph d of subdivision 4 of section 209 of such law
and the authority of certain
public arbitration panels thereunder
(Part Q); and to amend the racing, pari-mutuel wagering and breeding
law, in relation to the placement of
casino gambling facilities and to amend the state finance law,
in relation to establishing the casino revenue fund (Part R)


PURPOSE:
This bill contains provisions needed to implement the Education, Labor
and Family Assistance portions of the 2013-14 Executive Budget.

This memorandum describes Parts A through R of the bill which are
described wholly within the parts listed below.

Part A - Amend Education Law and make other changes necessary to
authorize School Aid and implement education-related programs in the
Executive Budget.

Purpose:

This bill contains various provisions necessary for implementation of
the education portion of the 2013-14 Executive Budget.

Statement in Support, Summary of Provisions, Existing Law,
and Prior
Legislative History:

Public education in New York represents a significant commitment of
State and local resources. With total spending levels exceeding $56
billion, New Yorkers have maintained the highest per-pupil spending
levels in the nation - even in these difficult financial times. Not
only is education the largest area of State spending, it is also the
largest component of local property taxes. This substantial
investment is a reflection of New York State's long-standing
commitment to providing opportunity for all students.

This bill includes several measures to authorize School Aid along with
other changes necessary to implement education-related programs in
the Executive Budget.

Significant provisions include:

* 2013-14 School Aid Increase. The 2013-14 Executive Budget recommends
$20.8 billion in School Aid for the 2013-14 school year, a
year-to-year increase of $611 million, or 3 percent. As part of the
$611 million total increase in School Aid for the 2013-14 school
year, the bill would provide a methodology that would target most of
the allocated increase to high need school districts, as well as
modify the existing High Tax Aid formula to better target available
aid to lower wealth school districts.

* State of the State Initiatives. The Executive Budget supports $75
million in State of the State initiatives, most of which are based on
the recommendations of the Governor's New NY Education Reform
Commission. These initiatives will build on a strong research base to
guide investment to programs which have been shown to improve both
academic and health outcomes for students. The bill would establish
several programs based on the Commission's recommendations. These
programs include the following:

o School-wide Extended Learning: The bill would provide increased
learning opportunities for students by requiring that school
districts commit to extending the school day or school year by at
least 25 percent with academically enriched programs. Awarding of


funding will be prioritized to support high-quality extended school
day or extended school year programs to school districts that target
the schools and students with the greatest needs.

o Community Schools: The bill would support an innovative program
designed to transform schools into community hubs. The community
schools will integrate academic, health, nutrition, counseling,
legal, and other services, as well as after school programming to
support students and their families.

* Compliance with the Teacher Evaluation Process Requirement. Increases
in State Aid would continue to be linked to a school district's
compliance with the teacher and principal evaluation process. In
order to be eligible to receive school aid increases in the 2013-14
school year and thereafter, school districts would be required to
have an approved Annual Professional Performance Review (APPR) plan
for teachers and principals in place by September 151 of each school
year.

* Contracts for Excellence. The bill would require all school districts
currently in the Contracts for Excellence program to remain in the
program unless all of the school buildings in the school district are
reported as "In Good Standing" for purposes of the State
accountability system. School districts that remain would be required
to maintain funding on Contracts for Excellence programs at the same
level required for the 2012-13 school year.

* School District Mandate Relief. The bill would create a new waiver
process that would allow school districts, BOCES and approved private
special education programs to petition the State Education Department
for flexibility from certain special education requirements and
eliminate the requirement for school districts with fewer than 1,000
students to maintain an internal auditor.

* Charter School Tuition Rates. The per pupil charter school tuition
payments made by school districts to charter schools for the 2013-14
school year would be maintained at 2010-11 levels.

* Summer School Special Education. The bill would align the payment
process for July and August programs for students attending New York
State Schools for the Blind and Deaf to the payment process for other
students receiving special education programming in July and August,
by making the student's school district of residence responsible for
payment of costs in the first instance.

* New York City Preschool Special Education. The bill would authorize
New York City to implement a process to select among State-approved
special
education providers for preschool special education services, and to
set provider rates within certain State parameters.

* Preschool Special Education Audit Cost Recoveries. The bill would
increase the county share of preschool special education audit
recoveries from the existing 40.5 percent to 75 percent.

* Other Miscellaneous Provisions. The bill would also provide for a
number of other provisions including: extensions of existing


provisions of State law; provide for earlier claiming deadlines for
State Aid; and limit the number of times a school district could
receive Full-day Kindergarten Conversion Aid.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget.

Effective Date:

This bill takes effect April 1, 2013, except that selected provisions
take effect immediately or on other specified dates.

Part B - Establish a new financing structure for the State University
of New York's Residence Hall Program.

Purpose:

This bill would establish a new financing structure for the State
University of New York's ("SUNY") Residence Hall Program whereby the
Dormitory Authority of the State of New York ("DASNY") would continue
to finance the construction, operation and maintenance costs of new
and existing dormitory facilities at SUNY. However, debt service costs
associated with the program would be satisfied through a new fund held
by the Commissioner of the Department of Taxation and Finance
("Commissioner") without State appropriation.

Statement in Support Summary of Provisions, Existing Law,
and Prior
Legislative History:

SUNY's Residence Hall Program supports the operating, capital and debt
service costs of 485 dormitory facilities at 26 of SUNY's
State-operated campuses. The program is supported solely by the
revenues collected from room rental charges. DASNY issues bonds to
support the capital expenses of the program utilizing the State
University Dormitory Revenue Credit, which includes a general
obligation pledge of SUNY.

The current financing structure supporting the program requires that
all revenue collected from the rental of dormitory facilities be
deposited into the Dormitory Income
Account, which is held by the State Comptroller and under the control
and management of the State Treasury. The revenues are appropriated
in the State Budget and expended for the operations, capital expenses
and debt service costs associated with the program.

The new financing structure established in this bill would allow for
the revenues to be deposited in a newly created Dormitory Facilities
Revenue Fund, held under the control of the Commissioner and outside
of the State Treasury. Debt service obligations from existing bonds,
as well as bonds issued under the new program, would be satisfied
from revenue collected in the new fund. Subsequently, revenues
remaining in the fund after the payment of debt service costs and the
funding of required reserves would be transferred to the custody of
the State Comptroller, where it would become the absolute property of


SUNY. Once transferred, the revenues would be available for operating
and capital costs and expended through a State appropriation.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget, as it would provide SUNY with necessary resources to manage
their Residence Hall Program without adding new capital spending to
the State's financial plan, which has limited available resources for
new capital spending.

Effective Date:

This bill would take effect immediately upon enactment.

Part C - Extend and amend the New York State Higher Education Capital
Matching Grant Program.

Purpose:

This bill would extend the Higher Education Capital (HECap) Matching
Grant Program for one additional year and amend the reallocation
process of the remaining funds.

Statement in Support, Summary of Provisions, Existing Law,
and Prior
Legislative History:

The 2006 Enacted Budget authorized the creation of the $150 million
HECap Matching Grant Program to support capital projects at the
State's various independent colleges. Projects were selected through
a formula-driven process and were required to have a three to one
(non-State to State) dollar match by eligible academic institutions.
To date, 151 projects totaling $142.3 million is currently allocated.
The HECap Program is set to expire on March 31, 2013. This bill would
extend the HECap program for one year and amend the current
reallocation process so that remaining funds will be provided to
eligible academic institutions on a competitive basis.

Budget Implications:

Enactment of this bill is necessary to implement the FY 2014 Executive
Budget, which assumes that the entire $150 million is provided to
eligible academic institutions. There is approximately $7.7 million
available for reallocation.

Effective Date:

This bill would take effect immediately upon enactment.

Part D - Create the Next Generation NY Job Linkage Program.

Purpose:

This bill would establish the Next Generation NY Job Linkage Program
Act to refocus community college workforce programs on preparing
students for employment in today's high-skills economy.


Statement in Support, Summary of Provisions, Existing Law,
and Prior
Legislative History:

With an estimated 210,000 unfilled jobs as of the end of August 2012,
private-sector employers in New York State report difficulty in
filling job openings - often due to a mismatch between the skills of
the labor force and the specific needs of employers. The Next
Generation NY Job Linkage Program Act would change the State's
approach to funding community college vocational programs to ensure
that students are prepared for the jobs of today and the jobs of
tomorrow.

The current funding policy provides aid to community colleges for
every student they enroll. This proposal would change that approach
-for students pursuing vocational certificates and degrees only - to
ensure that community colleges are best preparing students to enter
the labor market with the skill-sets needed for the jobs available in
their respective regions. To assist community colleges in examining
their program offerings, the Department of Labor will provide a list
of occupations that meet current regional workforce needs based on
available labor market data. Additionally, occupations could be
identified as "in demand" by the local Regional Economic Development
Council.

The bill would also create a Next Generation NY Job Linkage Program
Incentive Fund to reward community colleges that enable students to
find or advance in good-paying jobs in their chosen occupation, train
students for careers that are in demand by employers in their region,
and help students graduate on time with an industry-recognized degree
or certificate.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget, as it includes new requirements for enrollment in workforce
programs to count in the determination of community college operating
aid. The Executive Budget also includes a new $5 million allocation
for the Next Generation NY Job Linkage Program incentive Fund.

Effective Date:

This bill would take effect immediately upon enactment.

Part E - Authorize the pass-through of any Federal Supplemental
Security Income (SSI) Cost of Living Adjustment which becomes
effective on or after January 1, 2014.

Purpose:

To authorize SSI benefits to be increased in 2014 by the percentage of
any Federal SSI Cost of Living Adjustment (COLA).

Statement in Support, Summary of Provisions, Existing Law, and Prior
Legislative History:


Social Services Law §§ 131-o and 209 establish specific amounts for
the monthly Personal Needs Allowance (PNA) and the monthly SSI
standard of need (the maximum combined Federal and State benefit) for
recipients in various living arrangements. This bill amends those
sections of law to set forth the actual 2013 PNA amounts and the
standard of need for eligibility and payment of additional State
payments. It also authorizes those amounts to be automatically
increased in 2014 by the percentage of any Federal SSI COLA which
becomes effective within the first half of calendar year 2014.

Legislation to effectuate the Federal SSI COLA has been enacted
annually since 1984.

Budget Implications:

If the pass-through of the Federal SSI COLA is not authorized in State
statute, there will be no statutory authority to provide SSI
recipients with the full amount of any Federal increase plus a State
supplement at the current level. The State supplements would be
automatically reduced to reflect the current standards of need set
forth in the SSL.

Effective Date:

This bill would take effect December 31, 2013.

Part F - Transfer the administration of the Homeless Housing and
Assistance Program from the Office of Temporary and Disability
Assistance to the Division of Housing and Community Renewal

This bill would authorize the Division of Housing and Community
Renewal (DHCR) to administer the Homeless Housing and Assistance
Program (HHAP).

Statement in Support, Summary of Provisions, Existing Law,
and Prior
Legislative History:

The Social Services Law authorizes the Office of Temporary and
Disability Assistance (OTDA) to administer HHAP, which finances
construction of housing units for homeless individuals and families.
This bill transfers that authority and establishes it in the Private
Housing Finance Law under the administration of DHCR, the agency with
primary responsibility for, and expertise in, capital construction
and asset management. The bill would maintain the Commissioners of
OTDA and DHCR and the Chairman of the Housing Finance Agency as board
members of the Homeless Housing and Assistance Corporation (HHAC),
and would expand board membership to include the Commissioners of the
Office of Mental Health (OMH) and the Office of Alcoholism and
Substance Abuse Services (OASAS). The bill would require that DHCR
and HHAC consult with OTDA, OMH, OASAS and other appropriate agencies
in carrying out the provisions of the program.

Many HHAP projects also receive funding through programs administered
by DHCR. This bill would align housing development programs within
one organizational structure so that application/design review,
underwriting, and monitoring for construction grants would be managed


by one agency to simplify the process for not-for-profits and private
sector developers of homeless housing to access State funding.
Programs to provide services which support homeless housing would
continue to be administered by OTDA.

The bill would align the HHAP statute with current practice in several
respects. It adds persons with AIDS, victims of domestic violence,
persons with substance abuse issues or mental illness and veterans to
the list of populations for whom HHAC must evaluate the need for
homeless projects and seek to allocate funds to meet those needs,
which reflects the current evaluation process. The bill requires that
HHAP operating plans
include a rent or other revenue structure that is affordable to the
population being housed, which matches a requirement in the Request
for Proposals. It increases the percentage allowed for technical
assistance from one percent to two percent, which is consistent with
annual appropriation language.

Budget Implications:

As the funding for HHAP is being transferred from OTDA to DHCR in the
2013-14 Executive Budget, there is no fiscal impact.

Effective Date:

This bill would take effect immediately upon enactment.

Part G - Combine and streamline delinquency prevention programs
administered by the Office of Children and Family Services (OCFS).

Purpose:

This bill would enhance the ability of counties, or a city having a
population of one million or more, to provide local youth development
services by creating administrative efficiencies and greater
flexibility.in how youth development funding can be used.

Statement in Support, Summary of Provisions, Existing Law,
and Prior
Legislative History:

Youth development consists of three funds: youth development and
delinquency prevention (YDDP); special delinquency prevention
programs (SDPP); and runaway and homeless youth (RHY) funding. YDDP
and SDPP are similar services that are both eligible for state aid.
The Executive Law prescribes separate administrative requirements for
how YDDP and SDPP funds can be distributed to local governments.
These requirements create administrative obligations for both
localities and OCFS and result in the inefficient use of the state
funds that are available.

Under this bill, YDDP and SDPP program funding would be combined and
instead a municipality (defined as a county, or a city having a
population of one million or more) could apply to receive youth
development services funding that could be used for a variety of
specified purposes that are consistent with the existing programs.
This will provide municipalities with greater flexibility in meeting


the youth development service needs within their jurisdiction and
provide for administrative relief to both local governments and OCFS.

The proposal would not make programmatic or funding changes to the RHY
program.

Budget Implications:

This bill would not reduce the funding levels when the YDDP and SDPP
programs are combined and would streamline the allocation of youth
development funding to local governments.

Effective Date:

This bill would take effect January 1, 2014.

Part H - Expand the Juvenile Justice Close to Home Initiative.

Purpose:

This bill would further the goals of the "Close to Home" initiative,
designed to improve outcomes for youth in the juvenile justice system
through comprehensive services provided closer to home, by requiring
youth from counties outside of New York City who would otherwise be
placed in non-secure Office of Children and Family Services (OCFS)
facilities to be placed with the appropriate local commissioner of
social services for receipt of services from private or
not-for-profit entities

Statement in Support, Summary of Provisions, Existing Law,
and Prior
Legislative History:

Under existing law, OCFS operates facilities across the state for
juvenile delinquents sent for residential placement by the family
courts. Such facilities are costly to operate, especially now that
youth from New York City who were served in the State's non-secure
placements are being placed with New York City, and many such
facilities are a significant distance from the home communities of
the youth still being served.

This bill would continue the transformation of the juvenile justice
system by implementing a close to home initiative, similar to that
enacted last year for youth from New York City, for youth from
counties outside of New York City who require placement in a
non-secure level of care. Effective May 1, 2013, family courts would
no longer be authorized to place youth from counties outside of New
York City in OCFS custody for placement in a non-secure level of
care. In counties outside of New York City, adjudicated juvenile
delinquents would be placed with a local social services district,
thereby facilitating the delivery of comprehensive services closer to
the youth's home community.

In addition, OCFS would be authorized to close all of its non-secure
facilities. At least 60 days before any closures, the Commissioner of
OCFS would provide notice of such closures to the Legislature and
post notices of closures on the agency's website. Upon such notice,


OCFS would also file petitions in family court to transfer of custody
of all non-secure youth in OCFS custody. Effective March 31, 2014,
OCFS would no longer be authorized to operate non-secure facilities.

Close to Home provides an effective combination of community services,
supervision, treatment and residential placement. Youth subject to
placement in a non-secure facility would be placed in the least
restrictive, most appropriate level of care, consistent
with public safety and with the goal of keeping youth closer to home
to strengthen family and community connections.

This bill would also amend the minimum requirements to be an "OCFS
Youth Facility Director". Each OCFS facility has a Facility Director,
and this change would allow candidates outside of New York State
service to be considered for those positions, thereby giving OCFS
greater flexibility to recruit candidates who are best-suited for the
position. The position's qualifications would be prescribed by the
Department of Civil Service in consultation with the Commissioner of
OCFS.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-2014
Executive Budget, because it authorizes the closure of OCFS
non-secure youth facilities and implements a close to home initiative
for counties outside of New York City. While the cost is estimated to
be approximately $2 million to the State, it will provide savings to
local governments in SFY 2013-2014. The annualized savings thereafter
are estimated to be $4.2 million ($1.4 million State, $2.8 million
local) by SFY 2014-2015.

Effective Date:

This bill would take effect immediately upon enactment; however,
sections seven through fifteen of subpart A takes effect May 1, 2013
and sections one, two, four, five and six take effect March 31, 2014,
and subpart B takes effect in 30 days.

Part I - Merge the Office of the Welfare Inspector General into the
Office of the State Inspector General.

Purpose:

This bill would enhance the State's ability to fight welfare fraud by
merging the Office of the Welfare Inspector General (OWIG) into the
Office of the State Inspector General (OIG).

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Under current law, OWIG is created within the Medicaid Fraud Control
Unit of the State Attorney General's Office, but the Welfare
Inspector General is appointed by the Governor. Unlike every other
Inspector General's Office in the State, the OWIG has the authority
to prosecute cases, but it has done so very infrequently in the last
several years.


This bill would merge the OWIG into the OIG This would improve the
State's ability to investigate allegations of welfare fraud, because
the significantly greater resources of
the OIG could be leveraged to investigate these types of allegations.
The OWIG's existing authority to prosecute welfare fraud cases would
not be transferred to the OIG, but instead the OIG would ensure that
these cases are referred to the appropriate prosecutor's office.

Budget Implications:

Enactment of this bill is necessary to implement the FY 2014 Executive
Budget because it will eliminate operational expenses necessary to
maintain the OWIG as a separate agency and will allow more robust
investigations of welfare fraud.

Effective Date:

This bill would take effect immediately upon enactment.

Part J - Authorize STAR Re-registration and Anti-Fraud Program.

Purpose:

This bill would eliminate waste, fraud and abuse in the STAR exemption
by (1) authorizing the Department of Taxation and Finance to require
all recipients of the Basic STAR exemption to be registered with the
Department of Taxation and Finance, and (2) strengthening the
penalties for fraud while tightening the standards and procedures for
determining eligibility.

Statement in Support, Summary of Provisions, Existing Law
and Prior Legislative History:

Under the current structure of the STAR program, local assessors are
solely responsible for making exemption eligibility determinations,
and thus are responsible for preventing fraud and abuse in the
program. However, there is no mechanism in current law that would
allow assessors to determine whether a homeowner is receiving an
unlawful STAR exemption in another locality, and there is evidence
that some individuals are receiving STAR benefits unlawfully. This
proposal is aimed at stopping this type of fraudulent activity. Its
centerpiece is a statewide STAR re-registration program for BASIC
STAR recipients, to be conducted by the New York State Department of
Taxation and Finance. Based on the STAR eligibility criteria
established in law, the Department would be authorized to notify
local assessors of STAR beneficiaries in their jurisdictions who are
not lawfully registered or are otherwise unqualified, and assessors
may be directed to remove those exemptions from the roll. The
proposal thus would ensure that the generous tax relief provided by
the STAR program goes only to truly qualified homeowners, while
relieving assessors of the lion's share of the burden of reviewing
eligibility.
In support of this effort, the proposal would also (i) impose a
meaningful penalty for those found to be receiving STAR benefits
unlawfully, (ii) empower the Department of Taxation and Finance to
establish guidelines for determining primary residency for STAR


purposes, and make various other administrative reforms that will
help root out waste, fraud and abuse in the STAR program.

Budget implications:

Enactment of this bill would increase All Funds receipts by $1 million
in SFY 2013-14 and annually thereafter.

Effective Date:

This bill would take effect April 1, 2013.

Part K - Merge and reform the Neighborhood and Rural Preservation
Programs.

Purpose:

This bill would restructure the Neighborhood Preservation Program
(NPP) and Rural Preservation Program (RPP) into a single,
performance-based program.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

This bill would repeal Articles 16 and 17 of the Private Housing
Finance Law (PHFL) that establish the Neighborhood Preservation
Program and the Rural Preservation Program and create a new Article
27 to establish a new Community Preservation Program within the
Housing Trust Fund.

Under current law, the Division of Housing and Community Renewal
(DHCR) provides financial support to approximately 200 not-for-profit
community-based housing corporations across the State. These
corporations provide various housing related services to communities
and are required to serve areas with significant unmet housing needs
for low- and moderate-income populations. The proposed single program
would support the same housing and community renewal activities that
are supported under current law, without distinction relative to
geographical characteristics.

Under the new program, funds would be awarded based upon achievement
of performance standards established by the Housing Trust Fund
Corporation. The bill also would authorize more than one corporation
to file a joint application for funding and maintain recently enacted
provisions that encourage program mergers and consolidations.

Budget Implications:

This would set forth critical reforms that will better ensure the
effective use of funds provided for the program. The Community
Preservation Program is recommended for funding through excess
revenue from the Mortgage Insurance Fund in FYs 2013-14 and 2014-16.

Effective Date:

This bill would take effect July 1, 2013.


Part L - Modernize the investment powers of the State of New York
Mortgage Agency and the Housing Finance Agency.

Purpose:

The bill would expand and modernize the investment powers of the
Housing Finance Agency (HFA), the State of New York Mortgage Agency
(SONYMA) and the Mortgage Insurance Fund (MIF) within SONYMA. The
updated investment authority of SONYMA and HFA would conform with the
investment instruments authorized for the Tobacco Settlement
Financing Corporation (TSFC), and the updated authority for the MIF
would grant certain additional investment powers that are already
available to other public authorities.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill would modernize the investment practices of SONYMA, HFA and
the MIF, and allow the MIF to generate additional earnings on its
investments.

The bill authorizes SONYMA and HFA to invest in two specific
categories of investments: "investment securities" and "ancillary
facilities". The definition of investment securities includes
investments currently authorized to the State Comptroller. The
definition of ancillary facilities includes interest rate exchange
agreements, bond insurance policies and similar agreements.
Additionally, the bill grants the MIF authority to invest in
government backed mortgage securities of Ginnie Mae, Fannie Mae, and
Freddie Mac; HFA mortgages insured by the FHA; and obligations of
public authorities of New York.

Under current law:

* SONYMA, HFA, and MIF are all authorized to invest in direct
obligations of, or obligations guaranteed by, the federal government
and New York State;

* Only SONYMA may invest in time deposits;

* SONYMA and MIF are authorized to invest in certificates of deposit;

* Only HFA is authorized to invest in any other obligations in which
the State Comptroller is authorized to invest, pursuant to section
ninety-eight of the state finance law;

* MIF is authorized to invest in direct obligations of, or obligations
guaranteed by, any city of the State;

* MIF is authorized to invest in federal agency obligations; and

* MIF may invest its funds which are not required for immediate use or
disbursement in certain obligations, provided such investments may be
legally purchased by savings banks of the state and are approved by
the Comptroller.

Budget Implications:


The additional of investment authority to the MIF would permit the MIF
to generate additional revenues through prudent investments to
support the creation and preservation of affordable housing.

Effective Date:

This bill would take effect immediately upon enactment.

Part M - Provide for the utilization of excess Mortgage Insurance Fund
reserves.

Purpose:

This bill would provide for FY 2013-2014 utilization of excess
Mortgage Insurance Fund (MIF) reserves to fund the creation and
preservation of affordable housing.

Statement in Support, Summary of Provisions,
Existing Law, and Prior Legislative History:

The MIF, a division of the State of New York Mortgage Agency (SONYMA),
was created in 1978 to insure mortgage loans for projects that would
not otherwise be able to obtain private mortgage insurance, thereby
encouraging the commercial and public investment of mortgage capital
and increasing the supply of affordable housing in New York State.

The SONYMA statute allows for excess revenues from the MIF to be
returned to the State, provided that (i) the SONYMA Board approves
the return of the excess MIF revenue to the State and (ii) the
reserves in the MIF are sufficient to attain and maintain a specified
threshold credit rating agency rating. MIF excess revenues have
previously been returned to the State and $100 million was
transferred to the General Fund in the FY ending March 2013.

The MIF is currently projected to have sufficient reserves for FY
2013-2014 that can be accessed without negatively impacting the
Fund's credit rating. The excess MIF funds will be utilized in the
following manner:

* Mitchell-Lama Portfolio ($17,582,000): supports the refinancing and
capital repairs of 36 Mitchell-Lama affordable housing projects that
Homes and Community Renewal will acquire from the Empire State
Development Corporation;

* Community Preservation Program ($12,018,000): supports
community-based housing corporations across the State that provide
various housing related services for low- and moderate-income
populations;

* Rural Rental Assistance Program ($20,400,000): supports rental
subsidies for low-income elderly and family tenants residing in
federally-funded multifamily projects in rural areas of the State;

* Transfer $100 million to the General Fund.

Budget Implications.us off;:


The bill is necessary for enactment of the FY 2013-2014 Executive
Budget, which assumes the establishment or increased funding for
housing initiatives as well as General Fund receipts.

Effective Date:

This bill would take effect immediately upon enactment.

Part N - Transfer of the State Data Center from the Department of
Economic Development to the Department of Labor.

Purpose:

To move the State Data Center from the Department of Economic
Development (DED) to the Department of Labor (DOL).

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Each state has a data center that collects, disseminates and analyzes
census data pursuant to an agreement with the United State Census
Bureau. New York's State Data Center is currently housed in DED. This
bill would move the State Data Center into DOL. Currently, DOL's
Division of Research and Statistics disseminates and analyzes labor
data. This would thereby consolidate and streamline the collection,
dissemination, research and analysis of statistical data within New
York State.

Budget Implications:

As the funding is being transferred for the State Data Center from QED
to DOL in the 2013-14 Executive Budget, there is no fiscal impact.

Effective Date:

This bill would take effect immediately upon enactment.

Part O - Reform the Unemployment Insurance Benefit System.

Purpose:

This bill would broadly reform New York's Unemployment Insurance (UI)
system, reducing employer costs, increasing UI benefits for
claimants, creating incentives for employment and stabilizing UI
Trust Fund finances.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Currently, the UI Trust Fund is insolvent, with a $3.5 billion
deficit. Employer costs are high, while worker benefits are
inadequate and lower than national averages. This bill would reform
both the tax and benefit structure to eliminate the current deficit,
decrease costs to employers, increase claimant benefits, and relieve
businesses of uncertainty due to repeated Trust Fund deficit cycles.
Enactment would result in a solvent Trust Fund in 2016. Specifically,
the bill would:


* Increase the maximum weekly benefit to workers, currently $405,
annually through 2026, when the benefit would be incrementally
adjusted to 50% of the average weekly wage and also increase the
minimum benefit from $65 to $100;

* Modify the wage base, from $8,500 to $10,300 in 2014 with incremental
increases thereafter, and amend the schedule for determining employer
liability in order to increase revenues to stabilize the Trust Fund,
eliminate the current deficit, and lower employers costs;

* Further decrease employer costs by removing obligations when
employees are terminated or resign, reducing benefits when employees
receive severance or pension, and combating fraud; and

* Encourage UI recipients to actively seek employment by mandating
weekly contacts with potential employers, adjusting the benefit
calculation, and increasing the requirements to accept employment
offers.

Finally, this bill would permanently extend the authority of the
Department of Labor (DOL) to assess a surcharge on employers for
payment of interest due on UI benefit loans from the federal
government.

Budget Implications:

Enactment of this bill is necessary, because the existing UI Trust
Fund is insolvent and imposes an undue burden on employers. Further,
if DOL is required to make federal interest payments and there is no
mechanism in place to assess employers for this cost, the State could
incur an estimated $93 million in General Fund liability which is not
assumed in the Financial Plan, or face federal sanctions.

Effective Date:

This bill would take effect immediately; however various sections
would take effect on January 1, 2014 through August 23, 2015.

Part P - Increase the minimum wage.

Purpose:
This bill would raise the minimum hourly wage from $7.25 to $8.75, and
make similar increases to the wages of food service workers.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

A minimum wage ensures that the most vulnerable members of the
workforce can participate in and contribute to a robust economy. A
reasonable minimum wage increases the standard of living for workers,
reduces poverty and incentivizes fair and more efficient business
practices. New York's minimum wage has not kept pace with increases
in the cost of living. At present, 19 states have a higher minimum
wage than New York, including our neighbors Connecticut, Vermont, and
Massachusetts.


New York's current statutory minimum wage of $7.25, which took effect
in 2009 when the federal minimum wage was raised to this level, is
unreasonable and unlivable. Prior to the 2009 federal increase, the
State wage was $7.15, effective January 1, 2007. This bill would
amend section 652 of the Labor Law to increase the statutory minimum
wage by $1.50, to $8.75.

Similarly, the minimum hourly wage for food service workers, including
those subject to food and lodging deductions by their employer, which
was last increased at the same time as the statutory minimum wage
increases, is increased to $6.03. Current law, by regulation,
provides for a $5.00 cash wage for these workers.

Increasing the minimum wage leads to greater economic growth. Evidence
suggests that an increase of $1 in the minimum wage generates
approximately $3,000 in household spending per year. At a time when
Federal and State budgets are constrained by a long economic
recovery, increasing the minimum wage is one of the few tools that
will grow the economy without increasing government spending. Most
importantly, this bill puts more money back into the pockets of
working New Yorkers without raising their taxes.

Budget Implications:

Enactment of this bill has broad budget implications as it increases
the standard of living for workers, reduces poverty, and incentivizes
fair and more efficient business practices.

Effective Date:

This bill would take effect immediately upon enactment.

Part Q - Reform Interest Arbitration awards for fiscally distressed
local governments, and extend current provisions expiring July 1, 2013.

Purpose:

This bill would extend mandatory interest arbitration and reform the
arbitration process by limiting awards imposed upon fiscally
distressed local governments.

Statement in Support Summary of Provisions,
Existing Law, and Prior Legislative History:

When public employers and their represented police and fire employees
are at an impasse in their contract negotiations, current law
provides the terms by which an interest arbitration panel can make
awards and settle the dispute. While current law requires an
arbitrator to consider a local government's "ability to pay", this
concept is not defined.

This bill would extend the current statute mandating interest
arbitration from July 1, 2013 to July 1, 2017. It was last extended
in 2009. It would also establish criteria by which a local government
(a county, city, town or village subject to the tax cap in General
Municipal Law § 3-c) could be deemed fiscally distressed and would


subsequently limit future arbitration awards involving such
"distressed" local government.

For purposes of this bill, a local government would be "fiscally
distressed" if one of the following two fiscal tests are met: (1) the
local government's average full value property tax rate is above the
75th percentile of all municipalities statewide, as averaged over the
most recent 5 fiscal years; or (2) if the local government's five-year
average general fund balance equals less than five percent of its
budget.

For any fiscally distressed local government entering interest
arbitration, the arbitration panel would be barred from increasing
the cost of the employees' collectively bargained compensation
package by more than two percent per year. Existing contractual step
and longevity increases would not be affected nor would payments due
to the relevant pension systems. Within this computation, the
arbitration panel must also take into account the rising costs of
health insurance for distressed local government employers and
further reduce the amount awarded by the value of the increasing
health insurance costs which exceeds two percent growth.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget, because current provisions governing interest arbitration are
set to expire within the upcoming State fiscal year. In addition, the
limitations set forth in the bill will assist fiscally distressed
local governments by helping to control their rising costs.

Effective Date:

The bill would take effect immediately upon enactment and shall be
effective for all collective bargaining agreements and interest
arbitration awards that expire on or after April 1, 2013.

Part R - Effectuate phase one of casino development Purpose:
This bill would commence the process necessary to effectuate phase one
casino development.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This legislation would authorize the development of up to three
casinos but would, among other things, exclude development of casinos
in downstate New York. It would also establish an office of casino
gambling regulation within the Gaming Commission and provide for the
manner of gaming regulation, selection of casino developers,
including the issuance of a formal request for information from
prospective developers, and require local governmental and community
support where a facility is to be located.

The Gaming Commission would also study and report on systems of casino
gaming regulation, taxation structures and capital investment and
consult directly with the Regional Economic Development Councils in
preparing such study.


Finally, the bill would direct revenues derived from casino gambling
and allocate them to a casino revenue fund established within the
State Finance Law which would allocate ninety percent of such
revenues for elementary and secondary education and ten percent for
local government relief.

The laws of the State of New York presently do not address the
development or regulation of commercial casino gambling activities.

This bill is necessary to prepare the State for casino development
should the State Legislature approve second passage of a resolution
to amend the State Constitution to authorize casino gambling and the
voters of the State concur. Advance preparatory work by the state
gaming commission is necessary for the State to maximize the
potential benefits achievable following the ratification of the
amendment.

Budget Implications:

Although this bill has no revenue impact in the near-term, casino
revenue, if realized, would become part of future Financial Plans and
therefore this bill should be considered as part of the 2013-14
Executive Budget process.

Effective Date:

This bill would take effect immediately upon enactment.

The provisions of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

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

    S. 2607                                                  A. 3007

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

                            January 22, 2013
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT  in  relation  to school district eligibility for an increase in
  apportionment of  school  aid  and  implementation  of  standards  for
  conducting annual professional performance reviews to determine teach-
  er  and  principal  effectiveness;  to  amend  the  education  law, in
  relation to contracts for excellence, expenses for computer equipment,
  accountability of school districts, the financing of charter  schools,
  apportionment of school aid, calculation of the gap elimination resto-
  ration  amount,  establishment  of  a  community  schools and extended
  learning time grant program, duties of school districts and the  costs
  of  certain  tuition  maintenance and transportation; to amend chapter
  756 of the laws of 1992 relating to funding a program for  work  force
  education conducted by the consortium for worker education in New York
  city,  in relation to apportionment and reimbursement; and in relation
  to extending the expiration of certain provisions;  to  amend  chapter
  169  of the laws of 1994 relating to certain provisions related to the
  1994-95 state operations, aid to localities, capital projects and debt
  service budgets; to amend chapter 82 of the laws of 1995, amending the
  education law and certain other laws relating to state aid  to  school
  districts  and  the  appropriation of funds for the support of govern-
  ment; to amend chapter 147 of the laws of 2001 amending the  education
  law  relating  to  conditional appointment of school district, charter
  school or BOCES employees; to amend chapter 425 of the  laws  of  2002
  amending  the  education law relating to the provision of supplemental
  educational services, attendance at  a  safe  public  school  and  the
  suspension  of pupils who bring a firearm to or possess a firearm at a
  school, to amend chapter 101 of the laws of 2003 amending  the  educa-
  tion law relating to implementation of the No Child Left Behind Act of
  2001, in relation to extending the expiration of certain provisions of
  such  chapters;  to amend chapter 472 of the laws of 1998 amending the
  education law  relating  to  the  lease  of  school  buses  by  school

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12572-02-3

S. 2607                             2                            A. 3007

  districts, in relation to extending the provisions of such chapter; in
  relation  to school bus driver training; in relation to the support of
  public  libraries;  to  provide  special  apportionment   for   salary
  expenses;   to   provide  special  apportionment  for  public  pension
  expenses; in relation to suballocation of certain education department
  accruals; in relation to purchases by  the  city  school  district  of
  Rochester; and providing for the repeal of certain provisions relating
  to  the  suballocation  of certain education department accruals (Part
  A); to amend the education law and  the  public  authorities  law,  in
  relation  to  the  acquisition,  design, construction, reconstruction,
  rehabilitation, improvement and financing of dormitory facilities  for
  the  state university of New York (Part B); to amend chapter 57 of the
  laws of 2005 amending the labor law and other  laws  implementing  the
  state fiscal plan for the 2005-2006 state fiscal year, relating to the
  New  York  state  higher  education capital matching grant program for
  independent colleges, in relation to the New York state higher  educa-
  tion  matching  grant  program for independent colleges and the effec-
  tiveness thereof (Part C); to amend the education law, in relation  to
  establishing  the Next Generation NY Job Linkage Program Act (Part D);
  to amend the social services law, in relation to increasing the stand-
  ards of monthly need for aged, blind and disabled  persons  living  in
  the  community  (Part E); to amend the private housing finance law, in
  relation to the homeless housing and assistance program; and to repeal
  certain provisions of the social services law relating  thereto  (Part
  F);  to  amend  the  executive  law  and  the  social services law, in
  relation  to  consolidating  the  youth  development  and  delinquency
  prevention program and the special delinquency prevention program; and
  to  repeal  certain  provisions  of the executive law relating thereto
  (Part G); to amend the executive law, the family court  act,  and  the
  social  services  law, in relation to juvenile justice reforms; and to
  repeal certain provisions of the executive law and  the  family  court
  act  relating  thereto  (Subpart  A);  to  amend the executive law, in
  relation to allowing the department of civil service, in  consultation
  with  the  commissioner of the office of children and family services,
  to prescribe qualifications of facility director positions (Subpart B)
  (Part H); to amend the executive law, the public health  law  and  the
  social  services  law,  in relation to the merger of the office of the
  welfare inspector general with the office of  the  inspector  general;
  and to repeal certain provisions of the executive law relating thereto
  (Part I); to amend the real property tax law, in relation to providing
  for the registration of recipients of STAR exemptions, and eliminating
  waste,  fraud  and  abuse  in  the STAR program (Part J); to amend the
  private housing finance law, in relation to the community preservation
  program; and to repeal articles 16 and 17 of such law relating thereto
  (Part K); to amend the public authorities law and the private  housing
  finance  law,  in relation to modernizing the investment powers of the
  state of New York mortgage agency  and  the  New  York  state  housing
  finance agency; and to repeal certain provisions of the public author-
  ities  law  and the private housing finance law relating thereto (Part
  L); to utilize reserves in the project pool insurance account  of  the
  mortgage  insurance  fund  for  various  housing purposes (Part M); to
  amend the labor law, in relation to the powers of the commissioner  of
  labor  and  to  repeal  subdivision  17 of section 100 of the economic
  development law relating to the operation of  the  state  data  center
  (Part  N); to amend the labor law, in relation to increasing unemploy-
  ment insurance benefits and contributions, to entitlement  and  eligi-

S. 2607                             3                            A. 3007

  bility  criteria,  to work search requirements, to relieving employers
  of charges for separations caused by misconduct and voluntarily  leav-
  ing  employment  without good cause, to reduction of benefits based on
  pensions  and  dismissal  pay,  to  enhanced penalties, in relation to
  fraudulently obtained benefits and new  penalties  for  employers  who
  cause  overpayments  by  failing  to  timely and accurately respond to
  information about claims, to approving employer  shared  work  benefit
  plans,  and to the interest assessment surcharge; and to amend chapter
  62 of the laws of 2003, amending the state finance law and other  laws
  relating  to  authorizing  and directing the state comptroller to loan
  money to certain funds and accounts, in relation to the  effectiveness
  thereof; to repeal certain provisions of the labor law relating there-
  to; and providing for the repeal of certain provisions upon expiration
  thereof  (Part  O); to amend the labor law, in relation to the minimum
  wage and making technical corrections relating thereto  (Part  P);  to
  amend  the  civil  service law, in relation to the expiration of para-
  graph d of subdivision 4 of section 209 of such law and the  authority
  of certain public arbitration panels thereunder (Part Q); and to amend
  the  racing, pari-mutuel wagering and breeding law, in relation to the
  placement of casino gambling facilities and to amend the state finance
  law, in relation to establishing the casino revenue fund (Part R)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2013-2014
state fiscal year. 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 a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section 1.  1. As used in this section:
  a. "APPR past non-compliance penalty" shall mean the sum of the annual
increases  in apportionments withheld pursuant to section 1 of part A of
chapter 57 of the laws of 2012 and subdivision 2 of this section for the
base year and each prior school year;
  b. "base year" shall mean the base year as defined in paragraph  b  of
subdivision 1 of section 3602 of the education law; and
  c.  "current year" shall mean the current year as defined in paragraph
a of subdivision 1 of section 3602 of the education law.
  2. Notwithstanding  any  inconsistent  provision  of  law,  no  school
district  shall  be eligible for an apportionment of general support for
public schools from the funds appropriated for the 2013-14  school  year
and  thereafter  in  excess  of  the  amount  apportioned to such school
district in the base year unless  such  school  district  has  submitted
documentation that has been approved by the commissioner of education by
September  1 of the current year, demonstrating that it has fully imple-

S. 2607                             4                            A. 3007

mented the standards and procedures for conducting  annual  professional
performance  reviews  of  classroom  teachers and building principals in
accordance with the requirements of section 3012-c of the education  law
and the commissioner of education's regulations.
  3.  For  the  2013-14  school year and thereafter the apportionment of
general support for public schools from the funds appropriated  for  the
2013-14  school  year  and  thereafter shall be reduced by the APPR past
non-compliance penalty. Such reduction shall not occur prior to April  1
of the current year.
  4.  If  any  payments of ineligible amounts pursuant to subdivisions 2
and 3 of this section were made, and the school district has not submit-
ted documentation that has been approved by the commissioner  of  educa-
tion by September 1 of the current school year demonstrating that it has
fully  implemented  the  standards  and procedures for conducting annual
professional performance reviews  of  classroom  teachers  and  building
principals  in accordance with the requirements of section 3012-c of the
education law and the regulations of the commissioner of education,  the
total  amount  of such payments shall be deducted by the commissioner of
education from future payments to the school district; provided  further
that,  if  the  amount  of  the deduction is greater than the sum of the
amounts available for such deductions in the applicable school year, the
remainder of the deduction shall be withheld from payments scheduled  to
be  made to the school district pursuant to section 3609-a of the educa-
tion law for the subsequent school year.
  S 2. Paragraph e of subdivision 1 of section 211-d  of  the  education
law,  as  amended  by  section  2 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--two  thousand  ten  school year in
conformity with the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of this section unless all schools in the district are
identified as in good standing  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in  the  district
are  identified  as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
graph  a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than  the  product  of  the  amount
approved  by the commissioner in the contract for excellence for the two
thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
district's  gap  elimination  adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as  in  good  standing,  shall  submit  a
contract  for excellence for the two thousand twelve--two thousand thir-
teen school  year  which  shall,  notwithstanding  the  requirements  of
subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
provide for the expenditure of an amount which shall be  not  less  than
the  amount  approved by the commissioner in the contract for excellence
for the  two  thousand  eleven--two  thousand  twelve  school  year  AND
PROVIDED  FURTHER  THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR
EXCELLENCE FOR THE TWO THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL
YEAR,  UNLESS  ALL  SCHOOLS  IN  THE  DISTRICT ARE IDENTIFIED AS IN GOOD

S. 2607                             5                            A. 3007

STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR  THE  TWO  THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING
THE  REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO
OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE
NOT  LESS  THAN  THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT
FOR EXCELLENCE FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR.  For purposes of this paragraph, the "gap  elimination  adjustment
percentage"  shall be calculated as the sum of one minus the quotient of
the sum of the school district's net gap elimination adjustment for  two
thousand  ten--two  thousand  eleven computed pursuant to chapter fifty-
three of the laws of two thousand ten,  making  appropriations  for  the
support  of  government,  plus  the  school  district's  gap elimination
adjustment for two thousand  eleven--two  thousand  twelve  as  computed
pursuant  to  chapter  fifty-three  of  the laws of two thousand eleven,
making appropriations for the support of the  local  assistance  budget,
including support for general support for public schools, divided by the
total aid for adjustment computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the local assist-
ance  budget,  including support for general support for public schools.
Provided, further, that such amount shall be  expended  to  support  and
maintain  allowable programs and activities approved in the two thousand
nine--two thousand ten school year or to support new or expanded  allow-
able programs and activities in the current year.
  S  3. Subdivision 1 of section 753 of the education law, as amended by
section 4 of part A-1 of chapter 58 of the laws of 2011, is  amended  to
read as follows:
  1. In addition to any other apportionment under this chapter, a school
district  shall be eligible for an apportionment under the provisions of
this section for approved expenses for (i)  the  purchase  or  lease  of
micro  and/or  mini  computer  equipment  or terminals for instructional
purposes or (ii) technology equipment, as  defined  in  paragraph  c  of
subdivision  two  of  this  section, used for instructional purposes, or
(iii) for the repair of such equipment and training and  staff  develop-
ment  for  instructional  purposes  as provided hereinafter, or (iv) for
expenses incurred on or after July first, two thousand eleven, any items
of expenditure that  are  eligible  for  an  apportionment  pursuant  to
sections  seven  hundred  one, seven hundred eleven and/or seven hundred
fifty-one of this title, where such items are designated by  the  school
district  as eligible for aid pursuant to this section, provided, howev-
er, that if aided pursuant to this section, such expenses shall  not  be
aidable pursuant to any other section of law. Such aid shall be provided
pursuant  to  a plan developed by the district which demonstrates to the
satisfaction of the commissioner that the instructional  computer  hard-
ware needs of the district's public school students have been adequately
met  and  that the school district has provided for the loan of instruc-
tional computer hardware to students legally attending nonpublic schools
pursuant to section seven hundred  fifty-four  of  this  article.    The
apportionment  shall  equal  the  lesser of such approved expense in the
base year or, the product of (i) the technology factor, (ii) the sum  of
the  public  school district enrollment and the nonpublic school enroll-
ment in the base year as defined in subparagraphs two and three of para-
graph n of subdivision one of section thirty-six  hundred  two  of  this
chapter,  and  (iii)  the  building aid ratio, as defined in subdivision
four of section thirty-six hundred two of this  chapter.    AID  PAYABLE
PURSUANT TO THIS SECTION SHALL BE DEEMED FINAL AND NOT SUBJECT TO CHANGE
AFTER  APRIL THIRTIETH OF THE SCHOOL YEAR FOR WHICH PAYMENT WAS DUE. For

S. 2607                             6                            A. 3007

aid payable in the two thousand seven--two thousand  eight  school  year
and  thereafter,  the technology factor shall be twenty-four dollars and
twenty cents. A school district may use up  to  twenty  percent  of  the
product  of (i) the technology factor, (ii) the sum of the public school
district enrollment and the nonpublic school enrollment in the base year
as defined in subparagraphs two and three of paragraph n of  subdivision
one  of  section  thirty-six  hundred two of this chapter, and (iii) the
building aid ratio for the repair of instructional computer hardware and
technology equipment and training and  staff  development  for  instruc-
tional purposes pursuant to a plan submitted to the commissioner.
  S 4. Subdivision 2 of section 2116-b of the education law, as added by
chapter 263 of the laws of 2005, is amended to read as follows:
  2. School districts of less than eight teachers, school districts with
actual general fund expenditures totaling less than five million dollars
in  the previous school year, or school districts with actual enrollment
of less than [three hundred]  ONE  THOUSAND  students  in  the  previous
school  year  shall be exempt from this requirement. Any school district
claiming such exemption shall annually certify to the commissioner  that
such  school  district meets the requirements set forth in this subdivi-
sion.
  S 5. Paragraph (a) of subdivision 1 of section 2856 of  the  education
law,  as  amended  by  section 21 of part A of chapter 58 of the laws of
2011, is amended to read as follows:
  (a) The enrollment of students  attending  charter  schools  shall  be
included  in  the enrollment, attendance, membership and, if applicable,
count of students with disabilities of the school district in which  the
pupil  resides.  The  charter  school  shall report all such data to the
school districts of residence in a timely manner. Each  school  district
shall  report  such  enrollment,  attendance  and count of students with
disabilities to the department. The school district of  residence  shall
pay  directly  to  the  charter  school for each student enrolled in the
charter school who resides in the school  district  the  charter  school
basic tuition, which shall be:
  (i)  for school years prior to the two thousand nine--two thousand ten
school year and for school years following the [two thousand twelve--two
thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND  FOURTEEN  school
year,  an  amount  equal to one hundred percent of the amount calculated
pursuant to paragraph f of subdivision one of section thirty-six hundred
two of this chapter for the school district for the year  prior  to  the
base year increased by the percentage change in the state total approved
operating  expense calculated pursuant to paragraph t of subdivision one
of section thirty-six hundred two of this chapter from two  years  prior
to the base year to the base year;
  (ii)  for  the  two  thousand  nine--two thousand ten school year, the
charter school basic  tuition  shall  be  the  amount  payable  by  such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii) for the two thousand ten--two thousand eleven through [two thou-
sand  twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN school years, the charter school basic  tuition  shall  be  the
basic  tuition  computed  for  the two thousand ten--two thousand eleven
school year pursuant to the provisions of subparagraph (i) of this para-
graph.
  S 6. Paragraph (a) of subdivision 1 of section 2856 of  the  education
law,  as  amended  by  section 22 of part A of chapter 58 of the laws of
2011, is amended to read as follows:

S. 2607                             7                            A. 3007

  (a) The enrollment of students  attending  charter  schools  shall  be
included  in  the  enrollment,  attendance  and, if applicable, count of
students with disabilities of the school district  in  which  the  pupil
resides.  The  charter  school  shall report all such data to the school
districts  of  residence  in a timely manner. Each school district shall
report such enrollment, attendance and count of students with  disabili-
ties  to  the  department.  The  school  district of residence shall pay
directly to the charter school for each student enrolled in the  charter
school  who  resides  in  the  school  district the charter school basic
tuition which shall be:
  (i) for school years prior to the two thousand nine--two thousand  ten
school year and for school years following the [two thousand twelve--two
thousand  thirteen]  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school
year, an amount equal to one hundred percent of  the  amount  calculated
pursuant to paragraph f of subdivision one of section thirty-six hundred
two  of  this  chapter for the school district for the year prior to the
base year increased by the percentage change in the state total approved
operating expense calculated pursuant to paragraph t of subdivision  one
of  section  thirty-six hundred two of this chapter from two years prior
to the base year to the base year;
  (ii) for the two thousand nine--two  thousand  ten  school  year,  the
charter  school  basic  tuition  shall  be  the  amount  payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii) for the two thousand ten--two thousand eleven through [two thou-
sand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO  THOUSAND
FOURTEEN  school  years,  the  charter school basic tuition shall be the
basic tuition computed for the two  thousand  ten--two  thousand  eleven
school year pursuant to the provisions of subparagraph (i) of this para-
graph.
  S 7. Intentionally omitted.
  S  8.  The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 27 of part A of chapter 58  of  the
laws of 2011, is amended to read as follows:
  For the two thousand eight--two thousand nine school year, each school
district  shall  be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment  computed  pursuant  to
this  subdivision  for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten through  two  thousand
[twelve]  FOURTEEN--two  thousand  [thirteen] FIFTEEN school years, each
school district shall be entitled  to  an  apportionment  equal  to  the
amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
computer  listing  produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten  school  year  and  entitled
"SA0910".
  S 9. Subdivision 9 of section 3602 of the education law, as amended by
section  16  of  part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  9. Aid for conversion to full day kindergarten. School  districts  may
make  available  full day kindergarten programs for all children wishing
to attend such programs[,].  For aid payable in the two thousand  seven-
-two  thousand  eight school year and thereafter, school districts which
provided any half-day  kindergarten  programs  or  had  no  kindergarten
programs  in  the  nineteen hundred ninety-six--ninety-seven school year
and in the base year, AND  WHICH  HAVE  NOT  RECEIVED  AN  APPORTIONMENT

S. 2607                             8                            A. 3007

PURSUANT  TO  THIS PARAGRAPH IN ANY PRIOR SCHOOL YEAR, shall be eligible
for aid equal to the product of the district's selected  foundation  aid
calculated  pursuant  to  subdivision four of this section multiplied by
the positive difference resulting when the full day kindergarten enroll-
ment  of children attending programs in the district in the base year is
subtracted from such enrollment in the current year.
  S 10. Subdivision 12 of section 3602 of the education law, as  amended
by section 35 of part A of chapter 58 of the laws of 2011, is amended to
read as follows:
  12. Academic enhancement aid. A school district that as of April first
of  the base year has been continuously identified as a district in need
of improvement for at least five  years  shall,  for  the  two  thousand
eight--two  thousand  nine  school  year,  be  entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the  total  foundation  aid
base,  as  defined  by  paragraph  j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to  subdivision
four of this section and the supplemental educational improvement grants
apportioned  pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.
  For the two thousand  nine--two  thousand  ten  through  two  thousand
[twelve]  FOURTEEN--two  thousand  [thirteen] FIFTEEN school years, each
school district shall be entitled  to  an  apportionment  equal  to  the
amount set forth for such school district as "EDUCATION GRANTS, ACADEMIC
EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid comput-
er listing produced by the commissioner in support of the budget for the
two  thousand  nine--two thousand ten school year and entitled "SA0910",
and such apportionment shall be deemed to satisfy the  state  obligation
to  provide  an  apportionment  pursuant to subdivision eight of section
thirty-six hundred forty-one of this article.
  S 11. Subdivision 16 of section 3602 of the education law, as  amended
by  section  18 of part B of chapter 57 of the laws of 2008, the opening
paragraph as amended by section 36 of part A of chapter 58 of  the  laws
of  2011,  subparagraph 1 of paragraph a as further amended by section 1
of part W of chapter 56 of the laws of  2010,  is  amended  to  read  as
follows:
  16. High tax aid.  Each school district shall be eligible to receive a
high  tax  aid  apportionment  in the two thousand [eight] THIRTEEN--two
thousand [nine] FOURTEEN school year, which shall equal the  greater  of
(i)  the  sum of the tier 1 high tax aid apportionment[,] AND the tier 2
high tax aid apportionment [and the tier 3 high tax  aid  apportionment]
or  (ii)  the  product  of  the  [apportionment  received  by the school
district pursuant to this subdivision in  the  two  thousand  seven--two
thousand  eight  school year,] AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT
AS "HIGH TAX AID" UNDER THE HEADING  "2012-13  ESTIMATED  AIDS"  IN  THE
SCHOOL  AID  COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
THE BUDGET FOR THE TWO THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL
YEAR  AND ENTITLED "SA121-3" multiplied by the due-minimum factor, which
shall equal, for districts with an alternate pupil wealth ratio computed
pursuant to paragraph b of subdivision three of  this  section  that  is
less  than  [two]  ONE, [seventy] FIFTY percent [(0.70)] (0.50), and for
all other districts, [fifty] THIRTY  percent  [(0.50)]  (0.30).    [Each
school  district  shall be eligible to receive a high tax aid apportion-
ment in the two thousand nine--two thousand  ten  through  two  thousand
twelve--two  thousand  thirteen school years in the amount set forth for

S. 2607                             9                            A. 3007

such school district as "HIGH TAX AID" under the heading  "2008-09  BASE
YEAR  AIDS"  in  the school aid computer listing produced by the commis-
sioner in support of the budget for the two thousand nine--two  thousand
ten school year and entitled "SA0910".]
  IN  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND
THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A HIGH TAX
AID APPORTIONMENT IN THE AMOUNT SET FORTH FOR SUCH  SCHOOL  DISTRICT  AS
"HIGH  TAX AID" UNDER THE HEADING "2013-14 ESTIMATED AIDS" IN THE SCHOOL
AID COMPUTER LISTING PRODUCED BY THE  COMMISSIONER  IN  SUPPORT  OF  THE
EXECUTIVE  BUDGET  REQUEST  SUBMITTED FOR THE TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "BT131-4".
  a. Definitions. (1) "Residential real property tax  levy"  shall  mean
the school tax levy imposed on residential property, including condomin-
ium  properties,  in  the year commencing in the calendar year two years
prior to the calendar year in which  the  base  year  began.  The  final
update  of  such  data shall be reported by the commissioner of taxation
and finance to the commissioner by February fifteenth of the base  year.
The  commissioner  of  taxation  and  finance shall adopt regulations as
appropriate to assure the  appropriate  collection,  classification  and
reporting  of  such  data  for  the  purposes of paying state aid to the
schools.
  (2) "Adjusted gross income" shall mean the adjusted gross income of  a
school district as used in computation of the district's alternate pupil
wealth  ratio  pursuant  to  paragraph  b  of  subdivision three of this
section, provided, however, that for the computation  of  apportionments
pursuant  to  this  subdivision,  the adjusted gross income of a central
high school district shall not equal  the  sum  of  the  adjusted  gross
income of each of its component school districts.
  (3) "Tax effort ratio" shall mean the quotient of the district's resi-
dential  real property tax levy divided by the district's adjusted gross
income computed to five decimals without rounding.
  (4) "Tier 1 eligible school district" shall mean any  school  district
in  which (i) the income wealth index, as computed pursuant to paragraph
d of subdivision three of this section, is less than [two and  one-half]
NINE HUNDRED AND FIFTY-FIVE THOUSANDTHS (.955), and (ii) the expense per
pupil,  as  computed  pursuant to paragraph f of subdivision one of this
section, is greater than NINETY-FIVE AND FIVE-TENTHS PERCENT  (.955)  OF
the statewide average expense per pupil as computed pursuant to subdivi-
sion  five  of  this  section, and (iii) the tax effort ratio is greater
than [three and two-tenths percent (0.032)] FOUR AND FIVE-TENTHS PERCENT
(.045).  For the [two thousand eight--two thousand  nine]  TWO  THOUSAND
THIRTEEN--TWO  THOUSAND FOURTEEN school year, for the purpose of comput-
ing aid pursuant to this subdivision, the statewide average expense  per
pupil  shall be [ten thousand six hundred fifty dollars] TWELVE THOUSAND
FIVE HUNDRED DOLLARS.
  (5) "Tier 2 eligible school district" shall mean any  school  district
in  which  the  tax  effort  ratio  is greater than five AND FIVE-TENTHS
percent (.055).
  [(6) "Tier 3 eligible school district" shall mean any school  district
in  which  (i)  the  quotient  of (a) the actual valuation of the school
district divided by its total wealth pupil units  computed  pursuant  to
subparagraph  one  of  paragraph a of subdivision three of this section,
divided by (b) the adjusted gross income of a school district divided by
its total wealth pupil units computed pursuant to  subparagraph  one  of
paragraph  b  of subdivision three of this section, is greater than four
and sixty-two hundredths (4.62), (ii) the combined wealth ratio computed

S. 2607                            10                            A. 3007

pursuant to subparagraph one of paragraph c of subdivision three of this
section is less than six, and (iii) the regional cost  index  determined
pursuant  to subparagraph two of paragraph a of subdivision four of this
section is greater than one and three-tenths (1.3).]
  b.  Tier  1 high tax aid apportionment. For any tier 1 eligible school
district, the tier 1 high tax aid apportionment shall be [the greater of
(1)] the product  of  the  public  school  district  enrollment  of  the
district  in  the base year, as computed pursuant to subparagraph two of
paragraph n of subdivision one of this section, multiplied by the  prod-
uct of four hundred [fifty] SEVENTY-FIVE dollars multiplied by the state
sharing  ratio[,  or (2) one hundred thousand dollars] COMPUTED PURSUANT
TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION.
  c. Tier 2 high tax aid apportionment. For any tier 2  eligible  school
district,  the tier 2 high tax aid apportionment shall be the product of
(i) the public school district enrollment of the district  in  the  base
year,  as computed pursuant to subparagraph two of paragraph n of subdi-
vision one of this section, multiplied by (ii) one hundred  [eighty-one]
NINETY-FIVE  thousandths [(0.181)] (0.195) multiplied by (iii) the posi-
tive difference, if any, of the expense per pupil, as computed  pursuant
to  paragraph  f  of subdivision one of this section, less [ten thousand
six hundred sixty] THIRTEEN THOUSAND ONE  HUNDRED  TWENTY-FIVE  dollars,
multiplied  by  (iv)  an  aid ratio computed by subtracting from one AND
THIRTY-SEVEN HUNDREDTHS (1.37) the product obtained by  multiplying  the
alternate  pupil  wealth  ratio computed pursuant to subparagraph one of
paragraph b of subdivision three of this section by [sixty percent]  ONE
AND  TWENTY-THREE  HUNDREDTHS  (1.23),  provided, however, that such aid
ratio shall not be less than zero nor greater than  one,  multiplied  by
(v)  the  regional  cost  index COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF
PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION.
  [d. Tier 3 high tax aid apportionment. For any tier 3 eligible  school
district,  the tier 3 high tax aid apportionment shall be the product of
(i) the public school district enrollment of the district  in  the  base
year,  as computed pursuant to subparagraph two of paragraph n of subdi-
vision one of this section, multiplied by (ii) fifty-two dollars, multi-
plied by (iii) the regional cost index.]
  S 12. Paragraph (e) of subdivision 17 of section 3602 of the education
law, as added by section 6 of part A of chapter 57 of the laws of  2012,
is amended and a new paragraph f is added to read as follows:
  [(e)] E. The gap elimination adjustment restoration amount for the two
thousand  thirteen--two  thousand  fourteen  school  year and thereafter
[shall equal the product of the  gap  elimination  percentage  for  such
district  and  the  gap  elimination  adjustment  restoration allocation
established pursuant to subdivision eighteen of this section]  SHALL  BE
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST SUBMITTED FOR THE  2013-14  STATE  FISCAL  YEAR  AND
ENTITLED "BT131-4" AND SHALL EQUAL THE SUM OF (I) THE GREATER OF:
  (A)  THE  PRODUCT  OF (1) THE PRODUCT OF THE EXTRAORDINARY NEEDS INDEX
MULTIPLIED BY TWO HUNDRED TEN DOLLARS AND TWENTY CENTS COMPUTED  TO  TWO
DECIMAL  PLACES  WITHOUT  ROUNDING,  MULTIPLIED BY (2) THE STATE SHARING
RATIO COMPUTED PURSUANT TO PARAGRAPH G  OF  SUBDIVISION  THREE  OF  THIS
SECTION  MULTIPLIED BY (3) THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE
BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO  OF  PARAGRAPH  N  OF
SUBDIVISION  ONE  OF  THIS  SECTION, WHERE THE EXTRAORDINARY NEEDS INDEX
SHALL BE THE  QUOTIENT  OF  THE  EXTRAORDINARY  NEEDS  PERCENT  FOR  THE

S. 2607                            11                            A. 3007

DISTRICT  COMPUTED  PURSUANT  TO  PARAGRAPH W OF SUBDIVISION ONE OF THIS
SECTION DIVIDED BY FIVE HUNDRED THIRTY-FOUR ONE-THOUSANDTHS (.534); OR
  (B)  THE  PRODUCT OF FORTY PERCENT (0.40) MULTIPLIED BY THE GAP ELIMI-
NATION ADJUSTMENT RESTORATION FOR THE TWO THOUSAND TWELVE--TWO  THOUSAND
THIRTEEN  SCHOOL  YEAR COMPUTED PURSUANT TO PARAGRAPH D OF THIS SUBDIVI-
SION AND (II) THE PRODUCT OF (1) THE POSITIVE DIFFERENCE, IF ANY, OF ONE
AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MINUS THE PRODUCT OF THE COMBINED
WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE  OF  PARAGRAPH  C  OF
SUBDIVISION  THREE  OF  THIS  SECTION MULTIPLIED BY ONE AND TWENTY-THREE
HUNDREDTHS (1.23), MULTIPLIED BY (2) THE PUBLIC SCHOOL DISTRICT  ENROLL-
MENT FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARA-
GRAPH  N  OF  SUBDIVISION  ONE  OF THIS SECTION, MULTIPLIED BY (3) FIFTY
DOLLARS; BUT SHALL BE NO GREATER  THAN  THE  PRODUCT  OF  FORTY-ONE  AND
FIVE-TENTHS  PERCENT  (0.415) AND THE GAP ELIMINATION ADJUSTMENT FOR THE
TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR FOR THE DISTRICT.
  F. THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOU-
SAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL  YEAR  AND  THEREAFTER  SHALL
EQUAL  THE  PRODUCT  OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT
AND THE GAP ELIMINATION ADJUSTMENT  RESTORATION  ALLOCATION  ESTABLISHED
PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
  S  13.  Paragraph  a of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended  to  read
as follows:
  a. State aid adjustments. All errors or omissions in the apportionment
shall  be  corrected by the commissioner. Whenever a school district has
been apportioned less money than that  to  which  it  is  entitled,  the
commissioner may allot to such district the balance to which it is enti-
tled.  Whenever  a  school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order,  direct
such  moneys  to be paid back to the state to be credited to the general
fund local assistance account for state  aid  to  the  schools,  or  may
deduct  such  amount  from  the  next  apportionment  to be made to said
district, provided, however, that, upon notification of excess  payments
of  aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that  such  excess
payments  be  recovered  by  deducting  such  excess  payments  from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that  there  shall  be  no
interest  penalty  assessed  against  such  district or collected by the
state. Such request shall be made to the commissioner in  such  form  as
the  commissioner  shall  prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund  expenditures  for  the  preceding  school
year.  The  amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is  recognized
as  a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's  unreserved
fund  balance at the close of the preceding school year less the product
of the district's total general  fund  expenditures  for  the  preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments.  The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to  be  recovered
or  one-third  of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year.  Provided  further
that,  notwithstanding  any  other  provisions  of this subdivision, any

S. 2607                            12                            A. 3007

pending payment of moneys due to such district as a prior  year  adjust-
ment  payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess  of
the  amount  to which the district is entitled and for which recovery of
excess payments is to be made  pursuant  to  this  paragraph,  shall  be
reduced  at  the  time  of  actual  payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled  deductions
of  such  excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered.  [The  commissioner
shall certify no payment to a school district based on a claim submitted
later  than three years after the close of the school year in which such
payment was first to be made.  For claims for which payment is first  to
be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based  on
a  claim  submitted  later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND  FOURTEEN-
-TWO  THOUSAND  FIFTEEN  school  year [and thereafter], the commissioner
shall certify no payment to a school district based on a claim submitted
later than one year after the close of such school year. FOR CLAIMS  FOR
WHICH  PAYMENT  IS  FIRST  TO  BE MADE IN THE TWO THOUSAND FOURTEEN--TWO
THOUSAND FIFTEEN SCHOOL YEAR  AND  THEREAFTER,  THE  COMMISSIONER  SHALL
CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER
THAN  THE  FIRST  OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no
payments shall be barred or reduced where such payment is required as  a
result  of  a  final  audit  of the state. [It is further provided that,
until June thirtieth, nineteen hundred ninety-six, the commissioner  may
grant  a  waiver  from  the  provisions  of  this section for any school
district if it is in the best  educational  interests  of  the  district
pursuant to guidelines developed by the commissioner and approved by the
director  of  the  budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN  HUNDRED  ELEVEN,
SEVEN  HUNDRED  FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, THIRTY-SIX HUNDRED
TWO, THIRTY-SIX HUNDRED  TWO-B,  THIRTY-SIX  HUNDRED  TWO-C,  THIRTY-SIX
HUNDRED TWO-E, THIRTY-SIX HUNDRED TWELVE, AND FORTY-FOUR HUNDRED FIVE OF
THIS  CHAPTER  FOR  THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND
PRIOR SCHOOL YEARS, THE COMMISSIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A
SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE  TWO
THOUSAND  THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED
"BT131-4", AND FURTHER PROVIDED THAT  FOR  ANY  APPORTIONMENTS  PROVIDED
PURSUANT  TO  SECTIONS  SEVEN  HUNDRED  ONE, SEVEN HUNDRED ELEVEN, SEVEN
HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE,  THIRTY-SIX  HUNDRED  TWO,
THIRTY-SIX  HUNDRED  TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED
TWO-E, THIRTY-SIX HUNDRED TWELVE, AND FORTY-FOUR HUNDRED  FIVE  OF  THIS
CHAPTER  FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR
AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT  TO  A  SCHOOL
DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN,
THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART,  IN
EXCESS  OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO
PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER  IN
SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL
YEAR IN WHICH THE SCHOOL YEAR COMMENCES.

S. 2607                            13                            A. 3007

  S 14. The opening paragraph of section 3609-a of the education law, as
amended by section 9 of part A of chapter 57 of the  laws  of  2012,  is
amended to read as follows:
  For  aid  payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH  THE  TWO  THOUSAND  TWELVE--TWO  THOUSAND
THIRTEEN  SCHOOL YEAR, "moneys apportioned" shall mean the lesser of (i)
the sum of one hundred percent of the respective amount  set  forth  for
each  school  district as payable pursuant to this section in the school
aid computer listing for the current year produced by  the  commissioner
in support of the budget which includes the appropriation for the gener-
al  support  for public schools for the prescribed payments and individ-
ualized payments due prior to April first for the current year plus  the
apportionment  payable during the current school year pursuant to subdi-
vision six-a and subdivision fifteen of section thirty-six  hundred  two
of  this  part  minus  any  reductions  to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any
deduction from  apportionment  payable  pursuant  to  this  chapter  for
collection  of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
vision  four  of section ninety-two-c of the state finance law, less any
grants provided pursuant to subdivision  twelve  of  section  thirty-six
hundred  forty-one of this article, or (ii) the apportionment calculated
by the commissioner based on data on file at the  time  the  payment  is
processed;  provided however, that for the purposes of any payments made
pursuant to this section prior to the first business day of June of  the
current  year,  moneys  apportioned  shall  not include any aids payable
pursuant to subdivisions six and fourteen,  if  applicable,  of  section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or  any  aids  payable  for  full-day  kindergarten for the current year
pursuant to subdivision nine of section thirty-six hundred two  of  this
part.  The definitions of "base year" and "current year" as set forth in
subdivision one of section thirty-six hundred two  of  this  part  shall
apply  to  this section. For aid payable in the two thousand twelve--two
thousand thirteen school year, reference to such  "school  aid  computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA121-3".  FOR AID PAYABLE IN THE TWO THOUSAND  THIRTEEN--TWO  THOUSAND
FOURTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE
LESSER  OF:  (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT
SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO  THIS  SECTION
IN  THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST  WHICH  INCLUDES
THE  APPROPRIATION  FOR  THE  GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE
PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST
FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING  THE  CURRENT
SCHOOL  YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS PART MINUS ANY  REDUCTIONS  TO  CURRENT  YEAR
AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF
THIS  PART  OR  ANY DEDUCTION FROM THE APPORTIONMENT PAYABLE PURSUANT TO
THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC  CONTRIBUTION  AS
DEFINED  IN  SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS
CHAPTER, LESS ANY GRANTS PROVIDED  PURSUANT  TO  SUBPARAGRAPH  TWO-A  OF
PARAGRAPH  B  OF  SUBDIVISION  FOUR OF SECTION NINETY-TWO-C OF THE STATE
FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE  OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPOR-

S. 2607                            14                            A. 3007

TIONMENT  CALCULATED  BY  THE  COMMISSIONER BASED ON DATA ON FILE AT THE
TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR  THE  PURPOSES
OF  ANY  PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSI-
NESS  DAY  OF  JUNE  OF  THE  CURRENT YEAR, MONEYS APPORTIONED SHALL NOT
INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND  FOURTEEN,  IF
APPLICABLE,  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT
YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS  FIRST
ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN
FOR  THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART. THE DEFINITIONS OF "BASE  YEAR"  AND  "CURRENT
YEAR"  AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO
OF THIS PART SHALL APPLY TO THIS SECTION.
  S 15. Paragraph b of subdivision 2 of section 3612  of  the  education
law,  as  amended  by  section 10 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any  shortage  of  teachers  in  the
school  district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity  and
geographic  sparsity  of  the  district,  the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section  shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing  any  other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any  recruitment,  retention  and  certification
costs  associated  with transitional certification of teacher candidates
for the school years two thousand one--two  thousand  two  through  [two
thousand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOU-
SAND FOURTEEN.
  S  16.  Section  3641  of the education law is amended by adding a new
subdivision 6-a to read as follows:
  6-A. COMMUNITY SCHOOL GRANTS.  A. WITHIN THE AMOUNT  APPROPRIATED  FOR
SUCH  PURPOSE, SUBJECT TO A PLAN DEVELOPED BY THE STATE COUNCIL ON CHIL-
DREN AND FAMILIES AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE  STATE
COUNCIL ON CHILDREN AND FAMILIES SHALL AWARD COMPETITIVE GRANTS PURSUANT
TO THIS SUBDIVISION TO ELIGIBLE SCHOOL DISTRICTS TO IMPLEMENT, BEGINNING
IN  THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, A PLAN
THAT TARGETS SCHOOL BUILDINGS AS COMMUNITY HUBS TO DELIVER CO-LOCATED OR
SCHOOL-LINKED ACADEMIC,  HEALTH,  NUTRITION,  COUNSELING,  LEGAL  AND/OR
OTHER SERVICES TO STUDENTS AND THEIR FAMILIES IN A MANNER THAT WILL LEAD
TO IMPROVED EDUCATIONAL AND OTHER OUTCOMES.
  (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
  (II)  THE  SCORING  RUBRIC  BY WHICH SUCH PROPOSALS WILL BE EVALUATED,
PROVIDED THAT SUCH GRANTS SHALL BE AWARDED BASED ON  FACTORS  INCLUDING,
BUT  NOT  LIMITED  TO: MEASURES OF SCHOOL DISTRICT NEED; MEASURES OF THE
NEED OF STUDENTS TO BE SERVED BY  EACH  OF  THE  SCHOOL  DISTRICTS;  THE
SCHOOL  DISTRICT'S  PROPOSAL  TO  TARGET  THE  HIGHEST  NEED SCHOOLS AND
STUDENTS; THE SUSTAINABILITY OF THE PROPOSED COMMUNITY SCHOOLS  PROGRAM;
AND PROPOSAL QUALITY;
  (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;

S. 2607                            15                            A. 3007

  (IV)  THE  MANNER BY WHICH CALCULATION OF THE AMOUNT OF THE AWARD WILL
BE DETERMINED;
  (V) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND
  (VI)  THE  PERFORMANCE  BENCHMARKS  THAT  WILL  TRIGGER PAYMENT OF SET
PERCENTAGES OF THE TOTAL AWARD.
  (2) IN ASSESSING PROPOSAL QUALITY, THE COUNCIL SHALL TAKE INTO ACCOUNT
FACTORS INCLUDING, BUT NOT LIMITED TO:
  (I) THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL  WOULD  PROVIDE
SUCH  COMMUNITY SERVICES THROUGH PARTNERSHIPS WITH LOCAL GOVERNMENTS AND
NON-PROFIT ORGANIZATIONS;
  (II) THE EXTENT TO WHICH THE PROPOSAL WOULD PROVIDE  FOR  DELIVERY  OF
SUCH SERVICES DIRECTLY IN SCHOOL BUILDINGS;
  (III)  THE  EXTENT TO WHICH THE PROPOSAL ARTICULATES HOW SUCH SERVICES
WOULD FACILITATE MEASURABLE IMPROVEMENT IN STUDENT AND FAMILY  OUTCOMES;
AND
  (IV)  THE  EXTENT TO WHICH THE PROPOSAL ARTICULATES AND IDENTIFIES HOW
EXISTING FUNDING STREAMS AND PROGRAMS WOULD  BE  USED  TO  PROVIDE  SUCH
COMMUNITY SERVICES.
  B.  A  RESPONSE  TO  A  REQUEST  FOR PROPOSALS ISSUED PURSUANT TO THIS
SUBDIVISION MAY BE SUBMITTED BY A SINGLE SCHOOL DISTRICT OR JOINTLY BY A
CONSORTIUM OF TWO OR MORE SCHOOL DISTRICTS.
  C. THE AMOUNT OF THE GRANT AWARD SHALL  BE  DETERMINED  BY  THE  STATE
COUNCIL  ON  CHILDREN  AND  FAMILIES, CONSISTENT WITH THE PLAN DEVELOPED
PURSUANT TO PARAGRAPH A OF  THIS  SUBDIVISION,  EXCEPT  THAT  NO  SINGLE
DISTRICT  MAY  BE AWARDED MORE THAN FORTY PERCENT OF THE TOTAL AMOUNT OF
GRANT AWARDS MADE PURSUANT TO THIS  SUBDIVISION;  AND  PROVIDED  FURTHER
THAT  THE MAXIMUM AWARD TO ANY INDIVIDUAL COMMUNITY SCHOOL SITE SHALL BE
FIVE HUNDRED THOUSAND DOLLARS; AND  PROVIDED  FURTHER  THAT  THE  AMOUNT
AWARDED  WILL  BE PAID OUT IN SET PERCENTAGES OVER TIME UPON ACHIEVEMENT
OF THE PERFORMANCE BENCHMARKS DESCRIBED IN THE PLAN SET  FORTH  PURSUANT
TO  PARAGRAPH  A  OF THIS SUBDIVISION; AND PROVIDED FURTHER THAT NONE OF
THE GRANTS AWARDED PURSUANT TO THIS SUBDIVISION MAY BE USED TO  SUPPLANT
EXISTING FUNDING.
  D.  NOTWITHSTANDING  ANY  STATE LAW OR REGULATION TO THE CONTRARY, ANY
EXECUTIVE AGENCY HEAD THAT IS A MEMBER OF THE STATE COUNCIL ON  CHILDREN
AND FAMILY SERVICES IS DIRECTED, TO THE EXTENT ALLOWED UNDER FEDERAL LAW
AND  REGULATION,  TO  PRIORITIZE  APPLICATIONS  THAT  CO-LOCATE  OR LINK
PROGRAMMING RELEVANT TO THE PROVISION OF SERVICES  IDENTIFIED  IN  PARA-
GRAPH A OF THIS SUBDIVISION.
  S  17.  Section  3641  of the education law is amended by adding a new
subdivision 6-b to read as follows:
  6-B. EXTENDED LEARNING GRANTS.  A. WITHIN THE AMOUNT APPROPRIATED  FOR
SUCH  PURPOSE,  SUBJECT  TO  A  PLAN THAT IS DEVELOPED BY A THREE-PERSON
PANEL COMPRISED OF THE COMMISSIONER, AN AGENCY  HEAD  APPOINTED  BY  THE
GOVERNOR,  AND  AN  EXPERT  IN  EXTENDED  LEARNING TIME APPOINTED BY THE
GOVERNOR, AND THAT IS APPROVED  BY  THE  DIRECTOR  OF  THE  BUDGET,  THE
COMMISSIONER  SHALL AWARD COMPETITIVE PLANNING AND IMPLEMENTATION GRANTS
PURSUANT TO THIS SUBDIVISION  TO  ELIGIBLE  SCHOOL  DISTRICTS  THAT  PUT
FORWARD  A PROPOSAL TO IMPROVE STUDENT OUTCOMES BY ADDING AT LEAST TWEN-
TY-FIVE PERCENT MORE TIME TO THE  ACADEMIC  CALENDAR  BY  EXTENDING  THE
SCHOOL   DAY,   SCHOOL   YEAR,   OR  SOME  COMBINATION  THEREOF,  EITHER
DISTRICT-WIDE OR IN SELECTED SCHOOL BUILDINGS.
  (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
  (II) THE SCORING RUBRIC BY WHICH SUCH  PROPOSALS  WILL  BE  EVALUATED,
PROVIDED  THAT  PRIORITY  SHALL  BE  GIVEN  TO APPLICANTS BASED UPON THE

S. 2607                            16                            A. 3007

SCHOOL DISTRICT'S PROPOSAL TO TARGET THE SCHOOLS AND STUDENTS  WITH  THE
GREATEST NEED AND UPON PROPOSAL QUALITY;
  (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;
  (IV) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND
  (V)  A  REQUIREMENT  THAT  SCHOOL  DISTRICTS AWARDED GRANTS UNDER THIS
SUBDIVISION SUBMIT TO AN ANNUAL EVALUATION OF PERFORMANCE AND IMPACT  AS
REQUIRED BY THE COMMISSIONER.
  (2)  IN  ASSESSING  PROPOSAL  QUALITY IN ORDER TO AWARD IMPLEMENTATION
GRANT FUNDING, THE COMMISSIONER SHALL TAKE INTO ACCOUNT FACTORS  INCLUD-
ING, BUT NOT LIMITED TO:
  (I)  THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL WOULD MAXIMIZE
THE USE OF THE ADDITIONAL LEARNING TIME THROUGH A COMPREHENSIVE RESTRUC-
TURING OF THE SCHOOL DAY AND/OR YEAR; AND
  (II) HOW THE ADDITIONAL LEARNING TIME WOULD BE UTILIZED, INCLUDING BUT
NOT LIMITED TO ADDITIONAL TIME SPENT ON CORE ACADEMICS.
  B. A SCHOOL DISTRICT'S SCHOOL-WIDE  EXTENDED  LEARNING  IMPLEMENTATION
GRANT  AWARD SHALL EQUAL ITS AVERAGE DAILY ATTENDANCE IN THE SCHOOL-WIDE
EXTENDED LEARNING PROGRAM MULTIPLIED BY THE EXPECTED COST PER  PUPIL  OF
THE  ADDITIONAL  LEARNING  TIME.  FOR  PURPOSES OF THIS SUBDIVISION, THE
EXPECTED COST PER PUPIL OF THE ADDITIONAL LEARNING TIME SHALL EQUAL  THE
GREATER OF FIFTEEN HUNDRED DOLLARS OR (1) THE QUOTIENT OF (I) THE SCHOOL
DISTRICT'S  APPROVED OPERATING EXPENSE PURSUANT TO PARAGRAPH T OF SUBDI-
VISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  ARTICLE  FOR  THE
YEAR PRIOR TO THE BASE YEAR DIVIDED BY (II) THE DISTRICT'S PUBLIC SCHOOL
DISTRICT  ENROLLMENT PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUCH
SUBDIVISION FOR THE YEAR PRIOR TO THE BASE YEAR MULTIPLIED  BY  (2)  TEN
PERCENT (0.10), MULTIPLIED BY (3) THE QUOTIENT OF (I) THE AVERAGE OF THE
NATIONAL  CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPART-
MENT OF LABOR FOR THE TWELVE MONTH PERIOD PRECEDING JANUARY FIRST OF THE
BASE YEAR, DIVIDED BY (II) THE AVERAGE OF THE  NATIONAL  CONSUMER  PRICE
INDEXES  DETERMINED  BY  THE  UNITED  STATES DEPARTMENT OF LABOR FOR THE
TWELVE MONTH PERIOD PRECEDING JANUARY FIRST OF THE YEAR TWO YEARS  PRIOR
TO THE BASE YEAR.
  C.  IN  EXTRAORDINARY  CASES,  THE COMMISSIONER MAY AWARD A GRANT THAT
EXCEEDS THE PER PUPIL LIMIT CALCULATED PURSUANT TO PARAGRAPH B  OF  THIS
SUBDIVISION.
  D.  NO  DISTRICT  SHALL  RECEIVE A GRANT IN EXCESS OF THE TOTAL ACTUAL
GRANT EXPENDITURES INCURRED BY THE  DISTRICT  IN  THE  CURRENT  YEAR  AS
APPROVED BY THE COMMISSIONER.
  E.  NO  SINGLE  DISTRICT MAY BE AWARDED MORE THAN FORTY PERCENT OF THE
TOTAL AMOUNT OF GRANT AWARDS MADE PURSUANT TO THIS SUBDIVISION.
  S 18. Paragraph b of subdivision 2 of section 4204  of  the  education
law,  as  amended by section 12-a of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  b. For the two thousand thirteen--two thousand  fourteen  school  year
and  thereafter,  the  costs  of tuition as defined in section forty-two
hundred eleven of  this  article,  INCLUDING  TUITION,  MAINTENANCE  AND
TRANSPORTATION  FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY AND
AUGUST, shall be a charge upon the current school district of  residence
of  any  such  child  subject  to  this article and the directors of the
institution shall bill such school district for such tuition costs on  a
quarterly  basis.  The  first  such  quarterly  payment  may be based on
projected  enrollment,  provided  that  subsequent  payments  shall   be
adjusted  to  reflect  actual  enrollment. The amount of tuition paid by
such school district shall be eligible for reimbursement by the state to
the extent provided in section forty-two hundred four-b of this article.

S. 2607                            17                            A. 3007

  S 19. Subdivision 4 of section 4204-b of the education law, as amended
by section 12-b of part A of chapter 57 of the laws of 2012, is  amended
to read as follows:
  4.  [The]  FOR  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR AND PRIOR SCHOOL  YEARS,  THE  state  shall  reimburse  the  school
district of which any such child is resident at the time of admission or
readmission  to  any  of  the  institutions  subject to this article for
tuition paid to the institution FOR THE TEN-MONTH SCHOOL  CALENDAR  FROM
SEPTEMBER  FIRST  THROUGH JUNE THIRTIETH in an amount equal to the posi-
tive difference between the  amount  of  such  tuition  and  the  school
district  basic  contribution.    IN  ACCORDANCE  WITH THE PROVISIONS OF
SECTION FORTY-FOUR HUNDRED EIGHT OF THIS TITLE,  FOR  THE  TWO  THOUSAND
THIRTEEN--TWO  THOUSAND  FOURTEEN  SCHOOL YEAR AND THEREAFTER, THE STATE
SHALL ALSO REIMBURSE THE CURRENT SCHOOL DISTRICT  OF  RESIDENCE  OF  ANY
CHILD  IN  ANY  OF THE INSTITUTIONS SUBJECT TO THIS ARTICLE FOR APPROVED
TUITION, MAINTENANCE AND TRANSPORTATION  PAID  TO  THE  INSTITUTION  FOR
ENROLLMENT  IN  SUMMER  SCHOOL  SPECIAL  EDUCATION  PROGRAMS IN JULY AND
AUGUST, IN AN AMOUNT EQUAL TO EIGHTY PERCENT  OF  THE  APPROVED  TUITION
RATE  PURSUANT  TO  SECTION FORTY-FOUR HUNDRED EIGHT OF THIS TITLE. Such
state reimbursement to the school district shall not be  paid  prior  to
April  first  of the school year in which such tuition costs are paid by
the school district. The tuition incurred through December  thirty-first
of  such  school year, INCLUDING TUITION, MAINTENANCE AND TRANSPORTATION
FOR SUMMER SCHOOL PROGRAMS  IN  JULY  AND  AUGUST  PURSUANT  TO  SECTION
FORTY-FOUR  HUNDRED  EIGHT OF THIS TITLE, shall be payable prior to June
thirtieth of such school year, provided that a claim is submitted on  or
before June first.
  S  20.  Paragraph  b of subdivision 2 of section 4207 of the education
law, as amended by section 12-c of part A of chapter 57 of the  laws  of
2012, is amended to read as follows:
  b.  For  the  two thousand thirteen--two thousand fourteen school year
and thereafter, the costs of tuition as  defined  in  section  forty-two
hundred  eleven  of  this  article,  INCLUDING  TUITION, MAINTENANCE AND
TRANSPORTATION FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY  AND
AUGUST,  shall be a charge upon the current school district of residence
of any such child subject to this  article  and  the  directors  of  the
institution  shall bill such school district for such tuition costs on a
quarterly basis. The first  such  quarterly  payment  may  be  based  on
projected   enrollment,  provided  that  subsequent  payments  shall  be
adjusted to reflect actual enrollment. The amount  of  tuition  paid  by
such  school district, INCLUDING TUITION, MAINTENANCE AND TRANSPORTATION
FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY AND  AUGUST,  shall
be  eligible  for  reimbursement  by the state to the extent provided in
section forty-two hundred four-b of this article.
  S 21. Subdivision 6 of section 4402 of the education law,  as  amended
by section 12 of part A of chapter 57 of the laws of 2012, is amended to
read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-

S. 2607                            18                            A. 3007

tion shall, during the school years nineteen hundred  ninety-five--nine-
ty-six  through  June thirtieth, two thousand [thirteen] FOURTEEN of the
[two thousand twelve--two thousand thirteen] TWO THOUSAND  THIRTEEN--TWO
THOUSAND  FOURTEEN school year, be authorized to increase class sizes in
special classes containing students with disabilities whose  age  ranges
are  equivalent  to those of students in middle and secondary schools as
defined by the commissioner for purposes of this section by  up  to  but
not to exceed one and two tenths times the applicable maximum class size
specified  in  regulations of the commissioner rounded up to the nearest
whole number, provided that in a city school  district  having  a  popu-
lation of one million or more, classes that have a maximum class size of
fifteen  may  be increased by no more than one student and provided that
the projected average class size shall not exceed the maximum  specified
in  the  applicable  regulation,  provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization  shall  be
granted  upon  filing  of a notice by such a board of education with the
commissioner stating the board's intention to increase such class  sizes
and  a  certification  that the board will conduct a study of attendance
problems at the secondary level and will implement a  corrective  action
plan  to  increase the rate of attendance of students in such classes to
at least the rate for students attending regular  education  classes  in
secondary  schools of the district. Such corrective action plan shall be
submitted for approval by the commissioner by a date during  the  school
year  in  which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the  commissioner.  Upon  at  least
thirty  days  notice  to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to  termi-
nate  such  authorization  upon  a  finding that the board has failed to
develop or implement an approved corrective action plan.
  S 22. The education law is amended by adding a new section  4403-a  to
read as follows:
  S  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED  THEREUNDER,  FOR  A  SPECIFIC
SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
  2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
BY  THE  WAIVER  IF GRANTED.   SUCH NOTICE SHALL BE IN A FORM AND MANNER
THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL  RELATIONSHIP
WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,
AND  SHALL  INCLUDE  INFORMATION  ON  THE FORM, MANNER AND DATE BY WHICH
PARENTS MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIVER.  THE  LOCAL
SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCA-
TIONAL  SERVICES  SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND
PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS,  AND  SHALL
INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT
TO  SUBDIVISION  ONE  OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM
SUCH PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.

S. 2607                            19                            A. 3007

  3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
SECTION  FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE, UPON A FINDING THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
SPECIAL EDUCATION PROGRAM THAT IS  CONSISTENT  WITH  APPLICABLE  FEDERAL
REQUIREMENTS,  AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING  SUCH  DETERMI-
NATION,  THE  COMMISSIONER  SHALL  CONSIDER ANY COMMENTS RECEIVED BY THE
LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
  4.  ANY  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR  FOR
WHICH A WAIVER IS GRANTED.
  S  23.  Paragraph a of subdivision 10 of section 4410 of the education
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  FOR
THE  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND THERE-
AFTER, THE CITY OF NEW YORK  SHALL  BE  AUTHORIZED  TO  ESTABLISH  LOCAL
TUITION  RATES FOR APPROVED SERVICES OR PROGRAMS LOCATED WITHIN THE CITY
OF NEW YORK THROUGH A  COMPETITIVE  REQUEST  FOR  PROPOSALS  PROCESS  OR
OTHERWISE,  PROVIDED  THAT SUCH LOCAL TUITION RATES SHALL NOT EXCEED THE
TUITION RATES DETERMINED BY THE COMMISSIONER AND APPROVED BY THE  DIREC-
TOR  OF  THE  BUDGET PURSUANT TO SUBPARAGRAPHS (I) THROUGH (III) OF THIS
PARAGRAPH AND SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. THE LOCAL
TUITION RATES SO ESTABLISHED SHALL BE USED IN THE CONTRACTS WITH PROVID-
ERS PROVIDING SERVICES OR PROGRAMS WITHIN THE CITY OF NEW YORK  PURSUANT
TO  THIS  SECTION  FOR  THE PROVISION OF PROGRAMS AND SERVICES FOR WHICH
SUCH RATES WERE ESTABLISHED. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SECTION TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE  RESPONSIBLE  FOR
ARRANGING  FOR AND SELECTING THE APPROVED PROGRAM AND/OR RELATED SERVICE
PROVIDER THROUGH THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS OR  OTHER-
WISE TO DELIVER THE PROGRAMS OR SERVICES CONSISTENT WITH THE INDIVIDUAL-
IZED  EDUCATION PROGRAM OF THE PRESCHOOL CHILD.  PROVIDED, HOWEVER, THAT
THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA-
GRAPH SHALL NOT  APPLY  TO  PRESCHOOL  CHILDREN  WITH  DISABILITIES  WHO
RECEIVED  PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO THOU-
SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR.   THE CITY OF  NEW  YORK
SHALL  BE  REQUIRED  TO PROVIDE DATA RELATING TO THE LOCALLY ESTABLISHED
TUITION RATES TO THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE
COMMISSIONER.
  S 24. Subparagraph (ii) of paragraph c of subdivision  11  of  section
4410  of  the  education  law,  as amended by chapter 205 of the laws of
2009, is amended to read as follows:
  (ii) Payments made pursuant to this section by a  municipality  shall,
upon  conclusion  of  the  July  first to June thirtieth school year for
which such payment was made, be subject  to  audit  against  the  actual
difference  between  such audited expenditures and revenues. The munici-
pality shall submit the results of any such audit  to  the  commissioner
and the commissioner of social services, if appropriate, for review and,
if  warranted,  adjustment of the tuition and/or maintenance rates.  The
municipality is authorized to recover overpayments made to a provider of

S. 2607                            20                            A. 3007

special services or programs pursuant to this section as  determined  by
the  commissioner or the commissioner of health based upon their adjust-
ment of a tuition and/or maintenance rate, PROVIDED THAT FOR PURPOSES OF
MAKING SUCH ADJUSTMENT AND RECOVERY, THE MUNICIPALITY SHALL BE DEEMED TO
HAVE  PAID  SEVENTY-FIVE PERCENT OF THE DISALLOWED COSTS.  Such recovery
may be accomplished by withholding such amount from any moneys  due  the
provider in the current year, or by direct reimbursement.
  S 25. Intentionally omitted.
  S 26. Section 7 of chapter 472 of the laws of 1998 amending the educa-
tion  law  relating to the lease of school buses by school districts, as
amended by section 71 of part A of chapter 58 of the laws  of  2011,  is
amended to read as follows:
  S  7.  This  act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2013] 2015.
  S 27. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
13  of  part  A of chapter 57 of the laws of 2012, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this  section  [for the 2009-10 school year shall not exceed 64.1
percent of the lesser of such approvable costs per contact hour or elev-
en dollars and fifty cents per  contact  hour,  reimbursement]  for  the
2010--2011  school  year  shall not exceed 62.6 percent of the lesser of
such approvable costs per contact hour or twelve dollars and five  cents
per contact hour, reimbursement for the 2011--2012 school year shall not
exceed  62.9  percent of the lesser of such approvable costs per contact
hour or twelve  dollars  and  fifteen  cents  per  contact  hour,  [and]
reimbursement  for  the  2012--2013  school  year  shall not exceed 63.3
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve dollars and thirty-five cents per contact hour, AND REIMBURSEMENT
FOR  THE  2013--2014  SCHOOL  YEAR  SHALL NOT EXCEED 62.2 PERCENT OF THE
LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWELVE  DOLLARS  AND
FIFTY  CENTS  PER  CONTACT  HOUR,  where a contact hour represents sixty
minutes of instruction services provided to an eligible adult.  Notwith-
standing any other provision of law to the contrary,  [for  the  2009-10
school  year  such  contact  hours  shall  not  exceed one million seven
hundred sixty--three thousand  nine  hundred  seven  (1,763,907)  hours;
whereas]  for  the  2010--2011  school year such contact hours shall not
exceed one million five hundred twenty-five thousand one  hundred  nine-
ty-eight  (1,525,198) hours; whereas for the 2011--2012 school year such
contact hours shall not exceed one million seven  hundred  one  thousand
five  hundred  seventy  (1,701,570)  hours;  whereas  for the 2012--2013
school year such contact hours shall not exceed one million six  hundred
sixty-four  thousand  five hundred thirty-two (1,664,532) hours; WHEREAS
FOR THE 2013--2014 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT  EXCEED  ONE
MILLION  FOUR  HUNDRED  EIGHTY THOUSAND AND FIFTY-ONE (1,480,051) HOURS.
Notwithstanding any other provision of law to the contrary,  the  appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed  as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
ble for aid in accordance with the provisions of such subdivision 11  of
section 3602 of the education law.
  S  28. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for

S. 2607                            21                            A. 3007

worker  education  in New York city, is amended by adding a new subdivi-
sion r to read as follows:
  R.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2013--2014 SCHOOL YEAR.   NOTWITHSTANDING
ANY  INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS
($11,500,000).
  S  29. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker education in New York city, as amended by section 15 of part A of
chapter 57 of the laws of 2012, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2013] 2014.
  S 30. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state  operations,
aid to localities, capital projects and debt service budgets, as amended
by section 17 of part A of chapter 57 of the laws of 2012, is amended to
read as follows:
  1.  Sections  one  through seventy of this act shall be deemed to have
been in full force and effect as of April  1,  1994  provided,  however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to  September  1,  1994,  and  provided
further  that  section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and  provided  further  that  sections  four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a  of  this  act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen,  seventeen,
twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
deemed repealed on March 31, [2014] 2015.
  S 31. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
of  1995,  amending the education law and certain other laws relating to
state aid to school districts and the appropriation  of  funds  for  the
support  of government, as amended by section 18 of part A of chapter 57
of the laws of 2012, are amended to read as follows:
  (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
fourteen,  one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2013] 2014 at which time it shall be deemed repealed;
  (24) sections one hundred eighteen through one hundred thirty of  this
act  shall  be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred nineteen of this act shall be  deemed  to  be
repealed on and after July 1, [2013] 2014;
  S  32.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter school or BOCES employees, as amended by section 20 of part A of
chapter 57 of the laws of 2012, is amended to read as follows:

S. 2607                            22                            A. 3007

  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2013] 2014 when
upon such date the provisions of this act shall be deemed repealed.
  S  33.  Section  4  of  chapter  425 of the laws of 2002, amending the
education law relating to  the  provision  of  supplemental  educational
services,  attendance  at  a  safe  public  school and the suspension of
pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
amended  by  section  21 of part A of chapter 57 of the laws of 2012, is
amended to read as follows:
  S 4. This act shall take effect July 1, 2002 and shall expire  and  be
deemed repealed June 30, [2013] 2014.
  S  34.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 22 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  S 5. This act shall take effect immediately;  provided  that  sections
one,  two  and  three of this act shall expire and be deemed repealed on
June 30, [2013] 2014.
  S 35. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the 2013--2014 school year, the commissioner of education shall allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative education services pursuant to sections 3650-a,  3650-b  and
3650-c of the education law, or for contracts directly with not-for-pro-
fit  educational  organizations  for  the purposes of this section. Such
payments shall not exceed four hundred thousand dollars  ($400,000)  per
school year.
  S  36.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by the chapter of the laws of 2013  enacting
the  aid  to  localities  budget shall be apportioned for the 2013--2014
state fiscal year in accordance with the  provisions  of  sections  271,
272,  273,  282,  284,  and  285  of the education law as amended by the
provisions of this chapter and the provisions of this act, provided that
library construction aid pursuant to section 273-a of the education  law
shall  not  be payable from the appropriations for the support of public
libraries and provided  further  that  no  library,  library  system  or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding any other provision of law to the contrary the  moneys
appropriated for the support of public libraries for the year 2013--2014
by  a  chapter of the laws of 2013 enacting the aid to localities budget
shall fulfill the state's obligation to provide such aid  and,  pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant  to  such  appropriations  shall  be reduced proportionately to
assure that the total amount of aid payable does not  exceed  the  total
appropriations for such purpose.
  S  37.  Special apportionment for salary expenses.  a. Notwithstanding
any other provision of law, upon  application  to  the  commissioner  of
education,  not  sooner  than  the first day of the second full business
week of June, 2014 and not later than the last day  of  the  third  full
business  week  of  June, 2014, a school district eligible for an appor-
tionment pursuant to section 3602 of the education law shall be eligible
to receive an apportionment pursuant to this  section,  for  the  school

S. 2607                            23                            A. 3007

year  ending June 30, 2014, for salary expenses incurred between April 1
and June 30, 2014 and such apportionment shall not exceed the sum of (i)
the deficit reduction assessment of  1990--1991  as  determined  by  the
commissioner  of  education, pursuant to paragraph f of subdivision 1 of
section 3602 of the education law, as in effect through June  30,  1993,
plus  (ii)  186  percent  of such amount for a city school district in a
city with a population in excess of 1,000,000  inhabitants,  plus  (iii)
209  percent  of such amount for a city school district in a city with a
population of more than 195,000 inhabitants and less than 219,000 inhab-
itants according to the latest federal census, plus  (iv)  the  net  gap
elimination adjustment for 2010--2011, as determined by the commissioner
of  education  pursuant  to chapter 53 of the laws of 2010, plus (v) the
gap elimination adjustment for 2011--2012 as determined by  the  commis-
sioner  of  education  pursuant to subdivision 17 of section 3602 of the
education law, and provided further that such  apportionment  shall  not
exceed  such salary expenses. Such application shall be made by a school
district, after the board of education or trustees have adopted a resol-
ution to do so and in the case of a city school district in a city  with
a  population in excess of 125,000 inhabitants, with the approval of the
mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 38. Special apportionment for public pension accruals. a.   Notwith-
standing any other provision of law, upon application to the commission-
er  of education, not later than June 30, 2014, a school district eligi-
ble for an apportionment pursuant to section 3602 of the  education  law
shall  be eligible to receive an apportionment pursuant to this section,

S. 2607                            24                            A. 3007

for the school year ending June 30, 2014 and  such  apportionment  shall
not  exceed  the  additional  accruals  required  to  be  made by school
districts in the 2004--2005 and 2005--2006 school years associated  with
changes  for  such  public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner  of  education  by
the  president of the board of education or the trustees or, in the case
of a city school district in a city  with  a  population  in  excess  of
125,000  inhabitants,  the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school  district
in  a  city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 39. a. Notwithstanding any other law,  rule  or  regulation  to  the
contrary,  any moneys appropriated to the state education department may
be suballocated to other state departments or agencies,  as  needed,  to
accomplish the intent of the specific appropriations contained therein.
  b.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from  the  general
fund/aid  to  localities,  local  assistance  account-001,  shall be for
payment of financial assistance, as  scheduled,  net  of  disallowances,
refunds, reimbursement and credits.
  c.  Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education  department  for  aid  to
localities shall be available for payment of aid heretofore or hereafter

S. 2607                            25                            A. 3007

to  accrue  and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
  d.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated  to  the  state  education  department  for  general
support  for  public  schools may be interchanged with any other item of
appropriation for general support for public schools within the  general
fund  local  assistance  account office of prekindergarten through grade
twelve education programs.
  S 40. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city  of  Rochester,  upon
the  consent  of  the  board  of cooperative educational services of the
supervisory district serving its geographic  region  may  purchase  from
such  board  for  the  2013--2014 school year, as a non-component school
district, services required by article 19 of the education law.
  S 41. The amounts specified in this section shall be a  setaside  from
the  state  funds  which  each such district is receiving from the total
foundation aid:
  a. for the purpose of the development,  maintenance  or  expansion  of
magnet schools or magnet school programs for the 2013--2014 school year.
To  the city school district of the city of New York there shall be paid
forty-eight  million   one   hundred   seventy-five   thousand   dollars
($48,175,000) including five hundred thousand dollars ($500,000) for the
Andrew  Jackson  High School; to the Buffalo city school district, twen-
ty-one  million  twenty-five  thousand  dollars  ($21,025,000);  to  the
Rochester  city  school district, fifteen million dollars ($15,000,000);
to  the  Syracuse  city  school  district,  thirteen   million   dollars
($13,000,000);  to  the Yonkers city school district, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,  four  million  six  hundred   forty-five   thousand   dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two  million  dollars  ($2,000,000);  to  the  New
Rochelle  city  school  district,  one million four hundred ten thousand
dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city  school  district,  one  million one hundred fifty thousand dollars
($1,150,000); to the White Plains city  school  district,  nine  hundred
thousand  dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
district,   three   million   five   hundred   fifty   thousand  dollars
($3,550,000); to the Utica city school  district,  two  million  dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand  dollars  ($566,000);  to  the Middletown city school district,
four hundred thousand dollars ($400,000); to  the  Freeport  union  free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh   central   school   district,   three  hundred  thousand  dollars
($300,000); to the Amsterdam city school district, eight  hundred  thou-
sand  dollars  ($800,000);  to  the  Peekskill city school district, two
hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
district, four hundred thousand dollars ($400,000).
  b.  notwithstanding the provisions of subdivision a of this section, a
school district receiving a grant pursuant to this section may use  such
grant  funds  for:  (i) any instructional or instructional support costs
associated with the operation of a magnet school; or (ii)  any  instruc-
tional  or instructional support costs associated with implementation of
an alternative approach to reduction of racial isolation and/or enhance-

S. 2607                            26                            A. 3007

ment of the instructional program and raising of standards in elementary
and secondary schools of school  districts  having  substantial  concen-
trations  of  minority students. The commissioner of education shall not
be authorized to withhold magnet grant funds from a school district that
used  such  funds in accordance with this paragraph, notwithstanding any
inconsistency with a request for proposals issued by such commissioner.
  c. for the purpose of attendance improvement  and  dropout  prevention
for  the  2013--2014 school year, for any city school district in a city
having a population of more than one million, the setaside  for  attend-
ance improvement and dropout prevention shall equal the amount set aside
in the base year. For the 2013--2014 school year, it is further provided
that any city school district in a city having a population of more than
one  million shall allocate at least one-third of any increase from base
year levels in funds set aside pursuant  to  the  requirements  of  this
subdivision  to  community-based  organizations.  Any  increase required
pursuant to this subdivision to community-based organizations must be in
addition to allocations provided to community-based organizations in the
base year.
  d. for the purpose of teacher support for the 2013--2014 school  year:
to  the  city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); to the Buffalo  city
school  district,  one  million seven hundred forty-one thousand dollars
($1,741,000); to the Rochester city school district, one million  seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,  one  million  one  hundred   forty-seven   thousand   dollars
($1,147,000);  and  to  the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to  a  school
district  pursuant to this subdivision shall be distributed among teach-
ers including prekindergarten teachers and teachers of adult  vocational
and  academic  subjects in accordance with this subdivision and shall be
in addition to salaries  heretofore  or  hereafter  negotiated  or  made
available;  provided,  however,  that  all funds distributed pursuant to
this section for the current year shall be  deemed  to  incorporate  all
funds  distributed  pursuant to former subdivision 27 of section 3602 of
the education law for prior years. In school districts where the  teach-
ers  are  represented by certified or recognized employee organizations,
all salary increases funded pursuant to this section shall be determined
by separate collective negotiations conducted pursuant to the provisions
and procedures of article 14 of the civil service  law,  notwithstanding
the  existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
  S 42. Severability. The provisions of this act shall be severable, and
if the application of  any  clause,  sentence,  paragraph,  subdivision,
section  or  part  of  this  act  to any person or circumstance shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of  this  act  or  remainder  thereof,  as the case may be, to any other
person or circumstance, but shall be confined in its  operation  to  the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  43.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2013, provided,
however, that:

S. 2607                            27                            A. 3007

  1. Sections five and six of this act shall take effect immediately and
shall be deemed to have been in full force and effect on and after  July
1,  2010;  provided,  further,  that  the amendments to subdivision 1 of
section 2856 of the education law made by section five of this act shall
be  subject to the expiration and reversion of such subdivision pursuant
to section 27 of chapter 378 of the laws of 2007, as amended, when  upon
such date the provisions of section six of this act shall take effect;
  2. Section nine of this act shall take effect July 1, 2014;
  3.  Sections  one,  eleven, twelve, thirteen, fourteen, fifteen, eigh-
teen, nineteen, twenty, twenty-one, twenty-seven, twenty-eight,  thirty-
five and forty-one of this act shall take effect July 1, 2013;
  4.  The  amendments  to subdivision 6 of section 4402 of the education
law made by section twenty-one of this act shall not affect  the  repeal
of such subdivision and shall be deemed repealed therewith;
  5.  The  amendments to subdivision 10 of section 4410 of the education
law, made by section twenty-three of this act shall take effect April 1,
2013 and shall first apply to the provision  of  services  and  programs
pursuant  to  section 4410 of the education law in the 2013--2014 school
year;
  6. The amendments to chapter 756 of the  laws  of  1992,  relating  to
funding a program for work force education conducted by a consortium for
worker  education  in  New  York city, made by sections twenty-seven and
twenty-eight of this act shall not affect the repeal of such chapter and
shall be deemed repealed therewith; and
  7. Section thirty-nine of this act shall expire and be deemed repealed
June 30, 2014.

                                 PART B

  Section 1. Section 350 of the education law is amended by adding  four
new subdivisions 10, 11, 12 and 13 to read as follows:
  10.  "DORMITORY  FACILITIES  REVENUE  FUND" MEANS THE FUND ESTABLISHED
PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE  PUBLIC  AUTHORITIES
LAW.
  11. "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
TIES.
  12. "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX
OF THE PUBLIC AUTHORITIES LAW.
  13. "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR  BOND  OF  THE
DORMITORY  AUTHORITY  (I) ISSUED ON OR AFTER THE FIRST DAY OF APRIL, TWO
THOUSAND THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES  OR
REFINANCING NOTES OR BONDS PREVIOUSLY ISSUED IN CONNECTION WITH DORMITO-
RY  FACILITIES, INCLUDING NOTES OR BONDS ISSUED TO PAY COSTS INCURRED IN
CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
FOR THE PAYMENT OF DEBT SERVICE ON SUCH BONDS  OR  NOTES,  TO  FUND  ANY
RESERVE  ESTABLISHED  FOR  THE IMPROVEMENT, REPAIR, MAINTENANCE OR OPER-
ATIONS OF DORMITORY FACILITIES, OR TO PAY OR PROVIDE FOR THE PAYMENT  OF
ANY  NOTE  OR  BOND  PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS
PAYABLE FROM MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE  FUND
AND IS NOT PAYABLE FROM ANY REVENUE OF THE STATE.
  S  2.  Subdivision 2 of section 355 of the education law is amended by
adding a new paragraph y to read as follows:
  Y. TO BETTER SECURE DORMITORY AUTHORITY  BONDS  ISSUED  IN  CONNECTION
WITH  DORMITORY  FACILITIES, INCLUDING DORMITORY FACILITY REVENUE BONDS,

S. 2607                            28                            A. 3007

THE STATE UNIVERSITY OF NEW YORK IS HEREBY AUTHORIZED, IN ITS OWN  NAME,
TO ASSIGN OR OTHERWISE TRANSFER TO THE DORMITORY AUTHORITY ANY OR ALL OF
THE STATE UNIVERSITY'S RIGHTS, TITLE AND INTEREST IN AND TO THE DORMITO-
RY  FACILITY  REVENUES,  AND TO ENTER INTO AGREEMENTS WITH THE DORMITORY
AUTHORITY PURSUANT TO SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED  EIGHT-
Y-Q  OF  THE PUBLIC AUTHORITIES LAW IN FURTHERANCE OF SUCH ASSIGNMENT OR
TRANSFER. ANY ASSIGNMENT OR TRANSFER MADE  PURSUANT  TO  THIS  PARAGRAPH
SHALL  CONSTITUTE  A  TRUE  SALE  AND ABSOLUTE TRANSFER OF THE DORMITORY
FACILITIES REVENUES. THE CHARACTERIZATION OF SUCH ASSIGNMENT OR TRANSFER
SHALL NOT BE NEGATED OR ADVERSELY AFFECTED BY THE RETENTION BY THE STATE
UNIVERSITY OF NEW YORK OF ANY OWNERSHIP INTEREST IN THE DORMITORY FACIL-
ITIES REVENUES OR OF ANY RESIDUAL RIGHT  TO  PAYMENT  OF  ANY  DORMITORY
FACILITY  REVENUES  REMAINING  IN  THE DORMITORY FACILITIES REVENUE FUND
AFTER THE MONEYS THEREIN HAVE BEEN APPLIED IN ACCORDANCE WITH  PARAGRAPH
(B)  OF  SUBDIVISION  THREE  OF  SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE
PUBLIC AUTHORITIES LAW. ALL RIGHTS, TITLE AND INTEREST  IN  AND  TO  ANY
MONEYS  PAID  TO  OR  UPON THE ORDER OF THE STATE UNIVERSITY OF NEW YORK
PURSUANT TO ANY AGREEMENT BY AND BETWEEN THE DORMITORY AUTHORITY AND THE
STATE UNIVERSITY OF NEW YORK ENTERED INTO PURSUANT TO SUBDIVISION TWO OF
SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE PUBLIC AUTHORITIES LAW OR PURSU-
ANT TO ANY AGREEMENT ENTERED INTO PURSUANT TO PARAGRAPH J OF SUBDIVISION
TWO OF SECTION SIXTEEN HUNDRED EIGHTY  OF  THE  PUBLIC  AUTHORITIES  LAW
SHALL VEST IN THE STATE UNIVERSITY OF NEW YORK AND BE THE ABSOLUTE PROP-
ERTY  OF  THE  STATE UNIVERSITY OF NEW YORK, AND THE DORMITORY AUTHORITY
SHALL NO LONGER HAVE ANY INTEREST IN SUCH MONEYS.
  S 3. Subdivision 8 of section 355 of the education law, as amended  by
chapter 553 of the laws of 1985, is amended to read as follows:
  8.  [All]  EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL moneys received by
the state university of New  York  and  by  state-operated  institutions
thereof  from  appropriations,  tuition,  fees,  user  charges, sales of
products and services and from all other sources, including sources  and
activities of the state university which are intended by law to be self-
supporting  may be credited to an appropriate fund or funds to be desig-
nated by the state comptroller. The amounts so paid into  such  fund  or
funds  which  were received by or for the state university shall be used
for expenses of the state university in carrying out any of its  objects
and  purposes  and such amounts received by or for state-operated insti-
tutions of the state university shall be used for expenses of the  state
university  under  regulations  prescribed by the state university trus-
tees.  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, ALL
DORMITORY FACILITIES REVENUES TRANSFERRED TO THE DORMITORY AUTHORITY  BY
ASSIGNMENT  OR  OTHERWISE  PURSUANT TO PARAGRAPH Y OF SUBDIVISION TWO OF
THIS SECTION SHALL UPON RECEIPT BY THE STATE UNIVERSITY ACTING AS  AGENT
FOR  THE DORMITORY AUTHORITY BE TRANSFERRED AND IMMEDIATELY PAID WITHOUT
APPROPRIATION THEREOF TO THE COMMISSIONER OF TAXATION AND FINANCE PURSU-
ANT TO SUBDIVISION FOUR OF SECTION FOUR OF THE  STATE  FINANCE  LAW  FOR
DEPOSIT TO THE DORMITORY FACILITIES REVENUE FUND.
  S  4.  The  public  authorities law is amended by adding a new section
1680-q to read as follows:
  S 1680-Q. STATE UNIVERSITY OF NEW YORK DORMITORY FACILITIES.    1.  AS
USED  IN  OR  REFERRED  TO  IN  THIS SECTION, UNLESS A DIFFERENT MEANING
APPEARS FROM THE CONTEXT, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
RESPECTIVE MEANINGS:
  (A)  "AGREEMENT"  MEANS  AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND
THE STATE UNIVERSITY ENTERED INTO PURSUANT TO THIS SECTION.

S. 2607                            29                            A. 3007

  (B) "DORMITORY FACILITIES REVENUE FUND"  MEANS  THE  FUND  ESTABLISHED
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (C) "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
TIES.
  (D) "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX
OF THIS TITLE.
  (E) "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR  BOND  OF  THE
AUTHORITY  (I)  ISSUED  ON OR AFTER THE FIRST DAY OF APRIL, TWO THOUSAND
THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES OR REFINANC-
ING NOTES OR BONDS ISSUED PREVIOUSLY IN CONNECTION WITH DORMITORY FACIL-
ITIES, INCLUDING  NOTES  OR  BONDS  ISSUED  TO  PAY  COSTS  INCURRED  IN
CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
FOR  THE  PAYMENT  OF  DEBT  SERVICE  ON SUCH BONDS, TO FUND ANY RESERVE
ESTABLISHED FOR THE IMPROVEMENT, REPAIR, MAINTENANCE  OR  OPERATIONS  OF
DORMITORY  FACILITIES,  OR TO PAY OR PROVIDE FOR THE PAYMENT OF ANY NOTE
OR BOND PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS PAYABLE FROM
MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE FUND.
  (F) "PRIOR DORMITORY FACILITY BOND" MEANS ANY  NOTE  OR  BOND  OF  THE
AUTHORITY  ISSUED  PRIOR  TO  APRIL  FIRST,  TWO  THOUSAND  THIRTEEN  IN
CONNECTION WITH DORMITORY FACILITIES.
  (G) "STATE UNIVERSITY" MEANS THE  STATE  UNIVERSITY  OF  NEW  YORK,  A
CORPORATION WITHIN THE STATE EDUCATION DEPARTMENT AND WITHIN THE UNIVER-
SITY OF THE STATE OF NEW YORK CREATED BY SECTION THREE HUNDRED FIFTY-TWO
OF THE EDUCATION LAW.
  2.  THE  AUTHORITY MAY, FROM AND AFTER APRIL FIRST, TWO THOUSAND THIR-
TEEN, ISSUE DORMITORY FACILITY REVENUE BONDS IN AN AMOUNT NOT TO  EXCEED
NINE  HUNDRED FORTY-FOUR MILLION DOLLARS. SUCH AMOUNT SHALL BE EXCLUSIVE
OF BONDS AND NOTES ISSUED TO FUND ANY RESERVE FUND  OR  FUNDS,  COST  OF
ISSUANCE,  ORIGINAL  ISSUE  PREMIUM,  AND  TO REFUND ANY PRIOR DORMITORY
FACILITY BONDS OR ANY DORMITORY FACILITY REVENUE  BONDS.  THE  AUTHORITY
AND  THE STATE UNIVERSITY ARE HEREBY AUTHORIZED TO ENTER INTO AGREEMENTS
RELATING TO, AMONG OTHER THINGS, THE ACQUISITION OF PROPERTY  OR  INTER-
ESTS THEREIN, THE CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVE-
MENT,  EQUIPPING  AND  FURNISHING OF DORMITORY FACILITIES, THE OPERATION
AND MAINTENANCE OF DORMITORY FACILITIES, AND THE BILLING, COLLECTION AND
DISBURSEMENT OF DORMITORY FACILITIES REVENUES, THE TITLE  TO  WHICH  HAS
BEEN CONVEYED, ASSIGNED OR OTHERWISE TRANSFERRED TO THE AUTHORITY PURSU-
ANT  TO  PARAGRAPH  Y  OF  SUBDIVISION  TWO  OF  SECTION  THREE  HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW. NO DEBT SHALL BE CONTRACTED  EXCEPT  TO
FINANCE  CAPITAL  WORKS OR PURPOSES. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, DORMITORY FACILITY REVENUES SHALL NOT BE DEEMED TO  BE  REVENUES
OF  THE  STATE.  THE  STATE  SHALL NOT BE LIABLE FOR ANY PAYMENTS ON ANY
DORMITORY FACILITY REVENUE BONDS, AND SUCH BONDS SHALL NOT BE A DEBT  OF
THE STATE.
  3.  (A) THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER
OF TAXATION AND FINANCE A SPECIAL FUND TO  BE  KNOWN  AS  THE  DORMITORY
FACILITIES REVENUE FUND. SUCH FUND SHALL CONSIST OF ALL DORMITORY FACIL-
ITIES  REVENUES  CONVEYED,  ASSIGNED  OR  OTHERWISE  TRANSFERRED  TO THE
AUTHORITY PURSUANT TO PARAGRAPH Y OF SUBDIVISION TWO  OF  SECTION  THREE
HUNDRED  FIFTY-FIVE  OF  THE  EDUCATION  LAW,  WHICH UPON RECEIPT BY THE
COMMISSIONER OF TAXATION AND FINANCE SHALL BE DEPOSITED IN SUCH FUND AND
HELD BY THE COMMISSIONER OF TAXATION AND FINANCE PURSUANT TO SUBDIVISION
FOUR OF SECTION FOUR OF THE STATE FINANCE LAW. THE MONEYS  IN  THE  FUND
SHALL  BE  THE  SOLE AND EXCLUSIVE PROPERTY OF THE AUTHORITY. THE MONEYS

S. 2607                            30                            A. 3007

HELD IN THE FUND SHALL BE HELD SEPARATE AND APART FROM AND  NOT  COMMIN-
GLED  WITH ANY MONEYS OF THE STATE OR ANY OTHER MONEYS IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE.  ALL DEPOSITS OF MONEYS SHALL,
IF  REQUIRED  BY THE COMMISSIONER OF TAXATION AND FINANCE, BE SECURED BY
OBLIGATIONS OF THE UNITED STATES OF AMERICA OR OF  THE  STATE  HAVING  A
MARKET  VALUE  EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS AND ALL
BANKS AND TRUST COMPANIES ARE  AUTHORIZED  TO  GIVE  SECURITY  FOR  SUCH
DEPOSITS.  ANY MONEYS IN SUCH FUND MAY, IN THE DISCRETION OF THE COMMIS-
SIONER OF TAXATION AND FINANCE, BE INVESTED IN OBLIGATIONS DESCRIBED  IN
SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. THE COMMISSIONER OF TAXA-
TION AND FINANCE SHALL CERTIFY TO THE AUTHORITY AND THE STATE UNIVERSITY
NOT  LATER  THAN THE FIFTEENTH DAY OF EACH MONTH THE AMOUNT OF DORMITORY
FACILITIES REVENUES DEPOSITED IN THE FUND DURING THE PRECEDING  CALENDAR
MONTH AND THE AMOUNT HELD IN THE FUND AS OF THE LAST DAY OF SUCH PRECED-
ING CALENDAR MONTH.
  (B)  DURING EACH TWELVE MONTH PERIOD COMMENCING JULY FIRST OF A CALEN-
DAR YEAR AND ENDING ON JUNE THIRTIETH OF THE SUCCEEDING  CALENDAR  YEAR,
THE  COMMISSIONER  OF  TAXATION AND FINANCE SHALL PAY, WITHOUT APPROPRI-
ATION, TO OR UPON THE ORDER OF THE AUTHORITY FROM THE MONEYS IN THE FUND
THE AMOUNT CERTIFIED TO THE COMMISSIONER OF TAXATION AND FINANCE BY  THE
AUTHORITY  PURSUANT  TO  PARAGRAPH  (C)  OF THIS SUBDIVISION. ANY MONEYS
REMAINING IN THE FUND AFTER PAYMENT TO THE AUTHORITY OF  THE  AMOUNT  SO
CERTIFIED  SHALL  BE PAID BY THE COMMISSIONER OF TAXATION AND FINANCE IN
ACCORDANCE WITH THE AGREEMENT. ALL RIGHTS, TITLE AND INTEREST IN AND  TO
ANY MONEYS PAID TO OR UPON THE ORDER OF THE STATE UNIVERSITY PURSUANT TO
THE  AGREEMENT  SHALL  VEST  IN THE STATE UNIVERSITY AND BE THE ABSOLUTE
PROPERTY OF THE STATE UNIVERSITY, AND THE AUTHORITY SHALL NO LONGER HAVE
ANY INTEREST IN SUCH MONEYS.
  (C) THE AUTHORITY SHALL, NOT LATER THAN BY THE FIRST DAY  OF  JUNE  OF
EACH  CALENDAR YEAR, CERTIFY TO THE COMMISSIONER OF TAXATION AND FINANCE
AND TO THE STATE UNIVERSITY: (I) THE AMOUNT OF  THE  RENTALS,  INCLUDING
THE  AMOUNTS  REQUIRED  FOR PAYMENT OF THE PRINCIPAL OF, AND INTEREST ON
PRIOR DORMITORY FACILITY BONDS REQUIRED TO BE MADE BY THE STATE  UNIVER-
SITY  TO  THE AUTHORITY DURING THE TWELVE MONTH PERIOD COMMENCING ON THE
SUCCEEDING JULY FIRST AND ENDING ON THE SUCCEEDING JUNE THIRTIETH PURSU-
ANT TO THE AGREEMENT BETWEEN THE AUTHORITY  AND  THE  STATE  UNIVERSITY,
DATED   AS   OF   THE  TWENTIETH  DAY  OF  SEPTEMBER,  NINETEEN  HUNDRED
NINETY-FIVE, AS AMENDED AND RESTATED; (II) THE AMOUNT REQUIRED TO  MAIN-
TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
OR  THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN CONNECTION
WITH THE PRIOR DORMITORY FACILITY BONDS; (III) THE AMOUNT  REQUIRED  FOR
PAYMENT OF THE PRINCIPAL OF, WHETHER AT MATURITY OR DUE THROUGH MANDATO-
RY  REDEMPTION, AND INTEREST ON DORMITORY FACILITY REVENUE BONDS PAYABLE
ON JANUARY FIRST OF SUCH TWELVE MONTH PERIOD  AND  ON  JULY  FIRST  NEXT
SUCCEEDING  SUCH  TWELVE MONTH PERIOD; (IV) THE AMOUNT REQUIRED TO MAIN-
TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
OR THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN  CONNECTION
WITH  THE  DORMITORY  FACILITY REVENUE BONDS; (V) THE AMOUNT REQUIRED TO
RESTORE ANY RESERVE FOR THE PAYMENT OF DEBT SERVICE ON DORMITORY FACILI-
TY REVENUE BONDS TO ITS REQUIREMENT; AND (VI) THE  COSTS,  EXPENSES  AND
OVERHEAD  OF  THE  DORMITORY AUTHORITY TO BE INCURRED DURING SUCH TWELVE
MONTH PERIOD IN CONNECTION WITH  AND  REASONABLY  RELATED  TO  DORMITORY
FACILITIES  FINANCED  THROUGH THE ISSUANCE OF DORMITORY FACILITY REVENUE
BONDS. EACH SUCH AMOUNT SHALL BE SEPARATELY  STATED  AND  IDENTIFIED  IN
SUCH  CERTIFICATE.  ANY  SUCH  CERTIFICATE  SUBMITTED  BY  THE DORMITORY
AUTHORITY MAY BE AMENDED BY THE DORMITORY AUTHORITY FROM TIME TO TIME AS

S. 2607                            31                            A. 3007

NECESSARY TO ADJUST THE AMOUNTS SET FORTH THEREIN. THE  MONEYS  PAID  TO
THE  AUTHORITY  PURSUANT  TO  PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE
APPLIED BY THE AUTHORITY IN THE ORDER OF PRIORITY IN WHICH  THE  AMOUNTS
SET FORTH IN SUCH CERTIFICATION ARE STATED IN THIS PARAGRAPH.
  S  5.  For  the purposes of paragraphs (b) and (c) of subdivision 3 of
section 1680-q of the public authorities law, as added by  section  four
of this act, the dormitory authority shall, within thirty days after the
date  on  which this act shall become effective, make and deliver to the
commissioner of taxation and finance and the  state  university  of  New
York  a  certification  in the form and substance required by such para-
graph (c) with respect to amounts required for the items specified ther-
ein during the period from the effective date of this act to and includ-
ing the thirtieth day of June, 2013,  and,  if  this  act  shall  become
effective after the first day of June, 2013, for the twelve month period
commencing  the  first day of July, 2013, to and including the thirtieth
day of June, 2014. No money shall be paid by the commissioner  of  taxa-
tion  and  finance  out  of  the  dormitory facility revenue fund except
unless and until such commissioner has  received  the  certification  or
certifications required by this section.
  S 6. This act shall take effect immediately.

                                 PART C

  Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
implementing  the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital  matching  grant
program  for  independent colleges, as amended by section 1 of part H of
chapter 57 of the laws of 2012, is amended to read as follows:
  (a) The New York state higher education capital matching  grant  board
is  hereby  created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital  matching  grant  program  from  the
effective  date  of  this  section through March 31, [2013] 2014, or the
date on which the last of the funds  available  for  grants  under  this
section  shall  have  been  disbursed,  whichever  is earlier; provided,
however, that the termination of the existence of the  board  shall  not
affect the power and authority of the dormitory authority to perform its
obligations  with  respect  to  any  bonds, notes, or other indebtedness
issued or incurred pursuant to authority granted in this section.
  S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the  New  York state higher education capital matching grant program
for independent colleges, as amended by section 2 of part H  of  chapter
57 of the laws of 2012, is amended to read as follows:
  (h)  [If  a  college did not apply for a potential grant] IN THE EVENT
THAT ANY COLLEGES DO NOT APPLY FOR  HIGHER  EDUCATION  CAPITAL  MATCHING
GRANTS  by  March  31,  2009,  OR  IN  THE  EVENT THEY APPLY FOR AND ARE
AWARDED, BUT DO NOT USE THE FULL AMOUNT OF SUCH GRANTS, THE UNUSED funds
associated with  such  [potential  grant]  GRANTS  shall  THEREAFTER  be
awarded[,]  TO  COLLEGES  on  a  competitive basis, [to other colleges,]
according to the priorities set forth below. [Colleges]  NOTWITHSTANDING
SUBDIVISION FIVE OF THIS SECTION, ANY COLLEGE shall be eligible to apply
for  [unutilized  grants] SUCH UNUSED FUNDS IN RESPONSE TO A REQUEST FOR

S. 2607                            32                            A. 3007

PROPOSALS FOR A HIGHER EDUCATION CAPITAL MATCHING GRANT PURSUANT TO THIS
PARAGRAPH.  In such cases, the following priorities shall apply:  first,
priority shall be given to otherwise eligible colleges that either were,
or would have been, deemed ineligible for the program prior to March 31,
2009,  due  to  missed  deadlines,  insufficient matching funds, lack of
accreditation or other disqualifying  reasons;  and  second,  after  the
board  has  acted  upon  all such first-priority applications for unused
funds, if any such funds remain, those  funds  shall  be  available  for
distribution  to  eligible  colleges  [that  are located within the same
Regents of the State of New  York  region  for  which  such  funds  were
originally  allocated].   THE UNUSED FUNDS ASSOCIATED WITH HIGHER EDUCA-
TION CAPITAL MATCHING GRANTS THAT WERE AVAILABLE IN THE  FIRST  INSTANCE
TO  COLLEGES AND UNIVERSITIES LOCATED IN THE COUNTIES OF NASSAU, SUFFOLK
AND IN THE CITY OF NEW YORK, SHALL BE AWARDED PURSUANT TO THIS PARAGRAPH
TO COLLEGES IN THE COUNTIES OF NASSAU AND SUFFOLK AND THE  CITY  OF  NEW
YORK,  AND THE UNUSED FUNDS ASSOCIATED WITH SUCH GRANTS THAT WERE AVAIL-
ABLE IN THE FIRST INSTANCE TO COLLEGES OUTSIDE THE COUNTIES  OF  NASSAU,
SUFFOLK AND THE CITY OF NEW YORK SHALL BE AWARDED PURSUANT TO THIS PARA-
GRAPH  TO  COLLEGES  LOCATED OUTSIDE THE COUNTIES OF NASSAU, SUFFOLK AND
THE CITY OF NEW YORK. The dormitory authority shall  develop  a  request
for  proposals  and application process, in consultation with the board,
for [such] HIGHER EDUCATION CAPITAL MATCHING grants AWARDED PURSUANT  TO
THIS  PARAGRAPH,  and  shall  develop criteria, subject to review by the
board, for the awarding of such grants. Such  criteria  shall  [incorpo-
rate]  INCLUDE, BUT NOT BE LIMITED TO the matching criteria contained in
paragraph (c) of this subdivision,  and  the  application  criteria  set
forth  in  paragraph  (e)  of  this subdivision. The dormitory authority
shall require all applications in response to the request for  proposals
to  be submitted by September 1, [2012] 2013, and the board shall act on
each application for such matching grants by November 1, [2012] 2013.
  S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law and other laws implementing the state fiscal plan for the  2005-2006
state fiscal year, relating to the New York state higher education capi-
tal  matching  grant  program  for  independent  colleges, as amended by
section 3 of part H of chapter 57 of the laws of  2012,  is  amended  to
read as follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary,  and  subject  to  the provisions of chapter 59 of the laws of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er education capital matching grants, the  director  of  the  budget  is
authorized  in  any  state  fiscal  year commencing April 1, 2005 or any
state fiscal year thereafter for a period ending  on  March  31,  [2014]
2015,  to  enter into one or more service contracts, none of which shall
exceed 30 years in duration, with the  dormitory  authority,  upon  such
terms as the director of the budget and the dormitory authority agree.
  S  4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005 amending the labor law and other laws  implement-
ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
to the New York state higher education matching  capital  grant  program
for  independent  colleges, as amended by section 4 of part H of chapter
57 of the laws of 2012, is amended to read as follows:
  (b) Any eligible institution receiving a grant pursuant to this  arti-
cle shall report to the dormitory authority no later than June 1, [2013]
2014,  on  the use of funding received and its programmatic and economic

S. 2607                            33                            A. 3007

impact. The dormitory authority shall submit  a  report  no  later  than
November  1, [2013] 2014 to the board, the governor, the director of the
budget, the temporary president of the senate, and the  speaker  of  the
assembly  on the aggregate impact of the higher education matching capi-
tal grant program. Such report shall provide information on the progress
and economic impact of such project.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART D

  Section  1.  Subdivision  1  of  section  6304 of the education law is
amended by adding two new paragraphs b-1 and b-2 to read as follows:
  B-1. (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
COMMUNITY COLLEGE FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND  FOUR-
TEEN AND THEREAFTER, ENROLLMENT IN A PROGRAM THAT CONFERS A CREDIT-BEAR-
ING  CERTIFICATE,  AN  ASSOCIATE  OF  OCCUPATIONAL STUDIES DEGREE, OR AN
ASSOCIATE OF APPLIED SCIENCE DEGREE, SHALL ONLY COUNT AS AIDABLE COLLEGE
ENROLLMENT IF:
  (A) THE PROGRAM IS A PARTNERSHIP BETWEEN THE COMMUNITY COLLEGE AND ONE
OR MORE EMPLOYERS TO TRAIN AND EMPLOY STUDENTS IN A SPECIFIC OCCUPATION;
OR
  (B) THE PROGRAM (1) PREPARES STUDENTS FOR  AN  OCCUPATION  THAT  MEETS
CURRENT OR EMERGING REGIONAL WORKFORCE NEEDS BASED ON A LIST PROVIDED BY
THE  DEPARTMENT OF LABOR BASED ON AVAILABLE LABOR MARKET DATA OR IDENTI-
FIED AS SUCH BY THE APPLICABLE REGIONAL  ECONOMIC  DEVELOPMENT  COUNCIL,
AND (2) HAS AN ADVISORY COMMITTEE MADE UP OF MEMBERS OF WHOM THE MAJORI-
TY  ARE EMPLOYERS IN THE OCCUPATION OR SECTOR, OR A RELATED SECTOR, THAT
EMPLOY OR COMMIT TO EMPLOY WORKERS IN THE  REGION  WHERE  THE  COMMUNITY
COLLEGE  IS  LOCATED,  AND SUCH COMMITTEE SERVES TO ADVISE THE COMMUNITY
COLLEGE ON THE PROGRAM'S CURRICULUM, RECRUITMENT, PLACEMENT  AND  EVALU-
ATION SO THAT IT REMAINS UP-TO-DATE WITH EMPLOYER NEEDS.
  (II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, ENROLLMENT IN
PROGRAMS  THAT FAIL TO MEET THE REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL COUNT IN THE DETERMINATION OF AIDABLE COLLEGE ENROLLMENT
IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND  FOURTEEN  COMMUNITY  COLLEGE
FISCAL  YEAR  ONLY  TO  THE  EXTENT  A  STUDENT WAS ENROLLED IN THE SAME
PROGRAM AND WAS COUNTED IN THE DETERMINATION OF AIDABLE COLLEGE  ENROLL-
MENT DURING, OR PRIOR TO, THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
COMMUNITY COLLEGE FISCAL YEAR.
  (III)  ON  OR BEFORE NOVEMBER FIRST OF EACH YEAR, THE STATE UNIVERSITY
TRUSTEES AND THE CITY UNIVERSITY TRUSTEES SHALL EACH SUBMIT A REPORT  TO
THE  DIRECTOR  OF THE BUDGET FOR PURPOSES OF DETERMINING AMOUNTS PAYABLE
TO COMMUNITY COLLEGES. SUCH REPORT SHALL INCLUDE AN ACCOUNTING OF  AIDA-
BLE  COLLEGE  ENROLLMENT AS DETERMINED IN ACCORDANCE WITH THIS PARAGRAPH
FOR PROGRAMS THAT CONFER CREDIT-BEARING CERTIFICATES, ASSOCIATE OF OCCU-
PATIONAL STUDIES DEGREES, OR ASSOCIATE OF APPLIED  SCIENCE  DEGREES,  IN
SUCH  A  FORM  AND  MANNER  AS THE DIRECTOR OF THE BUDGET MAY REQUIRE TO
VERIFY COMPLIANCE WITH SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH  AND
APPROVE  OR DENY PAYMENT FOR SUCH PROGRAMS THEREOF; AND PROVIDED FURTHER
THAT, PRIOR TO SUBMITTING SUCH REPORTS,  THE  CHANCELLOR  OF  THE  STATE
UNIVERSITY  OF NEW YORK AND THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW
YORK SHALL ASSIST THE DIRECTOR OF THE BUDGET IN AN EVALUATION OF WHETHER
THERE ARE ADDITIONAL WORKFORCE AND VOCATIONAL  PROGRAMS  THAT  SHALL  BE
CONSIDERED  IN  FUTURE  YEARS FOR THE PURPOSE OF MAKING NECESSARY CALCU-
LATIONS PURSUANT TO THIS PARAGRAPH AND PARAGRAPH B-2 OF THIS SECTION.

S. 2607                            34                            A. 3007

  B-2. (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  WITHIN
AMOUNTS APPROPRIATED THEREFOR, THE STATE UNIVERSITY OF NEW YORK AND CITY
UNIVERSITY  OF  NEW  YORK SHALL MAKE AWARDS TO COMMUNITY COLLEGES FROM A
NEXT GENERATION NY JOB LINKAGE PROGRAM  INCENTIVE  FUND  ON  A  PRO-RATA
BASIS  IN  ACCORDANCE WITH A METHODOLOGY AND IN A FORM AND MANNER DEVEL-
OPED BY THE DIRECTOR OF THE  BUDGET,  IN  CONSULTATION  WITH  THE  STATE
UNIVERSITY AND CITY UNIVERSITY, BASED ON MEASURES OF STUDENT SUCCESS FOR
ALL STUDENTS ENROLLED IN PROGRAMS THAT MEET THE REQUIREMENTS OF SUBPARA-
GRAPH (I) OF PARAGRAPH B-1 OF THIS SUBDIVISION INCLUDING, BUT NOT LIMIT-
ED TO:
  (A)  THE  NUMBER  OF  STUDENTS  WHO  ARE  EMPLOYED FOLLOWING DEGREE OR
CERTIFICATE COMPLETION AND THEIR WAGE GAINS, IF ANY,  AS  DETERMINED  BY
THE  DEPARTMENT  OF  LABOR,  WHICH SHALL BE GIVEN THE GREATEST WEIGHTING
AMONG ALL MEASURES OF STUDENT SUCCESS;
  (B) THE NUMBER OF  ON-TIME  DEGREE  COMPLETIONS,  ON-TIME  CERTIFICATE
COMPLETIONS AND STUDENT TRANSFERS TO OTHER INSTITUTIONS OF HIGHER EDUCA-
TION;
  (C) THE NUMBER OF DEGREES AND CERTIFICATE COMPLETIONS THAT DO NOT MEET
THE  ON-TIME  REQUIREMENT OF CLAUSE (B) OF THIS SUBPARAGRAPH WHICH SHALL
BE GIVEN LESSER WEIGHT THAN CLAUSE (B);
  (D) THE NUMBER OF DEGREE AND CERTIFICATE COMPLETIONS UNDER CLAUSES (B)
AND (C) OF  THIS  SUBPARAGRAPH  BY  A  STUDENT  CONSIDERED  ACADEMICALLY
AT-RISK  DUE TO ECONOMIC DISADVANTAGE OR OTHER FACTOR OF UNDER-REPRESEN-
TATION WITHIN THE FIELD OF STUDY; AND
  (E)  THE  NUMBER  OF  STUDENTS  WHO  MAKE  ADEQUATE  PROGRESS  TOWARDS
COMPLETION  OF  A  DEGREE  OR CERTIFICATE, WHICH MAY INCLUDE ACCELERATED
COMPLETION OF A DEVELOPMENTAL EDUCATION PROGRAM.
  (II) ON OR BEFORE DECEMBER FIRST OF EACH YEAR, OR AN ALTERNATIVE  DATE
AS  DETERMINED  BY  THE  DIRECTOR OF THE BUDGET IN CONSULTATION WITH THE
STATE UNIVERSITY AND CITY UNIVERSITY, THE STATE UNIVERSITY TRUSTEES  AND
THE  CITY  UNIVERSITY  TRUSTEES SHALL EACH SUBMIT A PLAN FOR APPROVAL BY
THE DIRECTOR OF THE BUDGET TO ALLOCATE AMOUNTS AVAILABLE  FOR  THE  NEXT
GENERATION NY JOB LINKAGE PROGRAM INCENTIVE FUND IN ACCORDANCE WITH THIS
PARAGRAPH.
  S 2. This act shall take effect immediately.

                                 PART E

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  C  of  chapter  57  of  the  laws  of 2012, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal to at least [$135.00] $137.00 for each month beginning on or after
January first, two thousand [twelve] THIRTEEN.
  (b)  in  the  case  of  each individual receiving residential care, an
amount equal to at least [$155.00] $158.00 for each month  beginning  on
or after January first, two thousand [twelve] THIRTEEN.
  (c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at  least  [$184.00]  $187.00  for  each  month
beginning on or after January first, two thousand [twelve] THIRTEEN.
  (d)  for  the period commencing January first, two thousand [thirteen]
FOURTEEN, the monthly personal needs allowance shall be an amount  equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:

S. 2607                            35                            A. 3007

  (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
subdivision; and
  (2)  the  amount  in subparagraph one of this paragraph, multiplied by
the percentage of any  federal  supplemental  security  income  cost  of
living adjustment which becomes effective on or after January first, two
thousand  [thirteen] FOURTEEN, but prior to June thirtieth, two thousand
[thirteen] FOURTEEN, rounded to the nearest whole dollar.
  S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
section  209 of the social services law, as amended by section 2 of part
C of chapter 57 of the laws of 2012, are amended to read as follows:
  (a) On and after January first, two thousand [twelve] THIRTEEN, for an
eligible individual living alone, [$785.00] $797.00; and for an eligible
couple living alone, [$1152.00] $1170.00.
  (b) On and after January first, two thousand [twelve] THIRTEEN, for an
eligible individual living with others with or without  in-kind  income,
[$721.00] $733.00; and for an eligible couple living with others with or
without in-kind income, [$1094.00] $1112.00.
  (c)  On  and  after January first, two thousand [twelve] THIRTEEN, (i)
for an eligible individual receiving family care, [$964.48]  $976.48  if
he  or  she is receiving such care in the city of New York or the county
of Nassau, Suffolk, Westchester or Rockland; and (ii)  for  an  eligible
couple  receiving  family  care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other  county  in  the  state,  [$926.48]
$938.48;  and  (iv)  for  an  eligible couple receiving such care in any
other county in the state, two times the amount set  forth  in  subpara-
graph (iii) of this paragraph.
  (d)  On  and  after January first, two thousand [twelve] THIRTEEN, (i)
for  an  eligible  individual  receiving  residential  care,  [$1133.00]
$1145.00  if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
eligible  couple  receiving  residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care  in  any  other  county  in  the
state,  [$1103.00]  $1115.00;  and (iv) for an eligible couple receiving
such care in any other county in the state, two  times  the  amount  set
forth in subparagraph (iii) of this paragraph.
  (e)  (i)  On  and after January first, two thousand [twelve] THIRTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
[$1392.00]  $1404.00; and (ii) for an eligible couple receiving enhanced
residential care, two times the amount set forth in subparagraph (i)  of
this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision  shall  be  increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which  become
effective  on  or  after January first, two thousand [thirteen] FOURTEEN
but prior to June thirtieth, two thousand [thirteen] FOURTEEN.
  S 3. This act shall take effect December 31, 2013.

                                 PART F

  Section 1. Title 1 of article  2-A  of  the  social  services  law  is
REPEALED.

S. 2607                            36                            A. 3007

  S  2. The private housing finance law is amended by adding a new arti-
cle 28 to read as follows:
                               ARTICLE 28
                 HOMELESS HOUSING AND ASSISTANCE PROGRAM
SECTION 1223. LEGISLATIVE FINDINGS AND PURPOSE.
        1224. DEFINITIONS.
        1225. HOMELESS HOUSING AND ASSISTANCE CONTRACTS.
        1226. GENERAL AND ADMINISTRATIVE PROVISIONS.
  S 1223. LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS
THAT  THE  NEED  CONTINUES  TO  EXIST FOR A PROGRAM TO PROVIDE MONIES TO
NOT-FOR-PROFIT  CORPORATIONS,  CHARITABLE  ORGANIZATIONS,  WHOLLY  OWNED
SUBSIDIARIES  OF  NOT-FOR-PROFIT CORPORATIONS OR OF CHARITABLE ORGANIZA-
TIONS,  PUBLIC  CORPORATIONS  AND  MUNICIPALITIES  TO  DEVELOP,  EXPAND,
PRESERVE  AND IMPROVE THE SUPPLY OF SHELTER AND OTHER SUPPORTIVE HOUSING
ARRANGEMENTS FOR HOMELESS PERSONS. THIS PROGRAM SHALL NOW BE OVERSEEN BY
THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL,  THE  STATE  AGENCY
THAT   HAS   PRIMARY   RESPONSIBILITY   FOR  AND  EXPERTISE  IN  CAPITAL
CONSTRUCTION AND ASSET MANAGEMENT. THE STATE  DIVISION  OF  HOUSING  AND
COMMUNITY  RENEWAL, IN CONJUNCTION WITH THE HOMELESS HOUSING AND ASSIST-
ANCE CORPORATION, SHALL CONSULT WITH THE OFFICE OF TEMPORARY  AND  DISA-
BILITY ASSISTANCE, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM
AND  SUBSTANCE  ABUSE SERVICES AND SUCH OTHER APPROPRIATE AGENCIES AS IT
MAY DEEM NECESSARY IN ORDER TO EFFECTUATE THE PURPOSES OF THIS  ARTICLE.
IN  ADDITION,  THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL
CONSULT WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE IN REGARD
TO THE REVIEW OF THE COMPONENTS OF PROPOSED PROJECT OPERATING  PLANS  AS
REFERENCED IN PARAGRAPHS (B), (C) AND (D) OF SUBDIVISION FOUR OF SECTION
TWELVE HUNDRED TWENTY-FIVE OF THIS ARTICLE.
  S  1224.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE  CONTEXT  CLEARLY  REQUIRES
OTHERWISE:
  1. "CORPORATION" SHALL MEAN THE HOMELESS HOUSING AND ASSISTANCE CORPO-
RATION ESTABLISHED IN SECTION FORTY-FIVE-C OF THIS CHAPTER.
  2. "HOMELESS PROJECT" SHALL MEAN A SPECIFIC FACILITY, INCLUDING LANDS,
BUILDINGS AND IMPROVEMENTS ACQUIRED, CONSTRUCTED, RENOVATED OR REHABILI-
TATED AND OPERATED BY A NOT-FOR-PROFIT CORPORATION, CHARITABLE ORGANIZA-
TION,  WHOLLY  OWNED  SUBSIDIARY OF A NOT-FOR-PROFIT CORPORATION OR OF A
CHARITABLE  ORGANIZATION,  PUBLIC  CORPORATION  OR  A  MUNICIPALITY   TO
INCREASE THE AVAILABILITY OF HOUSING FOR HOMELESS PERSONS, WHICH (A) MAY
INCLUDE  FACILITIES  FOR  ASSOCIATED SERVICES SUCH AS BUT NOT LIMITED TO
DINING,  RECREATIONAL,  SANITARY,  SOCIAL,  MEDICAL  AND  MENTAL  HEALTH
SERVICES  AS  MAY BE DEEMED BY THE CORPORATION TO BE ESSENTIAL TO SUCH A
PROJECT; AND (B) MUST PROVIDE DIRECTLY OR ARRANGE INDIRECTLY  SUPPORTIVE
SERVICES,  AS  DEEMED  BY THE CORPORATION TO BE APPROPRIATE TO THE POPU-
LATION TO BE HOUSED AND ESSENTIAL TO SUCH A PROJECT.
  3. "HOMELESS PERSON" SHALL MEAN A PERSON OR FAMILY WHO  IS  UNABLE  TO
SECURE  PERMANENT  AND  STABLE  HOUSING  WITHOUT  SPECIAL ASSISTANCE, AS
DETERMINED BY THE CORPORATION.
  4. "PROJECT COST" SHALL MEAN THE  COST  OF  ANY  OR  ALL  UNDERTAKINGS
NECESSARY   FOR   PLANNING,  FINANCING,  LAND  ACQUISITION,  DEMOLITION,
CONSTRUCTION, REHABILITATION, EQUIPMENT, FURNITURE AND SITE DEVELOPMENT.
  5. "OTHER THAN PROJECT COST" SHALL MEAN COSTS ASSOCIATED WITH SUSTAIN-
ING THE LONG-TERM VIABILITY OF THE PROJECT, INCLUDING, BUT  NOT  LIMITED
TO  STARTUP  COSTS, RESERVES, EMERGENT REPAIR NEEDS AND RELATED COSTS TO
THE CORPORATION OF STABILIZING OPERATING PROJECTS,  AS  MAY  BE  FURTHER

S. 2607                            37                            A. 3007

DEFINED  IN  THE  REGULATIONS  AND  SUBJECT TO THE LIMITATIONS STATED IN
SUBDIVISION NINE OF SECTION TWELVE HUNDRED TWENTY-FIVE OF THIS ARTICLE.
  6.  "NOT-FOR-PROFIT  CORPORATION"  AND "CHARITABLE ORGANIZATION" SHALL
MEAN ENTITIES ESTABLISHED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW
OR OTHERWISE ESTABLISHED PURSUANT TO LAW.
  7. "PUBLIC CORPORATION" SHALL MEAN A MUNICIPAL CORPORATION, A DISTRICT
CORPORATION, OR A PUBLIC BENEFIT CORPORATION.
  S 1225. HOMELESS HOUSING  AND  ASSISTANCE  CONTRACTS.  1.  WITHIN  THE
LIMITS  OF  FUNDS  APPROPRIATED  FOR THE HOMELESS HOUSING AND ASSISTANCE
PROGRAM, THE CORPORATION IS AUTHORIZED  TO  ENTER  INTO  CONTRACTS  WITH
MUNICIPALITIES  TO  PROVIDE  STATE  FINANCIAL ASSISTANCE FOR THE PROJECT
COSTS ATTRIBUTABLE TO THE ESTABLISHMENT OF  HOMELESS  HOUSING  PROJECTS.
THE  MUNICIPALITIES THAT ENTER INTO CONTRACTS WITH THE CORPORATION SHALL
UNDERTAKE THE ESTABLISHMENT OF THE HOMELESS  HOUSING  PROJECT  OR  SHALL
CONTRACT WITH A NOT-FOR-PROFIT CORPORATION OR CHARITABLE ORGANIZATION TO
UNDERTAKE THE PROJECT, PURSUANT TO THIS ARTICLE.
  2.  SUBJECT  TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE CORPO-
RATION IS AUTHORIZED TO ENTER INTO CONTRACTS WITH NOT-FOR-PROFIT  CORPO-
RATIONS  OR  SUBSIDIARIES  THEREOF,  PUBLIC  CORPORATIONS  OR CHARITABLE
ORGANIZATIONS OR SUBSIDIARIES THEREOF TO PROVIDE STATE FINANCIAL ASSIST-
ANCE FOR THE PROJECT COSTS ATTRIBUTABLE TO THE ESTABLISHMENT OF HOMELESS
PROJECTS.
  3. THE STATE FINANCIAL ASSISTANCE SHALL BE  IN  THE  FORM  OF  GRANTS,
LOANS  OR  LOAN  GUARANTEES, AS THE CORPORATION MAY DETERMINE; PROVIDED,
HOWEVER, THAT FINANCIAL ASSISTANCE TO A FOR-PROFIT SUBSIDIARY OF A  NOT-
FOR-PROFIT  CORPORATION  OR  OF A CHARITABLE ORGANIZATION MUST BE IN THE
FORM OF A LOAN OR LOAN GUARANTEE. ANY LOAN TO  A  FOR-PROFIT  SUBSIDIARY
SHALL BE REPAID UNDER SUCH TERMS AS WILL PROTECT THE FINANCIAL VIABILITY
OF  THE PROJECT.  SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET,
THE CORPORATION MAY CONTRACT WITH OTHER STATE AGENCIES,  PUBLIC  BENEFIT
CORPORATIONS  OR PRIVATE INSTITUTIONS TO ADMINISTER A LOAN OR LOAN GUAR-
ANTEE PROGRAM PURSUANT TO REGULATIONS TO BE PROMULGATED  BY  THE  CORPO-
RATION.
  4.  THE  CORPORATION  SHALL  REQUIRE  THAT,  IN ORDER TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, THE MUNICIPALITY,  NOT-FOR-PROFIT  CORPORATION
OR  SUBSIDIARY THEREOF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR
SUBSIDIARY THEREOF MUST  SUBMIT  AN  OPERATING  PLAN.  SUCH  PLAN  SHALL
INCLUDE:
  (A) THE MANNER IN WHICH THE OPERATING EXPENSES OF THE PROJECT SHALL BE
MET;
  (B)  THE SERVICES THAT WILL BE PROVIDED TO HOMELESS PERSONS, INCLUDING
PROCEDURES FOR INTAKE, REFERRAL AND OUTREACH;
  (C) THE RESPONSIBILITIES  OF  THE  MUNICIPALITY  AND  SOCIAL  SERVICES
DISTRICT FOR THE OPERATION OF THE PROJECT;
  (D) THE SPECIFIC POPULATION THAT WILL BE SERVED BY THE PROJECT AND HOW
THE PROJECT WILL ADDRESS THE POPULATION'S SPECIAL NEEDS;
  (E) THE CATEGORY OF FACILITY PROPOSED TO BE ESTABLISHED;
  (F)  EVIDENCE  DEMONSTRATING THAT SUCH PROJECT COMPLIES OR WILL COMPLY
WITH EXISTING LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS; AND
  (G) A RENT OR OTHER REVENUE STRUCTURE THAT IS AFFORDABLE TO THE  POPU-
LATION TO BE HOUSED.
  5.  THE CORPORATION MAY USE UP TO TWO PERCENT OF THE APPROPRIATION FOR
ANY FISCAL YEAR TO PAY FOR TECHNICAL ASSISTANCE IN  SUPPORT  OF  PROJECT
DEVELOPMENT  AND  OPERATION. TECHNICAL ASSISTANCE MAY INCLUDE ASSISTANCE
WITH GENERAL PROJECT DEVELOPMENT AND OPERATION, SUPPORT SERVICES  DEVEL-
OPMENT,  ARCHITECTURE  AND  ENGINEERING,  LEGAL  SERVICES  AND FINANCIAL

S. 2607                            38                            A. 3007

SERVICES AND MAY BE PROVIDED BY INDIVIDUALS AND NOT-FOR-PROFIT OR  BUSI-
NESS CORPORATIONS. THE PROVIDERS OF TECHNICAL ASSISTANCE SHALL BE CHOSEN
BY  THE  CORPORATION  BASED ON SUCH INFORMATION AS THE CORPORATION SHALL
REQUIRE  IN  A REQUEST FOR PROPOSALS OR IN ANY OTHER COMPETITIVE PROCESS
WHICH SATISFIES THE PROVISIONS OF THE STATE FINANCE LAW.
  6. PRIOR TO ENTERING INTO A CONTRACT FOR THE ESTABLISHMENT AND  OPERA-
TION  OF  A  HOMELESS  PROJECT PURSUANT TO THIS SECTION, THE CORPORATION
SHALL DETERMINE THAT THE NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THERE-
OF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY  THEREOF
THAT PROPOSES TO UNDERTAKE THE HOMELESS PROJECT IS A BONA FIDE ORGANIZA-
TION  WHICH  SHALL  HAVE DEMONSTRATED BY ITS PAST AND CURRENT ACTIVITIES
THAT IT  HAS  THE  ABILITY  TO  MAINTAIN,  MANAGE  OR  OPERATE  HOMELESS
PROJECTS,  THAT  THE  ORGANIZATION  IS FINANCIALLY RESPONSIBLE, THAT THE
PROPOSED PROJECT IS FINANCIALLY VIABLE AND THAT  THE  PROJECT  PLAN  HAS
BEEN  DETERMINED  TO BE APPROPRIATE FOR THE NEEDS OF THE HOMELESS IN THE
RELEVANT COMMUNITY.
  7. EVERY CONTRACT ENTERED INTO FOR THE ESTABLISHMENT AND OPERATION  OF
A  HOMELESS  PROJECT  PURSUANT TO THIS ARTICLE SHALL CONTAIN A PROVISION
THAT IN THE EVENT THE PROPERTY WHICH IS THE  SUBJECT  OF  SUCH  CONTRACT
CEASES  TO  BE  USED  AS A HOMELESS PROJECT DURING A FIFTEEN-YEAR PERIOD
COMMENCING WITH THE DATE OF THE CORPORATION'S WRITTEN APPROVAL OF  OCCU-
PANCY  OF  THE HOMELESS PROJECT, OR SUCH LONGER PERIOD OF TIME AS MAY BE
ESTABLISHED IN THE  CONTRACT,  OR  IN  CASE  OF  ANY  OTHER  SUBSTANTIAL
VIOLATION,  THE  CORPORATION  MAY TERMINATE THE CONTRACT AND MAY REQUIRE
THE REPAYMENT OF ANY MONEYS PREVIOUSLY  ADVANCED  TO  THE  MUNICIPALITY,
NOT-FOR-PROFIT  CORPORATION OR SUBSIDIARY THEREOF, PUBLIC CORPORATION OR
CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF PURSUANT TO THE  TERMS  OF
SUCH CONTRACT. WHERE THE MUNICIPALITY HAS ENTERED INTO A CONTRACT WITH A
NOT-FOR-PROFIT  CORPORATION OR SUBSIDIARY THEREOF, PUBLIC CORPORATION OR
CHARITABLE ORGANIZATION OR  SUBSIDIARY  THEREOF,  THE  CORPORATION  MAY,
PURSUANT  TO  THIS  SUBDIVISION, REQUIRE THAT THE MUNICIPALITY TERMINATE
THE CONTRACT WITH SUCH CORPORATION. ANY MONEY REPAID  PURSUANT  TO  THIS
SUBDIVISION  SHALL  BE  RETURNED  TO THE HOMELESS HOUSING AND ASSISTANCE
ACCOUNT.
  8. EACH CONTRACT ENTERED INTO FOR THE ESTABLISHMENT AND OPERATION OF A
HOMELESS PROJECT PURSUANT TO  THIS  ARTICLE  SHALL  BE  SUBJECT  TO  THE
APPROVAL  OF THE DIRECTOR OF THE BUDGET AND SHALL PROVIDE FOR PAYMENT TO
THE MUNICIPALITY,  NOT-FOR-PROFIT  CORPORATION  OR  SUBSIDIARY  THEREOF,
PUBLIC  CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF FOR
THE PROJECT COSTS RELATED TO THE HOMELESS PROJECT TO BE  ESTABLISHED  BY
IT, PURSUANT TO A PAYMENT SCHEDULE.  THE FULL AMOUNT OF THE CONTRACT, OR
ANY  APPROPRIATE  PORTION  THEREOF, AS DETERMINED BY THE CORPORATION AND
SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL  BE  AVAIL-
ABLE  FOR  PAYMENT  AT  ANY  TIME  ON OR AFTER THE EFFECTIVE DATE OF THE
CONTRACT.
  9. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  ARTICLE,  THE  CORPO-
RATION MAY, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, ENTER
INTO  CONTRACTS  TO  PROVIDE FINANCIAL ASSISTANCE FOR OTHER THAN PROJECT
COSTS WHERE SUCH FINANCIAL ASSISTANCE CAN BE DEMONSTRATED TO  BE  NECES-
SARY; PROVIDED, HOWEVER, THAT NO MORE THAN TWENTY-FIVE PER CENTUM OF THE
TOTAL AMOUNT APPROPRIATED FOR THE PURPOSES OF THIS ARTICLE IN ANY FISCAL
YEAR  SHALL  BE  ALLOCATED IN CONTRACTS FOR OTHER THAN PROJECT COSTS. IN
DETERMINING WHETHER FINANCIAL ASSISTANCE FOR OTHER THAN PROJECT COSTS IS
NECESSARY, THE CORPORATION SHALL CONSIDER THE  PROPOSED  PROJECT'S  PLAN
FOR  MEETING  OPERATING  EXPENSES,  THE  EFFORTS MADE BY THE CONTRACTING
ORGANIZATIONS TO SECURE ALTERNATIVE SOURCES OF FUNDING  FOR  OTHER  THAN

S. 2607                            39                            A. 3007

PROJECT  COSTS,  AND  SUCH  OTHER  FACTORS AS THE CORPORATION SHALL DEEM
APPROPRIATE.
  10.  THE MUNICIPALITY, NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THERE-
OF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY  THEREOF
SEEKING  FINANCIAL  ASSISTANCE  PURSUANT  TO  THIS ARTICLE SHALL, WITHIN
THIRTY DAYS OF ITS APPLICATION FOR SUCH  ASSISTANCE,  NOTIFY  THE  LOCAL
PLANNING  BOARD,  AS DEFINED BY SECTION TWENTY-SEVEN OF THE GENERAL CITY
LAW, SECTION TWO HUNDRED SEVENTY-ONE OF THE TOWN LAW, OR  SECTION  7-718
OF  THE  VILLAGE  LAW,  APPROPRIATE FOR THE GEOGRAPHIC AREA IN WHICH THE
PROPOSED HOMELESS PROJECT WOULD BE LOCATED, AND SHALL PROVIDE SUCH BOARD
WITH INFORMATION REGARDING THE PROPOSED HOMELESS PROJECT.
  S 1226. GENERAL AND  ADMINISTRATIVE  PROVISIONS.  1.  THE  CORPORATION
SHALL  ISSUE AND PROMULGATE RULES AND REGULATIONS FOR THE ADMINISTRATION
OF THIS ARTICLE. THE RULES AND  REGULATIONS  SHALL  PROVIDE  THAT  STATE
FINANCIAL  ASSISTANCE  PURSUANT  TO  THIS  ARTICLE WILL NOT BE AVAILABLE
UNLESS AN APPLICATION HAS BEEN FILED BY THE MUNICIPALITY, NOT-FOR-PROFIT
CORPORATION OR SUBSIDIARY  THEREOF,  PUBLIC  CORPORATION  OR  CHARITABLE
ORGANIZATION  OR  SUBSIDIARY THEREOF PURSUANT TO A REQUEST FOR PROPOSALS
ISSUED BY THE CORPORATION.  THE  RULES  AND  REGULATIONS  SHALL  INCLUDE
PROVISIONS  CONCERNING  ELIGIBILITY  OF  MUNICIPALITIES  AND CONTRACTING
NOT-FOR-PROFIT CORPORATIONS OR SUBSIDIARIES THEREOF, PUBLIC CORPORATIONS
AND CHARITABLE ORGANIZATIONS OR SUBSIDIARIES THEREOF FOR STATE FINANCIAL
ASSISTANCE; THE FORM OF THE APPLICATIONS FOR CONTRACTS; FUNDING CRITERIA
AND THE FUNDING DETERMINATION PROCESS; THE FORM OF THE CONTRACTS; SUPER-
VISION AND EVALUATION OF THE CONTRACTING MUNICIPALITIES OR CORPORATIONS;
REPORTING, BUDGETING AND  RECORD-KEEPING  REQUIREMENTS;  PROVISIONS  FOR
MODIFICATION,  TERMINATION, EXTENSION AND RENEWAL OF CONTRACTS; AND SUCH
OTHER MATTERS NOT INCONSISTENT WITH THE PURPOSES AND PROVISIONS OF  THIS
ARTICLE AS THE CORPORATION SHALL DEEM NECESSARY, PROPER OR APPROPRIATE.
  2.  THE  CORPORATION  MAY PROVIDE THAT PREFERENCE BE GIVEN TO CONTRACT
APPLICATIONS THAT (A) INVOLVE OTHER SOURCES OF FUNDS (MUNICIPAL, FEDERAL
OR ANY SOURCE OTHER THAN THE STATE), IN-KIND CONTRIBUTIONS MADE BY  SUCH
SOURCES, OR INVOLVE PROJECTS RECEIVING STATE FINANCIAL ASSISTANCE PURSU-
ANT  TO  CHAPTERS  THREE HUNDRED THIRTY-EIGHT, THREE HUNDRED THIRTY-NINE
AND FIVE HUNDRED FORTY-NINE OF THE LAWS OF NINETEEN HUNDRED  EIGHTY-TWO,
IN  ORDER  TO  MAXIMIZE  THE EFFECT OF STATE FINANCIAL ASSISTANCE OR (B)
INVOLVE INNOVATIVE AND COST-EFFECTIVE HOMELESS PROJECTS  THAT  MAY  HELP
RESOLVE  THE LONG-TERM PROBLEMS OF THE HOMELESS OR (C) INVOLVE THE REHA-
BILITATION OF EXISTING STRUCTURES.
  3. THE CORPORATION SHALL EVALUATE THE NEED FOR  HOMELESS  PROJECTS  IN
VARIOUS AREAS OF THE STATE AND AMONG VARIOUS POPULATIONS, INCLUDING, BUT
NOT  LIMITED  TO,  HOMELESS  MEN,  WOMEN,  FAMILIES,  PERSONS WITH AIDS,
PERSONS WITH SUBSTANCE ABUSE ISSUES AND/OR MENTAL  ILLNESS,  VICTIMS  OF
DOMESTIC  VIOLENCE,  VETERANS,  RUNAWAY  YOUTH,  AS  IDENTIFIED IN LOCAL
ASSESSMENTS OF NEEDS, AND SHALL ALLOCATE FUNDS, TO THE EXTENT  PRACTICA-
BLE, TO MEET THESE NEEDS; PROVIDED, HOWEVER, THAT NO MORE THAN SIXTY PER
CENTUM  OF THE TOTAL AMOUNT APPROPRIATED PURSUANT TO THIS ARTICLE IN ANY
FISCAL YEAR SHALL BE ALLOCATED TO CONTRACTS FOR HOMELESS PROJECTS WITHIN
ANY SINGLE MUNICIPALITY, UNLESS THE CORPORATION DETERMINES THAT IT IS IN
THE BEST INTEREST OF THE STATE IN FURTHERANCE OF THE  PURPOSES  OF  THIS
ARTICLE.
  4.  THE  CORPORATION  SHALL PROVIDE FOR THE REVIEW, AT PERIODIC INTER-
VALS, OF THE PERFORMANCE OF THE  MUNICIPALITIES,  NOT-FOR-PROFIT  CORPO-
RATIONS  OR  SUBSIDIARIES  THEREOF,  PUBLIC  CORPORATIONS AND CHARITABLE
ORGANIZATIONS OR SUBSIDIARIES  THEREOF  RECEIVING  FINANCIAL  ASSISTANCE
PURSUANT TO THIS ARTICLE.  SUCH REVIEW SHALL, AMONG OTHER THINGS, BE FOR

S. 2607                            40                            A. 3007

THE  PURPOSES  OF ASCERTAINING CONFORMITY TO CONTRACTUAL PROVISIONS, THE
FINANCIAL INTEGRITY AND EFFICIENCY OF THE ORGANIZATIONS AND  THE  EVALU-
ATION  OF  THE  PROJECT. CONTRACTS ENTERED INTO PURSUANT TO THIS ARTICLE
MAY  BE  TERMINATED  BY  THE  CORPORATION  UPON A FINDING OF SUBSTANTIAL
NONPERFORMANCE OR OTHER BREACH BY THE ORGANIZATION  OF  ITS  OBLIGATIONS
UNDER ITS CONTRACT WITH THE MUNICIPALITY.
  5.  THE  CORPORATION  SHALL  REQUIRE  THAT  ALL HOMELESS PROJECTS THAT
RECEIVED FINANCIAL ASSISTANCE PURSUANT TO THIS ARTICLE SHALL COMPLY WITH
ALL REGULATIONS APPLICABLE TO PROJECTS OF THIS TYPE PROMULGATED  BY  THE
CORPORATION AND OTHER MUNICIPAL, STATE AND FEDERAL REGULATIONS AND LAWS.
THE  CORPORATION  MAY  TERMINATE  ANY  CONTRACT  UPON  A  FINDING THAT A
SUBSTANTIAL VIOLATION OF SUCH REGULATIONS OR LAWS  HAS  REMAINED  UNCOR-
RECTED FOR A SUBSTANTIAL PERIOD OF TIME.
  6. ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND FOURTEEN AND ON OR BEFORE
FEBRUARY  FIRST  OF  EACH  YEAR THEREAFTER IN WHICH CONTRACTS UNDER THIS
SECTION ARE IN FORCE, THE CORPORATION SHALL SUBMIT TO THE GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY A
REPORT DETAILING PROGRESS  AND  EVALUATING  RESULTS,  TO  DATE,  OF  THE
PROGRAM.
  7.  NOTWITHSTANDING  THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW, THE
DIRECTOR OF THE BUDGET IS AUTHORIZED TO TRANSFER TO THE HOMELESS HOUSING
AND ASSISTANCE ACCOUNT FUNDS OTHERWISE APPROPRIATED OR REAPPROPRIATED TO
HOUSING AND COMMUNITY RENEWAL FOR THE  FISCAL  YEARS  BEGINNING  ON  AND
AFTER  APRIL  FIRST,  TWO THOUSAND THIRTEEN, IN AN AMOUNT OR AMOUNTS THE
DIRECTOR OF THE BUDGET DETERMINES TO  BE  NECESSARY  TO  CARRY  OUT  THE
PROVISIONS OF THE HOMELESS HOUSING AND ASSISTANCE PROGRAM.
  S  3.  Subdivisions 2, 3, 3-a, 8 and 10 of section 45-c of the private
housing finance law, as added by chapter 215 of the laws  of  1990,  are
amended to read as follows:
  2.  The  agency  may transfer to such subsidiary corporation any real,
personal or mixed property in order to carry out the purposes of  [title
one of article two-A of the social services law] ARTICLE TWENTY-EIGHT OF
THIS CHAPTER. Such subsidiary corporation shall have all the privileges,
immunities,  tax  exemption  and  other  exemptions of the agency to the
extent the same are not inconsistent with this section.
  3. The membership of such subsidiary corporation shall consist of  the
commissioner  of  [social  services]  THE  STATE DIVISION OF HOUSING AND
COMMUNITY RENEWAL, who shall also serve as its chairperson,  the  chair-
person  of  the  agency, THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, THE COMMISSIONER OF THE OFFICE OF  MENTAL  HEALTH
and  [one  additional  member  to be appointed by the chairperson of the
homeless housing and assistance corporation,  who  shall  serve  at  the
pleasure of such chairperson] THE COMMISSIONER OF THE OFFICE OF ALCOHOL-
ISM AND SUBSTANCE ABUSE SERVICES. The powers of the corporation shall be
vested in and exercised by no less than [two] THREE of the members ther-
eof  then  in office. The corporation may delegate to one or more of its
members, or its officers, agents and employees, such duties  and  powers
as it may deem proper.
  3-a.  [The  commissioner  of  social services, and the chairman of the
agency] MEMBERS OF THE CORPORATION may each  appoint  an  individual  to
represent them at all meetings of the corporation from which they may be
absent.  Any  such  representative so designated shall have the power to
attend and to vote at any meeting of the corporation [as if the  commis-
sioner  of social services or chairperson of the agency were present and
voting]. Such designation shall be by  written  notice  filed  with  the
chairperson  of  the  corporation.  The designation of such person shall

S. 2607                            41                            A. 3007

continue until revoked at any time by  written  notice  to  such  chair-
person.  Such  designation shall not be deemed to limit the power of the
[commissioner of social services  or  the  chairperson  of  the  agency]
MEMBERS  OF  THE  CORPORATION  to  attend and vote at any meeting of the
corporation.
  8. The corporation may do any and all things necessary  or  convenient
to  carry  out and exercise the powers given and granted by this section
and [title one of article two-A of  the  social  services  law]  ARTICLE
TWENTY-EIGHT  OF  THIS CHAPTER including, but not limited to contracting
with the commissioner of [social services] THE STATE DIVISION OF HOUSING
AND COMMUNITY RENEWAL to administer any of the provisions of [title  one
of  article  two-A  of  the social services law] ARTICLE TWENTY-EIGHT OF
THIS CHAPTER.
  10. Notwithstanding the provisions of  article  one-A  of  the  public
authorities  law,  contracts entered into by the corporation pursuant to
[title one of article two-A of the social services law] ARTICLE  TWENTY-
EIGHT  OF THIS CHAPTER shall not be subject to the provisions of article
one-A of the public authorities law.
  S 4. Section 59-i of the private housing  finance  law,  as  added  by
chapter 215 of the laws of 1990, is amended to read as follows:
  S  59-i. Homeless housing and assistance account. The homeless housing
and assistance corporation  created  by  section  forty-five-c  of  this
[chapter]  ARTICLE  shall  create  and establish a special account to be
known as the homeless housing and assistance account and shall pay  into
such  account any moneys which may be made available to such corporation
for the purposes of such account  from  any  source  including  but  not
limited  to moneys appropriated by and made available pursuant to appro-
priation by the state and any income or interest earned by, or increment
to, the account due to the investment thereof. The  moneys  held  in  or
credited  to  the  homeless  housing  and assistance account established
under this section shall be expended solely to carry out the  provisions
of [title one of article two-A of the social services law] ARTICLE TWEN-
TY-EIGHT OF THIS CHAPTER.
  S  5.  This act shall take effect immediately, provided, however, that
the rules and regulations currently in effect,  as  established  by  the
office  of  temporary and disability assistance, shall continue to be in
effect as rules and regulations of the corporation until  superseded  by
rules  and  regulations  issued  by  the homeless housing and assistance
corporation. Enactment of this act shall be deemed a transfer  of  func-
tion pursuant to subdivision 2 of section 70 of the civil service law.

                                 PART G

  Section  1.  Subdivisions 4 and 5 of section 412 of the executive law,
as amended by chapter 182 of the laws of 2002, are amended  to  read  as
follows:
  4. "Municipality" shall mean a county, [city, village, town, that part
of  a  town not included within the boundaries of a village, or a school
district (if approved for such purpose by the commissioner, in instances
where no other municipality, overlapping such school district  in  whole
or  part,  is  receiving state aid pursuant to this article or upon such
other basis as the commissioner shall by regulation determine).  Munici-
pality may mean an Indian reservation, subject to rules and  regulations
of the office] OR A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  5.  "Youth  DEVELOPMENT program" shall mean a ["youth bureau," "recre-
ation project"  or  "youth  service"  project  established  under  prior

S. 2607                            42                            A. 3007

authorizing  legislation establishing a temporary state youth commission
as well as similar] local [programs] PROGRAM designed to accomplish  the
broad purposes of this article[. The definition, determination and clas-
sification  of  youth  programs  shall  be]  subject to [approval by the
office in accordance with] THE rules and regulations [adopted by it]  OF
THE OFFICE; PROVIDED HOWEVER, THE TERM "YOUTH DEVELOPMENT PROGRAM" SHALL
NOT INCLUDE APPROVED RUNAWAY PROGRAMS OR TRANSITIONAL INDEPENDENT LIVING
SUPPORT PROGRAMS AS SUCH TERMS ARE DEFINED IN SECTION FIVE HUNDRED THIR-
TY-TWO-A OF THIS CHAPTER.
  S 2. Subdivision 1 of section 420 of the executive law is REPEALED and
a new subdivision 1 is added to read as follows:
   1.  A.  (1)  EACH  MUNICIPALITY OPERATING A YOUTH DEVELOPMENT PROGRAM
APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE ELIGIBLE
FOR ONE HUNDRED PERCENT STATE REIMBURSEMENT OF  ITS  QUALIFIED  EXPENDI-
TURES,  SUBJECT TO AVAILABLE APPROPRIATIONS AND EXCLUSIVE OF ANY FEDERAL
FUNDS MADE AVAILABLE THEREFOR, NOT TO EXCEED THE MUNICIPALITY'S DISTRIB-
UTION OF STATE AID UNDER THIS ARTICLE.
  (2) THE STATE AID APPROPRIATED FOR YOUTH DEVELOPMENT PROGRAMS SHALL BE
DISTRIBUTED BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES  TO  ELIGIBLE
MUNICIPALITIES  THAT  HAVE  AN  APPROVED  COMPREHENSIVE PLAN PURSUANT TO
SUBPARAGRAPH TWO OF PARAGRAPH C OF  THIS  SUBDIVISION.  SUCH  STATE  AID
SHALL  BE  LIMITED  TO  THE FUNDS SPECIFICALLY APPROPRIATED THEREFOR AND
SHALL BE BASED ON FACTORS THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
NUMBER OF YOUTH UNDER THE AGE OF TWENTY-ONE RESIDING IN THE MUNICIPALITY
AS SHOWN BY THE LAST PUBLISHED FEDERAL  CENSUS  CERTIFIED  IN  THE  SAME
MANNER AS PROVIDED BY SECTION FIFTY-FOUR OF THE STATE FINANCE LAW.
  (3)  ELIGIBLE  MUNICIPALITIES MAY CLAIM UP TO FIFTEEN PERCENT OF THEIR
DISTRIBUTION FOR THE OPERATION OF A YOUTH BUREAU. THE OFFICE  SHALL  NOT
REIMBURSE ANY CLAIMS UNDER THIS SECTION UNLESS THEY ARE SUBMITTED WITHIN
TWELVE MONTHS OF THE CALENDAR QUARTER IN WHICH THE EXPENDITURE WAS MADE.
THE OFFICE MAY REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE OFFICE ELEC-
TRONICALLY IN THE MANNER AND FORMAT REQUIRED BY THE OFFICE.
  B.  YOUTH  DEVELOPMENT PROGRAMS SHALL PROVIDE COMMUNITY-LEVEL SERVICES
DESIGNED TO  PROMOTE  POSITIVE  YOUTH  DEVELOPMENT.  SUCH  PROGRAMS  MAY
INCLUDE,  BUT  NOT  BE  LIMITED  TO:  PROGRAMS THAT PROMOTE PHYSICAL AND
EMOTIONAL WELLNESS, EDUCATIONAL ACHIEVEMENT OR CIVIC, FAMILY AND  COMMU-
NITY  ENGAGEMENT;  FAMILY  SUPPORT  SERVICES;  SERVICES TO PREVENT CHILD
ABUSE AND NEGLECT; SERVICES TO AVERT  FAMILY  CRISES;  AND  SERVICES  TO
ASSIST YOUTH IN NEED OF CRISIS INTERVENTION OR RESPITE SERVICES. SUBJECT
TO  THE  REGULATIONS  OF  THE  OFFICE,  A  MUNICIPALITY  MAY  ENTER INTO
CONTRACTS TO EFFECTUATE ITS YOUTH DEVELOPMENT  PROGRAM  ESTABLISHED  AND
APPROVED AS PROVIDED IN THIS ARTICLE.
  C.  EACH  MUNICIPALITY  SHALL  DEVELOP, IN CONSULTATION WITH THE YOUTH
BUREAU, A COMPREHENSIVE PLAN TO OFFER YOUTH DEVELOPMENT  PROGRAMS.  SUCH
COMPREHENSIVE  PLAN  SHALL  BE  SUBJECT TO THE APPROVAL OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH SUBPARAGRAPH TWO OF THIS
PARAGRAPH AND SHALL BE SUBMITTED BY EACH MUNICIPALITY IN A MANNER AND AT
SUCH TIMES AND FOR SUCH PERIODS AS THE OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES SHALL DETERMINE.
  (1) SUCH COMPREHENSIVE PLAN SHALL:
  (I)  ADDRESS  THE  NEED  IN  THE  MUNICIPALITY  FOR  YOUTH DEVELOPMENT
PROGRAMS IN TOWNS AND CITIES WHICH HAVE A  YOUTH  POPULATION  OF  TWENTY
THOUSAND OR MORE PERSONS;
  (II)  (A)  ASSESS  THE  NEED IN THE MUNICIPALITY FOR YOUTH DEVELOPMENT
PROGRAMS THAT ASSIST RUNAWAY AND HOMELESS YOUTH AND  YOUTH  IN  NEED  OF
CRISIS INTERVENTION OR RESPITE SERVICES;

S. 2607                            43                            A. 3007

  (B)  IF  THE MUNICIPALITY IS SEEKING STATE AID TO PROVIDE SERVICES FOR
RUNAWAY AND HOMELESS YOUTH, AS DEFINED IN  ARTICLE  NINETEEN-H  OF  THIS
CHAPTER, THE RUNAWAY AND HOMELESS YOUTH PLAN, AS REQUIRED BY SUBDIVISION
TWO  OF  THIS  SECTION,  SHALL BE SUBMITTED AS PART OF THE COMPREHENSIVE
PLAN THAT IS REQUIRED PURSUANT TO THIS PARAGRAPH; PROVIDED HOWEVER, THAT
STATE  AID  TO  PROVIDE SERVICES FOR RUNAWAY AND HOMELESS YOUTH SERVICES
SHALL BE FROM AND LIMITED TO  FUNDS  APPROPRIATED  SEPARATELY  FOR  SUCH
RUNAWAY  AND HOMELESS YOUTH PROGRAM PURPOSES BY THE STATE, AND SHALL NOT
BE INCLUDED UNDER THE LIMITS SET FORTH IN THIS SUBDIVISION;
  (III) SPECIFY HOW THE MUNICIPALITY WILL MEASURE  PERFORMANCE  OUTCOMES
FOR SUCH SERVICES AND PROGRAMS COVERED UNDER THE PLAN;
  (IV)  SPECIFY  THE  PROJECTED  PERFORMANCE  OUTCOMES  FOR SERVICES AND
PROGRAMS COVERED UNDER THE PLAN, INCLUDING PROJECTED  POSITIVE  OUTCOMES
FOR YOUTH WHO PARTICIPATE IN THE SERVICES AND PROGRAMS; AND
  (V)  PROVIDE  INFORMATION  ON  THE  PERFORMANCE  OUTCOMES  OF SERVICES
PROVIDED UNDER THE MUNICIPALITY'S MOST RECENT PLAN APPROVED PURSUANT  TO
THIS  SUBDIVISION, INCLUDING OUTCOME BASED MEASURES THAT DEMONSTRATE THE
QUALITY OF SERVICES PROVIDED AND PROGRAM EFFECTIVENESS OF PROGRAMS FUND-
ED UNDER SUCH PLAN.
  (2) THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE ALL OR PART
OF A MUNICIPALITY'S COMPREHENSIVE PLAN. IF THE OFFICE DOES NOT APPROVE A
MUNICIPALITY'S COMPREHENSIVE PLAN, SUCH MUNICIPALITY  SHALL  HAVE  SIXTY
DAYS FROM RECEIPT OF THE NOTIFICATION OF DISAPPROVAL TO SUBMIT A REVISED
PLAN.
  S  3. Subdivision 2 of section 420 of the executive law, as amended by
chapter 182 of the laws of 2002, is amended to read as follows:
  2. Runaway and homeless youth plan; state aid.
  a. A [county] MUNICIPALITY may submit to the [commissioner] OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES a plan for the providing of services for
runaway and homeless youth, as defined in  article  nineteen-H  of  this
chapter.  Where such [county] MUNICIPALITY is receiving state aid pursu-
ant to paragraph a of subdivision one of this section, such runaway  and
homeless  youth  plan  shall  be  submitted as part of the comprehensive
[county] plan and shall be consistent  with  the  goals  and  objectives
therein. A runaway and homeless youth plan shall be developed in consul-
tation with the county youth bureau and the county or city department of
social  services,  shall  be  in  accordance with the regulations of the
[commissioner] OFFICE OF CHILDREN AND FAMILY SERVICES, shall provide for
a coordinated range of services for runaway and homeless youth and their
families including preventive, temporary shelter, transportation,  coun-
seling,  and other necessary assistance, and shall provide for the coor-
dination of all available county  resources  for  runaway  and  homeless
youth and their families including services available through the county
youth  bureau,  the  county or city department of social services, local
boards of education, local drug and alcohol programs  and  organizations
or programs which have past experience dealing with runaway and homeless
youth.  Such  plan  may  include provisions for transitional independent
living support programs for homeless youth between the ages  of  sixteen
and  twenty-one  as provided in article nineteen-H of this chapter. Such
plan shall also provide for the designation and duties  of  the  runaway
and  homeless  youth service coordinator defined in section five hundred
thirty-two-a of this chapter who is  available  on  a  twenty-four  hour
basis  and  maintains  information  concerning  available shelter space,
transportation and services. Such plan may include provision for the per
diem reimbursement for residential care of runaway and homeless youth in
approved runaway programs which are authorized agencies,  provided  that

S. 2607                            44                            A. 3007

such  per diem reimbursement shall not exceed a total of thirty days for
any one youth.
  b.  Each  [county]  MUNICIPALITY  shall  submit  to the [commissioner]
OFFICE OF CHILDREN AND FAMILY SERVICES such  additional  information  as
the [commissioner] OFFICE shall require, including but not limited to:
  (1)  A  description  of  the  current  runaway and homeless population
including their age, place of origin, family status, service  needs  and
eventual disposition;
  (2)  A  description  of  the public and private resources available to
serve runaway and homeless youth within the county;
  (3) A description of new services to be provided and current  services
to be expanded.
  c.  The  [commissioner]  OFFICE  OF CHILDREN AND FAMILY SERVICES shall
review such plan IN ACCORDANCE WITH SUBPARAGRAPH TWO OF PARAGRAPH  C  OF
SUBDIVISION  ONE OF THIS SECTION and may approve or disapprove such plan
or any part, program, or project within such plan, and may propose  such
modifications and conditions as deemed appropriate and necessary.
  d.  (1) [Counties] MUNICIPALITIES having an approved runaway and home-
less youth plan pursuant  to  this  subdivision  shall  be  entitled  to
reimbursement by the state for sixty percent of the entire amount of the
expenditures  for  programs  contained  in  such plan as approved by the
[commissioner] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES,  after  first
deducting  therefrom  any federal or other state funds received or to be
received on account thereof. All reimbursement pursuant to this subdivi-
sion shall be from and limited to funds appropriated separately for such
runaway and homeless youth program purposes by the state, and shall  not
be  included  under  the  limits set in subdivision one of this section.
[The county's] A MUNICIPALITY'S share of the cost of such  programs  may
be  met in part by donated private funds or in-kind services, as defined
by the office, provided that such private funding or receipt of services
shall not in the aggregate be more than fifty percent of such [county's]
MUNICIPALITY'S share.
  (2) Notwithstanding any inconsistent provision of law and  subject  to
funds  appropriated  separately therefor, a [county] MUNICIPALITY having
an approved runaway and homeless youth plan  which  includes  provisions
for  transitional  independent living support programs shall be entitled
to reimbursement by the state for sixty percent of the entire amount  of
the  approved  expenditures  for transitional independent living support
programs contained in the plan as approved by the [commissioner]  OFFICE
OF CHILDREN AND FAMILY SERVICES.  The [county's] MUNICIPALITY'S share of
the cost of such programs may be met by donated private funds or in-kind
services,  as  defined  by  the  office,  provided  that such receipt of
in-kind services shall not in the aggregate be more than  fifty  percent
of such [county's] MUNICIPALITY'S share.
  S  4. Paragraphs a and c of subdivision 5 of section 420 of the execu-
tive law, as added by chapter 160 of the laws of 2004,  are  amended  to
read as follows:
  a.  Notwithstanding any other provision of law, the office of children
and family services shall plan for the statewide implementation  by  the
thirty-first  day of December, two thousand eight, of a county child and
family services plan  that  combines  the  [county]  comprehensive  plan
required  by  this section and the multi-year consolidated services plan
required by section thirty-four-a of the  social  services  law  into  a
single plan.
  c. The office of children and family services may waive any regulatory
requirements  relating  to the content and timing of [county] comprehen-

S. 2607                            45                            A. 3007

sive plans that may impede the ability of a county to implement a county
child and family services plan.
  S 5. Section 422 of the executive law is REPEALED.
  S 6. Subdivisions 4, 5 and 6 of section 532-a of the executive law, as
amended  by  section 14 of part E of chapter 57 of the laws of 2005, are
amended and a new subdivision 8 is added to read as follows:
  4. "Approved runaway program" shall mean any  non-residential  program
approved  by the office of children and family services after submission
by the [county youth bureau] MUNICIPALITY, as part of its  comprehensive
plan,  or  any  residential  facility which is operated by an authorized
agency as defined in subdivision ten of section three  hundred  seventy-
one  of  the social services law, and approved by the office of children
and family services after submission by the [county youth bureau]  MUNI-
CIPALITY  as part of its comprehensive plan, established and operated to
provide services to runaway and homeless youth in  accordance  with  the
regulations of the office of temporary and disability assistance and the
office  of  children and family services. Such programs may also provide
non-residential crisis intervention and residential respite services  to
youth  in need of crisis intervention or respite services, as defined in
this section.   Residential respite  services  in  an  approved  runaway
program  may  be provided for no more than twenty-one days in accordance
with the regulations of the office of children and family services.
  5. "Runaway and homeless youth service  coordinator"  shall  mean  any
person  SO  designated  by  [a county] A MUNICIPALITY whose duties shall
include but not be limited to answering inquiries at any time concerning
transportation, shelter and other services available  to  a  runaway  or
homeless  youth  or  a  youth  in need of crisis intervention or respite
services.
  6. "Transitional independent living support program"  shall  mean  any
non-residential  program  approved  by the office of children and family
services after submission by the [county youth bureau]  MUNICIPALITY  as
part  of its comprehensive plan, or any residential facility approved by
the office of children and  family  services  after  submission  by  the
[county  youth bureau] MUNICIPALITY as part of its comprehensive plan TO
OFFER YOUTH DEVELOPMENT PROGRAMS, established and  operated  to  provide
supportive services, for a period of up to eighteen months in accordance
with  the  regulations of the office of children and family services, to
enable homeless youth between the ages  of  sixteen  and  twenty-one  to
progress  from  crisis care and transitional care to independent living.
Such transitional independent living support program  may  also  provide
services  to  youth  in need of crisis intervention or respite services.
Notwithstanding the time limitation in paragraph (i) of subdivision  (d)
of  section  seven hundred thirty-five of the family court act, residen-
tial respite services may be  provided  in  a  transitional  independent
living support program for a period of more than twenty-one days.
  8.  "MUNICIPALITY"  SHALL MEAN A COUNTY, OR A CITY HAVING A POPULATION
OF ONE MILLION OR MORE.
  S 7. Subdivision 2 of section 532-b of the executive law, as added  by
chapter 722 of the laws of 1978, is amended to read as follows:
  2.  The  runaway  youth may remain in the program on a voluntary basis
for a period not to exceed thirty days from the date of admission  where
the filing of a petition pursuant to article ten of the family court act
is  not  contemplated,  in  order  that arrangements can be made for the
runaway youth's return home, alternative residential placement  pursuant
to section three hundred ninety-eight of the social services law, or any
other  suitable  plan.  If the runaway youth and the parent, guardian or

S. 2607                            46                            A. 3007

custodian agree, in writing, the runaway youth may remain in the runaway
program up to sixty days without the filing of a  petition  pursuant  to
article  ten of the family court act, provided that in any such case the
facility  shall first have obtained the approval of the [county] MUNICI-
PALITY'S runaway coordinator, who shall notify the [county] THE  MUNICI-
PALITY'S  youth  bureau of his OR HER approval together with a statement
as to the reason why such additional residential stay is necessary and a
description of the efforts  being  made  to  find  suitable  alternative
living arrangements for such youth.
  S  8.  Paragraph  (a)  of  subdivision 6 of section 34-a of the social
services law, as added by chapter 160 of the laws of 2004, is amended to
read as follows:
  (a) Notwithstanding any other provision of law, the office of children
and family services shall plan for the statewide implementation, by  the
thirty-first day of December, two thousand eight, of the use by counties
of a child and family services plan that combines the multi-year consol-
idated  services  plan required by this section and the [county] compre-
hensive plan required by section four hundred twenty  of  the  executive
law into a single plan.
  S 9. This act shall take effect January 1, 2014.

                                 PART H

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

                                SUBPART A

  Section 1. Subdivision 3 of section  501  of  the  executive  law,  as
amended  by  chapter  465  of  the  laws  of 1992, is amended to read as
follows:
  3. To establish, operate and maintain [division]  facilities  [and  to
contract  with  authorized  agencies as defined in section three hundred
seventy-one of the social services law for the operation and maintenance
of non-secure facilities].
  S 2. Paragraph (a) of subdivision 11 of section 501 of  the  executive
law,  as  amended by chapter 465 of the laws of 1992, is amended to read
as follows:
  (a) a projection of the numbers of youths to be placed into or commit-
ted to the care of the [division] OFFICE OF CHILDREN AND FAMILY SERVICES
at secure[,] AND limited secure [and non-secure] levels of care for  the
five years encompassed by the plan;
  S  3.    Section  501  of the executive law is amended by adding a new
subdivision 15-a to read as follows:
  15-A. (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF  SUBDIVI-
SION  FIFTEEN  OF  THIS  SECTION,  OR ANY OTHER LAW TO THE CONTRARY, THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IS AUTHORIZED

S. 2607                            47                            A. 3007

TO CLOSE ANY NON-SECURE FACILITIES OPERATED BY THE  OFFICE  OF  CHILDREN
AND   FAMILY  SERVICES,  AND  TO  MAKE  SIGNIFICANT  ASSOCIATED  SERVICE
REDUCTIONS AND PUBLIC EMPLOYEE STAFFING REDUCTIONS  AND  TRANSFER  OPER-
ATIONS  FOR NON-SECURE FACILITIES TO A PRIVATE OR NOT-FOR-PROFIT ENTITY,
AS SHALL BE DETERMINED  BY  SUCH  COMMISSIONER  SOLELY  TO  REFLECT  THE
DECREASE  IN  THE NUMBER OF JUVENILE DELINQUENTS PLACED WITH SUCH OFFICE
CARED FOR IN NON-SECURE SETTINGS OR  CONDITIONALLY  RELEASED  FROM  SUCH
SETTINGS.
  (B)  AT  LEAST SIXTY DAYS PRIOR TO TAKING ANY SUCH ACTION, THE COMMIS-
SIONER OF THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  SHALL  PROVIDE
NOTICE  OF  SUCH ACTION TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE AND SHALL  POST  SUCH  NOTICE  UPON  ITS  PUBLIC
WEBSITE.  SUCH  COMMISSIONER  SHALL BE AUTHORIZED TO CONDUCT ANY AND ALL
PREPARATORY ACTIONS WHICH MAY BE REQUIRED TO EFFECTUATE SUCH CLOSURES OR
SIGNIFICANT SERVICE OR STAFFING REDUCTIONS OR  TRANSFERS  OF  OPERATIONS
DURING SUCH SIXTY DAY PERIOD.
  (C)  ANY  TRANSFERS OF CAPACITY OR ANY RESULTING TRANSFER OF FUNCTIONS
SHALL BE AUTHORIZED TO BE MADE BY THE  COMMISSIONER  OF  THE  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES  AND ANY TRANSFER OF PERSONNEL UPON SUCH
TRANSFER OF CAPACITY OR TRANSFER OF FUNCTIONS SHALL BE  ACCOMPLISHED  IN
ACCORDANCE  WITH  THE PROVISIONS OF SECTION SEVENTY OF THE CIVIL SERVICE
LAW.
  S 4. Subdivision 1 of section 504 of the executive law,  as  added  by
chapter 465 of the laws of 1992, is amended to read as follows:
  1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall operate
and  maintain  secure[,]  AND limited secure [and non-secure] facilities
for the care, custody, treatment, housing, education, rehabilitation and
guidance of youth placed with or committed to the [division]  OFFICE  OF
CHILDREN AND FAMILY SERVICES.
  S  5. Subdivision 4 of section 504 of the executive law, as amended by
chapter 687 of the laws of 1993, is amended to read as follows:
  4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall  deter-
mine  the  particular  [division]  OFFICE facility or program in which a
child placed with the [division] OFFICE shall be cared for,  based  upon
an evaluation of such child. The [division] OFFICE OF CHILDREN AND FAMI-
LY  SERVICES  shall  also  have  authority to discharge or conditionally
release children placed with it and to transfer  such  children  from  a
limited  secure [or non-secure] facility to any other limited secure [or
non-secure] facility, when the interest of such children  requires  such
action[; provided that a child transferred to a non-secure facility from
a  limited  secure facility may be returned to a limited secure facility
upon a determination by the division that,  for  any  reason,  care  and
treatment at the non-secure facility is no longer suitable].
  S 6. Subdivision 5 of section 507-a of the executive law is REPEALED.
  S  7.  Paragraph  (f)  of subdivision 3 of section 353.2 of the family
court act, as amended by chapter 465 of the laws of 1992, is amended  to
read as follows:
  (f)  with  the consent of the [division for youth] COMMISSIONER OF THE
LOCAL SOCIAL  SERVICES  DISTRICT,  spend  a  specified  portion  of  the
probation  period,  not  exceeding  one year, in a non-secure [facility]
PLACEMENT provided by THE LOCAL SOCIAL SERVICES DISTRICT  [the  division
for youth pursuant to article nineteen-G of the executive law].
  S 8. The opening paragraph and paragraphs (a) and (b) of subdivision 3
of  section  353.3  of  the family court act, as amended by section 6 of
part G of chapter 58 of the  laws  of  2010,  are  amended  to  read  as
follows:

S. 2607                            48                            A. 3007

  Where  the respondent is placed with the office of children and family
services, the court shall[, unless it directs the office to place him or
her with an authorized agency or class of authorized agencies, including
if the court finds that the respondent is a sexually exploited child  as
defined  in subdivision one of section four hundred forty-seven-a of the
social services law, an  available  long-term  safe  house  pursuant  to
subdivision four of this section, authorize the office to] do one of the
following:
  (a)  place the respondent in a secure facility without a further hear-
ing at any time or from time to time during  the  first  sixty  days  of
residency   in  office  of  children  and  family  services  facilities.
Notwithstanding the discretion of the office to place the respondent  in
a  secure  facility at any time during the first sixty days of residency
in [a] AN office of children and family services facility, the  respond-
ent  may  be  placed  in  a [non-secure] LIMITED SECURE facility. In the
event that the office desires to  transfer  a  respondent  to  a  secure
facility  at  any time after the first sixty days of residency in office
facilities, a hearing shall be held pursuant  to  subdivision  three  of
section five hundred four-a of the executive law; or
  (b)  place the respondent in a limited secure facility. The respondent
may be transferred by the office to a secure facility after a hearing is
held pursuant to section five  hundred  four-a  of  the  executive  law;
provided,  however,  that  during  the first twenty days of residency in
office facilities, the respondent shall not be transferred to  a  secure
facility  unless  the  respondent has committed an act or acts which are
exceptionally dangerous to the respondent or to others[; or].
  S 9. Paragraph (c) of subdivision 3 of section  353.3  of  the  family
court act is REPEALED.
  S  10.  Subdivision  4  of  section  353.3  of the family court act is
REPEALED.
  S 11. Subparagraphs (iii) and (iv) of paragraph (a) of  subdivision  4
of  section  353.5  of  the family court act, as amended by section 6 of
subpart A of part G of chapter 57 of the laws of 2012,  are  amended  to
read as follows:
  (iii)  after the period set under subparagraph (ii) of this paragraph,
the respondent shall be placed in a residential facility for a period of
twelve months; provided, however, that: (A) if the respondent  has  been
placed  from  a  family court in a social services district operating an
approved juvenile justice services close to home initiative pursuant  to
section  four  hundred  four  of  the social services law, once the time
frames in subparagraph (ii) of this paragraph are met:
  [(A)] (1) beginning on the effective date of such  a  social  services
district's  plan that only covers juvenile delinquents placed in non-se-
cure settings, if the office of children and family services  concludes,
based on the needs and best interests of the respondent and the need for
protection  for the community, that a non-secure level of care is appro-
priate for the respondent, such office shall file a petition pursuant to
paragraph (b) or (c) of subdivision two of section 355.1 of this part to
have the respondent placed with the  applicable  local  commissioner  of
social services; and
  [(B)]  (2)  beginning  on the effective date of such a social services
district's plan that  covers  juvenile  delinquents  placed  in  limited
secure   settings,  if  the  office  of  children  and  family  services
concludes, based on the needs and best interests of the  respondent  and
the  need for protection for the community, that a non-secure or limited
secure level of care is appropriate  for  the  respondent,  such  office

S. 2607                            49                            A. 3007

shall  file  a  petition pursuant to paragraph (b) or (c) of subdivision
two of section 355.1 of this part to have the respondent placed with the
applicable local commissioner of social services[.]; AND
  (B)  IF THE RESPONDENT HAS BEEN PLACED FROM A FAMILY COURT IN A SOCIAL
SERVICES DISTRICT NOT OPERATING AN APPROVED  JUVENILE  JUSTICE  SERVICES
CLOSE  TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW, IF THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
CONCLUDES,  BASED  ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND
THE NEED FOR PROTECTION FOR THE COMMUNITY, THAT A  NON-SECURE  LEVEL  OF
CARE  IS  APPROPRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETI-
TION PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF  SECTION  355.1  OF
THIS  PART  TO  HAVE  THE  RESPONDENT  PLACED  WITH THE APPLICABLE LOCAL
COMMISSIONER OF SOCIAL SERVICES.
  (C) If the respondent is placed with the local commissioner of  social
services  in accordance with clause (A) or (B) of this subparagraph, the
remainder of the provisions of this section shall continue to  apply  to
the respondent's placement.
  (iv)  the  respondent  may  not  be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided in subparagraph (ii) of this paragraph, nor may the  respondent
be  released  from  a residential facility during the period provided in
subparagraph (iii) of this paragraph. No home visits shall be  permitted
during  the  period  of secure confinement set by the court order or one
year, whichever is less, except for emergency visits for medical  treat-
ment  or  severe illness or death in the family. All home visits must be
accompanied home visits: (A) while a  youth  is  confined  in  a  secure
facility,  whether  such  confinement  is  pursuant  to a court order or
otherwise; (B) while a youth is confined in a residential facility other
than a secure facility within six months after confinement in  a  secure
facility;  and  (C)  while a youth is confined in a residential facility
other than a secure facility in excess of six months  after  confinement
in  a  secure  facility  unless two accompanied home visits have already
occurred. An "accompanied home visit" shall mean  a  home  visit  during
which  the  youth  shall  be  accompanied at all times while outside the
secure or residential facility by appropriate personnel of the office of
children and family services or, if applicable, a local social  services
district  [which operates an approved juvenile justice services close to
home initiative pursuant to section four  hundred  four  of  the  social
services law].
  S  12.  Subparagraphs (i), (iii) and (iv) of paragraph (c) of subdivi-
sion 4 of section 353.5 of the family court act, as amended by section 6
of subpart A of part G of chapter 57 of the laws of 2012, are amended to
read as follows:
  (i) after the expiration of the period provided in subparagraph  (iii)
of  paragraph  (a)  of  this  subdivision,  the  respondent shall not be
released from a residential facility without the written approval of the
office of children and family  services  or,  if  applicable,  a  social
services district [operating an approved juvenile justice services close
to  home  initiative pursuant to section four hundred four of the social
services law].
  (iii) the respondent shall not be discharged from the custody  of  the
office  of  children  and  family  services  or, if applicable, a social
services district [operating an approved juvenile justice services close
to home initiative pursuant to section four hundred four of  the  social
services  law],  unless a motion therefor under section 355.1 is granted

S. 2607                            50                            A. 3007

by the court, which motion shall not be made prior to the expiration  of
three years of the placement.
  (iv)  unless  otherwise specified in the order, the office of children
and family services or, if applicable, a social services district [oper-
ating an approved juvenile justice services  close  to  home  initiative
pursuant  to section four hundred four of the social services law] shall
report in writing to the court not  less  than  once  every  six  months
during  the  placement  on  the  status,  adjustment and progress of the
respondent.
  S 13. Paragraph (d) of subdivision 4 of section 353.5  of  the  family
court  act, as amended by section 6 of subpart A of part G of chapter 57
of the laws of 2012, is amended to read as follows:
  (d) Upon the expiration of the initial period  of  placement,  or  any
extension  thereof,  the  placement  may  be extended in accordance with
section 355.3 on a petition of any party or the office of  children  and
family  services, or, if applicable, a social services district [operat-
ing an approved juvenile  justice  services  close  to  home  initiative
pursuant to section four hundred four of the social services law], after
a  dispositional  hearing, for an additional period not to exceed twelve
months, but no initial placement or extension of  placement  under  this
section may continue beyond the respondent's twenty-first birthday.
  S  14.  Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 5
of section 353.5 of the family court act, as amended  by  section  6  of
subpart  A  of  part  G of chapter 57 of the laws of 2012, is amended to
read as follows:
  (iii) after the period set under subparagraph (ii) of this  paragraph,
the  respondent  shall  be placed in a residential facility for a period
set by the order, to be not less than six nor more than  twelve  months;
provided,  however,  that  (A)  if the respondent has been placed from a
family court in a social services district operating an  approved  juve-
nile  justice services close to home initiative pursuant to section four
hundred four of the social services law, once the time frames in subpar-
agraph (ii) of this paragraph are met:
  [(A)] (1) beginning on the effective date of such  a  social  services
district's  plan that only covers juvenile delinquents placed in non-se-
cure settings, if the office of children and family services  concludes,
based on the needs and best interests of the respondent and the need for
protection  for the community, that a non-secure level of care is appro-
priate for the respondent, such office shall file a petition pursuant to
paragraph (b) or (c) of subdivision two of section 355.1 of this part to
have the respondent placed with the  applicable  local  commissioner  of
social services; and
  [(B)]  (2)  beginning  on the effective date of such a social services
district's plan to implement programs for youth placed in limited secure
settings, if the office of children and family services concludes, based
on the needs and best interests of  the  respondent  and  the  need  for
protection  for the community, that a non-secure or limited secure level
of care is appropriate for the respondent,  such  office  shall  file  a
petition  pursuant to paragraph (b) or (c) of subdivision two of section
355.1 of this part to have the respondent  placed  with  the  applicable
local commissioner of social services[.]; OR
  (B)  IF THE RESPONDENT HAS BEEN PLACED FROM A FAMILY COURT IN A SOCIAL
SERVICES DISTRICT NOT OPERATING AN APPROVED  JUVENILE  JUSTICE  SERVICES
CLOSE  TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW, IF THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
CONCLUDES,  BASED  ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND

S. 2607                            51                            A. 3007

THE NEED FOR PROTECTION FOR THE COMMUNITY, THAT A  NON-SECURE  LEVEL  OF
CARE  IS  APPROPRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETI-
TION PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF  SECTION  355.1  OF
THIS  PART  TO  HAVE  THE  RESPONDENT  PLACED  WITH THE APPLICABLE LOCAL
COMMISSIONER OF SOCIAL SERVICES.
  (C) If the respondent is placed with a local  commissioner  of  social
services  in accordance with clause (A) or (B) of this subparagraph, the
remainder of the provisions of this section shall continue to  apply  to
the respondent's placement.
  (iv)  the  respondent  may  not  be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided by the court pursuant to subparagraph (ii) of  this  paragraph,
nor  may  the  respondent be released from a residential facility during
the period provided by the court pursuant to subparagraph (iii) of  this
paragraph. No home visits shall be permitted during the period of secure
confinement  set  by  the  court  order  or one year, whichever is less,
except for emergency visits for medical treatment or severe  illness  or
death  in  the  family. All home visits must be accompanied home visits:
(A) while a youth  is  confined  in  a  secure  facility,  whether  such
confinement is pursuant to a court order or otherwise; (B) while a youth
is confined in a residential facility other than a secure facility with-
in  six  months  after confinement in a secure facility; and (C) while a
youth is confined in a residential facility other than a secure facility
in excess of six months after confinement in a  secure  facility  unless
two  accompanied home visits have already occurred. An "accompanied home
visit" shall mean a home visit during which the youth shall be  accompa-
nied  at  all  times while outside the secure or residential facility by
appropriate personnel of the office of children and family services  or,
if  applicable,  a social services district [operating an approved juve-
nile justice close to home initiative pursuant to section  four  hundred
four of the social services law].
  S 15. Subparagraphs (i), (iii) and (iv) of paragraph (c) and paragraph
(d)  of  subdivision  5  of  section  353.5  of the family court act, as
amended by section 6 of subpart A of part G of chapter 57 of the laws of
2012, is amended to read as follows:
  (i) after the expiration of the period provided in subparagraph  (iii)
of  paragraph  (a)  of  this  subdivision,  the  respondent shall not be
released from a residential facility without the written approval of the
office of children and family  services  or,  if  applicable,  a  social
services district [operating an approved juvenile justice services close
to  home  initiative pursuant to section four hundred four of the social
services law].
  (iii) the respondent shall not be discharged from the custody  of  the
office  of  children  and  family  services, or, if applicable, a social
services district [operating an approved juvenile justice services close
to home initiative pursuant to section four hundred four of  the  social
services law].
  (iv)  unless  otherwise specified in the order, the office of children
and family services or, if applicable, a social services district [oper-
ating an approved juvenile justice services  close  to  home  initiative
pursuant to section four hundred four of the social services law], shall
report  in  writing  to  the  court  not less than once every six months
during the placement on the  status,  adjustment  and  progress  of  the
respondent.
  (d)  Upon  the  expiration  of  the initial period of placement or any
extension thereof, the placement may  be  extended  in  accordance  with

S. 2607                            52                            A. 3007

section  355.3  upon petition of any party or the office of children and
family services or, if applicable, a social services district [operating
an approved juvenile justice services close to home initiative  pursuant
to section four hundred four of the social services law], after a dispo-
sitional  hearing, for an additional period not to exceed twelve months,
but no initial placement or extension of placement  under  this  section
may continue beyond the respondent's twenty-first birthday.
  S  16.  Subdivision  2  of  section  355.1  of the family court act is
amended by adding three new paragraphs (d),  (e)  and  (f)  to  read  as
follows:
  (D)  FOR  A SOCIAL SERVICES DISTRICT THAT IS NOT OPERATING AN APPROVED
JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT  TO  SECTION
FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW:
  (I)  IF  THE  DISTRICT  DETERMINES  THAT PLACEMENT IN A LIMITED SECURE
FACILITY IS APPROPRIATE AND CONSISTENT WITH THE NEED FOR  PROTECTION  OF
THE  COMMUNITY AND THE NEEDS AND BEST INTERESTS OF THE RESPONDENT PLACED
INTO ITS CARE, THE SOCIAL SERVICES DISTRICT SHALL  FILE  A  PETITION  TO
TRANSFER  THE  CUSTODY  OF  THE RESPONDENT TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES, AND SHALL PROVIDE A  COPY  OF  SUCH  PETITION  TO  SUCH
OFFICE, THE RESPONDENT, THE ATTORNEY FOR THE RESPONDENT AND THE RESPOND-
ENT'S  PARENT  OR LEGAL GUARDIAN. THE FAMILY COURT SHALL, AFTER ALLOWING
THE OFFICE OF CHILDREN AND FAMILY SERVICES  AND  THE  ATTORNEY  FOR  THE
RESPONDENT,  AFTER NOTICE HAVING BEEN GIVEN, AN OPPORTUNITY TO BE HEARD,
GRANT SUCH A PETITION ONLY IF THE COURT DETERMINES, AND  STATES  IN  ITS
WRITTEN  ORDER,  THE REASONS WHY A LIMITED SECURE PLACEMENT IS NECESSARY
AND CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE  RESPONDENT  AND
THE NEED FOR PROTECTION OF THE COMMUNITY.
  (II)  IF  THE  DISTRICT DETERMINES THAT A SECURE LEVEL OF PLACEMENT IS
APPROPRIATE AND CONSISTENT WITH THE NEED FOR PROTECTION OF THE COMMUNITY
AND THE NEEDS AND BEST INTERESTS OF THE RESPONDENT PLACED INTO ITS CARE,
THE SOCIAL SERVICES DISTRICT SHALL  FILE  A  PETITION  TO  TRANSFER  THE
CUSTODY OF THE RESPONDENT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES,
AND  SHALL  PROVIDE A COPY OF SUCH PETITION TO SUCH OFFICE, THE RESPOND-
ENT, THE ATTORNEY FOR THE RESPONDENT  AND  THE  RESPONDENT'S  PARENT  OR
LEGAL  GUARDIAN.  THE  FAMILY  COURT SHALL, AFTER ALLOWING THE OFFICE OF
CHILDREN AND FAMILY SERVICES AND THE ATTORNEY FOR THE RESPONDENT,  AFTER
NOTICE HAVING BEEN GIVEN, AN OPPORTUNITY TO BE HEARD, GRANT SUCH A PETI-
TION ONLY IF THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THAT
THE YOUTH NEEDS A SECURE LEVEL OF PLACEMENT BECAUSE:
  (A)  THE  RESPONDENT  HAS  BEEN SHOWN TO BE EXCEPTIONALLY DANGEROUS TO
HIMSELF OR HERSELF OR TO OTHER PERSONS. EXCEPTIONALLY DANGEROUS BEHAVIOR
MAY INCLUDE, BUT IS NOT LIMITED TO,  ONE  OR  MORE  SERIOUS  INTENTIONAL
ASSAULTS, SEXUAL ASSAULTS OR SETTING FIRES; OR
  (B)  THE  RESPONDENT HAS DEMONSTRATED BY A PATTERN OF BEHAVIOR THAT HE
OR SHE NEEDS A MORE STRUCTURED SETTING AND THE SOCIAL SERVICES  DISTRICT
HAS  CONSIDERED THE APPROPRIATENESS AND AVAILABILITY OF A TRANSFER TO AN
ALTERNATIVE NON-SECURE OR LIMITED SECURE  FACILITY.  SUCH  BEHAVIOR  MAY
INCLUDE,  BUT  IS  NOT  LIMITED  TO:  DISRUPTIONS  IN FACILITY PROGRAMS;
CONTINUOUSLY AND MALICIOUSLY DESTROYING PROPERTY; OR REPEATEDLY  COMMIT-
TING OR INCITING OTHER YOUTH TO COMMIT ASSAULTIVE OR DESTRUCTIVE ACTS.
  (E)  ONCE  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES HAS PROVIDED
NOTICE PURSUANT TO SUBDIVISION FIFTEEN-A OF SECTION FIVE HUNDRED ONE  OF
THE  EXECUTIVE  LAW, TO CLOSE ITS NON-SECURE FACILITIES, TO MAKE SIGNIF-
ICANT SERVICE REDUCTIONS AND PUBLIC EMPLOYEE STAFFING REDUCTIONS  AND/OR
TO  TRANSFER  OPERATIONS  OF  ANY NON-SECURE FACILITIES OPERATED BY SUCH
OFFICE, SUCH OFFICE SHALL FILE PETITIONS TO TRANSFER CUSTODY OF  ALL  OF

S. 2607                            53                            A. 3007

THE  YOUTH IN THE OFFICE'S CUSTODY WHO ARE CURRENTLY PLACED IN A NON-SE-
CURE SETTING, OR WHO ARE CONDITIONALLY RELEASED FROM SUCH A SETTING,  TO
THE  APPLICABLE  LOCAL  COMMISSIONER OF SOCIAL SERVICES. SUCH A PETITION
SHALL  BE  PROVIDED  TO THE RESPONDENT, THE ATTORNEY FOR THE RESPONDENT,
THE RESPONDENT'S PARENT  OR  LEGAL  GUARDIAN  AND  THE  SOCIAL  SERVICES
DISTRICT.  THE FAMILY COURT SHALL GRANT SUCH A PETITION, WITHOUT A HEAR-
ING, UNLESS THE ATTORNEY FOR THE RESPONDENT, AFTER  NOTICE,  REQUESTS  A
HEARING  AND  OBJECTS  TO  THE TRANSFER ON THE BASIS THAT THE RESPONDENT
NEEDS TO BE PLACED WITH THE OFFICE IN A LIMITED SECURE OR  SECURE  LEVEL
OF  CARE.  THE  FAMILY  COURT  SHALL GRANT THE PETITION UNLESS THE COURT
DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE REASONS WHY  A  LIMITED
SECURE OR SECURE LEVEL OF PLACEMENT IS NECESSARY AND CONSISTENT WITH THE
NEEDS  AND  BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR PROTECTION
OF THE COMMUNITY. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,
THE  FAMILY  COURT  SHALL  DETERMINE SUCH A PETITION WITHIN TEN CALENDAR
DAYS OF THE DATE THE OFFICE FILES SAID PETITION.
  (F) IF THE OFFICE OF CHILDREN AND FAMILY SERVICES  DETERMINES  THAT  A
NON-SECURE LEVEL OF CARE OR PLACEMENT IS APPROPRIATE AND CONSISTENT WITH
THE  NEED  FOR PROTECTION OF THE COMMUNITY AND THE NEEDS AND BEST INTER-
ESTS OF A RESPONDENT WHO IS IN THEIR CUSTODY  AND  PLACED  AT  EITHER  A
LIMITED  SECURE  OR  SECURE FACILITY FROM A FAMILY COURT WITHIN A SOCIAL
SERVICES DISTRICT THAT IS NOT OPERATING  AN  APPROVED  JUVENILE  JUSTICE
SERVICES  CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR
OF THE SOCIAL SERVICES LAW, SUCH OFFICE  SHALL  PETITION  THE  COURT  TO
TRANSFER CUSTODY OF SUCH RESPONDENT TO THE APPLICABLE LOCAL COMMISSIONER
OF  SOCIAL  SERVICES  AND  SHALL  PROVIDE  A COPY OF THE PETITION TO THE
SOCIAL SERVICES DISTRICT,  THE  ATTORNEY  FOR  THE  RESPONDENT  AND  THE
PRESENTMENT  AGENCY.  THE  FAMILY COURT SHALL, AFTER ALLOWING THE SOCIAL
SERVICES DISTRICT, THE ATTORNEY FOR THE RESPONDENT AND  THE  PRESENTMENT
AGENCY  AN  OPPORTUNITY  TO  BE  HEARD, GRANT SUCH A PETITION UNLESS THE
COURT DETERMINES, AND STATES IN ITS WRITTEN  ORDER  THE  REASONS  WHY  A
LIMITED  SECURE OR SECURE PLACEMENT IS NECESSARY AND CONSISTENT WITH THE
NEEDS AND BEST INTEREST OF THE RESPONDENT AND THE NEED FOR PROTECTION OF
THE COMMUNITY.
  S 17. This act shall take effect immediately,  provided  however  that
sections seven through fifteen of this act shall take effect May 1, 2013
and  provided  further,  however, that sections one, two, four, five and
six of this act shall take effect March 31, 2014; and  provided  further
that:
  (a) the amendments to subparagraphs (iii) and (iv) of paragraph (a) of
subdivision  4  of section 353.5 of the family court act made by section
eleven of this act shall not affect the expiration of  such  subdivision
and shall be deemed to expire therewith;
  (b)  the  amendments to subparagraphs (i), (iii) and (iv) of paragraph
(c) of subdivision 4 of section 353.5 of the family court  act  made  by
section  twelve  of  this  act  shall  not affect the expiration of such
subdivision and shall be deemed to expire therewith;
  (c) the amendments to paragraph (d) of subdivision 4 of section  353.5
of  the  family court act made by section thirteen of this act shall not
affect the expiration of such subdivision and shall be deemed to  expire
therewith;
  (d) the amendments to subparagraphs (iii) and (iv) of paragraph (a) of
subdivision  5  of section 353.5 of the family court act made by section
fourteen of this act shall not affect the expiration of such subdivision
and shall be deemed to expire therewith;

S. 2607                            54                            A. 3007

  (e) the amendments to subparagraphs (i), (iii) and (iv)  of  paragraph
(c)  and  paragraph  (d) of subdivision 5 of section 353.5 of the family
court act made by section fifteen of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire  therewith;
  (f)  the  amendments  to  subdivision 2 of section 355.1 of the family
court act made by section sixteen of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith.

                                SUBPART B

  Section 1. Subdivision 1 of section  505  of  the  executive  law,  as
amended  by  chapter  465  of  the  laws  of 1992, is amended to read as
follows:
  1. There shall be a facility director of  each  [division  for  youth]
OFFICE  OF CHILDREN AND FAMILY SERVICES OPERATED facility. Such facility
director shall be appointed by the [director] COMMISSIONER of the [divi-
sion] OFFICE OF CHILDREN AND FAMILY SERVICES and THE POSITION  shall  be
in the noncompetitive class and designated as confidential as defined by
subdivision  two-a  of  section  forty-two of the civil service law. The
facility director shall have [two years] SUCH experience [in appropriate
titles in state government. Such facility director shall have such]  AND
other  qualifications as may be prescribed by the [director] DIRECTOR OF
CLASSIFICATION AND COMPENSATION WITHIN THE DEPARTMENT OF  CIVIL  SERVICE
IN  CONSULTATION WITH THE COMMISSIONER of the [division] OFFICE OF CHIL-
DREN AND FAMILY SERVICES, based on  differences  in  duties,  levels  of
responsibility,  size  and  character of the facility, knowledge, skills
and abilities required, and other factors affecting the position  [and].
SUCH  FACILITY  DIRECTOR  shall  serve at the pleasure of the [director]
COMMISSIONER of the [division] OFFICE.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable  effective date of subparts A and B of this act shall be
as specifically set forth in the last section of such subparts.

                                 PART I

  Section 1. Sections 46, 47, 48, 49, 50 and 74 of the executive law are
REPEALED.
  S 2. Section 51 of the executive law, as added by chapter 766  of  the
laws of 2005, is amended to read as follows:
  S  51.  Jurisdiction.  This  article shall, subject to the limitations
contained herein, confer upon the office of the state inspector general,
jurisdiction over all covered agencies. For the purposes of this article
"covered agency" shall include all executive  branch  agencies,  depart-
ments,  divisions,  officers, boards and commissions, public authorities
(other than multi-state or  multi-national  authorities),  [and]  public

S. 2607                            55                            A. 3007

benefit  corporations,  the heads of which are appointed by the governor
and which do not have their own inspector general by statute, AND  LOCAL
SOCIAL  SERVICES  DISTRICTS.    Wherever  a  covered  agency is a board,
commission,  a  public authority or public benefit corporation, the head
of the agency is the chairperson thereof. FOR PURPOSES OF THIS  SECTION,
"LOCAL  SOCIAL  SERVICES DISTRICTS" SHALL INCLUDE CONTRACTEES OR RECIPI-
ENTS OF PUBLIC ASSISTANCE SERVICES.
  S 3. Subdivisions 6 and 7 of section 53 of the executive law, as added
by chapter 766 of the laws of 2005, are amended to read as follows:
  6. recommend remedial  action  to  prevent  or  eliminate  corruption,
fraud,  criminal  activity,  conflicts  of  interest or abuse in covered
agencies AND OFFICES AND AGENCIES ADMINISTERING OR  SUPPORTING  PROGRAMS
OF THE DEPARTMENT OF FAMILY ASSISTANCE;
  7.  establish  programs  for  training  state   AND LOCAL officers and
employees OF COVERED AGENCIES regarding the prevention  and  elimination
of  corruption, fraud, criminal activity, conflicts of interest or abuse
in covered agencies.
  S 4. Section 54 of the executive law, as added by chapter 766  of  the
laws of 2005, is amended to read as follows:
  S 54. Powers. The state inspector general shall have the power to:
  1. subpoena and enforce the attendance of witnesses;
  2. administer oaths or affirmations and examine witnesses under oath;
  3.  require  the production of any books and papers deemed relevant or
material to any investigation, examination or review;
  4. notwithstanding any law to the contrary, examine and copy or remove
documents or records of any kind prepared, maintained  or  held  by  any
covered agency;
  5.  require  any  officer  or  employee in a covered agency, OR IN ANY
OFFICE OR AGENCY ADMINISTERING OR SUPPORTING ANY PROGRAM OF THE  DEPART-
MENT  OF  FAMILY  ASSISTANCE,  to answer questions concerning any matter
related to the performance of his or her official duties.  No  statement
or  other evidence derived therefrom may be used against such officer or
employee in any subsequent criminal prosecution other than  for  perjury
or  contempt  arising from such testimony. The refusal of any officer or
employee to answer questions shall be cause for removal from  office  or
employment or other appropriate penalty;
  6.  monitor  the implementation by covered agencies AND BY OFFICES AND
AGENCIES ADMINISTERING OR SUPPORTING PROGRAMS OF THE DEPARTMENT OF FAMI-
LY ASSISTANCE of any recommendations made by THE state inspector  gener-
al;
  7.  perform  any  other functions that are necessary or appropriate to
fulfill the duties and responsibilities of office[.];
  8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
THE  CONTRARY, NO PERSON SHALL PREVENT, SEEK TO PREVENT, INTERFERE WITH,
OBSTRUCT OR OTHERWISE HINDER ANY INVESTIGATION BEING CONDUCTED  PURSUANT
TO  THIS  SECTION. SECTION ONE HUNDRED THIRTY-SIX OF THE SOCIAL SERVICES
LAW SHALL IN NO WAY BE CONSTRUED TO RESTRICT ANY PERSON OR  GOVERNMENTAL
BODY FROM COOPERATING WITH AND ASSISTING THE INSPECTOR GENERAL OR HIS OR
HER  EMPLOYEES  IN  CARRYING  OUT  THEIR  DUTIES UNDER THIS SECTION. ANY
VIOLATION OF THIS PARAGRAPH SHALL CONSTITUTE  CAUSE  FOR  SUSPENSION  OR
REMOVAL FROM OFFICE OR EMPLOYMENT;
  S  5.  Subdivisions  3  and  7 of section 32 of the public health law,
subdivision 3 as amended by chapter 109 of the laws of 2007 and subdivi-
sion 7 as added by chapter 442 of the laws of 2006, are amended to  read
as follows:

S. 2607                            56                            A. 3007

  3.  to  coordinate,  to  the  greatest  extent possible, activities to
prevent, detect and investigate medical  assistance  program  fraud  and
abuse  amongst  the  following:  the  department;  the offices of mental
health, [mental retardation and] PEOPLE WITH developmental disabilities,
alcoholism  and  substance  abuse services, temporary disability assist-
ance, and children and family services; the  commission  on  quality  of
care  and  advocacy  for  persons  with  disabilities; the department of
education; the fiscal agent employed to operate the  medical  assistance
information  and  payment system; local governments and entities; and to
work in a coordinated and  cooperative  manner  with,  to  the  greatest
extent possible, the deputy attorney general for Medicaid fraud control;
the  [welfare]  STATE  inspector  general, federal prosecutors, district
attorneys within the state, the special investigative unit maintained by
each health insurer operating within the  state,  and  the  state  comp-
troller;
  7.  to  make  information  and evidence relating to suspected criminal
acts which he or she may obtain in carrying out his or her duties avail-
able to appropriate law enforcement officials and to  consult  with  the
deputy attorney general for Medicaid fraud control[, the welfare inspec-
tor  general,] and other state and federal law enforcement officials for
coordination of criminal investigations and prosecutions.
  The inspector shall refer suspected fraud or criminality to the deputy
attorney general for Medicaid fraud control and make any other referrals
to such deputy attorney general as required or contemplated  by  federal
law.  At  any  time after such referral, with ten days written notice to
the deputy attorney general for Medicaid fraud control or  such  shorter
time  as  such  deputy  attorney  general consents to, the inspector may
additionally provide  relevant  information  about  suspected  fraud  or
criminality  to  any  other federal or state law enforcement agency that
the inspector deems appropriate under the circumstances;
  S 6. Subdivision 2 of section 23 of the social services law, as  added
by chapter 545 of the laws of 1978, is amended to read as follows:
  2.  Notwithstanding  any  law  to  the  contrary, the department, upon
request by the office of [welfare] THE STATE  inspector  general,  shall
provide  said  office  with  such  information it receives from the wage
reporting system operated by the department of taxation and finance that
the office of [welfare] THE STATE inspector general deems  necessary  to
carry  out  its  functions and duties under article [four] FOUR-A of the
executive law.
  S 7. Subdivision 2 of section 136  of  the  social  services  law,  as
amended  by  section 24 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  2. All communications and information relating to a  person  receiving
public  assistance  or  care  obtained  by any social services official,
service officer, or employee in the course of his or her work  shall  be
considered  confidential  and,  except  as  otherwise  provided  in this
section, shall be disclosed only to the  commissioner,  or  his  or  her
authorized  representative,  the  commissioner of labor, or   his or her
authorized representative, the commissioner of health,  or  his  or  her
authorized representative, the [welfare] STATE inspector general, or his
or her authorized representative, the county  board of supervisors, city
council,  town  board  or other board or body authorized and required to
appropriate funds for public assistance and care in and for such county,
city or town or its authorized representative or, by  authority  of  the
county,  city  or  town  social services official, to a person or agency
considered entitled to such information. Nothing herein shall preclude a

S. 2607                            57                            A. 3007

social services official from reporting  to  an  appropriate  agency  or
official,  including  law  enforcement  agencies  or officials, known or
suspected instances of  physical  or  mental  injury,  sexual  abuse  or
exploitation,  sexual  contact  with  a  minor or negligent treatment or
maltreatment of a child of which  the  official  becomes  aware  in  the
administration  of  public  assistance  and  care  nor shall it preclude
communication with the federal immigration  and  naturalization  service
regarding the immigration status of any individual.
  S  8.  Transfer  of  employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of functions
from the office of the welfare inspector general to the  office  of  the
state  inspector  general  pursuant  to  this  act, all employees of the
office of the welfare inspector general  shall  be  transferred  to  the
office of the state inspector general. Employees transferred pursuant to
this  act shall be transferred without further examination or qualifica-
tion and shall retain their respective  civil  service  classifications,
status  and  collective  bargaining  unit  designations  and  collective
bargaining agreements.
  S 9. Transfer of records. All  books,  papers,  and  property  of  the
office  of  the  welfare  inspector general, except those required to be
retained by the New York state attorney general  for  investigation  and
prosecution  of  pending  cases, shall be delivered to the office of the
state inspector general. All books, papers, and property of  the  office
of  the welfare inspector general shall continue to be maintained by the
office of the state inspector general.
  S 10. Continuity of authority. For the purpose of  succession  of  all
functions,  powers,  duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the office of  the
state  inspector  general  shall  be  deemed  and held to constitute the
continuation of the office of the welfare inspector general.
  S 11. Completion of unfinished business. Any business or other  matter
undertaken  or  commenced by the office of the welfare inspector general
pertaining to or connected with the functions, powers,  obligations  and
duties  hereby  transferred  and  assigned  to  the  office of the state
inspector general and pending on the effective date of this act  may  be
conducted  and completed by the office of the state inspector general in
the same manner and under the same terms and  conditions  and  with  the
same  effect  as if conducted and completed by the office of the welfare
inspector general, except the office  of  the  state  inspector  general
shall have no authority to prosecute any pending cases.
  S  12.  Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the office of the welfare
inspector general pertaining to the functions and powers  herein  trans-
ferred  and  assigned, in force at the time of such transfer and assump-
tion, shall continue in full force and  effect  as  rules,  regulations,
acts,  orders,  determinations  and decisions of the office of the state
inspector general until duly modified or abrogated by the state  inspec-
tor general.
  S 13. Terms occurring in laws, contracts and other documents.  Whenev-
er  the office of the welfare inspector general or the welfare inspector
general is referred to or designated in any law,  contract  or  document
pertaining  to  the  functions,  powers,  obligations  and duties hereby
transferred to and assigned to the office of the state inspector general
or the state inspector general, such reference or designation  shall  be
deemed  to  refer  to  the  office of the state inspector general or the
state inspector general, as applicable.

S. 2607                            58                            A. 3007

  S 14. Existing rights and remedies preserved.  No  existing  right  or
remedy  of  any  character  shall  be  lost, impaired or affected by any
provisions of this act.
  S 15. Pending actions and proceedings. No action or proceeding pending
at  the  time when this act shall take effect, brought by or against the
office of the welfare inspector general or the welfare inspector  gener-
al,  shall be affected by any provision of this act, but the same may be
prosecuted or defended in the name of the state inspector general or the
office of the state inspector general, except the office  of  the  state
inspector  general  shall  have  no  authority  to prosecute any pending
cases. In all such actions and proceedings, the state inspector general,
upon application of the court, shall be substituted as a party.
  S 16. Transfer of appropriations heretofore made.  All  appropriations
or reappropriations heretofore made to the office of the welfare inspec-
tor  general  to  the  extent  of  remaining  unexpended or unencumbered
balance thereof, whether allocated or unallocated and whether  obligated
or unobligated, are hereby transferred to and made available for use and
expenditure  by the office of the state inspector general subject to the
approval of the director of the budget for the same purposes  for  which
originally appropriated or reappropriated and shall be payable on vouch-
ers  certified  or  approved by the state inspector general on audit and
warrant of the comptroller.
  S 17. Transfer of assets and liabilities. All assets  and  liabilities
of the office of the welfare inspector general are hereby transferred to
and assumed by the office of the state inspector general.
  S 18. This act shall take effect immediately.

                                 PART J

  Section  1.  Paragraph (b) of subdivision 3 of section 425 of the real
property tax law, as amended by section 1 of part B of  chapter  389  of
the laws of 1997, is amended to read as follows:
  (b)  Primary  residence.  The property must serve as the primary resi-
dence of one or more of  the  owners  thereof.  THE  COMMISSIONER  SHALL
ESTABLISH  GUIDELINES  FOR  DETERMINING WHAT CONSTITUTES A PRIMARY RESI-
DENCE FOR PURPOSES OF THIS SECTION. SUCH  GUIDELINES  SHALL  BE  BINDING
UPON  APPLICANTS,  ASSESSORS  AND  ALL OTHER PARTIES FOR PURPOSES OF THE
ADMINISTRATION OF THE EXEMPTION AUTHORIZED BY THIS SECTION.
  S 2. Subdivisions 12 and 13 of section 425 of the  real  property  tax
law,  as  amended  by  section 1 of part B of chapter 389 of the laws of
1997, paragraph (a) of subdivision 12 as amended by section 12 of part W
of chapter 56 of the laws of 2010, paragraph (b) of  subdivision  12  as
amended  and  paragraph  (d)  of subdivision 12 as added by section 1 of
part N of chapter 58 of the laws of 2011 and paragraph (d)  of  subdivi-
sion  13  as  added  by section 2 of part N of chapter 58 of the laws of
2011, are amended and two new subdivisions 14 and 15 are added  to  read
as follows:
  12.  Revocation  of  prior  exemptions.  (a) Generally. In addition to
discontinuing the exemption on the  next  ensuing  tentative  assessment
roll,  if  the assessor determines that the property improperly received
the exemption on one or more of the  [three]  TEN  preceding  assessment
rolls, or is advised by the department that the applicable income stand-
ard  was  not  satisfied  with  regard  to a property which received the
enhanced exemption on one or more  of  those  rolls,  he  or  she  shall
proceed  to revoke the improperly granted prior exemption or exemptions.
If the assessor is advised that the department was unable to verify  the

S. 2607                            59                            A. 3007

income  eligibility  of one or more participants in the income verifica-
tion program, the assessor shall mail that person  or  those  persons  a
notice in a form prescribed by the department requesting that the person
or  persons  document  their  income  in the same manner and to the same
extent as if the person or persons were submitting an  initial  applica-
tion  for  the  enhanced STAR exemption. If such income documentation is
not provided within forty-five days of such request, or if the  documen-
tation  provided  does  not  establish  the eligibility of the person or
persons to the assessor's satisfaction, the  assessor  shall  treat  the
exemption  as  an improperly granted exemption and proceed in the manner
provided by this subdivision.
  (b) Procedure. The assessed value attributable to each such improperly
granted exemption shall be entered separately on the next ensuing tenta-
tive or final assessment roll. The provisions of  section  five  hundred
fifty-one  or  five hundred fifty-three of this chapter, relating to the
entry by the assessor of omitted real property on a tentative  or  final
assessment  roll,  shall  apply  so far as practicable to the revocation
procedure IN THIS SUBDIVISION, except that:
  (I) the tax rate to be applied to any revoked exemption shall  be  the
tax  rate  that  was  applied to the corresponding assessment roll, [and
that]
  (II) interest shall then be added to each such  product  at  the  rate
prescribed by section nine hundred twenty-four-a of this chapter or such
other  law  as may be applicable for each month or portion thereon since
the levy of taxes upon the assessment  roll  or  rolls  upon  which  the
exemption was granted, AND
  (III)  A  PROCESSING  FEE OF FIVE HUNDRED DOLLARS SHALL BE ADDED. SUCH
PROCESSING FEE IMPOSED PURSUANT TO THIS SUBDIVISION SHALL BE RETAINED BY
THE ASSESSING UNIT.
  (c) Rights of owners. Each owner or owners shall be  given  notice  of
the  possible  revocation  UNDER  THIS SUBDIVISION of their exemption or
exemptions at the time and  in  the  manner  provided  by  section  five
hundred  ten  or  five hundred fifty-three of this chapter, and shall be
entitled to seek administrative and judicial review of  such  action  in
the manner provided by law.
  (d)  Applicability.  The  provisions  of this subdivision shall not be
applicable to the extent that  the  prior  exemptions  shall  have  been
renounced pursuant to section four hundred ninety-six of this article.
  13. Penalty for material misstatements. (a) Generally. If the assessor
should  determine, within [three] TEN years from the filing of an appli-
cation for exemption pursuant to this section, that there was a material
misstatement on the application, he or she shall  proceed  to  impose  a
penalty  tax against the property of [one hundred dollars] EITHER TWENTY
PERCENT OF THE TOTAL AMOUNT OF THE IMPROPERLY RECEIVED TAX  SAVINGS,  OR
ONE  HUNDRED  DOLLARS,  WHICHEVER  IS  GREATER.  An application shall be
deemed to contain a material misstatement for this purpose when either:
  (i) the applicant or applicants claimed that the  property  was  their
primary residence, when it was not; or
  (ii)    THE APPLICANT OR APPLICANTS CLAIMED THAT THEY HAD RELINQUISHED
THE STAR EXEMPTION ON THEIR FORMER PRIMARY RESIDENCE, WHEN THEY HAD NOT;
OR
  (III) in the case of an application for  the  enhanced  exemption  for
property owned by senior citizens, the applicant or applicants misrepre-
sented  their age or income so as to appear eligible for such exemption,
when they were not.

S. 2607                            60                            A. 3007

  (b) Procedure. When the assessor determines that a penalty tax  should
be  imposed, the penalty tax shall be entered on the next ensuing tenta-
tive or final assessment roll. The procedures set forth in section  five
hundred  fifty-one or five hundred fifty-three of this chapter, relating
to  the entry by the assessor of omitted real property on a tentative or
final assessment roll, shall apply so far as practicable when imposing a
penalty tax pursuant to this subdivision. Each owner or owners shall  be
given notice of the possible imposition of a penalty tax at the time and
in  the  manner  provided  by  section  five hundred ten or five hundred
fifty-three of this chapter, and shall be entitled to  seek  administra-
tive  and  judicial review of such action in the manner provided by law.
Any penalty tax imposed pursuant to this subdivision shall  be  retained
by the assessing unit.
  (c)  Additional consequences. A penalty tax may be imposed pursuant to
this subdivision whether or not the improper exemption has been  revoked
in the manner provided by this section. In addition, a person or persons
who are found to have made a material misstatement shall be disqualified
from  further  exemption pursuant to this section for a period of [five]
TEN years, and may be subject to prosecution pursuant to the penal law.
  (d) Applicability. The provisions of this  subdivision  shall  not  be
applicable  to  the  extent  that  the  prior exemptions shall have been
renounced pursuant to section four hundred ninety-six of this article.
  14. STAR REGISTRATION PROGRAM. (A) THE  COMMISSIONER  SHALL  ESTABLISH
AND  IMPLEMENT  A PROGRAM UNDER WHICH ALL OWNERS OF PROPERTIES INITIALLY
APPLYING FOR AND  THOSE  RECEIVING  A  BASIC  STAR  EXEMPTION  SHALL  BE
REQUIRED  TO  BE REGISTERED WITH THE COMMISSIONER IN THE MANNER, AT SUCH
INTERVALS, AND BY THE DATE OR DATES PRESCRIBED BY THE COMMISSIONER.
  (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE  COMMIS-
SIONER  SHALL  DIRECT THE REMOVAL OR DENIAL OF A STAR EXEMPTION IF HE OR
SHE FINDS THAT ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST:
  (I) ALL OWNERS OF  THE  PROPERTY  HAVE  NOT  BEEN  REGISTERED  BY  THE
PRESCRIBED  DATE  AND NO ACCEPTABLE JUSTIFICATION HAS BEEN PRESENTED FOR
SUCH FAILURE;
  (II) THE OWNERS OF THE PROPERTY ARE IMPROPERLY RECEIVING MULTIPLE STAR
EXEMPTIONS;
  (III) THE PROPERTY DOES NOT SERVE AS THE PRIMARY RESIDENCE OF  ANY  OF
ITS OWNERS;
  (IV) THE APPLICABLE INCOME LIMITATION HAS BEEN EXCEEDED; OR
  (V) THE PROPERTY IS OTHERWISE INELIGIBLE FOR THE STAR EXEMPTION.
  (C)  PRIOR  TO  DIRECTING  THAT  A STAR EXEMPTION BE REMOVED OR DENIED
PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE THE PROPER-
TY OWNERS WITH NOTICE AND AN OPPORTUNITY TO SHOW THE  COMMISSIONER  THAT
THE PROPERTY IS ELIGIBLE TO RECEIVE THE EXEMPTION. IF THE OWNERS FAIL TO
RESPOND  TO  SUCH  NOTICE,  OR  IF  THEIR  RESPONSE DOES NOT SHOW TO THE
COMMISSIONER'S SATISFACTION  THAT  THE  PROPERTY  IS  ELIGIBLE  FOR  THE
EXEMPTION,  THE  COMMISSIONER  SHALL DIRECT THE ASSESSOR OR OTHER PERSON
HAVING CUSTODY OR CONTROL OF THE ASSESSMENT ROLL OR TAX ROLL  TO  REMOVE
OR  DENY  THE  EXEMPTION,  AND  TO  CORRECT THE ROLL ACCORDINGLY. SUCH A
DIRECTIVE SHALL BE BINDING UPON THE  ASSESSOR  OR  OTHER  PERSON  HAVING
CUSTODY  OR  CONTROL  OF  THE  ASSESSMENT ROLL OR TAX ROLL, AND SHALL BE
IMPLEMENTED BY SUCH PERSON WITHOUT THE NEED FOR FURTHER DOCUMENTATION OR
APPROVAL.
  (D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION SIX
OF THIS SECTION, NEITHER AN ASSESSOR NOR A BOARD  OF  ASSESSMENT  REVIEW
HAS  THE  AUTHORITY TO CONSIDER AN OBJECTION TO THE REMOVAL OR DENIAL OF
AN EXEMPTION PURSUANT TO THIS SUBDIVISION, NOR MAY  SUCH  AN  ACTION  BE

S. 2607                            61                            A. 3007

REVIEWED  IN  A PROCEEDING TO REVIEW AN ASSESSMENT PURSUANT TO TITLE ONE
OR ONE-A OF ARTICLE SEVEN OF THIS CHAPTER. SUCH AN ACTION  MAY  ONLY  BE
CHALLENGED  BEFORE THE DEPARTMENT OF TAXATION AND FINANCE ON THE GROUNDS
OF  A  MISTAKE  OF  FACT. THE TAXPAYER SHALL HAVE NO RIGHT TO COMMENCE A
COURT ACTION, ADMINISTRATIVE PROCEEDING  OR  ANY  OTHER  FORM  OF  LEGAL
RECOURSE  AGAINST  THE  COMMISSIONER,  THE  DEPARTMENT  OF  TAXATION AND
FINANCE, ASSESSOR OR OTHER PERSON  HAVING  CUSTODY  OR  CONTROL  OF  THE
ASSESSMENT ROLL OR TAX ROLL REGARDING SUCH ACTION.
  (E) THE COMMISSIONER SHALL BE ENTITLED TO UTILIZE INFORMATION FROM ANY
FILINGS  OF  A  TAXPAYER  WITH THE DEPARTMENT OF TAXATION AND FINANCE IN
CONJUNCTION WITH THE STAR REGISTRATION PROGRAM. THE  DISCLOSURE  TO  THE
ASSESSOR  OR  OTHER  PERSON  HAVING CUSTODY OR CONTROL OF THE ASSESSMENT
ROLL OR TAX ROLL OF NAMES AND ADDRESSES OF PROPERTY OWNERS  AFFECTED  BY
THIS  SUBDIVISION,  COLLECTED  FROM  THE  REGISTRATION PROCESS AND OTHER
FILINGS WITH THE DEPARTMENT OF TAXATION AND FINANCE SHALL NOT CONSTITUTE
A VIOLATION OF THE SECRECY PROVISIONS OF THE TAX LAW.  THE  COMMISSIONER
SHALL PROVIDE NO OTHER INFORMATION ABOUT THE INCOME OF A TAXPAYER TO THE
ASSESSOR  OR  OTHER  PERSON  HAVING CUSTODY OR CONTROL OF THE ASSESSMENT
ROLL OR TAX ROLL.
  15. DISCLOSURE OF CERTAIN DATA.  THE  COMMISSIONER  IS  AUTHORIZED  TO
DISCLOSE TO ASSESSORS AND COUNTY DIRECTORS OF REAL PROPERTY TAX SERVICES
SUCH  DATA  AS HE OR SHE DEEMS NECESSARY TO THE EFFECTIVE ADMINISTRATION
OF THE STAR EXEMPTION AUTHORIZED BY THIS  SECTION,  NOTWITHSTANDING  THE
SECRECY  PROVISIONS  OF THE TAX LAW, PROVIDED THAT THE DATA SO DISCLOSED
SHALL NOT BE SUBJECT TO FURTHER DISCLOSURE  UNDER  ARTICLE  SIX  OF  THE
PUBLIC OFFICERS LAW OR OTHERWISE.
  S 3. This act shall take effect April 1, 2013.

                                 PART K

  Section  1.  Articles 16 and 17 of the private housing finance law are
REPEALED.
  S 2. The private housing finance law is amended by adding a new  arti-
cle 27 to read as follows:
                               ARTICLE XXVII
                     COMMUNITY PRESERVATION PROGRAM
SECTION 1230. PURPOSE.
        1231. DEFINITIONS.
        1232. PROGRAM CONTRACTS.
        1233. TECHNICAL  SERVICES  AND ASSISTANCE TO COMMUNITY PRESERVA-
                TION CORPORATIONS.
        1234. RULES AND REGULATIONS.
        1235. ANNUAL REPORT.
        1236. RELATIONSHIP TO OTHER LAWS.
  S 1230. PURPOSE. THERE CONTINUES TO EXIST IN ALL AREAS  OF  THE  STATE
SIGNIFICANT UNMET HOUSING NEEDS OF PERSONS AND FAMILIES OF LOW OR MODER-
ATE INCOME, NUMEROUS HOUSING UNITS WHICH ARE DETERIORATING OR IN NEED OF
REHABILITATION  OR IMPROVEMENT, AND RELATED FACTORS DEMONSTRATING A NEED
FOR ATTENTION TO HOUSING PRESERVATION AND COMMUNITY REVITALIZATION.   IT
IS  THE  PURPOSE  OF  THIS ARTICLE TO ESTABLISH A COMMUNITY PRESERVATION
PROGRAM WITHIN THE HOUSING TRUST FUND CORPORATION.
  S 1231. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "HOUSING TRUST FUND CORPORATION" SHALL MEAN THE HOUSING TRUST  FUND
CORPORATION AS CREATED BY SECTION FORTY-FIVE-A OF THIS CHAPTER.
  2.  "COMMUNITY  PRESERVATION  CORPORATION"  SHALL  MEAN  A CORPORATION
ORGANIZED UNDER THE PROVISIONS OF  THE  NOT-FOR-PROFIT  CORPORATION  LAW

S. 2607                            62                            A. 3007

THAT  HAS  BEEN  ENGAGED PRIMARILY IN HOUSING PRESERVATION AND COMMUNITY
RENEWAL ACTIVITIES AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION.
  3. "ELIGIBLE APPLICANT" SHALL MEAN ANY COMMUNITY CORPORATION OR COMBI-
NATION  OF  CORPORATIONS  IN EXISTENCE FOR A PERIOD OF ONE OR MORE YEARS
PRIOR TO APPLICATION.
  4. "REGION" SHALL MEAN ANY COMMUNITY AREA WITHIN THE STATE SUCH  AS  A
COUNTY,  CITY, TOWN, VILLAGE, POSTAL ZONE, OR CENSUS TRACT OR ANY SPECI-
FIED PART OR COMBINATION THEREOF AS APPROVED BY THE HOUSING  TRUST  FUND
CORPORATION, WITHIN WHICH HOUSING AND COMMUNITY RENEWAL ACTIVITIES FUND-
ED IN PART PURSUANT TO THIS ARTICLE ARE TO BE CARRIED OUT.
  5.  "HOUSING PRESERVATION AND COMMUNITY RENEWAL ACTIVITIES" SHALL MEAN
ACTIVITIES ENGAGED IN BY A COMMUNITY PRESERVATION CORPORATION  WITHIN  A
REGION,  PROVIDED,  HOWEVER, THAT THE HOUSING TRUST FUND CORPORATION MAY
ALLOW A COMMUNITY PRESERVATION CORPORATION TO ENGAGE IN SUCH  ACTIVITIES
IN UNSERVED AND UNDERSERVED AREAS OF A MUNICIPALITY LYING OUTSIDE OF ITS
DESIGNATED  REGION, THAT INCLUDE: (A) THE NEW CONSTRUCTION OR THE ACQUI-
SITION,  MAINTENANCE,  PRESERVATION,  REPAIR,  REHABILITATION  OR  OTHER
IMPROVEMENT  OF VACANT OR OCCUPIED HOUSING ACCOMMODATIONS; DEMOLITION OR
SEALING OF VACANT STRUCTURES WHERE NECESSARY OR APPROPRIATE; DISPOSITION
OF HOUSING ACCOMMODATIONS TO PRESENT OR POTENTIAL OCCUPANTS OR CO-OPERA-
TIVE ORGANIZATIONS; TRAINING OR OTHER FORMS OF ASSISTANCE  TO  OCCUPANTS
OF  HOUSING  ACCOMMODATIONS; AND MANAGEMENT OF HOUSING ACCOMMODATIONS AS
AGENT FOR THE OWNERS, RECEIVERS, ADMINISTRATORS  OR  MUNICIPALITIES;  OR
(B)  ACTIVITIES,  SIMILAR  TO  THOSE  SPECIFIED IN PARAGRAPH (A) OF THIS
SUBDIVISION, AIMED AT ACCOMPLISHING SIMILAR PURPOSES AND MEETING SIMILAR
NEEDS WITH RESPECT TO RETAIL AND SERVICE ESTABLISHMENTS WITHIN A  REGION
WHEN CARRIED OUT IN CONNECTION WITH AND INCIDENTAL TO A PROGRAM OF HOUS-
ING RELATED ACTIVITIES.
  6.  "PERSONS  OF LOW INCOME" SHALL MEAN INDIVIDUALS AND FAMILIES WHOSE
ANNUAL INCOMES DO NOT EXCEED NINETY PERCENT OF THE MEDIAN ANNUAL  INCOME
FOR  ALL  RESIDENTS  OF  THE REGION WITHIN WHICH THEY RESIDE OR A LARGER
AREA ENCOMPASSING SUCH REGION FOR WHICH  MEDIAN  ANNUAL  INCOME  CAN  BE
DETERMINED.
  7.  "MERGED  CORPORATION"  SHALL  MEAN A COMMUNITY PRESERVATION CORPO-
RATION MAINTAINING A CONTRACT PURSUANT TO THIS ARTICLE THAT  HAS  UNDER-
GONE  A  MERGER  WITH  ONE  OR  MORE OTHER COMMUNITY PRESERVATION CORPO-
RATIONS, WHICH IS ALSO MAINTAINING A CONTRACT PURSUANT TO THIS  ARTICLE,
THAT  HAS  LED  THE MERGED CORPORATION TO REDUCE THE NUMBER OF CONTRACTS
BEING MAINTAINED WITH THE HOUSING TRUST  FUND  CORPORATION  PURSUANT  TO
THIS ARTICLE TO A TOTAL OF ONE.
  8.  "UNMERGED  CORPORATION" SHALL MEAN A COMMUNITY PRESERVATION CORPO-
RATION THAT IS NOT A MERGED CORPORATION.
  S 1232. PROGRAM CONTRACTS. 1. IN ORDER TO BE ELIGIBLE TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, AN ELIGIBLE APPLICANT SHALL SUBMIT A  PROPOSAL
BASED ON CRITERIA AS DETERMINED BY THE HOUSING TRUST FUND CORPORATION.
  2.  WITHIN  THE LIMIT OF FUNDS AVAILABLE IN THE COMMUNITY PRESERVATION
APPROPRIATION,  THE  HOUSING  TRUST  FUND  CORPORATION  MAY  ENTER  INTO
CONTRACTS WITH CORPORATIONS TO PROVIDE HOUSING PRESERVATION AND COMMUNI-
TY RENEWAL ACTIVITIES.
  3.  IN DETERMINING TO ENTER INTO A CONTRACT WITH A COMMUNITY PRESERVA-
TION CORPORATION OR CORPORATIONS PURSUANT TO THIS  ARTICLE  THE  HOUSING
TRUST  FUND  CORPORATION  SHALL DETERMINE THAT THE DEMOGRAPHIC AND OTHER
RELEVANT DATA PERTAINING TO A REGION AS SPECIFIED IN THE CONTRACT  INDI-
CATE  THAT  SUCH  REGION  CONTAINS  SIGNIFICANT  UNMET  HOUSING NEEDS OF
PERSONS OF LOW INCOME, THAT THE HOUSING STOCK OF SUCH REGION, BECAUSE OF
ITS AGE, DETERIORATION, OR OTHER FACTORS, REQUIRES IMPROVEMENT IN  ORDER

S. 2607                            63                            A. 3007

TO  PRESERVE  THE COMMUNITIES WITHIN THE REGION AND THAT THE CORPORATION
PROPOSES TO ASSIST SUCH REGION THROUGH ACTIVE INTERVENTION TO EFFECT THE
REGION'S PRESERVATION, STABILIZATION OR IMPROVEMENT. THE  HOUSING  TRUST
FUND  CORPORATION  SHALL  ALSO DETERMINE THAT THE COMMUNITY PRESERVATION
CORPORATION POSSESSES OR WILL ACQUIRE OR GAIN ACCESS  TO  THE  REQUISITE
STAFF,  OFFICE FACILITIES WITHIN SUCH COMMUNITY, EQUIPMENT AND EXPERTISE
TO ENABLE IT TO PERFORM THE ACTIVITIES WHICH IT  PROPOSES  TO  UNDERTAKE
PURSUANT  TO  SUCH  CONTRACT;  PROVIDED, HOWEVER, THAT THE MERGED CORPO-
RATION'S OFFICE FACILITIES MAY BE LOCATED OUTSIDE SUCH COMMUNITY IF THEY
ARE LOCATED IN A COMMUNITY WHOLLY CONTAINED  WITHIN  THE  MERGED  CORPO-
RATION'S  COMMUNITY, AND PROVIDED FURTHER, HOWEVER, THAT IT SHALL NOT BE
A BAR TO THE HOUSING TRUST FUND CORPORATION'S CONTRACTING WITH A  COMMU-
NITY  PRESERVATION  CORPORATION  THAT ONE OR MORE ORGANIZATIONS, WHETHER
PURSUANT TO CONTRACT WITH THE HOUSING TRUST FUND CORPORATION OR NOT, ARE
CONDUCTING COMMUNITY PRESERVATION ACTIVITIES WHOLLY OR PARTIALLY  WITHIN
THE  SAME  COMMUNITY. THE COMMUNITY PRESERVATION CORPORATION'S OFFICERS,
DIRECTORS AND MEMBERS SHALL BE FAIRLY REPRESENTATIVE  OF  THE  RESIDENTS
AND  OTHER  LEGITIMATE  INTERESTS OF THE COMMUNITY, THAT THEY WILL CARRY
OUT  SUCH  A  CONTRACT  IN  A  RESPONSIBLE  MANNER  AND  THAT  AT  LEAST
THIRTY-THREE  PERCENT  OF  THE  DIRECTORS  OF THE COMMUNITY PRESERVATION
CORPORATION ARE RESIDENTS OF THE COMMUNITY.
  4. EACH CONTRACT ENTERED INTO PURSUANT TO THIS ARTICLE  SHALL  PROVIDE
FOR PAYMENT TO THE CORPORATION FOR THE HOUSING PRESERVATION AND COMMUNI-
TY  RENEWAL ACTIVITIES TO BE PERFORMED BY IT. PAYMENTS SHALL BE BASED ON
PERFORMANCE CRITERIA ESTABLISHED BY THE HOUSING TRUST FUND CORPORATION.
  5. PAYMENT PURSUANT TO  THIS  ARTICLE  SHALL  BE  RESTRICTED  TO  SUMS
REQUIRED  FOR  THE  PAYMENT  OF  SALARIES AND WAGES TO EMPLOYEES OF SUCH
CORPORATIONS WHO ARE  ENGAGED  IN  RENDERING  HOUSING  PRESERVATION  AND
COMMUNITY  RENEWAL  ACTIVITIES,  FEES  TO  CONSULTANTS AND PROFESSIONALS
RETAINED BY THEM FOR PLANNING AND PERFORMING SUCH ACTIVITIES  AND  OTHER
COSTS  AND  EXPENSES DIRECTLY RELATED TO SUCH EMPLOYEES, CONSULTANTS AND
PROFESSIONALS. SUCH FUNDS MAY BE USED FOR PLANNING ANY HOUSING PRESERVA-
TION AND COMMUNITY  RENEWAL  ACTIVITY  AND  FOR  RENOVATING,  REPAIRING,
FURNISHING,  EQUIPPING  AND  OPERATING  AN OFFICE FACILITY TO BE USED IN
CONNECTION WITH  THE  CONDUCT  OF  HOUSING  PRESERVATION  AND  COMMUNITY
RENEWAL ACTIVITIES BY THE CORPORATION.
  6.  CONTRACTS  PURSUANT  TO  THIS  SECTION SHALL BE FOR A PERIOD TO BE
DETERMINED AT THE DISCRETION OF THE HOUSING TRUST FUND CORPORATION.
  7. THE HOUSING TRUST FUND CORPORATION MAY WITHHOLD  PAYMENTS  AND  MAY
ELECT  NOT  TO RENEW OR EXTEND A CONTRACT OR ENTER A SUCCEEDING CONTRACT
WITH ANY COMMUNITY PRESERVATION CORPORATION IF THE CORPORATION IS NOT IN
COMPLIANCE  WITH  ITS  CONTRACT,  HAS  FAILED  TO  SUBMIT  DOCUMENTATION
REQUIRED  UNDER  ITS  CONTRACT  OR  REQUESTED  BY THE HOUSING TRUST FUND
CORPORATION OR HAS NOT SATISFIED ANY OTHER  CONDITIONS  CONSISTENT  WITH
THIS ARTICLE FOR RENEWING OR EXTENDING A CONTRACT OR ENTERING A SUCCEED-
ING CONTRACT.
  8.  THE  HOUSING  TRUST FUND CORPORATION MAY ENTER INTO CONTRACTS WITH
NEW COMMUNITY PRESERVATION CORPORATIONS TO PERFORM HOUSING  PRESERVATION
AND  COMMUNITY  RENEWAL  ACTIVITIES  IN  A COMMUNITY THAT IS UNSERVED OR
UNDERSERVED AS DETERMINED BY THE HOUSING TRUST FUND CORPORATION.
  9. IF FUNDS ARE NOT COLLECTED BY A COMMUNITY PRESERVATION  CORPORATION
OR   FUNDS  ARE  REMAINING  FROM  A  TERMINATED  COMMUNITY  PRESERVATION
CONTRACT, SUCH FUNDS MAY BE DEPOSITED IN THE MERGED CORPORATION  SAVINGS
FUND  AND  USED TO FUND A NEW COMMUNITY PRESERVATION CORPORATION, MAY BE
REALLOCATED TO THE EXISTING CORPORATIONS, MAY BE USED TO PROVIDE TECHNI-

S. 2607                            64                            A. 3007

CAL ASSISTANCE OR MAY BE USED FOR OTHER COMMUNITY  PRESERVATION  PROGRAM
PURPOSES AS DETERMINED BY THE HOUSING TRUST FUND CORPORATION.
  10.  WHEN  DISBURSING  FUNDS FOR CONTRACTS WITH COMMUNITY PRESERVATION
CORPORATIONS, PURSUANT TO THIS ARTICLE, THE HOUSING  TRUST  FUND  CORPO-
RATION  SHALL  USE THE FOLLOWING CRITERIA, FORMULAS AND TABLES TO DETER-
MINE THE DISTRIBUTION OF FUNDS:
  (A) (I) THE TOTAL UNMERGED CORPORATION FUNDING SHALL EQUAL THE CURRENT
NUMBER OF UNMERGED CORPORATION CONTRACTS MULTIPLIED  BY  THE  PER  GROUP
AWARD.
  (II) THE UNMERGED CORPORATION FUNDING SHALL EQUAL THE PER GROUP AWARD.
  (III) THE MERGED CORPORATION FUNDING SHALL EQUAL THE FUNDING MODIFICA-
TION MULTIPLIED BY THE PER GROUP AWARD.
  (B)  MERGED  CORPORATION  FUNDING SHALL BE DETERMINED ON AN INDIVIDUAL
BASIS FOR EACH COMMUNITY PRESERVATION CORPORATION. THE FOLLOWING  TABLES
SHOW THE FUNDING MODIFICATION TO BE USED:
  (I) IN THE CASE OF TWO CORPORATIONS MERGING, THE FOLLOWING TABLE SHALL
BE USED:
     YEARS SINCE      FUNDING
        MERGER      MODIFICATION
          1             200%
          2             190%
          3             180%
          4             170%
          5             160%
          6             150%
  (II)  IN  THE  CASE OF THREE CORPORATIONS MERGING, THE FOLLOWING TABLE
SHALL BE USED:
     YEARS SINCE      FUNDING
        MERGER      MODIFICATION
           1            300%
           2            290%
           3            280%
           4            270%
           5            260%
           6            250%
           7            240%
           8            230%
           9            220%
          10            210%
          11            200%
  (III) IN THE CASE OF FOUR OR MORE CORPORATIONS MERGING, THE  FOLLOWING
TABLE SHALL BE USED:
     YEARS SINCE      FUNDING
        MERGER      MODIFICATION
           1            400%
           2            390%
           3            380%
           4            370%
           5            360%
           6            350%
           7            340%
           8            330%
           9            320%
          10            310%
          11            300%
          12            290%

S. 2607                            65                            A. 3007

          13            280%
          14            270%
          15            260%
          16            250%
  (C) IF A COMMUNITY PRESERVATION CORPORATION THAT HAS UNDERGONE A MERG-
ER CONTINUES TO RENEW THEIR CONTRACT BEYOND THE TIMEFRAMES LISTED IN THE
ABOVE  TABLES, IT SHALL HAVE ITS FUNDING DETERMINED USING THE LAST FUND-
ING MODIFICATION LISTED.
  (D) THE MERGED CORPORATION SAVINGS SHALL BE DETERMINED ON AN  INDIVID-
UAL  BASIS  FOR  EACH  MERGED  CORPORATION.  IT  SHALL  BE CALCULATED BY
SUBTRACTING THE AMOUNT OF SUCH CORPORATION'S MERGED CORPORATION  FUNDING
FROM  THE AMOUNT THE MERGED CORPORATIONS WOULD HAVE RECEIVED IF THEY HAD
MAINTAINED SEPARATE CONTRACTS.
  (E) THE PER GROUP AWARD SHALL BE  DETERMINED  BY  DIVIDING  THE  TOTAL
FUNDING  AVAILABLE, MINUS THE AMOUNTS OF ANY CONTRACTS FOR THE PROVISION
OF TECHNICAL ASSISTANCE, BY THE NUMBER OF COMMUNITY PRESERVATION  CORPO-
RATIONS DETERMINED TO BE QUALIFIED FOR FUNDING BY THE HOUSING TRUST FUND
CORPORATION  AS  OF  THE  EFFECTIVE  DATE OF THIS ARTICLE AND SUBSEQUENT
THERETO, WHICH WERE IN  EXISTENCE  AS  OF  AUGUST  FIRST,  TWO  THOUSAND
TWELVE,  OR WHICH CAME INTO EXISTENCE THEREAFTER, MINUS ANY CORPORATIONS
WHICH HAVE CEASED TO EXIST AND WERE NOT REPLACED OR MERGED.
  11. THE HOUSING TRUST FUND CORPORATION SHALL CREATE A FUND TO HOLD AND
SHALL TRANSFER ALL FUNDS DETERMINED TO  BE  MERGED  CORPORATION  SAVINGS
PURSUANT  TO  PARAGRAPH (D) OF SUBDIVISION TEN OF THIS SECTION INTO SUCH
FUND. THE HOUSING TRUST FUND CORPORATION SHALL USE SUCH FUNDS, AS AVAIL-
ABLE, FOR ENTERING INTO NEW CONTRACTS OR REALLOCATING FUNDS TO  EXISTING
CORPORATIONS,  PURSUANT  TO  THIS  SECTION,  WITH COMMUNITY PRESERVATION
CORPORATIONS LOCATED IN AREAS OF THE STATE THAT ARE  CURRENTLY  UNSERVED
BY A COMMUNITY PRESERVATION CORPORATION.
  S  1233.  TECHNICAL  SERVICES AND ASSISTANCE TO COMMUNITY PRESERVATION
CORPORATIONS. THE HOUSING TRUST FUND CORPORATION IS HEREBY AUTHORIZED TO
RENDER TO COMMUNITY PRESERVATION CORPORATIONS  SUCH  TECHNICAL  SERVICES
AND  ASSISTANCE AS IT MAY POSSESS OR AS MAY BE AVAILABLE TO IT TO ENABLE
SUCH CORPORATIONS TO COMPLY WITH THE INTENT AND PROVISIONS OF THIS ARTI-
CLE. THE HOUSING TRUST FUND CORPORATION IS FURTHER  AUTHORIZED  TO  TAKE
ALL  STEPS NECESSARY TO ENCOURAGE THE FORMATION, ORGANIZATION AND GROWTH
OF NEW COMMUNITY  PRESERVATION  CORPORATIONS.  THE  HOUSING  TRUST  FUND
CORPORATION  MAY  ALSO CONTRACT WITH MUNICIPAL AND OTHER PUBLIC AGENCIES
AND WITH PRIVATE PERSONS, FIRMS AND CORPORATIONS FOR  THE  PROVISION  OF
SUCH  TECHNICAL  SERVICES  AND ASSISTANCE WHICH MAY INCLUDE: PREPARATION
AND SUBMISSION OF PROPOSALS FOR ENTERING INTO CONTRACTS WITH THE HOUSING
TRUST FUND CORPORATION; PREPARATION AND SUBMISSION OF  REPORTS  REQUIRED
UNDER  SUCH  CONTRACTS  OR  REGULATIONS ISSUED BY THE HOUSING TRUST FUND
CORPORATION; INTERNAL ORGANIZATION AND MANAGEMENT OF THE COMMUNITY PRES-
ERVATION CORPORATIONS; RECRUITMENT AND  TRAINING  OF  PERSONNEL  OF  THE
COMMUNITY  PRESERVATION CORPORATIONS; PREPARATION OF PLANS AND PROJECTS,
NEGOTIATION OF AGREEMENTS AND COMPLIANCE WITH REQUIREMENTS  OF  PROGRAMS
IN  WHICH  COMMUNITY PRESERVATION CORPORATIONS MAY BECOME ENGAGED IN THE
COURSE OF THEIR COMMUNITY PRESERVATION ACTIVITIES; AND  OTHER  TECHNICAL
ADVICE  OR ASSISTANCE RELATING TO THE PERFORMANCE OR RENDITION OF COMMU-
NITY PRESERVATION ACTIVITIES.
  S 1234. RULES AND REGULATIONS. THE HOUSING TRUST FUND CORPORATION  MAY
ISSUE RULES AND REGULATIONS OR OPERATIONAL BULLETINS FOR THE APPLICATION
AND AWARDING OF FUNDS UNDER THIS ARTICLE.
  S 1235. ANNUAL REPORT. THE HOUSING TRUST FUND CORPORATION SHALL, ON OR
BEFORE  SEPTEMBER THIRTIETH IN EACH YEAR SUBMIT A REPORT TO THE LEGISLA-

S. 2607                            66                            A. 3007

TURE ON THE IMPLEMENTATION OF THIS ARTICLE. SUCH REPORT  SHALL  INCLUDE,
BUT  NOT  BE  LIMITED  TO, FOR EACH CORPORATION RECEIVING PAYMENTS UNDER
THIS ARTICLE: A DESCRIPTION OF SUCH CORPORATION'S  CONTRACT  AMOUNT  AND
CUMULATIVE   TOTAL;   THE  SPECIFIC  COMMUNITY  PRESERVATION  ACTIVITIES
PERFORMED BY SUCH CORPORATION; THE  FINDINGS  REQUIRED  BY  THE  HOUSING
TRUST FUND CORPORATION UNDER SUBDIVISION THREE OF SECTION TWELVE HUNDRED
THIRTY-TWO OF THIS ARTICLE; THE AMOUNTS OF MONIES RECEIVED BY THE CORPO-
RATION  FROM  SOURCES OTHER THAN PAYMENTS MADE PURSUANT TO THIS ARTICLE;
THE VALUE OF SERVICES RENDERED FOR THE BENEFIT OF  THE  CORPORATION  FOR
WHICH  PAYMENT IS NOT REQUIRED TO BE MADE; AND SUCH OTHER INFORMATION AS
THE HOUSING TRUST FUND CORPORATION DEEMS APPROPRIATE.
  S 1236. RELATIONSHIP TO OTHER LAWS. NOTHING IN THIS ARTICLE  SHALL  BE
DEEMED  TO DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO SEEK OR RECEIVE
ASSISTANCE UNDER, OR OTHERWISE PARTICIPATE IN, ANY OTHER PROGRAM  PURSU-
ANT TO THIS CHAPTER, OR ANY OTHER GOVERNMENTAL PROGRAM RELATING TO HOUS-
ING  OR  COMMUNITY RENEWAL.   NOTHING IN THIS ARTICLE SHALL BE DEEMED TO
DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO CARRY OUT ANY  PROGRAM  OR
SERVICE THROUGH A SUBSIDIARY CORPORATION OR OTHER INSTRUMENTALITY.
  S  3. Subdivision 5 of section 921 of the private housing finance law,
as added by chapter 166 of the laws of  1991,  is  amended  to  read  as
follows:
  5.  "Neighborhood"  shall mean an area within the municipality identi-
fied by recognized or established boundaries consistent with a  determi-
nation  of neighborhood eligibility under article [sixteen] TWENTY-SEVEN
of this chapter.
  S 4. The opening paragraph of section  1021  of  the  private  housing
finance  law, as added by chapter 911 of the laws of 1982, is amended to
read as follows:
  As used in this article, any term defined in article [seventeen] TWEN-
TY-SEVEN of this chapter shall have the same meaning herein as set forth
therein and the following terms shall have the following meanings:
  S 5. Section 1051 of the private housing  finance  law,  as  added  by
chapter 725 of the laws of 1983, is amended to read as follows:
  S  1051. Legislative findings and statement of policy. The legislature
hereby finds and declares that there exists  in  many  portions  of  the
rural  areas  of  the  state  substantial  needs  for revitalization and
improvement of housing and of local commercial and  service  facilities,
and  for related community renewal activities. The findings set forth in
article [seventeen] TWENTY-SEVEN of this chapter, with  respect  to  the
special  needs  and problems of such areas and the significant potential
role of locally based not-for-profit organizations in  helping  to  meet
such  needs,  are  hereby  reaffirmed. The legislature hereby determines
that, in addition to the program of  state  support  to  help  meet  the
administrative  expenses of such organizations under article [seventeen]
TWENTY-SEVEN, a further public  need  exists  for  state  funding  of  a
portion  of the costs of specific revitalization projects carried out by
such groups and similar local organizations. It is the purpose  of  this
article to encourage community preservation and improvement in the rural
area of the state by establishing a program of such funding.
  S  6.  Section  1052  of  the private housing finance law, as added by
chapter 725 of the laws of 1983 and paragraph 3 of  subdivision  (b)  as
added by chapter 166 of the laws of 1991, is amended to read as follows:
  S 1052. Definitions. As used in this article:
  (a)  all  terms  defined  in  article [seventeen] TWENTY-SEVEN of this
chapter shall have the same meanings herein as specified therein; and
  (b) the following terms shall have the following meanings:

S. 2607                            67                            A. 3007

  (1) "rural area revitalization  project"  means  a  specific  work  or
series  of  works  for the revitalization and improvement of a region of
the rural area of the state through creation, preservation  or  improve-
ment  of  housing  resources;  creation,  preservation or improvement of
local commercial facilities; restoration or improvement of public facil-
ities  or other aspects of the area environment; related community pres-
ervation or renewal activities; or any combination of the above.
  (2) "qualified applicant" means  a  not-for-profit  corporation  under
contract pursuant to article [seventeen] TWENTY-SEVEN of this chapter or
any  other locally based organization which is either incorporated under
the not-for-profit corporation law (or such law together with any  other
applicable  law) or, if unincorporated, is not organized for the private
profit or benefit of its members.
  (3) "Corporation" means the housing trust fund corporation established
in section forty-five-a of this chapter.
  S 7. Subdivision 3 of section 1053 of the private housing finance law,
as amended by chapter 63 of the laws of 2012,  is  amended  to  read  as
follows:
  3. Each contract pursuant to this section shall provide for payment by
the  corporation  for  the  activities to be carried out pursuant to the
contract. Such payment shall be based on the  projected  costs  of  such
activities  and  the  other sources of funding which may be available to
the applicant (including, if applicable,  funding  pursuant  to  article
[seventeen]  TWENTY-SEVEN  of  this  chapter) from any source. Up to ten
percent of the program or project cost may be  used  for  the  qualified
applicant's  operating  expenses including expenses related to organiza-
tion operating support and administration of  the  contract.  The  total
state  payment pursuant to any one contract shall not exceed two hundred
thousand dollars.
  S 8. This act shall take effect July 1, 2013.

                                 PART L

  Section 1. Subdivision 8 of section 2404 of the public authorities law
is REPEALED and a new subdivision 8 is added to read as follows:
  (8) TO INVEST ANY FUNDS OR OTHER MONEYS UNDER ITS CUSTODY AND  CONTROL
IN INVESTMENT SECURITIES OR UNDER ANY ANCILLARY BOND FACILITY;
  S  2.  Section 2402 of the public authorities law is amended by adding
two new subdivisions 18 and 19 to read as follows:
  (18) "INVESTMENT SECURITIES". SUBJECT TO, OR AS OTHERWISE PROVIDED IN,
THE PROVISIONS OF ANY CONTRACT  WITH  BONDHOLDERS  OF  THE  AGENCY:  (I)
GENERAL  OBLIGATIONS  OF, OR OBLIGATIONS GUARANTEED BY, ANY STATE OF THE
UNITED STATES OF AMERICA OR POLITICAL SUBDIVISION THEREOF, THE  DISTRICT
OF  COLUMBIA,  OR ANY AGENCY OR INSTRUMENTALITY THEREOF RECEIVING ONE OF
THE THREE HIGHEST LONG-TERM UNSECURED DEBT RATING  CATEGORIES  AVAILABLE
FOR  SUCH  SECURITIES OF AT LEAST ONE INDEPENDENT RATING AGENCY; OR (II)
CERTIFICATES OF DEPOSIT, SAVINGS ACCOUNTS, TIME DEPOSITS OR OTHER  OBLI-
GATIONS  OR  ACCOUNTS OF BANKS OR TRUST COMPANIES IN THE STATE, SECURED,
IF THE AGENCY SHALL SO REQUIRE, IN SUCH MANNER  AS  THE  AGENCY  MAY  SO
DETERMINE;  OR  (III)  OTHERWISE, IN THE DISCRETION OF THE AGENCY, OBLI-
GATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO  INVEST,  PURSUANT  TO
EITHER SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF THE STATE FINANCE LAW.
  (19)  "ANCILLARY BOND FACILITY". ANY INTEREST RATE EXCHANGE OR SIMILAR
AGREEMENT OR ANY BOND INSURANCE POLICY, LETTER OF CREDIT OR OTHER CREDIT
ENHANCEMENT FACILITY, LIQUIDITY FACILITY, GUARANTEED INVESTMENT OR REIN-
VESTMENT AGREEMENT, OR OTHER SIMILAR AGREEMENT, ARRANGEMENT OR CONTRACT.

S. 2607                            68                            A. 3007

  S 3. Subdivision 9 of section 2427 of the public authorities  law,  as
added by chapter 788 of the laws of 1978, is amended to read as follows:
  9.  To invest any funds held in reserves or sinking funds or any funds
not required for immediate use or disbursement, at the discretion of the
agency, in obligations of the state [of] OR federal government or of any
city of the state, the principal and interest of which are guaranteed by
the state or  federal  government,  OBLIGATIONS  OF  PUBLIC  AUTHORITIES
CREATED UNDER NEW YORK STATE LAW, obligations of agencies of the federal
government,  GOVERNMENT  NATIONAL MORTGAGE ASSOCIATION, FEDERAL NATIONAL
MORTGAGE ASSOCIATION, AND THE FEDERAL  HOME  LOAN  MORTGAGE  CORPORATION
MORTGAGE  BACKED  SECURITIES,  OR IN FHA INSURED LOANS ORIGINATED BY THE
NEW YORK STATE HOUSING FINANCE AGENCY, or special time deposits  in,  or
certificates of deposit issued by, a bank or trust company authorized to
do  business  in the state and secured by a pledge of obligations of the
United States of America or obligations of the state, any  city  of  the
state,  other  municipal corporation, school district or district corpo-
ration of the state or obligations of agencies of  the  federal  govern-
ment,  provided  that  any  such investment from time to time (1) may be
legally purchased by savings banks of the state as investments of  funds
belonging  to  them or in their control and (2) shall be approved by the
comptroller.
  S 4. Subdivision 4 of section 2429-b of the public authorities law, as
amended by chapter 3 of the laws of 2004, is amended to read as follows:
  4. Moneys in such fund may be invested (a)  in  special  time  deposit
accounts  in, or certificates of deposit issued by, a bank, trust compa-
ny, savings bank or savings and loan association located and  authorized
to  do business in this state, provided, however, that such time deposit
account or certificate of deposit shall be payable within such  time  as
the proceeds may be needed to meet expenditures estimated to be incurred
by  the  agency  and  provided further that such time deposit account or
certificate of deposit be secured by a  pledge  of  obligations  of  the
United  States  of  America or obligations of the state, any city of the
state, or other  municipal  corporation,  school  district  or  district
corporation  of  the  state  or  obligations  of agencies of the federal
government; or (b) in obligations of the United States of America or the
state which may from time to time be legally purchased by savings  banks
within the state as an investment of funds belonging to them or in their
control, or in obligations of the Federal National Mortgage Association,
OR  IN  GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, FEDERAL NATIONAL MORT-
GAGE ASSOCIATION, AND THE FEDERAL HOME LOAN MORTGAGE  CORPORATION  MORT-
GAGE  BACKED  SECURITIES,  OR IN FHA INSURED LOANS ORIGINATED BY THE NEW
YORK STATE HOUSING FINANCE AGENCY OR IN OBLIGATIONS OF  PUBLIC  AUTHORI-
TIES CREATED UNDER STATE LAW, provided such obligations shall be payable
or  redeemable  at  the  option  of  the  owner within such times as the
proceeds may be needed to meet expenditures estimated to be incurred  by
the agency.
  S 5. Subdivision 8 of section 44 of the private housing finance law is
REPEALED and a new subdivision 8 is added to read as follows:
  8.  TO  INVEST ANY FUNDS OR OTHER MONEYS UNDER ITS CUSTODY AND CONTROL
IN INVESTMENT SECURITIES OR UNDER ANY ANCILLARY BOND FACILITY.
  S 6. Section 42 of the private  housing  finance  law  is  amended  by
adding two new subdivisions 26 and 27 to read as follows:
  26.  "INVESTMENT  SECURITIES"  SHALL MEAN, SUBJECT TO OR, AS OTHERWISE
PROVIDED IN, THE PROVISIONS OF ANY  CONTRACT  WITH  BONDHOLDERS  OF  THE
AGENCY:  (I)  GENERAL  OBLIGATIONS OF, OR OBLIGATIONS GUARANTEED BY, ANY
STATE OF THE UNITED STATES OF AMERICA OR POLITICAL SUBDIVISION  THEREOF,

S. 2607                            69                            A. 3007

THE  DISTRICT  OF  COLUMBIA,  OR  ANY  AGENCY OR INSTRUMENTALITY THEREOF
RECEIVING ONE OF THE THREE HIGHEST LONG-TERM UNSECURED DEBT RATING CATE-
GORIES AVAILABLE FOR SUCH SECURITIES OF AT LEAST ONE INDEPENDENT  RATING
AGENCY; OR (II) CERTIFICATES OF DEPOSIT, SAVINGS ACCOUNTS, TIME DEPOSITS
OR  OTHER  OBLIGATIONS  OR  ACCOUNTS  OF BANKS OR TRUST COMPANIES IN THE
STATE, SECURED, IF THE AGENCY SHALL SO REQUIRE, IN SUCH  MANNER  AS  THE
AGENCY  MAY  SO  DETERMINE; OR (III) OTHERWISE, IN THE DISCRETION OF THE
AGENCY, OBLIGATIONS IN WHICH THE COMPTROLLER IS  AUTHORIZED  TO  INVEST,
PURSUANT  TO  EITHER SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF THE STATE
FINANCE LAW.
  27. "ANCILLARY BOND FACILITY" SHALL MEAN ANY INTEREST RATE EXCHANGE OR
SIMILAR AGREEMENT OR ANY BOND INSURANCE  POLICY,  LETTER  OF  CREDIT  OR
OTHER   CREDIT  ENHANCEMENT  FACILITY,  LIQUIDITY  FACILITY,  GUARANTEED
INVESTMENT  OR  REINVESTMENT  AGREEMENT,  OR  OTHER  SIMILAR  AGREEMENT,
ARRANGEMENT OR CONTRACT.
  S 7. This act shall take effect immediately.

                                 PART M

  Section  1.  Notwithstanding  any other provision of law, and provided
that the reserves in the project pool insurance account of the  mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties  law  are  sufficient  to attain and maintain the credit rating (as
determined by the agency) required to accomplish the  purposes  of  such
account, the board of directors of the state of New York mortgage agency
shall  authorize the transfer from the project pool insurance account of
the mortgage insurance fund to the state treasury  for  deposit  in  the
general  fund  a  total sum not to exceed one hundred million dollars as
soon as practicable but no later than March 31, 2014.
  S 2. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
community preservation program, a sum not to exceed twelve million eigh-
teen thousand dollars  for  the  fiscal  year  ending  March  31,  2014.
Notwithstanding  any  other  provision  of  law,  and  provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the agency) required to accomplish the purposes of such account,  the
board  of  directors  of  the  state  of  New York mortgage agency shall
authorize the transfer from the project pool insurance  account  of  the
mortgage  insurance  fund  to  the  housing  trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
community  preservation  program contracts authorized by this section, a
total sum not to exceed twelve million eighteen thousand dollars as soon
as practicable but no later than June 30, 2013.
  S 3. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
rural rental assistance program, a sum not to exceed twenty million four
hundred thousand dollars for the fiscal  year  ending  March  31,  2014.
Notwithstanding  any  other  provision  of  law,  and  provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the agency) required to accomplish the purposes of such account,  the
board  of  directors  of  the  state  of  New York mortgage agency shall
authorize the transfer from the project pool insurance  account  of  the

S. 2607                            70                            A. 3007

mortgage  insurance  fund  to  the  housing  trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
rural  rental assistance program contracts authorized by this section, a
total  sum not to exceed twenty million four hundred thousand dollars as
soon as practicable but no later than June 30, 2013.
  S 4. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may provide, for costs associated
with the rehabilitation of Mitchell Lama housing projects, a sum not  to
exceed  seventeen  million  five hundred eighty-two thousand dollars for
the fiscal  year  ending  March  31,  2014.  Notwithstanding  any  other
provision  of  law,  and  provided that the reserves in the project pool
insurance account of the mortgage insurance  fund  created  pursuant  to
section  2429-b  of  the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the agency) required to
accomplish the purposes of such account, the board of directors  of  the
state  of New York mortgage agency shall authorize the transfer from the
project pool insurance account of the mortgage  insurance  fund  to  the
housing  trust  fund  corporation (the corporation), for the purposes of
reimbursing any costs associated with  Mitchell  Lama  housing  projects
authorized  by this section, a total sum not to exceed seventeen million
five hundred eighty-two thousand dollars as soon as practicable  but  no
later than March 30, 2014.
  S 5. This act shall take effect immediately.

                                 PART N

  Section  1.  Section  21  of  the labor law is amended by adding a new
subdivision 14 to read as follows:
  14. SHALL DO ALL THINGS NECESSARY FOR THE OPERATION OF  THE  NEW  YORK
STATE  DATA CENTER ESTABLISHED IN THE DEPARTMENT IN COOPERATION WITH THE
UNITED STATES BUREAU OF THE CENSUS; TO COOPERATE WITH OTHER STATE  AGEN-
CIES,  UNIVERSITIES,  REGIONAL  ORGANIZATIONS,  BOARDS, COMMISSIONS, AND
OTHER ENTITIES IN THE DISSEMINATION OF  SOCIO-ECONOMIC  INFORMATION  AND
DATA THROUGH THE NEW YORK STATE DATA CENTER PROGRAM; IN RELATION TO SUCH
INFORMATION  AND  DATA,  TO  PROVIDE TECHNICAL ASSISTANCE TO OTHER STATE
AGENCIES, UNIVERSITIES, REGIONAL ORGANIZATIONS, BOARDS, COMMISSIONS  AND
OTHER ENTITIES; AND TO PREPARE ESTIMATES AND THE OFFICIAL PROJECTIONS OF
POPULATION, HOUSEHOLDS AND OTHER CHARACTERISTICS OF THE STATE FOR USE BY
ALL STATE AGENCIES.
  S  2. Subdivision 17 of section 100 of the economic development law is
REPEALED.
  S 3. This act shall take effect immediately.

                                 PART O

  Section 1. Paragraph (a) of subdivision 1 of section 518 of the  labor
law,  as  amended by chapter 589 of the laws of 1998, is amended to read
as follows:
  (a) "Wages" means all remuneration paid, except that  such  term  does
not  include remuneration paid to an employee by an employer after eight
thousand five hundred dollars have been paid to such  employee  by  such
employer  with  respect  to  employment during any calendar year, EXCEPT
THAT SUCH TERM DOES NOT INCLUDE REMUNERATION PAID TO AN EMPLOYEE  BY  AN
EMPLOYER  WITH  RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGINNING
WITH THE FIRST DAY OF
                                        THAT EXCEEDS

S. 2607                            71                            A. 3007

             JANUARY 2014                  $10,300
             JANUARY 2015                  $10,500
             JANUARY 2016                  $10,700
             JANUARY 2017                  $10,900
             JANUARY 2018                  $11,100
             JANUARY 2019                  $11,400
             JANUARY 2020                  $11,600
             JANUARY 2021                  $11,800
             JANUARY 2022                  $12,000
             JANUARY 2023                  $12,300
             JANUARY 2024                  $12,500
             JANUARY 2025                  $12,800
             JANUARY 2026                  $13,000
AND  EACH  YEAR  THEREAFTER  ON  THE  FIRST  DAY OF JANUARY THAT EXCEEDS
SIXTEEN PERCENT OF THE STATE'S AVERAGE ANNUAL WAGE AS DETERMINED BY  THE
COMMISSIONER  ON  AN ANNUAL BASIS PURSUANT TO SECTION FIVE HUNDRED TWEN-
TY-NINE OF THIS ARTICLE; PROVIDED, HOWEVER,  THAT  IN  CALCULATING  SUCH
MAXIMUM AMOUNT OF REMUNERATION, THE AMOUNT ARRIVED AT BY MULTIPLYING THE
STATE'S AVERAGE ANNUAL WAGE TIMES SIXTEEN PERCENT SHALL BE ROUNDED UP TO
THE  NEAREST HUNDRED DOLLARS. IN NO EVENT SHALL THE STATE'S ANNUAL AVER-
AGE WAGE BE REDUCED FROM THE AMOUNT DETERMINED IN THE PREVIOUS YEAR. The
term "employment" includes for the purposes of this subdivision services
constituting employment  under  any  unemployment  compensation  law  of
another state or the United States.
  S  2.  Subdivision 1 and paragraph (a) of subdivision 2 of section 527
of the labor law, subdivision 1 as amended by chapter 413 of the laws of
2003 and paragraph (a) of subdivision 2 as amended by chapter 5  of  the
laws of 2000, are amended to read as follows:
  1.  Basic  condition.  "Valid  original  claim"  is a claim filed by a
claimant who meets the following qualifications: (a) is  able  to  work,
and  available  for  work; (b) is not subject to any disqualification or
suspension under this article; (c) his  OR  HER  previously  established
benefit  year,  if  any,  has expired; (d) has been paid remuneration by
employers liable for contributions or for payments in lieu  of  contrib-
utions  under  this article, other than employers from whom the claimant
lost employment under conditions which would be  disqualifying  pursuant
to  subdivision three of section five hundred ninety-three of this arti-
cle, for employment during at least two calendar quarters  of  the  base
period,  with  remuneration  of one and one-half times the high calendar
quarter [earnings] REMUNERATION within the base period and with at least
[one] TWO thousand [six] ONE hundred dollars of such remuneration  being
paid  during the high calendar quarter of such base period. For purposes
of this section, the [earnings] REMUNERATION in the high calendar  quar-
ter  of the base period used in determining a valid original claim shall
not exceed an amount equal to twenty-two times the maximum benefit  rate
as  set forth in subdivision five of section five hundred ninety of this
article for all individuals.
  (a) An individual who is unable to file  a  valid  original  claim  in
accordance  with subdivision one of this section, files a valid original
claim by meeting the qualifications enumerated in  paragraphs  (a),  (b)
and  (c)  of  subdivision  one  of  this section and by having been paid
remuneration by employers liable for contributions or  for  payments  in
lieu of contributions under this article, other than employers from whom
the  claimant  lost  employment  under  conditions  which [are] WOULD BE
disqualifying pursuant to subdivision  three  of  section  five  hundred
ninety-three  of this article, for employment during at least two calen-

S. 2607                            72                            A. 3007

dar quarters of the base period, with remuneration of one  and  one-half
times  the high calendar quarter [earnings] REMUNERATION within the base
period and with at least [one] TWO thousand [six] ONE hundred dollars of
such  remuneration  being  paid during the high calendar quarter of such
base period. For purposes of this section, the  [earnings]  REMUNERATION
in  the  high  calendar quarter of the base period used in determining a
valid original claim shall not exceed  an  amount  equal  to  twenty-two
times  the  maximum  benefit  rate  as  set forth in subdivision five of
section five hundred ninety of this article for all individuals.
  S 3. The labor law is amended by adding a new section 529 to  read  as
follows:
  S 529. AVERAGE ANNUAL WAGE; AVERAGE WEEKLY WAGE. 1. THE "AVERAGE ANNU-
AL  WAGE"  SHALL BE THE AVERAGE ANNUAL WAGE OF THE STATE OF NEW YORK FOR
THE PREVIOUS CALENDAR YEAR AS DETERMINED BY THE  COMMISSIONER  NO  LATER
THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
  2.  THE  "AVERAGE WEEKLY WAGE" SHALL BE THE AVERAGE WEEKLY WAGE OF THE
STATE OF NEW YORK FOR THE PREVIOUS CALENDAR YEAR AS  DETERMINED  BY  THE
COMMISSIONER NO LATER THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
  S  4. Subdivisions 1 and 3 of section 576 of the labor law, as amended
by chapter 49 of the laws of 1966, are amended to read as follows:
  1. Determinations of liability for contributions.  No determination of
liability for contributions pursuant to section five  hundred  sixty  of
this  article  shall be made more than three years after the last day of
the calendar year in which the wages on which such  liability  is  based
were paid, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
  3.  Determinations  of LIABILITY FOR AND amount of contributions after
contest. If an  employer  contests  a  determination  of  liability  for
contributions,  a  determination  of the amount of contributions due FOR
THE CONTESTED PERIOD AND SUBSEQUENT PERIODS may  be  made  at  any  time
prior to the latter of the following:
  (a)  three  years after the last day of the calendar year in which the
wages on which such contributions are based were paid; or
  (b) two years after the last day of the calendar year  in  which  such
determination  of  liability  for  contributions became final and irrev-
ocable.
  S 5. Paragraph (a) of subdivision 1 of section 577 of the labor law is
amended by adding a new subparagraph 9 to read as follows:
  (9) MONIES PURSUANT TO SECTION FIVE HUNDRED NINETY-FOUR OF THIS TITLE.
  S 6. Subparagraph 3 of paragraph (e) of subdivision 1 of  section  581
of  the  labor  law,  as  amended by chapter 589 of the laws of 1998, is
amended to read as follows:
  (3)  An employer's account shall not be charged, and the charges shall
instead be made to the general account, for benefits paid to a  claimant
after  the  expiration  of  a  period  of disqualification from benefits
following a final determination that the claimant lost  employment  with
the  employer  through  misconduct or voluntary separation of employment
without good cause within the meaning of section  five  hundred  ninety-
three  of  this article and the charges are attributable to remuneration
paid during  the claimant's base period of employment with such employer
prior to the claimant's loss of employment with  such  employer  through
misconduct  or  voluntary  separation  of employment without good cause,
PROVIDED, HOWEVER, THAT AN EMPLOYER SHALL NOT  BE  RELIEVED  OF  CHARGES
PURSUANT  TO  THIS  SUBPARAGRAPH  IF  AN  EMPLOYER OR ITS AGENT FAILS TO
SUBMIT INFORMATION RESULTING IN AN OVERPAYMENT PURSUANT TO SECTION  FIVE
HUNDRED NINETY-SEVEN OF THIS ARTICLE.

S. 2607                            73                            A. 3007

  S  7.  Paragraph (a) of subdivision 2 of section 581 of the labor law,
as added by chapter 413 of the laws of  2003,  is  amended  to  read  as
follows:
  (a)  Each  qualified  employer's  rate  of  contribution  shall be the
percentage shown in the column headed by the size of the fund  index  as
of the computation date and on the same line with his or her negative or
positive  employer's account percentage, except that if within the three
payroll years preceding the computation date  any  part  of  a  negative
balance  has been transferred from any employer's account as a charge to
the general account pursuant to  the  provisions  of  paragraph  (e)  of
subdivision  one  of  this  section such employer's rate of contribution
shall be the maximum contribution rate as shown in the column headed  by
the size of fund index;

                           Size of Fund Index
Employer's
Account
Percentage  Less  0%  0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%
            Than but  but  but  but  but  but  but  but  but  but  or
            0%   less less less less less less less less less less more
                 than than than than than than than than than than
                 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%

Negative

21.0%
or more     8.90 8.70 8.50 8.30 8.10 7.30 6.90 6.50 6.20 6.10 6.00 5.90
20.5%
or more
but less
than 21.0%  8.80 8.60 8.40 8.20 8.00 7.20 6.80 6.40 6.10 6.00 5.90 5.80
20.0%
or more
but less
than 20.5%  8.70 8.50 8.30 8.10 7.90 7.10 6.70 6.30 6.00 5.90 5.80 5.70
19.5%
or more
but less
than 20.0%  8.60 8.40 8.20 8.00 7.80 7.00 6.60 6.20 5.90 5.80 5.70 5.60
19.0%
or more
but less
than 19.5%  8.50 8.30 8.10 7.90 7.70 6.90 6.50 6.10 5.80 5.70 5.60 5.50
18.5%
or more
but less
than 19.0%  8.40 8.20 8.00 7.80 7.60 6.80 6.40 6.00 5.70 5.60 5.50 5.40
18.0%
or more
but less
than 18.5%  8.30 8.10 7.90 7.70 7.50 6.70 6.30 5.90 5.60 5.50 5.40 5.30
17.5%
or more
but less
than 18.0%  8.20 8.00 7.80 7.60 7.40 6.60 6.20 5.80 5.50 5.40 5.30 5.20

S. 2607                            74                            A. 3007

17.0%
or more
but less
than 17.5%  8.10 7.90 7.70 7.50 7.30 6.50 6.10 5.70 5.40 5.30 5.20 5.10
16.5%
or more
but less
than 17.0%  8.00 7.80 7.60 7.40 7.20 6.40 6.00 5.60 5.30 5.20 5.10 5.00
16.0%
or more
but less
than 16.5%  7.90 7.70 7.50 7.30 7.10 6.30 5.90 5.50 5.20 5.10 5.00 4.90
15.5%
or more
but less
than 16.0%  7.80 7.60 7.40 7.20 7.00 6.20 5.80 5.40 5.10 5.00 4.90 4.80
15.0%
or more
but less
than 15.5%  7.70 7.50 7.30 7.10 6.90 6.10 5.70 5.30 5.00 4.90 4.80 4.70
14.5%
or more
but less
than 15.0%  7.60 7.40 7.20 7.00 6.80 6.00 5.60 5.20 4.90 4.80 4.70 4.60
14.0%
or more
but less
than 14.5%  7.50 7.30 7.10 6.90 6.70 5.90 5.50 5.10 4.80 4.70 4.60 4.50
13.5%
or more
but less
than 14.0%  7.40 7.20 7.00 6.80 6.60 5.80 5.40 5.00 4.70 4.60 4.50 4.40
13.0%
or more
but less
than 13.5%  7.30 7.10 6.90 6.70 6.50 5.70 5.30 4.90 4.60 4.50 4.40 4.30
12.5%
or more
but less
than 13.0%  7.20 7.00 6.80 6.60 6.40 5.60 5.20 4.80 4.50 4.40 4.30 4.20
12.0%
or more
but less
than 12.5%  7.10 6.90 6.70 6.50 6.30 5.50 5.10 4.70 4.40 4.30 4.20 4.10
11.5%
or more
but less
than 12.0%  7.00 6.80 6.60 6.40 6.20 5.40 5.00 4.60 4.30 4.20 4.10 4.00
11.0%
or more
but less
than 11.5%  6.90 6.70 6.50 6.30 6.10 5.30 4.90 4.50 4.20 4.10 4.00 3.90
10.5%
or more
but less
than 11.0%  6.80 6.60 6.40 6.20 6.00 5.20 4.80 4.40 4.10 4.00 3.90 3.80

S. 2607                            75                            A. 3007

10.0%
or more
but less
than 10.5%  6.70 6.50 6.30 6.10 5.90 5.10 4.70 4.30 4.00 3.90 3.80 3.70
9.5%
or more
but less
than 10.0%  6.60 6.40 6.20 6.00 5.80 5.00 4.60 4.20 3.90 3.80 3.70 3.60
9.0%
or more
but less
than 9.5%   6.50 6.30 6.10 5.90 5.70 4.90 4.50 4.10 3.80 3.70 3.60 3.50
8.5%
or more
but less
than 9.0%   6.40 6.20 6.00 5.80 5.60 4.80 4.40 4.00 3.70 3.60 3.50 3.40
8.0%
or more
but less
than 8.5%   6.30 6.10 5.90 5.70 5.50 4.70 4.30 3.90 3.60 3.50 3.40 3.30
7.0%
or more
but less
than 8.0%   6.20 6.00 5.80 5.60 5.40 4.60 4.20 3.80 3.50 3.40 3.30 3.20
6.0%
or more
but less
than 7.0%   6.10 5.90 5.70 5.50 5.30 4.50 4.10 3.70 3.40 3.30 3.20 3.10
5.0%
or more
but less
than 6.0%   6.00 5.80 5.60 5.40 5.20 4.40 4.00 3.60 3.30 3.20 3.10 3.00
4.0%
or more
but less
than 5.0%   5.90 5.70 5.50 5.30 5.10 4.30 3.90 3.50 3.20 3.10 3.00 2.90
3.0%
or more
but less
than 4.0%   5.60 5.40 5.20 5.00 4.80 4.20 3.80 3.40 3.10 3.00 2.90 2.80
2.0%
or more
but less
than 3.0%   5.50 5.30 5.10 4.90 4.70 4.10 3.70 3.30 3.00 2.90 2.80 2.70
1.0%
or more
but less
than 2.0%   5.40 5.20 5.00 4.80 4.60 4.00 3.60 3.20 2.90 2.80 2.70 2.60
Less
than 1.0%   5.20 5.00 4.80 4.60 4.40 3.80 3.40 3.00 2.70 2.60 2.50 2.40

Positive

Less
than 1.0%   4.10 3.90 3.70 3.50 3.30 2.90 2.50 2.10 1.90 1.80 1.70 1.60
1.0%

S. 2607                            76                            A. 3007

or more
but less
than 2.0%   4.00 3.80 3.60 3.40 3.20 2.80 2.40 2.00 1.80 1.70 1.60 1.50
2.0%
or more
but less
than 3.0%   3.90 3.70 3.50 3.30 3.10 2.70 2.30 1.90 1.70 1.60 1.50 1.40
3.0%
or more
but less
than 4.0%   3.80 3.60 3.40 3.20 3.00 2.60 2.20 1.80 1.60 1.50 1.40 1.30
4.0%
or more
but less
than 5.0%   3.70 3.50 3.30 3.10 2.90 2.50 2.10 1.70 1.50 1.40 1.30 1.20
5.0%
or more
but less
than 5.5%   3.60 3.40 3.20 3.00 2.80 2.40 2.00 1.60 1.40 1.30 1.20 1.10
5.5%
or more but
less than
5.75%       3.50 3.30 3.10 2.90 2.70 2.30 1.90 1.50 1.30 1.20 1.10 1.00
5.75%
or more
but less
than 6.0%   3.40 3.20 3.00 2.80 2.60 2.20 1.80 1.40 1.20 1.10 1.00 0.90
6.0%
or more but
less than
6.25%       3.30 3.10 2.90 2.70 2.50 2.10 1.70 1.30 1.10 1.00 0.90 0.80
6.25%
or more
but less
than 6.5%   3.20 3.00 2.80 2.60 2.40 2.00 1.60 1.20 1.00 0.90 0.80 0.70
6.5%
or more but
less than
6.75%       3.10 2.90 2.70 2.50 2.30 1.90 1.50 1.10 0.90 0.80 0.70 0.60
6.75%
or more
but less
than 7.0%   3.00 2.80 2.60 2.40 2.20 1.80 1.40 1.00 0.80 0.70 0.60 0.50
7.0%
or more but
less than
7.25%       2.90 2.70 2.50 2.30 2.10 1.70 1.30 0.90 0.70 0.60 0.50 0.40
7.25%
or more
but less
than 7.5%   2.80 2.60 2.40 2.20 2.00 1.60 1.20 0.80 0.60 0.50 0.40 0.30
7.5%
or more but
less than
7.75%       2.70 2.50 2.30 2.10 1.90 1.50 1.10 0.70 0.50 0.40 0.30 0.20
7.75%

S. 2607                            77                            A. 3007

or more
but less
than 8.0%   2.60 2.40 2.20 2.00 1.80 1.40 1.00 0.60 0.40 0.30 0.20 0.10
8.0%
or more but
less than
8.25%       2.50 2.30 2.10 1.90 1.70 1.30 0.90 0.50 0.30 0.20 0.10 0.00
8.25%
or more
but less
than 8.5%   2.40 2.20 2.00 1.80 1.60 1.20 0.80 0.40 0.20 0.10 0.00 0.00
8.5%
or more but
less than
8.75%       2.30 2.10 1.90 1.70 1.50 1.10 0.70 0.30 0.10 0.00 0.00 0.00
8.75%
or more
but less
than 9.0%   2.20 2.00 1.80 1.60 1.40 1.00 0.60 0.20 0.00 0.00 0.00 0.00
9.0%
or more but
less than
9.25%       2.10 1.90 1.70 1.50 1.30 0.90 0.50 0.10 0.00 0.00 0.00 0.00
9.25%
or more
but less
than 9.5%   2.00 1.80 1.60 1.40 1.20 0.80 0.40 0.00 0.00 0.00 0.00 0.00
9.5%
or more but
less than
9.75%       1.90 1.70 1.50 1.30 1.10 0.70 0.30 0.00 0.00 0.00 0.00 0.00
9.75%
or more but
less than
10.0%       1.80 1.60 1.40 1.20 1.00 0.60 0.20 0.00 0.00 0.00 0.00 0.00
10.0%
or more but
less than
10.25%      1.70 1.50 1.30 1.10 0.90 0.50 0.10 0.00 0.00 0.00 0.00 0.00
10.25%
or more but
less than
10.5%       1.60 1.40 1.20 1.00 0.80 0.40 0.00 0.00 0.00 0.00 0.00 0.00
10.5%
or more [but
less than
10.75%]     1.50 1.30 1.10 0.90 0.70 0.30 0.00 0.00 0.00 0.00 0.00 0.00
[10.75%
or more but
less than
11.0%       1.40 1.20 1.00 0.80 0.60 0.20 0.00 0.00 0.00 0.00 0.00 0.00
11.0%
or more but
less than
11.25%      1.30 1.10 0.90 0.70 0.50 0.10 0.00 0.00 0.00 0.00 0.00 0.00
11.25%

S. 2607                            78                            A. 3007

or more but
less than
11.5%       1.20 1.00 0.80 0.60 0.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00
11.5%
or more but
less than
11.75%      1.10 0.90 0.70 0.50 0.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00
11.75%
or more but
less than
12.0%       1.00 0.80 0.60 0.40 0.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00
12.0% or
more        0.90 0.70 0.50 0.30 0.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00]
  S  8.  Subdivision  5  of  section 590 of the labor law, as amended by
chapter 413 of the laws of 2003, is amended to read as follows:
  5. Benefit rate. (A) A claimant's weekly benefit amount shall  be  one
twenty-sixth  of the remuneration paid during the highest calendar quar-
ter of the  base  period  by  employers,  liable  for  contributions  or
payments  in  lieu  of  contributions  under  this article, PROVIDED THE
CLAIMANT HAS REMUNERATION PAID IN ALL FOUR CALENDAR QUARTERS DURING  HIS
OR  HER  BASE  PERIOD OR ALTERNATE BASE PERIOD. However, for [claimants]
ANY CLAIMANT WHO HAS REMUNERATION PAID IN  ALL  FOUR  CALENDAR  QUARTERS
DURING  HIS  OR  HER BASE PERIOD OR ALTERNATE BASE PERIOD AND whose high
calendar quarter remuneration during the base period is  three  thousand
five  hundred  seventy-five dollars or less, the benefit amount shall be
one twenty-fifth of the remuneration paid during  the  highest  calendar
quarter  of  the  base  period  by employers liable for contributions or
payments in lieu of contributions under this article. A CLAIMANT'S WEEK-
LY BENEFIT SHALL BE ONE TWENTY-SIXTH OF THE AVERAGE REMUNERATION PAID IN
THE TWO HIGHEST QUARTERS PAID DURING THE BASE PERIOD OR  ALTERNATE  BASE
PERIOD  BY  EMPLOYERS  LIABLE  FOR  CONTRIBUTIONS OR PAYMENTS IN LIEU OF
CONTRIBUTIONS UNDER THIS ARTICLE WHEN THE CLAIMANT HAS REMUNERATION PAID
IN TWO OR THREE CALENDAR QUARTERS. HOWEVER, FOR  ANY  CLAIMANT  WHO  HAS
REMUNERATION  PAID  IN  TWO OR THREE CALENDAR QUARTERS DURING HIS OR HER
BASE PERIOD OR ALTERNATE BASE PERIOD AND  WHOSE  HIGH  CALENDAR  QUARTER
REMUNERATION  DURING  THE  BASE  PERIOD  IS  THREE THOUSAND FIVE HUNDRED
SEVENTY-FIVE  DOLLARS  OR  LESS,  THE  BENEFIT  AMOUNT  SHALL   BE   ONE
TWENTY-FIFTH  OF THE REMUNERATION PAID DURING THE HIGHEST CALENDAR QUAR-
TER OF THE BASE PERIOD BY EMPLOYERS LIABLE FOR CONTRIBUTIONS OR PAYMENTS
IN LIEU OF CONTRIBUTIONS UNDER THIS ARTICLE.  Any  claimant  whose  high
calendar  quarter remuneration during the base period is more than three
thousand five hundred seventy-five dollars shall not have a weekly bene-
fit amount less than one hundred forty-three dollars. The weekly benefit
amount, so computed, that is not a  multiple  of  one  dollar  shall  be
lowered  to  the  next  multiple  of  one dollar. On the first Monday of
September, nineteen hundred ninety-eight the weekly benefit amount shall
not exceed three hundred sixty-five  dollars  nor  be  less  than  forty
dollars,  until  the  first  Monday of September, two thousand, at which
time the maximum benefit payable  pursuant  to  this  subdivision  shall
equal  one-half  of the state average weekly wage for covered employment
as calculated by the department no sooner than July first, two  thousand
and no later than August first, two thousand, rounded down to the lowest
dollar. ON AND AFTER THE FIRST MONDAY OF OCTOBER, TWO THOUSAND FOURTEEN,
THE WEEKLY BENEFIT SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS, NOR SHALL
IT EXCEED FOUR HUNDRED TWENTY DOLLARS UNTIL THE FIRST MONDAY OF OCTOBER,
TWO  THOUSAND  FIFTEEN  WHEN  THE  MAXIMUM  BENEFIT AMOUNT SHALL BE FOUR

S. 2607                            79                            A. 3007

HUNDRED TWENTY-FIVE DOLLARS, UNTIL THE  FIRST  MONDAY  OF  OCTOBER,  TWO
THOUSAND  SIXTEEN  WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED
THIRTY DOLLARS, UNTIL THE FIRST MONDAY OF OCTOBER, TWO  THOUSAND  SEVEN-
TEEN  WHEN  THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED THIRTY-FIVE
DOLLARS, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND  EIGHTEEN  WHEN
THE  MAXIMUM  BENEFIT  AMOUNT SHALL BE FOUR HUNDRED FIFTY DOLLARS, UNTIL
THE FIRST MONDAY OF OCTOBER, TWO  THOUSAND  NINETEEN  WHEN  THE  MAXIMUM
BENEFIT  AMOUNT  SHALL  BE THIRTY-SIX PERCENT OF THE AVERAGE WEEKLY WAGE
UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY WHEN THE  MAXIMUM
BENEFIT AMOUNT SHALL BE THIRTY-EIGHT PERCENT OF THE AVERAGE WEEKLY WAGE,
UNTIL THE FIRST MONDAY OF OCTOBER TWO THOUSAND TWENTY-ONE WHEN THE MAXI-
MUM  BENEFIT  AMOUNT  SHALL BE FORTY PERCENT OF THE AVERAGE WEEKLY WAGE,
UNTIL THE FIRST MONDAY OF OCTOBER,  TWO  THOUSAND  TWENTY-TWO  WHEN  THE
MAXIMUM  BENEFIT AMOUNT SHALL BE FORTY-TWO PERCENT OF THE AVERAGE WEEKLY
WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-THREE  WHEN
THE  MAXIMUM  BENEFIT  AMOUNT SHALL BE FORTY-FOUR PERCENT OF THE AVERAGE
WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-FOUR
WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-SIX PERCENT OF THE  AVER-
AGE  WEEKLY  WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWEN-
TY-FIVE WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-EIGHT PERCENT  OF
THE AVERAGE WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND
TWENTY-SIX  AND EACH YEAR THEREAFTER ON THE FIRST MONDAY OF OCTOBER WHEN
THE MAXIMUM BENEFIT AMOUNT SHALL BE FIFTY PERCENT OF THE AVERAGE  WEEKLY
WAGE  PROVIDED,  HOWEVER,  THAT  IN  NO  EVENT SHALL THE MAXIMUM BENEFIT
AMOUNT BE REDUCED FROM THE PREVIOUS YEAR.
  (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM  BENEFIT  AMOUNT  SHALL
NOT  BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE COMMISSIONER DETERMINES
THAT THE STATE HAS HAD A DECREASE IN PRIVATE SECTOR JOBS IN  EACH  MONTH
OF  THE  FIRST  TWO  CALENDAR  QUARTERS OF THE YEAR IN WHICH THE MAXIMUM
BENEFIT AMOUNT INCREASE IS  SCHEDULED  TO  OCCUR.  IF  THE  COMMISSIONER
DETERMINES  THAT THE STATE HAS NOT HAD A DECREASE IN PRIVATE SECTOR JOBS
IN EACH MONTH IN THE FIRST TWO CALENDAR QUARTERS IN YEARS SUBSEQUENT  TO
SUCH  SUSPENSION  OF AN INCREASE IN THE MAXIMUM BENEFIT AMOUNT, THEN THE
MAXIMUM BENEFIT AMOUNT SHALL INCREASE TO THE AMOUNT FOR THE YEAR  PREVI-
OUSLY  SCHEDULED  TO  BE  ESTABLISHED  PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED AND  INCREASED  ANNUALLY
THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH (A) OF
THIS SUBDIVISION. IN NO CASE SHALL SUCH SUSPENSION RESULT IN A REDUCTION
OF  THE  MAXIMUM  BENEFIT AMOUNT TO LESS THAN THE AMOUNT PROVIDED IN THE
MOST RECENT YEAR.
  S 9. Paragraph (b) of subdivision 5 of section 590 of the  labor  law,
as  added  by section eight of this act, is REPEALED and a new paragraph
(b) is added to read as follows:
  (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM  BENEFIT  AMOUNT  SHALL
NOT  BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND  ON
THE  THIRTY-FIRST  DAY  OF  DECEMBER IS LESS THAN AN AMOUNT OF THE FUNDS
PROJECTED TO BE NEEDED TO PAY FOR THE INCREASE IN BENEFITS AS DETERMINED
BY THE COMMISSIONER. IF FUND REVENUES ARE DETERMINED BY THE COMMISSIONER
TO BE SUFFICIENT TO PAY FOR THE INCREASE IN BENEFITS IN YEARS SUBSEQUENT
TO SUCH SUSPENSION OF AN INCREASE IN THE MAXIMUM  BENEFIT  AMOUNT,  THEN
THE  MAXIMUM  BENEFIT  AMOUNT  SHALL INCREASE TO THE AMOUNT FOR THE YEAR
PREVIOUSLY SCHEDULED TO BE ESTABLISHED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED AND  INCREASED  ANNUALLY
THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH (A) OF

S. 2607                            80                            A. 3007

THIS SUBDIVISION. IN NO CASE SHALL SUCH SUSPENSION RESULT IN A REDUCTION
OF  THE  MAXIMUM  BENEFIT AMOUNT TO LESS THAN THE AMOUNT PROVIDED IN THE
MOST RECENT YEAR.
  S  10. Paragraph (b) of subdivision 5 of section 590 of the labor law,
as added by section nine of this act is REPEALED and a new paragraph (b)
is added to read as follows:
  (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM  BENEFIT  AMOUNT  SHALL
NOT  BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND  IS
DETERMINED  BY  THE  COMMISSIONER TO NOT HAVE REACHED OR EXCEEDED THIRTY
PERCENT OF THE AVERAGE HIGH COST MULTIPLE, AS DEFINED IN 20 CFR PART 606
AS THE STANDARD FOR RECEIPT OF INTEREST-FREE FEDERAL LOANS, ON AT  LEAST
ONE DAY BETWEEN APRIL FIRST AND JUNE THIRTIETH OF THE SAME CALENDAR YEAR
AS  THE  INCREASE SHALL TAKE EFFECT. IF, FOLLOWING SUCH SUSPENSION OF AN
INCREASE IN THE MAXIMUM BENEFIT AMOUNT, THE  COMMISSIONER  SHALL  DETER-
MINE,  ON  AT  LEAST ONE DAY BETWEEN APRIL FIRST AND JUNE THIRTIETH THAT
THE BALANCE OF THE FUND IS GREATER THAN SUCH THIRTY PERCENT AVERAGE HIGH
COST MULTIPLE, THEN THE MAXIMUM BENEFIT AMOUNT  SHALL  INCREASE  TO  THE
PERCENTAGE  FOR THE YEAR PREVIOUSLY SCHEDULED TO BE ESTABLISHED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED
AND INCREASED ANNUALLY THEREAFTER IN ACCORDANCE WITH  THE  SCHEDULE  SET
FORTH  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION.  IN NO CASE SHALL SUCH
SUSPENSION RESULT IN A REDUCTION OF THE MAXIMUM BENEFIT AMOUNT  TO  LESS
THAN THE AMOUNT PROVIDED IN THE MOST RECENT YEAR.
  S  11.  Subdivision  9  of  section 590 of the labor law is amended by
adding a new paragraph (d) to read as follows:
  (D) AN ALIEN WHO IS NOT ELIGIBLE UNDER 8 USC 1621(A) SHALL BE ELIGIBLE
FOR BENEFITS, PROVIDED SUCH ALIEN IS ELIGIBLE  FOR  BENEFITS  UNDER  THE
PROVISIONS  OF  THIS  ARTICLE  AND  SECTION 3304 (A) (14) OF THE FEDERAL
UNEMPLOYMENT TAX ACT.
  S 12. Subdivision 2 of section 591 of the labor  law,  as  amended  by
chapter 720 of the laws of 1953, is amended to read as follows:
  2. Availability [and], capability, AND WORK SEARCH.  No benefits shall
be  payable  to  any  claimant  who is not capable of work or who is not
ready, willing and able to work in his usual employment or in any  other
for  which he is reasonably fitted by training and experience AND WHO IS
NOT ACTIVELY SEEKING WORK.   IN ORDER TO  BE  ACTIVELY  SEEKING  WORK  A
CLAIMANT  MUST  BE  ENGAGED  IN SYSTEMATIC AND SUSTAINED EFFORTS TO FIND
WORK WHICH SHALL INCLUDE CONTACTING AT LEAST TWO  PROSPECTIVE  EMPLOYERS
FOR EACH WEEK CLAIMED. THE CLAIMANT MUST ALSO BE ENGAGED IN OTHER ACTIV-
ITIES TO OBTAIN NEW WORK AS DETERMINED BY THE COMMISSIONER. THE CLAIMANT
SHALL  BE  REQUIRED  TO MAINTAIN DOCUMENTATION AND PROVIDE PROOF OF WORK
SEARCH EFFORTS AS PRESCRIBED BY THE COMMISSIONER AND SHALL BE SUBJECT TO
A RANDOM AUDIT.
  S 13. Section 591 of the labor law is amended by adding a new subdivi-
sion 6 to read as follows:
  6. DISMISSAL PAY. (A) NO BENEFITS SHALL BE PAYABLE TO A  CLAIMANT  FOR
ANY  WEEK  DURING  A  DISMISSAL  PERIOD  FOR  WHICH  A CLAIMANT RECEIVES
DISMISSAL PAY, NOR SHALL ANY DAY WITHIN SUCH WEEK BE CONSIDERED A DAY OF
TOTAL UNEMPLOYMENT UNDER SECTION FIVE HUNDRED TWENTY-TWO OF  THIS  ARTI-
CLE,  IF  SUCH  WEEKLY  DISMISSAL PAY EXCEEDS THE MAXIMUM WEEKLY BENEFIT
RATE.
  (B) THE TERM "DISMISSAL PAY", AS USED IN THIS SUBDIVISION,  MEANS  ONE
OR  MORE  PAYMENTS  MADE BY AN EMPLOYER TO AN EMPLOYEE DUE TO HIS OR HER
SEPARATION FROM SERVICE  OF  THE  EMPLOYER  REGARDLESS  OF  WHETHER  THE
EMPLOYER IS LEGALLY BOUND BY CONTRACT, STATUTE OR OTHERWISE TO MAKE SUCH

S. 2607                            81                            A. 3007

PAYMENTS.  THE  TERM  DOES NOT INCLUDE PAYMENTS FOR PENSION, RETIREMENT,
ACCRUED LEAVE, AND HEALTH INSURANCE OR PAYMENTS FOR  SUPPLEMENTAL  UNEM-
PLOYMENT BENEFITS.
  (C)  THE  TERM  "DISMISSAL PERIOD", AS USED IN THIS SUBDIVISION, MEANS
THE TIME DESIGNATED FOR WEEKS  OF  DISMISSAL  PAY  ATTRIBUTABLE  TO  THE
CLAIMANT'S  WEEKLY EARNINGS IN ACCORDANCE WITH THE COLLECTIVE BARGAINING
AGREEMENT, EMPLOYMENT CONTRACT, EMPLOYER'S DISMISSAL  POLICY,  DISMISSAL
AGREEMENT  WITH THE EMPLOYER OR OTHER SUCH AGREEMENT.  IF NO SUCH AGREE-
MENT, CONTRACT  OR  POLICY  DESIGNATES  A  DISMISSAL  PERIOD,  THEN  THE
DISMISSAL  PERIOD  SHALL BE THE TIME DESIGNATED IN WRITING IN ADVANCE BY
THE EMPLOYER TO BE CONSIDERED THE DISMISSAL PERIOD. IF NO TIME PERIOD IS
DESIGNATED, THE DISMISSAL PERIOD SHALL COMMENCE ON  THE  DAY  AFTER  THE
CLAIMANT'S LAST DAY OF EMPLOYMENT. IF THE DISMISSAL PAYMENT IS IN A LUMP
SUM  AMOUNT  OR  FOR  AN  INDEFINITE PERIOD, DISMISSAL PAYMENTS SHALL BE
ALLOCATED ON A WEEKLY BASIS FROM THE DAY AFTER THE CLAIMANT'S  LAST  DAY
OF  EMPLOYMENT  AND  THE CLAIMANT SHALL NOT BE ELIGIBLE FOR BENEFITS FOR
ANY WEEK FOR WHICH IT DETERMINED THAT THE  CLAIMANT  RECEIVES  DISMISSAL
PAY.  THE AMOUNT OF DISMISSAL PAY SHALL BE ALLOCATED BASED ON THE CLAIM-
ANT'S ACTUAL WEEKLY REMUNERATION PAID BY THE EMPLOYER DURING HIS OR  HER
EMPLOYMENT  OR,  IF  SUCH AMOUNT CANNOT BE DETERMINED, THE AMOUNT OF THE
CLAIMANT'S AVERAGE WEEKLY WAGE FOR THE HIGHEST CALENDAR QUARTER.
  (D) NOTWITHSTANDING THE FOREGOING, THE PROVISIONS OF THIS  SUBDIVISION
SHALL  NOT  APPLY  DURING  ANY  WEEKS  IN  WHICH  THE INITIAL PAYMENT OF
DISMISSAL PAY IS MADE MORE THAN THIRTY DAYS FROM THE  LAST  DAY  OF  THE
CLAIMANT'S EMPLOYMENT.
  S  14.  Subparagraph  (i) of paragraph (b) of subdivision 2 of section
591-a of the labor law, as added by chapter 413 of the laws of 2003,  is
amended to read as follows:
  (i) requirements relating to total unemployment, as defined in section
five  hundred  twenty-two  of  this  article,  availability for work AND
SEARCH FOR WORK, as set forth in subdivision two of section five hundred
ninety-one of this title and refusal to accept work,  as  set  forth  in
subdivision  two of section five hundred ninety-three of this title, are
not applicable to such individuals;
  S 15. Paragraph (a) of subdivision 1, the opening paragraph of  subdi-
vision  2  and  subdivision 3 of section 593 of the labor law, paragraph
(a) of subdivision 1 as amended by chapter 35 of the laws of  2009,  the
opening  paragraph  of subdivision 2 as amended by chapter 5 of the laws
of 2000, and subdivision 3 as amended by chapter  589  of  the  laws  of
1998, are amended and a new subdivision 6 is added to read as follows:
  (a)  No  days  of  total unemployment shall be deemed to occur after a
claimant's voluntary separation without good cause from employment until
he or she has subsequently worked in employment and earned  remuneration
at  least  equal  to [five] TEN times his or her weekly benefit rate. In
addition to other circumstances that may be  found  to  constitute  good
cause,  including  a  compelling family reason as set forth in paragraph
(b) of this subdivision, voluntary separation from employment shall  not
in  itself  disqualify a claimant if circumstances have developed in the
course of such employment that would  have  justified  the  claimant  in
refusing such employment in the first instance under the terms of subdi-
vision  two  of  this  section or if the claimant, pursuant to an option
provided under a collective bargaining  agreement  or  written  employer
plan  which  permits waiver of his OR HER right to retain the employment
when there is a temporary layoff because of lack of work, has elected to
be separated for a temporary period and the employer has consented ther-
eto.

S. 2607                            82                            A. 3007

  No days of total unemployment shall be deemed to occur beginning  with
the  day  on  which a claimant, without good cause, refuses to accept an
offer of employment for which he OR SHE is reasonably fitted by training
and experience, including employment not subject to this article,  until
he  OR SHE has subsequently worked in employment and earned remuneration
at least equal to [five] TEN times  his  or  her  weekly  benefit  rate.
Except that claimants who are not subject to a recall date or who do not
obtain  employment  through  a union hiring hall and who are still unem-
ployed after  receiving  [thirteen]  TEN  weeks  of  benefits  shall  be
required  to  accept  any  employment  proffered that such claimants are
capable of performing, provided that such employment would result  in  a
wage not less than eighty percent of such claimant's high calendar quar-
ter  wages  received  in the base period and not substantially less than
the prevailing wage for similar work in the locality as provided for  in
paragraph (d) of this subdivision. No refusal to accept employment shall
be deemed without good cause nor shall it disqualify any claimant other-
wise eligible to receive benefits if:
  3.  Misconduct. No days of total unemployment shall be deemed to occur
after a claimant lost employment through misconduct in  connection  with
his or her employment until he or she has subsequently worked in employ-
ment  and  earned remuneration at least equal to [five] TEN times his or
her weekly benefit rate.
  6. DETERMINATIONS AND HEARINGS. THE COMMISSIONER SHALL ISSUE A  DETER-
MINATION  FOR  ANY  PROTEST FILED BY ANY BASE PERIOD EMPLOYER WITHIN TEN
CALENDAR DAYS OF THE NOTIFICATION OF POTENTIAL CHARGES BASED  ON  VOLUN-
TARY  SEPARATIONS  OR MISCONDUCT. AN EMPLOYER MAY MAKE AN APPEAL OF SUCH
DETERMINATION PURSUANT TO SECTION SIX HUNDRED TWENTY OF THIS ARTICLE.
  S 16. Section 594 of the labor law, as amended by chapter 728  of  the
laws of 1952, and the opening paragraph as amended by chapter 139 of the
laws of 1968, are amended to read as follows:
  S  594.  Reduction  AND  RECOVERY of benefits AND PENALTIES for WILFUL
false statement OR OMISSION.  A claimant who has wilfully made  a  false
statement  or representation OR WILFULLY CONCEALED ANY PERTINENT FACT to
obtain any benefit under the provisions of this  article  shall  forfeit
benefits  for at least the first four but not more than the first eighty
effective days following discovery of such offense for which he  OR  SHE
otherwise  would  have  been  entitled to receive benefits. Such penalty
shall apply only once with respect to each such offense.
  For the purpose of subdivision four of section five hundred ninety  of
this article, the claimant shall be deemed to have received benefits for
such forfeited effective days.
  The penalty provided in this section shall not be confined to a single
benefit  year  but  shall  no longer apply in whole or in part after the
expiration of two years from the date [on which the offense was  commit-
ted]  OF  THE  FINAL DETERMINATION. SUCH TWO-YEAR PERIOD SHALL BE TOLLED
DURING THE TIME PERIOD A CLAIMANT HAS AN APPEAL PENDING.
  A claimant shall refund all moneys  received  because  of  such  false
statement  or representation [made by him] OR WILFUL CONCEALMENT AND PAY
A CIVIL PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF ONE HUNDRED DOLLARS
OR FIFTEEN PERCENT OF THE TOTAL OVERPAID BENEFITS DETERMINED PURSUANT TO
THIS SECTION.  WHEN A DETERMINATION BASED UPON A WILFUL FALSE  STATEMENT
OR  REPRESENTATION  OR  BASED UPON THE WILFUL CONCEALMENT OF A PERTINENT
FACT IN CONNECTION WITH THE CLAIM FOR  BENEFITS  BECOMES  FINAL  THROUGH
EXHAUSTION  OF  APPEAL  RIGHTS OR FAILURE TO EXHAUST HEARING RIGHTS, THE
COMMISSIONER MAY FILE WITH THE COUNTY CLERK  OF  THE  COUNTY  WHERE  THE
CLAIMANT  RESIDES  THE  FINAL  DETERMINATION  OF THE COMMISSIONER OR THE

S. 2607                            83                            A. 3007

FINAL DECISION BY AN ADMINISTRATIVE LAW JUDGE, THE  APPEAL  BOARD  OR  A
COURT CONTAINING THE AMOUNT FOUND TO BE DUE INCLUDING INTEREST AND CIVIL
PENALTY.  THE  FILING OF SUCH FINAL DETERMINATION OR DECISION SHALL HAVE
THE  FULL  FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE OFFICE OF
SUCH CLERK. THE FINAL DETERMINATION OR DECISION MAY BE ENFORCED  BY  AND
IN  THE SAME MANNER, AND WITH LIKE EFFECT AS IF IT WERE A DEFAULT AS SET
FORTH IN SECTION FIVE HUNDRED  SEVENTY-THREE  OF  THIS  ARTICLE.  MONEYS
RECEIVED  BECAUSE  OF  SUCH  FALSE STATEMENT OR REPRESENTATION OR WILFUL
CONCEALMENT, INCLUDING THE ACCRUAL OF INTEREST, MAY ALSO BE RECOVERED AS
PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR  THE  RECOVERY  OF  A
MONEY  JUDGMENT  OR  THROUGH COMMON LAW OR STATUTORY RIGHTS OF OFFSET OR
ANY CRIMINAL PROSECUTION. THE PENALTIES  COLLECTED  HEREUNDER  SHALL  BE
DEPOSITED  IN  THE  FUND.  THE PENALTIES ASSESSED UNDER THIS SUBDIVISION
SHALL APPLY AND BE ASSESSED FOR ANY BENEFITS PAID  UNDER  FEDERAL  UNEM-
PLOYMENT  AND EXTENDED UNEMPLOYMENT PROGRAMS ADMINISTERED BY THE DEPART-
MENT IN THE SAME MANNER AS PROVIDED IN THIS ARTICLE.  THE  PENALTIES  IN
THIS  SECTION  SHALL  BE IN ADDITION TO ANY PENALTIES IMPOSED UNDER THIS
CHAPTER OR ANY STATE OR FEDERAL CRIMINAL STATUTE.
  S 17. Section 596 of the labor law is amended by adding a new subdivi-
sion 7 to read as follows:
  7. NOTWITHSTANDING THE PROVISIONS OF SECTION FIVE HUNDRED  NINETY-FIVE
OF  THIS  TITLE, THE COMMISSIONER SHALL DEDUCT AND WITHHOLD ANY OVERPAY-
MENTS ESTABLISHED UNDER THIS ARTICLE OR ANY LAW OF  ANOTHER  STATE  FROM
BENEFITS  PAYABLE  TO  AN  INDIVIDUAL. NO PENALTIES OR INTEREST ASSESSED
PURSUANT TO SECTION FIVE  HUNDRED  NINETY-FOUR  OF  THIS  TITLE  MAY  BE
DEDUCTED OR WITHHELD FROM BENEFITS.
  S  18.  Subdivision  2  of  section 597 of the labor law is amended by
adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING  PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  UNLESS  A
COMMISSIONER'S  ERROR  IS SHOWN OR THE FAILURE IS THE DIRECT RESULT OF A
DISASTER EMERGENCY DECLARED BY THE GOVERNOR OR PRESIDENT, AN  EMPLOYER'S
ACCOUNT  SHALL NOT BE RELIEVED OF CHARGES RESULTING IN AN OVERPAYMENT OF
BENEFITS WHEN THE COMMISSIONER DETERMINES THAT THE OVERPAYMENT WAS  MADE
BECAUSE  THE  EMPLOYER  OR THE AGENT OF THE EMPLOYER FAILED TO TIMELY OR
ADEQUATELY RESPOND TO A REQUEST FOR INFORMATION IN THE NOTICE OF  POTEN-
TIAL  CHARGES OR OTHER SUCH NOTICE REQUESTING INFORMATION IN RELATION TO
A CLAIM UNDER THIS ARTICLE, PROVIDED,  HOWEVER,  THAT  THE  COMMISSIONER
SHALL  RELIEVE  THE EMPLOYER OF CHARGES THE FIRST TIME THAT THE EMPLOYER
FAILS TO  PROVIDE  TIMELY  OR  ADEQUATE  INFORMATION,  IF  THE  EMPLOYER
PROVIDES GOOD CAUSE FOR SUCH FAILURE AS DETERMINED BY THE COMMISSIONER.
  THE  TERM  "ADEQUATELY"  AS USED IN THIS PARAGRAPH SHALL MEAN THAT THE
EMPLOYER OR ITS AGENT FAILED TO SUBMIT INFORMATION SUFFICIENT TO  RENDER
A CORRECT DETERMINATION OR FAILED TO PROVIDE A RESPONSE TO A REQUEST FOR
INFORMATION AS DETERMINED BY THE COMMISSIONER.
  THIS  PROHIBITION  FOR  RELIEF OF CHARGES SHALL APPLY TO ALL EMPLOYERS
UNDER THIS ARTICLE INCLUDING  EMPLOYERS  ELECTING  PAYMENT  IN  LIEU  OF
CONTRIBUTIONS.
  S  19.  Section  600  of the labor law, as added by chapter 793 of the
laws of 1963, subdivision 6 as amended by chapter 391  of  the  laws  of
2005,  subdivision  7 as added by chapter 362 of the laws of 1980, para-
graph (a) of subdivision 7 as amended by chapter  176  of  the  laws  of
2004, paragraph (b) of subdivision 7 as amended by chapter 5 of the laws
of 2000, and paragraph (c) of subdivision 7 as relettered by chapter 895
of the laws of 1980, is amended to read as follows:
  S  600.  Effect  of retirement payments. 1. Reduction of benefit rate.
[If a claimant retires or is retired from employment by an employer and,

S. 2607                            84                            A. 3007

due to such retirement, is receiving a  pension  or  retirement  payment
under  a plan financed in whole or in part by such employer, such claim-
ant's benefit rate for four effective days  otherwise  applicable  under
subdivision  seven  of  section  five hundred ninety shall be reduced as
hereinafter provided.
  2. Application. The reduction shall apply only to benefits which  when
paid  will be chargeable to the account of the employer who provided the
pension or retirement benefit.
  3. Amount of reduction. If the pension or retirement payment  is  made
under  a  plan to which the employer is the sole contributor, the claim-
ant's benefit rate shall be reduced  by  the  largest  number  of  whole
dollars which is not more than the prorated weekly amount of his pension
or  retirement  payment  under  such  plan. If the pension or retirement
payment is made under a plan to which  the  employer  is  not  the  sole
contributor, the claimant's benefit rate shall be reduced by the largest
number  of whole dollars which is not more than one-half of the prorated
weekly amount of his pension or retirement payments under such plan, but
no reduction shall apply if the claimant demonstrates that the  employer
contributed less than fifty per centum to the plan.
  4.  Reduction equal to benefit rate. If the amount to be deducted from
a claimant's benefit rate equals or exceeds such rate, he shall be inel-
igible to receive any benefits which if paid would be chargeable to  the
employer  involved  in  the pension or retirement plan, but any benefits
which would in the absence of this section be chargeable to the accounts
of other employers shall be payable to the claimant.
  5. Reduction not established. If, at the time benefits are payable, it
has not been established  that  the  claimant  will  be  receiving  such
pension  or  retirement  payment,  benefits  due shall be paid without a
reduction, subject to review within the period and under the  conditions
as provided in subdivisions three and four of section five hundred nine-
ty-seven with respect to retroactive payment of remuneration.
  6. Limitation. For the purposes of this section, the terms "pension or
retirement  payment"  and  "governmental or other pension, retirement or
retired pay, annuity, or any other similar  periodic  payment  which  is
based on previous work" shall not include payments made from a qualified
trust  to  an  eligible  retirement  plan under the terms and conditions
specified in section four hundred two of the internal revenue  code  for
federal  income  tax  purposes, such payments commonly known as eligible
rollover distributions.
  7. Alternative condition. (a) When a reduction for retirement payments
is required by the federal unemployment tax act as a condition for  full
tax  credit,  in  which  event  the provisions of subdivisions one, two,
three, four and five of this section shall not be  operative,  the]  (A)
THE  benefit rate of a claimant who is receiving a governmental or other
pension, retirement or retired pay, annuity, or any other similar  peri-
odic  payment  which  is based on his previous work, shall be reduced as
hereinafter provided, if such payment is made under a plan maintained or
contributed to by his base period employer and, except for payments made
under the social security act or the railroad retirement  act  of  1974,
the  claimant's  employment  with,  or  remuneration from, such employer
after the beginning of the base period affected his eligibility for,  or
increased the amount of, such pension, retirement or retired pay, annui-
ty, or other similar periodic payment.
  (b)  [If the claimant made no contribution for the pension, retirement
or retired pay, annuity, or other similar  periodic  payment,  his]  THE
CLAIMANT'S  benefit rate shall be reduced by the largest number of whole

S. 2607                            85                            A. 3007

dollars which is not more than  the  pro-rated  weekly  amount  of  such
payment.  If  the  claimant  was  the  sole contributor for the pension,
retirement or retired pay, annuity, or other similar  periodic  payment,
no  reduction  shall  apply.  [If  the  claimant's contributions for the
pension, retirement or retired pay, annuity, or other  similar  periodic
payment  were  less  than one hundred per centum, the commissioner shall
determine the amount of the reduction by taking into account the  claim-
ant's contributions in a manner consistent with the federal unemployment
tax act.]
  (c)  If, at the time benefits are payable, it has not been established
that the claimant will be receiving such pension, retirement or  retired
pay,  annuity  or  other  payment,  benefits due shall be paid without a
reduction, subject to review within the period and under the  conditions
as provided in subdivisions three and four of section five hundred nine-
ty-seven with respect to retroactive payment of remuneration.
  (D) FOR THE PURPOSES OF THIS SECTION, THE TERMS "PENSION OR RETIREMENT
PAYMENT"  AND "GOVERNMENTAL OR OTHER PENSION, RETIREMENT OR RETIRED PAY,
ANNUITY, OR ANY OTHER SIMILAR PERIODIC PAYMENT WHICH IS BASED ON  PREVI-
OUS  WORK"  SHALL NOT INCLUDE PAYMENTS MADE FROM A QUALIFIED TRUST TO AN
ELIGIBLE RETIREMENT PLAN UNDER THE TERMS  AND  CONDITIONS  SPECIFIED  IN
SECTION FOUR HUNDRED TWO OF THE INTERNAL REVENUE CODE FOR FEDERAL INCOME
TAX PURPOSES, SUCH PAYMENTS COMMONLY KNOWN AS ELIGIBLE ROLLOVER DISTRIB-
UTIONS.
  S  20.  Section 602 of the labor law, as amended by chapter 214 of the
laws of 1998, is amended to read as follows:
  S 602. Application. This title shall apply to a claimant  employed  by
an  employer  whose  application to participate in a shared work program
has been approved by the commissioner.  The  provisions  of  subdivision
four  of section five hundred twenty-seven, subdivisions three and seven
of section five hundred ninety and  subdivision  four  of  section  five
hundred  ninety-six  of  this  article  shall  not be applicable to such
claimant and he OR SHE shall not be required to be  available  for  work
with  any  other  employer NOR SHALL HE OR SHE BE REQUIRED TO SEARCH FOR
WORK IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION FIVE HUNDRED  NINETY-
ONE OF THIS ARTICLE IF HE OR SHE IS AVAILABLE FOR HIS OR HER USUAL HOURS
OF  WORK  WITH HIS OR HER EMPLOYER THAT HAS BEEN ACCEPTED TO PARTICIPATE
IN THE SHARED WORK PROGRAM. The other provisions of this  article  shall
apply  to such claimants and their employers to the extent that they are
not inconsistent with the provisions of this title.
  S 21. Section 603 of the labor law, as added by  chapter  438  of  the
laws of 1985, is amended to read as follows:
  S  603.  Definitions. For purposes of this title: "Total unemployment"
shall mean the total lack of any employment on any day, other than  with
an  employer applying for a shared work program. "Full time hours" shall
mean at least thirty-five but not more than forty hours  per  week,  and
shall  not  include overtime as defined in the Fair Labor Standards Act.
"Work force" shall mean the total work  force,  a  clearly  identifiable
unit  or  units thereof, or a particular shift or shifts. THE WORK FORCE
SUBJECT TO REDUCTION SHALL CONSIST OF NO LESS THAN TWO EMPLOYEES.
  S 22. Section 605 of the labor law, as amended by section 2 of chapter
81 of the laws of 1992, is amended to read as follows:
  S 605. Qualified employers; application. An employer who has at  least
[five] TWO full time employees may apply to participate in a shared work
program.   The WRITTEN application shall be made according to such forms
and procedures as the commissioner may specify and  shall  include  such
information as the commissioner may require, INCLUDING SUCH OTHER INFOR-

S. 2607                            86                            A. 3007

MATION THAT THE UNITED STATES SECRETARY OF LABOR DETERMINES TO BE APPRO-
PRIATE  FOR  PURPOSES  OF A SHARED WORK PROGRAM.  The commissioner shall
not approve such application unless the employer (1) [agrees]  CERTIFIES
that  for  the duration of the program it will not eliminate or diminish
health insurance,  medical  insurance,  or  any  other  fringe  benefits
provided  to  employees immediately prior to the application UNLESS SUCH
BENEFITS PROVIDED TO EMPLOYEES THAT DO NOT  PARTICIPATE  IN  THE  SHARED
WORK  PROGRAM  ARE  REDUCED  OR  DIMINISHED  TO THE SAME EXTENT AS THOSE
EMPLOYEES THAT PARTICIPATE IN THE SHARED  WORK  PROGRAM;  (2)  certifies
that  the  collective  bargaining  agent  for the employees, if any, has
agreed to participate in the program; (3) certifies that if not for  the
shared  work  program to be initiated the employer would reduce or would
have reduced its work force to a degree equivalent to the  total  number
of  working  hours proposed to be reduced or restricted for all included
employees; (4) certifies that it will not hire additional part  time  or
full  time employees for the affected work force while the program is in
operation; [and] (5) agrees that no participant  of  the  program  shall
receive,  in the aggregate, more than [twenty] TWENTY-SIX weeks of bene-
fits exclusive of the waiting week; (6) PROVIDES A  DESCRIPTION  OF  HOW
WORKERS IN THE WORK FORCE WILL BE NOTIFIED OF THE SHARED WORK PROGRAM IN
ADVANCE  OF  IT  TAKING  EFFECT,  IF FEASIBLE, AND IF SUCH NOTICE IS NOT
FEASIBLE, PROVIDES AN EXPLANATION OF WHY SUCH NOTICE  IS  NOT  FEASIBLE;
(7)  PROVIDES AN ESTIMATE OF THE NUMBER OF WORKERS WHO WOULD BE LAID OFF
IF THE EMPLOYER COULD NOT PARTICIPATE IN THE SHARED  WORK  PROGRAM;  AND
(8)  CERTIFIES  THAT THE TERMS OF THE EMPLOYER'S WRITTEN PLAN AND IMPLE-
MENTATION SHALL BE CONSISTENT WITH EMPLOYER OBLIGATIONS UNDER APPLICABLE
FEDERAL AND STATE LAWS.
  S 23. Section 607 of the labor law, as added by  chapter  438  of  the
laws of 1985, subdivision 1 as amended by section 4 of chapter 81 of the
laws of 1992, is amended to read as follows:
  S  607.  Benefits. 1. Amount. An eligible claimant shall be paid bene-
fits for any week equal to his OR HER benefit  rate  multiplied  by  the
percentage of reduction of his OR HER wages resulting from reduced hours
of work, but only if such percentage is no less than twenty percent. The
weekly  benefit  amount  shall  be  rounded off to the nearest dollar. A
claimant  shall  not  be  paid  such  benefits  in  excess  of  [twenty]
TWENTY-SIX weeks during a benefit year.
  2.  Waiting  period.  A claimant shall not be entitled to benefits for
the first week of unemployment under a shared work program unless he  OR
SHE  has  served a waiting period in his OR HER benefit year pursuant to
subdivision seven of section five hundred ninety of this article.
  S 24. The labor law is amended by adding a new section 609 to read  as
follows:
  S  609. TRAINING.  ELIGIBLE EMPLOYEES MAY PARTICIPATE, AS APPROPRIATE,
IN TRAINING TO ENHANCE JOB SKILLS IF SUCH PROGRAM HAS BEEN  APPROVED  BY
THE COMMISSIONER.  SUCH TRAINING MAY INCLUDE EMPLOYER-SPONSORED TRAINING
OR WORKER TRAINING FUNDED UNDER THE WORKFORCE INVESTMENT ACT OF 1998.
  S  25.  Section 611 of the labor law, as amended by chapter 589 of the
laws of 1998, is amended to read as follows:
  S 611. Charging of benefits. Benefits paid  to  a  claimant  shall  be
charged  to  the  employers'  accounts  as  provided in paragraph (e) of
subdivision one of section five  hundred  eighty-one  of  this  article.
HOWEVER,  EXCEPT FOR INDIVIDUALS EMPLOYED BY A PARTICIPATING EMPLOYER ON
A SEASONAL, TEMPORARY OR INTERMITTENT  BASIS,  NO  BENEFITS  PAID  TO  A
CLAIMANT SHALL BE CHARGED TO AN EMPLOYER'S ACCOUNT IF THE STATE IS REIM-

S. 2607                            87                            A. 3007

BURSED  BY THE UNITED STATES PURSUANT TO THE MIDDLE CLASS TAX RELIEF AND
JOB CREATION ACT OF 2012, PL 112-96.
  S  26. The labor law is amended by adding a new section 612 to read as
follows:
  S 612.  SEVERABILITY.    IF  ANY  AMENDMENT  CONTAINED  IN  A  CLAUSE,
SENTENCE,  PARAGRAPH, SECTION OR PART OF THIS TITLE SHALL BE ADJUDGED BY
THE UNITED STATES DEPARTMENT OF LABOR TO VIOLATE REQUIREMENTS FOR  MAIN-
TAINING  BENEFIT STANDARDS REQUIRED OF THE STATE IN ORDER TO BE ELIGIBLE
FOR ANY FINANCIAL BENEFIT OFFERED  THROUGH  FEDERAL  LAW  OR  REGULATION
INCLUDING, BUT NOT LIMITED TO, THE WAIVER OF INTEREST ON ADVANCES OR THE
WAIVER  OF  OBLIGATIONS TO REPAY SUCH ADVANCES TO THE STATE UNEMPLOYMENT
INSURANCE FUND, SUCH AMENDMENTS SHALL BE SEVERED FROM THIS ACT AND SHALL
NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THEREOF.
  S 27. Section 39 of part P2 of chapter 62 of the laws of 2003,  amend-
ing  the  state  finance  law and other laws relating to authorizing and
directing the state comptroller to  loan  money  to  certain  funds  and
accounts, as amended by section 1 of part W of chapter 58 of the laws of
2011, is amended to read as follows:
  S  39.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2003; provided,
however, that sections one, three, four, six, seven through fifteen, and
seventeen of this act shall expire March 31, 2004, when upon  such  date
the  provisions of such sections shall be deemed repealed; [and sections
thirty and thirty-one of this act shall expire December  31,  2013]  and
the  amendments made to section 69-c of the state finance law by section
thirty-two of this act shall not affect the  expiration  and  repeal  of
such section and shall be deemed to be expired therewith.
  S  28. Severability. If any amendment contained in a clause, sentence,
paragraph, section or part of this act shall be adjudged by  the  United
States Department of Labor to violate requirements for maintaining bene-
fit  standards  required  of  the  state in order to be eligible for any
financial benefit offered through federal law or  regulation  including,
but  not limited to, the waiver of interest on advances or the waiver of
obligations to repay such advances to the state  unemployment  insurance
fund,  such  amendments  shall  be  severed  from this act and shall not
affect, impair or invalidate the remainder thereof.
  S 29. This act shall take effect immediately, provided, however, that:
  a. sections one, three, seven, and eight of this act shall take effect
January 1, 2014;
  b. sections two, thirteen, fifteen, and nineteen  of  this  act  shall
apply to all claims filed after January 1, 2014;
  c. section nine of this act shall take effect January 1, 2017;
  d. section ten of this act shall take effect January 1, 2019;
  e.  sections  five,  six, sixteen, seventeen, and eighteen of this act
shall apply to all overpayments established after October 1, 2013;
  f. sections fourteen, twenty,  twenty-one,  twenty-two,  twenty-three,
twenty-four, and twenty-six of this act shall take effect on the thirti-
eth day after it shall have become a law;
  g. section twenty-five of this act shall expire and be deemed repealed
August 23, 2015;
  h.  section twelve of this act shall take effect January 1, 2014 or on
the same date as the reversion of subdivision 2 of section  591  of  the
labor  law as provided in section 10 of chapter 413 of the laws of 2003,
as amended, whichever is later; and

S. 2607                            88                            A. 3007

  i. the amendments to section 591-a of the labor law  made  by  section
fourteen  of  this  act  shall not affect the repeal of such section and
shall be deemed repealed therewith.

                                 PART P

  Section 1. Subdivisions 1, 4 and 5 of section 652 of the labor law, as
amended  by  chapter  747  of  the  laws of 2004, are amended to read as
follows:
  1. Statutory. Every employer shall pay to each of  its  employees  for
each hour worked a wage of not less than:
  $4.25 on and after April 1, 1991,
  $5.15 on and after March 31, 2000,
  $6.00 on and after January 1, 2005,
  $6.75 on and after January 1, 2006,
  $7.15 on and after January 1, 2007,
  $8.75  ON  AND  AFTER JULY 1, 2013, or, if greater, such other wage as
may be established by federal law pursuant to 29 U.S.C. section  206  or
its successors
or  such  other  wage  as  may  be  established  in  accordance with the
provisions of this article.
  4. Notwithstanding subdivisions one and two of this section, the  wage
for  an  employee who is a food service worker receiving tips shall be a
cash wage of at least three dollars and thirty  cents  per  hour  on  or
after  March  thirty-first,  two thousand; three dollars and eighty-five
cents on or after January  first,  two  thousand  five;  at  least  four
dollars  and  thirty-five  cents on or after January first, two thousand
six; [and] at least four dollars and sixty cents  on  or  after  January
first,  two  thousand seven; AND AT LEAST SIX DOLLARS AND THREE CENTS ON
OR AFTER JULY FIRST, TWO THOUSAND THIRTEEN, provided that  the  tips  of
such  an  employee, when added to such cash wage, are equal to or exceed
the minimum wage in effect pursuant to subdivision one of  this  section
and  provided further that no other cash wage is established pursuant to
section six hundred fifty-three of this article. In the event  the  cash
wage  payable  under the Fair Labor Standards Act (29 United States Code
Sec. 203 (m), as amended), is increased after enactment of this subdivi-
sion, the cash wage payable under this subdivision  shall  automatically
be  increased  by  the  proportionate  increase in the cash wage payable
under such federal law, and will be immediately enforceable as the  cash
wage payable to food service workers under this article.
  5.  Notwithstanding subdivisions one and two of this section, meal and
lodging allowances for a food  service  worker  receiving  a  cash  wage
amounting  to  three dollars and thirty cents per hour on or after March
thirty-first, two thousand; three dollars and eighty-five  cents  on  or
after  January  first,  two  thousand five; four dollars and thirty-five
cents on or after January first, two thousand six;  [and]  four  dollars
and  sixty  cents  on or after January first, two thousand seven; AND AT
LEAST SIX DOLLARS AND THREE CENTS ON OR AFTER JULY FIRST,  TWO  THOUSAND
THIRTEEN,  shall  not  increase  more  than  two-thirds  of the increase
required by subdivision two of this section as  applied  to  state  wage
orders in effect pursuant to subdivision one of this section.
  S 2. This act shall take effect immediately.

                                 PART Q

S. 2607                            89                            A. 3007

Section  1.  Paragraph  (d) of subdivision 4 of section 209 of the civil
service law, as amended by section 9 of part A of  chapter  504  of  the
laws of 2009, is amended to read as follows:
  (d) The provisions of this subdivision shall expire [thirty-six] FORTY
years from July first, nineteen hundred seventy-seven, and hereafter may
be renewed every four years.
  S  2.  Section 209 of the civil service law is amended by adding a new
subdivision 6 to read as follows:
  6. (A) FOR DISPUTES CONCERNING AN IMPASSE PURSUANT TO SUBDIVISION FOUR
OF THIS SECTION THAT INVOLVE A COUNTY, CITY, TOWN, OR VILLAGE SUBJECT TO
SECTION THREE-C OF THE GENERAL MUNICIPAL LAW, A PUBLIC ARBITRATION PANEL
SHALL MAKE A DETERMINATION AS TO WHETHER SUCH  COUNTY,  CITY,  TOWN,  OR
VILLAGE,  IS A DISTRESSED PUBLIC EMPLOYER AS PART OF ITS ANALYSIS OF THE
FINANCIAL ABILITY OF THE PUBLIC EMPLOYER TO PAY.
  (B) IN EVALUATING WHETHER A PUBLIC EMPLOYER COVERED BY  THIS  SUBDIVI-
SION  IS  A  DISTRESSED  PUBLIC  EMPLOYER, SUCH PUBLIC ARBITRATION PANEL
SHALL CONSIDER THE AVERAGE FULL VALUE PROPERTY TAX RATE OF  SUCH  PUBLIC
EMPLOYER  AND THE AVERAGE FUND BALANCE PERCENTAGE OF SUCH PUBLIC EMPLOY-
ER.
  I. FOR PURPOSES OF THIS SUBDIVISION, "FULL VALUE  PROPERTY  TAX  RATE"
SHALL  MEAN  THE  AMOUNT  TO  BE RAISED BY TAX ON REAL ESTATE BY A LOCAL
GOVERNMENT IN A GIVEN FISCAL YEAR DIVIDED BY THE FULL VALUATION OF TAXA-
BLE REAL ESTATE FOR THAT SAME FISCAL YEAR AS REPORTED TO THE  OFFICE  OF
THE STATE COMPTROLLER.
  II. FOR PURPOSES OF THIS SUBDIVISION, "AVERAGE FULL VALUE PROPERTY TAX
RATE"  SHALL  MEAN  THE SUM OF THE FULL VALUE PROPERTY TAX RATES FOR THE
FIVE MOST RECENT FISCAL YEARS DIVIDED BY FIVE.
  III. FOR PURPOSES OF THIS SUBDIVISION, "FUND BALANCE PERCENTAGE" SHALL
MEAN THE TOTAL FUND BALANCE IN THE GENERAL FUND OF A LOCAL GOVERNMENT IN
A GIVEN FISCAL YEAR DIVIDED BY THE TOTAL EXPENDITURES FROM  THE  GENERAL
FUND  FOR  THAT  SAME FISCAL YEAR AS REPORTED TO THE OFFICE OF THE STATE
COMPTROLLER.
  IV. FOR PURPOSES OF THIS SUBDIVISION, "AVERAGE FUND  BALANCE  PERCENT-
AGE"  SHALL  MEAN  THE  SUM OF THE FUND BALANCE PERCENTAGES FOR THE FIVE
MOST RECENTLY COMPLETED FISCAL YEARS DIVIDED BY FIVE.
  (C) IF THE AVERAGE FULL VALUE PROPERTY TAX RATE OF SUCH PUBLIC EMPLOY-
ER IS GREATER THAN THE AVERAGE FULL VALUE PROPERTY TAX RATE OF  SEVENTY-
FIVE PERCENT OF COUNTIES, CITIES, TOWNS, AND VILLAGES, WITH LOCAL FISCAL
YEARS ENDING IN THE SAME CALENDAR YEAR AS OF THE MOST RECENTLY AVAILABLE
INFORMATION,  THE  PUBLIC  ARBITRATION  PANEL MUST FIND THAT SUCH PUBLIC
EMPLOYER IS FISCALLY DISTRESSED. THE OFFICE  OF  THE  STATE  COMPTROLLER
SHALL  MAKE  PUBLICLY AVAILABLE THE LIST OF COUNTIES, CITIES, TOWNS, AND
VILLAGES, THAT HAVE AN AVERAGE FULL VALUE PROPERTY TAX RATE  THAT  MEETS
SUCH  CRITERIA  IN  EACH LOCAL FISCAL YEAR. IF A PUBLIC EMPLOYER HAS NOT
REPORTED TO THE OFFICE OF THE STATE COMPTROLLER THE  INFORMATION  NECES-
SARY  TO  CALCULATE ITS AVERAGE FULL VALUE PROPERTY TAX RATE, THE PUBLIC
ARBITRATION PANEL MAY NOT USE THE AVERAGE FULL VALUE PROPERTY  TAX  RATE
AS  A  BASIS  BY  WHICH  TO  FIND  THAT SUCH PUBLIC EMPLOYER IS FISCALLY
DISTRESSED.
  (D) IF THE AVERAGE FUND BALANCE PERCENTAGE OF SUCH PUBLIC EMPLOYER  IS
LESS THAN FIVE PERCENT, THE PUBLIC ARBITRATION PANEL MUST FIND THAT SUCH
PUBLIC  EMPLOYER  IS  FISCALLY DISTRESSED. THE OFFICE OF THE STATE COMP-
TROLLER SHALL MAKE PUBLICLY AVAILABLE  THE  LIST  OF  COUNTIES,  CITIES,
TOWNS,  AND  VILLAGES, THAT HAVE AN AVERAGE FUND BALANCE PERCENTAGE THAT
MEETS SUCH CRITERIA IN EACH LOCAL FISCAL YEAR. IF A PUBLIC EMPLOYER  HAS
NOT  REPORTED  TO  THE  OFFICE  OF THE STATE COMPTROLLER THE INFORMATION

S. 2607                            90                            A. 3007

NECESSARY TO CALCULATE ITS AVERAGE FUND BALANCE PERCENTAGE,  THE  PUBLIC
ARBITRATION  PANEL  MAY NOT USE THE AVERAGE FUND BALANCE PERCENTAGE AS A
BASIS BY WHICH TO FIND THAT SUCH PUBLIC EMPLOYER IS FISCALLY DISTRESSED.
  (E)   WHEN  SUCH  PUBLIC  EMPLOYER  HAS  BEEN  FOUND  TO  BE  FISCALLY
DISTRESSED, THE PUBLIC ARBITRATION PANEL SHALL NOT HAVE THE AUTHORITY TO
ISSUE A DETERMINATION THAT INCREASES THE COST OF TERMS AND CONDITIONS OF
EMPLOYMENT APPLICABLE TO EMPLOYEES UNDER THE JURISDICTION OF SUCH  PANEL
EXCEPT AS PROVIDED HEREIN.
  I. FOR THE FIRST  YEAR OF THE DETERMINATION, THE PANEL SHALL NOT ISSUE
A  DETERMINATION  THAT  MAKES  CHANGES  TO AND INCREASES THE COST OF ALL
TERMS AND CONDITIONS OF EMPLOYMENT BY  MORE  THAN  TWO  PERCENT  OF  THE
AGGREGATE AMOUNT EXPENDED BY THE PUBLIC EMPLOYER ON THE TERMS OF COLLEC-
TIVE  BARGAINING  AGREEMENTS  DIRECTLY  RELATING  TO COMPENSATION OF ALL
EMPLOYEES SUBJECT TO THE PUBLIC ARBITRATION PANEL'S JURISDICTION IN  THE
TWELVE  MONTHS  IMMEDIATELY  PRECEDING  THE EXPIRATION OF THE COLLECTIVE
BARGAINING AGREEMENT OR INTEREST ARBITRATION AWARD THAT IS  THE  SUBJECT
OF  THE  IMPASSE  BEFORE  THE  PANEL. FOR THE FIRST YEAR OF THE DETERMI-
NATION, THE PANEL IS REQUIRED TO FURTHER REDUCE THIS TWO PERCENT BY  THE
AMOUNT  OF  ANY  INCREASED  COST THAT THE PUBLIC EMPLOYER WILL INCUR FOR
INSURANCE, MEDICAL, AND HOSPITALIZATION BENEFITS PROVIDED  TO  EMPLOYEES
SUBJECT  TO  THE  PANEL'S  JURISDICTION  THAT  WILL EXCEED A TWO PERCENT
INCREASE IN COST TO THE PUBLIC EMPLOYER TO PROVIDE  INSURANCE,  MEDICAL,
AND HOSPITALIZATION BENEFITS TO EMPLOYEES UNDER THE PANEL'S JURISDICTION
DURING THE FIRST YEAR OF THE DETERMINATION.
  II.  FOR  THE  SECOND  YEAR  OF THE DETERMINATION, THE PANEL SHALL NOT
ISSUE A DETERMINATION THAT MAKES CHANGES TO AND INCREASES  THE  COST  OF
ALL  TERMS  AND CONDITIONS OF EMPLOYMENT BY MORE THAN TWO PERCENT OF THE
AGGREGATE AMOUNT EXPENDED BY THE PUBLIC EMPLOYER ON THE TERMS OF COLLEC-
TIVE BARGAINING AGREEMENTS DIRECTLY  RELATING  TO  COMPENSATION  OF  ALL
EMPLOYEES  SUBJECT TO THE PUBLIC ARBITRATION PANEL'S JURISDICTION IN THE
TWELVE MONTHS IMMEDIATELY PRECEDING THE  EXPIRATION  OF  THE  COLLECTIVE
BARGAINING  AGREEMENT  OR INTEREST ARBITRATION AWARD THAT IS THE SUBJECT
OF THE IMPASSE BEFORE THE PANEL. FOR THE SECOND  YEAR  OF  THE  DETERMI-
NATION,  THE PANEL IS REQUIRED TO FURTHER REDUCE THIS TWO PERCENT BY THE
AMOUNT OF ANY INCREASED COST THAT THE PUBLIC  EMPLOYER  WILL  INCUR  FOR
INSURANCE,  MEDICAL,  AND HOSPITALIZATION BENEFITS PROVIDED TO EMPLOYEES
SUBJECT TO THE PANEL'S JURISDICTION  THAT  WILL  EXCEED  A  TWO  PERCENT
INCREASE  IN  COST TO THE PUBLIC EMPLOYER TO PROVIDE INSURANCE, MEDICAL,
AND HOSPITALIZATION BENEFITS FOR EMPLOYEES UNDER THE  PANEL'S  JURISDIC-
TION DURING THE FIRST YEAR OF THE DETERMINATION. IF THE ACTUAL AMOUNT OF
THE  INCREASED  COST  THAT  A  PUBLIC EMPLOYER WILL INCUR FOR INSURANCE,
MEDICAL, AND HOSPITALIZATION  BENEFITS  FOR  EMPLOYEES  SUBJECT  TO  THE
PANEL'S  JURISDICTION  IN  YEAR  TWO  OF THE DETERMINATION IS KNOWN, THE
PUBLIC ARBITRATION PANEL SHALL USE THAT AMOUNT  RATHER  THAN  THE  FIRST
YEAR  AMOUNT  TO CALCULATE ANY REDUCTION. THE DETERMINATION FOR YEAR TWO
WILL BE IN ADDITION TO THE DETERMINATION FOR YEAR ONE.
  III. FOR THE PURPOSES OF DETERMINING THE AMOUNTS AVAILABLE PURSUANT TO
THIS PARAGRAPH, "TERMS  OF  COLLECTIVE  BARGAINING  AGREEMENTS  DIRECTLY
RELATING  TO  COMPENSATION"  INCLUDES,  BUT  IS  NOT LIMITED TO, SALARY,
STIPENDS, LOCATION PAY, INSURANCE, MEDICAL AND HOSPITALIZATION BENEFITS;
AND SHALL NOT APPLY TO NON-COMPENSATORY ISSUES INCLUDING, BUT NOT LIMIT-
ED TO, JOB SECURITY, DISCIPLINARY PROCEDURES AND ACTIONS, DEPLOYMENT  OR
SCHEDULING, OR ISSUES RELATING TO ELIGIBILITY FOR OVERTIME COMPENSATION.
  (F)  ADDITIONALLY, WHEN THERE HAS BEEN A FINDING OF FISCAL DISTRESS, A
PUBLIC ARBITRATION PANEL SHALL NOT HAVE  THE  AUTHORITY  TO  CREATE  NEW
TERMS  AND  CONDITIONS  OF  EMPLOYMENT  THAT INCREASE COSTS OF TERMS AND

S. 2607                            91                            A. 3007

CONDITIONS OF EMPLOYMENT TO THE FISCALLY DISTRESSED PUBLIC  EMPLOYER  IF
THE  INCREASE IN COSTS WOULD CAUSE THE OVERALL COST OF THE DETERMINATION
TO EXCEED THE LIMITATION ON THE PUBLIC ARBITRATION PANEL'S AUTHORITY  AS
CONTAINED IN PARAGRAPH (E) OF THIS SUBDIVISION.
  (G)  NOTHING  HEREIN SHALL REQUIRE A PUBLIC ARBITRATION PANEL, WHERE A
FINDING THAT A DISTRESSED PUBLIC EMPLOYER  IS  REQUIRED,  TO  GRANT  ANY
CHANGE  IN TERMS AND CONDITIONS OF EMPLOYMENT UNLESS OTHERWISE WARRANTED
AFTER TAKING INTO CONSIDERATION ALL OTHER RELEVANT AND REQUIRED FACTORS.
  (H) NOTHING HEREIN SHALL REQUIRE A PUBLIC ARBITRATION PANEL,  WHERE  A
FINDING  THAT A DISTRESSED PUBLIC EMPLOYER IS NOT REQUIRED, TO GRANT ANY
CHANGE IN TERMS AND CONDITIONS OF EMPLOYMENT UNLESS OTHERWISE  WARRANTED
AFTER TAKING INTO CONSIDERATION ALL OTHER RELEVANT AND REQUIRED FACTORS.
  (I)  THE  PROVISIONS  OF THIS SUBDIVISION SHALL EXPIRE FOUR YEARS FROM
JULY FIRST, TWO THOUSAND THIRTEEN.
  S 3. This act shall take effect immediately and shall be effective for
all collective bargaining agreements  and  interest  arbitration  awards
that expire on or after April 1, 2013.

                                 PART R

Section  1. The racing, pari-mutuel wagering and breeding law is amended
by adding a new article 13 to read as follows:
                               ARTICLE 13
                        PHASE ONE CASINO GAMBLING
SECTION 1301. STATEMENT OF PURPOSE.
        1302. PHASE ONE CASINO GAMBLING FACILITIES.
        1303. CASINO GAMBLING REGULATION.
        1304. CASINO GAMBLING REVENUE.
        1305. GAMING REGULATORY STUDY.
        1306. CASINO REQUEST FOR INFORMATION.
  S 1301. STATEMENT OF PURPOSE. IN ORDER TO REVITALIZE  THE  ECONOMY  OF
UPSTATE  NEW  YORK,  BY  INCREASING TOURISM AND JOBS THROUGH DESTINATION
RESORTS IN UPSTATE NEW YORK, AND TO PROVIDE REVENUE  TO  FUND  EDUCATION
AND REDUCE PROPERTY TAXES, THE STATE HEREBY LEGALIZES CASINO GAMBLING AS
REGULATED BY THE STATE GAMING COMMISSION.
  S 1302. PHASE ONE CASINO GAMBLING FACILITIES. 1. THE LEGISLATURE SHALL
AUTHORIZE  UP  TO  THREE  CASINOS SUBJECT TO THE REGULATION OF THE STATE
GAMING COMMISSION.
  2. THE THREE CASINOS AUTHORIZED BY THE LEGISLATURE CANNOT BE LOCATED:
  (A) IN THE CITY OF NEW YORK; AND
  (B) IN THE COUNTIES OF NASSAU, PUTNAM, ROCKLAND,  SUFFOLK,  AND  WEST-
CHESTER.
  S  1303. CASINO GAMBLING REGULATION. 1. THERE IS HEREBY CREATED IN THE
GAMING COMMISSION A SEPARATE OFFICE OF CASINO GAMBLING  REGULATION.  THE
OFFICE  SHALL REGULATE CASINO GAMBLING FACILITIES AUTHORIZED PURSUANT TO
SECTION NINE OF ARTICLE ONE OF THE STATE CONSTITUTION.
  2. UTILIZING ITS BEST INDEPENDENT AND UNBIASED JUDGMENT AS PART  OF  A
COMPETITIVE  PROCESS,  THE  GAMING COMMISSION SHALL SELECT THE LOCATIONS
AND THE OPERATORS OF THE CASINO FACILITIES AUTHORIZED BY THIS ARTICLE.
  3. NO CASINO LOCATION AND OPERATOR  MAY  BE  SELECTED  BY  THE  GAMING
COMMISSION  UNLESS  THAT  LOCATION AND OPERATOR HAVE SIGNIFICANT SUPPORT
FROM BOTH THE LOCAL GOVERNMENT AND THE  LOCAL  COMMUNITY  IN  WHICH  THE
CASINO IS TO BE LOCATED.
  S 1304. CASINO GAMBLING REVENUE. REVENUE DERIVED BY THE STATE FROM THE
GROSS GAMING REVENUE OF THE CASINO FACILITIES AUTHORIZED BY THIS ARTICLE

S. 2607                            92                            A. 3007

SHALL  BE  ALLOCATED TO A CASINO REVENUE FUND AUTHORIZED PURSUANT TO THE
STATE FINANCE LAW AND DISTRIBUTED AS FOLLOWS:
  1. 90% FOR ELEMENTARY AND SECONDARY EDUCATION; AND
  2. 10% FOR LOCAL GOVERNMENT PROPERTY TAX RELIEF.
  S  1305.  GAMING  REGULATORY  STUDY. 1. THE STATE GAMING COMMISSION IS
HEREBY DIRECTED TO CONDUCT  A  COMPREHENSIVE  STUDY  OF  EXISTING  LEGAL
FRAMEWORKS  GOVERNING  THE  LICENSING AND REGULATION OF CASINO GAMBLING.
SUCH STUDY SHALL INCLUDE A REVIEW OF VARIOUS  SYSTEMS  OF  GAMING  REGU-
LATION AND THE EFFECTIVENESS OF THOSE SYSTEMS. SUCH STUDY SHALL CONSIDER
THE METHODS AND MANNERS OF LICENSING OF:  FACILITIES; ENTERPRISES UNDER-
TAKING  DIRECT AND INDIRECT BUSINESS WITH SUCH FACILITIES; AND PERSONNEL
DIRECTLY AND INDIRECTLY EMPLOYED BY SUCH FACILITIES AND ENTERPRISES.
  2. THE COMMISSION SHALL ALSO STUDY THE APPROPRIATE RATES  OF  TAXATION
OF  SUCH GAMING ACTIVITIES AND PROVIDE RECOMMENDATIONS ON CLARIFYING AND
HARMONIZING INCONSISTENT METHODS OF TREATMENT OF VARIOUS FORMS OF GAMING
AUTHORIZED IN THE STATE AND THE PARTICIPANTS WITHIN,  IDENTIFYING  CASES
WHERE THE DISPARITY SERVES A COMPELLING STATE INTEREST.
  3.  THE  COMMISSION  SHALL ALSO STUDY THE LEVELS OF CAPITAL INVESTMENT
THAT MIGHT BE  APPROPRIATE  TO  LOCATE  DESTINATION  CASINO  RESORTS  IN
UPSTATE NEW YORK.
  4.  THE  COMMISSION  SHALL CONSULT WITH THE REGIONAL ECONOMIC DEVELOP-
MENTS COUNCILS IN PREPARING THE STUDY REQUIRED BY THIS SECTION.
  5. THE COMMISSION SHALL SUBMIT TO THE GOVERNOR, SPEAKER OF THE  ASSEM-
BLY  AND  TEMPORARY PRESIDENT OF THE SENATE, NO LATER THAN THE FIFTEENTH
DAY OF MAY, TWO THOUSAND THIRTEEN, A WRITTEN  REPORT  ON  ITS  FINDINGS,
CONCLUSIONS  AND  RECOMMENDATIONS FOR PROPOSED CHANGES TO STATE LAWS AND
REGULATIONS NECESSARY TO PROVIDE FOR THE  LICENSING  AND  REGULATION  OF
CASINO GAMBLING IN NEW YORK STATE.
  S  1306.  CASINO  REQUEST FOR INFORMATION. THE STATE GAMING COMMISSION
SHALL ISSUE A REQUEST FOR INFORMATION  FOR  THE  PURPOSE  OF  SOLICITING
INTEREST  FROM  ENTITIES  SEEKING  AN  AWARD OF A LICENSE TO DEVELOP AND
OPERATE ONE OF THE THREE INITIAL CASINO FACILITIES  AUTHORIZED  BY  THIS
ARTICLE.  THE  REQUEST  SHOULD  SEEK  INFORMATION  FROM POTENTIAL GAMING
FACILITY OPERATORS THAT WILL ASSIST IN MAKING INFORMED  DECISIONS  ABOUT
EXPANDED  REGULATED  PRIVATE  SECTOR  GAMING.  ADDITIONALLY, THE REQUEST
SHOULD ASSIST THE COMMISSION IN DETERMINING THE RANGE OF POSSIBLE DEVEL-
OPMENT AVAILABLE IN THE MARKET AND HELP IDENTIFY  AND  ASSESS  POTENTIAL
GAMING  SERVICE  PROVIDER  INTEREST. POTENTIAL GAMING FACILITY OPERATORS
THAT RESPOND TO REQUESTS SHALL DEMONSTRATE  THAT  THERE  IS  SIGNIFICANT
SUPPORT  FOR  THE  CASINO  FACILITY  FROM THE LOCAL GOVERNMENT COMMUNITY
WHERE THE FACILITY IS PROPOSED TO BE LOCATED.
  S 2. The state finance law is amended by adding a new section 92-a  to
read as follows:
  S  92-A.  CASINO  REVENUE  FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER  OF  TAXATION  AND
FINANCE A SPECIAL FUND TO BE KNOWN AS THE CASINO REVENUE FUND.
  2.  SUCH  FUND SHALL CONSIST OF THE STATE CASINO REVENUES DERIVED FROM
STATE TAXATION OF THE GROSS GAMING REVENUE OF LICENSED CASINOS, AND  ALL
OTHER  MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR
SOURCE PURSUANT TO LAW.
  3. NINETY PERCENT OF THE MONEYS IN SUCH FUND SHALL BE APPROPRIATED  OR
TRANSFERRED ONLY FOR ELEMENTARY AND SECONDARY EDUCATION.
  4.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, AMOUNTS
APPROPRIATED OR TRANSFERRED FROM THE CASINO REVENUE FUND  SHALL  NOT  BE
INCLUDED  IN: (I) THE ALLOWABLE GROWTH AMOUNT COMPUTED PURSUANT TO PARA-
GRAPH (DD) OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO  OF  THE

S. 2607                            93                            A. 3007

EDUCATION  LAW,  (II) THE PRELIMINARY GROWTH AMOUNT COMPUTED PURSUANT TO
PARAGRAPH (FF) OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  TWO  OF
THE EDUCATION LAW, AND (III) THE ALLOCABLE GROWTH AMOUNT COMPUTED PURSU-
ANT  TO  PARAGRAPH (GG) OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
TWO OF THE EDUCATION LAW.
  5. ALL PAYMENTS OF MONEYS FROM THE CASINO REVENUE FUND SHALL  BE  MADE
ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
  S 3. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through R of this act shall be
as specifically set forth in the last section of such Parts.

S2607A - Bill Details

See Assembly Version of this Bill:
A3007D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2607A - Bill Texts

view summary

Amends various provisions of law relating to implementing the ELFA budget for the 2013-2014 state fiscal year; relates to school district eligibility for an increase in apportionment of school aid and implementation of standards for conducting annual professional performance reviews to determine teacher and principal effectiveness; amends the education law, in relation to contracts for excellence, school census in school districts, New York state school safety improvement teams, accountability of school districts, the financing of charter schools, annual professional performance review plans, apportionment of school aid, calculation of the gap elimination restoration amount, establishment of a community schools and extended learning time grant program, duties of school districts and the costs of certain tuition maintenance and transportation; amends the general municipal law, in relation to the employee benefit accrued liability reserve fund; amends the education law, in relation to transportation after 4 pm; amends chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending certain provisions; amends chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to apportionment and reimbursement; and in relation to extending the expiration of certain provisions; amends chapter 169 of the laws of 1994 relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; amends chapter 82 of the laws of 1995, amending the education law and certain other laws relating to state aid to school districts and the appropriation of funds for the support of government; amends chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees; amends chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; amends chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the expiration of certain provisions of such chapter; amends chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts, in relation to extending the provisions of such chapter; relates to school bus driver training; relates to the support of public libraries; provides special apportionment for salary expenses; provides special apportionment for public pension expenses; relates to suballocation of certain education department accruals; relates to purchases by the city school district of Rochester; repeals subdivision 17 of section 1950 of the education law relating thereto; repeals section 3627 of the education law relating to transportation after 5 pm and provides for the repeal of certain provisions upon expiration thereof (Part A); amends the education law and the public authorities law, in relation to the acquisition, design, construction, reconstruction, rehabilitation, improvement and financing of dormitory facilities for the state university of New York (Part B); amends chapter 57 of the laws of 2005 amending the labor law and other laws implementing the state fiscal plan for the 2005-2006 state fiscal year, relating to the New York state higher education capital matching grant program for independent colleges, in relation to the New York state higher education matching grant program for independent colleges and the effectiveness thereof (Part C); amends the education law, in relation to establishing the Next Generation NY Job Linkage Program Act (Part D); amends the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part E); amends the executive law and the social services law, in relation to consolidating the youth development and delinquency prevention program and the special delinquency prevention program; and to repeal certain provisions of the executive law relating thereto; and providing for the repeal of such provisions upon expiration thereof (Part G); amends the real property tax law, in relation to providing for the registration of recipients of STAR exemptions, and eliminating waste, fraud and abuse in the STAR program and relating to the powers of the state board of real property tax services (Part J); utilizes reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part M); relates to the powers of the commissioner of labor and repeals subdivision 17 of section 100 of the economic development law relating to the operation of the state data center (Part N); increases unemployment insurance benefits and contributions, to entitlement and eligibility criteria, to work search requirements, to relieving employers of charges for separations caused by misconduct and voluntarily leaving employment without good cause, to reduction of benefits based on pensions and dismissal pay, to enhanced penalties, in relation to fraudulently obtained benefits and new penalties for employers who cause overpayments by failing to timely and accurately respond to information about claims, to approving employer shared work benefit plans, and to the interest assessment surcharge; amends chapter 62 of the laws of 2003, amending the state finance law and other laws relating to authorizing and directing the state comptroller to loan money to certain funds and accounts, in relation to the effectiveness thereof; repeals certain provisions of the labor law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part O); amends the labor law, in relation to the minimum wage and making technical corrections relating thereto (Part P); amends the racing, pari-mutuel wagering and breeding law, in relation to labor peace agreements (Part R); amends the education law, in relation to dental health certificates for students (Part S); amends the education law, in relation to the performance of medical services (Part T); amends the education law, in relation to creating the graduation, achievement and placement program (Part U); amends the education law, in relation to charges for non-resident students (Part V); amends the tax law, the state finance law and the executive law, in relation to gifts for honor and remembrance of veterans, the establishment of the veterans remembrance and cemetery maintenance and operation fund, repeals certain provisions of the executive law relating thereto (Part W); amends the public service law, in relation to strengthening the oversight and enforcement mechanisms of the Public Service Commission; amends the general business law, in relation to increasing fines for violations relating to the protection of underground facilities (Part X); relates to the repowering of existing power generation facilities (Part Y); amends the labor law, in relation to the self-employment assistance program; amends chapter 413 of the laws of 2003 amending the labor law relating to the self-employment assistance program and other matters, in relation to the effectiveness thereof (Part Z); amends chapter 420 of the laws of 2002 amending the education law relating to the profession of social work; amends chapter 676 of the laws of 2002 amending the education law relating to the practice of psychology; amends chapter 130 of the laws of 2010 amending the education law and other laws relating to the registration of entities providing certain professional services and the licensure of certain professions, in relation to reporting requirements and expiration dates; amends the education law, in relation to licensure of social workers and mental health counselors (Part AA); amends the retirement and social security law, in relation to stable pensions; amends the education law, in relation to a stable contribution option for participating educational employers (Part BB); relates to contracts for services and expenses of pay for success initiatives to improve program outcomes in the program areas of health care, early childhood development, childhood welfare and public safety (Part CC); amends the private housing finance law, in relation to establishing the rural and urban community investment fund program (Part DD); amends the state finance law, in relation to increasing state assistance to eligible cities and eligible municipalities in which a video lottery gaming facility is located (Part EE); amends the penal law, in relation to making technical changes to such law relating to licensing of firearms; amends chapter 1 of the laws of 2013 amending the criminal procedure law and other laws relating to suspension and revocation of firearms licenses, in relation to the effectiveness thereof (Part FF); amends the workers' compensation law, in relation to changing the composition of the board's practice committees and to permitting a single arbitrator process; amends the workers' compensation law, in relation to the collection of assessments for annual expenses and the investment of surplus or reserve; relates to the representation of funds, in relation to closing the fund for reopened cases; relates to administration expenses for the state insurance fund; relates to requiring self-insured municipal groups and county treasurers to provide certain financial information to the workers' compensation board; amends the workers' compensation law and the public authorities law, in relation to authorizing the workers' compensation board and the dormitory authority to enter into a self-insured bond financing agreement; amends the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law, in relation to the payment of benefits and to the assessment of expenses; amends the public officers law, in relation to indemnification of state officers and employees; repeals certain provisions of the workers' compensation law, the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law relating to assessments for expenses, and relating to the location of the workers' compensation board (Part GG); provides for the administration of certain funds and accounts related to the 2013-14 budget; authorizes certain payments and transfers; amends chapter 59 of the laws of 2012, relating to providing for administration of certain funds and accounts related to the 2013-2014 budget, in relation to the effectiveness thereof; amends the state finance law, in relation to school tax relief fund; amends chapter 60 of the laws of 2011, amending the state finance law relating to disbursements from the tribal-state compact revenue account to certain municipalities, in relation to the availability of moneys; amends the New York state medical care facilities finance agency act, in relation to the deposit of certain funds; amends the state finance law, in relation to the issuance of revenue bonds; amends the public authorities law, in relation to the number of directors required for approval of a resolution authorizing the issuance of bonds or notes; amends the New York state urban development corporation act, in relation to funding project costs for certain capital projects; amends chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the Division of Military and Naval Affairs Capital Projects; amends chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds; amends the private housing finance law, in relation to housing program bonds and notes; amends chapter 329 of the laws of 1991, amending the state fiance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of bonds; amends the public authorities law, in relation to courthouse improvements and training facilities, metropolitan transportation authority facilities, peace bridge projects and issuance of bonds by the dormitory authority; amends chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to issuance of bonds by the urban development corporation; amends the New York state urban development corporation act, in relation to projects for retention of professional football in western New York; amends the public authorities law, in relation to the cleaner, greener communities program; amends the state finance law, in relation to establishing the sales tax revenue bond tax fund and providing for the deposit of revenues therefrom, establishing the sales tax revenue bond financing program; amends the tax law, in relation to deposit and disposition of revenue; amends the state finance law, in relation to establishing the New York state storm recovery capital fund; amends the New York state urban development corporation act, in relation to authorizing the urban development corporation to issue bonds to fund project costs for the implementation of a NY-CUNY challenge grant program; amends chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof; amends the public authorities law, in relation to dormitories at certain educational institutions other than state operated institutions and statutory or contract colleges under the jurisdiction of the state university of New York; amends chapter 81 of the laws of 2002, providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to increasing the aggregate amount of bonds to be issued by the New York state urban development corporation; amends the public authorities law, in relation to financing of New York works transportation capital projects; provides for the repeal of certain provisions upon expiration thereof (Part HH).

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

    S. 2607--A                                            A. 3007--A

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

                            January 22, 2013
                               ___________

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

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  in  relation  to school district eligibility for an increase in
  apportionment of  school  aid  and  implementation  of  standards  for
  conducting annual professional performance reviews to determine teach-
  er  and  principal  effectiveness;  to  amend  the  education  law, in
  relation to contracts for excellence, expenses for computer equipment,
  accountability of school districts, the financing of charter  schools,
  apportionment of school aid, calculation of the gap elimination resto-
  ration  amount,  establishment  of  a  community  schools and extended
  learning time grant program, duties of school districts and the  costs
  of  certain  tuition  maintenance and transportation; to amend chapter
  756 of the laws of 1992 relating to funding a program for  work  force
  education conducted by the consortium for worker education in New York
  city,  in relation to apportionment and reimbursement; and in relation
  to extending the expiration of certain provisions;  to  amend  chapter
  169  of the laws of 1994 relating to certain provisions related to the
  1994-95 state operations, aid to localities, capital projects and debt
  service budgets; to amend chapter 82 of the laws of 1995, amending the
  education law and certain other laws relating to state aid  to  school
  districts  and  the  appropriation of funds for the support of govern-
  ment; to amend chapter 147 of the laws of 2001 amending the  education
  law  relating  to  conditional appointment of school district, charter
  school or BOCES employees; to amend chapter 425 of the  laws  of  2002
  amending  the  education law relating to the provision of supplemental
  educational services, attendance at  a  safe  public  school  and  the
  suspension  of pupils who bring a firearm to or possess a firearm at a
  school, to amend chapter 101 of the laws of 2003 amending  the  educa-
  tion law relating to implementation of the No Child Left Behind Act of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12572-03-3

S. 2607--A                          2                         A. 3007--A

  2001, in relation to extending the expiration of certain provisions of
  such  chapters;  to amend chapter 472 of the laws of 1998 amending the
  education law  relating  to  the  lease  of  school  buses  by  school
  districts, in relation to extending the provisions of such chapter; in
  relation  to school bus driver training; in relation to the support of
  public  libraries;  to  provide  special  apportionment   for   salary
  expenses;   to   provide  special  apportionment  for  public  pension
  expenses; in relation to suballocation of certain education department
  accruals; in relation to purchases by  the  city  school  district  of
  Rochester; and providing for the repeal of certain provisions relating
  to  the  suballocation  of certain education department accruals (Part
  A); to amend the education law and  the  public  authorities  law,  in
  relation  to  the  acquisition,  design, construction, reconstruction,
  rehabilitation, improvement and financing of dormitory facilities  for
  the  state university of New York (Part B); to amend chapter 57 of the
  laws of 2005 amending the labor law and other  laws  implementing  the
  state fiscal plan for the 2005-2006 state fiscal year, relating to the
  New  York  state  higher  education capital matching grant program for
  independent colleges, in relation to the New York state higher  educa-
  tion  matching  grant  program for independent colleges and the effec-
  tiveness thereof (Part C); to amend the education law, in relation  to
  establishing  the Next Generation NY Job Linkage Program Act (Part D);
  to amend the social services law, in relation to increasing the stand-
  ards of monthly need for aged, blind and disabled  persons  living  in
  the  community  (Part E); to amend the private housing finance law, in
  relation to the homeless housing and assistance program; and to repeal
  certain provisions of the social services law relating  thereto  (Part
  F);  to  amend  the  executive  law  and  the  social services law, in
  relation  to  consolidating  the  youth  development  and  delinquency
  prevention program and the special delinquency prevention program; and
  to  repeal  certain  provisions  of the executive law relating thereto
  (Part G); to amend the executive law, the family court  act,  and  the
  social  services  law, in relation to juvenile justice reforms; and to
  repeal certain provisions of the executive law and  the  family  court
  act  relating  thereto  (Subpart  A);  to  amend the executive law, in
  relation to allowing the department of civil service, in  consultation
  with  the  commissioner of the office of children and family services,
  to prescribe qualifications of facility director positions (Subpart B)
  (Part H); to amend the executive law, the public health  law  and  the
  social  services  law,  in relation to the merger of the office of the
  welfare inspector general with the office of  the  inspector  general;
  and to repeal certain provisions of the executive law relating thereto
  (Part I); to amend the real property tax law, in relation to providing
  for the registration of recipients of STAR exemptions, and eliminating
  waste,  fraud  and  abuse  in  the STAR program (Part J); to amend the
  private housing finance law, in relation to the community preservation
  program; and to repeal articles 16 and 17 of such law relating thereto
  (Part K); to amend the public authorities law and the private  housing
  finance  law,  in relation to modernizing the investment powers of the
  state of New York mortgage agency  and  the  New  York  state  housing
  finance agency; and to repeal certain provisions of the public author-
  ities  law  and the private housing finance law relating thereto (Part
  L); to utilize reserves in the project pool insurance account  of  the
  mortgage  insurance  fund  for  various  housing purposes (Part M); to
  amend the labor law, in relation to the powers of the commissioner  of
  labor  and  to  repeal  subdivision  17 of section 100 of the economic

S. 2607--A                          3                         A. 3007--A

  development law relating to the operation of  the  state  data  center
  (Part  N); to amend the labor law, in relation to increasing unemploy-
  ment insurance benefits and contributions, to entitlement  and  eligi-
  bility  criteria,  to work search requirements, to relieving employers
  of charges for separations caused by misconduct and voluntarily  leav-
  ing  employment  without good cause, to reduction of benefits based on
  pensions and dismissal pay, to  enhanced  penalties,  in  relation  to
  fraudulently  obtained  benefits  and  new penalties for employers who
  cause overpayments by failing to  timely  and  accurately  respond  to
  information  about  claims,  to approving employer shared work benefit
  plans, and to the interest assessment surcharge; and to amend  chapter
  62  of the laws of 2003, amending the state finance law and other laws
  relating to authorizing and directing the state  comptroller  to  loan
  money  to certain funds and accounts, in relation to the effectiveness
  thereof; to repeal certain provisions of the labor law relating there-
  to; and providing for the repeal of certain provisions upon expiration
  thereof (Part O); to amend the labor law, in relation to  the  minimum
  wage  and  making  technical corrections relating thereto (Part P); to
  amend the civil service law, in relation to the  expiration  of  para-
  graph  d of subdivision 4 of section 209 of such law and the authority
  of certain public arbitration panels thereunder (Part Q); and to amend
  the racing, pari-mutuel wagering and breeding law, in relation to  the
  placement of casino gambling facilities and to amend the state finance
  law, in relation to establishing the casino revenue fund (Part R)

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2013-2014
state  fiscal  year.  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 a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1.  1. As used in this section:
  a. "APPR past non-compliance penalty" shall mean the sum of the annual
increases in apportionments withheld pursuant to section 1 of part A  of
chapter 57 of the laws of 2012 and subdivision 2 of this section for the
base year and each prior school year;
  b.  "base  year" shall mean the base year as defined in paragraph b of
subdivision 1 of section 3602 of the education law; and
  c. "current year" shall mean the current year as defined in  paragraph
a of subdivision 1 of section 3602 of the education law.
  2.  Notwithstanding  any  inconsistent  provision  of  law,  no school
district shall be eligible for an apportionment of general  support  for
public  schools  from the funds appropriated for the 2013-14 school year
and thereafter in excess  of  the  amount  apportioned  to  such  school

S. 2607--A                          4                         A. 3007--A

district  in  the  base  year  unless such school district has submitted
documentation that has been approved by the commissioner of education by
September 1 of the current year, demonstrating that it has fully  imple-
mented  the  standards and procedures for conducting annual professional
performance reviews of classroom teachers  and  building  principals  in
accordance  with the requirements of section 3012-c of the education law
and the commissioner of education's regulations.
  3. For the 2013-14 school year and  thereafter  the  apportionment  of
general  support  for public schools from the funds appropriated for the
2013-14 school year and thereafter shall be reduced  by  the  APPR  past
non-compliance  penalty. Such reduction shall not occur prior to April 1
of the current year.
  4. If any payments of ineligible amounts pursuant  to  subdivisions  2
and 3 of this section were made, and the school district has not submit-
ted  documentation  that has been approved by the commissioner of educa-
tion by September 1 of the current school year demonstrating that it has
fully implemented the standards and  procedures  for  conducting  annual
professional  performance  reviews  of  classroom  teachers and building
principals in accordance with the requirements of section 3012-c of  the
education  law and the regulations of the commissioner of education, the
total amount of such payments shall be deducted by the  commissioner  of
education  from future payments to the school district; provided further
that, if the amount of the deduction is greater  than  the  sum  of  the
amounts available for such deductions in the applicable school year, the
remainder  of the deduction shall be withheld from payments scheduled to
be made to the school district pursuant to section 3609-a of the  educa-
tion law for the subsequent school year.
  S  2.  Paragraph  e of subdivision 1 of section 211-d of the education
law, as amended by section 2 of part A of chapter  57  of  the  laws  of
2012, is amended to read as follows:
  e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
district that submitted a contract for excellence for the  two  thousand
eight--two  thousand nine school year shall submit a contract for excel-
lence for the  two  thousand  nine--two  thousand  ten  school  year  in
conformity  with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the  district  are
identified  as  in  good  standing  and  provided further that, a school
district that submitted a contract for excellence for the  two  thousand
nine--two  thousand  ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract  for  excel-
lence for the two thousand eleven--two thousand twelve school year which
shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the  expenditure
of  an  amount  which  shall  be not less than the product of the amount
approved by the commissioner in the contract for excellence for the  two
thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
district's gap elimination adjustment percentage  and  provided  further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in  the  district  are  identified  as  in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand  thir-
teen  school  year  which  shall,  notwithstanding  the  requirements of
subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
provide  for  the  expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract  for  excellence
for  the  two  thousand  eleven--two  thousand  twelve  school  year AND

S. 2607--A                          5                         A. 3007--A

PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A  CONTRACT  FOR
EXCELLENCE  FOR  THE  TWO  THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR, UNLESS ALL SCHOOLS IN THE  DISTRICT  ARE  IDENTIFIED  AS  IN  GOOD
STANDING,  SHALL  SUBMIT  A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING
THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION  TWO
OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE
NOT  LESS  THAN  THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT
FOR EXCELLENCE FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR.  For purposes of this paragraph, the "gap  elimination  adjustment
percentage"  shall be calculated as the sum of one minus the quotient of
the sum of the school district's net gap elimination adjustment for  two
thousand  ten--two  thousand  eleven computed pursuant to chapter fifty-
three of the laws of two thousand ten,  making  appropriations  for  the
support  of  government,  plus  the  school  district's  gap elimination
adjustment for two thousand  eleven--two  thousand  twelve  as  computed
pursuant  to  chapter  fifty-three  of  the laws of two thousand eleven,
making appropriations for the support of the  local  assistance  budget,
including support for general support for public schools, divided by the
total aid for adjustment computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the local assist-
ance  budget,  including support for general support for public schools.
Provided, further, that such amount shall be  expended  to  support  and
maintain  allowable programs and activities approved in the two thousand
nine--two thousand ten school year or to support new or expanded  allow-
able programs and activities in the current year.
  S  3. Subdivision 1 of section 753 of the education law, as amended by
section 4 of part A-1 of chapter 58 of the laws of 2011, is  amended  to
read as follows:
  1. In addition to any other apportionment under this chapter, a school
district  shall be eligible for an apportionment under the provisions of
this section for approved expenses for (i)  the  purchase  or  lease  of
micro  and/or  mini  computer  equipment  or terminals for instructional
purposes or (ii) technology equipment, as  defined  in  paragraph  c  of
subdivision  two  of  this  section, used for instructional purposes, or
(iii) for the repair of such equipment and training and  staff  develop-
ment  for  instructional  purposes  as provided hereinafter, or (iv) for
expenses incurred on or after July first, two thousand eleven, any items
of expenditure that  are  eligible  for  an  apportionment  pursuant  to
sections  seven  hundred  one, seven hundred eleven and/or seven hundred
fifty-one of this title, where such items are designated by  the  school
district  as eligible for aid pursuant to this section, provided, howev-
er, that if aided pursuant to this section, such expenses shall  not  be
aidable pursuant to any other section of law. Such aid shall be provided
pursuant  to  a plan developed by the district which demonstrates to the
satisfaction of the commissioner that the instructional  computer  hard-
ware needs of the district's public school students have been adequately
met  and  that the school district has provided for the loan of instruc-
tional computer hardware to students legally attending nonpublic schools
pursuant to section seven hundred  fifty-four  of  this  article.    The
apportionment  shall  equal  the  lesser of such approved expense in the
base year or, the product of (i) the technology factor, (ii) the sum  of
the  public  school district enrollment and the nonpublic school enroll-
ment in the base year as defined in subparagraphs two and three of para-
graph n of subdivision one of section thirty-six  hundred  two  of  this
chapter,  and  (iii)  the  building aid ratio, as defined in subdivision

S. 2607--A                          6                         A. 3007--A

four of section thirty-six hundred two of this  chapter.    AID  PAYABLE
PURSUANT TO THIS SECTION SHALL BE DEEMED FINAL AND NOT SUBJECT TO CHANGE
AFTER  APRIL THIRTIETH OF THE SCHOOL YEAR FOR WHICH PAYMENT WAS DUE. For
aid  payable  in  the two thousand seven--two thousand eight school year
and thereafter, the technology factor shall be twenty-four  dollars  and
twenty  cents.  A  school  district  may use up to twenty percent of the
product of (i) the technology factor, (ii) the sum of the public  school
district enrollment and the nonpublic school enrollment in the base year
as  defined in subparagraphs two and three of paragraph n of subdivision
one of section thirty-six hundred two of this  chapter,  and  (iii)  the
building aid ratio for the repair of instructional computer hardware and
technology  equipment  and  training  and staff development for instruc-
tional purposes pursuant to a plan submitted to the commissioner.
  S 4. Subdivision 2 of section 2116-b of the education law, as added by
chapter 263 of the laws of 2005, is amended to read as follows:
  2. School districts of less than eight teachers, school districts with
actual general fund expenditures totaling less than five million dollars
in the previous school year, or school districts with actual  enrollment
of  less  than  [three  hundred]  ONE  THOUSAND students in the previous
school year shall be exempt from this requirement. Any  school  district
claiming  such exemption shall annually certify to the commissioner that
such school district meets the requirements set forth in  this  subdivi-
sion.
  S  5.  Paragraph (a) of subdivision 1 of section 2856 of the education
law, as amended by section 21 of part A of chapter 58  of  the  laws  of
2011, is amended to read as follows:
  (a)  The  enrollment  of  students  attending charter schools shall be
included in the enrollment, attendance, membership and,  if  applicable,
count  of students with disabilities of the school district in which the
pupil resides. The charter school shall report  all  such  data  to  the
school  districts  of residence in a timely manner. Each school district
shall report such enrollment, attendance  and  count  of  students  with
disabilities  to  the department. The school district of residence shall
pay directly to the charter school for  each  student  enrolled  in  the
charter  school  who  resides  in the school district the charter school
basic tuition, which shall be:
  (i) for school years prior to the two thousand nine--two thousand  ten
school year and for school years following the [two thousand twelve--two
thousand  thirteen]  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school
year, an amount equal to one hundred percent of  the  amount  calculated
pursuant to paragraph f of subdivision one of section thirty-six hundred
two  of  this  chapter for the school district for the year prior to the
base year increased by the percentage change in the state total approved
operating expense calculated pursuant to paragraph t of subdivision  one
of  section  thirty-six hundred two of this chapter from two years prior
to the base year to the base year;
  (ii) for the two thousand nine--two  thousand  ten  school  year,  the
charter  school  basic  tuition  shall  be  the  amount  payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii) for the two thousand ten--two thousand eleven through [two thou-
sand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO  THOUSAND
FOURTEEN  school  years,  the  charter school basic tuition shall be the
basic tuition computed for the two  thousand  ten--two  thousand  eleven
school year pursuant to the provisions of subparagraph (i) of this para-
graph.

S. 2607--A                          7                         A. 3007--A

  S  6.  Paragraph (a) of subdivision 1 of section 2856 of the education
law, as amended by section 22 of part A of chapter 58  of  the  laws  of
2011, is amended to read as follows:
  (a)  The  enrollment  of  students  attending charter schools shall be
included in the enrollment, attendance  and,  if  applicable,  count  of
students  with  disabilities  of  the school district in which the pupil
resides. The charter school shall report all such  data  to  the  school
districts  of  residence  in a timely manner. Each school district shall
report such enrollment, attendance and count of students with  disabili-
ties  to  the  department.  The  school  district of residence shall pay
directly to the charter school for each student enrolled in the  charter
school  who  resides  in  the  school  district the charter school basic
tuition which shall be:
  (i) for school years prior to the two thousand nine--two thousand  ten
school year and for school years following the [two thousand twelve--two
thousand  thirteen]  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school
year, an amount equal to one hundred percent of  the  amount  calculated
pursuant to paragraph f of subdivision one of section thirty-six hundred
two  of  this  chapter for the school district for the year prior to the
base year increased by the percentage change in the state total approved
operating expense calculated pursuant to paragraph t of subdivision  one
of  section  thirty-six hundred two of this chapter from two years prior
to the base year to the base year;
  (ii) for the two thousand nine--two  thousand  ten  school  year,  the
charter  school  basic  tuition  shall  be  the  amount  payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii) for the two thousand ten--two thousand eleven through [two thou-
sand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO  THOUSAND
FOURTEEN  school  years,  the  charter school basic tuition shall be the
basic tuition computed for the two  thousand  ten--two  thousand  eleven
school year pursuant to the provisions of subparagraph (i) of this para-
graph.
  S 7. Intentionally omitted.
  S  8.  The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 27 of part A of chapter 58  of  the
laws of 2011, is amended to read as follows:
  For the two thousand eight--two thousand nine school year, each school
district  shall  be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment  computed  pursuant  to
this  subdivision  for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten through  two  thousand
[twelve]  FOURTEEN--two  thousand  [thirteen] FIFTEEN school years, each
school district shall be entitled  to  an  apportionment  equal  to  the
amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
computer  listing  produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten  school  year  and  entitled
"SA0910".
  S 9. Subdivision 9 of section 3602 of the education law, as amended by
section  16  of  part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  9. Aid for conversion to full day kindergarten. School  districts  may
make  available  full day kindergarten programs for all children wishing
to attend such programs[,].  For aid payable in the two thousand  seven-
-two  thousand  eight school year and thereafter, school districts which

S. 2607--A                          8                         A. 3007--A

provided any half-day  kindergarten  programs  or  had  no  kindergarten
programs  in  the  nineteen hundred ninety-six--ninety-seven school year
and in the base year, AND  WHICH  HAVE  NOT  RECEIVED  AN  APPORTIONMENT
PURSUANT  TO  THIS PARAGRAPH IN ANY PRIOR SCHOOL YEAR, shall be eligible
for aid equal to the product of the district's selected  foundation  aid
calculated  pursuant  to  subdivision four of this section multiplied by
the positive difference resulting when the full day kindergarten enroll-
ment of children attending programs in the district in the base year  is
subtracted from such enrollment in the current year.
  S  10. Subdivision 12 of section 3602 of the education law, as amended
by section 35 of part A of chapter 58 of the laws of 2011, is amended to
read as follows:
  12. Academic enhancement aid. A school district that as of April first
of the base year has been continuously identified as a district in  need
of  improvement  for  at  least  five  years shall, for the two thousand
eight--two thousand nine school  year,  be  entitled  to  an  additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of  fifteen  million  dollars or the product of the total foundation aid
base, as defined by paragraph j of  subdivision  one  of  this  section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the  sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six  hundred
forty-one of this article, less (ii) the total foundation aid base.
  For  the  two  thousand  nine--two  thousand  ten through two thousand
[twelve] FOURTEEN--two thousand [thirteen] FIFTEEN  school  years,  each
school  district  shall  be  entitled  to  an apportionment equal to the
amount set forth for such school district as "EDUCATION GRANTS, ACADEMIC
EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid comput-
er listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and  entitled  "SA0910",
and  such  apportionment shall be deemed to satisfy the state obligation
to provide an apportionment pursuant to  subdivision  eight  of  section
thirty-six hundred forty-one of this article.
  S  11. Subdivision 16 of section 3602 of the education law, as amended
by section 18 of part B of chapter 57 of the laws of 2008,  the  opening
paragraph  as  amended by section 36 of part A of chapter 58 of the laws
of 2011, subparagraph 1 of paragraph a as further amended by  section  1
of  part  W  of  chapter  56  of the laws of 2010, is amended to read as
follows:
  16. High tax aid.  Each school district shall be eligible to receive a
high tax aid apportionment in the  two  thousand  [eight]  THIRTEEN--two
thousand  [nine]  FOURTEEN school year, which shall equal the greater of
(i) the sum of the tier 1 high tax aid apportionment[,] AND the  tier  2
high  tax  aid apportionment [and the tier 3 high tax aid apportionment]
or (ii) the  product  of  the  [apportionment  received  by  the  school
district  pursuant  to  this  subdivision in the two thousand seven--two
thousand eight school year,] AMOUNT SET FORTH FOR SUCH  SCHOOL  DISTRICT
AS  "HIGH  TAX  AID"  UNDER  THE HEADING "2012-13 ESTIMATED AIDS" IN THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT  OF
THE  BUDGET  FOR  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR AND ENTITLED "SA121-3" multiplied by the due-minimum factor,  which
shall equal, for districts with an alternate pupil wealth ratio computed
pursuant  to  paragraph  b  of subdivision three of this section that is
less than [two] ONE, [seventy] FIFTY percent [(0.70)]  (0.50),  and  for
all  other  districts,  [fifty]  THIRTY percent [(0.50)] (0.30).   [Each

S. 2607--A                          9                         A. 3007--A

school district shall be eligible to receive a high tax  aid  apportion-
ment  in  the  two  thousand nine--two thousand ten through two thousand
twelve--two thousand thirteen school years in the amount set  forth  for
such  school  district as "HIGH TAX AID" under the heading "2008-09 BASE
YEAR AIDS" in the school aid computer listing produced  by  the  commis-
sioner  in support of the budget for the two thousand nine--two thousand
ten school year and entitled "SA0910".]
  IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND  FIFTEEN  SCHOOL  YEAR  AND
THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A HIGH TAX
AID  APPORTIONMENT  IN  THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
"HIGH TAX AID" UNDER THE HEADING "2013-14 ESTIMATED AIDS" IN THE  SCHOOL
AID  COMPUTER  LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE
EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE  TWO  THOUSAND  THIRTEEN--TWO
THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "BT131-4".
  a.  Definitions.  (1)  "Residential real property tax levy" shall mean
the school tax levy imposed on residential property, including condomin-
ium properties, in the year commencing in the calendar  year  two  years
prior  to  the  calendar  year  in  which the base year began. The final
update of such data shall be reported by the  commissioner  of  taxation
and  finance to the commissioner by February fifteenth of the base year.
The commissioner of taxation and  finance  shall  adopt  regulations  as
appropriate  to  assure  the  appropriate collection, classification and
reporting of such data for the purposes  of  paying  state  aid  to  the
schools.
  (2)  "Adjusted gross income" shall mean the adjusted gross income of a
school district as used in computation of the district's alternate pupil
wealth ratio pursuant to  paragraph  b  of  subdivision  three  of  this
section,  provided,  however, that for the computation of apportionments
pursuant to this subdivision, the adjusted gross  income  of  a  central
high  school  district  shall  not  equal  the sum of the adjusted gross
income of each of its component school districts.
  (3) "Tax effort ratio" shall mean the quotient of the district's resi-
dential real property tax levy divided by the district's adjusted  gross
income computed to five decimals without rounding.
  (4)  "Tier  1 eligible school district" shall mean any school district
in which (i) the income wealth index, as computed pursuant to  paragraph
d  of subdivision three of this section, is less than [two and one-half]
NINE HUNDRED AND FIFTY-FIVE THOUSANDTHS (.955), and (ii) the expense per
pupil, as computed pursuant to paragraph f of subdivision  one  of  this
section,  is  greater than NINETY-FIVE AND FIVE-TENTHS PERCENT (.955) OF
the statewide average expense per pupil as computed pursuant to subdivi-
sion five of this section, and (iii) the tax  effort  ratio  is  greater
than [three and two-tenths percent (0.032)] FOUR AND FIVE-TENTHS PERCENT
(.045).    For  the [two thousand eight--two thousand nine] TWO THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN school year, for the purpose of  comput-
ing  aid pursuant to this subdivision, the statewide average expense per
pupil shall be [ten thousand six hundred fifty dollars] TWELVE  THOUSAND
FIVE HUNDRED DOLLARS.
  (5)  "Tier  2 eligible school district" shall mean any school district
in which the tax effort ratio  is  greater  than  five  AND  FIVE-TENTHS
percent (.055).
  [(6)  "Tier 3 eligible school district" shall mean any school district
in which (i) the quotient of (a) the  actual  valuation  of  the  school
district  divided  by  its total wealth pupil units computed pursuant to
subparagraph one of paragraph a of subdivision three  of  this  section,
divided by (b) the adjusted gross income of a school district divided by

S. 2607--A                         10                         A. 3007--A

its  total  wealth  pupil units computed pursuant to subparagraph one of
paragraph b of subdivision three of this section, is greater  than  four
and sixty-two hundredths (4.62), (ii) the combined wealth ratio computed
pursuant to subparagraph one of paragraph c of subdivision three of this
section  is  less than six, and (iii) the regional cost index determined
pursuant to subparagraph two of paragraph a of subdivision four of  this
section is greater than one and three-tenths (1.3).]
  b.  Tier  1 high tax aid apportionment. For any tier 1 eligible school
district, the tier 1 high tax aid apportionment shall be [the greater of
(1)] the product  of  the  public  school  district  enrollment  of  the
district  in  the base year, as computed pursuant to subparagraph two of
paragraph n of subdivision one of this section, multiplied by the  prod-
uct of four hundred [fifty] SEVENTY-FIVE dollars multiplied by the state
sharing  ratio[,  or (2) one hundred thousand dollars] COMPUTED PURSUANT
TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION.
  c. Tier 2 high tax aid apportionment. For any tier 2  eligible  school
district,  the tier 2 high tax aid apportionment shall be the product of
(i) the public school district enrollment of the district  in  the  base
year,  as computed pursuant to subparagraph two of paragraph n of subdi-
vision one of this section, multiplied by (ii) one hundred  [eighty-one]
NINETY-FIVE  thousandths [(0.181)] (0.195) multiplied by (iii) the posi-
tive difference, if any, of the expense per pupil, as computed  pursuant
to  paragraph  f  of subdivision one of this section, less [ten thousand
six hundred sixty] THIRTEEN THOUSAND ONE  HUNDRED  TWENTY-FIVE  dollars,
multiplied  by  (iv)  an  aid ratio computed by subtracting from one AND
THIRTY-SEVEN HUNDREDTHS (1.37) the product obtained by  multiplying  the
alternate  pupil  wealth  ratio computed pursuant to subparagraph one of
paragraph b of subdivision three of this section by [sixty percent]  ONE
AND  TWENTY-THREE  HUNDREDTHS  (1.23),  provided, however, that such aid
ratio shall not be less than zero nor greater than  one,  multiplied  by
(v)  the  regional  cost  index COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF
PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION.
  [d. Tier 3 high tax aid apportionment. For any tier 3 eligible  school
district,  the tier 3 high tax aid apportionment shall be the product of
(i) the public school district enrollment of the district  in  the  base
year,  as computed pursuant to subparagraph two of paragraph n of subdi-
vision one of this section, multiplied by (ii) fifty-two dollars, multi-
plied by (iii) the regional cost index.]
  S 12. Paragraph (e) of subdivision 17 of section 3602 of the education
law, as added by section 6 of part A of chapter 57 of the laws of  2012,
is amended and a new paragraph f is added to read as follows:
  [(e)] E. The gap elimination adjustment restoration amount for the two
thousand  thirteen--two  thousand  fourteen  school  year and thereafter
[shall equal the product of the  gap  elimination  percentage  for  such
district  and  the  gap  elimination  adjustment  restoration allocation
established pursuant to subdivision eighteen of this section]  SHALL  BE
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST SUBMITTED FOR THE  2013-14  STATE  FISCAL  YEAR  AND
ENTITLED "BT131-4" AND SHALL EQUAL THE SUM OF (I) THE GREATER OF:
  (A)  THE  PRODUCT  OF (1) THE PRODUCT OF THE EXTRAORDINARY NEEDS INDEX
MULTIPLIED BY TWO HUNDRED TEN DOLLARS AND TWENTY CENTS COMPUTED  TO  TWO
DECIMAL  PLACES  WITHOUT  ROUNDING,  MULTIPLIED BY (2) THE STATE SHARING
RATIO COMPUTED PURSUANT TO PARAGRAPH G  OF  SUBDIVISION  THREE  OF  THIS
SECTION  MULTIPLIED BY (3) THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE
BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO  OF  PARAGRAPH  N  OF

S. 2607--A                         11                         A. 3007--A

SUBDIVISION  ONE  OF  THIS  SECTION, WHERE THE EXTRAORDINARY NEEDS INDEX
SHALL BE THE  QUOTIENT  OF  THE  EXTRAORDINARY  NEEDS  PERCENT  FOR  THE
DISTRICT  COMPUTED  PURSUANT  TO  PARAGRAPH W OF SUBDIVISION ONE OF THIS
SECTION DIVIDED BY FIVE HUNDRED THIRTY-FOUR ONE-THOUSANDTHS (.534); OR
  (B)  THE  PRODUCT OF FORTY PERCENT (0.40) MULTIPLIED BY THE GAP ELIMI-
NATION ADJUSTMENT RESTORATION FOR THE TWO THOUSAND TWELVE--TWO  THOUSAND
THIRTEEN  SCHOOL  YEAR COMPUTED PURSUANT TO PARAGRAPH D OF THIS SUBDIVI-
SION AND (II) THE PRODUCT OF (1) THE POSITIVE DIFFERENCE, IF ANY, OF ONE
AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MINUS THE PRODUCT OF THE COMBINED
WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE  OF  PARAGRAPH  C  OF
SUBDIVISION  THREE  OF  THIS  SECTION MULTIPLIED BY ONE AND TWENTY-THREE
HUNDREDTHS (1.23), MULTIPLIED BY (2) THE PUBLIC SCHOOL DISTRICT  ENROLL-
MENT FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARA-
GRAPH  N  OF  SUBDIVISION  ONE  OF THIS SECTION, MULTIPLIED BY (3) FIFTY
DOLLARS; BUT SHALL BE NO GREATER  THAN  THE  PRODUCT  OF  FORTY-ONE  AND
FIVE-TENTHS  PERCENT  (0.415) AND THE GAP ELIMINATION ADJUSTMENT FOR THE
TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR FOR THE DISTRICT.
  F. THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOU-
SAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL  YEAR  AND  THEREAFTER  SHALL
EQUAL  THE  PRODUCT  OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT
AND THE GAP ELIMINATION ADJUSTMENT  RESTORATION  ALLOCATION  ESTABLISHED
PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
  S  13.  Paragraph  a of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended  to  read
as follows:
  a. State aid adjustments. All errors or omissions in the apportionment
shall  be  corrected by the commissioner. Whenever a school district has
been apportioned less money than that  to  which  it  is  entitled,  the
commissioner may allot to such district the balance to which it is enti-
tled.  Whenever  a  school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order,  direct
such  moneys  to be paid back to the state to be credited to the general
fund local assistance account for state  aid  to  the  schools,  or  may
deduct  such  amount  from  the  next  apportionment  to be made to said
district, provided, however, that, upon notification of excess  payments
of  aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that  such  excess
payments  be  recovered  by  deducting  such  excess  payments  from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that  there  shall  be  no
interest  penalty  assessed  against  such  district or collected by the
state. Such request shall be made to the commissioner in  such  form  as
the  commissioner  shall  prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund  expenditures  for  the  preceding  school
year.  The  amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is  recognized
as  a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's  unreserved
fund  balance at the close of the preceding school year less the product
of the district's total general  fund  expenditures  for  the  preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments.  The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to  be  recovered
or  one-third  of such excess payments, and the remaining amount of such

S. 2607--A                         12                         A. 3007--A

excess payments shall be recovered in the third year.  Provided  further
that,  notwithstanding  any  other  provisions  of this subdivision, any
pending payment of moneys due to such district as a prior  year  adjust-
ment  payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess  of
the  amount  to which the district is entitled and for which recovery of
excess payments is to be made  pursuant  to  this  paragraph,  shall  be
reduced  at  the  time  of  actual  payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled  deductions
of  such  excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered.  [The  commissioner
shall certify no payment to a school district based on a claim submitted
later  than three years after the close of the school year in which such
payment was first to be made.  For claims for which payment is first  to
be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based  on
a  claim  submitted  later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND  FOURTEEN-
-TWO  THOUSAND  FIFTEEN  school  year [and thereafter], the commissioner
shall certify no payment to a school district based on a claim submitted
later than one year after the close of such school year. FOR CLAIMS  FOR
WHICH  PAYMENT  IS  FIRST  TO  BE MADE IN THE TWO THOUSAND FOURTEEN--TWO
THOUSAND FIFTEEN SCHOOL YEAR  AND  THEREAFTER,  THE  COMMISSIONER  SHALL
CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER
THAN  THE  FIRST  OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no
payments shall be barred or reduced where such payment is required as  a
result  of  a  final  audit  of the state. [It is further provided that,
until June thirtieth, nineteen hundred ninety-six, the commissioner  may
grant  a  waiver  from  the  provisions  of  this section for any school
district if it is in the best  educational  interests  of  the  district
pursuant to guidelines developed by the commissioner and approved by the
director  of  the  budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN  HUNDRED  ELEVEN,
SEVEN  HUNDRED  FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, THIRTY-SIX HUNDRED
TWO, THIRTY-SIX HUNDRED  TWO-B,  THIRTY-SIX  HUNDRED  TWO-C,  THIRTY-SIX
HUNDRED TWO-E, THIRTY-SIX HUNDRED TWELVE, AND FORTY-FOUR HUNDRED FIVE OF
THIS  CHAPTER  FOR  THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND
PRIOR SCHOOL YEARS, THE COMMISSIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A
SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE  TWO
THOUSAND  THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED
"BT131-4", AND FURTHER PROVIDED THAT  FOR  ANY  APPORTIONMENTS  PROVIDED
PURSUANT  TO  SECTIONS  SEVEN  HUNDRED  ONE, SEVEN HUNDRED ELEVEN, SEVEN
HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE,  THIRTY-SIX  HUNDRED  TWO,
THIRTY-SIX  HUNDRED  TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED
TWO-E, THIRTY-SIX HUNDRED TWELVE, AND FORTY-FOUR HUNDRED  FIVE  OF  THIS
CHAPTER  FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR
AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT  TO  A  SCHOOL
DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN,
THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART,  IN
EXCESS  OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO
PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER  IN

S. 2607--A                         13                         A. 3007--A

SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL
YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
  S 14. The opening paragraph of section 3609-a of the education law, as
amended  by  section  9  of part A of chapter 57 of the laws of 2012, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year  [and  thereafter]  THROUGH  THE  TWO THOUSAND TWELVE--TWO THOUSAND
THIRTEEN SCHOOL YEAR, "moneys apportioned" shall mean the lesser of  (i)
the  sum  of  one hundred percent of the respective amount set forth for
each school district as payable pursuant to this section in  the  school
aid  computer  listing for the current year produced by the commissioner
in support of the budget which includes the appropriation for the gener-
al support for public schools for the prescribed payments  and  individ-
ualized  payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to  subdi-
vision  six-a  and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions  to  current  year  aids  pursuant  to
subdivision seven of section thirty-six hundred four of this part or any
deduction  from  apportionment  payable  pursuant  to  this  chapter for
collection of a school district basic contribution as defined in  subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants  provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law,  less  any
grants  provided  pursuant  to  subdivision twelve of section thirty-six
hundred forty-one of this article, or (ii) the apportionment  calculated
by  the  commissioner  based  on data on file at the time the payment is
processed; provided however, that for the purposes of any payments  made
pursuant  to this section prior to the first business day of June of the
current year, moneys apportioned shall  not  include  any  aids  payable
pursuant  to  subdivisions  six  and fourteen, if applicable, of section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or any aids payable for  full-day  kindergarten  for  the  current  year
pursuant  to  subdivision nine of section thirty-six hundred two of this
part. The definitions of "base year" and "current year" as set forth  in
subdivision  one  of  section  thirty-six hundred two of this part shall
apply to this section. For aid payable in the two  thousand  twelve--two
thousand  thirteen  school  year, reference to such "school aid computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA121-3".    FOR AID PAYABLE IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE
LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE  RESPECTIVE  AMOUNT
SET  FORTH  FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION
IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY  THE
COMMISSIONER  IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES
THE APPROPRIATION FOR THE GENERAL SUPPORT FOR  PUBLIC  SCHOOLS  FOR  THE
PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST
FOR  THE  CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT
SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION  THIR-
TY-SIX  HUNDRED  TWO  OF  THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR
AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF
THIS PART OR ANY DEDUCTION FROM THE APPORTIONMENT  PAYABLE  PURSUANT  TO
THIS  CHAPTER  FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS
DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE  OF  THIS
CHAPTER,  LESS  ANY  GRANTS  PROVIDED  PURSUANT TO SUBPARAGRAPH TWO-A OF
PARAGRAPH B OF SUBDIVISION FOUR OF SECTION  NINETY-TWO-C  OF  THE  STATE

S. 2607--A                         14                         A. 3007--A

FINANCE  LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPOR-
TIONMENT CALCULATED BY THE COMMISSIONER BASED ON DATA  ON  FILE  AT  THE
TIME  THE  PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES
OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE  FIRST  BUSI-
NESS  DAY  OF  JUNE  OF  THE  CURRENT YEAR, MONEYS APPORTIONED SHALL NOT
INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND  FOURTEEN,  IF
APPLICABLE,  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT
YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS  FIRST
ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN
FOR  THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART. THE DEFINITIONS OF "BASE  YEAR"  AND  "CURRENT
YEAR"  AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO
OF THIS PART SHALL APPLY TO THIS SECTION.
  S 15. Paragraph b of subdivision 2 of section 3612  of  the  education
law,  as  amended  by  section 10 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any  shortage  of  teachers  in  the
school  district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity  and
geographic  sparsity  of  the  district,  the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section  shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing  any  other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any  recruitment,  retention  and  certification
costs  associated  with transitional certification of teacher candidates
for the school years two thousand one--two  thousand  two  through  [two
thousand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOU-
SAND FOURTEEN.
  S  16.  Section  3641  of the education law is amended by adding a new
subdivision 6-a to read as follows:
  6-A. COMMUNITY SCHOOL GRANTS.  A. WITHIN THE AMOUNT  APPROPRIATED  FOR
SUCH  PURPOSE, SUBJECT TO A PLAN DEVELOPED BY THE STATE COUNCIL ON CHIL-
DREN AND FAMILIES AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE  STATE
COUNCIL ON CHILDREN AND FAMILIES SHALL AWARD COMPETITIVE GRANTS PURSUANT
TO THIS SUBDIVISION TO ELIGIBLE SCHOOL DISTRICTS TO IMPLEMENT, BEGINNING
IN  THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, A PLAN
THAT TARGETS SCHOOL BUILDINGS AS COMMUNITY HUBS TO DELIVER CO-LOCATED OR
SCHOOL-LINKED ACADEMIC,  HEALTH,  NUTRITION,  COUNSELING,  LEGAL  AND/OR
OTHER SERVICES TO STUDENTS AND THEIR FAMILIES IN A MANNER THAT WILL LEAD
TO IMPROVED EDUCATIONAL AND OTHER OUTCOMES.
  (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
  (II)  THE  SCORING  RUBRIC  BY WHICH SUCH PROPOSALS WILL BE EVALUATED,
PROVIDED THAT SUCH GRANTS SHALL BE AWARDED BASED ON  FACTORS  INCLUDING,
BUT  NOT  LIMITED  TO: MEASURES OF SCHOOL DISTRICT NEED; MEASURES OF THE
NEED OF STUDENTS TO BE SERVED BY  EACH  OF  THE  SCHOOL  DISTRICTS;  THE
SCHOOL  DISTRICT'S  PROPOSAL  TO  TARGET  THE  HIGHEST  NEED SCHOOLS AND

S. 2607--A                         15                         A. 3007--A

STUDENTS; THE SUSTAINABILITY OF THE PROPOSED COMMUNITY SCHOOLS  PROGRAM;
AND PROPOSAL QUALITY;
  (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;
  (IV)  THE  MANNER BY WHICH CALCULATION OF THE AMOUNT OF THE AWARD WILL
BE DETERMINED;
  (V) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND
  (VI) THE PERFORMANCE BENCHMARKS  THAT  WILL  TRIGGER  PAYMENT  OF  SET
PERCENTAGES OF THE TOTAL AWARD.
  (2) IN ASSESSING PROPOSAL QUALITY, THE COUNCIL SHALL TAKE INTO ACCOUNT
FACTORS INCLUDING, BUT NOT LIMITED TO:
  (I)  THE  EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL WOULD PROVIDE
SUCH COMMUNITY SERVICES THROUGH PARTNERSHIPS WITH LOCAL GOVERNMENTS  AND
NON-PROFIT ORGANIZATIONS;
  (II)  THE  EXTENT  TO WHICH THE PROPOSAL WOULD PROVIDE FOR DELIVERY OF
SUCH SERVICES DIRECTLY IN SCHOOL BUILDINGS;
  (III) THE EXTENT TO WHICH THE PROPOSAL ARTICULATES HOW  SUCH  SERVICES
WOULD  FACILITATE MEASURABLE IMPROVEMENT IN STUDENT AND FAMILY OUTCOMES;
AND
  (IV) THE EXTENT TO WHICH THE PROPOSAL ARTICULATES AND  IDENTIFIES  HOW
EXISTING  FUNDING  STREAMS  AND  PROGRAMS  WOULD BE USED TO PROVIDE SUCH
COMMUNITY SERVICES.
  B. A RESPONSE TO A REQUEST  FOR  PROPOSALS  ISSUED  PURSUANT  TO  THIS
SUBDIVISION MAY BE SUBMITTED BY A SINGLE SCHOOL DISTRICT OR JOINTLY BY A
CONSORTIUM OF TWO OR MORE SCHOOL DISTRICTS.
  C.  THE  AMOUNT  OF  THE  GRANT AWARD SHALL BE DETERMINED BY THE STATE
COUNCIL ON CHILDREN AND FAMILIES, CONSISTENT  WITH  THE  PLAN  DEVELOPED
PURSUANT  TO  PARAGRAPH  A  OF  THIS  SUBDIVISION, EXCEPT THAT NO SINGLE
DISTRICT MAY BE AWARDED MORE THAN FORTY PERCENT OF THE TOTAL  AMOUNT  OF
GRANT  AWARDS  MADE  PURSUANT  TO THIS SUBDIVISION; AND PROVIDED FURTHER
THAT THE MAXIMUM AWARD TO ANY INDIVIDUAL COMMUNITY SCHOOL SITE SHALL  BE
FIVE  HUNDRED  THOUSAND  DOLLARS;  AND  PROVIDED FURTHER THAT THE AMOUNT
AWARDED WILL BE PAID OUT IN SET PERCENTAGES OVER TIME  UPON  ACHIEVEMENT
OF  THE  PERFORMANCE BENCHMARKS DESCRIBED IN THE PLAN SET FORTH PURSUANT
TO PARAGRAPH A OF THIS SUBDIVISION; AND PROVIDED FURTHER  THAT  NONE  OF
THE  GRANTS AWARDED PURSUANT TO THIS SUBDIVISION MAY BE USED TO SUPPLANT
EXISTING FUNDING.
  D. NOTWITHSTANDING ANY STATE LAW OR REGULATION TO  THE  CONTRARY,  ANY
EXECUTIVE  AGENCY HEAD THAT IS A MEMBER OF THE STATE COUNCIL ON CHILDREN
AND FAMILY SERVICES IS DIRECTED, TO THE EXTENT ALLOWED UNDER FEDERAL LAW
AND REGULATION,  TO  PRIORITIZE  APPLICATIONS  THAT  CO-LOCATE  OR  LINK
PROGRAMMING  RELEVANT  TO  THE PROVISION OF SERVICES IDENTIFIED IN PARA-
GRAPH A OF THIS SUBDIVISION.
  S 17. Section 3641 of the education law is amended  by  adding  a  new
subdivision 6-b to read as follows:
  6-B.  EXTENDED LEARNING GRANTS.  A. WITHIN THE AMOUNT APPROPRIATED FOR
SUCH PURPOSE, SUBJECT TO A PLAN THAT  IS  DEVELOPED  BY  A  THREE-PERSON
PANEL  COMPRISED  OF  THE  COMMISSIONER, AN AGENCY HEAD APPOINTED BY THE
GOVERNOR, AND AN EXPERT IN  EXTENDED  LEARNING  TIME  APPOINTED  BY  THE
GOVERNOR,  AND  THAT  IS  APPROVED  BY  THE  DIRECTOR OF THE BUDGET, THE
COMMISSIONER SHALL AWARD COMPETITIVE PLANNING AND IMPLEMENTATION  GRANTS
PURSUANT  TO  THIS  SUBDIVISION  TO  ELIGIBLE  SCHOOL DISTRICTS THAT PUT
FORWARD A PROPOSAL TO IMPROVE STUDENT OUTCOMES BY ADDING AT LEAST  TWEN-
TY-FIVE  PERCENT  MORE  TIME  TO  THE ACADEMIC CALENDAR BY EXTENDING THE
SCHOOL  DAY,  SCHOOL  YEAR,  OR   SOME   COMBINATION   THEREOF,   EITHER
DISTRICT-WIDE OR IN SELECTED SCHOOL BUILDINGS.
  (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:

S. 2607--A                         16                         A. 3007--A

  (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
  (II)  THE  SCORING  RUBRIC  BY WHICH SUCH PROPOSALS WILL BE EVALUATED,
PROVIDED THAT PRIORITY SHALL BE  GIVEN  TO  APPLICANTS  BASED  UPON  THE
SCHOOL  DISTRICT'S  PROPOSAL TO TARGET THE SCHOOLS AND STUDENTS WITH THE
GREATEST NEED AND UPON PROPOSAL QUALITY;
  (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;
  (IV) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND
  (V) A REQUIREMENT THAT SCHOOL  DISTRICTS  AWARDED  GRANTS  UNDER  THIS
SUBDIVISION  SUBMIT TO AN ANNUAL EVALUATION OF PERFORMANCE AND IMPACT AS
REQUIRED BY THE COMMISSIONER.
  (2) IN ASSESSING PROPOSAL QUALITY IN  ORDER  TO  AWARD  IMPLEMENTATION
GRANT  FUNDING, THE COMMISSIONER SHALL TAKE INTO ACCOUNT FACTORS INCLUD-
ING, BUT NOT LIMITED TO:
  (I) THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL WOULD  MAXIMIZE
THE USE OF THE ADDITIONAL LEARNING TIME THROUGH A COMPREHENSIVE RESTRUC-
TURING OF THE SCHOOL DAY AND/OR YEAR; AND
  (II) HOW THE ADDITIONAL LEARNING TIME WOULD BE UTILIZED, INCLUDING BUT
NOT LIMITED TO ADDITIONAL TIME SPENT ON CORE ACADEMICS.
  B.  A  SCHOOL  DISTRICT'S SCHOOL-WIDE EXTENDED LEARNING IMPLEMENTATION
GRANT AWARD SHALL EQUAL ITS AVERAGE DAILY ATTENDANCE IN THE  SCHOOL-WIDE
EXTENDED  LEARNING  PROGRAM MULTIPLIED BY THE EXPECTED COST PER PUPIL OF
THE ADDITIONAL LEARNING TIME. FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE
EXPECTED  COST PER PUPIL OF THE ADDITIONAL LEARNING TIME SHALL EQUAL THE
GREATER OF FIFTEEN HUNDRED DOLLARS OR (1) THE QUOTIENT OF (I) THE SCHOOL
DISTRICT'S APPROVED OPERATING EXPENSE PURSUANT TO PARAGRAPH T OF  SUBDI-
VISION  ONE  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS ARTICLE FOR THE
YEAR PRIOR TO THE BASE YEAR DIVIDED BY (II) THE DISTRICT'S PUBLIC SCHOOL
DISTRICT ENROLLMENT PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF  SUCH
SUBDIVISION  FOR  THE  YEAR PRIOR TO THE BASE YEAR MULTIPLIED BY (2) TEN
PERCENT (0.10), MULTIPLIED BY (3) THE QUOTIENT OF (I) THE AVERAGE OF THE
NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES  DEPART-
MENT OF LABOR FOR THE TWELVE MONTH PERIOD PRECEDING JANUARY FIRST OF THE
BASE  YEAR,  DIVIDED  BY (II) THE AVERAGE OF THE NATIONAL CONSUMER PRICE
INDEXES DETERMINED BY THE UNITED STATES  DEPARTMENT  OF  LABOR  FOR  THE
TWELVE  MONTH PERIOD PRECEDING JANUARY FIRST OF THE YEAR TWO YEARS PRIOR
TO THE BASE YEAR.
  C. IN EXTRAORDINARY CASES, THE COMMISSIONER MAY  AWARD  A  GRANT  THAT
EXCEEDS  THE  PER PUPIL LIMIT CALCULATED PURSUANT TO PARAGRAPH B OF THIS
SUBDIVISION.
  D. NO DISTRICT SHALL RECEIVE A GRANT IN EXCESS  OF  THE  TOTAL  ACTUAL
GRANT  EXPENDITURES  INCURRED  BY  THE  DISTRICT  IN THE CURRENT YEAR AS
APPROVED BY THE COMMISSIONER.
  E. NO SINGLE DISTRICT MAY BE AWARDED MORE THAN FORTY  PERCENT  OF  THE
TOTAL AMOUNT OF GRANT AWARDS MADE PURSUANT TO THIS SUBDIVISION.
  S  18.  Paragraph  b of subdivision 2 of section 4204 of the education
law, as amended by section 12-a of part A of chapter 57 of the  laws  of
2012, is amended to read as follows:
  b.  For  the  two thousand thirteen--two thousand fourteen school year
and thereafter, the costs of tuition as  defined  in  section  forty-two
hundred  eleven  of  this  article,  INCLUDING  TUITION, MAINTENANCE AND
TRANSPORTATION FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY  AND
AUGUST,  shall be a charge upon the current school district of residence
of any such child subject to this  article  and  the  directors  of  the
institution  shall bill such school district for such tuition costs on a
quarterly basis. The first  such  quarterly  payment  may  be  based  on
projected   enrollment,  provided  that  subsequent  payments  shall  be

S. 2607--A                         17                         A. 3007--A

adjusted to reflect actual enrollment. The amount  of  tuition  paid  by
such school district shall be eligible for reimbursement by the state to
the extent provided in section forty-two hundred four-b of this article.
  S 19. Subdivision 4 of section 4204-b of the education law, as amended
by  section 12-b of part A of chapter 57 of the laws of 2012, is amended
to read as follows:
  4. [The] FOR THE TWO THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL
YEAR  AND  PRIOR  SCHOOL  YEARS,  THE  state  shall reimburse the school
district of which any such child is resident at the time of admission or
readmission to any of the  institutions  subject  to  this  article  for
tuition  paid  to the institution FOR THE TEN-MONTH SCHOOL CALENDAR FROM
SEPTEMBER FIRST THROUGH JUNE THIRTIETH in an amount equal to  the  posi-
tive  difference  between  the  amount  of  such  tuition and the school
district basic contribution.   IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
SECTION  FORTY-FOUR  HUNDRED  EIGHT  OF THIS TITLE, FOR THE TWO THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND  THEREAFTER,  THE  STATE
SHALL  ALSO  REIMBURSE  THE  CURRENT SCHOOL DISTRICT OF RESIDENCE OF ANY
CHILD IN ANY OF THE INSTITUTIONS SUBJECT TO THIS  ARTICLE  FOR  APPROVED
TUITION,  MAINTENANCE  AND  TRANSPORTATION  PAID  TO THE INSTITUTION FOR
ENROLLMENT IN SUMMER SCHOOL  SPECIAL  EDUCATION  PROGRAMS  IN  JULY  AND
AUGUST,  IN  AN  AMOUNT  EQUAL TO EIGHTY PERCENT OF THE APPROVED TUITION
RATE PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF  THIS  TITLE.  Such
state  reimbursement  to  the school district shall not be paid prior to
April first of the school year in which such tuition costs are  paid  by
the  school district. The tuition incurred through December thirty-first
of such school year, INCLUDING TUITION, MAINTENANCE  AND  TRANSPORTATION
FOR  SUMMER  SCHOOL  PROGRAMS  IN  JULY  AND  AUGUST PURSUANT TO SECTION
FORTY-FOUR HUNDRED EIGHT OF THIS TITLE, shall be payable prior  to  June
thirtieth  of such school year, provided that a claim is submitted on or
before June first.
  S 20. Paragraph b of subdivision 2 of section 4207  of  the  education
law,  as  amended by section 12-c of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  b. For the two thousand thirteen--two thousand  fourteen  school  year
and  thereafter,  the  costs  of tuition as defined in section forty-two
hundred eleven of  this  article,  INCLUDING  TUITION,  MAINTENANCE  AND
TRANSPORTATION  FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY AND
AUGUST, shall be a charge upon the current school district of  residence
of  any  such  child  subject  to  this article and the directors of the
institution shall bill such school district for such tuition costs on  a
quarterly  basis.  The  first  such  quarterly  payment  may be based on
projected  enrollment,  provided  that  subsequent  payments  shall   be
adjusted  to  reflect  actual  enrollment. The amount of tuition paid by
such school district, INCLUDING TUITION, MAINTENANCE AND  TRANSPORTATION
FOR  SUMMER  SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY AND AUGUST, shall
be eligible for reimbursement by the state to  the  extent  provided  in
section forty-two hundred four-b of this article.
  S  21.  Subdivision 6 of section 4402 of the education law, as amended
by section 12 of part A of chapter 57 of the laws of 2012, is amended to
read as follows:
  6. Notwithstanding any other law, rule or regulation to the  contrary,
the  board  of  education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be  permitted
to  establish  maximum  class  sizes  for  special  classes  for certain
students with disabilities in accordance with  the  provisions  of  this
subdivision. For the purpose of obtaining relief from any adverse fiscal

S. 2607--A                         18                         A. 3007--A

impact  from under-utilization of special education resources due to low
student attendance in  special  education  classes  at  the  middle  and
secondary level as determined by the commissioner, such boards of educa-
tion  shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [thirteen] FOURTEEN  of  the
[two  thousand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN school year, be authorized to increase class sizes  in
special  classes  containing students with disabilities whose age ranges
are equivalent to those of students in middle and secondary  schools  as
defined  by  the  commissioner for purposes of this section by up to but
not to exceed one and two tenths times the applicable maximum class size
specified in regulations of the commissioner rounded up to  the  nearest
whole  number,  provided  that  in a city school district having a popu-
lation of one million or more, classes that have a maximum class size of
fifteen may be increased by no more than one student and  provided  that
the  projected average class size shall not exceed the maximum specified
in the applicable regulation, provided  that  such  authorization  shall
terminate  on  June thirtieth, two thousand. Such authorization shall be
granted upon filing of a notice by such a board of  education  with  the
commissioner  stating the board's intention to increase such class sizes
and a certification that the board will conduct a  study  of  attendance
problems  at  the secondary level and will implement a corrective action
plan to increase the rate of attendance of students in such  classes  to
at  least  the  rate for students attending regular education classes in
secondary schools of the district. Such corrective action plan shall  be
submitted  for  approval by the commissioner by a date during the school
year in which such board increases class sizes as provided  pursuant  to
this  subdivision  to  be  prescribed by the commissioner. Upon at least
thirty days notice to the board of education, after  conclusion  of  the
school year in which such board increases class sizes as provided pursu-
ant  to this subdivision, the commissioner shall be authorized to termi-
nate such authorization upon a finding that  the  board  has  failed  to
develop or implement an approved corrective action plan.
  S  22.  The education law is amended by adding a new section 4403-a to
read as follows:
  S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1.  A  LOCAL  SCHOOL  DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT  AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH
DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS  ARTICLE,  AND  REGULATIONS  PROMULGATED THEREUNDER, FOR A SPECIFIC
SCHOOL YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS  IN
ADVANCE  OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
  2. BEFORE SUBMITTING AN APPLICATION FOR A  WAIVER,  THE  LOCAL  SCHOOL
DISTRICT,  APPROVED  PRIVATE  SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE  PARENTS  OR
PERSONS  IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED
BY THE WAIVER IF GRANTED.  SUCH NOTICE SHALL BE IN  A  FORM  AND  MANNER
THAT  WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP
WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,
AND SHALL INCLUDE INFORMATION ON THE FORM,  MANNER  AND  DATE  BY  WHICH
PARENTS  MAY  SUBMIT  WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL
SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH  PARENTS  AND
PERSONS  IN  PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL

S. 2607--A                         19                         A. 3007--A

INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT
TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN  COMMENTS  RECEIVED  FROM
SUCH PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.
  3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL  SERVICES  PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED TWO OR
SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON  A  FINDING  THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
SPECIAL EDUCATION PROGRAM THAT IS  CONSISTENT  WITH  APPLICABLE  FEDERAL
REQUIREMENTS,  AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING  SUCH  DETERMI-
NATION,  THE  COMMISSIONER  SHALL  CONSIDER ANY COMMENTS RECEIVED BY THE
LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
  4.  ANY  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR  FOR
WHICH A WAIVER IS GRANTED.
  S  23.  Paragraph a of subdivision 10 of section 4410 of the education
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  FOR
THE  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND THERE-
AFTER, THE CITY OF NEW YORK  SHALL  BE  AUTHORIZED  TO  ESTABLISH  LOCAL
TUITION  RATES FOR APPROVED SERVICES OR PROGRAMS LOCATED WITHIN THE CITY
OF NEW YORK THROUGH A  COMPETITIVE  REQUEST  FOR  PROPOSALS  PROCESS  OR
OTHERWISE,  PROVIDED  THAT SUCH LOCAL TUITION RATES SHALL NOT EXCEED THE
TUITION RATES DETERMINED BY THE COMMISSIONER AND APPROVED BY THE  DIREC-
TOR  OF  THE  BUDGET PURSUANT TO SUBPARAGRAPHS (I) THROUGH (III) OF THIS
PARAGRAPH AND SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. THE LOCAL
TUITION RATES SO ESTABLISHED SHALL BE USED IN THE CONTRACTS WITH PROVID-
ERS PROVIDING SERVICES OR PROGRAMS WITHIN THE CITY OF NEW YORK  PURSUANT
TO  THIS  SECTION  FOR  THE PROVISION OF PROGRAMS AND SERVICES FOR WHICH
SUCH RATES WERE ESTABLISHED. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SECTION TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE  RESPONSIBLE  FOR
ARRANGING  FOR AND SELECTING THE APPROVED PROGRAM AND/OR RELATED SERVICE
PROVIDER THROUGH THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS OR  OTHER-
WISE TO DELIVER THE PROGRAMS OR SERVICES CONSISTENT WITH THE INDIVIDUAL-
IZED  EDUCATION PROGRAM OF THE PRESCHOOL CHILD.  PROVIDED, HOWEVER, THAT
THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA-
GRAPH SHALL NOT  APPLY  TO  PRESCHOOL  CHILDREN  WITH  DISABILITIES  WHO
RECEIVED  PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO THOU-
SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR.   THE CITY OF  NEW  YORK
SHALL  BE  REQUIRED  TO PROVIDE DATA RELATING TO THE LOCALLY ESTABLISHED
TUITION RATES TO THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE
COMMISSIONER.
  S 24. Subparagraph (ii) of paragraph c of subdivision  11  of  section
4410  of  the  education  law,  as amended by chapter 205 of the laws of
2009, is amended to read as follows:
  (ii) Payments made pursuant to this section by a  municipality  shall,
upon  conclusion  of  the  July  first to June thirtieth school year for
which such payment was made, be subject  to  audit  against  the  actual
difference  between  such audited expenditures and revenues. The munici-
pality shall submit the results of any such audit  to  the  commissioner

S. 2607--A                         20                         A. 3007--A

and the commissioner of social services, if appropriate, for review and,
if  warranted,  adjustment of the tuition and/or maintenance rates.  The
municipality is authorized to recover overpayments made to a provider of
special  services  or programs pursuant to this section as determined by
the commissioner or the commissioner of health based upon their  adjust-
ment of a tuition and/or maintenance rate, PROVIDED THAT FOR PURPOSES OF
MAKING SUCH ADJUSTMENT AND RECOVERY, THE MUNICIPALITY SHALL BE DEEMED TO
HAVE  PAID  SEVENTY-FIVE PERCENT OF THE DISALLOWED COSTS.  Such recovery
may be accomplished by withholding such amount from any moneys  due  the
provider in the current year, or by direct reimbursement.
  S 25. Intentionally omitted.
  S 26. Section 7 of chapter 472 of the laws of 1998 amending the educa-
tion  law  relating to the lease of school buses by school districts, as
amended by section 71 of part A of chapter 58 of the laws  of  2011,  is
amended to read as follows:
  S  7.  This  act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2013] 2015.
  S 27. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
13  of  part  A of chapter 57 of the laws of 2012, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this  section  [for the 2009-10 school year shall not exceed 64.1
percent of the lesser of such approvable costs per contact hour or elev-
en dollars and fifty cents per  contact  hour,  reimbursement]  for  the
2010--2011  school  year  shall not exceed 62.6 percent of the lesser of
such approvable costs per contact hour or twelve dollars and five  cents
per contact hour, reimbursement for the 2011--2012 school year shall not
exceed  62.9  percent of the lesser of such approvable costs per contact
hour or twelve  dollars  and  fifteen  cents  per  contact  hour,  [and]
reimbursement  for  the  2012--2013  school  year  shall not exceed 63.3
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve dollars and thirty-five cents per contact hour, AND REIMBURSEMENT
FOR  THE  2013--2014  SCHOOL  YEAR  SHALL NOT EXCEED 62.2 PERCENT OF THE
LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWELVE  DOLLARS  AND
FIFTY  CENTS  PER  CONTACT  HOUR,  where a contact hour represents sixty
minutes of instruction services provided to an eligible adult.  Notwith-
standing any other provision of law to the contrary,  [for  the  2009-10
school  year  such  contact  hours  shall  not  exceed one million seven
hundred sixty--three thousand  nine  hundred  seven  (1,763,907)  hours;
whereas]  for  the  2010--2011  school year such contact hours shall not
exceed one million five hundred twenty-five thousand one  hundred  nine-
ty-eight  (1,525,198) hours; whereas for the 2011--2012 school year such
contact hours shall not exceed one million seven  hundred  one  thousand
five  hundred  seventy  (1,701,570)  hours;  whereas  for the 2012--2013
school year such contact hours shall not exceed one million six  hundred
sixty-four  thousand  five hundred thirty-two (1,664,532) hours; WHEREAS
FOR THE 2013--2014 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT  EXCEED  ONE
MILLION  FOUR  HUNDRED  EIGHTY THOUSAND AND FIFTY-ONE (1,480,051) HOURS.
Notwithstanding any other provision of law to the contrary,  the  appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed  as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-

S. 2607--A                         21                         A. 3007--A

ble for aid in accordance with the provisions of such subdivision 11  of
section 3602 of the education law.
  S  28. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion r to read as follows:
  R. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF PAYMENTS FOR THE 2013--2014 SCHOOL YEAR.  NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION  SHALL
WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
AND  SHALL  NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
($11,500,000).
  S 29. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, as amended by section 15 of part A of
chapter 57 of the laws of 2012, is amended to read as follows:
  S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2013] 2014.
  S 30. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating  to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 17 of part A of chapter 57 of the laws of 2012, is amended to
read as follows:
  1. Sections one through seventy of this act shall be  deemed  to  have
been  in  full  force  and effect as of April 1, 1994 provided, however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only  to  hearings  commenced  prior  to September 1, 1994, and provided
further that section twenty-six of this act shall expire and  be  deemed
repealed  on  March  31,  1997;  and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed  repealed  on  March
31,  1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
deemed repealed on March 31, [2014] 2015.
  S  31. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and certain other laws  relating  to
state  aid  to  school  districts and the appropriation of funds for the
support of government, as amended by section 18 of part A of chapter  57
of the laws of 2012, are amended to read as follows:
  (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act  shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2013] 2014 at which time it shall be deemed repealed;
  (24)  sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on  and  after
July 1, 1995; provided further, however, that the amendments made pursu-
ant  to  section  one hundred nineteen of this act shall be deemed to be
repealed on and after July 1, [2013] 2014;
  S 32. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,

S. 2607--A                         22                         A. 3007--A

charter school or BOCES employees, as amended by section 20 of part A of
chapter 57 of the laws of 2012, is amended to read as follows:
  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2013] 2014 when
upon such date the provisions of this act shall be deemed repealed.
  S 33. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
education  law  relating  to  the  provision of supplemental educational
services, attendance at a safe  public  school  and  the  suspension  of
pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
amended by section 21 of part A of chapter 57 of the laws  of  2012,  is
amended to read as follows:
  S  4.  This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2013] 2014.
  S 34. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 22 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  S  5.  This  act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be  deemed  repealed  on
June 30, [2013] 2014.
  S 35. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2013--2014 school year, the commissioner of education shall allocate
school bus driver training grants to  school  districts  and  boards  of
cooperative  education  services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes  of  this  section.  Such
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.
  S 36. Support of public libraries. The  moneys  appropriated  for  the
support  of public libraries by the chapter of the laws of 2013 enacting
the aid to localities budget shall be  apportioned  for  the  2013--2014
state  fiscal  year  in  accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
provisions of this chapter and the provisions of this act, provided that
library  construction aid pursuant to section 273-a of the education law
shall not be payable from the appropriations for the support  of  public
libraries  and  provided  further  that  no  library,  library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received  for  the  year  2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding  any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2013--2014
by a chapter of the laws of 2013 enacting the aid to  localities  budget
shall  fulfill  the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations  shall  be  reduced  proportionately  to
assure  that  the  total amount of aid payable does not exceed the total
appropriations for such purpose.
  S 37. Special apportionment for salary expenses.   a.  Notwithstanding
any  other  provision  of  law,  upon application to the commissioner of
education, not sooner than the first day of  the  second  full  business
week  of  June,  2014  and not later than the last day of the third full
business week of June, 2014, a school district eligible  for  an  appor-

S. 2607--A                         23                         A. 3007--A

tionment pursuant to section 3602 of the education law shall be eligible
to  receive  an  apportionment  pursuant to this section, for the school
year ending June 30, 2014, for salary expenses incurred between April  1
and June 30, 2014 and such apportionment shall not exceed the sum of (i)
the  deficit  reduction  assessment  of  1990--1991 as determined by the
commissioner of education, pursuant to paragraph f of subdivision  1  of
section  3602  of the education law, as in effect through June 30, 1993,
plus (ii) 186 percent of such amount for a city  school  district  in  a
city  with  a  population in excess of 1,000,000 inhabitants, plus (iii)
209 percent of such amount for a city school district in a city  with  a
population of more than 195,000 inhabitants and less than 219,000 inhab-
itants  according  to  the  latest federal census, plus (iv) the net gap
elimination adjustment for 2010--2011, as determined by the commissioner
of education pursuant to chapter 53 of the laws of 2010,  plus  (v)  the
gap  elimination  adjustment for 2011--2012 as determined by the commis-
sioner of education pursuant to subdivision 17 of section  3602  of  the
education  law,  and  provided further that such apportionment shall not
exceed such salary expenses. Such application shall be made by a  school
district, after the board of education or trustees have adopted a resol-
ution  to do so and in the case of a city school district in a city with
a population in excess of 125,000 inhabitants, with the approval of  the
mayor of such city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  38. Special apportionment for public pension accruals. a.  Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2014, a school district  eligi-

S. 2607--A                         24                         A. 3007--A

ble  for  an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this  section,
for  the  school  year ending June 30, 2014 and such apportionment shall
not  exceed  the  additional  accruals  required  to  be  made by school
districts in the 2004--2005 and 2005--2006 school years associated  with
changes  for  such  public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner  of  education  by
the  president of the board of education or the trustees or, in the case
of a city school district in a city  with  a  population  in  excess  of
125,000  inhabitants,  the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school  district
in  a  city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 39. a. Notwithstanding any other law,  rule  or  regulation  to  the
contrary,  any moneys appropriated to the state education department may
be suballocated to other state departments or agencies,  as  needed,  to
accomplish the intent of the specific appropriations contained therein.
  b.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from  the  general
fund/aid  to  localities,  local  assistance  account-001,  shall be for
payment of financial assistance, as  scheduled,  net  of  disallowances,
refunds, reimbursement and credits.
  c.  Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education  department  for  aid  to

S. 2607--A                         25                         A. 3007--A

localities shall be available for payment of aid heretofore or hereafter
to  accrue  and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
  d.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated  to  the  state  education  department  for  general
support  for  public  schools may be interchanged with any other item of
appropriation for general support for public schools within the  general
fund  local  assistance  account office of prekindergarten through grade
twelve education programs.
  S 40. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city  of  Rochester,  upon
the  consent  of  the  board  of cooperative educational services of the
supervisory district serving its geographic  region  may  purchase  from
such  board  for  the  2013--2014 school year, as a non-component school
district, services required by article 19 of the education law.
  S 41. The amounts specified in this section shall be a  setaside  from
the  state  funds  which  each such district is receiving from the total
foundation aid:
  a. for the purpose of the development,  maintenance  or  expansion  of
magnet schools or magnet school programs for the 2013--2014 school year.
To  the city school district of the city of New York there shall be paid
forty-eight  million   one   hundred   seventy-five   thousand   dollars
($48,175,000) including five hundred thousand dollars ($500,000) for the
Andrew  Jackson  High School; to the Buffalo city school district, twen-
ty-one  million  twenty-five  thousand  dollars  ($21,025,000);  to  the
Rochester  city  school district, fifteen million dollars ($15,000,000);
to  the  Syracuse  city  school  district,  thirteen   million   dollars
($13,000,000);  to  the Yonkers city school district, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,  four  million  six  hundred   forty-five   thousand   dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two  million  dollars  ($2,000,000);  to  the  New
Rochelle  city  school  district,  one million four hundred ten thousand
dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city  school  district,  one  million one hundred fifty thousand dollars
($1,150,000); to the White Plains city  school  district,  nine  hundred
thousand  dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
district,   three   million   five   hundred   fifty   thousand  dollars
($3,550,000); to the Utica city school  district,  two  million  dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand  dollars  ($566,000);  to  the Middletown city school district,
four hundred thousand dollars ($400,000); to  the  Freeport  union  free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh   central   school   district,   three  hundred  thousand  dollars
($300,000); to the Amsterdam city school district, eight  hundred  thou-
sand  dollars  ($800,000);  to  the  Peekskill city school district, two
hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
district, four hundred thousand dollars ($400,000).
  b.  notwithstanding the provisions of subdivision a of this section, a
school district receiving a grant pursuant to this section may use  such
grant  funds  for:  (i) any instructional or instructional support costs
associated with the operation of a magnet school; or (ii)  any  instruc-
tional  or instructional support costs associated with implementation of

S. 2607--A                         26                         A. 3007--A

an alternative approach to reduction of racial isolation and/or enhance-
ment of the instructional program and raising of standards in elementary
and secondary schools of school  districts  having  substantial  concen-
trations  of  minority students. The commissioner of education shall not
be authorized to withhold magnet grant funds from a school district that
used such funds in accordance with this paragraph,  notwithstanding  any
inconsistency with a request for proposals issued by such commissioner.
  c.  for  the  purpose of attendance improvement and dropout prevention
for the 2013--2014 school year, for any city school district in  a  city
having  a  population of more than one million, the setaside for attend-
ance improvement and dropout prevention shall equal the amount set aside
in the base year. For the 2013--2014 school year, it is further provided
that any city school district in a city having a population of more than
one million shall allocate at least one-third of any increase from  base
year  levels  in  funds  set  aside pursuant to the requirements of this
subdivision to  community-based  organizations.  Any  increase  required
pursuant to this subdivision to community-based organizations must be in
addition to allocations provided to community-based organizations in the
base year.
  d.  for the purpose of teacher support for the 2013--2014 school year:
to the city school district of the city of New York,  sixty-two  million
seven  hundred seven thousand dollars ($62,707,000); to the Buffalo city
school district, one million seven hundred  forty-one  thousand  dollars
($1,741,000);  to the Rochester city school district, one million seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,   one   million   one  hundred  forty-seven  thousand  dollars
($1,147,000); and to the Syracuse city school  district,  eight  hundred
nine  thousand  dollars ($809,000). All funds made available to a school
district pursuant to this subdivision shall be distributed among  teach-
ers  including prekindergarten teachers and teachers of adult vocational
and academic subjects in accordance with this subdivision and  shall  be
in  addition  to  salaries  heretofore  or  hereafter negotiated or made
available; provided, however, that all  funds  distributed  pursuant  to
this  section  for  the  current year shall be deemed to incorporate all
funds distributed pursuant to former subdivision 27 of section  3602  of
the  education law for prior years. In school districts where the teach-
ers are represented by certified or recognized  employee  organizations,
all salary increases funded pursuant to this section shall be determined
by separate collective negotiations conducted pursuant to the provisions
and  procedures  of article 14 of the civil service law, notwithstanding
the existence of a negotiated agreement between a school district and  a
certified or recognized employee organization.
  S 42. Severability. The provisions of this act shall be severable, and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the  case  may  be,  to  any  other
person  or  circumstance,  but shall be confined in its operation to the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 43. This act shall take effect immediately, and shall be  deemed  to
have been in full force and effect on and after April 1, 2013, provided,
however, that:

S. 2607--A                         27                         A. 3007--A

  1. Sections five and six of this act shall take effect immediately and
shall  be deemed to have been in full force and effect on and after July
1, 2010; provided, further, that the  amendments  to  subdivision  1  of
section 2856 of the education law made by section five of this act shall
be  subject to the expiration and reversion of such subdivision pursuant
to section 27 of chapter 378 of the laws of 2007, as amended, when  upon
such date the provisions of section six of this act shall take effect;
  2. Section nine of this act shall take effect July 1, 2014;
  3.  Sections  one,  eleven, twelve, thirteen, fourteen, fifteen, eigh-
teen, nineteen, twenty, twenty-one, twenty-seven, twenty-eight,  thirty-
five and forty-one of this act shall take effect July 1, 2013;
  4.  The  amendments  to subdivision 6 of section 4402 of the education
law made by section twenty-one of this act shall not affect  the  repeal
of such subdivision and shall be deemed repealed therewith;
  5.  The  amendments to subdivision 10 of section 4410 of the education
law, made by section twenty-three of this act shall take effect April 1,
2013 and shall first apply to the provision  of  services  and  programs
pursuant  to  section 4410 of the education law in the 2013--2014 school
year;
  6. The amendments to chapter 756 of the  laws  of  1992,  relating  to
funding a program for work force education conducted by a consortium for
worker  education  in  New  York city, made by sections twenty-seven and
twenty-eight of this act shall not affect the repeal of such chapter and
shall be deemed repealed therewith; and
  7. Section thirty-nine of this act shall expire and be deemed repealed
June 30, 2014.

                                 PART B

  Section 1. Section 350 of the education law is amended by adding  four
new subdivisions 10, 11, 12 and 13 to read as follows:
  10.  "DORMITORY  FACILITIES  REVENUE  FUND" MEANS THE FUND ESTABLISHED
PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE  PUBLIC  AUTHORITIES
LAW.
  11. "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
TIES.
  12. "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX
OF THE PUBLIC AUTHORITIES LAW.
  13. "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR  BOND  OF  THE
DORMITORY  AUTHORITY  (I) ISSUED ON OR AFTER THE FIRST DAY OF APRIL, TWO
THOUSAND THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES  OR
REFINANCING NOTES OR BONDS PREVIOUSLY ISSUED IN CONNECTION WITH DORMITO-
RY  FACILITIES, INCLUDING NOTES OR BONDS ISSUED TO PAY COSTS INCURRED IN
CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
FOR THE PAYMENT OF DEBT SERVICE ON SUCH BONDS  OR  NOTES,  TO  FUND  ANY
RESERVE  ESTABLISHED  FOR  THE IMPROVEMENT, REPAIR, MAINTENANCE OR OPER-
ATIONS OF DORMITORY FACILITIES, OR TO PAY OR PROVIDE FOR THE PAYMENT  OF
ANY  NOTE  OR  BOND  PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS
PAYABLE FROM MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE  FUND
AND IS NOT PAYABLE FROM ANY REVENUE OF THE STATE.
  S  2.  Subdivision 2 of section 355 of the education law is amended by
adding a new paragraph y to read as follows:
  Y. TO BETTER SECURE DORMITORY AUTHORITY  BONDS  ISSUED  IN  CONNECTION
WITH  DORMITORY  FACILITIES, INCLUDING DORMITORY FACILITY REVENUE BONDS,

S. 2607--A                         28                         A. 3007--A

THE STATE UNIVERSITY OF NEW YORK IS HEREBY AUTHORIZED, IN ITS OWN  NAME,
TO ASSIGN OR OTHERWISE TRANSFER TO THE DORMITORY AUTHORITY ANY OR ALL OF
THE STATE UNIVERSITY'S RIGHTS, TITLE AND INTEREST IN AND TO THE DORMITO-
RY  FACILITY  REVENUES,  AND TO ENTER INTO AGREEMENTS WITH THE DORMITORY
AUTHORITY PURSUANT TO SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED  EIGHT-
Y-Q  OF  THE PUBLIC AUTHORITIES LAW IN FURTHERANCE OF SUCH ASSIGNMENT OR
TRANSFER. ANY ASSIGNMENT OR TRANSFER MADE  PURSUANT  TO  THIS  PARAGRAPH
SHALL  CONSTITUTE  A  TRUE  SALE  AND ABSOLUTE TRANSFER OF THE DORMITORY
FACILITIES REVENUES. THE CHARACTERIZATION OF SUCH ASSIGNMENT OR TRANSFER
SHALL NOT BE NEGATED OR ADVERSELY AFFECTED BY THE RETENTION BY THE STATE
UNIVERSITY OF NEW YORK OF ANY OWNERSHIP INTEREST IN THE DORMITORY FACIL-
ITIES REVENUES OR OF ANY RESIDUAL RIGHT  TO  PAYMENT  OF  ANY  DORMITORY
FACILITY  REVENUES  REMAINING  IN  THE DORMITORY FACILITIES REVENUE FUND
AFTER THE MONEYS THEREIN HAVE BEEN APPLIED IN ACCORDANCE WITH  PARAGRAPH
(B)  OF  SUBDIVISION  THREE  OF  SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE
PUBLIC AUTHORITIES LAW. ALL RIGHTS, TITLE AND INTEREST  IN  AND  TO  ANY
MONEYS  PAID  TO  OR  UPON THE ORDER OF THE STATE UNIVERSITY OF NEW YORK
PURSUANT TO ANY AGREEMENT BY AND BETWEEN THE DORMITORY AUTHORITY AND THE
STATE UNIVERSITY OF NEW YORK ENTERED INTO PURSUANT TO SUBDIVISION TWO OF
SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE PUBLIC AUTHORITIES LAW OR PURSU-
ANT TO ANY AGREEMENT ENTERED INTO PURSUANT TO PARAGRAPH J OF SUBDIVISION
TWO OF SECTION SIXTEEN HUNDRED EIGHTY  OF  THE  PUBLIC  AUTHORITIES  LAW
SHALL VEST IN THE STATE UNIVERSITY OF NEW YORK AND BE THE ABSOLUTE PROP-
ERTY  OF  THE  STATE UNIVERSITY OF NEW YORK, AND THE DORMITORY AUTHORITY
SHALL NO LONGER HAVE ANY INTEREST IN SUCH MONEYS.
  S 3. Subdivision 8 of section 355 of the education law, as amended  by
chapter 553 of the laws of 1985, is amended to read as follows:
  8.  [All]  EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL moneys received by
the state university of New  York  and  by  state-operated  institutions
thereof  from  appropriations,  tuition,  fees,  user  charges, sales of
products and services and from all other sources, including sources  and
activities of the state university which are intended by law to be self-
supporting  may be credited to an appropriate fund or funds to be desig-
nated by the state comptroller. The amounts so paid into  such  fund  or
funds  which  were received by or for the state university shall be used
for expenses of the state university in carrying out any of its  objects
and  purposes  and such amounts received by or for state-operated insti-
tutions of the state university shall be used for expenses of the  state
university  under  regulations  prescribed by the state university trus-
tees.  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, ALL
DORMITORY FACILITIES REVENUES TRANSFERRED TO THE DORMITORY AUTHORITY  BY
ASSIGNMENT  OR  OTHERWISE  PURSUANT TO PARAGRAPH Y OF SUBDIVISION TWO OF
THIS SECTION SHALL UPON RECEIPT BY THE STATE UNIVERSITY ACTING AS  AGENT
FOR  THE DORMITORY AUTHORITY BE TRANSFERRED AND IMMEDIATELY PAID WITHOUT
APPROPRIATION THEREOF TO THE COMMISSIONER OF TAXATION AND FINANCE PURSU-
ANT TO SUBDIVISION FOUR OF SECTION FOUR OF THE  STATE  FINANCE  LAW  FOR
DEPOSIT TO THE DORMITORY FACILITIES REVENUE FUND.
  S  4.  The  public  authorities law is amended by adding a new section
1680-q to read as follows:
  S 1680-Q. STATE UNIVERSITY OF NEW YORK DORMITORY FACILITIES.    1.  AS
USED  IN  OR  REFERRED  TO  IN  THIS SECTION, UNLESS A DIFFERENT MEANING
APPEARS FROM THE CONTEXT, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
RESPECTIVE MEANINGS:
  (A)  "AGREEMENT"  MEANS  AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND
THE STATE UNIVERSITY ENTERED INTO PURSUANT TO THIS SECTION.

S. 2607--A                         29                         A. 3007--A

  (B) "DORMITORY FACILITIES REVENUE FUND"  MEANS  THE  FUND  ESTABLISHED
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (C) "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
TIES.
  (D) "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX
OF THIS TITLE.
  (E) "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR  BOND  OF  THE
AUTHORITY  (I)  ISSUED  ON OR AFTER THE FIRST DAY OF APRIL, TWO THOUSAND
THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES OR REFINANC-
ING NOTES OR BONDS ISSUED PREVIOUSLY IN CONNECTION WITH DORMITORY FACIL-
ITIES, INCLUDING  NOTES  OR  BONDS  ISSUED  TO  PAY  COSTS  INCURRED  IN
CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
FOR  THE  PAYMENT  OF  DEBT  SERVICE  ON SUCH BONDS, TO FUND ANY RESERVE
ESTABLISHED FOR THE IMPROVEMENT, REPAIR, MAINTENANCE  OR  OPERATIONS  OF
DORMITORY  FACILITIES,  OR TO PAY OR PROVIDE FOR THE PAYMENT OF ANY NOTE
OR BOND PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS PAYABLE FROM
MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE FUND.
  (F) "PRIOR DORMITORY FACILITY BOND" MEANS ANY  NOTE  OR  BOND  OF  THE
AUTHORITY  ISSUED  PRIOR  TO  APRIL  FIRST,  TWO  THOUSAND  THIRTEEN  IN
CONNECTION WITH DORMITORY FACILITIES.
  (G) "STATE UNIVERSITY" MEANS THE  STATE  UNIVERSITY  OF  NEW  YORK,  A
CORPORATION WITHIN THE STATE EDUCATION DEPARTMENT AND WITHIN THE UNIVER-
SITY OF THE STATE OF NEW YORK CREATED BY SECTION THREE HUNDRED FIFTY-TWO
OF THE EDUCATION LAW.
  2.  THE  AUTHORITY MAY, FROM AND AFTER APRIL FIRST, TWO THOUSAND THIR-
TEEN, ISSUE DORMITORY FACILITY REVENUE BONDS IN AN AMOUNT NOT TO  EXCEED
NINE  HUNDRED FORTY-FOUR MILLION DOLLARS. SUCH AMOUNT SHALL BE EXCLUSIVE
OF BONDS AND NOTES ISSUED TO FUND ANY RESERVE FUND  OR  FUNDS,  COST  OF
ISSUANCE,  ORIGINAL  ISSUE  PREMIUM,  AND  TO REFUND ANY PRIOR DORMITORY
FACILITY BONDS OR ANY DORMITORY FACILITY REVENUE  BONDS.  THE  AUTHORITY
AND  THE STATE UNIVERSITY ARE HEREBY AUTHORIZED TO ENTER INTO AGREEMENTS
RELATING TO, AMONG OTHER THINGS, THE ACQUISITION OF PROPERTY  OR  INTER-
ESTS THEREIN, THE CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVE-
MENT,  EQUIPPING  AND  FURNISHING OF DORMITORY FACILITIES, THE OPERATION
AND MAINTENANCE OF DORMITORY FACILITIES, AND THE BILLING, COLLECTION AND
DISBURSEMENT OF DORMITORY FACILITIES REVENUES, THE TITLE  TO  WHICH  HAS
BEEN CONVEYED, ASSIGNED OR OTHERWISE TRANSFERRED TO THE AUTHORITY PURSU-
ANT  TO  PARAGRAPH  Y  OF  SUBDIVISION  TWO  OF  SECTION  THREE  HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW. NO DEBT SHALL BE CONTRACTED  EXCEPT  TO
FINANCE  CAPITAL  WORKS OR PURPOSES. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, DORMITORY FACILITY REVENUES SHALL NOT BE DEEMED TO  BE  REVENUES
OF  THE  STATE.  THE  STATE  SHALL NOT BE LIABLE FOR ANY PAYMENTS ON ANY
DORMITORY FACILITY REVENUE BONDS, AND SUCH BONDS SHALL NOT BE A DEBT  OF
THE STATE.
  3.  (A) THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER
OF TAXATION AND FINANCE A SPECIAL FUND TO  BE  KNOWN  AS  THE  DORMITORY
FACILITIES REVENUE FUND. SUCH FUND SHALL CONSIST OF ALL DORMITORY FACIL-
ITIES  REVENUES  CONVEYED,  ASSIGNED  OR  OTHERWISE  TRANSFERRED  TO THE
AUTHORITY PURSUANT TO PARAGRAPH Y OF SUBDIVISION TWO  OF  SECTION  THREE
HUNDRED  FIFTY-FIVE  OF  THE  EDUCATION  LAW,  WHICH UPON RECEIPT BY THE
COMMISSIONER OF TAXATION AND FINANCE SHALL BE DEPOSITED IN SUCH FUND AND
HELD BY THE COMMISSIONER OF TAXATION AND FINANCE PURSUANT TO SUBDIVISION
FOUR OF SECTION FOUR OF THE STATE FINANCE LAW. THE MONEYS  IN  THE  FUND
SHALL  BE  THE  SOLE AND EXCLUSIVE PROPERTY OF THE AUTHORITY. THE MONEYS

S. 2607--A                         30                         A. 3007--A

HELD IN THE FUND SHALL BE HELD SEPARATE AND APART FROM AND  NOT  COMMIN-
GLED  WITH ANY MONEYS OF THE STATE OR ANY OTHER MONEYS IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE.  ALL DEPOSITS OF MONEYS SHALL,
IF  REQUIRED  BY THE COMMISSIONER OF TAXATION AND FINANCE, BE SECURED BY
OBLIGATIONS OF THE UNITED STATES OF AMERICA OR OF  THE  STATE  HAVING  A
MARKET  VALUE  EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS AND ALL
BANKS AND TRUST COMPANIES ARE  AUTHORIZED  TO  GIVE  SECURITY  FOR  SUCH
DEPOSITS.  ANY MONEYS IN SUCH FUND MAY, IN THE DISCRETION OF THE COMMIS-
SIONER OF TAXATION AND FINANCE, BE INVESTED IN OBLIGATIONS DESCRIBED  IN
SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. THE COMMISSIONER OF TAXA-
TION AND FINANCE SHALL CERTIFY TO THE AUTHORITY AND THE STATE UNIVERSITY
NOT  LATER  THAN THE FIFTEENTH DAY OF EACH MONTH THE AMOUNT OF DORMITORY
FACILITIES REVENUES DEPOSITED IN THE FUND DURING THE PRECEDING  CALENDAR
MONTH AND THE AMOUNT HELD IN THE FUND AS OF THE LAST DAY OF SUCH PRECED-
ING CALENDAR MONTH.
  (B)  DURING EACH TWELVE MONTH PERIOD COMMENCING JULY FIRST OF A CALEN-
DAR YEAR AND ENDING ON JUNE THIRTIETH OF THE SUCCEEDING  CALENDAR  YEAR,
THE  COMMISSIONER  OF  TAXATION AND FINANCE SHALL PAY, WITHOUT APPROPRI-
ATION, TO OR UPON THE ORDER OF THE AUTHORITY FROM THE MONEYS IN THE FUND
THE AMOUNT CERTIFIED TO THE COMMISSIONER OF TAXATION AND FINANCE BY  THE
AUTHORITY  PURSUANT  TO  PARAGRAPH  (C)  OF THIS SUBDIVISION. ANY MONEYS
REMAINING IN THE FUND AFTER PAYMENT TO THE AUTHORITY OF  THE  AMOUNT  SO
CERTIFIED  SHALL  BE PAID BY THE COMMISSIONER OF TAXATION AND FINANCE IN
ACCORDANCE WITH THE AGREEMENT. ALL RIGHTS, TITLE AND INTEREST IN AND  TO
ANY MONEYS PAID TO OR UPON THE ORDER OF THE STATE UNIVERSITY PURSUANT TO
THE  AGREEMENT  SHALL  VEST  IN THE STATE UNIVERSITY AND BE THE ABSOLUTE
PROPERTY OF THE STATE UNIVERSITY, AND THE AUTHORITY SHALL NO LONGER HAVE
ANY INTEREST IN SUCH MONEYS.
  (C) THE AUTHORITY SHALL, NOT LATER THAN BY THE FIRST DAY  OF  JUNE  OF
EACH  CALENDAR YEAR, CERTIFY TO THE COMMISSIONER OF TAXATION AND FINANCE
AND TO THE STATE UNIVERSITY: (I) THE AMOUNT OF  THE  RENTALS,  INCLUDING
THE  AMOUNTS  REQUIRED  FOR PAYMENT OF THE PRINCIPAL OF, AND INTEREST ON
PRIOR DORMITORY FACILITY BONDS REQUIRED TO BE MADE BY THE STATE  UNIVER-
SITY  TO  THE AUTHORITY DURING THE TWELVE MONTH PERIOD COMMENCING ON THE
SUCCEEDING JULY FIRST AND ENDING ON THE SUCCEEDING JUNE THIRTIETH PURSU-
ANT TO THE AGREEMENT BETWEEN THE AUTHORITY  AND  THE  STATE  UNIVERSITY,
DATED   AS   OF   THE  TWENTIETH  DAY  OF  SEPTEMBER,  NINETEEN  HUNDRED
NINETY-FIVE, AS AMENDED AND RESTATED; (II) THE AMOUNT REQUIRED TO  MAIN-
TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
OR  THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN CONNECTION
WITH THE PRIOR DORMITORY FACILITY BONDS; (III) THE AMOUNT  REQUIRED  FOR
PAYMENT OF THE PRINCIPAL OF, WHETHER AT MATURITY OR DUE THROUGH MANDATO-
RY  REDEMPTION, AND INTEREST ON DORMITORY FACILITY REVENUE BONDS PAYABLE
ON JANUARY FIRST OF SUCH TWELVE MONTH PERIOD  AND  ON  JULY  FIRST  NEXT
SUCCEEDING  SUCH  TWELVE MONTH PERIOD; (IV) THE AMOUNT REQUIRED TO MAIN-
TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
OR THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN  CONNECTION
WITH  THE  DORMITORY  FACILITY REVENUE BONDS; (V) THE AMOUNT REQUIRED TO
RESTORE ANY RESERVE FOR THE PAYMENT OF DEBT SERVICE ON DORMITORY FACILI-
TY REVENUE BONDS TO ITS REQUIREMENT; AND (VI) THE  COSTS,  EXPENSES  AND
OVERHEAD  OF  THE  DORMITORY AUTHORITY TO BE INCURRED DURING SUCH TWELVE
MONTH PERIOD IN CONNECTION WITH  AND  REASONABLY  RELATED  TO  DORMITORY
FACILITIES  FINANCED  THROUGH THE ISSUANCE OF DORMITORY FACILITY REVENUE
BONDS. EACH SUCH AMOUNT SHALL BE SEPARATELY  STATED  AND  IDENTIFIED  IN
SUCH  CERTIFICATE.  ANY  SUCH  CERTIFICATE  SUBMITTED  BY  THE DORMITORY
AUTHORITY MAY BE AMENDED BY THE DORMITORY AUTHORITY FROM TIME TO TIME AS

S. 2607--A                         31                         A. 3007--A

NECESSARY TO ADJUST THE AMOUNTS SET FORTH THEREIN. THE  MONEYS  PAID  TO
THE  AUTHORITY  PURSUANT  TO  PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE
APPLIED BY THE AUTHORITY IN THE ORDER OF PRIORITY IN WHICH  THE  AMOUNTS
SET FORTH IN SUCH CERTIFICATION ARE STATED IN THIS PARAGRAPH.
  S  5.  For  the purposes of paragraphs (b) and (c) of subdivision 3 of
section 1680-q of the public authorities law, as added by  section  four
of this act, the dormitory authority shall, within thirty days after the
date  on  which this act shall become effective, make and deliver to the
commissioner of taxation and finance and the  state  university  of  New
York  a  certification  in the form and substance required by such para-
graph (c) with respect to amounts required for the items specified ther-
ein during the period from the effective date of this act to and includ-
ing the thirtieth day of June, 2013,  and,  if  this  act  shall  become
effective after the first day of June, 2013, for the twelve month period
commencing  the  first day of July, 2013, to and including the thirtieth
day of June, 2014. No money shall be paid by the commissioner  of  taxa-
tion  and  finance  out  of  the  dormitory facility revenue fund except
unless and until such commissioner has  received  the  certification  or
certifications required by this section.
  S 6. This act shall take effect immediately.

                                 PART C

  Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
implementing  the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital  matching  grant
program  for  independent colleges, as amended by section 1 of part H of
chapter 57 of the laws of 2012, is amended to read as follows:
  (a) The New York state higher education capital matching  grant  board
is  hereby  created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital  matching  grant  program  from  the
effective  date  of  this  section through March 31, [2013] 2014, or the
date on which the last of the funds  available  for  grants  under  this
section  shall  have  been  disbursed,  whichever  is earlier; provided,
however, that the termination of the existence of the  board  shall  not
affect the power and authority of the dormitory authority to perform its
obligations  with  respect  to  any  bonds, notes, or other indebtedness
issued or incurred pursuant to authority granted in this section.
  S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the  New  York state higher education capital matching grant program
for independent colleges, as amended by section 2 of part H  of  chapter
57 of the laws of 2012, is amended to read as follows:
  (h)  [If  a  college did not apply for a potential grant] IN THE EVENT
THAT ANY COLLEGES DO NOT APPLY FOR  HIGHER  EDUCATION  CAPITAL  MATCHING
GRANTS  by  March  31,  2009,  OR  IN  THE  EVENT THEY APPLY FOR AND ARE
AWARDED, BUT DO NOT USE THE FULL AMOUNT OF SUCH GRANTS, THE UNUSED funds
associated with  such  [potential  grant]  GRANTS  shall  THEREAFTER  be
awarded[,]  TO  COLLEGES  on  a  competitive basis, [to other colleges,]
according to the priorities set forth below. [Colleges]  NOTWITHSTANDING
SUBDIVISION FIVE OF THIS SECTION, ANY COLLEGE shall be eligible to apply
for  [unutilized  grants] SUCH UNUSED FUNDS IN RESPONSE TO A REQUEST FOR

S. 2607--A                         32                         A. 3007--A

PROPOSALS FOR A HIGHER EDUCATION CAPITAL MATCHING GRANT PURSUANT TO THIS
PARAGRAPH.  In such cases, the following priorities shall apply:  first,
priority shall be given to otherwise eligible colleges that either were,
or would have been, deemed ineligible for the program prior to March 31,
2009,  due  to  missed  deadlines,  insufficient matching funds, lack of
accreditation or other disqualifying  reasons;  and  second,  after  the
board  has  acted  upon  all such first-priority applications for unused
funds, if any such funds remain, those  funds  shall  be  available  for
distribution  to  eligible  colleges  [that  are located within the same
Regents of the State of New  York  region  for  which  such  funds  were
originally  allocated].   THE UNUSED FUNDS ASSOCIATED WITH HIGHER EDUCA-
TION CAPITAL MATCHING GRANTS THAT WERE AVAILABLE IN THE  FIRST  INSTANCE
TO  COLLEGES AND UNIVERSITIES LOCATED IN THE COUNTIES OF NASSAU, SUFFOLK
AND IN THE CITY OF NEW YORK, SHALL BE AWARDED PURSUANT TO THIS PARAGRAPH
TO COLLEGES IN THE COUNTIES OF NASSAU AND SUFFOLK AND THE  CITY  OF  NEW
YORK,  AND THE UNUSED FUNDS ASSOCIATED WITH SUCH GRANTS THAT WERE AVAIL-
ABLE IN THE FIRST INSTANCE TO COLLEGES OUTSIDE THE COUNTIES  OF  NASSAU,
SUFFOLK AND THE CITY OF NEW YORK SHALL BE AWARDED PURSUANT TO THIS PARA-
GRAPH  TO  COLLEGES  LOCATED OUTSIDE THE COUNTIES OF NASSAU, SUFFOLK AND
THE CITY OF NEW YORK. The dormitory authority shall  develop  a  request
for  proposals  and application process, in consultation with the board,
for [such] HIGHER EDUCATION CAPITAL MATCHING grants AWARDED PURSUANT  TO
THIS  PARAGRAPH,  and  shall  develop criteria, subject to review by the
board, for the awarding of such grants. Such  criteria  shall  [incorpo-
rate]  INCLUDE, BUT NOT BE LIMITED TO the matching criteria contained in
paragraph (c) of this subdivision,  and  the  application  criteria  set
forth  in  paragraph  (e)  of  this subdivision. The dormitory authority
shall require all applications in response to the request for  proposals
to  be submitted by September 1, [2012] 2013, and the board shall act on
each application for such matching grants by November 1, [2012] 2013.
  S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law and other laws implementing the state fiscal plan for the  2005-2006
state fiscal year, relating to the New York state higher education capi-
tal  matching  grant  program  for  independent  colleges, as amended by
section 3 of part H of chapter 57 of the laws of  2012,  is  amended  to
read as follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary,  and  subject  to  the provisions of chapter 59 of the laws of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er education capital matching grants, the  director  of  the  budget  is
authorized  in  any  state  fiscal  year commencing April 1, 2005 or any
state fiscal year thereafter for a period ending  on  March  31,  [2014]
2015,  to  enter into one or more service contracts, none of which shall
exceed 30 years in duration, with the  dormitory  authority,  upon  such
terms as the director of the budget and the dormitory authority agree.
  S  4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005 amending the labor law and other laws  implement-
ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
to the New York state higher education matching  capital  grant  program
for  independent  colleges, as amended by section 4 of part H of chapter
57 of the laws of 2012, is amended to read as follows:
  (b) Any eligible institution receiving a grant pursuant to this  arti-
cle shall report to the dormitory authority no later than June 1, [2013]
2014,  on  the use of funding received and its programmatic and economic

S. 2607--A                         33                         A. 3007--A

impact. The dormitory authority shall submit  a  report  no  later  than
November  1, [2013] 2014 to the board, the governor, the director of the
budget, the temporary president of the senate, and the  speaker  of  the
assembly  on the aggregate impact of the higher education matching capi-
tal grant program. Such report shall provide information on the progress
and economic impact of such project.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART D

  Section  1.  Subdivision  1  of  section  6304 of the education law is
amended by adding two new paragraphs b-1 and b-2 to read as follows:
  B-1. (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
COMMUNITY COLLEGE FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND  FOUR-
TEEN AND THEREAFTER, ENROLLMENT IN A PROGRAM THAT CONFERS A CREDIT-BEAR-
ING  CERTIFICATE,  AN  ASSOCIATE  OF  OCCUPATIONAL STUDIES DEGREE, OR AN
ASSOCIATE OF APPLIED SCIENCE DEGREE, SHALL ONLY COUNT AS AIDABLE COLLEGE
ENROLLMENT IF:
  (A) THE PROGRAM IS A PARTNERSHIP BETWEEN THE COMMUNITY COLLEGE AND ONE
OR MORE EMPLOYERS TO TRAIN AND EMPLOY STUDENTS IN A SPECIFIC OCCUPATION;
OR
  (B) THE PROGRAM (1) PREPARES STUDENTS FOR  AN  OCCUPATION  THAT  MEETS
CURRENT OR EMERGING REGIONAL WORKFORCE NEEDS BASED ON A LIST PROVIDED BY
THE  DEPARTMENT OF LABOR BASED ON AVAILABLE LABOR MARKET DATA OR IDENTI-
FIED AS SUCH BY THE APPLICABLE REGIONAL  ECONOMIC  DEVELOPMENT  COUNCIL,
AND (2) HAS AN ADVISORY COMMITTEE MADE UP OF MEMBERS OF WHOM THE MAJORI-
TY  ARE EMPLOYERS IN THE OCCUPATION OR SECTOR, OR A RELATED SECTOR, THAT
EMPLOY OR COMMIT TO EMPLOY WORKERS IN THE  REGION  WHERE  THE  COMMUNITY
COLLEGE  IS  LOCATED,  AND SUCH COMMITTEE SERVES TO ADVISE THE COMMUNITY
COLLEGE ON THE PROGRAM'S CURRICULUM, RECRUITMENT, PLACEMENT  AND  EVALU-
ATION SO THAT IT REMAINS UP-TO-DATE WITH EMPLOYER NEEDS.
  (II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, ENROLLMENT IN
PROGRAMS  THAT FAIL TO MEET THE REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL COUNT IN THE DETERMINATION OF AIDABLE COLLEGE ENROLLMENT
IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND  FOURTEEN  COMMUNITY  COLLEGE
FISCAL  YEAR  ONLY  TO  THE  EXTENT  A  STUDENT WAS ENROLLED IN THE SAME
PROGRAM AND WAS COUNTED IN THE DETERMINATION OF AIDABLE COLLEGE  ENROLL-
MENT DURING, OR PRIOR TO, THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
COMMUNITY COLLEGE FISCAL YEAR.
  (III)  ON  OR BEFORE NOVEMBER FIRST OF EACH YEAR, THE STATE UNIVERSITY
TRUSTEES AND THE CITY UNIVERSITY TRUSTEES SHALL EACH SUBMIT A REPORT  TO
THE  DIRECTOR  OF THE BUDGET FOR PURPOSES OF DETERMINING AMOUNTS PAYABLE
TO COMMUNITY COLLEGES. SUCH REPORT SHALL INCLUDE AN ACCOUNTING OF  AIDA-
BLE  COLLEGE  ENROLLMENT AS DETERMINED IN ACCORDANCE WITH THIS PARAGRAPH
FOR PROGRAMS THAT CONFER CREDIT-BEARING CERTIFICATES, ASSOCIATE OF OCCU-
PATIONAL STUDIES DEGREES, OR ASSOCIATE OF APPLIED  SCIENCE  DEGREES,  IN
SUCH  A  FORM  AND  MANNER  AS THE DIRECTOR OF THE BUDGET MAY REQUIRE TO
VERIFY COMPLIANCE WITH SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH  AND
APPROVE  OR DENY PAYMENT FOR SUCH PROGRAMS THEREOF; AND PROVIDED FURTHER
THAT, PRIOR TO SUBMITTING SUCH REPORTS,  THE  CHANCELLOR  OF  THE  STATE
UNIVERSITY  OF NEW YORK AND THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW
YORK SHALL ASSIST THE DIRECTOR OF THE BUDGET IN AN EVALUATION OF WHETHER
THERE ARE ADDITIONAL WORKFORCE AND VOCATIONAL  PROGRAMS  THAT  SHALL  BE
CONSIDERED  IN  FUTURE  YEARS FOR THE PURPOSE OF MAKING NECESSARY CALCU-
LATIONS PURSUANT TO THIS PARAGRAPH AND PARAGRAPH B-2 OF THIS SECTION.

S. 2607--A                         34                         A. 3007--A

  B-2. (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  WITHIN
AMOUNTS APPROPRIATED THEREFOR, THE STATE UNIVERSITY OF NEW YORK AND CITY
UNIVERSITY  OF  NEW  YORK SHALL MAKE AWARDS TO COMMUNITY COLLEGES FROM A
NEXT GENERATION NY JOB LINKAGE PROGRAM  INCENTIVE  FUND  ON  A  PRO-RATA
BASIS  IN  ACCORDANCE WITH A METHODOLOGY AND IN A FORM AND MANNER DEVEL-
OPED BY THE DIRECTOR OF THE  BUDGET,  IN  CONSULTATION  WITH  THE  STATE
UNIVERSITY AND CITY UNIVERSITY, BASED ON MEASURES OF STUDENT SUCCESS FOR
ALL STUDENTS ENROLLED IN PROGRAMS THAT MEET THE REQUIREMENTS OF SUBPARA-
GRAPH (I) OF PARAGRAPH B-1 OF THIS SUBDIVISION INCLUDING, BUT NOT LIMIT-
ED TO:
  (A)  THE  NUMBER  OF  STUDENTS  WHO  ARE  EMPLOYED FOLLOWING DEGREE OR
CERTIFICATE COMPLETION AND THEIR WAGE GAINS, IF ANY,  AS  DETERMINED  BY
THE  DEPARTMENT  OF  LABOR,  WHICH SHALL BE GIVEN THE GREATEST WEIGHTING
AMONG ALL MEASURES OF STUDENT SUCCESS;
  (B) THE NUMBER OF  ON-TIME  DEGREE  COMPLETIONS,  ON-TIME  CERTIFICATE
COMPLETIONS AND STUDENT TRANSFERS TO OTHER INSTITUTIONS OF HIGHER EDUCA-
TION;
  (C) THE NUMBER OF DEGREES AND CERTIFICATE COMPLETIONS THAT DO NOT MEET
THE  ON-TIME  REQUIREMENT OF CLAUSE (B) OF THIS SUBPARAGRAPH WHICH SHALL
BE GIVEN LESSER WEIGHT THAN CLAUSE (B);
  (D) THE NUMBER OF DEGREE AND CERTIFICATE COMPLETIONS UNDER CLAUSES (B)
AND (C) OF  THIS  SUBPARAGRAPH  BY  A  STUDENT  CONSIDERED  ACADEMICALLY
AT-RISK  DUE TO ECONOMIC DISADVANTAGE OR OTHER FACTOR OF UNDER-REPRESEN-
TATION WITHIN THE FIELD OF STUDY; AND
  (E)  THE  NUMBER  OF  STUDENTS  WHO  MAKE  ADEQUATE  PROGRESS  TOWARDS
COMPLETION  OF  A  DEGREE  OR CERTIFICATE, WHICH MAY INCLUDE ACCELERATED
COMPLETION OF A DEVELOPMENTAL EDUCATION PROGRAM.
  (II) ON OR BEFORE DECEMBER FIRST OF EACH YEAR, OR AN ALTERNATIVE  DATE
AS  DETERMINED  BY  THE  DIRECTOR OF THE BUDGET IN CONSULTATION WITH THE
STATE UNIVERSITY AND CITY UNIVERSITY, THE STATE UNIVERSITY TRUSTEES  AND
THE  CITY  UNIVERSITY  TRUSTEES SHALL EACH SUBMIT A PLAN FOR APPROVAL BY
THE DIRECTOR OF THE BUDGET TO ALLOCATE AMOUNTS AVAILABLE  FOR  THE  NEXT
GENERATION NY JOB LINKAGE PROGRAM INCENTIVE FUND IN ACCORDANCE WITH THIS
PARAGRAPH.
  S 2. This act shall take effect immediately.

                                 PART E

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  C  of  chapter  57  of  the  laws  of 2012, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal to at least [$135.00] $137.00 for each month beginning on or after
January first, two thousand [twelve] THIRTEEN.
  (b)  in  the  case  of  each individual receiving residential care, an
amount equal to at least [$155.00] $158.00 for each month  beginning  on
or after January first, two thousand [twelve] THIRTEEN.
  (c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at  least  [$184.00]  $187.00  for  each  month
beginning on or after January first, two thousand [twelve] THIRTEEN.
  (d)  for  the period commencing January first, two thousand [thirteen]
FOURTEEN, the monthly personal needs allowance shall be an amount  equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:

S. 2607--A                         35                         A. 3007--A

  (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
subdivision; and
  (2)  the  amount  in subparagraph one of this paragraph, multiplied by
the percentage of any  federal  supplemental  security  income  cost  of
living adjustment which becomes effective on or after January first, two
thousand  [thirteen] FOURTEEN, but prior to June thirtieth, two thousand
[thirteen] FOURTEEN, rounded to the nearest whole dollar.
  S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
section  209 of the social services law, as amended by section 2 of part
C of chapter 57 of the laws of 2012, are amended to read as follows:
  (a) On and after January first, two thousand [twelve] THIRTEEN, for an
eligible individual living alone, [$785.00] $797.00; and for an eligible
couple living alone, [$1152.00] $1170.00.
  (b) On and after January first, two thousand [twelve] THIRTEEN, for an
eligible individual living with others with or without  in-kind  income,
[$721.00] $733.00; and for an eligible couple living with others with or
without in-kind income, [$1094.00] $1112.00.
  (c)  On  and  after January first, two thousand [twelve] THIRTEEN, (i)
for an eligible individual receiving family care, [$964.48]  $976.48  if
he  or  she is receiving such care in the city of New York or the county
of Nassau, Suffolk, Westchester or Rockland; and (ii)  for  an  eligible
couple  receiving  family  care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other  county  in  the  state,  [$926.48]
$938.48;  and  (iv)  for  an  eligible couple receiving such care in any
other county in the state, two times the amount set  forth  in  subpara-
graph (iii) of this paragraph.
  (d)  On  and  after January first, two thousand [twelve] THIRTEEN, (i)
for  an  eligible  individual  receiving  residential  care,  [$1133.00]
$1145.00  if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
eligible  couple  receiving  residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care  in  any  other  county  in  the
state,  [$1103.00]  $1115.00;  and (iv) for an eligible couple receiving
such care in any other county in the state, two  times  the  amount  set
forth in subparagraph (iii) of this paragraph.
  (e)  (i)  On  and after January first, two thousand [twelve] THIRTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
[$1392.00]  $1404.00; and (ii) for an eligible couple receiving enhanced
residential care, two times the amount set forth in subparagraph (i)  of
this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision  shall  be  increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which  become
effective  on  or  after January first, two thousand [thirteen] FOURTEEN
but prior to June thirtieth, two thousand [thirteen] FOURTEEN.
  S 3. This act shall take effect December 31, 2013.

                                 PART F

  Section 1. Title 1 of article  2-A  of  the  social  services  law  is
REPEALED.

S. 2607--A                         36                         A. 3007--A

  S  2. The private housing finance law is amended by adding a new arti-
cle 28 to read as follows:
                               ARTICLE 28
                 HOMELESS HOUSING AND ASSISTANCE PROGRAM
SECTION 1223. LEGISLATIVE FINDINGS AND PURPOSE.
        1224. DEFINITIONS.
        1225. HOMELESS HOUSING AND ASSISTANCE CONTRACTS.
        1226. GENERAL AND ADMINISTRATIVE PROVISIONS.
  S 1223. LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS
THAT  THE  NEED  CONTINUES  TO  EXIST FOR A PROGRAM TO PROVIDE MONIES TO
NOT-FOR-PROFIT  CORPORATIONS,  CHARITABLE  ORGANIZATIONS,  WHOLLY  OWNED
SUBSIDIARIES  OF  NOT-FOR-PROFIT CORPORATIONS OR OF CHARITABLE ORGANIZA-
TIONS,  PUBLIC  CORPORATIONS  AND  MUNICIPALITIES  TO  DEVELOP,  EXPAND,
PRESERVE  AND IMPROVE THE SUPPLY OF SHELTER AND OTHER SUPPORTIVE HOUSING
ARRANGEMENTS FOR HOMELESS PERSONS. THIS PROGRAM SHALL NOW BE OVERSEEN BY
THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL,  THE  STATE  AGENCY
THAT   HAS   PRIMARY   RESPONSIBILITY   FOR  AND  EXPERTISE  IN  CAPITAL
CONSTRUCTION AND ASSET MANAGEMENT. THE STATE  DIVISION  OF  HOUSING  AND
COMMUNITY  RENEWAL, IN CONJUNCTION WITH THE HOMELESS HOUSING AND ASSIST-
ANCE CORPORATION, SHALL CONSULT WITH THE OFFICE OF TEMPORARY  AND  DISA-
BILITY ASSISTANCE, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM
AND  SUBSTANCE  ABUSE SERVICES AND SUCH OTHER APPROPRIATE AGENCIES AS IT
MAY DEEM NECESSARY IN ORDER TO EFFECTUATE THE PURPOSES OF THIS  ARTICLE.
IN  ADDITION,  THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL
CONSULT WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE IN REGARD
TO THE REVIEW OF THE COMPONENTS OF PROPOSED PROJECT OPERATING  PLANS  AS
REFERENCED IN PARAGRAPHS (B), (C) AND (D) OF SUBDIVISION FOUR OF SECTION
TWELVE HUNDRED TWENTY-FIVE OF THIS ARTICLE.
  S  1224.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE  CONTEXT  CLEARLY  REQUIRES
OTHERWISE:
  1. "CORPORATION" SHALL MEAN THE HOMELESS HOUSING AND ASSISTANCE CORPO-
RATION ESTABLISHED IN SECTION FORTY-FIVE-C OF THIS CHAPTER.
  2. "HOMELESS PROJECT" SHALL MEAN A SPECIFIC FACILITY, INCLUDING LANDS,
BUILDINGS AND IMPROVEMENTS ACQUIRED, CONSTRUCTED, RENOVATED OR REHABILI-
TATED AND OPERATED BY A NOT-FOR-PROFIT CORPORATION, CHARITABLE ORGANIZA-
TION,  WHOLLY  OWNED  SUBSIDIARY OF A NOT-FOR-PROFIT CORPORATION OR OF A
CHARITABLE  ORGANIZATION,  PUBLIC  CORPORATION  OR  A  MUNICIPALITY   TO
INCREASE THE AVAILABILITY OF HOUSING FOR HOMELESS PERSONS, WHICH (A) MAY
INCLUDE  FACILITIES  FOR  ASSOCIATED SERVICES SUCH AS BUT NOT LIMITED TO
DINING,  RECREATIONAL,  SANITARY,  SOCIAL,  MEDICAL  AND  MENTAL  HEALTH
SERVICES  AS  MAY BE DEEMED BY THE CORPORATION TO BE ESSENTIAL TO SUCH A
PROJECT; AND (B) MUST PROVIDE DIRECTLY OR ARRANGE INDIRECTLY  SUPPORTIVE
SERVICES,  AS  DEEMED  BY THE CORPORATION TO BE APPROPRIATE TO THE POPU-
LATION TO BE HOUSED AND ESSENTIAL TO SUCH A PROJECT.
  3. "HOMELESS PERSON" SHALL MEAN A PERSON OR FAMILY WHO  IS  UNABLE  TO
SECURE  PERMANENT  AND  STABLE  HOUSING  WITHOUT  SPECIAL ASSISTANCE, AS
DETERMINED BY THE CORPORATION.
  4. "PROJECT COST" SHALL MEAN THE  COST  OF  ANY  OR  ALL  UNDERTAKINGS
NECESSARY   FOR   PLANNING,  FINANCING,  LAND  ACQUISITION,  DEMOLITION,
CONSTRUCTION, REHABILITATION, EQUIPMENT, FURNITURE AND SITE DEVELOPMENT.
  5. "OTHER THAN PROJECT COST" SHALL MEAN COSTS ASSOCIATED WITH SUSTAIN-
ING THE LONG-TERM VIABILITY OF THE PROJECT, INCLUDING, BUT  NOT  LIMITED
TO  STARTUP  COSTS, RESERVES, EMERGENT REPAIR NEEDS AND RELATED COSTS TO
THE CORPORATION OF STABILIZING OPERATING PROJECTS,  AS  MAY  BE  FURTHER

S. 2607--A                         37                         A. 3007--A

DEFINED  IN  THE  REGULATIONS  AND  SUBJECT TO THE LIMITATIONS STATED IN
SUBDIVISION NINE OF SECTION TWELVE HUNDRED TWENTY-FIVE OF THIS ARTICLE.
  6.  "NOT-FOR-PROFIT  CORPORATION"  AND "CHARITABLE ORGANIZATION" SHALL
MEAN ENTITIES ESTABLISHED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW
OR OTHERWISE ESTABLISHED PURSUANT TO LAW.
  7. "PUBLIC CORPORATION" SHALL MEAN A MUNICIPAL CORPORATION, A DISTRICT
CORPORATION, OR A PUBLIC BENEFIT CORPORATION.
  S 1225. HOMELESS HOUSING  AND  ASSISTANCE  CONTRACTS.  1.  WITHIN  THE
LIMITS  OF  FUNDS  APPROPRIATED  FOR THE HOMELESS HOUSING AND ASSISTANCE
PROGRAM, THE CORPORATION IS AUTHORIZED  TO  ENTER  INTO  CONTRACTS  WITH
MUNICIPALITIES  TO  PROVIDE  STATE  FINANCIAL ASSISTANCE FOR THE PROJECT
COSTS ATTRIBUTABLE TO THE ESTABLISHMENT OF  HOMELESS  HOUSING  PROJECTS.
THE  MUNICIPALITIES THAT ENTER INTO CONTRACTS WITH THE CORPORATION SHALL
UNDERTAKE THE ESTABLISHMENT OF THE HOMELESS  HOUSING  PROJECT  OR  SHALL
CONTRACT WITH A NOT-FOR-PROFIT CORPORATION OR CHARITABLE ORGANIZATION TO
UNDERTAKE THE PROJECT, PURSUANT TO THIS ARTICLE.
  2.  SUBJECT  TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE CORPO-
RATION IS AUTHORIZED TO ENTER INTO CONTRACTS WITH NOT-FOR-PROFIT  CORPO-
RATIONS  OR  SUBSIDIARIES  THEREOF,  PUBLIC  CORPORATIONS  OR CHARITABLE
ORGANIZATIONS OR SUBSIDIARIES THEREOF TO PROVIDE STATE FINANCIAL ASSIST-
ANCE FOR THE PROJECT COSTS ATTRIBUTABLE TO THE ESTABLISHMENT OF HOMELESS
PROJECTS.
  3. THE STATE FINANCIAL ASSISTANCE SHALL BE  IN  THE  FORM  OF  GRANTS,
LOANS  OR  LOAN  GUARANTEES, AS THE CORPORATION MAY DETERMINE; PROVIDED,
HOWEVER, THAT FINANCIAL ASSISTANCE TO A FOR-PROFIT SUBSIDIARY OF A  NOT-
FOR-PROFIT  CORPORATION  OR  OF A CHARITABLE ORGANIZATION MUST BE IN THE
FORM OF A LOAN OR LOAN GUARANTEE. ANY LOAN TO  A  FOR-PROFIT  SUBSIDIARY
SHALL BE REPAID UNDER SUCH TERMS AS WILL PROTECT THE FINANCIAL VIABILITY
OF  THE PROJECT.  SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET,
THE CORPORATION MAY CONTRACT WITH OTHER STATE AGENCIES,  PUBLIC  BENEFIT
CORPORATIONS  OR PRIVATE INSTITUTIONS TO ADMINISTER A LOAN OR LOAN GUAR-
ANTEE PROGRAM PURSUANT TO REGULATIONS TO BE PROMULGATED  BY  THE  CORPO-
RATION.
  4.  THE  CORPORATION  SHALL  REQUIRE  THAT,  IN ORDER TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, THE MUNICIPALITY,  NOT-FOR-PROFIT  CORPORATION
OR  SUBSIDIARY THEREOF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR
SUBSIDIARY THEREOF MUST  SUBMIT  AN  OPERATING  PLAN.  SUCH  PLAN  SHALL
INCLUDE:
  (A) THE MANNER IN WHICH THE OPERATING EXPENSES OF THE PROJECT SHALL BE
MET;
  (B)  THE SERVICES THAT WILL BE PROVIDED TO HOMELESS PERSONS, INCLUDING
PROCEDURES FOR INTAKE, REFERRAL AND OUTREACH;
  (C) THE RESPONSIBILITIES  OF  THE  MUNICIPALITY  AND  SOCIAL  SERVICES
DISTRICT FOR THE OPERATION OF THE PROJECT;
  (D) THE SPECIFIC POPULATION THAT WILL BE SERVED BY THE PROJECT AND HOW
THE PROJECT WILL ADDRESS THE POPULATION'S SPECIAL NEEDS;
  (E) THE CATEGORY OF FACILITY PROPOSED TO BE ESTABLISHED;
  (F)  EVIDENCE  DEMONSTRATING THAT SUCH PROJECT COMPLIES OR WILL COMPLY
WITH EXISTING LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS; AND
  (G) A RENT OR OTHER REVENUE STRUCTURE THAT IS AFFORDABLE TO THE  POPU-
LATION TO BE HOUSED.
  5.  THE CORPORATION MAY USE UP TO TWO PERCENT OF THE APPROPRIATION FOR
ANY FISCAL YEAR TO PAY FOR TECHNICAL ASSISTANCE IN  SUPPORT  OF  PROJECT
DEVELOPMENT  AND  OPERATION. TECHNICAL ASSISTANCE MAY INCLUDE ASSISTANCE
WITH GENERAL PROJECT DEVELOPMENT AND OPERATION, SUPPORT SERVICES  DEVEL-
OPMENT,  ARCHITECTURE  AND  ENGINEERING,  LEGAL  SERVICES  AND FINANCIAL

S. 2607--A                         38                         A. 3007--A

SERVICES AND MAY BE PROVIDED BY INDIVIDUALS AND NOT-FOR-PROFIT OR  BUSI-
NESS CORPORATIONS. THE PROVIDERS OF TECHNICAL ASSISTANCE SHALL BE CHOSEN
BY  THE  CORPORATION  BASED ON SUCH INFORMATION AS THE CORPORATION SHALL
REQUIRE  IN  A REQUEST FOR PROPOSALS OR IN ANY OTHER COMPETITIVE PROCESS
WHICH SATISFIES THE PROVISIONS OF THE STATE FINANCE LAW.
  6. PRIOR TO ENTERING INTO A CONTRACT FOR THE ESTABLISHMENT AND  OPERA-
TION  OF  A  HOMELESS  PROJECT PURSUANT TO THIS SECTION, THE CORPORATION
SHALL DETERMINE THAT THE NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THERE-
OF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY  THEREOF
THAT PROPOSES TO UNDERTAKE THE HOMELESS PROJECT IS A BONA FIDE ORGANIZA-
TION  WHICH  SHALL  HAVE DEMONSTRATED BY ITS PAST AND CURRENT ACTIVITIES
THAT IT  HAS  THE  ABILITY  TO  MAINTAIN,  MANAGE  OR  OPERATE  HOMELESS
PROJECTS,  THAT  THE  ORGANIZATION  IS FINANCIALLY RESPONSIBLE, THAT THE
PROPOSED PROJECT IS FINANCIALLY VIABLE AND THAT  THE  PROJECT  PLAN  HAS
BEEN  DETERMINED  TO BE APPROPRIATE FOR THE NEEDS OF THE HOMELESS IN THE
RELEVANT COMMUNITY.
  7. EVERY CONTRACT ENTERED INTO FOR THE ESTABLISHMENT AND OPERATION  OF
A  HOMELESS  PROJECT  PURSUANT TO THIS ARTICLE SHALL CONTAIN A PROVISION
THAT IN THE EVENT THE PROPERTY WHICH IS THE  SUBJECT  OF  SUCH  CONTRACT
CEASES  TO  BE  USED  AS A HOMELESS PROJECT DURING A FIFTEEN-YEAR PERIOD
COMMENCING WITH THE DATE OF THE CORPORATION'S WRITTEN APPROVAL OF  OCCU-
PANCY  OF  THE HOMELESS PROJECT, OR SUCH LONGER PERIOD OF TIME AS MAY BE
ESTABLISHED IN THE  CONTRACT,  OR  IN  CASE  OF  ANY  OTHER  SUBSTANTIAL
VIOLATION,  THE  CORPORATION  MAY TERMINATE THE CONTRACT AND MAY REQUIRE
THE REPAYMENT OF ANY MONEYS PREVIOUSLY  ADVANCED  TO  THE  MUNICIPALITY,
NOT-FOR-PROFIT  CORPORATION OR SUBSIDIARY THEREOF, PUBLIC CORPORATION OR
CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF PURSUANT TO THE  TERMS  OF
SUCH CONTRACT. WHERE THE MUNICIPALITY HAS ENTERED INTO A CONTRACT WITH A
NOT-FOR-PROFIT  CORPORATION OR SUBSIDIARY THEREOF, PUBLIC CORPORATION OR
CHARITABLE ORGANIZATION OR  SUBSIDIARY  THEREOF,  THE  CORPORATION  MAY,
PURSUANT  TO  THIS  SUBDIVISION, REQUIRE THAT THE MUNICIPALITY TERMINATE
THE CONTRACT WITH SUCH CORPORATION. ANY MONEY REPAID  PURSUANT  TO  THIS
SUBDIVISION  SHALL  BE  RETURNED  TO THE HOMELESS HOUSING AND ASSISTANCE
ACCOUNT.
  8. EACH CONTRACT ENTERED INTO FOR THE ESTABLISHMENT AND OPERATION OF A
HOMELESS PROJECT PURSUANT TO  THIS  ARTICLE  SHALL  BE  SUBJECT  TO  THE
APPROVAL  OF THE DIRECTOR OF THE BUDGET AND SHALL PROVIDE FOR PAYMENT TO
THE MUNICIPALITY,  NOT-FOR-PROFIT  CORPORATION  OR  SUBSIDIARY  THEREOF,
PUBLIC  CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF FOR
THE PROJECT COSTS RELATED TO THE HOMELESS PROJECT TO BE  ESTABLISHED  BY
IT, PURSUANT TO A PAYMENT SCHEDULE.  THE FULL AMOUNT OF THE CONTRACT, OR
ANY  APPROPRIATE  PORTION  THEREOF, AS DETERMINED BY THE CORPORATION AND
SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL  BE  AVAIL-
ABLE  FOR  PAYMENT  AT  ANY  TIME  ON OR AFTER THE EFFECTIVE DATE OF THE
CONTRACT.
  9. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  ARTICLE,  THE  CORPO-
RATION MAY, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, ENTER
INTO  CONTRACTS  TO  PROVIDE FINANCIAL ASSISTANCE FOR OTHER THAN PROJECT
COSTS WHERE SUCH FINANCIAL ASSISTANCE CAN BE DEMONSTRATED TO  BE  NECES-
SARY; PROVIDED, HOWEVER, THAT NO MORE THAN TWENTY-FIVE PER CENTUM OF THE
TOTAL AMOUNT APPROPRIATED FOR THE PURPOSES OF THIS ARTICLE IN ANY FISCAL
YEAR  SHALL  BE  ALLOCATED IN CONTRACTS FOR OTHER THAN PROJECT COSTS. IN
DETERMINING WHETHER FINANCIAL ASSISTANCE FOR OTHER THAN PROJECT COSTS IS
NECESSARY, THE CORPORATION SHALL CONSIDER THE  PROPOSED  PROJECT'S  PLAN
FOR  MEETING  OPERATING  EXPENSES,  THE  EFFORTS MADE BY THE CONTRACTING
ORGANIZATIONS TO SECURE ALTERNATIVE SOURCES OF FUNDING  FOR  OTHER  THAN

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PROJECT  COSTS,  AND  SUCH  OTHER  FACTORS AS THE CORPORATION SHALL DEEM
APPROPRIATE.
  10.  THE MUNICIPALITY, NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THERE-
OF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY  THEREOF
SEEKING  FINANCIAL  ASSISTANCE  PURSUANT  TO  THIS ARTICLE SHALL, WITHIN
THIRTY DAYS OF ITS APPLICATION FOR SUCH  ASSISTANCE,  NOTIFY  THE  LOCAL
PLANNING  BOARD,  AS DEFINED BY SECTION TWENTY-SEVEN OF THE GENERAL CITY
LAW, SECTION TWO HUNDRED SEVENTY-ONE OF THE TOWN LAW, OR  SECTION  7-718
OF  THE  VILLAGE  LAW,  APPROPRIATE FOR THE GEOGRAPHIC AREA IN WHICH THE
PROPOSED HOMELESS PROJECT WOULD BE LOCATED, AND SHALL PROVIDE SUCH BOARD
WITH INFORMATION REGARDING THE PROPOSED HOMELESS PROJECT.
  S 1226. GENERAL AND  ADMINISTRATIVE  PROVISIONS.  1.  THE  CORPORATION
SHALL  ISSUE AND PROMULGATE RULES AND REGULATIONS FOR THE ADMINISTRATION
OF THIS ARTICLE. THE RULES AND  REGULATIONS  SHALL  PROVIDE  THAT  STATE
FINANCIAL  ASSISTANCE  PURSUANT  TO  THIS  ARTICLE WILL NOT BE AVAILABLE
UNLESS AN APPLICATION HAS BEEN FILED BY THE MUNICIPALITY, NOT-FOR-PROFIT
CORPORATION OR SUBSIDIARY  THEREOF,  PUBLIC  CORPORATION  OR  CHARITABLE
ORGANIZATION  OR  SUBSIDIARY THEREOF PURSUANT TO A REQUEST FOR PROPOSALS
ISSUED BY THE CORPORATION.  THE  RULES  AND  REGULATIONS  SHALL  INCLUDE
PROVISIONS  CONCERNING  ELIGIBILITY  OF  MUNICIPALITIES  AND CONTRACTING
NOT-FOR-PROFIT CORPORATIONS OR SUBSIDIARIES THEREOF, PUBLIC CORPORATIONS
AND CHARITABLE ORGANIZATIONS OR SUBSIDIARIES THEREOF FOR STATE FINANCIAL
ASSISTANCE; THE FORM OF THE APPLICATIONS FOR CONTRACTS; FUNDING CRITERIA
AND THE FUNDING DETERMINATION PROCESS; THE FORM OF THE CONTRACTS; SUPER-
VISION AND EVALUATION OF THE CONTRACTING MUNICIPALITIES OR CORPORATIONS;
REPORTING, BUDGETING AND  RECORD-KEEPING  REQUIREMENTS;  PROVISIONS  FOR
MODIFICATION,  TERMINATION, EXTENSION AND RENEWAL OF CONTRACTS; AND SUCH
OTHER MATTERS NOT INCONSISTENT WITH THE PURPOSES AND PROVISIONS OF  THIS
ARTICLE AS THE CORPORATION SHALL DEEM NECESSARY, PROPER OR APPROPRIATE.
  2.  THE  CORPORATION  MAY PROVIDE THAT PREFERENCE BE GIVEN TO CONTRACT
APPLICATIONS THAT (A) INVOLVE OTHER SOURCES OF FUNDS (MUNICIPAL, FEDERAL
OR ANY SOURCE OTHER THAN THE STATE), IN-KIND CONTRIBUTIONS MADE BY  SUCH
SOURCES, OR INVOLVE PROJECTS RECEIVING STATE FINANCIAL ASSISTANCE PURSU-
ANT  TO  CHAPTERS  THREE HUNDRED THIRTY-EIGHT, THREE HUNDRED THIRTY-NINE
AND FIVE HUNDRED FORTY-NINE OF THE LAWS OF NINETEEN HUNDRED  EIGHTY-TWO,
IN  ORDER  TO  MAXIMIZE  THE EFFECT OF STATE FINANCIAL ASSISTANCE OR (B)
INVOLVE INNOVATIVE AND COST-EFFECTIVE HOMELESS PROJECTS  THAT  MAY  HELP
RESOLVE  THE LONG-TERM PROBLEMS OF THE HOMELESS OR (C) INVOLVE THE REHA-
BILITATION OF EXISTING STRUCTURES.
  3. THE CORPORATION SHALL EVALUATE THE NEED FOR  HOMELESS  PROJECTS  IN
VARIOUS AREAS OF THE STATE AND AMONG VARIOUS POPULATIONS, INCLUDING, BUT
NOT  LIMITED  TO,  HOMELESS  MEN,  WOMEN,  FAMILIES,  PERSONS WITH AIDS,
PERSONS WITH SUBSTANCE ABUSE ISSUES AND/OR MENTAL  ILLNESS,  VICTIMS  OF
DOMESTIC  VIOLENCE,  VETERANS,  RUNAWAY  YOUTH,  AS  IDENTIFIED IN LOCAL
ASSESSMENTS OF NEEDS, AND SHALL ALLOCATE FUNDS, TO THE EXTENT  PRACTICA-
BLE, TO MEET THESE NEEDS; PROVIDED, HOWEVER, THAT NO MORE THAN SIXTY PER
CENTUM  OF THE TOTAL AMOUNT APPROPRIATED PURSUANT TO THIS ARTICLE IN ANY
FISCAL YEAR SHALL BE ALLOCATED TO CONTRACTS FOR HOMELESS PROJECTS WITHIN
ANY SINGLE MUNICIPALITY, UNLESS THE CORPORATION DETERMINES THAT IT IS IN
THE BEST INTEREST OF THE STATE IN FURTHERANCE OF THE  PURPOSES  OF  THIS
ARTICLE.
  4.  THE  CORPORATION  SHALL PROVIDE FOR THE REVIEW, AT PERIODIC INTER-
VALS, OF THE PERFORMANCE OF THE  MUNICIPALITIES,  NOT-FOR-PROFIT  CORPO-
RATIONS  OR  SUBSIDIARIES  THEREOF,  PUBLIC  CORPORATIONS AND CHARITABLE
ORGANIZATIONS OR SUBSIDIARIES  THEREOF  RECEIVING  FINANCIAL  ASSISTANCE
PURSUANT TO THIS ARTICLE.  SUCH REVIEW SHALL, AMONG OTHER THINGS, BE FOR

S. 2607--A                         40                         A. 3007--A

THE  PURPOSES  OF ASCERTAINING CONFORMITY TO CONTRACTUAL PROVISIONS, THE
FINANCIAL INTEGRITY AND EFFICIENCY OF THE ORGANIZATIONS AND  THE  EVALU-
ATION  OF  THE  PROJECT. CONTRACTS ENTERED INTO PURSUANT TO THIS ARTICLE
MAY  BE  TERMINATED  BY  THE  CORPORATION  UPON A FINDING OF SUBSTANTIAL
NONPERFORMANCE OR OTHER BREACH BY THE ORGANIZATION  OF  ITS  OBLIGATIONS
UNDER ITS CONTRACT WITH THE MUNICIPALITY.
  5.  THE  CORPORATION  SHALL  REQUIRE  THAT  ALL HOMELESS PROJECTS THAT
RECEIVED FINANCIAL ASSISTANCE PURSUANT TO THIS ARTICLE SHALL COMPLY WITH
ALL REGULATIONS APPLICABLE TO PROJECTS OF THIS TYPE PROMULGATED  BY  THE
CORPORATION AND OTHER MUNICIPAL, STATE AND FEDERAL REGULATIONS AND LAWS.
THE  CORPORATION  MAY  TERMINATE  ANY  CONTRACT  UPON  A  FINDING THAT A
SUBSTANTIAL VIOLATION OF SUCH REGULATIONS OR LAWS  HAS  REMAINED  UNCOR-
RECTED FOR A SUBSTANTIAL PERIOD OF TIME.
  6. ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND FOURTEEN AND ON OR BEFORE
FEBRUARY  FIRST  OF  EACH  YEAR THEREAFTER IN WHICH CONTRACTS UNDER THIS
SECTION ARE IN FORCE, THE CORPORATION SHALL SUBMIT TO THE GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY A
REPORT DETAILING PROGRESS  AND  EVALUATING  RESULTS,  TO  DATE,  OF  THE
PROGRAM.
  7.  NOTWITHSTANDING  THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW, THE
DIRECTOR OF THE BUDGET IS AUTHORIZED TO TRANSFER TO THE HOMELESS HOUSING
AND ASSISTANCE ACCOUNT FUNDS OTHERWISE APPROPRIATED OR REAPPROPRIATED TO
HOUSING AND COMMUNITY RENEWAL FOR THE  FISCAL  YEARS  BEGINNING  ON  AND
AFTER  APRIL  FIRST,  TWO THOUSAND THIRTEEN, IN AN AMOUNT OR AMOUNTS THE
DIRECTOR OF THE BUDGET DETERMINES TO  BE  NECESSARY  TO  CARRY  OUT  THE
PROVISIONS OF THE HOMELESS HOUSING AND ASSISTANCE PROGRAM.
  S  3.  Subdivisions 2, 3, 3-a, 8 and 10 of section 45-c of the private
housing finance law, as added by chapter 215 of the laws  of  1990,  are
amended to read as follows:
  2.  The  agency  may transfer to such subsidiary corporation any real,
personal or mixed property in order to carry out the purposes of  [title
one of article two-A of the social services law] ARTICLE TWENTY-EIGHT OF
THIS CHAPTER. Such subsidiary corporation shall have all the privileges,
immunities,  tax  exemption  and  other  exemptions of the agency to the
extent the same are not inconsistent with this section.
  3. The membership of such subsidiary corporation shall consist of  the
commissioner  of  [social  services]  THE  STATE DIVISION OF HOUSING AND
COMMUNITY RENEWAL, who shall also serve as its chairperson,  the  chair-
person  of  the  agency, THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, THE COMMISSIONER OF THE OFFICE OF  MENTAL  HEALTH
and  [one  additional  member  to be appointed by the chairperson of the
homeless housing and assistance corporation,  who  shall  serve  at  the
pleasure of such chairperson] THE COMMISSIONER OF THE OFFICE OF ALCOHOL-
ISM AND SUBSTANCE ABUSE SERVICES. The powers of the corporation shall be
vested in and exercised by no less than [two] THREE of the members ther-
eof  then  in office. The corporation may delegate to one or more of its
members, or its officers, agents and employees, such duties  and  powers
as it may deem proper.
  3-a.  [The  commissioner  of  social services, and the chairman of the
agency] MEMBERS OF THE CORPORATION may each  appoint  an  individual  to
represent them at all meetings of the corporation from which they may be
absent.  Any  such  representative so designated shall have the power to
attend and to vote at any meeting of the corporation [as if the  commis-
sioner  of social services or chairperson of the agency were present and
voting]. Such designation shall be by  written  notice  filed  with  the
chairperson  of  the  corporation.  The designation of such person shall

S. 2607--A                         41                         A. 3007--A

continue until revoked at any time by  written  notice  to  such  chair-
person.  Such  designation shall not be deemed to limit the power of the
[commissioner of social services  or  the  chairperson  of  the  agency]
MEMBERS  OF  THE  CORPORATION  to  attend and vote at any meeting of the
corporation.
  8. The corporation may do any and all things necessary  or  convenient
to  carry  out and exercise the powers given and granted by this section
and [title one of article two-A of  the  social  services  law]  ARTICLE
TWENTY-EIGHT  OF  THIS CHAPTER including, but not limited to contracting
with the commissioner of [social services] THE STATE DIVISION OF HOUSING
AND COMMUNITY RENEWAL to administer any of the provisions of [title  one
of  article  two-A  of  the social services law] ARTICLE TWENTY-EIGHT OF
THIS CHAPTER.
  10. Notwithstanding the provisions of  article  one-A  of  the  public
authorities  law,  contracts entered into by the corporation pursuant to
[title one of article two-A of the social services law] ARTICLE  TWENTY-
EIGHT  OF THIS CHAPTER shall not be subject to the provisions of article
one-A of the public authorities law.
  S 4. Section 59-i of the private housing  finance  law,  as  added  by
chapter 215 of the laws of 1990, is amended to read as follows:
  S  59-i. Homeless housing and assistance account. The homeless housing
and assistance corporation  created  by  section  forty-five-c  of  this
[chapter]  ARTICLE  shall  create  and establish a special account to be
known as the homeless housing and assistance account and shall pay  into
such  account any moneys which may be made available to such corporation
for the purposes of such account  from  any  source  including  but  not
limited  to moneys appropriated by and made available pursuant to appro-
priation by the state and any income or interest earned by, or increment
to, the account due to the investment thereof. The  moneys  held  in  or
credited  to  the  homeless  housing  and assistance account established
under this section shall be expended solely to carry out the  provisions
of [title one of article two-A of the social services law] ARTICLE TWEN-
TY-EIGHT OF THIS CHAPTER.
  S  5.  This act shall take effect immediately, provided, however, that
the rules and regulations currently in effect,  as  established  by  the
office  of  temporary and disability assistance, shall continue to be in
effect as rules and regulations of the corporation until  superseded  by
rules  and  regulations  issued  by  the homeless housing and assistance
corporation. Enactment of this act shall be deemed a transfer  of  func-
tion pursuant to subdivision 2 of section 70 of the civil service law.

                                 PART G

  Section  1.  Subdivisions 4 and 5 of section 412 of the executive law,
as amended by chapter 182 of the laws of 2002, are amended  to  read  as
follows:
  4. "Municipality" shall mean a county, [city, village, town, that part
of  a  town not included within the boundaries of a village, or a school
district (if approved for such purpose by the commissioner, in instances
where no other municipality, overlapping such school district  in  whole
or  part,  is  receiving state aid pursuant to this article or upon such
other basis as the commissioner shall by regulation determine).  Munici-
pality may mean an Indian reservation, subject to rules and  regulations
of the office] OR A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  5.  "Youth  DEVELOPMENT program" shall mean a ["youth bureau," "recre-
ation project"  or  "youth  service"  project  established  under  prior

S. 2607--A                         42                         A. 3007--A

authorizing  legislation establishing a temporary state youth commission
as well as similar] local [programs] PROGRAM designed to accomplish  the
broad purposes of this article[. The definition, determination and clas-
sification  of  youth  programs  shall  be]  subject to [approval by the
office in accordance with] THE rules and regulations [adopted by it]  OF
THE OFFICE; PROVIDED HOWEVER, THE TERM "YOUTH DEVELOPMENT PROGRAM" SHALL
NOT INCLUDE APPROVED RUNAWAY PROGRAMS OR TRANSITIONAL INDEPENDENT LIVING
SUPPORT PROGRAMS AS SUCH TERMS ARE DEFINED IN SECTION FIVE HUNDRED THIR-
TY-TWO-A OF THIS CHAPTER.
  S 2. Subdivision 1 of section 420 of the executive law is REPEALED and
a new subdivision 1 is added to read as follows:
   1.  A.  (1)  EACH  MUNICIPALITY OPERATING A YOUTH DEVELOPMENT PROGRAM
APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE ELIGIBLE
FOR ONE HUNDRED PERCENT STATE REIMBURSEMENT OF  ITS  QUALIFIED  EXPENDI-
TURES,  SUBJECT TO AVAILABLE APPROPRIATIONS AND EXCLUSIVE OF ANY FEDERAL
FUNDS MADE AVAILABLE THEREFOR, NOT TO EXCEED THE MUNICIPALITY'S DISTRIB-
UTION OF STATE AID UNDER THIS ARTICLE.
  (2) THE STATE AID APPROPRIATED FOR YOUTH DEVELOPMENT PROGRAMS SHALL BE
DISTRIBUTED BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES  TO  ELIGIBLE
MUNICIPALITIES  THAT  HAVE  AN  APPROVED  COMPREHENSIVE PLAN PURSUANT TO
SUBPARAGRAPH TWO OF PARAGRAPH C OF  THIS  SUBDIVISION.  SUCH  STATE  AID
SHALL  BE  LIMITED  TO  THE FUNDS SPECIFICALLY APPROPRIATED THEREFOR AND
SHALL BE BASED ON FACTORS THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
NUMBER OF YOUTH UNDER THE AGE OF TWENTY-ONE RESIDING IN THE MUNICIPALITY
AS SHOWN BY THE LAST PUBLISHED FEDERAL  CENSUS  CERTIFIED  IN  THE  SAME
MANNER AS PROVIDED BY SECTION FIFTY-FOUR OF THE STATE FINANCE LAW.
  (3)  ELIGIBLE  MUNICIPALITIES MAY CLAIM UP TO FIFTEEN PERCENT OF THEIR
DISTRIBUTION FOR THE OPERATION OF A YOUTH BUREAU. THE OFFICE  SHALL  NOT
REIMBURSE ANY CLAIMS UNDER THIS SECTION UNLESS THEY ARE SUBMITTED WITHIN
TWELVE MONTHS OF THE CALENDAR QUARTER IN WHICH THE EXPENDITURE WAS MADE.
THE OFFICE MAY REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE OFFICE ELEC-
TRONICALLY IN THE MANNER AND FORMAT REQUIRED BY THE OFFICE.
  B.  YOUTH  DEVELOPMENT PROGRAMS SHALL PROVIDE COMMUNITY-LEVEL SERVICES
DESIGNED TO  PROMOTE  POSITIVE  YOUTH  DEVELOPMENT.  SUCH  PROGRAMS  MAY
INCLUDE,  BUT  NOT  BE  LIMITED  TO:  PROGRAMS THAT PROMOTE PHYSICAL AND
EMOTIONAL WELLNESS, EDUCATIONAL ACHIEVEMENT OR CIVIC, FAMILY AND  COMMU-
NITY  ENGAGEMENT;  FAMILY  SUPPORT  SERVICES;  SERVICES TO PREVENT CHILD
ABUSE AND NEGLECT; SERVICES TO AVERT  FAMILY  CRISES;  AND  SERVICES  TO
ASSIST YOUTH IN NEED OF CRISIS INTERVENTION OR RESPITE SERVICES. SUBJECT
TO  THE  REGULATIONS  OF  THE  OFFICE,  A  MUNICIPALITY  MAY  ENTER INTO
CONTRACTS TO EFFECTUATE ITS YOUTH DEVELOPMENT  PROGRAM  ESTABLISHED  AND
APPROVED AS PROVIDED IN THIS ARTICLE.
  C.  EACH  MUNICIPALITY  SHALL  DEVELOP, IN CONSULTATION WITH THE YOUTH
BUREAU, A COMPREHENSIVE PLAN TO OFFER YOUTH DEVELOPMENT  PROGRAMS.  SUCH
COMPREHENSIVE  PLAN  SHALL  BE  SUBJECT TO THE APPROVAL OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH SUBPARAGRAPH TWO OF THIS
PARAGRAPH AND SHALL BE SUBMITTED BY EACH MUNICIPALITY IN A MANNER AND AT
SUCH TIMES AND FOR SUCH PERIODS AS THE OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES SHALL DETERMINE.
  (1) SUCH COMPREHENSIVE PLAN SHALL:
  (I)  ADDRESS  THE  NEED  IN  THE  MUNICIPALITY  FOR  YOUTH DEVELOPMENT
PROGRAMS IN TOWNS AND CITIES WHICH HAVE A  YOUTH  POPULATION  OF  TWENTY
THOUSAND OR MORE PERSONS;
  (II)  (A)  ASSESS  THE  NEED IN THE MUNICIPALITY FOR YOUTH DEVELOPMENT
PROGRAMS THAT ASSIST RUNAWAY AND HOMELESS YOUTH AND  YOUTH  IN  NEED  OF
CRISIS INTERVENTION OR RESPITE SERVICES;

S. 2607--A                         43                         A. 3007--A

  (B)  IF  THE MUNICIPALITY IS SEEKING STATE AID TO PROVIDE SERVICES FOR
RUNAWAY AND HOMELESS YOUTH, AS DEFINED IN  ARTICLE  NINETEEN-H  OF  THIS
CHAPTER, THE RUNAWAY AND HOMELESS YOUTH PLAN, AS REQUIRED BY SUBDIVISION
TWO  OF  THIS  SECTION,  SHALL BE SUBMITTED AS PART OF THE COMPREHENSIVE
PLAN THAT IS REQUIRED PURSUANT TO THIS PARAGRAPH; PROVIDED HOWEVER, THAT
STATE  AID  TO  PROVIDE SERVICES FOR RUNAWAY AND HOMELESS YOUTH SERVICES
SHALL BE FROM AND LIMITED TO  FUNDS  APPROPRIATED  SEPARATELY  FOR  SUCH
RUNAWAY  AND HOMELESS YOUTH PROGRAM PURPOSES BY THE STATE, AND SHALL NOT
BE INCLUDED UNDER THE LIMITS SET FORTH IN THIS SUBDIVISION;
  (III) SPECIFY HOW THE MUNICIPALITY WILL MEASURE  PERFORMANCE  OUTCOMES
FOR SUCH SERVICES AND PROGRAMS COVERED UNDER THE PLAN;
  (IV)  SPECIFY  THE  PROJECTED  PERFORMANCE  OUTCOMES  FOR SERVICES AND
PROGRAMS COVERED UNDER THE PLAN, INCLUDING PROJECTED  POSITIVE  OUTCOMES
FOR YOUTH WHO PARTICIPATE IN THE SERVICES AND PROGRAMS; AND
  (V)  PROVIDE  INFORMATION  ON  THE  PERFORMANCE  OUTCOMES  OF SERVICES
PROVIDED UNDER THE MUNICIPALITY'S MOST RECENT PLAN APPROVED PURSUANT  TO
THIS  SUBDIVISION, INCLUDING OUTCOME BASED MEASURES THAT DEMONSTRATE THE
QUALITY OF SERVICES PROVIDED AND PROGRAM EFFECTIVENESS OF PROGRAMS FUND-
ED UNDER SUCH PLAN.
  (2) THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE ALL OR PART
OF A MUNICIPALITY'S COMPREHENSIVE PLAN. IF THE OFFICE DOES NOT APPROVE A
MUNICIPALITY'S COMPREHENSIVE PLAN, SUCH MUNICIPALITY  SHALL  HAVE  SIXTY
DAYS FROM RECEIPT OF THE NOTIFICATION OF DISAPPROVAL TO SUBMIT A REVISED
PLAN.
  S  3. Subdivision 2 of section 420 of the executive law, as amended by
chapter 182 of the laws of 2002, is amended to read as follows:
  2. Runaway and homeless youth plan; state aid.
  a. A [county] MUNICIPALITY may submit to the [commissioner] OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES a plan for the providing of services for
runaway and homeless youth, as defined in  article  nineteen-H  of  this
chapter.  Where such [county] MUNICIPALITY is receiving state aid pursu-
ant to paragraph a of subdivision one of this section, such runaway  and
homeless  youth  plan  shall  be  submitted as part of the comprehensive
[county] plan and shall be consistent  with  the  goals  and  objectives
therein. A runaway and homeless youth plan shall be developed in consul-
tation with the county youth bureau and the county or city department of
social  services,  shall  be  in  accordance with the regulations of the
[commissioner] OFFICE OF CHILDREN AND FAMILY SERVICES, shall provide for
a coordinated range of services for runaway and homeless youth and their
families including preventive, temporary shelter, transportation,  coun-
seling,  and other necessary assistance, and shall provide for the coor-
dination of all available county  resources  for  runaway  and  homeless
youth and their families including services available through the county
youth  bureau,  the  county or city department of social services, local
boards of education, local drug and alcohol programs  and  organizations
or programs which have past experience dealing with runaway and homeless
youth.  Such  plan  may  include provisions for transitional independent
living support programs for homeless youth between the ages  of  sixteen
and  twenty-one  as provided in article nineteen-H of this chapter. Such
plan shall also provide for the designation and duties  of  the  runaway
and  homeless  youth service coordinator defined in section five hundred
thirty-two-a of this chapter who is  available  on  a  twenty-four  hour
basis  and  maintains  information  concerning  available shelter space,
transportation and services. Such plan may include provision for the per
diem reimbursement for residential care of runaway and homeless youth in
approved runaway programs which are authorized agencies,  provided  that

S. 2607--A                         44                         A. 3007--A

such  per diem reimbursement shall not exceed a total of thirty days for
any one youth.
  b.  Each  [county]  MUNICIPALITY  shall  submit  to the [commissioner]
OFFICE OF CHILDREN AND FAMILY SERVICES such  additional  information  as
the [commissioner] OFFICE shall require, including but not limited to:
  (1)  A  description  of  the  current  runaway and homeless population
including their age, place of origin, family status, service  needs  and
eventual disposition;
  (2)  A  description  of  the public and private resources available to
serve runaway and homeless youth within the county;
  (3) A description of new services to be provided and current  services
to be expanded.
  c.  The  [commissioner]  OFFICE  OF CHILDREN AND FAMILY SERVICES shall
review such plan IN ACCORDANCE WITH SUBPARAGRAPH TWO OF PARAGRAPH  C  OF
SUBDIVISION  ONE OF THIS SECTION and may approve or disapprove such plan
or any part, program, or project within such plan, and may propose  such
modifications and conditions as deemed appropriate and necessary.
  d.  (1) [Counties] MUNICIPALITIES having an approved runaway and home-
less youth plan pursuant  to  this  subdivision  shall  be  entitled  to
reimbursement by the state for sixty percent of the entire amount of the
expenditures  for  programs  contained  in  such plan as approved by the
[commissioner] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES,  after  first
deducting  therefrom  any federal or other state funds received or to be
received on account thereof. All reimbursement pursuant to this subdivi-
sion shall be from and limited to funds appropriated separately for such
runaway and homeless youth program purposes by the state, and shall  not
be  included  under  the  limits set in subdivision one of this section.
[The county's] A MUNICIPALITY'S share of the cost of such  programs  may
be  met in part by donated private funds or in-kind services, as defined
by the office, provided that such private funding or receipt of services
shall not in the aggregate be more than fifty percent of such [county's]
MUNICIPALITY'S share.
  (2) Notwithstanding any inconsistent provision of law and  subject  to
funds  appropriated  separately therefor, a [county] MUNICIPALITY having
an approved runaway and homeless youth plan  which  includes  provisions
for  transitional  independent living support programs shall be entitled
to reimbursement by the state for sixty percent of the entire amount  of
the  approved  expenditures  for transitional independent living support
programs contained in the plan as approved by the [commissioner]  OFFICE
OF CHILDREN AND FAMILY SERVICES.  The [county's] MUNICIPALITY'S share of
the cost of such programs may be met by donated private funds or in-kind
services,  as  defined  by  the  office,  provided  that such receipt of
in-kind services shall not in the aggregate be more than  fifty  percent
of such [county's] MUNICIPALITY'S share.
  S  4. Paragraphs a and c of subdivision 5 of section 420 of the execu-
tive law, as added by chapter 160 of the laws of 2004,  are  amended  to
read as follows:
  a.  Notwithstanding any other provision of law, the office of children
and family services shall plan for the statewide implementation  by  the
thirty-first  day of December, two thousand eight, of a county child and
family services plan  that  combines  the  [county]  comprehensive  plan
required  by  this section and the multi-year consolidated services plan
required by section thirty-four-a of the  social  services  law  into  a
single plan.
  c. The office of children and family services may waive any regulatory
requirements  relating  to the content and timing of [county] comprehen-

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sive plans that may impede the ability of a county to implement a county
child and family services plan.
  S 5. Section 422 of the executive law is REPEALED.
  S 6. Subdivisions 4, 5 and 6 of section 532-a of the executive law, as
amended  by  section 14 of part E of chapter 57 of the laws of 2005, are
amended and a new subdivision 8 is added to read as follows:
  4. "Approved runaway program" shall mean any  non-residential  program
approved  by the office of children and family services after submission
by the [county youth bureau] MUNICIPALITY, as part of its  comprehensive
plan,  or  any  residential  facility which is operated by an authorized
agency as defined in subdivision ten of section three  hundred  seventy-
one  of  the social services law, and approved by the office of children
and family services after submission by the [county youth bureau]  MUNI-
CIPALITY  as part of its comprehensive plan, established and operated to
provide services to runaway and homeless youth in  accordance  with  the
regulations of the office of temporary and disability assistance and the
office  of  children and family services. Such programs may also provide
non-residential crisis intervention and residential respite services  to
youth  in need of crisis intervention or respite services, as defined in
this section.   Residential respite  services  in  an  approved  runaway
program  may  be provided for no more than twenty-one days in accordance
with the regulations of the office of children and family services.
  5. "Runaway and homeless youth service  coordinator"  shall  mean  any
person  SO  designated  by  [a county] A MUNICIPALITY whose duties shall
include but not be limited to answering inquiries at any time concerning
transportation, shelter and other services available  to  a  runaway  or
homeless  youth  or  a  youth  in need of crisis intervention or respite
services.
  6. "Transitional independent living support program"  shall  mean  any
non-residential  program  approved  by the office of children and family
services after submission by the [county youth bureau]  MUNICIPALITY  as
part  of its comprehensive plan, or any residential facility approved by
the office of children and  family  services  after  submission  by  the
[county  youth bureau] MUNICIPALITY as part of its comprehensive plan TO
OFFER YOUTH DEVELOPMENT PROGRAMS, established and  operated  to  provide
supportive services, for a period of up to eighteen months in accordance
with  the  regulations of the office of children and family services, to
enable homeless youth between the ages  of  sixteen  and  twenty-one  to
progress  from  crisis care and transitional care to independent living.
Such transitional independent living support program  may  also  provide
services  to  youth  in need of crisis intervention or respite services.
Notwithstanding the time limitation in paragraph (i) of subdivision  (d)
of  section  seven hundred thirty-five of the family court act, residen-
tial respite services may be  provided  in  a  transitional  independent
living support program for a period of more than twenty-one days.
  8.  "MUNICIPALITY"  SHALL MEAN A COUNTY, OR A CITY HAVING A POPULATION
OF ONE MILLION OR MORE.
  S 7. Subdivision 2 of section 532-b of the executive law, as added  by
chapter 722 of the laws of 1978, is amended to read as follows:
  2.  The  runaway  youth may remain in the program on a voluntary basis
for a period not to exceed thirty days from the date of admission  where
the filing of a petition pursuant to article ten of the family court act
is  not  contemplated,  in  order  that arrangements can be made for the
runaway youth's return home, alternative residential placement  pursuant
to section three hundred ninety-eight of the social services law, or any
other  suitable  plan.  If the runaway youth and the parent, guardian or

S. 2607--A                         46                         A. 3007--A

custodian agree, in writing, the runaway youth may remain in the runaway
program up to sixty days without the filing of a  petition  pursuant  to
article  ten of the family court act, provided that in any such case the
facility  shall first have obtained the approval of the [county] MUNICI-
PALITY'S runaway coordinator, who shall notify the [county] THE  MUNICI-
PALITY'S  youth  bureau of his OR HER approval together with a statement
as to the reason why such additional residential stay is necessary and a
description of the efforts  being  made  to  find  suitable  alternative
living arrangements for such youth.
  S  8.  Paragraph  (a)  of  subdivision 6 of section 34-a of the social
services law, as added by chapter 160 of the laws of 2004, is amended to
read as follows:
  (a) Notwithstanding any other provision of law, the office of children
and family services shall plan for the statewide implementation, by  the
thirty-first day of December, two thousand eight, of the use by counties
of a child and family services plan that combines the multi-year consol-
idated  services  plan required by this section and the [county] compre-
hensive plan required by section four hundred twenty  of  the  executive
law into a single plan.
  S 9. This act shall take effect January 1, 2014.

                                 PART H

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

                                SUBPART A

  Section 1. Subdivision 3 of section  501  of  the  executive  law,  as
amended  by  chapter  465  of  the  laws  of 1992, is amended to read as
follows:
  3. To establish, operate and maintain [division]  facilities  [and  to
contract  with  authorized  agencies as defined in section three hundred
seventy-one of the social services law for the operation and maintenance
of non-secure facilities].
  S 2. Paragraph (a) of subdivision 11 of section 501 of  the  executive
law,  as  amended by chapter 465 of the laws of 1992, is amended to read
as follows:
  (a) a projection of the numbers of youths to be placed into or commit-
ted to the care of the [division] OFFICE OF CHILDREN AND FAMILY SERVICES
at secure[,] AND limited secure [and non-secure] levels of care for  the
five years encompassed by the plan;
  S  3.    Section  501  of the executive law is amended by adding a new
subdivision 15-a to read as follows:
  15-A. (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF  SUBDIVI-
SION  FIFTEEN  OF  THIS  SECTION,  OR ANY OTHER LAW TO THE CONTRARY, THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IS AUTHORIZED

S. 2607--A                         47                         A. 3007--A

TO CLOSE ANY NON-SECURE FACILITIES OPERATED BY THE  OFFICE  OF  CHILDREN
AND   FAMILY  SERVICES,  AND  TO  MAKE  SIGNIFICANT  ASSOCIATED  SERVICE
REDUCTIONS AND PUBLIC EMPLOYEE STAFFING REDUCTIONS  AND  TRANSFER  OPER-
ATIONS  FOR NON-SECURE FACILITIES TO A PRIVATE OR NOT-FOR-PROFIT ENTITY,
AS SHALL BE DETERMINED  BY  SUCH  COMMISSIONER  SOLELY  TO  REFLECT  THE
DECREASE  IN  THE NUMBER OF JUVENILE DELINQUENTS PLACED WITH SUCH OFFICE
CARED FOR IN NON-SECURE SETTINGS OR  CONDITIONALLY  RELEASED  FROM  SUCH
SETTINGS.
  (B)  AT  LEAST SIXTY DAYS PRIOR TO TAKING ANY SUCH ACTION, THE COMMIS-
SIONER OF THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  SHALL  PROVIDE
NOTICE  OF  SUCH ACTION TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE AND SHALL  POST  SUCH  NOTICE  UPON  ITS  PUBLIC
WEBSITE.  SUCH  COMMISSIONER  SHALL BE AUTHORIZED TO CONDUCT ANY AND ALL
PREPARATORY ACTIONS WHICH MAY BE REQUIRED TO EFFECTUATE SUCH CLOSURES OR
SIGNIFICANT SERVICE OR STAFFING REDUCTIONS OR  TRANSFERS  OF  OPERATIONS
DURING SUCH SIXTY DAY PERIOD.
  (C)  ANY  TRANSFERS OF CAPACITY OR ANY RESULTING TRANSFER OF FUNCTIONS
SHALL BE AUTHORIZED TO BE MADE BY THE  COMMISSIONER  OF  THE  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES  AND ANY TRANSFER OF PERSONNEL UPON SUCH
TRANSFER OF CAPACITY OR TRANSFER OF FUNCTIONS SHALL BE  ACCOMPLISHED  IN
ACCORDANCE  WITH  THE PROVISIONS OF SECTION SEVENTY OF THE CIVIL SERVICE
LAW.
  S 4. Subdivision 1 of section 504 of the executive law,  as  added  by
chapter 465 of the laws of 1992, is amended to read as follows:
  1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall operate
and  maintain  secure[,]  AND limited secure [and non-secure] facilities
for the care, custody, treatment, housing, education, rehabilitation and
guidance of youth placed with or committed to the [division]  OFFICE  OF
CHILDREN AND FAMILY SERVICES.
  S  5. Subdivision 4 of section 504 of the executive law, as amended by
chapter 687 of the laws of 1993, is amended to read as follows:
  4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall  deter-
mine  the  particular  [division]  OFFICE facility or program in which a
child placed with the [division] OFFICE shall be cared for,  based  upon
an evaluation of such child. The [division] OFFICE OF CHILDREN AND FAMI-
LY  SERVICES  shall  also  have  authority to discharge or conditionally
release children placed with it and to transfer  such  children  from  a
limited  secure [or non-secure] facility to any other limited secure [or
non-secure] facility, when the interest of such children  requires  such
action[; provided that a child transferred to a non-secure facility from
a  limited  secure facility may be returned to a limited secure facility
upon a determination by the division that,  for  any  reason,  care  and
treatment at the non-secure facility is no longer suitable].
  S 6. Subdivision 5 of section 507-a of the executive law is REPEALED.
  S  7.  Paragraph  (f)  of subdivision 3 of section 353.2 of the family
court act, as amended by chapter 465 of the laws of 1992, is amended  to
read as follows:
  (f)  with  the consent of the [division for youth] COMMISSIONER OF THE
LOCAL SOCIAL  SERVICES  DISTRICT,  spend  a  specified  portion  of  the
probation  period,  not  exceeding  one year, in a non-secure [facility]
PLACEMENT provided by THE LOCAL SOCIAL SERVICES DISTRICT  [the  division
for youth pursuant to article nineteen-G of the executive law].
  S 8. The opening paragraph and paragraphs (a) and (b) of subdivision 3
of  section  353.3  of  the family court act, as amended by section 6 of
part G of chapter 58 of the  laws  of  2010,  are  amended  to  read  as
follows:

S. 2607--A                         48                         A. 3007--A

  Where  the respondent is placed with the office of children and family
services, the court shall[, unless it directs the office to place him or
her with an authorized agency or class of authorized agencies, including
if the court finds that the respondent is a sexually exploited child  as
defined  in subdivision one of section four hundred forty-seven-a of the
social services law, an  available  long-term  safe  house  pursuant  to
subdivision four of this section, authorize the office to] do one of the
following:
  (a)  place the respondent in a secure facility without a further hear-
ing at any time or from time to time during  the  first  sixty  days  of
residency   in  office  of  children  and  family  services  facilities.
Notwithstanding the discretion of the office to place the respondent  in
a  secure  facility at any time during the first sixty days of residency
in [a] AN office of children and family services facility, the  respond-
ent  may  be  placed  in  a [non-secure] LIMITED SECURE facility. In the
event that the office desires to  transfer  a  respondent  to  a  secure
facility  at  any time after the first sixty days of residency in office
facilities, a hearing shall be held pursuant  to  subdivision  three  of
section five hundred four-a of the executive law; or
  (b)  place the respondent in a limited secure facility. The respondent
may be transferred by the office to a secure facility after a hearing is
held pursuant to section five  hundred  four-a  of  the  executive  law;
provided,  however,  that  during  the first twenty days of residency in
office facilities, the respondent shall not be transferred to  a  secure
facility  unless  the  respondent has committed an act or acts which are
exceptionally dangerous to the respondent or to others[; or].
  S 9. Paragraph (c) of subdivision 3 of section  353.3  of  the  family
court act is REPEALED.
  S  10.  Subdivision  4  of  section  353.3  of the family court act is
REPEALED.
  S 11. Subparagraphs (iii) and (iv) of paragraph (a) of  subdivision  4
of  section  353.5  of  the family court act, as amended by section 6 of
subpart A of part G of chapter 57 of the laws of 2012,  are  amended  to
read as follows:
  (iii)  after the period set under subparagraph (ii) of this paragraph,
the respondent shall be placed in a residential facility for a period of
twelve months; provided, however, that: (A) if the respondent  has  been
placed  from  a  family court in a social services district operating an
approved juvenile justice services close to home initiative pursuant  to
section  four  hundred  four  of  the social services law, once the time
frames in subparagraph (ii) of this paragraph are met:
  [(A)] (1) beginning on the effective date of such  a  social  services
district's  plan that only covers juvenile delinquents placed in non-se-
cure settings, if the office of children and family services  concludes,
based on the needs and best interests of the respondent and the need for
protection  for the community, that a non-secure level of care is appro-
priate for the respondent, such office shall file a petition pursuant to
paragraph (b) or (c) of subdivision two of section 355.1 of this part to
have the respondent placed with the  applicable  local  commissioner  of
social services; and
  [(B)]  (2)  beginning  on the effective date of such a social services
district's plan that  covers  juvenile  delinquents  placed  in  limited
secure   settings,  if  the  office  of  children  and  family  services
concludes, based on the needs and best interests of the  respondent  and
the  need for protection for the community, that a non-secure or limited
secure level of care is appropriate  for  the  respondent,  such  office

S. 2607--A                         49                         A. 3007--A

shall  file  a  petition pursuant to paragraph (b) or (c) of subdivision
two of section 355.1 of this part to have the respondent placed with the
applicable local commissioner of social services[.]; AND
  (B)  IF THE RESPONDENT HAS BEEN PLACED FROM A FAMILY COURT IN A SOCIAL
SERVICES DISTRICT NOT OPERATING AN APPROVED  JUVENILE  JUSTICE  SERVICES
CLOSE  TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW, IF THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
CONCLUDES,  BASED  ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND
THE NEED FOR PROTECTION FOR THE COMMUNITY, THAT A  NON-SECURE  LEVEL  OF
CARE  IS  APPROPRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETI-
TION PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF  SECTION  355.1  OF
THIS  PART  TO  HAVE  THE  RESPONDENT  PLACED  WITH THE APPLICABLE LOCAL
COMMISSIONER OF SOCIAL SERVICES.
  (C) If the respondent is placed with the local commissioner of  social
services  in accordance with clause (A) or (B) of this subparagraph, the
remainder of the provisions of this section shall continue to  apply  to
the respondent's placement.
  (iv)  the  respondent  may  not  be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided in subparagraph (ii) of this paragraph, nor may the  respondent
be  released  from  a residential facility during the period provided in
subparagraph (iii) of this paragraph. No home visits shall be  permitted
during  the  period  of secure confinement set by the court order or one
year, whichever is less, except for emergency visits for medical  treat-
ment  or  severe illness or death in the family. All home visits must be
accompanied home visits: (A) while a  youth  is  confined  in  a  secure
facility,  whether  such  confinement  is  pursuant  to a court order or
otherwise; (B) while a youth is confined in a residential facility other
than a secure facility within six months after confinement in  a  secure
facility;  and  (C)  while a youth is confined in a residential facility
other than a secure facility in excess of six months  after  confinement
in  a  secure  facility  unless two accompanied home visits have already
occurred. An "accompanied home visit" shall mean  a  home  visit  during
which  the  youth  shall  be  accompanied at all times while outside the
secure or residential facility by appropriate personnel of the office of
children and family services or, if applicable, a local social  services
district  [which operates an approved juvenile justice services close to
home initiative pursuant to section four  hundred  four  of  the  social
services law].
  S  12.  Subparagraphs (i), (iii) and (iv) of paragraph (c) of subdivi-
sion 4 of section 353.5 of the family court act, as amended by section 6
of subpart A of part G of chapter 57 of the laws of 2012, are amended to
read as follows:
  (i) after the expiration of the period provided in subparagraph  (iii)
of  paragraph  (a)  of  this  subdivision,  the  respondent shall not be
released from a residential facility without the written approval of the
office of children and family  services  or,  if  applicable,  a  social
services district [operating an approved juvenile justice services close
to  home  initiative pursuant to section four hundred four of the social
services law].
  (iii) the respondent shall not be discharged from the custody  of  the
office  of  children  and  family  services  or, if applicable, a social
services district [operating an approved juvenile justice services close
to home initiative pursuant to section four hundred four of  the  social
services  law],  unless a motion therefor under section 355.1 is granted

S. 2607--A                         50                         A. 3007--A

by the court, which motion shall not be made prior to the expiration  of
three years of the placement.
  (iv)  unless  otherwise specified in the order, the office of children
and family services or, if applicable, a social services district [oper-
ating an approved juvenile justice services  close  to  home  initiative
pursuant  to section four hundred four of the social services law] shall
report in writing to the court not  less  than  once  every  six  months
during  the  placement  on  the  status,  adjustment and progress of the
respondent.
  S 13. Paragraph (d) of subdivision 4 of section 353.5  of  the  family
court  act, as amended by section 6 of subpart A of part G of chapter 57
of the laws of 2012, is amended to read as follows:
  (d) Upon the expiration of the initial period  of  placement,  or  any
extension  thereof,  the  placement  may  be extended in accordance with
section 355.3 on a petition of any party or the office of  children  and
family  services, or, if applicable, a social services district [operat-
ing an approved juvenile  justice  services  close  to  home  initiative
pursuant to section four hundred four of the social services law], after
a  dispositional  hearing, for an additional period not to exceed twelve
months, but no initial placement or extension of  placement  under  this
section may continue beyond the respondent's twenty-first birthday.
  S  14.  Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 5
of section 353.5 of the family court act, as amended  by  section  6  of
subpart  A  of  part  G of chapter 57 of the laws of 2012, is amended to
read as follows:
  (iii) after the period set under subparagraph (ii) of this  paragraph,
the  respondent  shall  be placed in a residential facility for a period
set by the order, to be not less than six nor more than  twelve  months;
provided,  however,  that  (A)  if the respondent has been placed from a
family court in a social services district operating an  approved  juve-
nile  justice services close to home initiative pursuant to section four
hundred four of the social services law, once the time frames in subpar-
agraph (ii) of this paragraph are met:
  [(A)] (1) beginning on the effective date of such  a  social  services
district's  plan that only covers juvenile delinquents placed in non-se-
cure settings, if the office of children and family services  concludes,
based on the needs and best interests of the respondent and the need for
protection  for the community, that a non-secure level of care is appro-
priate for the respondent, such office shall file a petition pursuant to
paragraph (b) or (c) of subdivision two of section 355.1 of this part to
have the respondent placed with the  applicable  local  commissioner  of
social services; and
  [(B)]  (2)  beginning  on the effective date of such a social services
district's plan to implement programs for youth placed in limited secure
settings, if the office of children and family services concludes, based
on the needs and best interests of  the  respondent  and  the  need  for
protection  for the community, that a non-secure or limited secure level
of care is appropriate for the respondent,  such  office  shall  file  a
petition  pursuant to paragraph (b) or (c) of subdivision two of section
355.1 of this part to have the respondent  placed  with  the  applicable
local commissioner of social services[.]; OR
  (B)  IF THE RESPONDENT HAS BEEN PLACED FROM A FAMILY COURT IN A SOCIAL
SERVICES DISTRICT NOT OPERATING AN APPROVED  JUVENILE  JUSTICE  SERVICES
CLOSE  TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW, IF THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
CONCLUDES,  BASED  ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND

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THE NEED FOR PROTECTION FOR THE COMMUNITY, THAT A  NON-SECURE  LEVEL  OF
CARE  IS  APPROPRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETI-
TION PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF  SECTION  355.1  OF
THIS  PART  TO  HAVE  THE  RESPONDENT  PLACED  WITH THE APPLICABLE LOCAL
COMMISSIONER OF SOCIAL SERVICES.
  (C) If the respondent is placed with a local  commissioner  of  social
services  in accordance with clause (A) or (B) of this subparagraph, the
remainder of the provisions of this section shall continue to  apply  to
the respondent's placement.
  (iv)  the  respondent  may  not  be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided by the court pursuant to subparagraph (ii) of  this  paragraph,
nor  may  the  respondent be released from a residential facility during
the period provided by the court pursuant to subparagraph (iii) of  this
paragraph. No home visits shall be permitted during the period of secure
confinement  set  by  the  court  order  or one year, whichever is less,
except for emergency visits for medical treatment or severe  illness  or
death  in  the  family. All home visits must be accompanied home visits:
(A) while a youth  is  confined  in  a  secure  facility,  whether  such
confinement is pursuant to a court order or otherwise; (B) while a youth
is confined in a residential facility other than a secure facility with-
in  six  months  after confinement in a secure facility; and (C) while a
youth is confined in a residential facility other than a secure facility
in excess of six months after confinement in a  secure  facility  unless
two  accompanied home visits have already occurred. An "accompanied home
visit" shall mean a home visit during which the youth shall be  accompa-
nied  at  all  times while outside the secure or residential facility by
appropriate personnel of the office of children and family services  or,
if  applicable,  a social services district [operating an approved juve-
nile justice close to home initiative pursuant to section  four  hundred
four of the social services law].
  S 15. Subparagraphs (i), (iii) and (iv) of paragraph (c) and paragraph
(d)  of  subdivision  5  of  section  353.5  of the family court act, as
amended by section 6 of subpart A of part G of chapter 57 of the laws of
2012, is amended to read as follows:
  (i) after the expiration of the period provided in subparagraph  (iii)
of  paragraph  (a)  of  this  subdivision,  the  respondent shall not be
released from a residential facility without the written approval of the
office of children and family  services  or,  if  applicable,  a  social
services district [operating an approved juvenile justice services close
to  home  initiative pursuant to section four hundred four of the social
services law].
  (iii) the respondent shall not be discharged from the custody  of  the
office  of  children  and  family  services, or, if applicable, a social
services district [operating an approved juvenile justice services close
to home initiative pursuant to section four hundred four of  the  social
services law].
  (iv)  unless  otherwise specified in the order, the office of children
and family services or, if applicable, a social services district [oper-
ating an approved juvenile justice services  close  to  home  initiative
pursuant to section four hundred four of the social services law], shall
report  in  writing  to  the  court  not less than once every six months
during the placement on the  status,  adjustment  and  progress  of  the
respondent.
  (d)  Upon  the  expiration  of  the initial period of placement or any
extension thereof, the placement may  be  extended  in  accordance  with

S. 2607--A                         52                         A. 3007--A

section  355.3  upon petition of any party or the office of children and
family services or, if applicable, a social services district [operating
an approved juvenile justice services close to home initiative  pursuant
to section four hundred four of the social services law], after a dispo-
sitional  hearing, for an additional period not to exceed twelve months,
but no initial placement or extension of placement  under  this  section
may continue beyond the respondent's twenty-first birthday.
  S  16.  Subdivision  2  of  section  355.1  of the family court act is
amended by adding three new paragraphs (d),  (e)  and  (f)  to  read  as
follows:
  (D)  FOR  A SOCIAL SERVICES DISTRICT THAT IS NOT OPERATING AN APPROVED
JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT  TO  SECTION
FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW:
  (I)  IF  THE  DISTRICT  DETERMINES  THAT PLACEMENT IN A LIMITED SECURE
FACILITY IS APPROPRIATE AND CONSISTENT WITH THE NEED FOR  PROTECTION  OF
THE  COMMUNITY AND THE NEEDS AND BEST INTERESTS OF THE RESPONDENT PLACED
INTO ITS CARE, THE SOCIAL SERVICES DISTRICT SHALL  FILE  A  PETITION  TO
TRANSFER  THE  CUSTODY  OF  THE RESPONDENT TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES, AND SHALL PROVIDE A  COPY  OF  SUCH  PETITION  TO  SUCH
OFFICE, THE RESPONDENT, THE ATTORNEY FOR THE RESPONDENT AND THE RESPOND-
ENT'S  PARENT  OR LEGAL GUARDIAN. THE FAMILY COURT SHALL, AFTER ALLOWING
THE OFFICE OF CHILDREN AND FAMILY SERVICES  AND  THE  ATTORNEY  FOR  THE
RESPONDENT,  AFTER NOTICE HAVING BEEN GIVEN, AN OPPORTUNITY TO BE HEARD,
GRANT SUCH A PETITION ONLY IF THE COURT DETERMINES, AND  STATES  IN  ITS
WRITTEN  ORDER,  THE REASONS WHY A LIMITED SECURE PLACEMENT IS NECESSARY
AND CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE  RESPONDENT  AND
THE NEED FOR PROTECTION OF THE COMMUNITY.
  (II)  IF  THE  DISTRICT DETERMINES THAT A SECURE LEVEL OF PLACEMENT IS
APPROPRIATE AND CONSISTENT WITH THE NEED FOR PROTECTION OF THE COMMUNITY
AND THE NEEDS AND BEST INTERESTS OF THE RESPONDENT PLACED INTO ITS CARE,
THE SOCIAL SERVICES DISTRICT SHALL  FILE  A  PETITION  TO  TRANSFER  THE
CUSTODY OF THE RESPONDENT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES,
AND  SHALL  PROVIDE A COPY OF SUCH PETITION TO SUCH OFFICE, THE RESPOND-
ENT, THE ATTORNEY FOR THE RESPONDENT  AND  THE  RESPONDENT'S  PARENT  OR
LEGAL  GUARDIAN.  THE  FAMILY  COURT SHALL, AFTER ALLOWING THE OFFICE OF
CHILDREN AND FAMILY SERVICES AND THE ATTORNEY FOR THE RESPONDENT,  AFTER
NOTICE HAVING BEEN GIVEN, AN OPPORTUNITY TO BE HEARD, GRANT SUCH A PETI-
TION ONLY IF THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THAT
THE YOUTH NEEDS A SECURE LEVEL OF PLACEMENT BECAUSE:
  (A)  THE  RESPONDENT  HAS  BEEN SHOWN TO BE EXCEPTIONALLY DANGEROUS TO
HIMSELF OR HERSELF OR TO OTHER PERSONS. EXCEPTIONALLY DANGEROUS BEHAVIOR
MAY INCLUDE, BUT IS NOT LIMITED TO,  ONE  OR  MORE  SERIOUS  INTENTIONAL
ASSAULTS, SEXUAL ASSAULTS OR SETTING FIRES; OR
  (B)  THE  RESPONDENT HAS DEMONSTRATED BY A PATTERN OF BEHAVIOR THAT HE
OR SHE NEEDS A MORE STRUCTURED SETTING AND THE SOCIAL SERVICES  DISTRICT
HAS  CONSIDERED THE APPROPRIATENESS AND AVAILABILITY OF A TRANSFER TO AN
ALTERNATIVE NON-SECURE OR LIMITED SECURE  FACILITY.  SUCH  BEHAVIOR  MAY
INCLUDE,  BUT  IS  NOT  LIMITED  TO:  DISRUPTIONS  IN FACILITY PROGRAMS;
CONTINUOUSLY AND MALICIOUSLY DESTROYING PROPERTY; OR REPEATEDLY  COMMIT-
TING OR INCITING OTHER YOUTH TO COMMIT ASSAULTIVE OR DESTRUCTIVE ACTS.
  (E)  ONCE  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES HAS PROVIDED
NOTICE PURSUANT TO SUBDIVISION FIFTEEN-A OF SECTION FIVE HUNDRED ONE  OF
THE  EXECUTIVE  LAW, TO CLOSE ITS NON-SECURE FACILITIES, TO MAKE SIGNIF-
ICANT SERVICE REDUCTIONS AND PUBLIC EMPLOYEE STAFFING REDUCTIONS  AND/OR
TO  TRANSFER  OPERATIONS  OF  ANY NON-SECURE FACILITIES OPERATED BY SUCH
OFFICE, SUCH OFFICE SHALL FILE PETITIONS TO TRANSFER CUSTODY OF  ALL  OF

S. 2607--A                         53                         A. 3007--A

THE  YOUTH IN THE OFFICE'S CUSTODY WHO ARE CURRENTLY PLACED IN A NON-SE-
CURE SETTING, OR WHO ARE CONDITIONALLY RELEASED FROM SUCH A SETTING,  TO
THE  APPLICABLE  LOCAL  COMMISSIONER OF SOCIAL SERVICES. SUCH A PETITION
SHALL  BE  PROVIDED  TO THE RESPONDENT, THE ATTORNEY FOR THE RESPONDENT,
THE RESPONDENT'S PARENT  OR  LEGAL  GUARDIAN  AND  THE  SOCIAL  SERVICES
DISTRICT.  THE FAMILY COURT SHALL GRANT SUCH A PETITION, WITHOUT A HEAR-
ING, UNLESS THE ATTORNEY FOR THE RESPONDENT, AFTER  NOTICE,  REQUESTS  A
HEARING  AND  OBJECTS  TO  THE TRANSFER ON THE BASIS THAT THE RESPONDENT
NEEDS TO BE PLACED WITH THE OFFICE IN A LIMITED SECURE OR  SECURE  LEVEL
OF  CARE.  THE  FAMILY  COURT  SHALL GRANT THE PETITION UNLESS THE COURT
DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE REASONS WHY  A  LIMITED
SECURE OR SECURE LEVEL OF PLACEMENT IS NECESSARY AND CONSISTENT WITH THE
NEEDS  AND  BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR PROTECTION
OF THE COMMUNITY. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,
THE  FAMILY  COURT  SHALL  DETERMINE SUCH A PETITION WITHIN TEN CALENDAR
DAYS OF THE DATE THE OFFICE FILES SAID PETITION.
  (F) IF THE OFFICE OF CHILDREN AND FAMILY SERVICES  DETERMINES  THAT  A
NON-SECURE LEVEL OF CARE OR PLACEMENT IS APPROPRIATE AND CONSISTENT WITH
THE  NEED  FOR PROTECTION OF THE COMMUNITY AND THE NEEDS AND BEST INTER-
ESTS OF A RESPONDENT WHO IS IN THEIR CUSTODY  AND  PLACED  AT  EITHER  A
LIMITED  SECURE  OR  SECURE FACILITY FROM A FAMILY COURT WITHIN A SOCIAL
SERVICES DISTRICT THAT IS NOT OPERATING  AN  APPROVED  JUVENILE  JUSTICE
SERVICES  CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR
OF THE SOCIAL SERVICES LAW, SUCH OFFICE  SHALL  PETITION  THE  COURT  TO
TRANSFER CUSTODY OF SUCH RESPONDENT TO THE APPLICABLE LOCAL COMMISSIONER
OF  SOCIAL  SERVICES  AND  SHALL  PROVIDE  A COPY OF THE PETITION TO THE
SOCIAL SERVICES DISTRICT,  THE  ATTORNEY  FOR  THE  RESPONDENT  AND  THE
PRESENTMENT  AGENCY.  THE  FAMILY COURT SHALL, AFTER ALLOWING THE SOCIAL
SERVICES DISTRICT, THE ATTORNEY FOR THE RESPONDENT AND  THE  PRESENTMENT
AGENCY  AN  OPPORTUNITY  TO  BE  HEARD, GRANT SUCH A PETITION UNLESS THE
COURT DETERMINES, AND STATES IN ITS WRITTEN  ORDER  THE  REASONS  WHY  A
LIMITED  SECURE OR SECURE PLACEMENT IS NECESSARY AND CONSISTENT WITH THE
NEEDS AND BEST INTEREST OF THE RESPONDENT AND THE NEED FOR PROTECTION OF
THE COMMUNITY.
  S 17. This act shall take effect immediately,  provided  however  that
sections seven through fifteen of this act shall take effect May 1, 2013
and  provided  further,  however, that sections one, two, four, five and
six of this act shall take effect March 31, 2014; and  provided  further
that:
  (a) the amendments to subparagraphs (iii) and (iv) of paragraph (a) of
subdivision  4  of section 353.5 of the family court act made by section
eleven of this act shall not affect the expiration of  such  subdivision
and shall be deemed to expire therewith;
  (b)  the  amendments to subparagraphs (i), (iii) and (iv) of paragraph
(c) of subdivision 4 of section 353.5 of the family court  act  made  by
section  twelve  of  this  act  shall  not affect the expiration of such
subdivision and shall be deemed to expire therewith;
  (c) the amendments to paragraph (d) of subdivision 4 of section  353.5
of  the  family court act made by section thirteen of this act shall not
affect the expiration of such subdivision and shall be deemed to  expire
therewith;
  (d) the amendments to subparagraphs (iii) and (iv) of paragraph (a) of
subdivision  5  of section 353.5 of the family court act made by section
fourteen of this act shall not affect the expiration of such subdivision
and shall be deemed to expire therewith;

S. 2607--A                         54                         A. 3007--A

  (e) the amendments to subparagraphs (i), (iii) and (iv)  of  paragraph
(c)  and  paragraph  (d) of subdivision 5 of section 353.5 of the family
court act made by section fifteen of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire  therewith;
  (f)  the  amendments  to  subdivision 2 of section 355.1 of the family
court act made by section sixteen of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith.

                                SUBPART B

  Section 1. Subdivision 1 of section  505  of  the  executive  law,  as
amended  by  chapter  465  of  the  laws  of 1992, is amended to read as
follows:
  1. There shall be a facility director of  each  [division  for  youth]
OFFICE  OF CHILDREN AND FAMILY SERVICES OPERATED facility. Such facility
director shall be appointed by the [director] COMMISSIONER of the [divi-
sion] OFFICE OF CHILDREN AND FAMILY SERVICES and THE POSITION  shall  be
in the noncompetitive class and designated as confidential as defined by
subdivision  two-a  of  section  forty-two of the civil service law. The
facility director shall have [two years] SUCH experience [in appropriate
titles in state government. Such facility director shall have such]  AND
other  qualifications as may be prescribed by the [director] DIRECTOR OF
CLASSIFICATION AND COMPENSATION WITHIN THE DEPARTMENT OF  CIVIL  SERVICE
IN  CONSULTATION WITH THE COMMISSIONER of the [division] OFFICE OF CHIL-
DREN AND FAMILY SERVICES, based on  differences  in  duties,  levels  of
responsibility,  size  and  character of the facility, knowledge, skills
and abilities required, and other factors affecting the position  [and].
SUCH  FACILITY  DIRECTOR  shall  serve at the pleasure of the [director]
COMMISSIONER of the [division] OFFICE.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable  effective date of subparts A and B of this act shall be
as specifically set forth in the last section of such subparts.

                                 PART I

  Section 1. Sections 46, 47, 48, 49, 50 and 74 of the executive law are
REPEALED.
  S 2. Section 51 of the executive law, as added by chapter 766  of  the
laws of 2005, is amended to read as follows:
  S  51.  Jurisdiction.  This  article shall, subject to the limitations
contained herein, confer upon the office of the state inspector general,
jurisdiction over all covered agencies. For the purposes of this article
"covered agency" shall include all executive  branch  agencies,  depart-
ments,  divisions,  officers, boards and commissions, public authorities
(other than multi-state or  multi-national  authorities),  [and]  public

S. 2607--A                         55                         A. 3007--A

benefit  corporations,  the heads of which are appointed by the governor
and which do not have their own inspector general by statute, AND  LOCAL
SOCIAL  SERVICES  DISTRICTS.    Wherever  a  covered  agency is a board,
commission,  a  public authority or public benefit corporation, the head
of the agency is the chairperson thereof. FOR PURPOSES OF THIS  SECTION,
"LOCAL  SOCIAL  SERVICES DISTRICTS" SHALL INCLUDE CONTRACTEES OR RECIPI-
ENTS OF PUBLIC ASSISTANCE SERVICES.
  S 3. Subdivisions 6 and 7 of section 53 of the executive law, as added
by chapter 766 of the laws of 2005, are amended to read as follows:
  6. recommend remedial  action  to  prevent  or  eliminate  corruption,
fraud,  criminal  activity,  conflicts  of  interest or abuse in covered
agencies AND OFFICES AND AGENCIES ADMINISTERING OR  SUPPORTING  PROGRAMS
OF THE DEPARTMENT OF FAMILY ASSISTANCE;
  7.  establish  programs  for  training  state   AND LOCAL officers and
employees OF COVERED AGENCIES regarding the prevention  and  elimination
of  corruption, fraud, criminal activity, conflicts of interest or abuse
in covered agencies.
  S 4. Section 54 of the executive law, as added by chapter 766  of  the
laws of 2005, is amended to read as follows:
  S 54. Powers. The state inspector general shall have the power to:
  1. subpoena and enforce the attendance of witnesses;
  2. administer oaths or affirmations and examine witnesses under oath;
  3.  require  the production of any books and papers deemed relevant or
material to any investigation, examination or review;
  4. notwithstanding any law to the contrary, examine and copy or remove
documents or records of any kind prepared, maintained  or  held  by  any
covered agency;
  5.  require  any  officer  or  employee in a covered agency, OR IN ANY
OFFICE OR AGENCY ADMINISTERING OR SUPPORTING ANY PROGRAM OF THE  DEPART-
MENT  OF  FAMILY  ASSISTANCE,  to answer questions concerning any matter
related to the performance of his or her official duties.  No  statement
or  other evidence derived therefrom may be used against such officer or
employee in any subsequent criminal prosecution other than  for  perjury
or  contempt  arising from such testimony. The refusal of any officer or
employee to answer questions shall be cause for removal from  office  or
employment or other appropriate penalty;
  6.  monitor  the implementation by covered agencies AND BY OFFICES AND
AGENCIES ADMINISTERING OR SUPPORTING PROGRAMS OF THE DEPARTMENT OF FAMI-
LY ASSISTANCE of any recommendations made by THE state inspector  gener-
al;
  7.  perform  any  other functions that are necessary or appropriate to
fulfill the duties and responsibilities of office[.];
  8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
THE  CONTRARY, NO PERSON SHALL PREVENT, SEEK TO PREVENT, INTERFERE WITH,
OBSTRUCT OR OTHERWISE HINDER ANY INVESTIGATION BEING CONDUCTED  PURSUANT
TO  THIS  SECTION. SECTION ONE HUNDRED THIRTY-SIX OF THE SOCIAL SERVICES
LAW SHALL IN NO WAY BE CONSTRUED TO RESTRICT ANY PERSON OR  GOVERNMENTAL
BODY FROM COOPERATING WITH AND ASSISTING THE INSPECTOR GENERAL OR HIS OR
HER  EMPLOYEES  IN  CARRYING  OUT  THEIR  DUTIES UNDER THIS SECTION. ANY
VIOLATION OF THIS PARAGRAPH SHALL CONSTITUTE  CAUSE  FOR  SUSPENSION  OR
REMOVAL FROM OFFICE OR EMPLOYMENT;
  S  5.  Subdivisions  3  and  7 of section 32 of the public health law,
subdivision 3 as amended by chapter 109 of the laws of 2007 and subdivi-
sion 7 as added by chapter 442 of the laws of 2006, are amended to  read
as follows:

S. 2607--A                         56                         A. 3007--A

  3.  to  coordinate,  to  the  greatest  extent possible, activities to
prevent, detect and investigate medical  assistance  program  fraud  and
abuse  amongst  the  following:  the  department;  the offices of mental
health, [mental retardation and] PEOPLE WITH developmental disabilities,
alcoholism  and  substance  abuse services, temporary disability assist-
ance, and children and family services; the  commission  on  quality  of
care  and  advocacy  for  persons  with  disabilities; the department of
education; the fiscal agent employed to operate the  medical  assistance
information  and  payment system; local governments and entities; and to
work in a coordinated and  cooperative  manner  with,  to  the  greatest
extent possible, the deputy attorney general for Medicaid fraud control;
the  [welfare]  STATE  inspector  general, federal prosecutors, district
attorneys within the state, the special investigative unit maintained by
each health insurer operating within the  state,  and  the  state  comp-
troller;
  7.  to  make  information  and evidence relating to suspected criminal
acts which he or she may obtain in carrying out his or her duties avail-
able to appropriate law enforcement officials and to  consult  with  the
deputy attorney general for Medicaid fraud control[, the welfare inspec-
tor  general,] and other state and federal law enforcement officials for
coordination of criminal investigations and prosecutions.
  The inspector shall refer suspected fraud or criminality to the deputy
attorney general for Medicaid fraud control and make any other referrals
to such deputy attorney general as required or contemplated  by  federal
law.  At  any  time after such referral, with ten days written notice to
the deputy attorney general for Medicaid fraud control or  such  shorter
time  as  such  deputy  attorney  general consents to, the inspector may
additionally provide  relevant  information  about  suspected  fraud  or
criminality  to  any  other federal or state law enforcement agency that
the inspector deems appropriate under the circumstances;
  S 6. Subdivision 2 of section 23 of the social services law, as  added
by chapter 545 of the laws of 1978, is amended to read as follows:
  2.  Notwithstanding  any  law  to  the  contrary, the department, upon
request by the office of [welfare] THE STATE  inspector  general,  shall
provide  said  office  with  such  information it receives from the wage
reporting system operated by the department of taxation and finance that
the office of [welfare] THE STATE inspector general deems  necessary  to
carry  out  its  functions and duties under article [four] FOUR-A of the
executive law.
  S 7. Subdivision 2 of section 136  of  the  social  services  law,  as
amended  by  section 24 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  2. All communications and information relating to a  person  receiving
public  assistance  or  care  obtained  by any social services official,
service officer, or employee in the course of his or her work  shall  be
considered  confidential  and,  except  as  otherwise  provided  in this
section, shall be disclosed only to the  commissioner,  or  his  or  her
authorized  representative,  the  commissioner of labor, or   his or her
authorized representative, the commissioner of health,  or  his  or  her
authorized representative, the [welfare] STATE inspector general, or his
or her authorized representative, the county  board of supervisors, city
council,  town  board  or other board or body authorized and required to
appropriate funds for public assistance and care in and for such county,
city or town or its authorized representative or, by  authority  of  the
county,  city  or  town  social services official, to a person or agency
considered entitled to such information. Nothing herein shall preclude a

S. 2607--A                         57                         A. 3007--A

social services official from reporting  to  an  appropriate  agency  or
official,  including  law  enforcement  agencies  or officials, known or
suspected instances of  physical  or  mental  injury,  sexual  abuse  or
exploitation,  sexual  contact  with  a  minor or negligent treatment or
maltreatment of a child of which  the  official  becomes  aware  in  the
administration  of  public  assistance  and  care  nor shall it preclude
communication with the federal immigration  and  naturalization  service
regarding the immigration status of any individual.
  S  8.  Transfer  of  employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of functions
from the office of the welfare inspector general to the  office  of  the
state  inspector  general  pursuant  to  this  act, all employees of the
office of the welfare inspector general  shall  be  transferred  to  the
office of the state inspector general. Employees transferred pursuant to
this  act shall be transferred without further examination or qualifica-
tion and shall retain their respective  civil  service  classifications,
status  and  collective  bargaining  unit  designations  and  collective
bargaining agreements.
  S 9. Transfer of records. All  books,  papers,  and  property  of  the
office  of  the  welfare  inspector general, except those required to be
retained by the New York state attorney general  for  investigation  and
prosecution  of  pending  cases, shall be delivered to the office of the
state inspector general. All books, papers, and property of  the  office
of  the welfare inspector general shall continue to be maintained by the
office of the state inspector general.
  S 10. Continuity of authority. For the purpose of  succession  of  all
functions,  powers,  duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the office of  the
state  inspector  general  shall  be  deemed  and held to constitute the
continuation of the office of the welfare inspector general.
  S 11. Completion of unfinished business. Any business or other  matter
undertaken  or  commenced by the office of the welfare inspector general
pertaining to or connected with the functions, powers,  obligations  and
duties  hereby  transferred  and  assigned  to  the  office of the state
inspector general and pending on the effective date of this act  may  be
conducted  and completed by the office of the state inspector general in
the same manner and under the same terms and  conditions  and  with  the
same  effect  as if conducted and completed by the office of the welfare
inspector general, except the office  of  the  state  inspector  general
shall have no authority to prosecute any pending cases.
  S  12.  Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the office of the welfare
inspector general pertaining to the functions and powers  herein  trans-
ferred  and  assigned, in force at the time of such transfer and assump-
tion, shall continue in full force and  effect  as  rules,  regulations,
acts,  orders,  determinations  and decisions of the office of the state
inspector general until duly modified or abrogated by the state  inspec-
tor general.
  S 13. Terms occurring in laws, contracts and other documents.  Whenev-
er  the office of the welfare inspector general or the welfare inspector
general is referred to or designated in any law,  contract  or  document
pertaining  to  the  functions,  powers,  obligations  and duties hereby
transferred to and assigned to the office of the state inspector general
or the state inspector general, such reference or designation  shall  be
deemed  to  refer  to  the  office of the state inspector general or the
state inspector general, as applicable.

S. 2607--A                         58                         A. 3007--A

  S 14. Existing rights and remedies preserved.  No  existing  right  or
remedy  of  any  character  shall  be  lost, impaired or affected by any
provisions of this act.
  S 15. Pending actions and proceedings. No action or proceeding pending
at  the  time when this act shall take effect, brought by or against the
office of the welfare inspector general or the welfare inspector  gener-
al,  shall be affected by any provision of this act, but the same may be
prosecuted or defended in the name of the state inspector general or the
office of the state inspector general, except the office  of  the  state
inspector  general  shall  have  no  authority  to prosecute any pending
cases. In all such actions and proceedings, the state inspector general,
upon application of the court, shall be substituted as a party.
  S 16. Transfer of appropriations heretofore made.  All  appropriations
or reappropriations heretofore made to the office of the welfare inspec-
tor  general  to  the  extent  of  remaining  unexpended or unencumbered
balance thereof, whether allocated or unallocated and whether  obligated
or unobligated, are hereby transferred to and made available for use and
expenditure  by the office of the state inspector general subject to the
approval of the director of the budget for the same purposes  for  which
originally appropriated or reappropriated and shall be payable on vouch-
ers  certified  or  approved by the state inspector general on audit and
warrant of the comptroller.
  S 17. Transfer of assets and liabilities. All assets  and  liabilities
of the office of the welfare inspector general are hereby transferred to
and assumed by the office of the state inspector general.
  S 18. This act shall take effect immediately.

                                 PART J

  Section  1.  Paragraph (b) of subdivision 3 of section 425 of the real
property tax law, as amended by section 1 of part B of  chapter  389  of
the laws of 1997, is amended to read as follows:
  (b)  Primary  residence.  The property must serve as the primary resi-
dence of one or more of  the  owners  thereof.  THE  COMMISSIONER  SHALL
ESTABLISH  GUIDELINES  FOR  DETERMINING WHAT CONSTITUTES A PRIMARY RESI-
DENCE FOR PURPOSES OF THIS SECTION. SUCH  GUIDELINES  SHALL  BE  BINDING
UPON  APPLICANTS,  ASSESSORS  AND  ALL OTHER PARTIES FOR PURPOSES OF THE
ADMINISTRATION OF THE EXEMPTION AUTHORIZED BY THIS SECTION.
  S 2. Subdivisions 12 and 13 of section 425 of the  real  property  tax
law,  as  amended  by  section 1 of part B of chapter 389 of the laws of
1997, paragraph (a) of subdivision 12 as amended by section 12 of part W
of chapter 56 of the laws of 2010, paragraph (b) of  subdivision  12  as
amended  and  paragraph  (d)  of subdivision 12 as added by section 1 of
part N of chapter 58 of the laws of 2011 and paragraph (d)  of  subdivi-
sion  13  as  added  by section 2 of part N of chapter 58 of the laws of
2011, are amended and two new subdivisions 14 and 15 are added  to  read
as follows:
  12.  Revocation  of  prior  exemptions.  (a) Generally. In addition to
discontinuing the exemption on the  next  ensuing  tentative  assessment
roll,  if  the assessor determines that the property improperly received
the exemption on one or more of the  [three]  TEN  preceding  assessment
rolls, or is advised by the department that the applicable income stand-
ard  was  not  satisfied  with  regard  to a property which received the
enhanced exemption on one or more  of  those  rolls,  he  or  she  shall
proceed  to revoke the improperly granted prior exemption or exemptions.
If the assessor is advised that the department was unable to verify  the

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income  eligibility  of one or more participants in the income verifica-
tion program, the assessor shall mail that person  or  those  persons  a
notice in a form prescribed by the department requesting that the person
or  persons  document  their  income  in the same manner and to the same
extent as if the person or persons were submitting an  initial  applica-
tion  for  the  enhanced STAR exemption. If such income documentation is
not provided within forty-five days of such request, or if the  documen-
tation  provided  does  not  establish  the eligibility of the person or
persons to the assessor's satisfaction, the  assessor  shall  treat  the
exemption  as  an improperly granted exemption and proceed in the manner
provided by this subdivision.
  (b) Procedure. The assessed value attributable to each such improperly
granted exemption shall be entered separately on the next ensuing tenta-
tive or final assessment roll. The provisions of  section  five  hundred
fifty-one  or  five hundred fifty-three of this chapter, relating to the
entry by the assessor of omitted real property on a tentative  or  final
assessment  roll,  shall  apply  so far as practicable to the revocation
procedure IN THIS SUBDIVISION, except that:
  (I) the tax rate to be applied to any revoked exemption shall  be  the
tax  rate  that  was  applied to the corresponding assessment roll, [and
that]
  (II) interest shall then be added to each such  product  at  the  rate
prescribed by section nine hundred twenty-four-a of this chapter or such
other  law  as may be applicable for each month or portion thereon since
the levy of taxes upon the assessment  roll  or  rolls  upon  which  the
exemption was granted, AND
  (III)  A  PROCESSING  FEE OF FIVE HUNDRED DOLLARS SHALL BE ADDED. SUCH
PROCESSING FEE IMPOSED PURSUANT TO THIS SUBDIVISION SHALL BE RETAINED BY
THE ASSESSING UNIT.
  (c) Rights of owners. Each owner or owners shall be  given  notice  of
the  possible  revocation  UNDER  THIS SUBDIVISION of their exemption or
exemptions at the time and  in  the  manner  provided  by  section  five
hundred  ten  or  five hundred fifty-three of this chapter, and shall be
entitled to seek administrative and judicial review of  such  action  in
the manner provided by law.
  (d)  Applicability.  The  provisions  of this subdivision shall not be
applicable to the extent that  the  prior  exemptions  shall  have  been
renounced pursuant to section four hundred ninety-six of this article.
  13. Penalty for material misstatements. (a) Generally. If the assessor
should  determine, within [three] TEN years from the filing of an appli-
cation for exemption pursuant to this section, that there was a material
misstatement on the application, he or she shall  proceed  to  impose  a
penalty  tax against the property of [one hundred dollars] EITHER TWENTY
PERCENT OF THE TOTAL AMOUNT OF THE IMPROPERLY RECEIVED TAX  SAVINGS,  OR
ONE  HUNDRED  DOLLARS,  WHICHEVER  IS  GREATER.  An application shall be
deemed to contain a material misstatement for this purpose when either:
  (i) the applicant or applicants claimed that the  property  was  their
primary residence, when it was not; or
  (ii)    THE APPLICANT OR APPLICANTS CLAIMED THAT THEY HAD RELINQUISHED
THE STAR EXEMPTION ON THEIR FORMER PRIMARY RESIDENCE, WHEN THEY HAD NOT;
OR
  (III) in the case of an application for  the  enhanced  exemption  for
property owned by senior citizens, the applicant or applicants misrepre-
sented  their age or income so as to appear eligible for such exemption,
when they were not.

S. 2607--A                         60                         A. 3007--A

  (b) Procedure. When the assessor determines that a penalty tax  should
be  imposed, the penalty tax shall be entered on the next ensuing tenta-
tive or final assessment roll. The procedures set forth in section  five
hundred  fifty-one or five hundred fifty-three of this chapter, relating
to  the entry by the assessor of omitted real property on a tentative or
final assessment roll, shall apply so far as practicable when imposing a
penalty tax pursuant to this subdivision. Each owner or owners shall  be
given notice of the possible imposition of a penalty tax at the time and
in  the  manner  provided  by  section  five hundred ten or five hundred
fifty-three of this chapter, and shall be entitled to  seek  administra-
tive  and  judicial review of such action in the manner provided by law.
Any penalty tax imposed pursuant to this subdivision shall  be  retained
by the assessing unit.
  (c)  Additional consequences. A penalty tax may be imposed pursuant to
this subdivision whether or not the improper exemption has been  revoked
in the manner provided by this section. In addition, a person or persons
who are found to have made a material misstatement shall be disqualified
from  further  exemption pursuant to this section for a period of [five]
TEN years, and may be subject to prosecution pursuant to the penal law.
  (d) Applicability. The provisions of this  subdivision  shall  not  be
applicable  to  the  extent  that  the  prior exemptions shall have been
renounced pursuant to section four hundred ninety-six of this article.
  14. STAR REGISTRATION PROGRAM. (A) THE  COMMISSIONER  SHALL  ESTABLISH
AND  IMPLEMENT  A PROGRAM UNDER WHICH ALL OWNERS OF PROPERTIES INITIALLY
APPLYING FOR AND  THOSE  RECEIVING  A  BASIC  STAR  EXEMPTION  SHALL  BE
REQUIRED  TO  BE REGISTERED WITH THE COMMISSIONER IN THE MANNER, AT SUCH
INTERVALS, AND BY THE DATE OR DATES PRESCRIBED BY THE COMMISSIONER.
  (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE  COMMIS-
SIONER  SHALL  DIRECT THE REMOVAL OR DENIAL OF A STAR EXEMPTION IF HE OR
SHE FINDS THAT ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST:
  (I) ALL OWNERS OF  THE  PROPERTY  HAVE  NOT  BEEN  REGISTERED  BY  THE
PRESCRIBED  DATE  AND NO ACCEPTABLE JUSTIFICATION HAS BEEN PRESENTED FOR
SUCH FAILURE;
  (II) THE OWNERS OF THE PROPERTY ARE IMPROPERLY RECEIVING MULTIPLE STAR
EXEMPTIONS;
  (III) THE PROPERTY DOES NOT SERVE AS THE PRIMARY RESIDENCE OF  ANY  OF
ITS OWNERS;
  (IV) THE APPLICABLE INCOME LIMITATION HAS BEEN EXCEEDED; OR
  (V) THE PROPERTY IS OTHERWISE INELIGIBLE FOR THE STAR EXEMPTION.
  (C)  PRIOR  TO  DIRECTING  THAT  A STAR EXEMPTION BE REMOVED OR DENIED
PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE THE PROPER-
TY OWNERS WITH NOTICE AND AN OPPORTUNITY TO SHOW THE  COMMISSIONER  THAT
THE PROPERTY IS ELIGIBLE TO RECEIVE THE EXEMPTION. IF THE OWNERS FAIL TO
RESPOND  TO  SUCH  NOTICE,  OR  IF  THEIR  RESPONSE DOES NOT SHOW TO THE
COMMISSIONER'S SATISFACTION  THAT  THE  PROPERTY  IS  ELIGIBLE  FOR  THE
EXEMPTION,  THE  COMMISSIONER  SHALL DIRECT THE ASSESSOR OR OTHER PERSON
HAVING CUSTODY OR CONTROL OF THE ASSESSMENT ROLL OR TAX ROLL  TO  REMOVE
OR  DENY  THE  EXEMPTION,  AND  TO  CORRECT THE ROLL ACCORDINGLY. SUCH A
DIRECTIVE SHALL BE BINDING UPON THE  ASSESSOR  OR  OTHER  PERSON  HAVING
CUSTODY  OR  CONTROL  OF  THE  ASSESSMENT ROLL OR TAX ROLL, AND SHALL BE
IMPLEMENTED BY SUCH PERSON WITHOUT THE NEED FOR FURTHER DOCUMENTATION OR
APPROVAL.
  (D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION SIX
OF THIS SECTION, NEITHER AN ASSESSOR NOR A BOARD  OF  ASSESSMENT  REVIEW
HAS  THE  AUTHORITY TO CONSIDER AN OBJECTION TO THE REMOVAL OR DENIAL OF
AN EXEMPTION PURSUANT TO THIS SUBDIVISION, NOR MAY  SUCH  AN  ACTION  BE

S. 2607--A                         61                         A. 3007--A

REVIEWED  IN  A PROCEEDING TO REVIEW AN ASSESSMENT PURSUANT TO TITLE ONE
OR ONE-A OF ARTICLE SEVEN OF THIS CHAPTER. SUCH AN ACTION  MAY  ONLY  BE
CHALLENGED  BEFORE THE DEPARTMENT OF TAXATION AND FINANCE ON THE GROUNDS
OF  A  MISTAKE  OF  FACT. THE TAXPAYER SHALL HAVE NO RIGHT TO COMMENCE A
COURT ACTION, ADMINISTRATIVE PROCEEDING  OR  ANY  OTHER  FORM  OF  LEGAL
RECOURSE  AGAINST  THE  COMMISSIONER,  THE  DEPARTMENT  OF  TAXATION AND
FINANCE, ASSESSOR OR OTHER PERSON  HAVING  CUSTODY  OR  CONTROL  OF  THE
ASSESSMENT ROLL OR TAX ROLL REGARDING SUCH ACTION.
  (E) THE COMMISSIONER SHALL BE ENTITLED TO UTILIZE INFORMATION FROM ANY
FILINGS  OF  A  TAXPAYER  WITH THE DEPARTMENT OF TAXATION AND FINANCE IN
CONJUNCTION WITH THE STAR REGISTRATION PROGRAM. THE  DISCLOSURE  TO  THE
ASSESSOR  OR  OTHER  PERSON  HAVING CUSTODY OR CONTROL OF THE ASSESSMENT
ROLL OR TAX ROLL OF NAMES AND ADDRESSES OF PROPERTY OWNERS  AFFECTED  BY
THIS  SUBDIVISION,  COLLECTED  FROM  THE  REGISTRATION PROCESS AND OTHER
FILINGS WITH THE DEPARTMENT OF TAXATION AND FINANCE SHALL NOT CONSTITUTE
A VIOLATION OF THE SECRECY PROVISIONS OF THE TAX LAW.  THE  COMMISSIONER
SHALL PROVIDE NO OTHER INFORMATION ABOUT THE INCOME OF A TAXPAYER TO THE
ASSESSOR  OR  OTHER  PERSON  HAVING CUSTODY OR CONTROL OF THE ASSESSMENT
ROLL OR TAX ROLL.
  15. DISCLOSURE OF CERTAIN DATA.  THE  COMMISSIONER  IS  AUTHORIZED  TO
DISCLOSE TO ASSESSORS AND COUNTY DIRECTORS OF REAL PROPERTY TAX SERVICES
SUCH  DATA  AS HE OR SHE DEEMS NECESSARY TO THE EFFECTIVE ADMINISTRATION
OF THE STAR EXEMPTION AUTHORIZED BY THIS  SECTION,  NOTWITHSTANDING  THE
SECRECY  PROVISIONS  OF THE TAX LAW, PROVIDED THAT THE DATA SO DISCLOSED
SHALL NOT BE SUBJECT TO FURTHER DISCLOSURE  UNDER  ARTICLE  SIX  OF  THE
PUBLIC OFFICERS LAW OR OTHERWISE.
  S 3. This act shall take effect April 1, 2013.

                                 PART K

  Section  1.  Articles 16 and 17 of the private housing finance law are
REPEALED.
  S 2. The private housing finance law is amended by adding a new  arti-
cle 27 to read as follows:
                               ARTICLE XXVII
                     COMMUNITY PRESERVATION PROGRAM
SECTION 1230. PURPOSE.
        1231. DEFINITIONS.
        1232. PROGRAM CONTRACTS.
        1233. TECHNICAL  SERVICES  AND ASSISTANCE TO COMMUNITY PRESERVA-
                TION CORPORATIONS.
        1234. RULES AND REGULATIONS.
        1235. ANNUAL REPORT.
        1236. RELATIONSHIP TO OTHER LAWS.
  S 1230. PURPOSE. THERE CONTINUES TO EXIST IN ALL AREAS  OF  THE  STATE
SIGNIFICANT UNMET HOUSING NEEDS OF PERSONS AND FAMILIES OF LOW OR MODER-
ATE INCOME, NUMEROUS HOUSING UNITS WHICH ARE DETERIORATING OR IN NEED OF
REHABILITATION  OR IMPROVEMENT, AND RELATED FACTORS DEMONSTRATING A NEED
FOR ATTENTION TO HOUSING PRESERVATION AND COMMUNITY REVITALIZATION.   IT
IS  THE  PURPOSE  OF  THIS ARTICLE TO ESTABLISH A COMMUNITY PRESERVATION
PROGRAM WITHIN THE HOUSING TRUST FUND CORPORATION.
  S 1231. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "HOUSING TRUST FUND CORPORATION" SHALL MEAN THE HOUSING TRUST  FUND
CORPORATION AS CREATED BY SECTION FORTY-FIVE-A OF THIS CHAPTER.
  2.  "COMMUNITY  PRESERVATION  CORPORATION"  SHALL  MEAN  A CORPORATION
ORGANIZED UNDER THE PROVISIONS OF  THE  NOT-FOR-PROFIT  CORPORATION  LAW

S. 2607--A                         62                         A. 3007--A

THAT  HAS  BEEN  ENGAGED PRIMARILY IN HOUSING PRESERVATION AND COMMUNITY
RENEWAL ACTIVITIES AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION.
  3. "ELIGIBLE APPLICANT" SHALL MEAN ANY COMMUNITY CORPORATION OR COMBI-
NATION  OF  CORPORATIONS  IN EXISTENCE FOR A PERIOD OF ONE OR MORE YEARS
PRIOR TO APPLICATION.
  4. "REGION" SHALL MEAN ANY COMMUNITY AREA WITHIN THE STATE SUCH  AS  A
COUNTY,  CITY, TOWN, VILLAGE, POSTAL ZONE, OR CENSUS TRACT OR ANY SPECI-
FIED PART OR COMBINATION THEREOF AS APPROVED BY THE HOUSING  TRUST  FUND
CORPORATION, WITHIN WHICH HOUSING AND COMMUNITY RENEWAL ACTIVITIES FUND-
ED IN PART PURSUANT TO THIS ARTICLE ARE TO BE CARRIED OUT.
  5.  "HOUSING PRESERVATION AND COMMUNITY RENEWAL ACTIVITIES" SHALL MEAN
ACTIVITIES ENGAGED IN BY A COMMUNITY PRESERVATION CORPORATION  WITHIN  A
REGION,  PROVIDED,  HOWEVER, THAT THE HOUSING TRUST FUND CORPORATION MAY
ALLOW A COMMUNITY PRESERVATION CORPORATION TO ENGAGE IN SUCH  ACTIVITIES
IN UNSERVED AND UNDERSERVED AREAS OF A MUNICIPALITY LYING OUTSIDE OF ITS
DESIGNATED  REGION, THAT INCLUDE: (A) THE NEW CONSTRUCTION OR THE ACQUI-
SITION,  MAINTENANCE,  PRESERVATION,  REPAIR,  REHABILITATION  OR  OTHER
IMPROVEMENT  OF VACANT OR OCCUPIED HOUSING ACCOMMODATIONS; DEMOLITION OR
SEALING OF VACANT STRUCTURES WHERE NECESSARY OR APPROPRIATE; DISPOSITION
OF HOUSING ACCOMMODATIONS TO PRESENT OR POTENTIAL OCCUPANTS OR CO-OPERA-
TIVE ORGANIZATIONS; TRAINING OR OTHER FORMS OF ASSISTANCE  TO  OCCUPANTS
OF  HOUSING  ACCOMMODATIONS; AND MANAGEMENT OF HOUSING ACCOMMODATIONS AS
AGENT FOR THE OWNERS, RECEIVERS, ADMINISTRATORS  OR  MUNICIPALITIES;  OR
(B)  ACTIVITIES,  SIMILAR  TO  THOSE  SPECIFIED IN PARAGRAPH (A) OF THIS
SUBDIVISION, AIMED AT ACCOMPLISHING SIMILAR PURPOSES AND MEETING SIMILAR
NEEDS WITH RESPECT TO RETAIL AND SERVICE ESTABLISHMENTS WITHIN A  REGION
WHEN CARRIED OUT IN CONNECTION WITH AND INCIDENTAL TO A PROGRAM OF HOUS-
ING RELATED ACTIVITIES.
  6.  "PERSONS  OF LOW INCOME" SHALL MEAN INDIVIDUALS AND FAMILIES WHOSE
ANNUAL INCOMES DO NOT EXCEED NINETY PERCENT OF THE MEDIAN ANNUAL  INCOME
FOR  ALL  RESIDENTS  OF  THE REGION WITHIN WHICH THEY RESIDE OR A LARGER
AREA ENCOMPASSING SUCH REGION FOR WHICH  MEDIAN  ANNUAL  INCOME  CAN  BE
DETERMINED.
  7.  "MERGED  CORPORATION"  SHALL  MEAN A COMMUNITY PRESERVATION CORPO-
RATION MAINTAINING A CONTRACT PURSUANT TO THIS ARTICLE THAT  HAS  UNDER-
GONE  A  MERGER  WITH  ONE  OR  MORE OTHER COMMUNITY PRESERVATION CORPO-
RATIONS, WHICH IS ALSO MAINTAINING A CONTRACT PURSUANT TO THIS  ARTICLE,
THAT  HAS  LED  THE MERGED CORPORATION TO REDUCE THE NUMBER OF CONTRACTS
BEING MAINTAINED WITH THE HOUSING TRUST  FUND  CORPORATION  PURSUANT  TO
THIS ARTICLE TO A TOTAL OF ONE.
  8.  "UNMERGED  CORPORATION" SHALL MEAN A COMMUNITY PRESERVATION CORPO-
RATION THAT IS NOT A MERGED CORPORATION.
  S 1232. PROGRAM CONTRACTS. 1. IN ORDER TO BE ELIGIBLE TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, AN ELIGIBLE APPLICANT SHALL SUBMIT A  PROPOSAL
BASED ON CRITERIA AS DETERMINED BY THE HOUSING TRUST FUND CORPORATION.
  2.  WITHIN  THE LIMIT OF FUNDS AVAILABLE IN THE COMMUNITY PRESERVATION
APPROPRIATION,  THE  HOUSING  TRUST  FUND  CORPORATION  MAY  ENTER  INTO
CONTRACTS WITH CORPORATIONS TO PROVIDE HOUSING PRESERVATION AND COMMUNI-
TY RENEWAL ACTIVITIES.
  3.  IN DETERMINING TO ENTER INTO A CONTRACT WITH A COMMUNITY PRESERVA-
TION CORPORATION OR CORPORATIONS PURSUANT TO THIS  ARTICLE  THE  HOUSING
TRUST  FUND  CORPORATION  SHALL DETERMINE THAT THE DEMOGRAPHIC AND OTHER
RELEVANT DATA PERTAINING TO A REGION AS SPECIFIED IN THE CONTRACT  INDI-
CATE  THAT  SUCH  REGION  CONTAINS  SIGNIFICANT  UNMET  HOUSING NEEDS OF
PERSONS OF LOW INCOME, THAT THE HOUSING STOCK OF SUCH REGION, BECAUSE OF
ITS AGE, DETERIORATION, OR OTHER FACTORS, REQUIRES IMPROVEMENT IN  ORDER

S. 2607--A                         63                         A. 3007--A

TO  PRESERVE  THE COMMUNITIES WITHIN THE REGION AND THAT THE CORPORATION
PROPOSES TO ASSIST SUCH REGION THROUGH ACTIVE INTERVENTION TO EFFECT THE
REGION'S PRESERVATION, STABILIZATION OR IMPROVEMENT. THE  HOUSING  TRUST
FUND  CORPORATION  SHALL  ALSO DETERMINE THAT THE COMMUNITY PRESERVATION
CORPORATION POSSESSES OR WILL ACQUIRE OR GAIN ACCESS  TO  THE  REQUISITE
STAFF,  OFFICE FACILITIES WITHIN SUCH COMMUNITY, EQUIPMENT AND EXPERTISE
TO ENABLE IT TO PERFORM THE ACTIVITIES WHICH IT  PROPOSES  TO  UNDERTAKE
PURSUANT  TO  SUCH  CONTRACT;  PROVIDED, HOWEVER, THAT THE MERGED CORPO-
RATION'S OFFICE FACILITIES MAY BE LOCATED OUTSIDE SUCH COMMUNITY IF THEY
ARE LOCATED IN A COMMUNITY WHOLLY CONTAINED  WITHIN  THE  MERGED  CORPO-
RATION'S  COMMUNITY, AND PROVIDED FURTHER, HOWEVER, THAT IT SHALL NOT BE
A BAR TO THE HOUSING TRUST FUND CORPORATION'S CONTRACTING WITH A  COMMU-
NITY  PRESERVATION  CORPORATION  THAT ONE OR MORE ORGANIZATIONS, WHETHER
PURSUANT TO CONTRACT WITH THE HOUSING TRUST FUND CORPORATION OR NOT, ARE
CONDUCTING COMMUNITY PRESERVATION ACTIVITIES WHOLLY OR PARTIALLY  WITHIN
THE  SAME  COMMUNITY. THE COMMUNITY PRESERVATION CORPORATION'S OFFICERS,
DIRECTORS AND MEMBERS SHALL BE FAIRLY REPRESENTATIVE  OF  THE  RESIDENTS
AND  OTHER  LEGITIMATE  INTERESTS OF THE COMMUNITY, THAT THEY WILL CARRY
OUT  SUCH  A  CONTRACT  IN  A  RESPONSIBLE  MANNER  AND  THAT  AT  LEAST
THIRTY-THREE  PERCENT  OF  THE  DIRECTORS  OF THE COMMUNITY PRESERVATION
CORPORATION ARE RESIDENTS OF THE COMMUNITY.
  4. EACH CONTRACT ENTERED INTO PURSUANT TO THIS ARTICLE  SHALL  PROVIDE
FOR PAYMENT TO THE CORPORATION FOR THE HOUSING PRESERVATION AND COMMUNI-
TY  RENEWAL ACTIVITIES TO BE PERFORMED BY IT. PAYMENTS SHALL BE BASED ON
PERFORMANCE CRITERIA ESTABLISHED BY THE HOUSING TRUST FUND CORPORATION.
  5. PAYMENT PURSUANT TO  THIS  ARTICLE  SHALL  BE  RESTRICTED  TO  SUMS
REQUIRED  FOR  THE  PAYMENT  OF  SALARIES AND WAGES TO EMPLOYEES OF SUCH
CORPORATIONS WHO ARE  ENGAGED  IN  RENDERING  HOUSING  PRESERVATION  AND
COMMUNITY  RENEWAL  ACTIVITIES,  FEES  TO  CONSULTANTS AND PROFESSIONALS
RETAINED BY THEM FOR PLANNING AND PERFORMING SUCH ACTIVITIES  AND  OTHER
COSTS  AND  EXPENSES DIRECTLY RELATED TO SUCH EMPLOYEES, CONSULTANTS AND
PROFESSIONALS. SUCH FUNDS MAY BE USED FOR PLANNING ANY HOUSING PRESERVA-
TION AND COMMUNITY  RENEWAL  ACTIVITY  AND  FOR  RENOVATING,  REPAIRING,
FURNISHING,  EQUIPPING  AND  OPERATING  AN OFFICE FACILITY TO BE USED IN
CONNECTION WITH  THE  CONDUCT  OF  HOUSING  PRESERVATION  AND  COMMUNITY
RENEWAL ACTIVITIES BY THE CORPORATION.
  6.  CONTRACTS  PURSUANT  TO  THIS  SECTION SHALL BE FOR A PERIOD TO BE
DETERMINED AT THE DISCRETION OF THE HOUSING TRUST FUND CORPORATION.
  7. THE HOUSING TRUST FUND CORPORATION MAY WITHHOLD  PAYMENTS  AND  MAY
ELECT  NOT  TO RENEW OR EXTEND A CONTRACT OR ENTER A SUCCEEDING CONTRACT
WITH ANY COMMUNITY PRESERVATION CORPORATION IF THE CORPORATION IS NOT IN
COMPLIANCE  WITH  ITS  CONTRACT,  HAS  FAILED  TO  SUBMIT  DOCUMENTATION
REQUIRED  UNDER  ITS  CONTRACT  OR  REQUESTED  BY THE HOUSING TRUST FUND
CORPORATION OR HAS NOT SATISFIED ANY OTHER  CONDITIONS  CONSISTENT  WITH
THIS ARTICLE FOR RENEWING OR EXTENDING A CONTRACT OR ENTERING A SUCCEED-
ING CONTRACT.
  8.  THE  HOUSING  TRUST FUND CORPORATION MAY ENTER INTO CONTRACTS WITH
NEW COMMUNITY PRESERVATION CORPORATIONS TO PERFORM HOUSING  PRESERVATION
AND  COMMUNITY  RENEWAL  ACTIVITIES  IN  A COMMUNITY THAT IS UNSERVED OR
UNDERSERVED AS DETERMINED BY THE HOUSING TRUST FUND CORPORATION.
  9. IF FUNDS ARE NOT COLLECTED BY A COMMUNITY PRESERVATION  CORPORATION
OR   FUNDS  ARE  REMAINING  FROM  A  TERMINATED  COMMUNITY  PRESERVATION
CONTRACT, SUCH FUNDS MAY BE DEPOSITED IN THE MERGED CORPORATION  SAVINGS
FUND  AND  USED TO FUND A NEW COMMUNITY PRESERVATION CORPORATION, MAY BE
REALLOCATED TO THE EXISTING CORPORATIONS, MAY BE USED TO PROVIDE TECHNI-

S. 2607--A                         64                         A. 3007--A

CAL ASSISTANCE OR MAY BE USED FOR OTHER COMMUNITY  PRESERVATION  PROGRAM
PURPOSES AS DETERMINED BY THE HOUSING TRUST FUND CORPORATION.
  10.  WHEN  DISBURSING  FUNDS FOR CONTRACTS WITH COMMUNITY PRESERVATION
CORPORATIONS, PURSUANT TO THIS ARTICLE, THE HOUSING  TRUST  FUND  CORPO-
RATION  SHALL  USE THE FOLLOWING CRITERIA, FORMULAS AND TABLES TO DETER-
MINE THE DISTRIBUTION OF FUNDS:
  (A) (I) THE TOTAL UNMERGED CORPORATION FUNDING SHALL EQUAL THE CURRENT
NUMBER OF UNMERGED CORPORATION CONTRACTS MULTIPLIED  BY  THE  PER  GROUP
AWARD.
  (II) THE UNMERGED CORPORATION FUNDING SHALL EQUAL THE PER GROUP AWARD.
  (III) THE MERGED CORPORATION FUNDING SHALL EQUAL THE FUNDING MODIFICA-
TION MULTIPLIED BY THE PER GROUP AWARD.
  (B)  MERGED  CORPORATION  FUNDING SHALL BE DETERMINED ON AN INDIVIDUAL
BASIS FOR EACH COMMUNITY PRESERVATION CORPORATION. THE FOLLOWING  TABLES
SHOW THE FUNDING MODIFICATION TO BE USED:
  (I) IN THE CASE OF TWO CORPORATIONS MERGING, THE FOLLOWING TABLE SHALL
BE USED:
     YEARS SINCE      FUNDING
        MERGER      MODIFICATION
          1             200%
          2             190%
          3             180%
          4             170%
          5             160%
          6             150%
  (II)  IN  THE  CASE OF THREE CORPORATIONS MERGING, THE FOLLOWING TABLE
SHALL BE USED:
     YEARS SINCE      FUNDING
        MERGER      MODIFICATION
           1            300%
           2            290%
           3            280%
           4            270%
           5            260%
           6            250%
           7            240%
           8            230%
           9            220%
          10            210%
          11            200%
  (III) IN THE CASE OF FOUR OR MORE CORPORATIONS MERGING, THE  FOLLOWING
TABLE SHALL BE USED:
     YEARS SINCE      FUNDING
        MERGER      MODIFICATION
           1            400%
           2            390%
           3            380%
           4            370%
           5            360%
           6            350%
           7            340%
           8            330%
           9            320%
          10            310%
          11            300%
          12            290%

S. 2607--A                         65                         A. 3007--A

          13            280%
          14            270%
          15            260%
          16            250%
  (C) IF A COMMUNITY PRESERVATION CORPORATION THAT HAS UNDERGONE A MERG-
ER CONTINUES TO RENEW THEIR CONTRACT BEYOND THE TIMEFRAMES LISTED IN THE
ABOVE  TABLES, IT SHALL HAVE ITS FUNDING DETERMINED USING THE LAST FUND-
ING MODIFICATION LISTED.
  (D) THE MERGED CORPORATION SAVINGS SHALL BE DETERMINED ON AN  INDIVID-
UAL  BASIS  FOR  EACH  MERGED  CORPORATION.  IT  SHALL  BE CALCULATED BY
SUBTRACTING THE AMOUNT OF SUCH CORPORATION'S MERGED CORPORATION  FUNDING
FROM  THE AMOUNT THE MERGED CORPORATIONS WOULD HAVE RECEIVED IF THEY HAD
MAINTAINED SEPARATE CONTRACTS.
  (E) THE PER GROUP AWARD SHALL BE  DETERMINED  BY  DIVIDING  THE  TOTAL
FUNDING  AVAILABLE, MINUS THE AMOUNTS OF ANY CONTRACTS FOR THE PROVISION
OF TECHNICAL ASSISTANCE, BY THE NUMBER OF COMMUNITY PRESERVATION  CORPO-
RATIONS DETERMINED TO BE QUALIFIED FOR FUNDING BY THE HOUSING TRUST FUND
CORPORATION  AS  OF  THE  EFFECTIVE  DATE OF THIS ARTICLE AND SUBSEQUENT
THERETO, WHICH WERE IN  EXISTENCE  AS  OF  AUGUST  FIRST,  TWO  THOUSAND
TWELVE,  OR WHICH CAME INTO EXISTENCE THEREAFTER, MINUS ANY CORPORATIONS
WHICH HAVE CEASED TO EXIST AND WERE NOT REPLACED OR MERGED.
  11. THE HOUSING TRUST FUND CORPORATION SHALL CREATE A FUND TO HOLD AND
SHALL TRANSFER ALL FUNDS DETERMINED TO  BE  MERGED  CORPORATION  SAVINGS
PURSUANT  TO  PARAGRAPH (D) OF SUBDIVISION TEN OF THIS SECTION INTO SUCH
FUND. THE HOUSING TRUST FUND CORPORATION SHALL USE SUCH FUNDS, AS AVAIL-
ABLE, FOR ENTERING INTO NEW CONTRACTS OR REALLOCATING FUNDS TO  EXISTING
CORPORATIONS,  PURSUANT  TO  THIS  SECTION,  WITH COMMUNITY PRESERVATION
CORPORATIONS LOCATED IN AREAS OF THE STATE THAT ARE  CURRENTLY  UNSERVED
BY A COMMUNITY PRESERVATION CORPORATION.
  S  1233.  TECHNICAL  SERVICES AND ASSISTANCE TO COMMUNITY PRESERVATION
CORPORATIONS. THE HOUSING TRUST FUND CORPORATION IS HEREBY AUTHORIZED TO
RENDER TO COMMUNITY PRESERVATION CORPORATIONS  SUCH  TECHNICAL  SERVICES
AND  ASSISTANCE AS IT MAY POSSESS OR AS MAY BE AVAILABLE TO IT TO ENABLE
SUCH CORPORATIONS TO COMPLY WITH THE INTENT AND PROVISIONS OF THIS ARTI-
CLE. THE HOUSING TRUST FUND CORPORATION IS FURTHER  AUTHORIZED  TO  TAKE
ALL  STEPS NECESSARY TO ENCOURAGE THE FORMATION, ORGANIZATION AND GROWTH
OF NEW COMMUNITY  PRESERVATION  CORPORATIONS.  THE  HOUSING  TRUST  FUND
CORPORATION  MAY  ALSO CONTRACT WITH MUNICIPAL AND OTHER PUBLIC AGENCIES
AND WITH PRIVATE PERSONS, FIRMS AND CORPORATIONS FOR  THE  PROVISION  OF
SUCH  TECHNICAL  SERVICES  AND ASSISTANCE WHICH MAY INCLUDE: PREPARATION
AND SUBMISSION OF PROPOSALS FOR ENTERING INTO CONTRACTS WITH THE HOUSING
TRUST FUND CORPORATION; PREPARATION AND SUBMISSION OF  REPORTS  REQUIRED
UNDER  SUCH  CONTRACTS  OR  REGULATIONS ISSUED BY THE HOUSING TRUST FUND
CORPORATION; INTERNAL ORGANIZATION AND MANAGEMENT OF THE COMMUNITY PRES-
ERVATION CORPORATIONS; RECRUITMENT AND  TRAINING  OF  PERSONNEL  OF  THE
COMMUNITY  PRESERVATION CORPORATIONS; PREPARATION OF PLANS AND PROJECTS,
NEGOTIATION OF AGREEMENTS AND COMPLIANCE WITH REQUIREMENTS  OF  PROGRAMS
IN  WHICH  COMMUNITY PRESERVATION CORPORATIONS MAY BECOME ENGAGED IN THE
COURSE OF THEIR COMMUNITY PRESERVATION ACTIVITIES; AND  OTHER  TECHNICAL
ADVICE  OR ASSISTANCE RELATING TO THE PERFORMANCE OR RENDITION OF COMMU-
NITY PRESERVATION ACTIVITIES.
  S 1234. RULES AND REGULATIONS. THE HOUSING TRUST FUND CORPORATION  MAY
ISSUE RULES AND REGULATIONS OR OPERATIONAL BULLETINS FOR THE APPLICATION
AND AWARDING OF FUNDS UNDER THIS ARTICLE.
  S 1235. ANNUAL REPORT. THE HOUSING TRUST FUND CORPORATION SHALL, ON OR
BEFORE  SEPTEMBER THIRTIETH IN EACH YEAR SUBMIT A REPORT TO THE LEGISLA-

S. 2607--A                         66                         A. 3007--A

TURE ON THE IMPLEMENTATION OF THIS ARTICLE. SUCH REPORT  SHALL  INCLUDE,
BUT  NOT  BE  LIMITED  TO, FOR EACH CORPORATION RECEIVING PAYMENTS UNDER
THIS ARTICLE: A DESCRIPTION OF SUCH CORPORATION'S  CONTRACT  AMOUNT  AND
CUMULATIVE   TOTAL;   THE  SPECIFIC  COMMUNITY  PRESERVATION  ACTIVITIES
PERFORMED BY SUCH CORPORATION; THE  FINDINGS  REQUIRED  BY  THE  HOUSING
TRUST FUND CORPORATION UNDER SUBDIVISION THREE OF SECTION TWELVE HUNDRED
THIRTY-TWO OF THIS ARTICLE; THE AMOUNTS OF MONIES RECEIVED BY THE CORPO-
RATION  FROM  SOURCES OTHER THAN PAYMENTS MADE PURSUANT TO THIS ARTICLE;
THE VALUE OF SERVICES RENDERED FOR THE BENEFIT OF  THE  CORPORATION  FOR
WHICH  PAYMENT IS NOT REQUIRED TO BE MADE; AND SUCH OTHER INFORMATION AS
THE HOUSING TRUST FUND CORPORATION DEEMS APPROPRIATE.
  S 1236. RELATIONSHIP TO OTHER LAWS. NOTHING IN THIS ARTICLE  SHALL  BE
DEEMED  TO DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO SEEK OR RECEIVE
ASSISTANCE UNDER, OR OTHERWISE PARTICIPATE IN, ANY OTHER PROGRAM  PURSU-
ANT TO THIS CHAPTER, OR ANY OTHER GOVERNMENTAL PROGRAM RELATING TO HOUS-
ING  OR  COMMUNITY RENEWAL.   NOTHING IN THIS ARTICLE SHALL BE DEEMED TO
DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO CARRY OUT ANY  PROGRAM  OR
SERVICE THROUGH A SUBSIDIARY CORPORATION OR OTHER INSTRUMENTALITY.
  S  3. Subdivision 5 of section 921 of the private housing finance law,
as added by chapter 166 of the laws of  1991,  is  amended  to  read  as
follows:
  5.  "Neighborhood"  shall mean an area within the municipality identi-
fied by recognized or established boundaries consistent with a  determi-
nation  of neighborhood eligibility under article [sixteen] TWENTY-SEVEN
of this chapter.
  S 4. The opening paragraph of section  1021  of  the  private  housing
finance  law, as added by chapter 911 of the laws of 1982, is amended to
read as follows:
  As used in this article, any term defined in article [seventeen] TWEN-
TY-SEVEN of this chapter shall have the same meaning herein as set forth
therein and the following terms shall have the following meanings:
  S 5. Section 1051 of the private housing  finance  law,  as  added  by
chapter 725 of the laws of 1983, is amended to read as follows:
  S  1051. Legislative findings and statement of policy. The legislature
hereby finds and declares that there exists  in  many  portions  of  the
rural  areas  of  the  state  substantial  needs  for revitalization and
improvement of housing and of local commercial and  service  facilities,
and  for related community renewal activities. The findings set forth in
article [seventeen] TWENTY-SEVEN of this chapter, with  respect  to  the
special  needs  and problems of such areas and the significant potential
role of locally based not-for-profit organizations in  helping  to  meet
such  needs,  are  hereby  reaffirmed. The legislature hereby determines
that, in addition to the program of  state  support  to  help  meet  the
administrative  expenses of such organizations under article [seventeen]
TWENTY-SEVEN, a further public  need  exists  for  state  funding  of  a
portion  of the costs of specific revitalization projects carried out by
such groups and similar local organizations. It is the purpose  of  this
article to encourage community preservation and improvement in the rural
area of the state by establishing a program of such funding.
  S  6.  Section  1052  of  the private housing finance law, as added by
chapter 725 of the laws of 1983 and paragraph 3 of  subdivision  (b)  as
added by chapter 166 of the laws of 1991, is amended to read as follows:
  S 1052. Definitions. As used in this article:
  (a)  all  terms  defined  in  article [seventeen] TWENTY-SEVEN of this
chapter shall have the same meanings herein as specified therein; and
  (b) the following terms shall have the following meanings:

S. 2607--A                         67                         A. 3007--A

  (1) "rural area revitalization  project"  means  a  specific  work  or
series  of  works  for the revitalization and improvement of a region of
the rural area of the state through creation, preservation  or  improve-
ment  of  housing  resources;  creation,  preservation or improvement of
local commercial facilities; restoration or improvement of public facil-
ities  or other aspects of the area environment; related community pres-
ervation or renewal activities; or any combination of the above.
  (2) "qualified applicant" means  a  not-for-profit  corporation  under
contract pursuant to article [seventeen] TWENTY-SEVEN of this chapter or
any  other locally based organization which is either incorporated under
the not-for-profit corporation law (or such law together with any  other
applicable  law) or, if unincorporated, is not organized for the private
profit or benefit of its members.
  (3) "Corporation" means the housing trust fund corporation established
in section forty-five-a of this chapter.
  S 7. Subdivision 3 of section 1053 of the private housing finance law,
as amended by chapter 63 of the laws of 2012,  is  amended  to  read  as
follows:
  3. Each contract pursuant to this section shall provide for payment by
the  corporation  for  the  activities to be carried out pursuant to the
contract. Such payment shall be based on the  projected  costs  of  such
activities  and  the  other sources of funding which may be available to
the applicant (including, if applicable,  funding  pursuant  to  article
[seventeen]  TWENTY-SEVEN  of  this  chapter) from any source. Up to ten
percent of the program or project cost may be  used  for  the  qualified
applicant's  operating  expenses including expenses related to organiza-
tion operating support and administration of  the  contract.  The  total
state  payment pursuant to any one contract shall not exceed two hundred
thousand dollars.
  S 8. This act shall take effect July 1, 2013.

                                 PART L

  Section 1. Subdivision 8 of section 2404 of the public authorities law
is REPEALED and a new subdivision 8 is added to read as follows:
  (8) TO INVEST ANY FUNDS OR OTHER MONEYS UNDER ITS CUSTODY AND  CONTROL
IN INVESTMENT SECURITIES OR UNDER ANY ANCILLARY BOND FACILITY;
  S  2.  Section 2402 of the public authorities law is amended by adding
two new subdivisions 18 and 19 to read as follows:
  (18) "INVESTMENT SECURITIES". SUBJECT TO, OR AS OTHERWISE PROVIDED IN,
THE PROVISIONS OF ANY CONTRACT  WITH  BONDHOLDERS  OF  THE  AGENCY:  (I)
GENERAL  OBLIGATIONS  OF, OR OBLIGATIONS GUARANTEED BY, ANY STATE OF THE
UNITED STATES OF AMERICA OR POLITICAL SUBDIVISION THEREOF, THE  DISTRICT
OF  COLUMBIA,  OR ANY AGENCY OR INSTRUMENTALITY THEREOF RECEIVING ONE OF
THE THREE HIGHEST LONG-TERM UNSECURED DEBT RATING  CATEGORIES  AVAILABLE
FOR  SUCH  SECURITIES OF AT LEAST ONE INDEPENDENT RATING AGENCY; OR (II)
CERTIFICATES OF DEPOSIT, SAVINGS ACCOUNTS, TIME DEPOSITS OR OTHER  OBLI-
GATIONS  OR  ACCOUNTS OF BANKS OR TRUST COMPANIES IN THE STATE, SECURED,
IF THE AGENCY SHALL SO REQUIRE, IN SUCH MANNER  AS  THE  AGENCY  MAY  SO
DETERMINE;  OR  (III)  OTHERWISE, IN THE DISCRETION OF THE AGENCY, OBLI-
GATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO  INVEST,  PURSUANT  TO
EITHER SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF THE STATE FINANCE LAW.
  (19)  "ANCILLARY BOND FACILITY". ANY INTEREST RATE EXCHANGE OR SIMILAR
AGREEMENT OR ANY BOND INSURANCE POLICY, LETTER OF CREDIT OR OTHER CREDIT
ENHANCEMENT FACILITY, LIQUIDITY FACILITY, GUARANTEED INVESTMENT OR REIN-
VESTMENT AGREEMENT, OR OTHER SIMILAR AGREEMENT, ARRANGEMENT OR CONTRACT.

S. 2607--A                         68                         A. 3007--A

  S 3. Subdivision 9 of section 2427 of the public authorities  law,  as
added by chapter 788 of the laws of 1978, is amended to read as follows:
  9.  To invest any funds held in reserves or sinking funds or any funds
not required for immediate use or disbursement, at the discretion of the
agency, in obligations of the state [of] OR federal government or of any
city of the state, the principal and interest of which are guaranteed by
the state or  federal  government,  OBLIGATIONS  OF  PUBLIC  AUTHORITIES
CREATED UNDER NEW YORK STATE LAW, obligations of agencies of the federal
government,  GOVERNMENT  NATIONAL MORTGAGE ASSOCIATION, FEDERAL NATIONAL
MORTGAGE ASSOCIATION, AND THE FEDERAL  HOME  LOAN  MORTGAGE  CORPORATION
MORTGAGE  BACKED  SECURITIES,  OR IN FHA INSURED LOANS ORIGINATED BY THE
NEW YORK STATE HOUSING FINANCE AGENCY, or special time deposits  in,  or
certificates of deposit issued by, a bank or trust company authorized to
do  business  in the state and secured by a pledge of obligations of the
United States of America or obligations of the state, any  city  of  the
state,  other  municipal corporation, school district or district corpo-
ration of the state or obligations of agencies of  the  federal  govern-
ment,  provided  that  any  such investment from time to time (1) may be
legally purchased by savings banks of the state as investments of  funds
belonging  to  them or in their control and (2) shall be approved by the
comptroller.
  S 4. Subdivision 4 of section 2429-b of the public authorities law, as
amended by chapter 3 of the laws of 2004, is amended to read as follows:
  4. Moneys in such fund may be invested (a)  in  special  time  deposit
accounts  in, or certificates of deposit issued by, a bank, trust compa-
ny, savings bank or savings and loan association located and  authorized
to  do business in this state, provided, however, that such time deposit
account or certificate of deposit shall be payable within such  time  as
the proceeds may be needed to meet expenditures estimated to be incurred
by  the  agency  and  provided further that such time deposit account or
certificate of deposit be secured by a  pledge  of  obligations  of  the
United  States  of  America or obligations of the state, any city of the
state, or other  municipal  corporation,  school  district  or  district
corporation  of  the  state  or  obligations  of agencies of the federal
government; or (b) in obligations of the United States of America or the
state which may from time to time be legally purchased by savings  banks
within the state as an investment of funds belonging to them or in their
control, or in obligations of the Federal National Mortgage Association,
OR  IN  GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, FEDERAL NATIONAL MORT-
GAGE ASSOCIATION, AND THE FEDERAL HOME LOAN MORTGAGE  CORPORATION  MORT-
GAGE  BACKED  SECURITIES,  OR IN FHA INSURED LOANS ORIGINATED BY THE NEW
YORK STATE HOUSING FINANCE AGENCY OR IN OBLIGATIONS OF  PUBLIC  AUTHORI-
TIES CREATED UNDER STATE LAW, provided such obligations shall be payable
or  redeemable  at  the  option  of  the  owner within such times as the
proceeds may be needed to meet expenditures estimated to be incurred  by
the agency.
  S 5. Subdivision 8 of section 44 of the private housing finance law is
REPEALED and a new subdivision 8 is added to read as follows:
  8.  TO  INVEST ANY FUNDS OR OTHER MONEYS UNDER ITS CUSTODY AND CONTROL
IN INVESTMENT SECURITIES OR UNDER ANY ANCILLARY BOND FACILITY.
  S 6. Section 42 of the private  housing  finance  law  is  amended  by
adding two new subdivisions 26 and 27 to read as follows:
  26.  "INVESTMENT  SECURITIES"  SHALL MEAN, SUBJECT TO OR, AS OTHERWISE
PROVIDED IN, THE PROVISIONS OF ANY  CONTRACT  WITH  BONDHOLDERS  OF  THE
AGENCY:  (I)  GENERAL  OBLIGATIONS OF, OR OBLIGATIONS GUARANTEED BY, ANY
STATE OF THE UNITED STATES OF AMERICA OR POLITICAL SUBDIVISION  THEREOF,

S. 2607--A                         69                         A. 3007--A

THE  DISTRICT  OF  COLUMBIA,  OR  ANY  AGENCY OR INSTRUMENTALITY THEREOF
RECEIVING ONE OF THE THREE HIGHEST LONG-TERM UNSECURED DEBT RATING CATE-
GORIES AVAILABLE FOR SUCH SECURITIES OF AT LEAST ONE INDEPENDENT  RATING
AGENCY; OR (II) CERTIFICATES OF DEPOSIT, SAVINGS ACCOUNTS, TIME DEPOSITS
OR  OTHER  OBLIGATIONS  OR  ACCOUNTS  OF BANKS OR TRUST COMPANIES IN THE
STATE, SECURED, IF THE AGENCY SHALL SO REQUIRE, IN SUCH  MANNER  AS  THE
AGENCY  MAY  SO  DETERMINE; OR (III) OTHERWISE, IN THE DISCRETION OF THE
AGENCY, OBLIGATIONS IN WHICH THE COMPTROLLER IS  AUTHORIZED  TO  INVEST,
PURSUANT  TO  EITHER SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF THE STATE
FINANCE LAW.
  27. "ANCILLARY BOND FACILITY" SHALL MEAN ANY INTEREST RATE EXCHANGE OR
SIMILAR AGREEMENT OR ANY BOND INSURANCE  POLICY,  LETTER  OF  CREDIT  OR
OTHER   CREDIT  ENHANCEMENT  FACILITY,  LIQUIDITY  FACILITY,  GUARANTEED
INVESTMENT  OR  REINVESTMENT  AGREEMENT,  OR  OTHER  SIMILAR  AGREEMENT,
ARRANGEMENT OR CONTRACT.
  S 7. This act shall take effect immediately.

                                 PART M

  Section  1.  Notwithstanding  any other provision of law, and provided
that the reserves in the project pool insurance account of the  mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties  law  are  sufficient  to attain and maintain the credit rating (as
determined by the agency) required to accomplish the  purposes  of  such
account, the board of directors of the state of New York mortgage agency
shall  authorize the transfer from the project pool insurance account of
the mortgage insurance fund to the state treasury  for  deposit  in  the
general  fund  a  total sum not to exceed one hundred million dollars as
soon as practicable but no later than March 31, 2014.
  S 2. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
community preservation program, a sum not to exceed twelve million eigh-
teen thousand dollars  for  the  fiscal  year  ending  March  31,  2014.
Notwithstanding  any  other  provision  of  law,  and  provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the agency) required to accomplish the purposes of such account,  the
board  of  directors  of  the  state  of  New York mortgage agency shall
authorize the transfer from the project pool insurance  account  of  the
mortgage  insurance  fund  to  the  housing  trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
community  preservation  program contracts authorized by this section, a
total sum not to exceed twelve million eighteen thousand dollars as soon
as practicable but no later than June 30, 2013.
  S 3. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
rural rental assistance program, a sum not to exceed twenty million four
hundred thousand dollars for the fiscal  year  ending  March  31,  2014.
Notwithstanding  any  other  provision  of  law,  and  provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the agency) required to accomplish the purposes of such account,  the
board  of  directors  of  the  state  of  New York mortgage agency shall
authorize the transfer from the project pool insurance  account  of  the

S. 2607--A                         70                         A. 3007--A

mortgage  insurance  fund  to  the  housing  trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
rural  rental assistance program contracts authorized by this section, a
total  sum not to exceed twenty million four hundred thousand dollars as
soon as practicable but no later than June 30, 2013.
  S 4. Notwithstanding any other provision of law, the  housing  finance
agency  may  provide,  for  costs  associated with the rehabilitation of
Mitchell Lama housing projects, a sum not to  exceed  seventeen  million
five  hundred  eighty-two  thousand  dollars  for the fiscal year ending
March 31, 2014. Notwithstanding any other provision of law, and provided
that the reserves in the project pool insurance account of the  mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties  law  are  sufficient  to attain and maintain the credit rating (as
determined by the agency) required to accomplish the  purposes  of  such
account, the board of directors of the state of New York mortgage agency
shall  authorize the transfer from the project pool insurance account of
the mortgage insurance fund to  the  housing  finance  agency,  for  the
purposes  of reimbursing any costs associated with Mitchell Lama housing
projects authorized by this section, a total sum not to exceed seventeen
million five hundred eighty-two thousand dollars as soon as  practicable
but no later than March 30, 2014.
  S 5. This act shall take effect immediately.

                                 PART N

  Section  1.  Section  21  of  the labor law is amended by adding a new
subdivision 14 to read as follows:
  14. SHALL DO ALL THINGS NECESSARY FOR THE OPERATION OF  THE  NEW  YORK
STATE  DATA CENTER ESTABLISHED IN THE DEPARTMENT IN COOPERATION WITH THE
UNITED STATES BUREAU OF THE CENSUS; TO COOPERATE WITH OTHER STATE  AGEN-
CIES,  UNIVERSITIES,  REGIONAL  ORGANIZATIONS,  BOARDS, COMMISSIONS, AND
OTHER ENTITIES IN THE DISSEMINATION OF  SOCIO-ECONOMIC  INFORMATION  AND
DATA THROUGH THE NEW YORK STATE DATA CENTER PROGRAM; IN RELATION TO SUCH
INFORMATION  AND  DATA,  TO  PROVIDE TECHNICAL ASSISTANCE TO OTHER STATE
AGENCIES, UNIVERSITIES, REGIONAL ORGANIZATIONS, BOARDS, COMMISSIONS  AND
OTHER ENTITIES; AND TO PREPARE ESTIMATES AND THE OFFICIAL PROJECTIONS OF
POPULATION, HOUSEHOLDS AND OTHER CHARACTERISTICS OF THE STATE FOR USE BY
ALL STATE AGENCIES.
  S  2. Subdivision 17 of section 100 of the economic development law is
REPEALED.
  S 3. This act shall take effect immediately.

                                 PART O

  Section 1. Paragraph (a) of subdivision 1 of section 518 of the  labor
law,  as  amended by chapter 589 of the laws of 1998, is amended to read
as follows:
  (a) "Wages" means all remuneration paid, except that  such  term  does
not  include remuneration paid to an employee by an employer after eight
thousand five hundred dollars have been paid to such  employee  by  such
employer  with  respect  to  employment during any calendar year, EXCEPT
THAT SUCH TERM DOES NOT INCLUDE REMUNERATION PAID TO AN EMPLOYEE  BY  AN
EMPLOYER  WITH  RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGINNING
WITH THE FIRST DAY OF
                                        THAT EXCEEDS
             JANUARY 2014                  $10,300

S. 2607--A                         71                         A. 3007--A

             JANUARY 2015                  $10,500
             JANUARY 2016                  $10,700
             JANUARY 2017                  $10,900
             JANUARY 2018                  $11,100
             JANUARY 2019                  $11,400
             JANUARY 2020                  $11,600
             JANUARY 2021                  $11,800
             JANUARY 2022                  $12,000
             JANUARY 2023                  $12,300
             JANUARY 2024                  $12,500
             JANUARY 2025                  $12,800
             JANUARY 2026                  $13,000
AND  EACH  YEAR  THEREAFTER  ON  THE  FIRST  DAY OF JANUARY THAT EXCEEDS
SIXTEEN PERCENT OF THE STATE'S AVERAGE ANNUAL WAGE AS DETERMINED BY  THE
COMMISSIONER  ON  AN ANNUAL BASIS PURSUANT TO SECTION FIVE HUNDRED TWEN-
TY-NINE OF THIS ARTICLE; PROVIDED, HOWEVER,  THAT  IN  CALCULATING  SUCH
MAXIMUM AMOUNT OF REMUNERATION, THE AMOUNT ARRIVED AT BY MULTIPLYING THE
STATE'S AVERAGE ANNUAL WAGE TIMES SIXTEEN PERCENT SHALL BE ROUNDED UP TO
THE  NEAREST HUNDRED DOLLARS. IN NO EVENT SHALL THE STATE'S ANNUAL AVER-
AGE WAGE BE REDUCED FROM THE AMOUNT DETERMINED IN THE PREVIOUS YEAR. The
term "employment" includes for the purposes of this subdivision services
constituting employment  under  any  unemployment  compensation  law  of
another state or the United States.
  S  2.  Subdivision 1 and paragraph (a) of subdivision 2 of section 527
of the labor law, subdivision 1 as amended by chapter 413 of the laws of
2003 and paragraph (a) of subdivision 2 as amended by chapter 5  of  the
laws of 2000, are amended to read as follows:
  1.  Basic  condition.  "Valid  original  claim"  is a claim filed by a
claimant who meets the following qualifications: (a) is  able  to  work,
and  available  for  work; (b) is not subject to any disqualification or
suspension under this article; (c) his  OR  HER  previously  established
benefit  year,  if  any,  has expired; (d) has been paid remuneration by
employers liable for contributions or for payments in lieu  of  contrib-
utions  under  this article, other than employers from whom the claimant
lost employment  under  conditions  which  would  be  disqualifying  FOR
MISCONDUCT  pursuant  to  [subdivision]  SUBDIVISIONS  three  AND SIX of
section five hundred ninety-three of this article, for employment during
at least two calendar quarters of the base period, with remuneration  of
one and one-half times the high calendar quarter [earnings] REMUNERATION
within  the  base  period and with at least [one] TWO thousand [six] ONE
hundred dollars of such remuneration being paid during the high calendar
quarter of such base period. For purposes of this  section,  the  [earn-
ings]  REMUNERATION in the high calendar quarter of the base period used
in determining a valid original claim shall not exceed an  amount  equal
to twenty-two times the maximum benefit rate as set forth in subdivision
five of section five hundred ninety of this article for all individuals.
  (a)  An  individual  who  is  unable to file a valid original claim in
accordance with subdivision one of this section, files a valid  original
claim  by  meeting  the qualifications enumerated in paragraphs (a), (b)
and (c) of subdivision one of this  section  and  by  having  been  paid
remuneration  by  employers  liable for contributions or for payments in
lieu of contributions under this article, other than employers from whom
the claimant lost employment  under  conditions  which  [are]  WOULD  BE
disqualifying  FOR  MISCONDUCT  pursuant  to  [subdivision] SUBDIVISIONS
three AND SIX of section five hundred ninety-three of this article,  for
employment  during  at  least  two calendar quarters of the base period,

S. 2607--A                         72                         A. 3007--A

with remuneration of one and one-half times the  high  calendar  quarter
[earnings]  REMUNERATION  within the base period and with at least [one]
TWO thousand [six] ONE hundred dollars of such remuneration  being  paid
during  the  high  calendar quarter of such base period. For purposes of
this section, the [earnings] REMUNERATION in the high  calendar  quarter
of  the base period used in determining a valid original claim shall not
exceed an amount equal to twenty-two times the maximum benefit  rate  as
set  forth  in  subdivision  five of section five hundred ninety of this
article for all individuals.
  S 3. The labor law is amended by adding a new section 529 to  read  as
follows:
  S 529. AVERAGE ANNUAL WAGE; AVERAGE WEEKLY WAGE. 1. THE "AVERAGE ANNU-
AL  WAGE"  SHALL BE THE AVERAGE ANNUAL WAGE OF THE STATE OF NEW YORK FOR
THE PREVIOUS CALENDAR YEAR AS DETERMINED BY THE  COMMISSIONER  NO  LATER
THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
  2.  THE  "AVERAGE WEEKLY WAGE" SHALL BE THE AVERAGE WEEKLY WAGE OF THE
STATE OF NEW YORK FOR THE PREVIOUS CALENDAR YEAR AS  DETERMINED  BY  THE
COMMISSIONER NO LATER THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
  S  4. Subdivisions 1 and 3 of section 576 of the labor law, as amended
by chapter 49 of the laws of 1966, are amended to read as follows:
  1. Determinations of liability for contributions.  No determination of
liability for contributions pursuant to section five  hundred  sixty  of
this  article  shall be made more than three years after the last day of
the calendar year in which the wages on which such  liability  is  based
were paid, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
  3.  Determinations  of LIABILITY FOR AND amount of contributions after
contest. If an  employer  contests  a  determination  of  liability  for
contributions,  a  determination  of the amount of contributions due FOR
THE CONTESTED PERIOD AND SUBSEQUENT PERIODS may  be  made  at  any  time
prior to the latter of the following:
  (a)  three  years after the last day of the calendar year in which the
wages on which such contributions are based were paid; or
  (b) two years after the last day of the calendar year  in  which  such
determination  of  liability  for  contributions became final and irrev-
ocable.
  S 5. Paragraph (a) of subdivision 1 of section 577 of the labor law is
amended by adding a new subparagraph 9 to read as follows:
  (9) MONIES PURSUANT TO SECTION FIVE HUNDRED NINETY-FOUR OF THIS TITLE.
  S 6. Subparagraph 3 of paragraph (e) of subdivision 1 of  section  581
of  the  labor  law,  as  amended by chapter 589 of the laws of 1998, is
amended to read as follows:
  (3)  An employer's account shall not be charged, and the charges shall
instead be made to the general account, for benefits paid to a  claimant
after  the  expiration  of  a  period  of disqualification from benefits
following a final determination that the claimant lost  employment  with
the  employer  through  misconduct or voluntary separation of employment
without good cause within the meaning of section  five  hundred  ninety-
three  of  this article and the charges are attributable to remuneration
paid during  the claimant's base period of employment with such employer
prior to the claimant's loss of employment with  such  employer  through
misconduct  or  voluntary  separation  of employment without good cause,
PROVIDED, HOWEVER, THAT AN EMPLOYER SHALL NOT  BE  RELIEVED  OF  CHARGES
PURSUANT  TO  THIS  SUBPARAGRAPH  IF  AN  EMPLOYER OR ITS AGENT FAILS TO
SUBMIT INFORMATION RESULTING IN AN OVERPAYMENT PURSUANT TO SECTION  FIVE
HUNDRED NINETY-SEVEN OF THIS ARTICLE.

S. 2607--A                         73                         A. 3007--A

  S  7.  Paragraph (a) of subdivision 2 of section 581 of the labor law,
as added by chapter 413 of the laws of  2003,  is  amended  to  read  as
follows:
  (a)  Each  qualified  employer's  rate  of  contribution  shall be the
percentage shown in the column headed by the size of the fund  index  as
of the computation date and on the same line with his or her negative or
positive  employer's account percentage, except that if within the three
payroll years preceding the computation date  any  part  of  a  negative
balance  has been transferred from any employer's account as a charge to
the general account pursuant to  the  provisions  of  paragraph  (e)  of
subdivision  one  of  this  section such employer's rate of contribution
shall be the maximum contribution rate as shown in the column headed  by
the size of fund index;

                           Size of Fund Index
Employer's
Account
Percentage  Less  0%  0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%
            Than but  but  but  but  but  but  but  but  but  but  or
            0%   less less less less less less less less less less more
                 than than than than than than than than than than
                 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%

Negative

21.0%
or more     8.90 8.70 8.50 8.30 8.10 7.30 6.90 6.50 6.20 6.10 6.00 5.90
20.5%
or more
but less
than 21.0%  8.80 8.60 8.40 8.20 8.00 7.20 6.80 6.40 6.10 6.00 5.90 5.80
20.0%
or more
but less
than 20.5%  8.70 8.50 8.30 8.10 7.90 7.10 6.70 6.30 6.00 5.90 5.80 5.70
19.5%
or more
but less
than 20.0%  8.60 8.40 8.20 8.00 7.80 7.00 6.60 6.20 5.90 5.80 5.70 5.60
19.0%
or more
but less
than 19.5%  8.50 8.30 8.10 7.90 7.70 6.90 6.50 6.10 5.80 5.70 5.60 5.50
18.5%
or more
but less
than 19.0%  8.40 8.20 8.00 7.80 7.60 6.80 6.40 6.00 5.70 5.60 5.50 5.40
18.0%
or more
but less
than 18.5%  8.30 8.10 7.90 7.70 7.50 6.70 6.30 5.90 5.60 5.50 5.40 5.30
17.5%
or more
but less
than 18.0%  8.20 8.00 7.80 7.60 7.40 6.60 6.20 5.80 5.50 5.40 5.30 5.20

S. 2607--A                         74                         A. 3007--A

17.0%
or more
but less
than 17.5%  8.10 7.90 7.70 7.50 7.30 6.50 6.10 5.70 5.40 5.30 5.20 5.10
16.5%
or more
but less
than 17.0%  8.00 7.80 7.60 7.40 7.20 6.40 6.00 5.60 5.30 5.20 5.10 5.00
16.0%
or more
but less
than 16.5%  7.90 7.70 7.50 7.30 7.10 6.30 5.90 5.50 5.20 5.10 5.00 4.90
15.5%
or more
but less
than 16.0%  7.80 7.60 7.40 7.20 7.00 6.20 5.80 5.40 5.10 5.00 4.90 4.80
15.0%
or more
but less
than 15.5%  7.70 7.50 7.30 7.10 6.90 6.10 5.70 5.30 5.00 4.90 4.80 4.70
14.5%
or more
but less
than 15.0%  7.60 7.40 7.20 7.00 6.80 6.00 5.60 5.20 4.90 4.80 4.70 4.60
14.0%
or more
but less
than 14.5%  7.50 7.30 7.10 6.90 6.70 5.90 5.50 5.10 4.80 4.70 4.60 4.50
13.5%
or more
but less
than 14.0%  7.40 7.20 7.00 6.80 6.60 5.80 5.40 5.00 4.70 4.60 4.50 4.40
13.0%
or more
but less
than 13.5%  7.30 7.10 6.90 6.70 6.50 5.70 5.30 4.90 4.60 4.50 4.40 4.30
12.5%
or more
but less
than 13.0%  7.20 7.00 6.80 6.60 6.40 5.60 5.20 4.80 4.50 4.40 4.30 4.20
12.0%
or more
but less
than 12.5%  7.10 6.90 6.70 6.50 6.30 5.50 5.10 4.70 4.40 4.30 4.20 4.10
11.5%
or more
but less
than 12.0%  7.00 6.80 6.60 6.40 6.20 5.40 5.00 4.60 4.30 4.20 4.10 4.00
11.0%
or more
but less
than 11.5%  6.90 6.70 6.50 6.30 6.10 5.30 4.90 4.50 4.20 4.10 4.00 3.90
10.5%
or more
but less
than 11.0%  6.80 6.60 6.40 6.20 6.00 5.20 4.80 4.40 4.10 4.00 3.90 3.80

S. 2607--A                         75                         A. 3007--A

10.0%
or more
but less
than 10.5%  6.70 6.50 6.30 6.10 5.90 5.10 4.70 4.30 4.00 3.90 3.80 3.70
9.5%
or more
but less
than 10.0%  6.60 6.40 6.20 6.00 5.80 5.00 4.60 4.20 3.90 3.80 3.70 3.60
9.0%
or more
but less
than 9.5%   6.50 6.30 6.10 5.90 5.70 4.90 4.50 4.10 3.80 3.70 3.60 3.50
8.5%
or more
but less
than 9.0%   6.40 6.20 6.00 5.80 5.60 4.80 4.40 4.00 3.70 3.60 3.50 3.40
8.0%
or more
but less
than 8.5%   6.30 6.10 5.90 5.70 5.50 4.70 4.30 3.90 3.60 3.50 3.40 3.30
7.0%
or more
but less
than 8.0%   6.20 6.00 5.80 5.60 5.40 4.60 4.20 3.80 3.50 3.40 3.30 3.20
6.0%
or more
but less
than 7.0%   6.10 5.90 5.70 5.50 5.30 4.50 4.10 3.70 3.40 3.30 3.20 3.10
5.0%
or more
but less
than 6.0%   6.00 5.80 5.60 5.40 5.20 4.40 4.00 3.60 3.30 3.20 3.10 3.00
4.0%
or more
but less
than 5.0%   5.90 5.70 5.50 5.30 5.10 4.30 3.90 3.50 3.20 3.10 3.00 2.90
3.0%
or more
but less
than 4.0%   5.60 5.40 5.20 5.00 4.80 4.20 3.80 3.40 3.10 3.00 2.90 2.80
2.0%
or more
but less
than 3.0%   5.50 5.30 5.10 4.90 4.70 4.10 3.70 3.30 3.00 2.90 2.80 2.70
1.0%
or more
but less
than 2.0%   5.40 5.20 5.00 4.80 4.60 4.00 3.60 3.20 2.90 2.80 2.70 2.60
Less
than 1.0%   5.20 5.00 4.80 4.60 4.40 3.80 3.40 3.00 2.70 2.60 2.50 2.40

Positive

Less
than 1.0%   4.10 3.90 3.70 3.50 3.30 2.90 2.50 2.10 1.90 1.80 1.70 1.60
1.0%

S. 2607--A                         76                         A. 3007--A

or more
but less
than 2.0%   4.00 3.80 3.60 3.40 3.20 2.80 2.40 2.00 1.80 1.70 1.60 1.50
2.0%
or more
but less
than 3.0%   3.90 3.70 3.50 3.30 3.10 2.70 2.30 1.90 1.70 1.60 1.50 1.40
3.0%
or more
but less
than 4.0%   3.80 3.60 3.40 3.20 3.00 2.60 2.20 1.80 1.60 1.50 1.40 1.30
4.0%
or more
but less
than 5.0%   3.70 3.50 3.30 3.10 2.90 2.50 2.10 1.70 1.50 1.40 1.30 1.20
5.0%
or more
but less
than 5.5%   3.60 3.40 3.20 3.00 2.80 2.40 2.00 1.60 1.40 1.30 1.20 1.10
5.5%
or more but
less than
5.75%       3.50 3.30 3.10 2.90 2.70 2.30 1.90 1.50 1.30 1.20 1.10 1.00
5.75%
or more
but less
than 6.0%   3.40 3.20 3.00 2.80 2.60 2.20 1.80 1.40 1.20 1.10 1.00 0.90
6.0%
or more but
less than
6.25%       3.30 3.10 2.90 2.70 2.50 2.10 1.70 1.30 1.10 1.00 0.90 0.80
6.25%
or more
but less
than 6.5%   3.20 3.00 2.80 2.60 2.40 2.00 1.60 1.20 1.00 0.90 0.80 0.70
6.5%
or more but
less than
6.75%       3.10 2.90 2.70 2.50 2.30 1.90 1.50 1.10 0.90 0.80 0.70 0.60
6.75%
or more
but less
than 7.0%   3.00 2.80 2.60 2.40 2.20 1.80 1.40 1.00 0.80 0.70 0.60 0.50
7.0%
or more but
less than
7.25%       2.90 2.70 2.50 2.30 2.10 1.70 1.30 0.90 0.70 0.60 0.50 0.40
7.25%
or more
but less
than 7.5%   2.80 2.60 2.40 2.20 2.00 1.60 1.20 0.80 0.60 0.50 0.40 0.30
7.5%
or more but
less than
7.75%       2.70 2.50 2.30 2.10 1.90 1.50 1.10 0.70 0.50 0.40 0.30 0.20
7.75%

S. 2607--A                         77                         A. 3007--A

or more
but less
than 8.0%   2.60 2.40 2.20 2.00 1.80 1.40 1.00 0.60 0.40 0.30 0.20 0.10
8.0%
or more but
less than
8.25%       2.50 2.30 2.10 1.90 1.70 1.30 0.90 0.50 0.30 0.20 0.10 0.00
8.25%
or more
but less
than 8.5%   2.40 2.20 2.00 1.80 1.60 1.20 0.80 0.40 0.20 0.10 0.00 0.00
8.5%
or more but
less than
8.75%       2.30 2.10 1.90 1.70 1.50 1.10 0.70 0.30 0.10 0.00 0.00 0.00
8.75%
or more
but less
than 9.0%   2.20 2.00 1.80 1.60 1.40 1.00 0.60 0.20 0.00 0.00 0.00 0.00
9.0%
or more but
less than
9.25%       2.10 1.90 1.70 1.50 1.30 0.90 0.50 0.10 0.00 0.00 0.00 0.00
9.25%
or more
but less
than 9.5%   2.00 1.80 1.60 1.40 1.20 0.80 0.40 0.00 0.00 0.00 0.00 0.00
9.5%
or more but
less than
9.75%       1.90 1.70 1.50 1.30 1.10 0.70 0.30 0.00 0.00 0.00 0.00 0.00
9.75%
or more but
less than
10.0%       1.80 1.60 1.40 1.20 1.00 0.60 0.20 0.00 0.00 0.00 0.00 0.00
10.0%
or more but
less than
10.25%      1.70 1.50 1.30 1.10 0.90 0.50 0.10 0.00 0.00 0.00 0.00 0.00
10.25%
or more but
less than
10.5%       1.60 1.40 1.20 1.00 0.80 0.40 0.00 0.00 0.00 0.00 0.00 0.00
10.5%
or more [but
less than
10.75%]     1.50 1.30 1.10 0.90 0.70 0.30 0.00 0.00 0.00 0.00 0.00 0.00
[10.75%
or more but
less than
11.0%       1.40 1.20 1.00 0.80 0.60 0.20 0.00 0.00 0.00 0.00 0.00 0.00
11.0%
or more but
less than
11.25%      1.30 1.10 0.90 0.70 0.50 0.10 0.00 0.00 0.00 0.00 0.00 0.00
11.25%

S. 2607--A                         78                         A. 3007--A

or more but
less than
11.5%       1.20 1.00 0.80 0.60 0.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00
11.5%
or more but
less than
11.75%      1.10 0.90 0.70 0.50 0.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00
11.75%
or more but
less than
12.0%       1.00 0.80 0.60 0.40 0.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00
12.0% or
more        0.90 0.70 0.50 0.30 0.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00]
  S  8.  Subdivision  5  of  section 590 of the labor law, as amended by
chapter 413 of the laws of 2003, is amended to read as follows:
  5. Benefit rate. (A) A claimant's weekly benefit amount shall  be  one
twenty-sixth  of the remuneration paid during the highest calendar quar-
ter of the  base  period  by  employers,  liable  for  contributions  or
payments  in  lieu  of  contributions  under  this article, PROVIDED THE
CLAIMANT HAS REMUNERATION PAID IN ALL FOUR CALENDAR QUARTERS DURING  HIS
OR  HER  BASE  PERIOD OR ALTERNATE BASE PERIOD. However, for [claimants]
ANY CLAIMANT WHO HAS REMUNERATION PAID IN  ALL  FOUR  CALENDAR  QUARTERS
DURING  HIS  OR  HER BASE PERIOD OR ALTERNATE BASE PERIOD AND whose high
calendar quarter remuneration during the base period is  three  thousand
five  hundred  seventy-five dollars or less, the benefit amount shall be
one twenty-fifth of the remuneration paid during  the  highest  calendar
quarter  of  the  base  period  by employers liable for contributions or
payments in lieu of contributions under this article. A CLAIMANT'S WEEK-
LY BENEFIT SHALL BE ONE TWENTY-SIXTH OF THE AVERAGE REMUNERATION PAID IN
THE TWO HIGHEST QUARTERS PAID DURING THE BASE PERIOD OR  ALTERNATE  BASE
PERIOD  BY  EMPLOYERS  LIABLE  FOR  CONTRIBUTIONS OR PAYMENTS IN LIEU OF
CONTRIBUTIONS UNDER THIS ARTICLE WHEN THE CLAIMANT HAS REMUNERATION PAID
IN TWO OR THREE CALENDAR QUARTERS. HOWEVER, FOR  ANY  CLAIMANT  WHO  HAS
REMUNERATION  PAID  IN  TWO OR THREE CALENDAR QUARTERS DURING HIS OR HER
BASE PERIOD OR ALTERNATE BASE PERIOD AND  WHOSE  HIGH  CALENDAR  QUARTER
REMUNERATION  DURING  THE  BASE  PERIOD  IS  THREE THOUSAND FIVE HUNDRED
SEVENTY-FIVE  DOLLARS  OR  LESS,  THE  BENEFIT  AMOUNT  SHALL   BE   ONE
TWENTY-FIFTH  OF THE REMUNERATION PAID DURING THE HIGHEST CALENDAR QUAR-
TER OF THE BASE PERIOD BY EMPLOYERS LIABLE FOR CONTRIBUTIONS OR PAYMENTS
IN LIEU OF CONTRIBUTIONS UNDER THIS ARTICLE.  Any  claimant  whose  high
calendar  quarter remuneration during the base period is more than three
thousand five hundred seventy-five dollars shall not have a weekly bene-
fit amount less than one hundred forty-three dollars. The weekly benefit
amount, so computed, that is not a  multiple  of  one  dollar  shall  be
lowered  to  the  next  multiple  of  one dollar. On the first Monday of
September, nineteen hundred ninety-eight the weekly benefit amount shall
not exceed three hundred sixty-five  dollars  nor  be  less  than  forty
dollars,  until  the  first  Monday of September, two thousand, at which
time the maximum benefit payable  pursuant  to  this  subdivision  shall
equal  one-half  of the state average weekly wage for covered employment
as calculated by the department no sooner than July first, two  thousand
and no later than August first, two thousand, rounded down to the lowest
dollar. ON AND AFTER THE FIRST MONDAY OF OCTOBER, TWO THOUSAND FOURTEEN,
THE WEEKLY BENEFIT SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS, NOR SHALL
IT EXCEED FOUR HUNDRED TWENTY DOLLARS UNTIL THE FIRST MONDAY OF OCTOBER,
TWO  THOUSAND  FIFTEEN  WHEN  THE  MAXIMUM  BENEFIT AMOUNT SHALL BE FOUR

S. 2607--A                         79                         A. 3007--A

HUNDRED TWENTY-FIVE DOLLARS, UNTIL THE  FIRST  MONDAY  OF  OCTOBER,  TWO
THOUSAND  SIXTEEN  WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED
THIRTY DOLLARS, UNTIL THE FIRST MONDAY OF OCTOBER, TWO  THOUSAND  SEVEN-
TEEN  WHEN  THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED THIRTY-FIVE
DOLLARS, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND  EIGHTEEN  WHEN
THE  MAXIMUM  BENEFIT  AMOUNT SHALL BE FOUR HUNDRED FIFTY DOLLARS, UNTIL
THE FIRST MONDAY OF OCTOBER, TWO  THOUSAND  NINETEEN  WHEN  THE  MAXIMUM
BENEFIT  AMOUNT  SHALL  BE THIRTY-SIX PERCENT OF THE AVERAGE WEEKLY WAGE
UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY WHEN THE  MAXIMUM
BENEFIT AMOUNT SHALL BE THIRTY-EIGHT PERCENT OF THE AVERAGE WEEKLY WAGE,
UNTIL THE FIRST MONDAY OF OCTOBER TWO THOUSAND TWENTY-ONE WHEN THE MAXI-
MUM  BENEFIT  AMOUNT  SHALL BE FORTY PERCENT OF THE AVERAGE WEEKLY WAGE,
UNTIL THE FIRST MONDAY OF OCTOBER,  TWO  THOUSAND  TWENTY-TWO  WHEN  THE
MAXIMUM  BENEFIT AMOUNT SHALL BE FORTY-TWO PERCENT OF THE AVERAGE WEEKLY
WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-THREE  WHEN
THE  MAXIMUM  BENEFIT  AMOUNT SHALL BE FORTY-FOUR PERCENT OF THE AVERAGE
WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-FOUR
WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-SIX PERCENT OF THE  AVER-
AGE  WEEKLY  WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWEN-
TY-FIVE WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-EIGHT PERCENT  OF
THE AVERAGE WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND
TWENTY-SIX  AND EACH YEAR THEREAFTER ON THE FIRST MONDAY OF OCTOBER WHEN
THE MAXIMUM BENEFIT AMOUNT SHALL BE FIFTY PERCENT OF THE AVERAGE  WEEKLY
WAGE  PROVIDED,  HOWEVER,  THAT  IN  NO  EVENT SHALL THE MAXIMUM BENEFIT
AMOUNT BE REDUCED FROM THE PREVIOUS YEAR.
  (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM  BENEFIT  AMOUNT  SHALL
NOT  BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE COMMISSIONER DETERMINES
THAT THE STATE HAS HAD A DECREASE IN PRIVATE SECTOR JOBS IN  EACH  MONTH
OF  THE  FIRST  TWO  CALENDAR  QUARTERS OF THE YEAR IN WHICH THE MAXIMUM
BENEFIT AMOUNT INCREASE IS  SCHEDULED  TO  OCCUR.  IF  THE  COMMISSIONER
DETERMINES  THAT THE STATE HAS NOT HAD A DECREASE IN PRIVATE SECTOR JOBS
IN EACH MONTH IN THE FIRST TWO CALENDAR QUARTERS IN YEARS SUBSEQUENT  TO
SUCH  SUSPENSION  OF AN INCREASE IN THE MAXIMUM BENEFIT AMOUNT, THEN THE
MAXIMUM BENEFIT AMOUNT SHALL INCREASE TO THE AMOUNT FOR THE YEAR  PREVI-
OUSLY  SCHEDULED  TO  BE  ESTABLISHED  PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED AND  INCREASED  ANNUALLY
THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH (A) OF
THIS SUBDIVISION. IN NO CASE SHALL SUCH SUSPENSION RESULT IN A REDUCTION
OF  THE  MAXIMUM  BENEFIT AMOUNT TO LESS THAN THE AMOUNT PROVIDED IN THE
MOST RECENT YEAR.
  S 9. Paragraph (b) of subdivision 5 of section 590 of the  labor  law,
as  added  by section eight of this act, is REPEALED and a new paragraph
(b) is added to read as follows:
  (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM  BENEFIT  AMOUNT  SHALL
NOT  BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND  ON
THE  THIRTY-FIRST  DAY  OF  DECEMBER  OF  THE PRIOR YEAR IS LESS THAN AN
AMOUNT OF THE FUNDS PROJECTED TO BE NEEDED TO PAY FOR  THE  INCREASE  IN
BENEFITS  AS DETERMINED BY THE COMMISSIONER. IF FUND REVENUES ARE DETER-
MINED BY THE COMMISSIONER TO BE SUFFICIENT TO PAY FOR  THE  INCREASE  IN
BENEFITS  IN  YEARS  SUBSEQUENT TO SUCH SUSPENSION OF AN INCREASE IN THE
MAXIMUM BENEFIT AMOUNT, THEN THE MAXIMUM BENEFIT AMOUNT  SHALL  INCREASE
TO THE AMOUNT FOR THE YEAR PREVIOUSLY SCHEDULED TO BE ESTABLISHED PURSU-
ANT  TO  PARAGRAPH  (A)  OF  THIS  SUBDIVISION HAD THE INCREASE NOT BEEN
SUSPENDED AND INCREASED ANNUALLY THEREAFTER IN ACCORDANCE WITH THE SCHE-

S. 2607--A                         80                         A. 3007--A

DULE SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION. IN  NO  CASE  SHALL
SUCH  SUSPENSION  RESULT IN A REDUCTION OF THE MAXIMUM BENEFIT AMOUNT TO
LESS THAN THE AMOUNT PROVIDED IN THE MOST RECENT YEAR.
  S  10. Paragraph (b) of subdivision 5 of section 590 of the labor law,
as added by section nine of this act is REPEALED and a new paragraph (b)
is added to read as follows:
  (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM  BENEFIT  AMOUNT  SHALL
NOT  BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND  IS
DETERMINED  BY  THE  COMMISSIONER TO NOT HAVE REACHED OR EXCEEDED THIRTY
PERCENT OF THE AVERAGE HIGH COST MULTIPLE, AS DEFINED IN 20 CFR PART 606
AS THE STANDARD FOR RECEIPT OF INTEREST-FREE FEDERAL LOANS, ON AT  LEAST
ONE DAY BETWEEN APRIL FIRST AND JUNE THIRTIETH OF THE SAME CALENDAR YEAR
AS  THE  INCREASE SHALL TAKE EFFECT. IF, FOLLOWING SUCH SUSPENSION OF AN
INCREASE IN THE MAXIMUM BENEFIT AMOUNT, THE  COMMISSIONER  SHALL  DETER-
MINE,  ON  AT  LEAST ONE DAY BETWEEN APRIL FIRST AND JUNE THIRTIETH THAT
THE BALANCE OF THE FUND IS GREATER THAN SUCH THIRTY PERCENT AVERAGE HIGH
COST MULTIPLE, THEN THE MAXIMUM BENEFIT AMOUNT  SHALL  INCREASE  TO  THE
PERCENTAGE  FOR THE YEAR PREVIOUSLY SCHEDULED TO BE ESTABLISHED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED
AND INCREASED ANNUALLY THEREAFTER IN ACCORDANCE WITH  THE  SCHEDULE  SET
FORTH  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION.  IN NO CASE SHALL SUCH
SUSPENSION RESULT IN A REDUCTION OF THE MAXIMUM BENEFIT AMOUNT  TO  LESS
THAN THE AMOUNT PROVIDED IN THE MOST RECENT YEAR.
  S  11.  Subdivision  9  of  section 590 of the labor law is amended by
adding a new paragraph (d) to read as follows:
  (D) AN ALIEN WHO IS NOT ELIGIBLE UNDER 8 USC 1621(A) SHALL BE ELIGIBLE
FOR BENEFITS, PROVIDED SUCH ALIEN IS ELIGIBLE  FOR  BENEFITS  UNDER  THE
PROVISIONS  OF  THIS  ARTICLE  AND  SECTION 3304 (A) (14) OF THE FEDERAL
UNEMPLOYMENT TAX ACT.
  S 12. Subdivision 2 of section 591 of the labor  law,  as  amended  by
chapter 720 of the laws of 1953, is amended to read as follows:
  2. Availability [and], capability, AND WORK SEARCH.  No benefits shall
be  payable  to  any  claimant  who is not capable of work or who is not
ready, willing and able to work in his usual employment or in any  other
for  which he is reasonably fitted by training and experience AND WHO IS
NOT ACTIVELY SEEKING WORK.   IN ORDER TO  BE  ACTIVELY  SEEKING  WORK  A
CLAIMANT  MUST  BE  ENGAGED  IN SYSTEMATIC AND SUSTAINED EFFORTS TO FIND
WORK WHICH SHALL INCLUDE CONTACTING AT LEAST TWO  PROSPECTIVE  EMPLOYERS
FOR EACH WEEK CLAIMED. THE CLAIMANT MUST ALSO BE ENGAGED IN OTHER ACTIV-
ITIES TO OBTAIN NEW WORK AS DETERMINED BY THE COMMISSIONER. THE CLAIMANT
SHALL  BE  REQUIRED  TO MAINTAIN DOCUMENTATION AND PROVIDE PROOF OF WORK
SEARCH EFFORTS AS PRESCRIBED BY THE COMMISSIONER AND SHALL BE SUBJECT TO
A RANDOM AUDIT.
  S 13. Section 591 of the labor law is amended by adding a new subdivi-
sion 6 to read as follows:
  6. DISMISSAL PAY. (A) NO BENEFITS SHALL BE PAYABLE TO A  CLAIMANT  FOR
ANY  WEEK  DURING  A  DISMISSAL  PERIOD  FOR  WHICH  A CLAIMANT RECEIVES
DISMISSAL PAY, NOR SHALL ANY DAY WITHIN SUCH WEEK BE CONSIDERED A DAY OF
TOTAL UNEMPLOYMENT UNDER SECTION FIVE HUNDRED TWENTY-TWO OF  THIS  ARTI-
CLE,  IF  SUCH  WEEKLY  DISMISSAL PAY EXCEEDS THE MAXIMUM WEEKLY BENEFIT
RATE.
  (B) THE TERM "DISMISSAL PAY", AS USED IN THIS SUBDIVISION,  MEANS  ONE
OR  MORE  PAYMENTS  MADE BY AN EMPLOYER TO AN EMPLOYEE DUE TO HIS OR HER
SEPARATION FROM SERVICE  OF  THE  EMPLOYER  REGARDLESS  OF  WHETHER  THE
EMPLOYER IS LEGALLY BOUND BY CONTRACT, STATUTE OR OTHERWISE TO MAKE SUCH

S. 2607--A                         81                         A. 3007--A

PAYMENTS.  THE  TERM  DOES NOT INCLUDE PAYMENTS FOR PENSION, RETIREMENT,
ACCRUED LEAVE, AND HEALTH INSURANCE OR PAYMENTS FOR  SUPPLEMENTAL  UNEM-
PLOYMENT BENEFITS.
  (C)  THE  TERM  "DISMISSAL PERIOD", AS USED IN THIS SUBDIVISION, MEANS
THE TIME DESIGNATED FOR WEEKS  OF  DISMISSAL  PAY  ATTRIBUTABLE  TO  THE
CLAIMANT'S  WEEKLY EARNINGS IN ACCORDANCE WITH THE COLLECTIVE BARGAINING
AGREEMENT, EMPLOYMENT CONTRACT, EMPLOYER'S DISMISSAL  POLICY,  DISMISSAL
AGREEMENT  WITH THE EMPLOYER OR OTHER SUCH AGREEMENT.  IF NO SUCH AGREE-
MENT, CONTRACT  OR  POLICY  DESIGNATES  A  DISMISSAL  PERIOD,  THEN  THE
DISMISSAL  PERIOD  SHALL BE THE TIME DESIGNATED IN WRITING IN ADVANCE BY
THE EMPLOYER TO BE CONSIDERED THE DISMISSAL PERIOD. IF NO TIME PERIOD IS
DESIGNATED, THE DISMISSAL PERIOD SHALL COMMENCE ON  THE  DAY  AFTER  THE
CLAIMANT'S LAST DAY OF EMPLOYMENT. IF THE DISMISSAL PAYMENT IS IN A LUMP
SUM  AMOUNT  OR  FOR  AN  INDEFINITE PERIOD, DISMISSAL PAYMENTS SHALL BE
ALLOCATED ON A WEEKLY BASIS FROM THE DAY AFTER THE CLAIMANT'S  LAST  DAY
OF  EMPLOYMENT  AND  THE CLAIMANT SHALL NOT BE ELIGIBLE FOR BENEFITS FOR
ANY WEEK FOR WHICH IT IS DETERMINED THAT THE CLAIMANT RECEIVES DISMISSAL
PAY. THE AMOUNT OF DISMISSAL PAY SHALL BE ALLOCATED BASED ON THE  CLAIM-
ANT'S  ACTUAL WEEKLY REMUNERATION PAID BY THE EMPLOYER DURING HIS OR HER
EMPLOYMENT OR, IF SUCH AMOUNT CANNOT BE DETERMINED, THE  AMOUNT  OF  THE
CLAIMANT'S AVERAGE WEEKLY WAGE FOR THE HIGHEST CALENDAR QUARTER.
  (D)  NOTWITHSTANDING THE FOREGOING, THE PROVISIONS OF THIS SUBDIVISION
SHALL NOT APPLY DURING  ANY  WEEKS  IN  WHICH  THE  INITIAL  PAYMENT  OF
DISMISSAL  PAY  IS  MADE  MORE THAN THIRTY DAYS FROM THE LAST DAY OF THE
CLAIMANT'S EMPLOYMENT.
  S 14. Subparagraph (i) of paragraph (b) of subdivision  2  of  section
591-a  of the labor law, as added by chapter 413 of the laws of 2003, is
amended to read as follows:
  (i) requirements relating to total unemployment, as defined in section
five hundred twenty-two of  this  article,  availability  for  work  AND
SEARCH FOR WORK, as set forth in subdivision two of section five hundred
ninety-one  of  this  title  and refusal to accept work, as set forth in
subdivision two of section five hundred ninety-three of this title,  are
not applicable to such individuals;
  S  15. Paragraph (a) of subdivision 1, the opening paragraph of subdi-
vision 2 and subdivision 3 of section 593 of the  labor  law,  paragraph
(a)  of  subdivision 1 as amended by chapter 35 of the laws of 2009, the
opening paragraph of subdivision 2 as amended by chapter 5 of  the  laws
of  2000,  and  subdivision  3  as amended by chapter 589 of the laws of
1998, are amended and a new subdivision 6 is added to read as follows:
  (a) No days of total unemployment shall be deemed  to  occur  after  a
claimant's voluntary separation without good cause from employment until
he  or she has subsequently worked in employment and earned remuneration
at least equal to [five] TEN times his or her weekly  benefit  rate.  In
addition  to  other  circumstances  that may be found to constitute good
cause, including a compelling family reason as set  forth  in  paragraph
(b)  of this subdivision, voluntary separation from employment shall not
in itself disqualify a claimant if circumstances have developed  in  the
course  of  such  employment  that  would have justified the claimant in
refusing such employment in the first instance under the terms of subdi-
vision two of this section or if the claimant,  pursuant  to  an  option
provided  under  a  collective  bargaining agreement or written employer
plan which permits waiver of his OR HER right to retain  the  employment
when there is a temporary layoff because of lack of work, has elected to
be separated for a temporary period and the employer has consented ther-
eto.

S. 2607--A                         82                         A. 3007--A

  No  days of total unemployment shall be deemed to occur beginning with
the day on which a claimant, without good cause, refuses  to  accept  an
offer of employment for which he OR SHE is reasonably fitted by training
and  experience, including employment not subject to this article, until
he  OR SHE has subsequently worked in employment and earned remuneration
at least equal to [five] TEN times  his  or  her  weekly  benefit  rate.
Except that claimants who are not subject to a recall date or who do not
obtain  employment  through  a union hiring hall and who are still unem-
ployed after  receiving  [thirteen]  TEN  weeks  of  benefits  shall  be
required  to  accept  any  employment  proffered that such claimants are
capable of performing, provided that such employment would result  in  a
wage not less than eighty percent of such claimant's high calendar quar-
ter  wages  received  in the base period and not substantially less than
the prevailing wage for similar work in the locality as provided for  in
paragraph (d) of this subdivision. No refusal to accept employment shall
be deemed without good cause nor shall it disqualify any claimant other-
wise eligible to receive benefits if:
  3.  Misconduct. No days of total unemployment shall be deemed to occur
after a claimant lost employment through misconduct in  connection  with
his or her employment until he or she has subsequently worked in employ-
ment  and  earned remuneration at least equal to [five] TEN times his or
her weekly benefit rate.
  6. DETERMINATIONS AND HEARINGS. THE COMMISSIONER SHALL ISSUE A  DETER-
MINATION FOR ANY PROTEST THAT IS FILED BY ANY BASE PERIOD EMPLOYER WITH-
IN  THE TIME SPECIFIED IN THE NOTIFICATION OF POTENTIAL CHARGES BASED ON
VOLUNTARY SEPARATIONS OR MISCONDUCT. AN EMPLOYER OR CLAIMANT MAY REQUEST
A HEARING OF SUCH DETERMINATION PURSUANT TO SECTION SIX  HUNDRED  TWENTY
OF THIS ARTICLE.
  S  16.  Section 594 of the labor law, as amended by chapter 728 of the
laws of 1952, and the opening paragraph as amended by chapter 139 of the
laws of 1968, are amended to read as follows:
  S 594. Reduction AND RECOVERY of benefits  AND  PENALTIES  for  WILFUL
false  statement  OR OMISSION.  A claimant who has wilfully made a false
statement or representation OR WILFULLY CONCEALED ANY PERTINENT FACT  to
obtain  any  benefit  under the provisions of this article shall forfeit
benefits for at least the first four but not more than the first  eighty
effective  days  following discovery of such offense for which he OR SHE
otherwise would have been entitled to  receive  benefits.  Such  penalty
shall apply only once with respect to each such offense.
  For  the purpose of subdivision four of section five hundred ninety of
this article, the claimant shall be deemed to have received benefits for
such forfeited effective days.
  The penalty provided in this section shall not be confined to a single
benefit year but shall no longer apply in whole or  in  part  after  the
expiration  of two years from the date [on which the offense was commit-
ted] OF THE FINAL DETERMINATION. SUCH TWO-YEAR PERIOD  SHALL  BE  TOLLED
DURING THE TIME PERIOD A CLAIMANT HAS AN APPEAL PENDING.
  A  claimant  shall  refund  all  moneys received because of such false
statement or representation [made by him] OR WILFUL CONCEALMENT AND  PAY
A CIVIL PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF ONE HUNDRED DOLLARS
OR FIFTEEN PERCENT OF THE TOTAL OVERPAID BENEFITS DETERMINED PURSUANT TO
THIS  SECTION.  WHEN A DETERMINATION BASED UPON A WILFUL FALSE STATEMENT
OR REPRESENTATION OR BASED UPON THE WILFUL CONCEALMENT  OF  A  PERTINENT
FACT  IN  CONNECTION  WITH  THE CLAIM FOR BENEFITS BECOMES FINAL THROUGH
EXHAUSTION OF APPEAL RIGHTS OR FAILURE TO EXHAUST  HEARING  RIGHTS,  THE
COMMISSIONER  MAY  FILE  WITH  THE  COUNTY CLERK OF THE COUNTY WHERE THE

S. 2607--A                         83                         A. 3007--A

CLAIMANT RESIDES THE FINAL DETERMINATION  OF  THE  COMMISSIONER  OR  THE
FINAL  DECISION  BY  AN  ADMINISTRATIVE LAW JUDGE, THE APPEAL BOARD OR A
COURT CONTAINING THE AMOUNT FOUND TO BE DUE INCLUDING INTEREST AND CIVIL
PENALTY.  THE  FILING OF SUCH FINAL DETERMINATION OR DECISION SHALL HAVE
THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE  OFFICE  OF
SUCH  CLERK.  THE FINAL DETERMINATION OR DECISION MAY BE ENFORCED BY AND
IN THE SAME MANNER, AND WITH LIKE EFFECT AS IF IT WERE A DEFAULT AS  SET
FORTH  IN  SECTION  FIVE  HUNDRED  SEVENTY-THREE OF THIS ARTICLE. MONEYS
RECEIVED BECAUSE OF SUCH FALSE STATEMENT  OR  REPRESENTATION  OR  WILFUL
CONCEALMENT, INCLUDING THE ACCRUAL OF INTEREST, MAY ALSO BE RECOVERED AS
PRESCRIBED  BY  THE  CIVIL  PRACTICE LAW AND RULES FOR THE RECOVERY OF A
MONEY JUDGMENT OR THROUGH COMMON LAW OR STATUTORY RIGHTS  OF  OFFSET  OR
ANY  CRIMINAL  PROSECUTION.  THE  PENALTIES COLLECTED HEREUNDER SHALL BE
DEPOSITED IN THE FUND. THE PENALTIES  ASSESSED  UNDER  THIS  SUBDIVISION
SHALL  APPLY  AND  BE ASSESSED FOR ANY BENEFITS PAID UNDER FEDERAL UNEM-
PLOYMENT AND EXTENDED UNEMPLOYMENT PROGRAMS ADMINISTERED BY THE  DEPART-
MENT  IN  THE  SAME MANNER AS PROVIDED IN THIS ARTICLE. THE PENALTIES IN
THIS SECTION SHALL BE IN ADDITION TO ANY PENALTIES  IMPOSED  UNDER  THIS
CHAPTER OR ANY STATE OR FEDERAL CRIMINAL STATUTE.
  S 17. Section 596 of the labor law is amended by adding a new subdivi-
sion 7 to read as follows:
  7.  NOTWITHSTANDING THE PROVISIONS OF SECTION FIVE HUNDRED NINETY-FIVE
OF THIS TITLE, THE COMMISSIONER SHALL DEDUCT AND WITHHOLD  ANY  OVERPAY-
MENTS ESTABLISHED UNDER THIS ARTICLE OR UNDER ANY STATE OR FEDERAL UNEM-
PLOYMENT COMPENSATION PROGRAM FROM BENEFITS PAYABLE TO AN INDIVIDUAL. NO
PENALTIES  OR INTEREST ASSESSED PURSUANT TO SECTION FIVE HUNDRED NINETY-
FOUR OF THIS TITLE MAY BE DEDUCTED OR WITHHELD FROM BENEFITS.
  S 18. Subdivision 2 of section 597 of the  labor  law  is  amended  by
adding a new paragraph (d) to read as follows:
  (D)  NOTWITHSTANDING  ANY PROVISIONS OF THIS ARTICLE, UNLESS A COMMIS-
SIONER'S ERROR IS SHOWN OR THE FAILURE IS THE DIRECT RESULT OF A  DISAS-
TER  EMERGENCY  DECLARED  BY  THE  GOVERNOR  OR PRESIDENT, AN EMPLOYER'S
ACCOUNT SHALL NOT BE RELIEVED OF CHARGES RESULTING IN AN OVERPAYMENT  OF
BENEFITS  WHEN THE COMMISSIONER DETERMINES THAT THE OVERPAYMENT WAS MADE
BECAUSE THE EMPLOYER OR THE AGENT OF THE EMPLOYER FAILED  TO  TIMELY  OR
ADEQUATELY  RESPOND TO A REQUEST FOR INFORMATION IN THE NOTICE OF POTEN-
TIAL CHARGES OR OTHER SUCH NOTICE REQUESTING INFORMATION IN RELATION  TO
A  CLAIM  UNDER  THIS  ARTICLE, PROVIDED, HOWEVER, THAT THE COMMISSIONER
SHALL RELIEVE THE EMPLOYER OF CHARGES THE FIRST TIME THAT  THE  EMPLOYER
FAILS  TO  PROVIDE  TIMELY  OR  ADEQUATE  INFORMATION,  IF  THE EMPLOYER
PROVIDES GOOD CAUSE FOR SUCH FAILURE AS DETERMINED BY THE COMMISSIONER.
  "TIMELY" SHALL MEAN A RESPONSE IS PROVIDED IN THE TIME  PERIOD  SPECI-
FIED IN THE NOTICE AS PRESCRIBED BY THE COMMISSIONER.
  THE  TERM  "ADEQUATELY"  SHALL  MEAN  THAT  THE  EMPLOYER OR ITS AGENT
SUBMITTED INFORMATION SUFFICIENT TO RENDER A CORRECT DETERMINATION.
  THIS PROHIBITION FOR RELIEF OF CHARGES SHALL APPLY  TO  ALL  EMPLOYERS
UNDER  THIS  ARTICLE  INCLUDING  EMPLOYERS  ELECTING  PAYMENT IN LIEU OF
CONTRIBUTIONS.
  S 19. Section 600 of the labor law, as added by  chapter  793  of  the
laws  of  1963,  subdivision  6 as amended by chapter 391 of the laws of
2005, subdivision 7 as added by chapter 362 of the laws of  1980,  para-
graph  (a)  of  subdivision  7  as amended by chapter 176 of the laws of
2004, paragraph (b) of subdivision 7 as amended by chapter 5 of the laws
of 2000, and paragraph (c) of subdivision 7 as relettered by chapter 895
of the laws of 1980, is amended to read as follows:

S. 2607--A                         84                         A. 3007--A

  S 600. Effect of retirement payments. 1. Reduction  of  benefit  rate.
[If a claimant retires or is retired from employment by an employer and,
due  to  such  retirement,  is receiving a pension or retirement payment
under a plan financed in whole or in part by such employer, such  claim-
ant's  benefit  rate  for four effective days otherwise applicable under
subdivision seven of section five hundred ninety  shall  be  reduced  as
hereinafter provided.
  2.  Application. The reduction shall apply only to benefits which when
paid will be chargeable to the account of the employer who provided  the
pension or retirement benefit.
  3.  Amount  of reduction. If the pension or retirement payment is made
under a plan to which the employer is the sole contributor,  the  claim-
ant's  benefit  rate  shall  be  reduced  by the largest number of whole
dollars which is not more than the prorated weekly amount of his pension
or retirement payment under such plan.  If  the  pension  or  retirement
payment  is  made  under  a  plan  to which the employer is not the sole
contributor, the claimant's benefit rate shall be reduced by the largest
number of whole dollars which is not more than one-half of the  prorated
weekly amount of his pension or retirement payments under such plan, but
no  reduction shall apply if the claimant demonstrates that the employer
contributed less than fifty per centum to the plan.
  4. Reduction equal to benefit rate. If the amount to be deducted  from
a claimant's benefit rate equals or exceeds such rate, he shall be inel-
igible  to receive any benefits which if paid would be chargeable to the
employer involved in the pension or retirement plan,  but  any  benefits
which would in the absence of this section be chargeable to the accounts
of other employers shall be payable to the claimant.
  5. Reduction not established. If, at the time benefits are payable, it
has  not  been  established  that  the  claimant  will be receiving such
pension or retirement payment, benefits due  shall  be  paid  without  a
reduction,  subject to review within the period and under the conditions
as provided in subdivisions three and four of section five hundred nine-
ty-seven with respect to retroactive payment of remuneration.
  6. Limitation. For the purposes of this section, the terms "pension or
retirement payment" and "governmental or other  pension,  retirement  or
retired  pay,  annuity,  or  any other similar periodic payment which is
based on previous work" shall not include payments made from a qualified
trust to an eligible retirement plan  under  the  terms  and  conditions
specified  in  section four hundred two of the internal revenue code for
federal income tax purposes, such payments commonly  known  as  eligible
rollover distributions.
  7. Alternative condition. (a) When a reduction for retirement payments
is  required by the federal unemployment tax act as a condition for full
tax credit, in which event the  provisions  of  subdivisions  one,  two,
three,  four  and  five of this section shall not be operative, the] (A)
THE benefit rate of a claimant who is receiving a governmental or  other
pension,  retirement or retired pay, annuity, or any other similar peri-
odic payment which is based on his previous work, shall  be  reduced  as
hereinafter provided, if such payment is made under a plan maintained or
contributed to by his base period employer and, except for payments made
under  the  social  security act or the railroad retirement act of 1974,
the claimant's employment with,  or  remuneration  from,  such  employer
after  the beginning of the base period affected his eligibility for, or
increased the amount of, such pension, retirement or retired pay, annui-
ty, or other similar periodic payment.

S. 2607--A                         85                         A. 3007--A

  (b) [If the claimant made no contribution for the pension,  retirement
or  retired  pay,  annuity,  or other similar periodic payment, his] THE
CLAIMANT'S benefit rate shall be reduced by the largest number of  whole
dollars  which  is  not  more  than  the pro-rated weekly amount of such
payment.  If  the  claimant  was  the  sole contributor for the pension,
retirement or retired pay, annuity, or other similar  periodic  payment,
no  reduction  shall  apply.  [If  the  claimant's contributions for the
pension, retirement or retired pay, annuity, or other  similar  periodic
payment  were  less  than one hundred per centum, the commissioner shall
determine the amount of the reduction by taking into account the  claim-
ant's contributions in a manner consistent with the federal unemployment
tax act.]
  (c)  If, at the time benefits are payable, it has not been established
that the claimant will be receiving such pension, retirement or  retired
pay,  annuity  or  other  payment,  benefits due shall be paid without a
reduction, subject to review within the period and under the  conditions
as provided in subdivisions three and four of section five hundred nine-
ty-seven with respect to retroactive payment of remuneration.
  (D) FOR THE PURPOSES OF THIS SECTION, THE TERMS "PENSION OR RETIREMENT
PAYMENT"  AND "GOVERNMENTAL OR OTHER PENSION, RETIREMENT OR RETIRED PAY,
ANNUITY, OR ANY OTHER SIMILAR PERIODIC PAYMENT WHICH IS BASED ON  PREVI-
OUS  WORK"  SHALL NOT INCLUDE PAYMENTS MADE FROM A QUALIFIED TRUST TO AN
ELIGIBLE RETIREMENT PLAN UNDER THE TERMS  AND  CONDITIONS  SPECIFIED  IN
SECTION FOUR HUNDRED TWO OF THE INTERNAL REVENUE CODE FOR FEDERAL INCOME
TAX PURPOSES, SUCH PAYMENTS COMMONLY KNOWN AS ELIGIBLE ROLLOVER DISTRIB-
UTIONS.
  S  20.  Section 602 of the labor law, as amended by chapter 214 of the
laws of 1998, is amended to read as follows:
  S 602. Application. This title shall apply to a claimant  employed  by
an  employer  whose  application to participate in a shared work program
has been approved by the commissioner.  The  provisions  of  subdivision
four  of section five hundred twenty-seven, subdivisions three and seven
of section five hundred ninety and  subdivision  four  of  section  five
hundred  ninety-six  of  this  article  shall  not be applicable to such
claimant and he OR SHE shall not be required to be  available  for  work
with  any  other  employer NOR SHALL HE OR SHE BE REQUIRED TO SEARCH FOR
WORK IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION FIVE HUNDRED  NINETY-
ONE OF THIS ARTICLE IF HE OR SHE IS AVAILABLE FOR HIS OR HER USUAL HOURS
OF  WORK  WITH HIS OR HER EMPLOYER THAT HAS BEEN ACCEPTED TO PARTICIPATE
IN THE SHARED WORK PROGRAM. The other provisions of this  article  shall
apply  to such claimants and their employers to the extent that they are
not inconsistent with the provisions of this title.
  S 21. Section 603 of the labor law, as added by  chapter  438  of  the
laws of 1985, is amended to read as follows:
  S  603.  Definitions. For purposes of this title: "Total unemployment"
shall mean the total lack of any employment on any day, other than  with
an employer applying for a shared work program. ["Full time hours" shall
mean  at  least  thirty-five but not more than forty hours per week, and
shall not include overtime as defined in the Fair Labor Standards  Act.]
"Work  force"  shall  mean  the total work force, a clearly identifiable
unit or units thereof, or a particular shift or shifts. THE  WORK  FORCE
SUBJECT TO REDUCTION SHALL CONSIST OF NO LESS THAN TWO EMPLOYEES.
  S 21-a. Section 604 of the labor law, as amended by chapter 564 of the
laws of 2002, is amended to read as follows:
  S  604. Eligibility conditions. A claimant shall be eligible for bene-
fits under this title if he OR SHE works less than  his  OR  HER  normal

S. 2607--A                         86                         A. 3007--A

[full time] hours in a week for his customary employer, and that employ-
er has reduced or restricted the claimant's weekly hours of work, or has
rehired  a  claimant  previously  laid off and reduced his OR HER weekly
hours  of  work from those previously worked, as the result of a plan by
the employer to stabilize the work force by a  program  of  sharing  the
work  remaining  after  a  reduction in total hours of work and a corre-
sponding reduction in wages, provided the program requires not less than
a twenty percent nor more than a sixty percent reduction  in  hours  and
wages  among the work force. A claimant receiving supplemental unemploy-
ment compensation benefits, as defined in section five hundred  one  (c)
(17)  (D)  of  the internal revenue code of nineteen hundred fifty-four,
shall not be eligible hereunder. Any employee who was otherwise eligible
for benefits under this title but was denied benefits during the  period
beginning  October first, two thousand one and ending on December first,
two thousand one because more than five percent of his OR HER wages were
derived from piece work, shall be entitled to make a  retroactive  claim
for  such benefits provided such claim is filed within sixty days of the
effective date of this sentence.
  S 22. Section 605 of the labor law, as amended by section 2 of chapter
81 of the laws of 1992, is amended to read as follows:
  S 605. Qualified employers; application. An employer who has at  least
[five] TWO full time employees may apply to participate in a shared work
program.   The WRITTEN application shall be made according to such forms
and procedures as the commissioner may specify and  shall  include  such
information as the commissioner may require, INCLUDING SUCH OTHER INFOR-
MATION THAT THE UNITED STATES SECRETARY OF LABOR DETERMINES TO BE APPRO-
PRIATE  FOR  PURPOSES  OF A SHARED WORK PROGRAM.  The commissioner shall
not approve such application unless the employer (1) [agrees]  CERTIFIES
that  for  the duration of the program it will not eliminate or diminish
health insurance, medical insurance, RETIREMENT BENEFITS  or  any  other
fringe  benefits provided to employees immediately prior to the applica-
tion UNLESS SUCH BENEFITS PROVIDED TO EMPLOYEES THAT DO NOT  PARTICIPATE
IN  THE SHARED WORK PROGRAM ARE REDUCED OR DIMINISHED TO THE SAME EXTENT
AS THOSE EMPLOYEES THAT PARTICIPATE IN  THE  SHARED  WORK  PROGRAM;  (2)
certifies  that  the  collective  bargaining agent for the employees, if
any, has agreed to participate in the program; (3) certifies that if not
for the shared work program to be initiated the employer would reduce or
would have reduced its work force to a degree equivalent  to  the  total
number  of  working  hours  proposed to be reduced or restricted for all
included employees; (4) certifies that it will not hire additional  part
time  or  full  time  employees  for  the  affected work force while the
program is in operation; [and] (5) agrees that  no  participant  of  the
program  shall  receive, in the aggregate, more than [twenty] TWENTY-SIX
weeks of  benefits  exclusive  of  the  waiting  week;  (6)  PROVIDES  A
DESCRIPTION  OF  HOW  WORKERS  IN THE WORK FORCE WILL BE NOTIFIED OF THE
SHARED WORK PROGRAM IN ADVANCE OF IT TAKING EFFECT, IF FEASIBLE, AND  IF
SUCH  NOTICE IS NOT FEASIBLE, PROVIDES AN EXPLANATION OF WHY SUCH NOTICE
IS NOT FEASIBLE; (7) PROVIDES AN ESTIMATE OF THE NUMBER OF  WORKERS  WHO
WOULD  BE  LAID  OFF IF THE EMPLOYER COULD NOT PARTICIPATE IN THE SHARED
WORK PROGRAM; AND (8) CERTIFIES THAT THE TERMS OF THE EMPLOYER'S WRITTEN
PLAN AND IMPLEMENTATION SHALL BE CONSISTENT  WITH  EMPLOYER  OBLIGATIONS
UNDER APPLICABLE FEDERAL AND STATE LAWS.
  S 22-a. Section 605 of the labor law, as amended by section twenty-two
of  this  act  is  REPEALED  and  a  new section 605 is added to read as
follows:

S. 2607--A                         87                         A. 3007--A

  S 605.  QUALIFIED EMPLOYERS; APPLICATION. AN EMPLOYER WHO HAS AT LEAST
FIVE FULL TIME EMPLOYEES MAY APPLY  TO  PARTICIPATE  IN  A  SHARED  WORK
PROGRAM.  THE  WRITTEN APPLICATION SHALL BE MADE ACCORDING TO SUCH FORMS
AND PROCEDURES AS THE COMMISSIONER MAY SPECIFY AND  SHALL  INCLUDE  SUCH
INFORMATION AS THE COMMISSIONER MAY REQUIRE, INCLUDING SUCH OTHER INFOR-
MATION THAT THE UNITED STATES SECRETARY OF LABOR DETERMINES TO BE APPRO-
PRIATE FOR PURPOSES OF A SHARED WORK PROGRAM. THE COMMISSIONER SHALL NOT
APPROVE  SUCH APPLICATION UNLESS THE EMPLOYER (1) CERTIFIES THAT FOR THE
DURATION OF THE PROGRAM IT WILL NOT ELIMINATE OR DIMINISH HEALTH  INSUR-
ANCE,  MEDICAL  INSURANCE, RETIREMENT BENEFITS OR ANY OTHER FRINGE BENE-
FITS PROVIDED TO EMPLOYEES IMMEDIATELY PRIOR TO THE  APPLICATION  UNLESS
SUCH  BENEFITS  PROVIDED  TO  EMPLOYEES  THAT  DO NOT PARTICIPATE IN THE
SHARED WORK PROGRAM ARE REDUCED OR DIMINISHED  TO  THE  SAME  EXTENT  AS
THOSE  EMPLOYEES THAT PARTICIPATE IN THE SHARED WORK PROGRAM; (2) CERTI-
FIES THAT THE COLLECTIVE BARGAINING AGENT FOR THE EMPLOYEES, IF ANY, HAS
AGREED TO PARTICIPATE IN THE PROGRAM; (3) CERTIFIES THAT IF NOT FOR  THE
SHARED  WORK  PROGRAM TO BE INITIATED THE EMPLOYER WOULD REDUCE OR WOULD
HAVE REDUCED ITS WORK FORCE TO A DEGREE EQUIVALENT TO THE  TOTAL  NUMBER
OF  WORKING  HOURS PROPOSED TO BE REDUCED OR RESTRICTED FOR ALL INCLUDED
EMPLOYEES; (4) CERTIFIES THAT IT WILL NOT HIRE ADDITIONAL PART  TIME  OR
FULL  TIME EMPLOYEES FOR THE AFFECTED WORK FORCE WHILE THE PROGRAM IS IN
OPERATION; (5) AGREES THAT NO PARTICIPANT OF THE PROGRAM SHALL  RECEIVE,
IN  THE  AGGREGATE,  MORE THAN TWENTY WEEKS OF BENEFITS EXCLUSIVE OF THE
WAITING WEEK; (6) PROVIDES A DESCRIPTION OF  HOW  WORKERS  IN  THE  WORK
FORCE  WILL  BE  NOTIFIED  OF  THE  SHARED WORK PROGRAM IN ADVANCE OF IT
TAKING EFFECT, IF FEASIBLE, AND IF SUCH NOTICE IS NOT FEASIBLE, PROVIDES
AN EXPLANATION OF WHY SUCH NOTICE IS NOT FEASIBLE; (7) PROVIDES AN ESTI-
MATE OF THE NUMBER OF WORKERS WHO WOULD BE  LAID  OFF  IF  THE  EMPLOYER
COULD NOT PARTICIPATE IN THE SHARED WORK PROGRAM; AND (8) CERTIFIES THAT
THE  TERMS  OF  THE  EMPLOYER'S WRITTEN PLAN AND IMPLEMENTATION SHALL BE
CONSISTENT WITH EMPLOYER OBLIGATIONS UNDER APPLICABLE FEDERAL AND  STATE
LAWS.
  S  23.  Section  607  of the labor law, as added by chapter 438 of the
laws of 1985, subdivision 1 as amended by section 4 of chapter 81 of the
laws of 1992, is amended to read as follows:
  S 607. Benefits. 1. Amount. An eligible claimant shall be  paid  bene-
fits  for  any  week  equal to his OR HER benefit rate multiplied by the
percentage of reduction of his OR HER wages resulting from reduced hours
of work, but only if such percentage is no less than twenty percent. The
weekly benefit amount shall be rounded off  to  the  nearest  dollar.  A
claimant  shall  not  be  paid  such  benefits  in  excess  of  [twenty]
TWENTY-SIX weeks during a benefit year.
  2. Waiting period. A claimant shall not be entitled  to  benefits  for
the  first week of unemployment under a shared work program unless he OR
SHE has served a waiting period in his OR HER benefit year  pursuant  to
subdivision seven of section five hundred ninety of this article.
  S  23-a.  Subdivision 1 of section 607 of the labor law, as amended by
section twenty-three of this act is REPEALED, and a new subdivision 1 is
added to read as follows:
  1. AMOUNT. AN ELIGIBLE CLAIMANT SHALL BE PAID BENEFITS  FOR  ANY  WEEK
EQUAL  TO  HIS  OR  HER  BENEFIT  RATE  MULTIPLIED  BY THE PERCENTAGE OF
REDUCTION OF HIS OR HER WAGES RESULTING FROM REDUCED HOURS OF WORK,  BUT
ONLY IF SUCH PERCENTAGE IS NO LESS THAN TWENTY PERCENT. THE WEEKLY BENE-
FIT  AMOUNT SHALL BE ROUNDED OFF TO THE NEAREST DOLLAR. A CLAIMANT SHALL
NOT BE PAID SUCH BENEFITS IN EXCESS OF TWENTY  WEEKS  DURING  A  BENEFIT
YEAR.

S. 2607--A                         88                         A. 3007--A

  S  24. The labor law is amended by adding a new section 609 to read as
follows:
  S  609. TRAINING.  ELIGIBLE EMPLOYEES MAY PARTICIPATE, AS APPROPRIATE,
IN TRAINING TO ENHANCE JOB SKILLS IF SUCH PROGRAM HAS BEEN  APPROVED  BY
THE COMMISSIONER.  SUCH TRAINING MAY INCLUDE EMPLOYER-SPONSORED TRAINING
OR WORKER TRAINING FUNDED UNDER THE WORKFORCE INVESTMENT ACT OF 1998.
  S  25.  Section 611 of the labor law, as amended by chapter 589 of the
laws of 1998, is amended to read as follows:
  S 611. Charging of benefits. Benefits paid  to  a  claimant  shall  be
charged  to  the  employers'  accounts  as  provided in paragraph (e) of
subdivision one of section five  hundred  eighty-one  of  this  article.
HOWEVER,  EXCEPT FOR INDIVIDUALS EMPLOYED BY A PARTICIPATING EMPLOYER ON
A SEASONAL, TEMPORARY OR INTERMITTENT  BASIS,  NO  BENEFITS  PAID  TO  A
CLAIMANT SHALL BE CHARGED TO AN EMPLOYER'S ACCOUNT IF THE STATE IS REIM-
BURSED  BY THE UNITED STATES PURSUANT TO THE MIDDLE CLASS TAX RELIEF AND
JOB CREATION ACT OF 2012, PL 112-96.
  S 26. The labor law is amended by adding a new section 612 to read  as
follows:
  S  612.  SEVERABILITY.    IF  ANY  AMENDMENT  CONTAINED  IN  A CLAUSE,
SENTENCE, PARAGRAPH, SECTION OR PART OF THIS TITLE SHALL BE ADJUDGED  BY
THE  UNITED STATES DEPARTMENT OF LABOR TO VIOLATE REQUIREMENTS FOR MAIN-
TAINING BENEFIT STANDARDS REQUIRED OF THE STATE IN ORDER TO BE  ELIGIBLE
FOR  ANY  FINANCIAL  BENEFIT  OFFERED  THROUGH FEDERAL LAW OR REGULATION
INCLUDING, BUT NOT LIMITED TO, THE WAIVER OF INTEREST ON ADVANCES OR THE
WAIVER OF OBLIGATIONS TO REPAY SUCH ADVANCES TO THE  STATE  UNEMPLOYMENT
INSURANCE FUND, SUCH AMENDMENTS SHALL BE SEVERED FROM THIS ACT AND SHALL
NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THEREOF.
  S  27. Section 39 of part P2 of chapter 62 of the laws of 2003, amend-
ing the state finance law and other laws  relating  to  authorizing  and
directing  the  state  comptroller  to  loan  money to certain funds and
accounts, as amended by section 1 of part W of chapter 58 of the laws of
2011, is amended to read as follows:
  S 39. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2003; provided,
however, that sections one, three, four, six, seven through fifteen, and
seventeen  of  this act shall expire March 31, 2004, when upon such date
the provisions of such sections shall be deemed repealed; [and  sections
thirty  and  thirty-one  of this act shall expire December 31, 2013] and
the amendments made to section 69-c of the state finance law by  section
thirty-two  of  this  act  shall not affect the expiration and repeal of
such section and shall be deemed to be expired therewith.
  S 28. Severability. If any amendment contained in a clause,  sentence,
paragraph,  section  or part of this act shall be adjudged by the United
States Department of Labor to violate requirements for maintaining bene-
fit standards required of the state in order  to  be  eligible  for  any
financial  benefit  offered through federal law or regulation including,
but not limited to, the waiver of interest on advances or the waiver  of
obligations  to  repay such advances to the state unemployment insurance
fund, such amendments shall be severed  from  this  act  and  shall  not
affect, impair or invalidate the remainder thereof.
  S 29. This act shall take effect immediately, provided, however, that:
  a. sections one, three, seven, and eight of this act shall take effect
January 1, 2014;
  b.  sections  two,  thirteen,  fifteen, and nineteen of this act shall
apply to all claims filed after January 1, 2014;
  c. section nine of this act shall take effect January 1, 2017;

S. 2607--A                         89                         A. 3007--A

  d. section ten of this act shall take effect January 1, 2019;
  e.  sections  five,  six, sixteen, seventeen, and eighteen of this act
shall apply to all overpayments established after October 1, 2013;
  f. sections fourteen, twenty,  twenty-one,  twenty-one-a,  twenty-two,
twenty-three,  twenty-four, and twenty-six of this act shall take effect
on the thirtieth day after it shall have become a law;
  g. section twenty-five of this act shall expire and be deemed repealed
August 23, 2015;
  h. section twelve of this act shall take effect January 1, 2014 or  on
the  same  date  as the reversion of subdivision 2 of section 591 of the
labor law as provided in section 10 of chapter 413 of the laws of  2003,
as amended, whichever is later;
  i.  the  amendments  to section 591-a of the labor law made by section
fourteen of this act shall not affect the repeal  of  such  section  and
shall be deemed repealed therewith; and
  j.  sections  twenty-two-a  and  twenty-three-a of this act shall take
effect August 23, 2015.

                                 PART P

  Section 1. Subdivisions 1, 4 and 5 of section 652 of the labor law, as
amended by chapter 747 of the laws of  2004,  are  amended  to  read  as
follows:
  1.  Statutory.  Every  employer shall pay to each of its employees for
each hour worked a wage of not less than:
  $4.25 on and after April 1, 1991,
  $5.15 on and after March 31, 2000,
  $6.00 on and after January 1, 2005,
  $6.75 on and after January 1, 2006,
  $7.15 on and after January 1, 2007,
  $8.75 ON AND AFTER JULY 1, 2013, or, if greater, such  other  wage  as
may  be  established by federal law pursuant to 29 U.S.C. section 206 or
its successors
or such other  wage  as  may  be  established  in  accordance  with  the
provisions of this article.
  4.  Notwithstanding subdivisions one and two of this section, the wage
for an employee who is a food service worker receiving tips shall  be  a
cash  wage  of  at  least  three dollars and thirty cents per hour on or
after March thirty-first, two thousand; three  dollars  and  eighty-five
cents  on  or  after  January  first,  two  thousand five; at least four
dollars and thirty-five cents on or after January  first,  two  thousand
six;  [and]  at  least  four dollars and sixty cents on or after January
first, two thousand seven; AND AT LEAST SIX DOLLARS AND THREE  CENTS  ON
OR  AFTER  JULY  FIRST, TWO THOUSAND THIRTEEN, provided that the tips of
such an employee, when added to such cash wage, are equal to  or  exceed
the  minimum  wage in effect pursuant to subdivision one of this section
and provided further that no other cash wage is established pursuant  to
section  six  hundred fifty-three of this article. In the event the cash
wage payable under the Fair Labor Standards Act (29 United  States  Code
Sec. 203 (m), as amended), is increased after enactment of this subdivi-
sion,  the  cash wage payable under this subdivision shall automatically
be increased by the proportionate increase  in  the  cash  wage  payable
under  such federal law, and will be immediately enforceable as the cash
wage payable to food service workers under this article.
  5. Notwithstanding subdivisions one and two of this section, meal  and
lodging  allowances  for  a  food  service  worker receiving a cash wage

S. 2607--A                         90                         A. 3007--A

amounting to three dollars and thirty cents per hour on or  after  March
thirty-first,  two  thousand;  three dollars and eighty-five cents on or
after January first, two thousand five;  four  dollars  and  thirty-five
cents  on  or  after January first, two thousand six; [and] four dollars
and sixty cents on or after January first, two thousand  seven;  AND  AT
LEAST  SIX  DOLLARS AND THREE CENTS ON OR AFTER JULY FIRST, TWO THOUSAND
THIRTEEN, shall not  increase  more  than  two-thirds  of  the  increase
required  by  subdivision  two  of this section as applied to state wage
orders in effect pursuant to subdivision one of this section.
  S 2. This act shall take effect immediately.

                                 PART Q

Section 1. Paragraph (d) of subdivision 4 of section 209  of  the  civil
service  law,  as  amended  by section 9 of part A of chapter 504 of the
laws of 2009, is amended to read as follows:
  (d) The provisions of this subdivision shall expire [thirty-six] FORTY
years from July first, nineteen hundred seventy-seven, and hereafter may
be renewed every four years.
  S 2. Section 209 of the civil service law is amended by adding  a  new
subdivision 6 to read as follows:
  6. (A) FOR DISPUTES CONCERNING AN IMPASSE PURSUANT TO SUBDIVISION FOUR
OF THIS SECTION THAT INVOLVE A COUNTY, CITY, TOWN, OR VILLAGE SUBJECT TO
SECTION THREE-C OF THE GENERAL MUNICIPAL LAW, A PUBLIC ARBITRATION PANEL
SHALL  MAKE  A  DETERMINATION  AS TO WHETHER SUCH COUNTY, CITY, TOWN, OR
VILLAGE, IS A DISTRESSED PUBLIC EMPLOYER AS PART OF ITS ANALYSIS OF  THE
FINANCIAL ABILITY OF THE PUBLIC EMPLOYER TO PAY.
  (B)  IN  EVALUATING WHETHER A PUBLIC EMPLOYER COVERED BY THIS SUBDIVI-
SION IS A DISTRESSED PUBLIC  EMPLOYER,  SUCH  PUBLIC  ARBITRATION  PANEL
SHALL  CONSIDER  THE AVERAGE FULL VALUE PROPERTY TAX RATE OF SUCH PUBLIC
EMPLOYER AND THE AVERAGE FUND BALANCE PERCENTAGE OF SUCH PUBLIC  EMPLOY-
ER.
  I.  FOR  PURPOSES  OF THIS SUBDIVISION, "FULL VALUE PROPERTY TAX RATE"
SHALL MEAN THE AMOUNT TO BE RAISED BY TAX ON  REAL  ESTATE  BY  A  LOCAL
GOVERNMENT IN A GIVEN FISCAL YEAR DIVIDED BY THE FULL VALUATION OF TAXA-
BLE  REAL  ESTATE FOR THAT SAME FISCAL YEAR AS REPORTED TO THE OFFICE OF
THE STATE COMPTROLLER.
  II. FOR PURPOSES OF THIS SUBDIVISION, "AVERAGE FULL VALUE PROPERTY TAX
RATE" SHALL MEAN THE SUM OF THE FULL VALUE PROPERTY TAX  RATES  FOR  THE
FIVE MOST RECENT FISCAL YEARS DIVIDED BY FIVE.
  III. FOR PURPOSES OF THIS SUBDIVISION, "FUND BALANCE PERCENTAGE" SHALL
MEAN THE TOTAL FUND BALANCE IN THE GENERAL FUND OF A LOCAL GOVERNMENT IN
A  GIVEN  FISCAL YEAR DIVIDED BY THE TOTAL EXPENDITURES FROM THE GENERAL
FUND FOR THAT SAME FISCAL YEAR AS REPORTED TO THE OFFICE  OF  THE  STATE
COMPTROLLER.
  IV.  FOR  PURPOSES OF THIS SUBDIVISION, "AVERAGE FUND BALANCE PERCENT-
AGE" SHALL MEAN THE SUM OF THE FUND BALANCE  PERCENTAGES  FOR  THE  FIVE
MOST RECENTLY COMPLETED FISCAL YEARS DIVIDED BY FIVE.
  (C) IF THE AVERAGE FULL VALUE PROPERTY TAX RATE OF SUCH PUBLIC EMPLOY-
ER  IS GREATER THAN THE AVERAGE FULL VALUE PROPERTY TAX RATE OF SEVENTY-
FIVE PERCENT OF COUNTIES, CITIES, TOWNS, AND VILLAGES, WITH LOCAL FISCAL
YEARS ENDING IN THE SAME CALENDAR YEAR AS OF THE MOST RECENTLY AVAILABLE
INFORMATION, THE PUBLIC ARBITRATION PANEL MUST  FIND  THAT  SUCH  PUBLIC
EMPLOYER  IS  FISCALLY  DISTRESSED.  THE OFFICE OF THE STATE COMPTROLLER
SHALL MAKE PUBLICLY AVAILABLE THE LIST OF COUNTIES, CITIES,  TOWNS,  AND
VILLAGES,  THAT  HAVE AN AVERAGE FULL VALUE PROPERTY TAX RATE THAT MEETS

S. 2607--A                         91                         A. 3007--A

SUCH CRITERIA IN EACH LOCAL FISCAL YEAR. IF A PUBLIC  EMPLOYER  HAS  NOT
REPORTED  TO  THE OFFICE OF THE STATE COMPTROLLER THE INFORMATION NECES-
SARY TO CALCULATE ITS AVERAGE FULL VALUE PROPERTY TAX RATE,  THE  PUBLIC
ARBITRATION  PANEL  MAY NOT USE THE AVERAGE FULL VALUE PROPERTY TAX RATE
AS A BASIS BY WHICH TO  FIND  THAT  SUCH  PUBLIC  EMPLOYER  IS  FISCALLY
DISTRESSED.
  (D)  IF THE AVERAGE FUND BALANCE PERCENTAGE OF SUCH PUBLIC EMPLOYER IS
LESS THAN FIVE PERCENT, THE PUBLIC ARBITRATION PANEL MUST FIND THAT SUCH
PUBLIC EMPLOYER IS FISCALLY DISTRESSED. THE OFFICE OF  THE  STATE  COMP-
TROLLER  SHALL  MAKE  PUBLICLY  AVAILABLE  THE LIST OF COUNTIES, CITIES,
TOWNS, AND VILLAGES, THAT HAVE AN AVERAGE FUND BALANCE  PERCENTAGE  THAT
MEETS  SUCH CRITERIA IN EACH LOCAL FISCAL YEAR. IF A PUBLIC EMPLOYER HAS
NOT REPORTED TO THE OFFICE OF  THE  STATE  COMPTROLLER  THE  INFORMATION
NECESSARY  TO  CALCULATE ITS AVERAGE FUND BALANCE PERCENTAGE, THE PUBLIC
ARBITRATION PANEL MAY NOT USE THE AVERAGE FUND BALANCE PERCENTAGE  AS  A
BASIS BY WHICH TO FIND THAT SUCH PUBLIC EMPLOYER IS FISCALLY DISTRESSED.
  (E)   WHEN  SUCH  PUBLIC  EMPLOYER  HAS  BEEN  FOUND  TO  BE  FISCALLY
DISTRESSED, THE PUBLIC ARBITRATION PANEL SHALL NOT HAVE THE AUTHORITY TO
ISSUE A DETERMINATION THAT INCREASES THE COST OF TERMS AND CONDITIONS OF
EMPLOYMENT APPLICABLE TO EMPLOYEES UNDER THE JURISDICTION OF SUCH  PANEL
EXCEPT AS PROVIDED HEREIN.
  I. FOR THE FIRST  YEAR OF THE DETERMINATION, THE PANEL SHALL NOT ISSUE
A  DETERMINATION  THAT  MAKES  CHANGES  TO AND INCREASES THE COST OF ALL
TERMS AND CONDITIONS OF EMPLOYMENT BY  MORE  THAN  TWO  PERCENT  OF  THE
AGGREGATE AMOUNT EXPENDED BY THE PUBLIC EMPLOYER ON THE TERMS OF COLLEC-
TIVE  BARGAINING  AGREEMENTS  DIRECTLY  RELATING  TO COMPENSATION OF ALL
EMPLOYEES SUBJECT TO THE PUBLIC ARBITRATION PANEL'S JURISDICTION IN  THE
TWELVE  MONTHS  IMMEDIATELY  PRECEDING  THE EXPIRATION OF THE COLLECTIVE
BARGAINING AGREEMENT OR INTEREST ARBITRATION AWARD THAT IS  THE  SUBJECT
OF  THE  IMPASSE  BEFORE  THE  PANEL. FOR THE FIRST YEAR OF THE DETERMI-
NATION, THE PANEL IS REQUIRED TO FURTHER REDUCE THIS TWO PERCENT BY  THE
AMOUNT  OF  ANY  INCREASED  COST THAT THE PUBLIC EMPLOYER WILL INCUR FOR
INSURANCE, MEDICAL, AND HOSPITALIZATION BENEFITS PROVIDED  TO  EMPLOYEES
SUBJECT  TO  THE  PANEL'S  JURISDICTION  THAT  WILL EXCEED A TWO PERCENT
INCREASE IN COST TO THE PUBLIC EMPLOYER TO PROVIDE  INSURANCE,  MEDICAL,
AND HOSPITALIZATION BENEFITS TO EMPLOYEES UNDER THE PANEL'S JURISDICTION
DURING THE FIRST YEAR OF THE DETERMINATION.
  II.  FOR  THE  SECOND  YEAR  OF THE DETERMINATION, THE PANEL SHALL NOT
ISSUE A DETERMINATION THAT MAKES CHANGES TO AND INCREASES  THE  COST  OF
ALL  TERMS  AND CONDITIONS OF EMPLOYMENT BY MORE THAN TWO PERCENT OF THE
AGGREGATE AMOUNT EXPENDED BY THE PUBLIC EMPLOYER ON THE TERMS OF COLLEC-
TIVE BARGAINING AGREEMENTS DIRECTLY  RELATING  TO  COMPENSATION  OF  ALL
EMPLOYEES  SUBJECT TO THE PUBLIC ARBITRATION PANEL'S JURISDICTION IN THE
TWELVE MONTHS IMMEDIATELY PRECEDING THE  EXPIRATION  OF  THE  COLLECTIVE
BARGAINING  AGREEMENT  OR INTEREST ARBITRATION AWARD THAT IS THE SUBJECT
OF THE IMPASSE BEFORE THE PANEL. FOR THE SECOND  YEAR  OF  THE  DETERMI-
NATION,  THE PANEL IS REQUIRED TO FURTHER REDUCE THIS TWO PERCENT BY THE
AMOUNT OF ANY INCREASED COST THAT THE PUBLIC  EMPLOYER  WILL  INCUR  FOR
INSURANCE,  MEDICAL,  AND HOSPITALIZATION BENEFITS PROVIDED TO EMPLOYEES
SUBJECT TO THE PANEL'S JURISDICTION  THAT  WILL  EXCEED  A  TWO  PERCENT
INCREASE  IN  COST TO THE PUBLIC EMPLOYER TO PROVIDE INSURANCE, MEDICAL,
AND HOSPITALIZATION BENEFITS FOR EMPLOYEES UNDER THE  PANEL'S  JURISDIC-
TION DURING THE FIRST YEAR OF THE DETERMINATION. IF THE ACTUAL AMOUNT OF
THE  INCREASED  COST  THAT  A  PUBLIC EMPLOYER WILL INCUR FOR INSURANCE,
MEDICAL, AND HOSPITALIZATION  BENEFITS  FOR  EMPLOYEES  SUBJECT  TO  THE
PANEL'S  JURISDICTION  IN  YEAR  TWO  OF THE DETERMINATION IS KNOWN, THE

S. 2607--A                         92                         A. 3007--A

PUBLIC ARBITRATION PANEL SHALL USE THAT AMOUNT  RATHER  THAN  THE  FIRST
YEAR  AMOUNT  TO CALCULATE ANY REDUCTION. THE DETERMINATION FOR YEAR TWO
WILL BE IN ADDITION TO THE DETERMINATION FOR YEAR ONE.
  III. FOR THE PURPOSES OF DETERMINING THE AMOUNTS AVAILABLE PURSUANT TO
THIS  PARAGRAPH,  "TERMS  OF  COLLECTIVE  BARGAINING AGREEMENTS DIRECTLY
RELATING TO COMPENSATION" INCLUDES,  BUT  IS  NOT  LIMITED  TO,  SALARY,
STIPENDS, LOCATION PAY, INSURANCE, MEDICAL AND HOSPITALIZATION BENEFITS;
AND SHALL NOT APPLY TO NON-COMPENSATORY ISSUES INCLUDING, BUT NOT LIMIT-
ED  TO, JOB SECURITY, DISCIPLINARY PROCEDURES AND ACTIONS, DEPLOYMENT OR
SCHEDULING, OR ISSUES RELATING TO ELIGIBILITY FOR OVERTIME COMPENSATION.
  (F) ADDITIONALLY, WHEN THERE HAS BEEN A FINDING OF FISCAL DISTRESS,  A
PUBLIC  ARBITRATION  PANEL  SHALL  NOT  HAVE THE AUTHORITY TO CREATE NEW
TERMS AND CONDITIONS OF EMPLOYMENT THAT  INCREASE  COSTS  OF  TERMS  AND
CONDITIONS  OF  EMPLOYMENT TO THE FISCALLY DISTRESSED PUBLIC EMPLOYER IF
THE INCREASE IN COSTS WOULD CAUSE THE OVERALL COST OF THE  DETERMINATION
TO  EXCEED THE LIMITATION ON THE PUBLIC ARBITRATION PANEL'S AUTHORITY AS
CONTAINED IN PARAGRAPH (E) OF THIS SUBDIVISION.
  (G) NOTHING HEREIN SHALL REQUIRE A PUBLIC ARBITRATION PANEL,  WHERE  A
FINDING  THAT  A  DISTRESSED  PUBLIC  EMPLOYER IS REQUIRED, TO GRANT ANY
CHANGE IN TERMS AND CONDITIONS OF EMPLOYMENT UNLESS OTHERWISE  WARRANTED
AFTER TAKING INTO CONSIDERATION ALL OTHER RELEVANT AND REQUIRED FACTORS.
  (H)  NOTHING  HEREIN SHALL REQUIRE A PUBLIC ARBITRATION PANEL, WHERE A
FINDING THAT A DISTRESSED PUBLIC EMPLOYER IS NOT REQUIRED, TO GRANT  ANY
CHANGE  IN TERMS AND CONDITIONS OF EMPLOYMENT UNLESS OTHERWISE WARRANTED
AFTER TAKING INTO CONSIDERATION ALL OTHER RELEVANT AND REQUIRED FACTORS.
  (I) THE PROVISIONS OF THIS SUBDIVISION SHALL EXPIRE  FOUR  YEARS  FROM
JULY FIRST, TWO THOUSAND THIRTEEN.
  S 3. This act shall take effect immediately and shall be effective for
all  collective  bargaining  agreements  and interest arbitration awards
that expire on or after April 1, 2013.

                                 PART R

Section 1. The racing, pari-mutuel wagering and breeding law is  amended
by adding a new article 13 to read as follows:
                               ARTICLE 13
                        PHASE ONE CASINO GAMBLING
SECTION 1301. STATEMENT OF PURPOSE.
        1302. PHASE ONE CASINO GAMBLING FACILITIES.
        1303. CASINO GAMBLING REGULATION.
        1304. CASINO GAMBLING REVENUE.
        1305. GAMING REGULATORY STUDY.
        1306. CASINO REQUEST FOR INFORMATION.
  S  1301.  STATEMENT  OF PURPOSE. IN ORDER TO REVITALIZE THE ECONOMY OF
UPSTATE NEW YORK, BY INCREASING TOURISM  AND  JOBS  THROUGH  DESTINATION
RESORTS  IN  UPSTATE  NEW YORK, AND TO PROVIDE REVENUE TO FUND EDUCATION
AND REDUCE PROPERTY TAXES, THE STATE HEREBY LEGALIZES CASINO GAMBLING AS
REGULATED BY THE STATE GAMING COMMISSION.
  S 1302. PHASE ONE CASINO GAMBLING FACILITIES. 1. THE LEGISLATURE SHALL
AUTHORIZE UP TO THREE CASINOS SUBJECT TO THE  REGULATION  OF  THE  STATE
GAMING COMMISSION.
  2. THE THREE CASINOS AUTHORIZED BY THE LEGISLATURE CANNOT BE LOCATED:
  (A) IN THE CITY OF NEW YORK; AND
  (B)  IN  THE  COUNTIES OF NASSAU, PUTNAM, ROCKLAND, SUFFOLK, AND WEST-
CHESTER.

S. 2607--A                         93                         A. 3007--A

  S 1303. CASINO GAMBLING REGULATION. 1. THERE IS HEREBY CREATED IN  THE
GAMING  COMMISSION  A SEPARATE OFFICE OF CASINO GAMBLING REGULATION. THE
OFFICE SHALL REGULATE CASINO GAMBLING FACILITIES AUTHORIZED PURSUANT  TO
SECTION NINE OF ARTICLE ONE OF THE STATE CONSTITUTION.
  2.  UTILIZING  ITS BEST INDEPENDENT AND UNBIASED JUDGMENT AS PART OF A
COMPETITIVE PROCESS, THE GAMING COMMISSION SHALL  SELECT  THE  LOCATIONS
AND THE OPERATORS OF THE CASINO FACILITIES AUTHORIZED BY THIS ARTICLE.
  3.  NO  CASINO  LOCATION  AND  OPERATOR  MAY BE SELECTED BY THE GAMING
COMMISSION UNLESS THAT LOCATION AND OPERATOR  HAVE  SIGNIFICANT  SUPPORT
FROM  BOTH  THE  LOCAL  GOVERNMENT  AND THE LOCAL COMMUNITY IN WHICH THE
CASINO IS TO BE LOCATED.
  S 1304. CASINO GAMBLING REVENUE. REVENUE DERIVED BY THE STATE FROM THE
GROSS GAMING REVENUE OF THE CASINO FACILITIES AUTHORIZED BY THIS ARTICLE
SHALL BE ALLOCATED TO A CASINO REVENUE FUND AUTHORIZED PURSUANT  TO  THE
STATE FINANCE LAW AND DISTRIBUTED AS FOLLOWS:
  1. 90% FOR ELEMENTARY AND SECONDARY EDUCATION; AND
  2. 10% FOR LOCAL GOVERNMENT PROPERTY TAX RELIEF.
  S  1305.  GAMING  REGULATORY  STUDY. 1. THE STATE GAMING COMMISSION IS
HEREBY DIRECTED TO CONDUCT  A  COMPREHENSIVE  STUDY  OF  EXISTING  LEGAL
FRAMEWORKS  GOVERNING  THE  LICENSING AND REGULATION OF CASINO GAMBLING.
SUCH STUDY SHALL INCLUDE A REVIEW OF VARIOUS  SYSTEMS  OF  GAMING  REGU-
LATION AND THE EFFECTIVENESS OF THOSE SYSTEMS. SUCH STUDY SHALL CONSIDER
THE METHODS AND MANNERS OF LICENSING OF:  FACILITIES; ENTERPRISES UNDER-
TAKING  DIRECT AND INDIRECT BUSINESS WITH SUCH FACILITIES; AND PERSONNEL
DIRECTLY AND INDIRECTLY EMPLOYED BY SUCH FACILITIES AND ENTERPRISES.
  2. THE COMMISSION SHALL ALSO STUDY THE APPROPRIATE RATES  OF  TAXATION
OF  SUCH GAMING ACTIVITIES AND PROVIDE RECOMMENDATIONS ON CLARIFYING AND
HARMONIZING INCONSISTENT METHODS OF TREATMENT OF VARIOUS FORMS OF GAMING
AUTHORIZED IN THE STATE AND THE PARTICIPANTS WITHIN,  IDENTIFYING  CASES
WHERE THE DISPARITY SERVES A COMPELLING STATE INTEREST.
  3.  THE  COMMISSION  SHALL ALSO STUDY THE LEVELS OF CAPITAL INVESTMENT
THAT MIGHT BE  APPROPRIATE  TO  LOCATE  DESTINATION  CASINO  RESORTS  IN
UPSTATE NEW YORK.
  4.  THE  COMMISSION  SHALL CONSULT WITH THE REGIONAL ECONOMIC DEVELOP-
MENTS COUNCILS IN PREPARING THE STUDY REQUIRED BY THIS SECTION.
  5. THE COMMISSION SHALL SUBMIT TO THE GOVERNOR, SPEAKER OF THE  ASSEM-
BLY  AND  TEMPORARY PRESIDENT OF THE SENATE, NO LATER THAN THE FIFTEENTH
DAY OF MAY, TWO THOUSAND THIRTEEN, A WRITTEN  REPORT  ON  ITS  FINDINGS,
CONCLUSIONS  AND  RECOMMENDATIONS FOR PROPOSED CHANGES TO STATE LAWS AND
REGULATIONS NECESSARY TO PROVIDE FOR THE  LICENSING  AND  REGULATION  OF
CASINO GAMBLING IN NEW YORK STATE.
  S  1306.  CASINO  REQUEST FOR INFORMATION. THE STATE GAMING COMMISSION
SHALL ISSUE A REQUEST FOR INFORMATION  FOR  THE  PURPOSE  OF  SOLICITING
INTEREST  FROM  ENTITIES  SEEKING  AN  AWARD OF A LICENSE TO DEVELOP AND
OPERATE ONE OF THE THREE INITIAL CASINO FACILITIES  AUTHORIZED  BY  THIS
ARTICLE.  THE  REQUEST  SHOULD  SEEK  INFORMATION  FROM POTENTIAL GAMING
FACILITY OPERATORS THAT WILL ASSIST IN MAKING INFORMED  DECISIONS  ABOUT
EXPANDED  REGULATED  PRIVATE  SECTOR  GAMING.  ADDITIONALLY, THE REQUEST
SHOULD ASSIST THE COMMISSION IN DETERMINING THE RANGE OF POSSIBLE DEVEL-
OPMENT AVAILABLE IN THE MARKET AND HELP IDENTIFY  AND  ASSESS  POTENTIAL
GAMING  SERVICE  PROVIDER  INTEREST. POTENTIAL GAMING FACILITY OPERATORS
THAT RESPOND TO REQUESTS SHALL DEMONSTRATE  THAT  THERE  IS  SIGNIFICANT
SUPPORT  FOR  THE  CASINO  FACILITY  FROM THE LOCAL GOVERNMENT COMMUNITY
WHERE THE FACILITY IS PROPOSED TO BE LOCATED.
  S 2. The state finance law is amended by adding a new section 92-a  to
read as follows:

S. 2607--A                         94                         A. 3007--A

  S  92-A.  CASINO  REVENUE  FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER  OF  TAXATION  AND
FINANCE A SPECIAL FUND TO BE KNOWN AS THE CASINO REVENUE FUND.
  2.  SUCH  FUND SHALL CONSIST OF THE STATE CASINO REVENUES DERIVED FROM
STATE TAXATION OF THE GROSS GAMING REVENUE OF LICENSED CASINOS, AND  ALL
OTHER  MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR
SOURCE PURSUANT TO LAW.
  3. NINETY PERCENT OF THE MONEYS IN SUCH FUND SHALL BE APPROPRIATED  OR
TRANSFERRED ONLY FOR ELEMENTARY AND SECONDARY EDUCATION.
  4.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, AMOUNTS
APPROPRIATED OR TRANSFERRED FROM THE CASINO REVENUE FUND  SHALL  NOT  BE
INCLUDED  IN: (I) THE ALLOWABLE GROWTH AMOUNT COMPUTED PURSUANT TO PARA-
GRAPH (DD) OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO  OF  THE
EDUCATION  LAW,  (II) THE PRELIMINARY GROWTH AMOUNT COMPUTED PURSUANT TO
PARAGRAPH (FF) OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  TWO  OF
THE EDUCATION LAW, AND (III) THE ALLOCABLE GROWTH AMOUNT COMPUTED PURSU-
ANT  TO  PARAGRAPH (GG) OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
TWO OF THE EDUCATION LAW.
  5. ALL PAYMENTS OF MONEYS FROM THE CASINO REVENUE FUND SHALL  BE  MADE
ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
  S 3. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through R of this act shall be
as specifically set forth in the last section of such Parts.

S2607B - Bill Details

See Assembly Version of this Bill:
A3007D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2607B - Bill Texts

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Amends various provisions of law relating to implementing the ELFA budget for the 2013-2014 state fiscal year; relates to school district eligibility for an increase in apportionment of school aid and implementation of standards for conducting annual professional performance reviews to determine teacher and principal effectiveness; amends the education law, in relation to contracts for excellence, school census in school districts, New York state school safety improvement teams, accountability of school districts, the financing of charter schools, annual professional performance review plans, apportionment of school aid, calculation of the gap elimination restoration amount, establishment of a community schools and extended learning time grant program, duties of school districts and the costs of certain tuition maintenance and transportation; amends the general municipal law, in relation to the employee benefit accrued liability reserve fund; amends the education law, in relation to transportation after 4 pm; amends chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending certain provisions; amends chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to apportionment and reimbursement; and in relation to extending the expiration of certain provisions; amends chapter 169 of the laws of 1994 relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; amends chapter 82 of the laws of 1995, amending the education law and certain other laws relating to state aid to school districts and the appropriation of funds for the support of government; amends chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees; amends chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; amends chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the expiration of certain provisions of such chapter; amends chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts, in relation to extending the provisions of such chapter; relates to school bus driver training; relates to the support of public libraries; provides special apportionment for salary expenses; provides special apportionment for public pension expenses; relates to suballocation of certain education department accruals; relates to purchases by the city school district of Rochester; repeals subdivision 17 of section 1950 of the education law relating thereto; repeals section 3627 of the education law relating to transportation after 5 pm and provides for the repeal of certain provisions upon expiration thereof (Part A); amends the education law and the public authorities law, in relation to the acquisition, design, construction, reconstruction, rehabilitation, improvement and financing of dormitory facilities for the state university of New York (Part B); amends chapter 57 of the laws of 2005 amending the labor law and other laws implementing the state fiscal plan for the 2005-2006 state fiscal year, relating to the New York state higher education capital matching grant program for independent colleges, in relation to the New York state higher education matching grant program for independent colleges and the effectiveness thereof (Part C); amends the education law, in relation to establishing the Next Generation NY Job Linkage Program Act (Part D); amends the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part E); amends the executive law and the social services law, in relation to consolidating the youth development and delinquency prevention program and the special delinquency prevention program; and to repeal certain provisions of the executive law relating thereto; and providing for the repeal of such provisions upon expiration thereof (Part G); amends the real property tax law, in relation to providing for the registration of recipients of STAR exemptions, and eliminating waste, fraud and abuse in the STAR program and relating to the powers of the state board of real property tax services (Part J); utilizes reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part M); relates to the powers of the commissioner of labor and repeals subdivision 17 of section 100 of the economic development law relating to the operation of the state data center (Part N); increases unemployment insurance benefits and contributions, to entitlement and eligibility criteria, to work search requirements, to relieving employers of charges for separations caused by misconduct and voluntarily leaving employment without good cause, to reduction of benefits based on pensions and dismissal pay, to enhanced penalties, in relation to fraudulently obtained benefits and new penalties for employers who cause overpayments by failing to timely and accurately respond to information about claims, to approving employer shared work benefit plans, and to the interest assessment surcharge; amends chapter 62 of the laws of 2003, amending the state finance law and other laws relating to authorizing and directing the state comptroller to loan money to certain funds and accounts, in relation to the effectiveness thereof; repeals certain provisions of the labor law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part O); amends the labor law, in relation to the minimum wage and making technical corrections relating thereto (Part P); amends the racing, pari-mutuel wagering and breeding law, in relation to labor peace agreements (Part R); amends the education law, in relation to dental health certificates for students (Part S); amends the education law, in relation to the performance of medical services (Part T); amends the education law, in relation to creating the graduation, achievement and placement program (Part U); amends the education law, in relation to charges for non-resident students (Part V); amends the tax law, the state finance law and the executive law, in relation to gifts for honor and remembrance of veterans, the establishment of the veterans remembrance and cemetery maintenance and operation fund, repeals certain provisions of the executive law relating thereto (Part W); amends the public service law, in relation to strengthening the oversight and enforcement mechanisms of the Public Service Commission; amends the general business law, in relation to increasing fines for violations relating to the protection of underground facilities (Part X); relates to the repowering of existing power generation facilities (Part Y); amends the labor law, in relation to the self-employment assistance program; amends chapter 413 of the laws of 2003 amending the labor law relating to the self-employment assistance program and other matters, in relation to the effectiveness thereof (Part Z); amends chapter 420 of the laws of 2002 amending the education law relating to the profession of social work; amends chapter 676 of the laws of 2002 amending the education law relating to the practice of psychology; amends chapter 130 of the laws of 2010 amending the education law and other laws relating to the registration of entities providing certain professional services and the licensure of certain professions, in relation to reporting requirements and expiration dates; amends the education law, in relation to licensure of social workers and mental health counselors (Part AA); amends the retirement and social security law, in relation to stable pensions; amends the education law, in relation to a stable contribution option for participating educational employers (Part BB); relates to contracts for services and expenses of pay for success initiatives to improve program outcomes in the program areas of health care, early childhood development, childhood welfare and public safety (Part CC); amends the private housing finance law, in relation to establishing the rural and urban community investment fund program (Part DD); amends the state finance law, in relation to increasing state assistance to eligible cities and eligible municipalities in which a video lottery gaming facility is located (Part EE); amends the penal law, in relation to making technical changes to such law relating to licensing of firearms; amends chapter 1 of the laws of 2013 amending the criminal procedure law and other laws relating to suspension and revocation of firearms licenses, in relation to the effectiveness thereof (Part FF); amends the workers' compensation law, in relation to changing the composition of the board's practice committees and to permitting a single arbitrator process; amends the workers' compensation law, in relation to the collection of assessments for annual expenses and the investment of surplus or reserve; relates to the representation of funds, in relation to closing the fund for reopened cases; relates to administration expenses for the state insurance fund; relates to requiring self-insured municipal groups and county treasurers to provide certain financial information to the workers' compensation board; amends the workers' compensation law and the public authorities law, in relation to authorizing the workers' compensation board and the dormitory authority to enter into a self-insured bond financing agreement; amends the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law, in relation to the payment of benefits and to the assessment of expenses; amends the public officers law, in relation to indemnification of state officers and employees; repeals certain provisions of the workers' compensation law, the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law relating to assessments for expenses, and relating to the location of the workers' compensation board (Part GG); provides for the administration of certain funds and accounts related to the 2013-14 budget; authorizes certain payments and transfers; amends chapter 59 of the laws of 2012, relating to providing for administration of certain funds and accounts related to the 2013-2014 budget, in relation to the effectiveness thereof; amends the state finance law, in relation to school tax relief fund; amends chapter 60 of the laws of 2011, amending the state finance law relating to disbursements from the tribal-state compact revenue account to certain municipalities, in relation to the availability of moneys; amends the New York state medical care facilities finance agency act, in relation to the deposit of certain funds; amends the state finance law, in relation to the issuance of revenue bonds; amends the public authorities law, in relation to the number of directors required for approval of a resolution authorizing the issuance of bonds or notes; amends the New York state urban development corporation act, in relation to funding project costs for certain capital projects; amends chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the Division of Military and Naval Affairs Capital Projects; amends chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds; amends the private housing finance law, in relation to housing program bonds and notes; amends chapter 329 of the laws of 1991, amending the state fiance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of bonds; amends the public authorities law, in relation to courthouse improvements and training facilities, metropolitan transportation authority facilities, peace bridge projects and issuance of bonds by the dormitory authority; amends chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to issuance of bonds by the urban development corporation; amends the New York state urban development corporation act, in relation to projects for retention of professional football in western New York; amends the public authorities law, in relation to the cleaner, greener communities program; amends the state finance law, in relation to establishing the sales tax revenue bond tax fund and providing for the deposit of revenues therefrom, establishing the sales tax revenue bond financing program; amends the tax law, in relation to deposit and disposition of revenue; amends the state finance law, in relation to establishing the New York state storm recovery capital fund; amends the New York state urban development corporation act, in relation to authorizing the urban development corporation to issue bonds to fund project costs for the implementation of a NY-CUNY challenge grant program; amends chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof; amends the public authorities law, in relation to dormitories at certain educational institutions other than state operated institutions and statutory or contract colleges under the jurisdiction of the state university of New York; amends chapter 81 of the laws of 2002, providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to increasing the aggregate amount of bonds to be issued by the New York state urban development corporation; amends the public authorities law, in relation to financing of New York works transportation capital projects; provides for the repeal of certain provisions upon expiration thereof (Part HH).

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

    S. 2607--B                                            A. 3007--B

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

                            January 22, 2013
                               ___________

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

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

AN ACT in relation to school district eligibility  for  an  increase  in
  apportionment  of  school  aid  and  implementation  of  standards for
  conducting annual professional performance reviews to determine teach-
  er and  principal  effectiveness;  to  amend  the  education  law,  in
  relation to contracts for excellence, expenses for computer equipment,
  accountability  of school districts, the financing of charter schools,
  annual professional performance review plans, apportionment of  school
  aid, calculation of the gap elimination restoration amount, establish-
  ment  of a community schools and extended learning time grant program,
  duties of school districts and the costs of  certain  tuition  mainte-
  nance  and  transportation;  to  amend chapter 756 of the laws of 1992
  relating to funding a program for work force  education  conducted  by
  the  consortium  for worker education in New York city, in relation to
  apportionment and reimbursement; and  in  relation  to  extending  the
  expiration  of certain provisions; to amend chapter 169 of the laws of
  1994 relating to certain provisions related to the 1994-95 state oper-
  ations, aid to localities, capital projects and debt service  budgets;
  to  amend  chapter  82 of the laws of 1995, amending the education law
  and certain other laws relating to state aid to school  districts  and
  the  appropriation  of  funds  for the support of government; to amend
  chapter 147 of the laws of 2001 amending the education law relating to
  conditional appointment of school district, charter  school  or  BOCES
  employees;  to  amend  chapter  425  of  the laws of 2002 amending the
  education law relating to the provision  of  supplemental  educational

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12572-04-3

S. 2607--B                          2                         A. 3007--B

  services,  attendance  at  a  safe public school and the suspension of
  pupils who bring a firearm to or possess a firearm  at  a  school,  to
  amend  chapter  101  of  the  laws  of 2003 amending the education law
  relating to implementation of the No Child Left Behind Act of 2001, in
  relation  to  extending  the  expiration of certain provisions of such
  chapters; to amend chapter 472 of the laws of 1998 amending the educa-
  tion law relating to the lease of school buses by school districts, in
  relation to extending the provisions of such chapter; in  relation  to
  school  bus  driver  training;  in  relation  to the support of public
  libraries; to provide special apportionment for  salary  expenses;  to
  provide special apportionment for public pension expenses; in relation
  to suballocation of certain education department accruals; in relation
  to  purchases  by the city school district of Rochester; and providing
  for the repeal of certain provisions relating to the suballocation  of
  certain education department accruals (Part A); to amend the education
  law  and  the  public authorities law, in relation to the acquisition,
  design, construction, reconstruction, rehabilitation, improvement  and
  financing of dormitory facilities for the state university of New York
  (Part  B);  to amend chapter 57 of the laws of 2005 amending the labor
  law and  other  laws  implementing  the  state  fiscal  plan  for  the
  2005-2006  state  fiscal  year,  relating to the New York state higher
  education capital matching grant program for independent colleges,  in
  relation to the New York state higher education matching grant program
  for  independent  colleges  and the effectiveness thereof (Part C); to
  amend the education law, in relation to establishing the  Next  Gener-
  ation  NY  Job  Linkage  Program  Act  (Part  D);  to amend the social
  services law, in relation to increasing the standards of monthly  need
  for aged, blind and disabled persons living in the community (Part E);
  to  amend the private housing finance law, in relation to the homeless
  housing and assistance program; and to repeal  certain  provisions  of
  the social services law relating thereto (Part F); to amend the execu-
  tive law and the social services law, in relation to consolidating the
  youth  development  and delinquency prevention program and the special
  delinquency prevention program; and to repeal  certain  provisions  of
  the  executive  law  relating thereto (Part G); to amend the executive
  law, the family court act, and the social services law, in relation to
  juvenile justice reforms; and to  repeal  certain  provisions  of  the
  executive  law  and the family court act relating thereto (Subpart A);
  to amend the executive law, in relation to allowing the department  of
  civil  service, in consultation with the commissioner of the office of
  children and family services, to prescribe qualifications of  facility
  director  positions  (Subpart B) (Part H); to amend the executive law,
  the public health law and the social services law, in relation to  the
  merger  of the office of the welfare inspector general with the office
  of the inspector general; and to  repeal  certain  provisions  of  the
  executive  law  relating  thereto (Part I); to amend the real property
  tax law, in relation to providing for the registration  of  recipients
  of STAR exemptions, and eliminating waste, fraud and abuse in the STAR
  program  (Part  J);  to  amend  the  private  housing  finance law, in
  relation to the community preservation program; and to repeal articles
  16 and 17 of such law relating thereto (Part K); to amend  the  public
  authorities  law  and  the private housing finance law, in relation to
  modernizing the investment powers of the state of  New  York  mortgage
  agency  and  the  New York state housing finance agency; and to repeal
  certain provisions of the public authorities law and the private hous-
  ing finance law relating thereto (Part L); to utilize reserves in  the

S. 2607--B                          3                         A. 3007--B

  project  pool  insurance  account  of  the mortgage insurance fund for
  various housing purposes (Part M); to amend the labor law, in relation
  to the powers of the commissioner of labor and to  repeal  subdivision
  17  of  section  100  of  the economic development law relating to the
  operation of the state data center (Part N); to amend the  labor  law,
  in relation to increasing unemployment insurance benefits and contrib-
  utions,  to  entitlement  and  eligibility  criteria,  to  work search
  requirements, to relieving employers of charges for separations caused
  by misconduct and voluntarily leaving employment without  good  cause,
  to  reduction  of  benefits  based  on  pensions and dismissal pay, to
  enhanced penalties, in relation to fraudulently obtained benefits  and
  new penalties for employers who cause overpayments by failing to time-
  ly  and  accurately  respond to information about claims, to approving
  employer shared work benefit plans, and  to  the  interest  assessment
  surcharge;  and  to amend chapter 62 of the laws of 2003, amending the
  state finance law and other laws relating to authorizing and directing
  the state comptroller to loan money to certain funds and accounts,  in
  relation to the effectiveness thereof; to repeal certain provisions of
  the  labor  law  relating  thereto;  and  providing  for the repeal of
  certain provisions upon expiration thereof  (Part  O);  to  amend  the
  labor  law,  in  relation  to  the  minimum  wage and making technical
  corrections relating thereto (Part P); to amend the civil service law,
  in relation to the expiration of  paragraph  d  of  subdivision  4  of
  section  209  of  such  law  and the authority of certain public arbi-
  tration panels thereunder (Part Q); and to amend the racing,  pari-mu-
  tuel wagering and breeding law, in relation to the placement of casino
  gambling facilities and to amend the state finance law, in relation to
  establishing the casino revenue fund (Part R)

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2013-2014
state  fiscal  year.  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 a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1.  1. As used in this section:
  a. "APPR past non-compliance penalty" shall mean the sum of the annual
increases in apportionments withheld pursuant to section 1 of part A  of
chapter 57 of the laws of 2012 and subdivision 2 of this section for the
base year and each prior school year;
  b.  "base  year" shall mean the base year as defined in paragraph b of
subdivision 1 of section 3602 of the education law; and
  c. "current year" shall mean the current year as defined in  paragraph
a of subdivision 1 of section 3602 of the education law.

S. 2607--B                          4                         A. 3007--B

  2.  Notwithstanding  any  inconsistent  provision  of  law,  no school
district shall be eligible for an apportionment of general  support  for
public  schools  from the funds appropriated for the 2013-14 school year
and thereafter in excess  of  the  amount  apportioned  to  such  school
district  in  the  base  year  unless such school district has submitted
documentation that has been approved by the commissioner of education by
September 1 of the current year, demonstrating that it has fully  imple-
mented  the  standards and procedures for conducting annual professional
performance reviews of classroom teachers  and  building  principals  in
accordance  with the requirements of section 3012-c of the education law
and the commissioner of education's regulations.
  3. For the 2013-14 school year and  thereafter  the  apportionment  of
general  support  for public schools from the funds appropriated for the
2013-14 school year and thereafter shall be reduced  by  the  APPR  past
non-compliance  penalty. Such reduction shall not occur prior to April 1
of the current year.
  4. If any payments of ineligible amounts pursuant  to  subdivisions  2
and 3 of this section were made, and the school district has not submit-
ted  documentation  that has been approved by the commissioner of educa-
tion by September 1 of the current school year demonstrating that it has
fully implemented the standards and  procedures  for  conducting  annual
professional  performance  reviews  of  classroom  teachers and building
principals in accordance with the requirements of section 3012-c of  the
education  law and the regulations of the commissioner of education, the
total amount of such payments shall be deducted by the  commissioner  of
education  from future payments to the school district; provided further
that, if the amount of the deduction is greater  than  the  sum  of  the
amounts available for such deductions in the applicable school year, the
remainder  of the deduction shall be withheld from payments scheduled to
be made to the school district pursuant to section 3609-a of the  educa-
tion law for the subsequent school year.
  S  2.  Paragraph  e of subdivision 1 of section 211-d of the education
law, as amended by section 2 of part A of chapter  57  of  the  laws  of
2012, is amended to read as follows:
  e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
district that submitted a contract for excellence for the  two  thousand
eight--two  thousand nine school year shall submit a contract for excel-
lence for the  two  thousand  nine--two  thousand  ten  school  year  in
conformity  with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the  district  are
identified  as  in  good  standing  and  provided further that, a school
district that submitted a contract for excellence for the  two  thousand
nine--two  thousand  ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract  for  excel-
lence for the two thousand eleven--two thousand twelve school year which
shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the  expenditure
of  an  amount  which  shall  be not less than the product of the amount
approved by the commissioner in the contract for excellence for the  two
thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
district's gap elimination adjustment percentage  and  provided  further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in  the  district  are  identified  as  in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand  thir-
teen  school  year  which  shall,  notwithstanding  the  requirements of

S. 2607--B                          5                         A. 3007--B

subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
provide  for  the  expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract  for  excellence
for  the  two  thousand  eleven--two  thousand  twelve  school  year AND
PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A  CONTRACT  FOR
EXCELLENCE  FOR  THE  TWO  THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR, UNLESS ALL SCHOOLS IN THE  DISTRICT  ARE  IDENTIFIED  AS  IN  GOOD
STANDING,  SHALL  SUBMIT  A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING
THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION  TWO
OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE
NOT  LESS  THAN  THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT
FOR EXCELLENCE FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR.  For purposes of this paragraph, the "gap  elimination  adjustment
percentage"  shall be calculated as the sum of one minus the quotient of
the sum of the school district's net gap elimination adjustment for  two
thousand  ten--two  thousand  eleven computed pursuant to chapter fifty-
three of the laws of two thousand ten,  making  appropriations  for  the
support  of  government,  plus  the  school  district's  gap elimination
adjustment for two thousand  eleven--two  thousand  twelve  as  computed
pursuant  to  chapter  fifty-three  of  the laws of two thousand eleven,
making appropriations for the support of the  local  assistance  budget,
including support for general support for public schools, divided by the
total aid for adjustment computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the local assist-
ance  budget,  including support for general support for public schools.
Provided, further, that such amount shall be  expended  to  support  and
maintain  allowable programs and activities approved in the two thousand
nine--two thousand ten school year or to support new or expanded  allow-
able programs and activities in the current year.
  S  3. Subdivision 1 of section 753 of the education law, as amended by
section 4 of part A-1 of chapter 58 of the laws of 2011, is  amended  to
read as follows:
  1. In addition to any other apportionment under this chapter, a school
district  shall be eligible for an apportionment under the provisions of
this section for approved expenses for (i)  the  purchase  or  lease  of
micro  and/or  mini  computer  equipment  or terminals for instructional
purposes or (ii) technology equipment, as  defined  in  paragraph  c  of
subdivision  two  of  this  section, used for instructional purposes, or
(iii) for the repair of such equipment and training and  staff  develop-
ment  for  instructional  purposes  as provided hereinafter, or (iv) for
expenses incurred on or after July first, two thousand eleven, any items
of expenditure that  are  eligible  for  an  apportionment  pursuant  to
sections  seven  hundred  one, seven hundred eleven and/or seven hundred
fifty-one of this title, where such items are designated by  the  school
district  as eligible for aid pursuant to this section, provided, howev-
er, that if aided pursuant to this section, such expenses shall  not  be
aidable pursuant to any other section of law. Such aid shall be provided
pursuant  to  a plan developed by the district which demonstrates to the
satisfaction of the commissioner that the instructional  computer  hard-
ware needs of the district's public school students have been adequately
met  and  that the school district has provided for the loan of instruc-
tional computer hardware to students legally attending nonpublic schools
pursuant to section seven hundred  fifty-four  of  this  article.    The
apportionment  shall  equal  the  lesser of such approved expense in the
base year or, the product of (i) the technology factor, (ii) the sum  of

S. 2607--B                          6                         A. 3007--B

the  public  school district enrollment and the nonpublic school enroll-
ment in the base year as defined in subparagraphs two and three of para-
graph n of subdivision one of section thirty-six  hundred  two  of  this
chapter,  and  (iii)  the  building aid ratio, as defined in subdivision
four of section thirty-six hundred two of this  chapter.    AID  PAYABLE
PURSUANT TO THIS SECTION SHALL BE DEEMED FINAL AND NOT SUBJECT TO CHANGE
AFTER  APRIL THIRTIETH OF THE SCHOOL YEAR FOR WHICH PAYMENT WAS DUE. For
aid payable in the two thousand seven--two thousand  eight  school  year
and  thereafter,  the technology factor shall be twenty-four dollars and
twenty cents. A school district may use up  to  twenty  percent  of  the
product  of (i) the technology factor, (ii) the sum of the public school
district enrollment and the nonpublic school enrollment in the base year
as defined in subparagraphs two and three of paragraph n of  subdivision
one  of  section  thirty-six  hundred two of this chapter, and (iii) the
building aid ratio for the repair of instructional computer hardware and
technology equipment and training and  staff  development  for  instruc-
tional purposes pursuant to a plan submitted to the commissioner.
  S 4. Subdivision 2 of section 2116-b of the education law, as added by
chapter 263 of the laws of 2005, is amended to read as follows:
  2. School districts of less than eight teachers, school districts with
actual general fund expenditures totaling less than five million dollars
in  the previous school year, or school districts with actual enrollment
of less than [three hundred]  ONE  THOUSAND  students  in  the  previous
school  year  shall be exempt from this requirement. Any school district
claiming such exemption shall annually certify to the commissioner  that
such  school  district meets the requirements set forth in this subdivi-
sion.
  S 5. Paragraph (a) of subdivision 1 of section 2856 of  the  education
law,  as  amended  by  section 21 of part A of chapter 58 of the laws of
2011, is amended to read as follows:
  (a) The enrollment of students  attending  charter  schools  shall  be
included  in  the enrollment, attendance, membership and, if applicable,
count of students with disabilities of the school district in which  the
pupil  resides.  The  charter  school  shall report all such data to the
school districts of residence in a timely manner. Each  school  district
shall  report  such  enrollment,  attendance  and count of students with
disabilities to the department. The school district of  residence  shall
pay  directly  to  the  charter  school for each student enrolled in the
charter school who resides in the school  district  the  charter  school
basic tuition, which shall be:
  (i)  for school years prior to the two thousand nine--two thousand ten
school year and for school years following the [two thousand twelve--two
thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND  FOURTEEN  school
year,  an  amount  equal to one hundred percent of the amount calculated
pursuant to paragraph f of subdivision one of section thirty-six hundred
two of this chapter for the school district for the year  prior  to  the
base year increased by the percentage change in the state total approved
operating  expense calculated pursuant to paragraph t of subdivision one
of section thirty-six hundred two of this chapter from two  years  prior
to the base year to the base year;
  (ii)  for  the  two  thousand  nine--two thousand ten school year, the
charter school basic  tuition  shall  be  the  amount  payable  by  such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii) for the two thousand ten--two thousand eleven through [two thou-
sand  twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND

S. 2607--B                          7                         A. 3007--B

FOURTEEN school years, the charter school basic  tuition  shall  be  the
basic  tuition  computed  for  the two thousand ten--two thousand eleven
school year pursuant to the provisions of subparagraph (i) of this para-
graph.
  S  6.  Paragraph (a) of subdivision 1 of section 2856 of the education
law, as amended by section 22 of part A of chapter 58  of  the  laws  of
2011, is amended to read as follows:
  (a)  The  enrollment  of  students  attending charter schools shall be
included in the enrollment, attendance  and,  if  applicable,  count  of
students  with  disabilities  of  the school district in which the pupil
resides. The charter school shall report all such  data  to  the  school
districts  of  residence  in a timely manner. Each school district shall
report such enrollment, attendance and count of students with  disabili-
ties  to  the  department.  The  school  district of residence shall pay
directly to the charter school for each student enrolled in the  charter
school  who  resides  in  the  school  district the charter school basic
tuition which shall be:
  (i) for school years prior to the two thousand nine--two thousand  ten
school year and for school years following the [two thousand twelve--two
thousand  thirteen]  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school
year, an amount equal to one hundred percent of  the  amount  calculated
pursuant to paragraph f of subdivision one of section thirty-six hundred
two  of  this  chapter for the school district for the year prior to the
base year increased by the percentage change in the state total approved
operating expense calculated pursuant to paragraph t of subdivision  one
of  section  thirty-six hundred two of this chapter from two years prior
to the base year to the base year;
  (ii) for the two thousand nine--two  thousand  ten  school  year,  the
charter  school  basic  tuition  shall  be  the  amount  payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii) for the two thousand ten--two thousand eleven through [two thou-
sand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO  THOUSAND
FOURTEEN  school  years,  the  charter school basic tuition shall be the
basic tuition computed for the two  thousand  ten--two  thousand  eleven
school year pursuant to the provisions of subparagraph (i) of this para-
graph.
  S  7.  Subdivision 2 of section 3012-c of the education law is amended
by adding a new paragraph l to read as follows:
  L. (1) NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, IF A SCHOOL DISTRICT IN  A  CITY  WITH  A  POPULATION  OF  ONE
MILLION  OR MORE DOES NOT HAVE AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW
PLAN APPROVED BY THE COMMISSIONER OR DETERMINED PURSUANT TO  THIS  PARA-
GRAPH  IN PLACE ON OR BEFORE THE WEDNESDAY FOLLOWING THE FIRST FRIDAY IN
MAY, SUCH SCHOOL DISTRICT AND THE COLLECTIVE BARGAINING  REPRESENTATIVES
REPRESENTING  CLASSROOM  TEACHERS  OR  BUILDING  PRINCIPALS SHALL SUBMIT
WRITTEN EXPLANATIONS OF THEIR RESPECTIVE POSITIONS REGARDING SUCH ISSUES
TO THE COMMISSIONER BY SUCH DATE.
  (2) IF SUCH SCHOOL DISTRICT  DOES  NOT  HAVE  AN  ANNUAL  PROFESSIONAL
PERFORMANCE  REVIEW  PLAN  APPROVED  BY  THE  COMMISSIONER OR DETERMINED
PURSUANT TO THIS PARAGRAPH IN PLACE ON OR BEFORE THE WEDNESDAY PRECEDING
THE LAST FRIDAY IN MAY, THE COMMISSIONER SHALL  ARBITRATE  SUCH  DISPUTE
AND  SHALL  HOLD  NO MORE THAN TWO DAYS OF HEARINGS ON THE STANDARDS AND
PROCEDURES NECESSARY TO IMPLEMENT  AN  ANNUAL  PROFESSIONAL  PERFORMANCE
REVIEW PLAN PURSUANT TO THIS SECTION. THE PARTIES MAY BE HEARD EITHER IN
PERSON,  BY  COUNSEL,  OR BY SUCH REPRESENTATIVES AS THEY MAY DESIGNATE.

S. 2607--B                          8                         A. 3007--B

THE PARTIES MAY PRESENT, ORALLY  OR  IN  WRITING,  STATEMENTS  OF  FACT,
SUPPORTING WITNESSES AND OTHER EVIDENCE, AND ARGUMENTS. THE COMMISSIONER
MAY  REQUIRE THE PRODUCTION OF SUCH ADDITIONAL EVIDENCE FROM THE PARTIES
AND  SHALL  PROVIDE,  AT  THE  REQUEST  OF EITHER PARTY, THAT A FULL AND
COMPLETE RECORD BE KEPT OF ANY SUCH HEARINGS, THE COST OF SUCH RECORD TO
BE SHARED EQUALLY BY THE PARTIES.
  (3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
THE  CONTRARY, AFTER SUCH HEARING, THE COMMISSIONER SHALL RENDER A FINAL
AND BINDING WRITTEN DETERMINATION ON OR BEFORE JUNE  FIRST,  PRESCRIBING
SUCH  STANDARDS  AND PROCEDURES NECESSARY TO IMPLEMENT AN ANNUAL PROFES-
SIONAL PERFORMANCE REVIEW PLAN PURSUANT TO THIS  SECTION  EFFECTIVE  FOR
THE FOLLOWING SCHOOL YEAR FOR A TERM TO BE DETERMINED BY THE COMMISSION-
ER.    SUCH  DETERMINATION  SHALL BE LIMITED TO THE REQUIREMENTS OF THIS
SECTION.  THE COMMISSIONER SHALL SPECIFY IN HIS OR HER DETERMINATION THE
BASIS FOR HIS OR HER FINDINGS, TAKING INTO  CONSIDERATION  ALL  RELEVANT
FACTORS,  INCLUDING  THE  BEST  INTEREST OF STUDENTS. SUCH DETERMINATION
SHALL BE DEEMED TO CONSTITUTE THE SUBMISSION BY SUCH SCHOOL DISTRICT  OF
DOCUMENTATION  DEMONSTRATING THAT IT HAS FULLY IMPLEMENTED THE STANDARDS
AND PROCEDURES FOR CONDUCTING ANNUAL PROFESSIONAL PERFORMANCE REVIEWS OF
CLASSROOM TEACHERS  AND  BUILDING  PRINCIPALS  IN  ACCORDANCE  WITH  THE
REQUIREMENTS   OF  THIS  SECTION  AND  FINAL  APPROVAL  OF  SUCH  SCHOOL
DISTRICT'S ANNUAL PROFESSIONAL PERFORMANCE  REVIEW  PLAN  IN  ACCORDANCE
WITH PARAGRAPH K OF THIS SUBDIVISION.
  (4)  NO LATER THAN TEN DAYS AFTER RECEIPT OF THE COMMISSIONER'S DETER-
MINATION, THE PARTIES MAY MAKE AN APPLICATION  TO  THE  NEW  YORK  STATE
SUPREME  COURT TO VACATE OR MODIFY THE DETERMINATION OF THE COMMISSIONER
PURSUANT TO SECTION SEVENTY-FIVE HUNDRED ELEVEN OF  THE  CIVIL  PRACTICE
LAW  AND  RULES.  THE COURT'S REVIEW SHALL BE LIMITED TO THE GROUNDS SET
FORTH IN SUCH SECTION. THE COMMISSIONER'S DETERMINATION SHALL BE  DEEMED
TO  BE  FINAL  FOR  THE PURPOSE OF SUCH PROCEEDING. IN NO CASE SHALL THE
FILING OR THE PENDENCY OF AN APPEAL  DELAY  THE  IMPLEMENTATION  OF  THE
COMMISSIONER'S DETERMINATION.
  S  8.  The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 27 of part A of chapter 58  of  the
laws of 2011, is amended to read as follows:
  For the two thousand eight--two thousand nine school year, each school
district  shall  be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment  computed  pursuant  to
this  subdivision  for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten through  two  thousand
[twelve]  FOURTEEN--two  thousand  [thirteen] FIFTEEN school years, each
school district shall be entitled  to  an  apportionment  equal  to  the
amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
computer  listing  produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten  school  year  and  entitled
"SA0910".
  S 9. Subdivision 9 of section 3602 of the education law, as amended by
section  16  of  part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  9. Aid for conversion to full day kindergarten. School  districts  may
make  available  full day kindergarten programs for all children wishing
to attend such programs[,].  For aid payable in the two thousand  seven-
-two  thousand  eight school year and thereafter, school districts which
provided any half-day  kindergarten  programs  or  had  no  kindergarten
programs  in  the  nineteen hundred ninety-six--ninety-seven school year

S. 2607--B                          9                         A. 3007--B

and in the base year, AND  WHICH  HAVE  NOT  RECEIVED  AN  APPORTIONMENT
PURSUANT  TO  THIS PARAGRAPH IN ANY PRIOR SCHOOL YEAR, shall be eligible
for aid equal to the product of the district's selected  foundation  aid
calculated  pursuant  to  subdivision four of this section multiplied by
the positive difference resulting when the full day kindergarten enroll-
ment of children attending programs in the district in the base year  is
subtracted from such enrollment in the current year.
  S  10. Subdivision 12 of section 3602 of the education law, as amended
by section 35 of part A of chapter 58 of the laws of 2011, is amended to
read as follows:
  12. Academic enhancement aid. A school district that as of April first
of the base year has been continuously identified as a district in  need
of  improvement  for  at  least  five  years shall, for the two thousand
eight--two thousand nine school  year,  be  entitled  to  an  additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of  fifteen  million  dollars or the product of the total foundation aid
base, as defined by paragraph j of  subdivision  one  of  this  section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the  sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six  hundred
forty-one of this article, less (ii) the total foundation aid base.
  For  the  two  thousand  nine--two  thousand  ten through two thousand
[twelve] FOURTEEN--two thousand [thirteen] FIFTEEN  school  years,  each
school  district  shall  be  entitled  to  an apportionment equal to the
amount set forth for such school district as "EDUCATION GRANTS, ACADEMIC
EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid comput-
er listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and  entitled  "SA0910",
and  such  apportionment shall be deemed to satisfy the state obligation
to provide an apportionment pursuant to  subdivision  eight  of  section
thirty-six hundred forty-one of this article.
  S  11. Subdivision 16 of section 3602 of the education law, as amended
by section 18 of part B of chapter 57 of the laws of 2008,  the  opening
paragraph  as  amended by section 36 of part A of chapter 58 of the laws
of 2011, subparagraph 1 of paragraph a as further amended by  section  1
of  part  W  of  chapter  56  of the laws of 2010, is amended to read as
follows:
  16. High tax aid.  Each school district shall be eligible to receive a
high tax aid apportionment in the  two  thousand  [eight]  THIRTEEN--two
thousand  [nine]  FOURTEEN school year, which shall equal the greater of
(i) the sum of the tier 1 high tax aid apportionment[,] AND the  tier  2
high  tax  aid apportionment [and the tier 3 high tax aid apportionment]
or (ii) the  product  of  the  [apportionment  received  by  the  school
district  pursuant  to  this  subdivision in the two thousand seven--two
thousand eight school year,] AMOUNT SET FORTH FOR SUCH  SCHOOL  DISTRICT
AS  "HIGH  TAX  AID"  UNDER  THE HEADING "2012-13 ESTIMATED AIDS" IN THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT  OF
THE  BUDGET  FOR  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR AND ENTITLED "SA121-3" multiplied by the due-minimum factor,  which
shall equal, for districts with an alternate pupil wealth ratio computed
pursuant  to  paragraph  b  of subdivision three of this section that is
less than [two] ONE, [seventy] FIFTY percent [(0.70)]  (0.50),  and  for
all  other  districts,  [fifty]  THIRTY percent [(0.50)] (0.30).   [Each
school district shall be eligible to receive a high tax  aid  apportion-
ment  in  the  two  thousand nine--two thousand ten through two thousand

S. 2607--B                         10                         A. 3007--B

twelve--two thousand thirteen school years in the amount set  forth  for
such  school  district as "HIGH TAX AID" under the heading "2008-09 BASE
YEAR AIDS" in the school aid computer listing produced  by  the  commis-
sioner  in support of the budget for the two thousand nine--two thousand
ten school year and entitled "SA0910".]
  IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND  FIFTEEN  SCHOOL  YEAR  AND
THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A HIGH TAX
AID  APPORTIONMENT  IN  THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
"HIGH TAX AID" UNDER THE HEADING "2013-14 ESTIMATED AIDS" IN THE  SCHOOL
AID  COMPUTER  LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE
EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE  TWO  THOUSAND  THIRTEEN--TWO
THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "BT131-4".
  a.  Definitions.  (1)  "Residential real property tax levy" shall mean
the school tax levy imposed on residential property, including condomin-
ium properties, in the year commencing in the calendar  year  two  years
prior  to  the  calendar  year  in  which the base year began. The final
update of such data shall be reported by the  commissioner  of  taxation
and  finance to the commissioner by February fifteenth of the base year.
The commissioner of taxation and  finance  shall  adopt  regulations  as
appropriate  to  assure  the  appropriate collection, classification and
reporting of such data for the purposes  of  paying  state  aid  to  the
schools.
  (2)  "Adjusted gross income" shall mean the adjusted gross income of a
school district as used in computation of the district's alternate pupil
wealth ratio pursuant to  paragraph  b  of  subdivision  three  of  this
section,  provided,  however, that for the computation of apportionments
pursuant to this subdivision, the adjusted gross  income  of  a  central
high  school  district  shall  not  equal  the sum of the adjusted gross
income of each of its component school districts.
  (3) "Tax effort ratio" shall mean the quotient of the district's resi-
dential real property tax levy divided by the district's adjusted  gross
income computed to five decimals without rounding.
  (4)  "Tier  1 eligible school district" shall mean any school district
in which (i) the income wealth index, as computed pursuant to  paragraph
d  of subdivision three of this section, is less than [two and one-half]
NINE HUNDRED AND FIFTY-FIVE THOUSANDTHS (.955), and (ii) the expense per
pupil, as computed pursuant to paragraph f of subdivision  one  of  this
section,  is  greater than NINETY-FIVE AND FIVE-TENTHS PERCENT (.955) OF
the statewide average expense per pupil as computed pursuant to subdivi-
sion five of this section, and (iii) the tax  effort  ratio  is  greater
than [three and two-tenths percent (0.032)] FOUR AND FIVE-TENTHS PERCENT
(.045).    For  the [two thousand eight--two thousand nine] TWO THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN school year, for the purpose of  comput-
ing  aid pursuant to this subdivision, the statewide average expense per
pupil shall be [ten thousand six hundred fifty dollars] TWELVE  THOUSAND
FIVE HUNDRED DOLLARS.
  (5)  "Tier  2 eligible school district" shall mean any school district
in which the tax effort ratio  is  greater  than  five  AND  FIVE-TENTHS
percent (.055).
  [(6)  "Tier 3 eligible school district" shall mean any school district
in which (i) the quotient of (a) the  actual  valuation  of  the  school
district  divided  by  its total wealth pupil units computed pursuant to
subparagraph one of paragraph a of subdivision three  of  this  section,
divided by (b) the adjusted gross income of a school district divided by
its  total  wealth  pupil units computed pursuant to subparagraph one of
paragraph b of subdivision three of this section, is greater  than  four

S. 2607--B                         11                         A. 3007--B

and sixty-two hundredths (4.62), (ii) the combined wealth ratio computed
pursuant to subparagraph one of paragraph c of subdivision three of this
section  is  less than six, and (iii) the regional cost index determined
pursuant  to subparagraph two of paragraph a of subdivision four of this
section is greater than one and three-tenths (1.3).]
  b. Tier 1 high tax aid apportionment. For any tier 1  eligible  school
district, the tier 1 high tax aid apportionment shall be [the greater of
(1)]  the  product  of  the  public  school  district  enrollment of the
district in the base year, as computed pursuant to subparagraph  two  of
paragraph  n of subdivision one of this section, multiplied by the prod-
uct of four hundred [fifty] SEVENTY-FIVE dollars multiplied by the state
sharing ratio[, or (2) one hundred thousand dollars]  COMPUTED  PURSUANT
TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION.
  c.  Tier  2 high tax aid apportionment. For any tier 2 eligible school
district, the tier 2 high tax aid apportionment shall be the product  of
(i)  the  public  school district enrollment of the district in the base
year, as computed pursuant to subparagraph two of paragraph n of  subdi-
vision  one of this section, multiplied by (ii) one hundred [eighty-one]
NINETY-FIVE thousandths [(0.181)] (0.195) multiplied by (iii) the  posi-
tive  difference, if any, of the expense per pupil, as computed pursuant
to paragraph f of subdivision one of this section,  less  [ten  thousand
six  hundred  sixty]  THIRTEEN THOUSAND ONE HUNDRED TWENTY-FIVE dollars,
multiplied by (iv) an aid ratio computed by  subtracting  from  one  AND
THIRTY-SEVEN  HUNDREDTHS  (1.37) the product obtained by multiplying the
alternate pupil wealth ratio computed pursuant to  subparagraph  one  of
paragraph  b of subdivision three of this section by [sixty percent] ONE
AND TWENTY-THREE HUNDREDTHS (1.23), provided,  however,  that  such  aid
ratio  shall  not  be less than zero nor greater than one, multiplied by
(v) the regional cost index COMPUTED PURSUANT  TO  SUBPARAGRAPH  TWO  OF
PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION.
  [d.  Tier 3 high tax aid apportionment. For any tier 3 eligible school
district, the tier 3 high tax aid apportionment shall be the product  of
(i)  the  public  school district enrollment of the district in the base
year, as computed pursuant to subparagraph two of paragraph n of  subdi-
vision one of this section, multiplied by (ii) fifty-two dollars, multi-
plied by (iii) the regional cost index.]
  S 12. Paragraph (e) of subdivision 17 of section 3602 of the education
law,  as added by section 6 of part A of chapter 57 of the laws of 2012,
is amended and a new paragraph f is added to read as follows:
  [(e)] E. The gap elimination adjustment restoration amount for the two
thousand thirteen--two thousand  fourteen  school  year  and  thereafter
[shall  equal  the  product  of  the gap elimination percentage for such
district and  the  gap  elimination  adjustment  restoration  allocation
established  pursuant  to subdivision eighteen of this section] SHALL BE
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECU-
TIVE  BUDGET  REQUEST  SUBMITTED  FOR  THE 2013-14 STATE FISCAL YEAR AND
ENTITLED "BT131-4" AND SHALL EQUAL THE SUM OF (I) THE GREATER OF:
  (A) THE PRODUCT OF (1) THE PRODUCT OF THE  EXTRAORDINARY  NEEDS  INDEX
MULTIPLIED  BY  TWO HUNDRED TEN DOLLARS AND TWENTY CENTS COMPUTED TO TWO
DECIMAL PLACES WITHOUT ROUNDING, MULTIPLIED BY  (2)  THE  STATE  SHARING
RATIO  COMPUTED  PURSUANT  TO  PARAGRAPH  G OF SUBDIVISION THREE OF THIS
SECTION MULTIPLIED BY (3) THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR  THE
BASE  YEAR,  CALCULATED  PURSUANT  TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION, WHERE  THE  EXTRAORDINARY  NEEDS  INDEX
SHALL  BE  THE  QUOTIENT  OF  THE  EXTRAORDINARY  NEEDS  PERCENT FOR THE

S. 2607--B                         12                         A. 3007--B

DISTRICT COMPUTED PURSUANT TO PARAGRAPH W OF  SUBDIVISION  ONE  OF  THIS
SECTION DIVIDED BY FIVE HUNDRED THIRTY-FOUR ONE-THOUSANDTHS (.534); OR
  (B)  THE  PRODUCT OF FORTY PERCENT (0.40) MULTIPLIED BY THE GAP ELIMI-
NATION ADJUSTMENT RESTORATION FOR THE TWO THOUSAND TWELVE--TWO  THOUSAND
THIRTEEN  SCHOOL  YEAR COMPUTED PURSUANT TO PARAGRAPH D OF THIS SUBDIVI-
SION AND (II) THE PRODUCT OF (1) THE POSITIVE DIFFERENCE, IF ANY, OF ONE
AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MINUS THE PRODUCT OF THE COMBINED
WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE  OF  PARAGRAPH  C  OF
SUBDIVISION  THREE  OF  THIS  SECTION MULTIPLIED BY ONE AND TWENTY-THREE
HUNDREDTHS (1.23), MULTIPLIED BY (2) THE PUBLIC SCHOOL DISTRICT  ENROLL-
MENT FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARA-
GRAPH  N  OF  SUBDIVISION  ONE  OF THIS SECTION, MULTIPLIED BY (3) FIFTY
DOLLARS; BUT SHALL BE NO GREATER  THAN  THE  PRODUCT  OF  FORTY-ONE  AND
FIVE-TENTHS  PERCENT  (0.415) AND THE GAP ELIMINATION ADJUSTMENT FOR THE
TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR FOR THE DISTRICT.
  F. THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOU-
SAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL  YEAR  AND  THEREAFTER  SHALL
EQUAL  THE  PRODUCT  OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT
AND THE GAP ELIMINATION ADJUSTMENT  RESTORATION  ALLOCATION  ESTABLISHED
PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
  S  13.  Paragraph  a of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended  to  read
as follows:
  a. State aid adjustments. All errors or omissions in the apportionment
shall  be  corrected by the commissioner. Whenever a school district has
been apportioned less money than that  to  which  it  is  entitled,  the
commissioner may allot to such district the balance to which it is enti-
tled.  Whenever  a  school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order,  direct
such  moneys  to be paid back to the state to be credited to the general
fund local assistance account for state  aid  to  the  schools,  or  may
deduct  such  amount  from  the  next  apportionment  to be made to said
district, provided, however, that, upon notification of excess  payments
of  aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that  such  excess
payments  be  recovered  by  deducting  such  excess  payments  from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that  there  shall  be  no
interest  penalty  assessed  against  such  district or collected by the
state. Such request shall be made to the commissioner in  such  form  as
the  commissioner  shall  prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund  expenditures  for  the  preceding  school
year.  The  amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is  recognized
as  a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's  unreserved
fund  balance at the close of the preceding school year less the product
of the district's total general  fund  expenditures  for  the  preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments.  The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to  be  recovered
or  one-third  of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year.  Provided  further
that,  notwithstanding  any  other  provisions  of this subdivision, any

S. 2607--B                         13                         A. 3007--B

pending payment of moneys due to such district as a prior  year  adjust-
ment  payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess  of
the  amount  to which the district is entitled and for which recovery of
excess payments is to be made  pursuant  to  this  paragraph,  shall  be
reduced  at  the  time  of  actual  payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled  deductions
of  such  excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered.  [The  commissioner
shall certify no payment to a school district based on a claim submitted
later  than three years after the close of the school year in which such
payment was first to be made.  For claims for which payment is first  to
be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based  on
a  claim  submitted  later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND  FOURTEEN-
-TWO  THOUSAND  FIFTEEN  school  year [and thereafter], the commissioner
shall certify no payment to a school district based on a claim submitted
later than one year after the close of such school year. FOR CLAIMS  FOR
WHICH  PAYMENT  IS  FIRST  TO  BE MADE IN THE TWO THOUSAND FOURTEEN--TWO
THOUSAND FIFTEEN SCHOOL YEAR  AND  THEREAFTER,  THE  COMMISSIONER  SHALL
CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER
THAN  THE  FIRST  OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no
payments shall be barred or reduced where such payment is required as  a
result  of  a  final  audit  of the state. [It is further provided that,
until June thirtieth, nineteen hundred ninety-six, the commissioner  may
grant  a  waiver  from  the  provisions  of  this section for any school
district if it is in the best  educational  interests  of  the  district
pursuant to guidelines developed by the commissioner and approved by the
director  of  the  budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN  HUNDRED  ELEVEN,
SEVEN  HUNDRED  FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, THIRTY-SIX HUNDRED
TWO, THIRTY-SIX HUNDRED  TWO-B,  THIRTY-SIX  HUNDRED  TWO-C,  THIRTY-SIX
HUNDRED TWO-E, THIRTY-SIX HUNDRED TWELVE, AND FORTY-FOUR HUNDRED FIVE OF
THIS  CHAPTER  FOR  THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND
PRIOR SCHOOL YEARS, THE COMMISSIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A
SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE  TWO
THOUSAND  THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED
"BT131-4", AND FURTHER PROVIDED THAT  FOR  ANY  APPORTIONMENTS  PROVIDED
PURSUANT  TO  SECTIONS  SEVEN  HUNDRED  ONE, SEVEN HUNDRED ELEVEN, SEVEN
HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE,  THIRTY-SIX  HUNDRED  TWO,
THIRTY-SIX  HUNDRED  TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED
TWO-E, THIRTY-SIX HUNDRED TWELVE, AND FORTY-FOUR HUNDRED  FIVE  OF  THIS
CHAPTER  FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR
AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT  TO  A  SCHOOL
DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN,
THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART,  IN
EXCESS  OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO
PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER  IN
SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL
YEAR IN WHICH THE SCHOOL YEAR COMMENCES.

S. 2607--B                         14                         A. 3007--B

  S 14. The opening paragraph of section 3609-a of the education law, as
amended by section 9 of part A of chapter 57 of the  laws  of  2012,  is
amended to read as follows:
  For  aid  payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH  THE  TWO  THOUSAND  TWELVE--TWO  THOUSAND
THIRTEEN  SCHOOL YEAR, "moneys apportioned" shall mean the lesser of (i)
the sum of one hundred percent of the respective amount  set  forth  for
each  school  district as payable pursuant to this section in the school
aid computer listing for the current year produced by  the  commissioner
in support of the budget which includes the appropriation for the gener-
al  support  for public schools for the prescribed payments and individ-
ualized payments due prior to April first for the current year plus  the
apportionment  payable during the current school year pursuant to subdi-
vision six-a and subdivision fifteen of section thirty-six  hundred  two
of  this  part  minus  any  reductions  to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any
deduction from  apportionment  payable  pursuant  to  this  chapter  for
collection  of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
vision  four  of section ninety-two-c of the state finance law, less any
grants provided pursuant to subdivision  twelve  of  section  thirty-six
hundred  forty-one of this article, or (ii) the apportionment calculated
by the commissioner based on data on file at the  time  the  payment  is
processed;  provided however, that for the purposes of any payments made
pursuant to this section prior to the first business day of June of  the
current  year,  moneys  apportioned  shall  not include any aids payable
pursuant to subdivisions six and fourteen,  if  applicable,  of  section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or  any  aids  payable  for  full-day  kindergarten for the current year
pursuant to subdivision nine of section thirty-six hundred two  of  this
part.  The definitions of "base year" and "current year" as set forth in
subdivision one of section thirty-six hundred two  of  this  part  shall
apply  to  this section. For aid payable in the two thousand twelve--two
thousand thirteen school year, reference to such  "school  aid  computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA121-3".  FOR AID PAYABLE IN THE TWO THOUSAND  THIRTEEN--TWO  THOUSAND
FOURTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE
LESSER  OF:  (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT
SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO  THIS  SECTION
IN  THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST  WHICH  INCLUDES
THE  APPROPRIATION  FOR  THE  GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE
PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST
FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING  THE  CURRENT
SCHOOL  YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS PART MINUS ANY  REDUCTIONS  TO  CURRENT  YEAR
AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF
THIS  PART  OR  ANY DEDUCTION FROM THE APPORTIONMENT PAYABLE PURSUANT TO
THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC  CONTRIBUTION  AS
DEFINED  IN  SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS
CHAPTER, LESS ANY GRANTS PROVIDED  PURSUANT  TO  SUBPARAGRAPH  TWO-A  OF
PARAGRAPH  B  OF  SUBDIVISION  FOUR OF SECTION NINETY-TWO-C OF THE STATE
FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE  OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPOR-

S. 2607--B                         15                         A. 3007--B

TIONMENT  CALCULATED  BY  THE  COMMISSIONER BASED ON DATA ON FILE AT THE
TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR  THE  PURPOSES
OF  ANY  PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSI-
NESS  DAY  OF  JUNE  OF  THE  CURRENT YEAR, MONEYS APPORTIONED SHALL NOT
INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND  FOURTEEN,  IF
APPLICABLE,  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT
YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS  FIRST
ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN
FOR  THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART. THE DEFINITIONS OF "BASE  YEAR"  AND  "CURRENT
YEAR"  AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO
OF THIS PART SHALL APPLY TO THIS SECTION.
  S 15. Paragraph b of subdivision 2 of section 3612  of  the  education
law,  as  amended  by  section 10 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any  shortage  of  teachers  in  the
school  district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity  and
geographic  sparsity  of  the  district,  the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section  shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing  any  other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any  recruitment,  retention  and  certification
costs  associated  with transitional certification of teacher candidates
for the school years two thousand one--two  thousand  two  through  [two
thousand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOU-
SAND FOURTEEN.
  S  16.  Section  3641  of the education law is amended by adding a new
subdivision 6-a to read as follows:
  6-A. COMMUNITY SCHOOL GRANTS.  A. WITHIN THE AMOUNT  APPROPRIATED  FOR
SUCH  PURPOSE, SUBJECT TO A PLAN DEVELOPED BY THE STATE COUNCIL ON CHIL-
DREN AND FAMILIES AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE  STATE
COUNCIL ON CHILDREN AND FAMILIES SHALL AWARD COMPETITIVE GRANTS PURSUANT
TO THIS SUBDIVISION TO ELIGIBLE SCHOOL DISTRICTS TO IMPLEMENT, BEGINNING
IN  THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, A PLAN
THAT TARGETS SCHOOL BUILDINGS AS COMMUNITY HUBS TO DELIVER CO-LOCATED OR
SCHOOL-LINKED ACADEMIC,  HEALTH,  NUTRITION,  COUNSELING,  LEGAL  AND/OR
OTHER SERVICES TO STUDENTS AND THEIR FAMILIES IN A MANNER THAT WILL LEAD
TO IMPROVED EDUCATIONAL AND OTHER OUTCOMES.
  (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
  (II)  THE  SCORING  RUBRIC  BY WHICH SUCH PROPOSALS WILL BE EVALUATED,
PROVIDED THAT SUCH GRANTS SHALL BE AWARDED BASED ON  FACTORS  INCLUDING,
BUT  NOT  LIMITED  TO: MEASURES OF SCHOOL DISTRICT NEED; MEASURES OF THE
NEED OF STUDENTS TO BE SERVED BY  EACH  OF  THE  SCHOOL  DISTRICTS;  THE
SCHOOL  DISTRICT'S  PROPOSAL  TO  TARGET  THE  HIGHEST  NEED SCHOOLS AND
STUDENTS; THE SUSTAINABILITY OF THE PROPOSED COMMUNITY SCHOOLS  PROGRAM;
AND PROPOSAL QUALITY;
  (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;

S. 2607--B                         16                         A. 3007--B

  (IV)  THE  MANNER BY WHICH CALCULATION OF THE AMOUNT OF THE AWARD WILL
BE DETERMINED;
  (V) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND
  (VI)  THE  PERFORMANCE  BENCHMARKS  THAT  WILL  TRIGGER PAYMENT OF SET
PERCENTAGES OF THE TOTAL AWARD.
  (2) IN ASSESSING PROPOSAL QUALITY, THE COUNCIL SHALL TAKE INTO ACCOUNT
FACTORS INCLUDING, BUT NOT LIMITED TO:
  (I) THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL  WOULD  PROVIDE
SUCH  COMMUNITY SERVICES THROUGH PARTNERSHIPS WITH LOCAL GOVERNMENTS AND
NON-PROFIT ORGANIZATIONS;
  (II) THE EXTENT TO WHICH THE PROPOSAL WOULD PROVIDE  FOR  DELIVERY  OF
SUCH SERVICES DIRECTLY IN SCHOOL BUILDINGS;
  (III)  THE  EXTENT TO WHICH THE PROPOSAL ARTICULATES HOW SUCH SERVICES
WOULD FACILITATE MEASURABLE IMPROVEMENT IN STUDENT AND FAMILY  OUTCOMES;
AND
  (IV)  THE  EXTENT TO WHICH THE PROPOSAL ARTICULATES AND IDENTIFIES HOW
EXISTING FUNDING STREAMS AND PROGRAMS WOULD  BE  USED  TO  PROVIDE  SUCH
COMMUNITY SERVICES.
  B.  A  RESPONSE  TO  A  REQUEST  FOR PROPOSALS ISSUED PURSUANT TO THIS
SUBDIVISION MAY BE SUBMITTED BY A SINGLE SCHOOL DISTRICT OR JOINTLY BY A
CONSORTIUM OF TWO OR MORE SCHOOL DISTRICTS.
  C. THE AMOUNT OF THE GRANT AWARD SHALL  BE  DETERMINED  BY  THE  STATE
COUNCIL  ON  CHILDREN  AND  FAMILIES, CONSISTENT WITH THE PLAN DEVELOPED
PURSUANT TO PARAGRAPH A OF  THIS  SUBDIVISION,  EXCEPT  THAT  NO  SINGLE
DISTRICT  MAY  BE AWARDED MORE THAN FORTY PERCENT OF THE TOTAL AMOUNT OF
GRANT AWARDS MADE PURSUANT TO THIS  SUBDIVISION;  AND  PROVIDED  FURTHER
THAT  THE MAXIMUM AWARD TO ANY INDIVIDUAL COMMUNITY SCHOOL SITE SHALL BE
FIVE HUNDRED THOUSAND DOLLARS; AND  PROVIDED  FURTHER  THAT  THE  AMOUNT
AWARDED  WILL  BE PAID OUT IN SET PERCENTAGES OVER TIME UPON ACHIEVEMENT
OF THE PERFORMANCE BENCHMARKS DESCRIBED IN THE PLAN SET  FORTH  PURSUANT
TO  PARAGRAPH  A  OF THIS SUBDIVISION; AND PROVIDED FURTHER THAT NONE OF
THE GRANTS AWARDED PURSUANT TO THIS SUBDIVISION MAY BE USED TO  SUPPLANT
EXISTING FUNDING.
  D.  NOTWITHSTANDING  ANY  STATE LAW OR REGULATION TO THE CONTRARY, ANY
EXECUTIVE AGENCY HEAD THAT IS A MEMBER OF THE STATE COUNCIL ON  CHILDREN
AND FAMILY SERVICES IS DIRECTED, TO THE EXTENT ALLOWED UNDER FEDERAL LAW
AND  REGULATION,  TO  PRIORITIZE  APPLICATIONS  THAT  CO-LOCATE  OR LINK
PROGRAMMING RELEVANT TO THE PROVISION OF SERVICES  IDENTIFIED  IN  PARA-
GRAPH A OF THIS SUBDIVISION.
  S  17.  Section  3641  of the education law is amended by adding a new
subdivision 6-b to read as follows:
  6-B. EXTENDED LEARNING GRANTS.  A. WITHIN THE AMOUNT APPROPRIATED  FOR
SUCH  PURPOSE,  SUBJECT  TO  A  PLAN THAT IS DEVELOPED BY A THREE-PERSON
PANEL COMPRISED OF THE COMMISSIONER, AN AGENCY  HEAD  APPOINTED  BY  THE
GOVERNOR,  AND  AN  EXPERT  IN  EXTENDED  LEARNING TIME APPOINTED BY THE
GOVERNOR, AND THAT IS APPROVED  BY  THE  DIRECTOR  OF  THE  BUDGET,  THE
COMMISSIONER  SHALL AWARD COMPETITIVE PLANNING AND IMPLEMENTATION GRANTS
PURSUANT TO THIS SUBDIVISION  TO  ELIGIBLE  SCHOOL  DISTRICTS  THAT  PUT
FORWARD  A PROPOSAL TO IMPROVE STUDENT OUTCOMES BY ADDING AT LEAST TWEN-
TY-FIVE PERCENT MORE TIME TO THE  ACADEMIC  CALENDAR  BY  EXTENDING  THE
SCHOOL   DAY,   SCHOOL   YEAR,   OR  SOME  COMBINATION  THEREOF,  EITHER
DISTRICT-WIDE OR IN SELECTED SCHOOL BUILDINGS.
  (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
  (II) THE SCORING RUBRIC BY WHICH SUCH  PROPOSALS  WILL  BE  EVALUATED,
PROVIDED  THAT  PRIORITY  SHALL  BE  GIVEN  TO APPLICANTS BASED UPON THE

S. 2607--B                         17                         A. 3007--B

SCHOOL DISTRICT'S PROPOSAL TO TARGET THE SCHOOLS AND STUDENTS  WITH  THE
GREATEST NEED AND UPON PROPOSAL QUALITY;
  (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;
  (IV) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND
  (V)  A  REQUIREMENT  THAT  SCHOOL  DISTRICTS AWARDED GRANTS UNDER THIS
SUBDIVISION SUBMIT TO AN ANNUAL EVALUATION OF PERFORMANCE AND IMPACT  AS
REQUIRED BY THE COMMISSIONER.
  (2)  IN  ASSESSING  PROPOSAL  QUALITY IN ORDER TO AWARD IMPLEMENTATION
GRANT FUNDING, THE COMMISSIONER SHALL TAKE INTO ACCOUNT FACTORS  INCLUD-
ING, BUT NOT LIMITED TO:
  (I)  THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL WOULD MAXIMIZE
THE USE OF THE ADDITIONAL LEARNING TIME THROUGH A COMPREHENSIVE RESTRUC-
TURING OF THE SCHOOL DAY AND/OR YEAR; AND
  (II) HOW THE ADDITIONAL LEARNING TIME WOULD BE UTILIZED, INCLUDING BUT
NOT LIMITED TO ADDITIONAL TIME SPENT ON CORE ACADEMICS.
  B. A SCHOOL DISTRICT'S SCHOOL-WIDE  EXTENDED  LEARNING  IMPLEMENTATION
GRANT  AWARD SHALL EQUAL ITS AVERAGE DAILY ATTENDANCE IN THE SCHOOL-WIDE
EXTENDED LEARNING PROGRAM MULTIPLIED BY THE EXPECTED COST PER  PUPIL  OF
THE  ADDITIONAL  LEARNING  TIME.  FOR  PURPOSES OF THIS SUBDIVISION, THE
EXPECTED COST PER PUPIL OF THE ADDITIONAL LEARNING TIME SHALL EQUAL  THE
GREATER OF FIFTEEN HUNDRED DOLLARS OR (1) THE QUOTIENT OF (I) THE SCHOOL
DISTRICT'S  APPROVED OPERATING EXPENSE PURSUANT TO PARAGRAPH T OF SUBDI-
VISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  ARTICLE  FOR  THE
YEAR PRIOR TO THE BASE YEAR DIVIDED BY (II) THE DISTRICT'S PUBLIC SCHOOL
DISTRICT  ENROLLMENT PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUCH
SUBDIVISION FOR THE YEAR PRIOR TO THE BASE YEAR MULTIPLIED  BY  (2)  TEN
PERCENT (0.10), MULTIPLIED BY (3) THE QUOTIENT OF (I) THE AVERAGE OF THE
NATIONAL  CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPART-
MENT OF LABOR FOR THE TWELVE MONTH PERIOD PRECEDING JANUARY FIRST OF THE
BASE YEAR, DIVIDED BY (II) THE AVERAGE OF THE  NATIONAL  CONSUMER  PRICE
INDEXES  DETERMINED  BY  THE  UNITED  STATES DEPARTMENT OF LABOR FOR THE
TWELVE MONTH PERIOD PRECEDING JANUARY FIRST OF THE YEAR TWO YEARS  PRIOR
TO THE BASE YEAR.
  C.  IN  EXTRAORDINARY  CASES,  THE COMMISSIONER MAY AWARD A GRANT THAT
EXCEEDS THE PER PUPIL LIMIT CALCULATED PURSUANT TO PARAGRAPH B  OF  THIS
SUBDIVISION.
  D.  NO  DISTRICT  SHALL  RECEIVE A GRANT IN EXCESS OF THE TOTAL ACTUAL
GRANT EXPENDITURES INCURRED BY THE  DISTRICT  IN  THE  CURRENT  YEAR  AS
APPROVED BY THE COMMISSIONER.
  E.  NO  SINGLE  DISTRICT MAY BE AWARDED MORE THAN FORTY PERCENT OF THE
TOTAL AMOUNT OF GRANT AWARDS MADE PURSUANT TO THIS SUBDIVISION.
  S 18. Paragraph b of subdivision 2 of section 4204  of  the  education
law,  as  amended by section 12-a of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  b. For the two thousand thirteen--two thousand  fourteen  school  year
and  thereafter,  the  costs  of tuition as defined in section forty-two
hundred eleven of  this  article,  INCLUDING  TUITION,  MAINTENANCE  AND
TRANSPORTATION  FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY AND
AUGUST, shall be a charge upon the current school district of  residence
of  any  such  child  subject  to  this article and the directors of the
institution shall bill such school district for such tuition costs on  a
quarterly  basis.  The  first  such  quarterly  payment  may be based on
projected  enrollment,  provided  that  subsequent  payments  shall   be
adjusted  to  reflect  actual  enrollment. The amount of tuition paid by
such school district shall be eligible for reimbursement by the state to
the extent provided in section forty-two hundred four-b of this article.

S. 2607--B                         18                         A. 3007--B

  S 19. Subdivision 4 of section 4204-b of the education law, as amended
by section 12-b of part A of chapter 57 of the laws of 2012, is  amended
to read as follows:
  4.  [The]  FOR  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR AND PRIOR SCHOOL  YEARS,  THE  state  shall  reimburse  the  school
district of which any such child is resident at the time of admission or
readmission  to  any  of  the  institutions  subject to this article for
tuition paid to the institution FOR THE TEN-MONTH SCHOOL  CALENDAR  FROM
SEPTEMBER  FIRST  THROUGH JUNE THIRTIETH in an amount equal to the posi-
tive difference between the  amount  of  such  tuition  and  the  school
district  basic  contribution.    IN  ACCORDANCE  WITH THE PROVISIONS OF
SECTION FORTY-FOUR HUNDRED EIGHT OF THIS TITLE,  FOR  THE  TWO  THOUSAND
THIRTEEN--TWO  THOUSAND  FOURTEEN  SCHOOL YEAR AND THEREAFTER, THE STATE
SHALL ALSO REIMBURSE THE CURRENT SCHOOL DISTRICT  OF  RESIDENCE  OF  ANY
CHILD  IN  ANY  OF THE INSTITUTIONS SUBJECT TO THIS ARTICLE FOR APPROVED
TUITION, MAINTENANCE AND TRANSPORTATION  PAID  TO  THE  INSTITUTION  FOR
ENROLLMENT  IN  SUMMER  SCHOOL  SPECIAL  EDUCATION  PROGRAMS IN JULY AND
AUGUST, IN AN AMOUNT EQUAL TO EIGHTY PERCENT  OF  THE  APPROVED  TUITION
RATE  PURSUANT  TO  SECTION FORTY-FOUR HUNDRED EIGHT OF THIS TITLE. Such
state reimbursement to the school district shall not be  paid  prior  to
April  first  of the school year in which such tuition costs are paid by
the school district. The tuition incurred through December  thirty-first
of  such  school year, INCLUDING TUITION, MAINTENANCE AND TRANSPORTATION
FOR SUMMER SCHOOL PROGRAMS  IN  JULY  AND  AUGUST  PURSUANT  TO  SECTION
FORTY-FOUR  HUNDRED  EIGHT OF THIS TITLE, shall be payable prior to June
thirtieth of such school year, provided that a claim is submitted on  or
before June first.
  S  20.  Paragraph  b of subdivision 2 of section 4207 of the education
law, as amended by section 12-c of part A of chapter 57 of the  laws  of
2012, is amended to read as follows:
  b.  For  the  two thousand thirteen--two thousand fourteen school year
and thereafter, the costs of tuition as  defined  in  section  forty-two
hundred  eleven  of  this  article,  INCLUDING  TUITION, MAINTENANCE AND
TRANSPORTATION FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY  AND
AUGUST,  shall be a charge upon the current school district of residence
of any such child subject to this  article  and  the  directors  of  the
institution  shall bill such school district for such tuition costs on a
quarterly basis. The first  such  quarterly  payment  may  be  based  on
projected   enrollment,  provided  that  subsequent  payments  shall  be
adjusted to reflect actual enrollment. The amount  of  tuition  paid  by
such  school district, INCLUDING TUITION, MAINTENANCE AND TRANSPORTATION
FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY AND  AUGUST,  shall
be  eligible  for  reimbursement  by the state to the extent provided in
section forty-two hundred four-b of this article.
  S 21. Subdivision 6 of section 4402 of the education law,  as  amended
by section 12 of part A of chapter 57 of the laws of 2012, is amended to
read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-

S. 2607--B                         19                         A. 3007--B

tion shall, during the school years nineteen hundred  ninety-five--nine-
ty-six  through  June thirtieth, two thousand [thirteen] FOURTEEN of the
[two thousand twelve--two thousand thirteen] TWO THOUSAND  THIRTEEN--TWO
THOUSAND  FOURTEEN school year, be authorized to increase class sizes in
special classes containing students with disabilities whose  age  ranges
are  equivalent  to those of students in middle and secondary schools as
defined by the commissioner for purposes of this section by  up  to  but
not to exceed one and two tenths times the applicable maximum class size
specified  in  regulations of the commissioner rounded up to the nearest
whole number, provided that in a city school  district  having  a  popu-
lation of one million or more, classes that have a maximum class size of
fifteen  may  be increased by no more than one student and provided that
the projected average class size shall not exceed the maximum  specified
in  the  applicable  regulation,  provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization  shall  be
granted  upon  filing  of a notice by such a board of education with the
commissioner stating the board's intention to increase such class  sizes
and  a  certification  that the board will conduct a study of attendance
problems at the secondary level and will implement a  corrective  action
plan  to  increase the rate of attendance of students in such classes to
at least the rate for students attending regular  education  classes  in
secondary  schools of the district. Such corrective action plan shall be
submitted for approval by the commissioner by a date during  the  school
year  in  which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the  commissioner.  Upon  at  least
thirty  days  notice  to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to  termi-
nate  such  authorization  upon  a  finding that the board has failed to
develop or implement an approved corrective action plan.
  S 22. The education law is amended by adding a new section  4403-a  to
read as follows:
  S  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED  THEREUNDER,  FOR  A  SPECIFIC
SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
  2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
BY  THE  WAIVER  IF GRANTED.   SUCH NOTICE SHALL BE IN A FORM AND MANNER
THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL  RELATIONSHIP
WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,
AND  SHALL  INCLUDE  INFORMATION  ON  THE FORM, MANNER AND DATE BY WHICH
PARENTS MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIVER.  THE  LOCAL
SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCA-
TIONAL  SERVICES  SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND
PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS,  AND  SHALL
INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT
TO  SUBDIVISION  ONE  OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM
SUCH PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.

S. 2607--B                         20                         A. 3007--B

  3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
SECTION  FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE, UPON A FINDING THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
SPECIAL EDUCATION PROGRAM THAT IS  CONSISTENT  WITH  APPLICABLE  FEDERAL
REQUIREMENTS,  AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING  SUCH  DETERMI-
NATION,  THE  COMMISSIONER  SHALL  CONSIDER ANY COMMENTS RECEIVED BY THE
LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
  4.  ANY  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR  FOR
WHICH A WAIVER IS GRANTED.
  S  23.  Paragraph a of subdivision 10 of section 4410 of the education
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  FOR
THE  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND THERE-
AFTER, THE CITY OF NEW YORK  SHALL  BE  AUTHORIZED  TO  ESTABLISH  LOCAL
TUITION  RATES FOR APPROVED SERVICES OR PROGRAMS LOCATED WITHIN THE CITY
OF NEW YORK THROUGH A  COMPETITIVE  REQUEST  FOR  PROPOSALS  PROCESS  OR
OTHERWISE,  PROVIDED  THAT SUCH LOCAL TUITION RATES SHALL NOT EXCEED THE
TUITION RATES DETERMINED BY THE COMMISSIONER AND APPROVED BY THE  DIREC-
TOR  OF  THE  BUDGET PURSUANT TO SUBPARAGRAPHS (I) THROUGH (III) OF THIS
PARAGRAPH AND SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. THE LOCAL
TUITION RATES SO ESTABLISHED SHALL BE USED IN THE CONTRACTS WITH PROVID-
ERS PROVIDING SERVICES OR PROGRAMS WITHIN THE CITY OF NEW YORK  PURSUANT
TO  THIS  SECTION  FOR  THE PROVISION OF PROGRAMS AND SERVICES FOR WHICH
SUCH RATES WERE ESTABLISHED. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SECTION TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE  RESPONSIBLE  FOR
ARRANGING  FOR AND SELECTING THE APPROVED PROGRAM AND/OR RELATED SERVICE
PROVIDER THROUGH THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS OR  OTHER-
WISE TO DELIVER THE PROGRAMS OR SERVICES CONSISTENT WITH THE INDIVIDUAL-
IZED  EDUCATION PROGRAM OF THE PRESCHOOL CHILD.  PROVIDED, HOWEVER, THAT
THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA-
GRAPH SHALL NOT  APPLY  TO  PRESCHOOL  CHILDREN  WITH  DISABILITIES  WHO
RECEIVED  PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO THOU-
SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR.   THE CITY OF  NEW  YORK
SHALL  BE  REQUIRED  TO PROVIDE DATA RELATING TO THE LOCALLY ESTABLISHED
TUITION RATES TO THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE
COMMISSIONER.
  S 24. Subparagraph (ii) of paragraph c of subdivision  11  of  section
4410  of  the  education  law,  as amended by chapter 205 of the laws of
2009, is amended to read as follows:
  (ii) Payments made pursuant to this section by a  municipality  shall,
upon  conclusion  of  the  July  first to June thirtieth school year for
which such payment was made, be subject  to  audit  against  the  actual
difference  between  such audited expenditures and revenues. The munici-
pality shall submit the results of any such audit  to  the  commissioner
and the commissioner of social services, if appropriate, for review and,
if  warranted,  adjustment of the tuition and/or maintenance rates.  The
municipality is authorized to recover overpayments made to a provider of

S. 2607--B                         21                         A. 3007--B

special services or programs pursuant to this section as  determined  by
the  commissioner or the commissioner of health based upon their adjust-
ment of a tuition and/or maintenance rate, PROVIDED THAT FOR PURPOSES OF
MAKING SUCH ADJUSTMENT AND RECOVERY, THE MUNICIPALITY SHALL BE DEEMED TO
HAVE  PAID  ONE  HUNDRED PERCENT OF THE DISALLOWED COSTS.  Such recovery
may be accomplished by withholding such amount from any moneys  due  the
provider in the current year, or by direct reimbursement.
  S 25. Intentionally omitted.
  S 26. Section 7 of chapter 472 of the laws of 1998 amending the educa-
tion  law  relating to the lease of school buses by school districts, as
amended by section 71 of part A of chapter 58 of the laws  of  2011,  is
amended to read as follows:
  S  7.  This  act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2013] 2015.
  S 27. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
13  of  part  A of chapter 57 of the laws of 2012, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this  section  [for the 2009-10 school year shall not exceed 64.1
percent of the lesser of such approvable costs per contact hour or elev-
en dollars and fifty cents per  contact  hour,  reimbursement]  for  the
2010--2011  school  year  shall not exceed 62.6 percent of the lesser of
such approvable costs per contact hour or twelve dollars and five  cents
per contact hour, reimbursement for the 2011--2012 school year shall not
exceed  62.9  percent of the lesser of such approvable costs per contact
hour or twelve  dollars  and  fifteen  cents  per  contact  hour,  [and]
reimbursement  for  the  2012--2013  school  year  shall not exceed 63.3
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve dollars and thirty-five cents per contact hour, AND REIMBURSEMENT
FOR  THE  2013--2014  SCHOOL  YEAR  SHALL NOT EXCEED 62.2 PERCENT OF THE
LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWELVE  DOLLARS  AND
FIFTY  CENTS  PER  CONTACT  HOUR,  where a contact hour represents sixty
minutes of instruction services provided to an eligible adult.  Notwith-
standing any other provision of law to the contrary,  [for  the  2009-10
school  year  such  contact  hours  shall  not  exceed one million seven
hundred sixty--three thousand  nine  hundred  seven  (1,763,907)  hours;
whereas]  for  the  2010--2011  school year such contact hours shall not
exceed one million five hundred twenty-five thousand one  hundred  nine-
ty-eight  (1,525,198) hours; whereas for the 2011--2012 school year such
contact hours shall not exceed one million seven  hundred  one  thousand
five  hundred  seventy  (1,701,570)  hours;  whereas  for the 2012--2013
school year such contact hours shall not exceed one million six  hundred
sixty-four  thousand  five hundred thirty-two (1,664,532) hours; WHEREAS
FOR THE 2013--2014 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT  EXCEED  ONE
MILLION  FOUR  HUNDRED  EIGHTY THOUSAND AND FIFTY-ONE (1,480,051) HOURS.
Notwithstanding any other provision of law to the contrary,  the  appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed  as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
ble for aid in accordance with the provisions of such subdivision 11  of
section 3602 of the education law.
  S  28. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for

S. 2607--B                         22                         A. 3007--B

worker  education  in New York city, is amended by adding a new subdivi-
sion r to read as follows:
  R.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2013--2014 SCHOOL YEAR.   NOTWITHSTANDING
ANY  INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS
($11,500,000).
  S  29. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker education in New York city, as amended by section 15 of part A of
chapter 57 of the laws of 2012, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2013] 2014.
  S 30. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state  operations,
aid to localities, capital projects and debt service budgets, as amended
by section 17 of part A of chapter 57 of the laws of 2012, is amended to
read as follows:
  1.  Sections  one  through seventy of this act shall be deemed to have
been in full force and effect as of April  1,  1994  provided,  however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to  September  1,  1994,  and  provided
further  that  section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and  provided  further  that  sections  four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a  of  this  act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen,  seventeen,
twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
deemed repealed on March 31, [2014] 2015.
  S 31. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
of  1995,  amending the education law and certain other laws relating to
state aid to school districts and the appropriation  of  funds  for  the
support  of government, as amended by section 18 of part A of chapter 57
of the laws of 2012, are amended to read as follows:
  (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
fourteen,  one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2013] 2014 at which time it shall be deemed repealed;
  (24) sections one hundred eighteen through one hundred thirty of  this
act  shall  be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred nineteen of this act shall be  deemed  to  be
repealed on and after July 1, [2013] 2014;
  S  32.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter school or BOCES employees, as amended by section 20 of part A of
chapter 57 of the laws of 2012, is amended to read as follows:

S. 2607--B                         23                         A. 3007--B

  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2013] 2014 when
upon such date the provisions of this act shall be deemed repealed.
  S  33.  Section  4  of  chapter  425 of the laws of 2002, amending the
education law relating to  the  provision  of  supplemental  educational
services,  attendance  at  a  safe  public  school and the suspension of
pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
amended  by  section  21 of part A of chapter 57 of the laws of 2012, is
amended to read as follows:
  S 4. This act shall take effect July 1, 2002 and shall expire  and  be
deemed repealed June 30, [2013] 2014.
  S  34.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 22 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  S 5. This act shall take effect immediately;  provided  that  sections
one,  two  and  three of this act shall expire and be deemed repealed on
June 30, [2013] 2014.
  S 35. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the 2013--2014 school year, the commissioner of education shall allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative education services pursuant to sections 3650-a,  3650-b  and
3650-c of the education law, or for contracts directly with not-for-pro-
fit  educational  organizations  for  the purposes of this section. Such
payments shall not exceed four hundred thousand dollars  ($400,000)  per
school year.
  S  36.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by the chapter of the laws of 2013  enacting
the  aid  to  localities  budget shall be apportioned for the 2013--2014
state fiscal year in accordance with the  provisions  of  sections  271,
272,  273,  282,  284,  and  285  of the education law as amended by the
provisions of this chapter and the provisions of this act, provided that
library construction aid pursuant to section 273-a of the education  law
shall  not  be payable from the appropriations for the support of public
libraries and provided  further  that  no  library,  library  system  or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding any other provision of law to the contrary the  moneys
appropriated for the support of public libraries for the year 2013--2014
by  a  chapter of the laws of 2013 enacting the aid to localities budget
shall fulfill the state's obligation to provide such aid  and,  pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant  to  such  appropriations  shall  be reduced proportionately to
assure that the total amount of aid payable does not  exceed  the  total
appropriations for such purpose.
  S  37.  Special apportionment for salary expenses.  a. Notwithstanding
any other provision of law, upon  application  to  the  commissioner  of
education,  not  sooner  than  the first day of the second full business
week of June, 2014 and not later than the last day  of  the  third  full
business  week  of  June, 2014, a school district eligible for an appor-
tionment pursuant to section 3602 of the education law shall be eligible
to receive an apportionment pursuant to this  section,  for  the  school

S. 2607--B                         24                         A. 3007--B

year  ending June 30, 2014, for salary expenses incurred between April 1
and June 30, 2014 and such apportionment shall not exceed the sum of (i)
the deficit reduction assessment of  1990--1991  as  determined  by  the
commissioner  of  education, pursuant to paragraph f of subdivision 1 of
section 3602 of the education law, as in effect through June  30,  1993,
plus  (ii)  186  percent  of such amount for a city school district in a
city with a population in excess of 1,000,000  inhabitants,  plus  (iii)
209  percent  of such amount for a city school district in a city with a
population of more than 195,000 inhabitants and less than 219,000 inhab-
itants according to the latest federal census, plus  (iv)  the  net  gap
elimination adjustment for 2010--2011, as determined by the commissioner
of  education  pursuant  to chapter 53 of the laws of 2010, plus (v) the
gap elimination adjustment for 2011--2012 as determined by  the  commis-
sioner  of  education  pursuant to subdivision 17 of section 3602 of the
education law, and provided further that such  apportionment  shall  not
exceed  such salary expenses. Such application shall be made by a school
district, after the board of education or trustees have adopted a resol-
ution to do so and in the case of a city school district in a city  with
a  population in excess of 125,000 inhabitants, with the approval of the
mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 38. Special apportionment for public pension accruals. a.   Notwith-
standing any other provision of law, upon application to the commission-
er  of education, not later than June 30, 2014, a school district eligi-
ble for an apportionment pursuant to section 3602 of the  education  law
shall  be eligible to receive an apportionment pursuant to this section,

S. 2607--B                         25                         A. 3007--B

for the school year ending June 30, 2014 and  such  apportionment  shall
not  exceed  the  additional  accruals  required  to  be  made by school
districts in the 2004--2005 and 2005--2006 school years associated  with
changes  for  such  public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner  of  education  by
the  president of the board of education or the trustees or, in the case
of a city school district in a city  with  a  population  in  excess  of
125,000  inhabitants,  the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school  district
in  a  city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 39. a. Notwithstanding any other law,  rule  or  regulation  to  the
contrary,  any moneys appropriated to the state education department may
be suballocated to other state departments or agencies,  as  needed,  to
accomplish the intent of the specific appropriations contained therein.
  b.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from  the  general
fund/aid  to  localities,  local  assistance  account-001,  shall be for
payment of financial assistance, as  scheduled,  net  of  disallowances,
refunds, reimbursement and credits.
  c.  Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education  department  for  aid  to
localities shall be available for payment of aid heretofore or hereafter

S. 2607--B                         26                         A. 3007--B

to  accrue  and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
  d.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated  to  the  state  education  department  for  general
support  for  public  schools may be interchanged with any other item of
appropriation for general support for public schools within the  general
fund  local  assistance  account office of prekindergarten through grade
twelve education programs.
  S 40. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city  of  Rochester,  upon
the  consent  of  the  board  of cooperative educational services of the
supervisory district serving its geographic  region  may  purchase  from
such  board  for  the  2013--2014 school year, as a non-component school
district, services required by article 19 of the education law.
  S 41. The amounts specified in this section shall be a  setaside  from
the  state  funds  which  each such district is receiving from the total
foundation aid:
  a. for the purpose of the development,  maintenance  or  expansion  of
magnet schools or magnet school programs for the 2013--2014 school year.
To  the city school district of the city of New York there shall be paid
forty-eight  million   one   hundred   seventy-five   thousand   dollars
($48,175,000) including five hundred thousand dollars ($500,000) for the
Andrew  Jackson  High School; to the Buffalo city school district, twen-
ty-one  million  twenty-five  thousand  dollars  ($21,025,000);  to  the
Rochester  city  school district, fifteen million dollars ($15,000,000);
to  the  Syracuse  city  school  district,  thirteen   million   dollars
($13,000,000);  to  the Yonkers city school district, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,  four  million  six  hundred   forty-five   thousand   dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two  million  dollars  ($2,000,000);  to  the  New
Rochelle  city  school  district,  one million four hundred ten thousand
dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city  school  district,  one  million one hundred fifty thousand dollars
($1,150,000); to the White Plains city  school  district,  nine  hundred
thousand  dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
district,   three   million   five   hundred   fifty   thousand  dollars
($3,550,000); to the Utica city school  district,  two  million  dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand  dollars  ($566,000);  to  the Middletown city school district,
four hundred thousand dollars ($400,000); to  the  Freeport  union  free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh   central   school   district,   three  hundred  thousand  dollars
($300,000); to the Amsterdam city school district, eight  hundred  thou-
sand  dollars  ($800,000);  to  the  Peekskill city school district, two
hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
district, four hundred thousand dollars ($400,000).
  b.  notwithstanding the provisions of subdivision a of this section, a
school district receiving a grant pursuant to this section may use  such
grant  funds  for:  (i) any instructional or instructional support costs
associated with the operation of a magnet school; or (ii)  any  instruc-
tional  or instructional support costs associated with implementation of
an alternative approach to reduction of racial isolation and/or enhance-

S. 2607--B                         27                         A. 3007--B

ment of the instructional program and raising of standards in elementary
and secondary schools of school  districts  having  substantial  concen-
trations  of  minority students. The commissioner of education shall not
be authorized to withhold magnet grant funds from a school district that
used  such  funds in accordance with this paragraph, notwithstanding any
inconsistency with a request for proposals issued by such commissioner.
  c. for the purpose of attendance improvement  and  dropout  prevention
for  the  2013--2014 school year, for any city school district in a city
having a population of more than one million, the setaside  for  attend-
ance improvement and dropout prevention shall equal the amount set aside
in the base year. For the 2013--2014 school year, it is further provided
that any city school district in a city having a population of more than
one  million shall allocate at least one-third of any increase from base
year levels in funds set aside pursuant  to  the  requirements  of  this
subdivision  to  community-based  organizations.  Any  increase required
pursuant to this subdivision to community-based organizations must be in
addition to allocations provided to community-based organizations in the
base year.
  d. for the purpose of teacher support for the 2013--2014 school  year:
to  the  city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); to the Buffalo  city
school  district,  one  million seven hundred forty-one thousand dollars
($1,741,000); to the Rochester city school district, one million  seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,  one  million  one  hundred   forty-seven   thousand   dollars
($1,147,000);  and  to  the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to  a  school
district  pursuant to this subdivision shall be distributed among teach-
ers including prekindergarten teachers and teachers of adult  vocational
and  academic  subjects in accordance with this subdivision and shall be
in addition to salaries  heretofore  or  hereafter  negotiated  or  made
available;  provided,  however,  that  all funds distributed pursuant to
this section for the current year shall be  deemed  to  incorporate  all
funds  distributed  pursuant to former subdivision 27 of section 3602 of
the education law for prior years. In school districts where the  teach-
ers  are  represented by certified or recognized employee organizations,
all salary increases funded pursuant to this section shall be determined
by separate collective negotiations conducted pursuant to the provisions
and procedures of article 14 of the civil service  law,  notwithstanding
the  existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
  S 42. Severability. The provisions of this act shall be severable, and
if the application of  any  clause,  sentence,  paragraph,  subdivision,
section  or  part  of  this  act  to any person or circumstance shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of  this  act  or  remainder  thereof,  as the case may be, to any other
person or circumstance, but shall be confined in its  operation  to  the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  43.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2013, provided,
however, that:

S. 2607--B                         28                         A. 3007--B

  1. Sections five and six of this act shall take effect immediately and
shall be deemed to have been in full force and effect on and after  July
1,  2010;  provided,  further,  that  the amendments to subdivision 1 of
section 2856 of the education law made by section five of this act shall
be  subject to the expiration and reversion of such subdivision pursuant
to section 27 of chapter 378 of the laws of 2007, as amended, when  upon
such date the provisions of section six of this act shall take effect;
  2. Section nine of this act shall take effect July 1, 2014;
  3.  Sections  one,  eleven, twelve, thirteen, fourteen, fifteen, eigh-
teen, nineteen, twenty, twenty-one, twenty-seven, twenty-eight,  thirty-
five and forty-one of this act shall take effect July 1, 2013;
  4.  The  amendments  to subdivision 6 of section 4402 of the education
law made by section twenty-one of this act shall not affect  the  repeal
of such subdivision and shall be deemed repealed therewith;
  5.  The  amendments to subdivision 10 of section 4410 of the education
law, made by section twenty-three of this act shall take effect April 1,
2013 and shall first apply to the provision  of  services  and  programs
pursuant  to  section 4410 of the education law in the 2013--2014 school
year;
  6. The amendments to chapter 756 of the  laws  of  1992,  relating  to
funding a program for work force education conducted by a consortium for
worker  education  in  New  York city, made by sections twenty-seven and
twenty-eight of this act shall not affect the repeal of such chapter and
shall be deemed repealed therewith; and
  7. Section thirty-nine of this act shall expire and be deemed repealed
June 30, 2014.

                                 PART B

  Section 1. Section 350 of the education law is amended by adding  four
new subdivisions 10, 11, 12 and 13 to read as follows:
  10.  "DORMITORY  FACILITIES  REVENUE  FUND" MEANS THE FUND ESTABLISHED
PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE  PUBLIC  AUTHORITIES
LAW.
  11. "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
TIES.
  12. "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX
OF THE PUBLIC AUTHORITIES LAW.
  13. "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR  BOND  OF  THE
DORMITORY  AUTHORITY  (I) ISSUED ON OR AFTER THE FIRST DAY OF APRIL, TWO
THOUSAND THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES  OR
REFINANCING NOTES OR BONDS PREVIOUSLY ISSUED IN CONNECTION WITH DORMITO-
RY  FACILITIES, INCLUDING NOTES OR BONDS ISSUED TO PAY COSTS INCURRED IN
CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
FOR THE PAYMENT OF DEBT SERVICE ON SUCH BONDS  OR  NOTES,  TO  FUND  ANY
RESERVE  ESTABLISHED  FOR  THE IMPROVEMENT, REPAIR, MAINTENANCE OR OPER-
ATIONS OF DORMITORY FACILITIES, OR TO PAY OR PROVIDE FOR THE PAYMENT  OF
ANY  NOTE  OR  BOND  PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS
PAYABLE FROM MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE  FUND
AND IS NOT PAYABLE FROM ANY REVENUE OF THE STATE.
  S  2.  Subdivision 2 of section 355 of the education law is amended by
adding a new paragraph y to read as follows:
  Y. TO BETTER SECURE DORMITORY AUTHORITY  BONDS  ISSUED  IN  CONNECTION
WITH  DORMITORY  FACILITIES, INCLUDING DORMITORY FACILITY REVENUE BONDS,

S. 2607--B                         29                         A. 3007--B

THE STATE UNIVERSITY OF NEW YORK IS HEREBY AUTHORIZED, IN ITS OWN  NAME,
TO ASSIGN OR OTHERWISE TRANSFER TO THE DORMITORY AUTHORITY ANY OR ALL OF
THE STATE UNIVERSITY'S RIGHTS, TITLE AND INTEREST IN AND TO THE DORMITO-
RY  FACILITY  REVENUES,  AND TO ENTER INTO AGREEMENTS WITH THE DORMITORY
AUTHORITY PURSUANT TO SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED  EIGHT-
Y-Q  OF  THE PUBLIC AUTHORITIES LAW IN FURTHERANCE OF SUCH ASSIGNMENT OR
TRANSFER. ANY ASSIGNMENT OR TRANSFER MADE  PURSUANT  TO  THIS  PARAGRAPH
SHALL  CONSTITUTE  A  TRUE  SALE  AND ABSOLUTE TRANSFER OF THE DORMITORY
FACILITIES REVENUES. THE CHARACTERIZATION OF SUCH ASSIGNMENT OR TRANSFER
SHALL NOT BE NEGATED OR ADVERSELY AFFECTED BY THE RETENTION BY THE STATE
UNIVERSITY OF NEW YORK OF ANY OWNERSHIP INTEREST IN THE DORMITORY FACIL-
ITIES REVENUES OR OF ANY RESIDUAL RIGHT  TO  PAYMENT  OF  ANY  DORMITORY
FACILITY  REVENUES  REMAINING  IN  THE DORMITORY FACILITIES REVENUE FUND
AFTER THE MONEYS THEREIN HAVE BEEN APPLIED IN ACCORDANCE WITH  PARAGRAPH
(B)  OF  SUBDIVISION  THREE  OF  SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE
PUBLIC AUTHORITIES LAW. ALL RIGHTS, TITLE AND INTEREST  IN  AND  TO  ANY
MONEYS  PAID  TO  OR  UPON THE ORDER OF THE STATE UNIVERSITY OF NEW YORK
PURSUANT TO ANY AGREEMENT BY AND BETWEEN THE DORMITORY AUTHORITY AND THE
STATE UNIVERSITY OF NEW YORK ENTERED INTO PURSUANT TO SUBDIVISION TWO OF
SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE PUBLIC AUTHORITIES LAW OR PURSU-
ANT TO ANY AGREEMENT ENTERED INTO PURSUANT TO PARAGRAPH J OF SUBDIVISION
TWO OF SECTION SIXTEEN HUNDRED EIGHTY  OF  THE  PUBLIC  AUTHORITIES  LAW
SHALL VEST IN THE STATE UNIVERSITY OF NEW YORK AND BE THE ABSOLUTE PROP-
ERTY  OF  THE  STATE UNIVERSITY OF NEW YORK, AND THE DORMITORY AUTHORITY
SHALL NO LONGER HAVE ANY INTEREST IN SUCH MONEYS.
  S 3. Subdivision 8 of section 355 of the education law, as amended  by
chapter 553 of the laws of 1985, is amended to read as follows:
  8.  [All]  EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL moneys received by
the state university of New  York  and  by  state-operated  institutions
thereof  from  appropriations,  tuition,  fees,  user  charges, sales of
products and services and from all other sources, including sources  and
activities of the state university which are intended by law to be self-
supporting  may be credited to an appropriate fund or funds to be desig-
nated by the state comptroller. The amounts so paid into  such  fund  or
funds  which  were received by or for the state university shall be used
for expenses of the state university in carrying out any of its  objects
and  purposes  and such amounts received by or for state-operated insti-
tutions of the state university shall be used for expenses of the  state
university  under  regulations  prescribed by the state university trus-
tees.  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, ALL
DORMITORY FACILITIES REVENUES TRANSFERRED TO THE DORMITORY AUTHORITY  BY
ASSIGNMENT  OR  OTHERWISE  PURSUANT TO PARAGRAPH Y OF SUBDIVISION TWO OF
THIS SECTION SHALL UPON RECEIPT BY THE STATE UNIVERSITY ACTING AS  AGENT
FOR  THE DORMITORY AUTHORITY BE TRANSFERRED AND IMMEDIATELY PAID WITHOUT
APPROPRIATION THEREOF TO THE COMMISSIONER OF TAXATION AND FINANCE PURSU-
ANT TO SUBDIVISION FOUR OF SECTION FOUR OF THE  STATE  FINANCE  LAW  FOR
DEPOSIT TO THE DORMITORY FACILITIES REVENUE FUND.
  S  4.  The  public  authorities law is amended by adding a new section
1680-q to read as follows:
  S 1680-Q. STATE UNIVERSITY OF NEW YORK DORMITORY FACILITIES.    1.  AS
USED  IN  OR  REFERRED  TO  IN  THIS SECTION, UNLESS A DIFFERENT MEANING
APPEARS FROM THE CONTEXT, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
RESPECTIVE MEANINGS:
  (A)  "AGREEMENT"  MEANS  AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND
THE STATE UNIVERSITY ENTERED INTO PURSUANT TO THIS SECTION.

S. 2607--B                         30                         A. 3007--B

  (B) "DORMITORY FACILITIES REVENUE FUND"  MEANS  THE  FUND  ESTABLISHED
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (C) "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
TIES.
  (D) "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX
OF THIS TITLE.
  (E) "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR  BOND  OF  THE
AUTHORITY  (I)  ISSUED  ON OR AFTER THE FIRST DAY OF APRIL, TWO THOUSAND
THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES OR REFINANC-
ING NOTES OR BONDS ISSUED PREVIOUSLY IN CONNECTION WITH DORMITORY FACIL-
ITIES, INCLUDING  NOTES  OR  BONDS  ISSUED  TO  PAY  COSTS  INCURRED  IN
CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
FOR  THE  PAYMENT  OF  DEBT  SERVICE  ON SUCH BONDS, TO FUND ANY RESERVE
ESTABLISHED FOR THE IMPROVEMENT, REPAIR, MAINTENANCE  OR  OPERATIONS  OF
DORMITORY  FACILITIES,  OR TO PAY OR PROVIDE FOR THE PAYMENT OF ANY NOTE
OR BOND PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS PAYABLE FROM
MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE FUND.
  (F) "PRIOR DORMITORY FACILITY BOND" MEANS ANY  NOTE  OR  BOND  OF  THE
AUTHORITY  ISSUED  PRIOR  TO  APRIL  FIRST,  TWO  THOUSAND  THIRTEEN  IN
CONNECTION WITH DORMITORY FACILITIES.
  (G) "STATE UNIVERSITY" MEANS THE  STATE  UNIVERSITY  OF  NEW  YORK,  A
CORPORATION WITHIN THE STATE EDUCATION DEPARTMENT AND WITHIN THE UNIVER-
SITY OF THE STATE OF NEW YORK CREATED BY SECTION THREE HUNDRED FIFTY-TWO
OF THE EDUCATION LAW.
  2.  THE  AUTHORITY MAY, FROM AND AFTER APRIL FIRST, TWO THOUSAND THIR-
TEEN, ISSUE DORMITORY FACILITY REVENUE BONDS IN AN AMOUNT NOT TO  EXCEED
NINE  HUNDRED FORTY-FOUR MILLION DOLLARS. SUCH AMOUNT SHALL BE EXCLUSIVE
OF BONDS AND NOTES ISSUED TO FUND ANY RESERVE FUND  OR  FUNDS,  COST  OF
ISSUANCE,  ORIGINAL  ISSUE  PREMIUM,  AND  TO REFUND ANY PRIOR DORMITORY
FACILITY BONDS OR ANY DORMITORY FACILITY REVENUE  BONDS.  THE  AUTHORITY
AND  THE STATE UNIVERSITY ARE HEREBY AUTHORIZED TO ENTER INTO AGREEMENTS
RELATING TO, AMONG OTHER THINGS, THE ACQUISITION OF PROPERTY  OR  INTER-
ESTS THEREIN, THE CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVE-
MENT,  EQUIPPING  AND  FURNISHING OF DORMITORY FACILITIES, THE OPERATION
AND MAINTENANCE OF DORMITORY FACILITIES, AND THE BILLING, COLLECTION AND
DISBURSEMENT OF DORMITORY FACILITIES REVENUES, THE TITLE  TO  WHICH  HAS
BEEN CONVEYED, ASSIGNED OR OTHERWISE TRANSFERRED TO THE AUTHORITY PURSU-
ANT  TO  PARAGRAPH  Y  OF  SUBDIVISION  TWO  OF  SECTION  THREE  HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW. NO DEBT SHALL BE CONTRACTED  EXCEPT  TO
FINANCE  CAPITAL  WORKS OR PURPOSES. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, DORMITORY FACILITY REVENUES SHALL NOT BE DEEMED TO  BE  REVENUES
OF  THE  STATE.  THE  STATE  SHALL NOT BE LIABLE FOR ANY PAYMENTS ON ANY
DORMITORY FACILITY REVENUE BONDS, AND SUCH BONDS SHALL NOT BE A DEBT  OF
THE STATE.
  3.  (A) THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER
OF TAXATION AND FINANCE A SPECIAL FUND TO  BE  KNOWN  AS  THE  DORMITORY
FACILITIES REVENUE FUND. SUCH FUND SHALL CONSIST OF ALL DORMITORY FACIL-
ITIES  REVENUES  CONVEYED,  ASSIGNED  OR  OTHERWISE  TRANSFERRED  TO THE
AUTHORITY PURSUANT TO PARAGRAPH Y OF SUBDIVISION TWO  OF  SECTION  THREE
HUNDRED  FIFTY-FIVE  OF  THE  EDUCATION  LAW,  WHICH UPON RECEIPT BY THE
COMMISSIONER OF TAXATION AND FINANCE SHALL BE DEPOSITED IN SUCH FUND AND
HELD BY THE COMMISSIONER OF TAXATION AND FINANCE PURSUANT TO SUBDIVISION
FOUR OF SECTION FOUR OF THE STATE FINANCE LAW. THE MONEYS  IN  THE  FUND
SHALL  BE  THE  SOLE AND EXCLUSIVE PROPERTY OF THE AUTHORITY. THE MONEYS

S. 2607--B                         31                         A. 3007--B

HELD IN THE FUND SHALL BE HELD SEPARATE AND APART FROM AND  NOT  COMMIN-
GLED  WITH ANY MONEYS OF THE STATE OR ANY OTHER MONEYS IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE.  ALL DEPOSITS OF MONEYS SHALL,
IF  REQUIRED  BY THE COMMISSIONER OF TAXATION AND FINANCE, BE SECURED BY
OBLIGATIONS OF THE UNITED STATES OF AMERICA OR OF  THE  STATE  HAVING  A
MARKET  VALUE  EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS AND ALL
BANKS AND TRUST COMPANIES ARE  AUTHORIZED  TO  GIVE  SECURITY  FOR  SUCH
DEPOSITS.  ANY MONEYS IN SUCH FUND MAY, IN THE DISCRETION OF THE COMMIS-
SIONER OF TAXATION AND FINANCE, BE INVESTED IN OBLIGATIONS DESCRIBED  IN
SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. THE COMMISSIONER OF TAXA-
TION AND FINANCE SHALL CERTIFY TO THE AUTHORITY AND THE STATE UNIVERSITY
NOT  LATER  THAN THE FIFTEENTH DAY OF EACH MONTH THE AMOUNT OF DORMITORY
FACILITIES REVENUES DEPOSITED IN THE FUND DURING THE PRECEDING  CALENDAR
MONTH AND THE AMOUNT HELD IN THE FUND AS OF THE LAST DAY OF SUCH PRECED-
ING CALENDAR MONTH.
  (B)  DURING EACH TWELVE MONTH PERIOD COMMENCING JULY FIRST OF A CALEN-
DAR YEAR AND ENDING ON JUNE THIRTIETH OF THE SUCCEEDING  CALENDAR  YEAR,
THE  COMMISSIONER  OF  TAXATION AND FINANCE SHALL PAY, WITHOUT APPROPRI-
ATION, TO OR UPON THE ORDER OF THE AUTHORITY FROM THE MONEYS IN THE FUND
THE AMOUNT CERTIFIED TO THE COMMISSIONER OF TAXATION AND FINANCE BY  THE
AUTHORITY  PURSUANT  TO  PARAGRAPH  (C)  OF THIS SUBDIVISION. ANY MONEYS
REMAINING IN THE FUND AFTER PAYMENT TO THE AUTHORITY OF  THE  AMOUNT  SO
CERTIFIED  SHALL  BE PAID BY THE COMMISSIONER OF TAXATION AND FINANCE IN
ACCORDANCE WITH THE AGREEMENT. ALL RIGHTS, TITLE AND INTEREST IN AND  TO
ANY MONEYS PAID TO OR UPON THE ORDER OF THE STATE UNIVERSITY PURSUANT TO
THE  AGREEMENT  SHALL  VEST  IN THE STATE UNIVERSITY AND BE THE ABSOLUTE
PROPERTY OF THE STATE UNIVERSITY, AND THE AUTHORITY SHALL NO LONGER HAVE
ANY INTEREST IN SUCH MONEYS.
  (C) THE AUTHORITY SHALL, NOT LATER THAN BY THE FIRST DAY  OF  JUNE  OF
EACH  CALENDAR YEAR, CERTIFY TO THE COMMISSIONER OF TAXATION AND FINANCE
AND TO THE STATE UNIVERSITY: (I) THE AMOUNT OF  THE  RENTALS,  INCLUDING
THE  AMOUNTS  REQUIRED  FOR PAYMENT OF THE PRINCIPAL OF, AND INTEREST ON
PRIOR DORMITORY FACILITY BONDS REQUIRED TO BE MADE BY THE STATE  UNIVER-
SITY  TO  THE AUTHORITY DURING THE TWELVE MONTH PERIOD COMMENCING ON THE
SUCCEEDING JULY FIRST AND ENDING ON THE SUCCEEDING JUNE THIRTIETH PURSU-
ANT TO THE AGREEMENT BETWEEN THE AUTHORITY  AND  THE  STATE  UNIVERSITY,
DATED   AS   OF   THE  TWENTIETH  DAY  OF  SEPTEMBER,  NINETEEN  HUNDRED
NINETY-FIVE, AS AMENDED AND RESTATED; (II) THE AMOUNT REQUIRED TO  MAIN-
TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
OR  THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN CONNECTION
WITH THE PRIOR DORMITORY FACILITY BONDS; (III) THE AMOUNT  REQUIRED  FOR
PAYMENT OF THE PRINCIPAL OF, WHETHER AT MATURITY OR DUE THROUGH MANDATO-
RY  REDEMPTION, AND INTEREST ON DORMITORY FACILITY REVENUE BONDS PAYABLE
ON JANUARY FIRST OF SUCH TWELVE MONTH PERIOD  AND  ON  JULY  FIRST  NEXT
SUCCEEDING  SUCH  TWELVE MONTH PERIOD; (IV) THE AMOUNT REQUIRED TO MAIN-
TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
OR THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN  CONNECTION
WITH  THE  DORMITORY  FACILITY REVENUE BONDS; (V) THE AMOUNT REQUIRED TO
RESTORE ANY RESERVE FOR THE PAYMENT OF DEBT SERVICE ON DORMITORY FACILI-
TY REVENUE BONDS TO ITS REQUIREMENT; AND (VI) THE  COSTS,  EXPENSES  AND
OVERHEAD  OF  THE  DORMITORY AUTHORITY TO BE INCURRED DURING SUCH TWELVE
MONTH PERIOD IN CONNECTION WITH  AND  REASONABLY  RELATED  TO  DORMITORY
FACILITIES  FINANCED  THROUGH THE ISSUANCE OF DORMITORY FACILITY REVENUE
BONDS. EACH SUCH AMOUNT SHALL BE SEPARATELY  STATED  AND  IDENTIFIED  IN
SUCH  CERTIFICATE.  ANY  SUCH  CERTIFICATE  SUBMITTED  BY  THE DORMITORY
AUTHORITY MAY BE AMENDED BY THE DORMITORY AUTHORITY FROM TIME TO TIME AS

S. 2607--B                         32                         A. 3007--B

NECESSARY TO ADJUST THE AMOUNTS SET FORTH THEREIN. THE  MONEYS  PAID  TO
THE  AUTHORITY  PURSUANT  TO  PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE
APPLIED BY THE AUTHORITY IN THE ORDER OF PRIORITY IN WHICH  THE  AMOUNTS
SET FORTH IN SUCH CERTIFICATION ARE STATED IN THIS PARAGRAPH.
  S  5.  For  the purposes of paragraphs (b) and (c) of subdivision 3 of
section 1680-q of the public authorities law, as added by  section  four
of this act, the dormitory authority shall, within thirty days after the
date  on  which this act shall become effective, make and deliver to the
commissioner of taxation and finance and the  state  university  of  New
York  a  certification  in the form and substance required by such para-
graph (c) with respect to amounts required for the items specified ther-
ein during the period from the effective date of this act to and includ-
ing the thirtieth day of June, 2013,  and,  if  this  act  shall  become
effective after the first day of June, 2013, for the twelve month period
commencing  the  first day of July, 2013, to and including the thirtieth
day of June, 2014. No money shall be paid by the commissioner  of  taxa-
tion  and  finance  out  of  the  dormitory facility revenue fund except
unless and until such commissioner has  received  the  certification  or
certifications required by this section.
  S 6. This act shall take effect immediately.

                                 PART C

  Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
implementing  the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital  matching  grant
program  for  independent colleges, as amended by section 1 of part H of
chapter 57 of the laws of 2012, is amended to read as follows:
  (a) The New York state higher education capital matching  grant  board
is  hereby  created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital  matching  grant  program  from  the
effective  date  of  this  section through March 31, [2013] 2014, or the
date on which the last of the funds  available  for  grants  under  this
section  shall  have  been  disbursed,  whichever  is earlier; provided,
however, that the termination of the existence of the  board  shall  not
affect the power and authority of the dormitory authority to perform its
obligations  with  respect  to  any  bonds, notes, or other indebtedness
issued or incurred pursuant to authority granted in this section.
  S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the  New  York state higher education capital matching grant program
for independent colleges, as amended by section 2 of part H  of  chapter
57 of the laws of 2012, is amended to read as follows:
  (h)  [If  a  college did not apply for a potential grant] IN THE EVENT
THAT ANY COLLEGES DO NOT APPLY FOR  HIGHER  EDUCATION  CAPITAL  MATCHING
GRANTS  by  March  31,  2009,  OR  IN  THE  EVENT THEY APPLY FOR AND ARE
AWARDED, BUT DO NOT USE THE FULL AMOUNT OF SUCH GRANTS, THE UNUSED funds
associated with  such  [potential  grant]  GRANTS  shall  THEREAFTER  be
awarded[,]  TO  COLLEGES  on  a  competitive basis, [to other colleges,]
according to the priorities set forth below. [Colleges]  NOTWITHSTANDING
SUBDIVISION FIVE OF THIS SECTION, ANY COLLEGE shall be eligible to apply
for  [unutilized  grants] SUCH UNUSED FUNDS IN RESPONSE TO A REQUEST FOR

S. 2607--B                         33                         A. 3007--B

PROPOSALS FOR A HIGHER EDUCATION CAPITAL MATCHING GRANT PURSUANT TO THIS
PARAGRAPH.  In such cases, the following priorities shall apply:  first,
priority shall be given to otherwise eligible colleges that either were,
or would have been, deemed ineligible for the program prior to March 31,
2009,  due  to  missed  deadlines,  insufficient matching funds, lack of
accreditation or other disqualifying  reasons;  and  second,  after  the
board  has  acted  upon  all such first-priority applications for unused
funds, if any such funds remain, those  funds  shall  be  available  for
distribution  to  eligible  colleges  [that  are located within the same
Regents of the State of New  York  region  for  which  such  funds  were
originally  allocated].   THE UNUSED FUNDS ASSOCIATED WITH HIGHER EDUCA-
TION CAPITAL MATCHING GRANTS THAT WERE AVAILABLE IN THE  FIRST  INSTANCE
TO  COLLEGES AND UNIVERSITIES LOCATED IN THE COUNTIES OF NASSAU, SUFFOLK
AND IN THE CITY OF NEW YORK, SHALL BE AWARDED PURSUANT TO THIS PARAGRAPH
TO COLLEGES IN THE COUNTIES OF NASSAU AND SUFFOLK AND THE  CITY  OF  NEW
YORK,  AND THE UNUSED FUNDS ASSOCIATED WITH SUCH GRANTS THAT WERE AVAIL-
ABLE IN THE FIRST INSTANCE TO COLLEGES OUTSIDE THE COUNTIES  OF  NASSAU,
SUFFOLK AND THE CITY OF NEW YORK SHALL BE AWARDED PURSUANT TO THIS PARA-
GRAPH  TO  COLLEGES  LOCATED OUTSIDE THE COUNTIES OF NASSAU, SUFFOLK AND
THE CITY OF NEW YORK. The dormitory authority shall  develop  a  request
for  proposals  and application process, in consultation with the board,
for [such] HIGHER EDUCATION CAPITAL MATCHING grants AWARDED PURSUANT  TO
THIS  PARAGRAPH,  and  shall  develop criteria, subject to review by the
board, for the awarding of such grants. Such  criteria  shall  [incorpo-
rate]  INCLUDE, BUT NOT BE LIMITED TO the matching criteria contained in
paragraph (c) of this subdivision,  and  the  application  criteria  set
forth  in  paragraph  (e)  of  this subdivision. The dormitory authority
shall require all applications in response to the request for  proposals
to  be submitted by September 1, [2012] 2013, and the board shall act on
each application for such matching grants by November 1, [2012] 2013.
  S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law and other laws implementing the state fiscal plan for the  2005-2006
state fiscal year, relating to the New York state higher education capi-
tal  matching  grant  program  for  independent  colleges, as amended by
section 3 of part H of chapter 57 of the laws of  2012,  is  amended  to
read as follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary,  and  subject  to  the provisions of chapter 59 of the laws of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er education capital matching grants, the  director  of  the  budget  is
authorized  in  any  state  fiscal  year commencing April 1, 2005 or any
state fiscal year thereafter for a period ending  on  March  31,  [2014]
2015,  to  enter into one or more service contracts, none of which shall
exceed 30 years in duration, with the  dormitory  authority,  upon  such
terms as the director of the budget and the dormitory authority agree.
  S  4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005 amending the labor law and other laws  implement-
ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
to the New York state higher education matching  capital  grant  program
for  independent  colleges, as amended by section 4 of part H of chapter
57 of the laws of 2012, is amended to read as follows:
  (b) Any eligible institution receiving a grant pursuant to this  arti-
cle shall report to the dormitory authority no later than June 1, [2013]
2014,  on  the use of funding received and its programmatic and economic

S. 2607--B                         34                         A. 3007--B

impact. The dormitory authority shall submit  a  report  no  later  than
November  1, [2013] 2014 to the board, the governor, the director of the
budget, the temporary president of the senate, and the  speaker  of  the
assembly  on the aggregate impact of the higher education matching capi-
tal grant program. Such report shall provide information on the progress
and economic impact of such project.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART D

  Section  1.  Subdivision  1  of  section  6304 of the education law is
amended by adding two new paragraphs b-1 and b-2 to read as follows:
  B-1. (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
COMMUNITY COLLEGE FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND  FOUR-
TEEN AND THEREAFTER, ENROLLMENT IN A PROGRAM THAT CONFERS A CREDIT-BEAR-
ING  CERTIFICATE,  AN  ASSOCIATE  OF  OCCUPATIONAL STUDIES DEGREE, OR AN
ASSOCIATE OF APPLIED SCIENCE DEGREE, SHALL ONLY COUNT AS AIDABLE COLLEGE
ENROLLMENT IF:
  (A) THE PROGRAM IS A PARTNERSHIP BETWEEN THE COMMUNITY COLLEGE AND ONE
OR MORE EMPLOYERS TO TRAIN AND EMPLOY STUDENTS IN A SPECIFIC OCCUPATION;
OR
  (B) THE PROGRAM (1) PREPARES STUDENTS FOR  AN  OCCUPATION  THAT  MEETS
CURRENT OR EMERGING REGIONAL WORKFORCE NEEDS BASED ON A LIST PROVIDED BY
THE  DEPARTMENT OF LABOR BASED ON AVAILABLE LABOR MARKET DATA OR IDENTI-
FIED AS SUCH BY THE APPLICABLE REGIONAL  ECONOMIC  DEVELOPMENT  COUNCIL,
AND (2) HAS AN ADVISORY COMMITTEE MADE UP OF MEMBERS OF WHOM THE MAJORI-
TY  ARE EMPLOYERS IN THE OCCUPATION OR SECTOR, OR A RELATED SECTOR, THAT
EMPLOY OR COMMIT TO EMPLOY WORKERS IN THE  REGION  WHERE  THE  COMMUNITY
COLLEGE  IS  LOCATED,  AND SUCH COMMITTEE SERVES TO ADVISE THE COMMUNITY
COLLEGE ON THE PROGRAM'S CURRICULUM, RECRUITMENT, PLACEMENT  AND  EVALU-
ATION SO THAT IT REMAINS UP-TO-DATE WITH EMPLOYER NEEDS.
  (II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, ENROLLMENT IN
PROGRAMS  THAT FAIL TO MEET THE REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL COUNT IN THE DETERMINATION OF AIDABLE COLLEGE ENROLLMENT
IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND  FOURTEEN  COMMUNITY  COLLEGE
FISCAL  YEAR  ONLY  TO  THE  EXTENT  A  STUDENT WAS ENROLLED IN THE SAME
PROGRAM AND WAS COUNTED IN THE DETERMINATION OF AIDABLE COLLEGE  ENROLL-
MENT DURING, OR PRIOR TO, THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
COMMUNITY COLLEGE FISCAL YEAR.
  (III)  ON  OR BEFORE NOVEMBER FIRST OF EACH YEAR, THE STATE UNIVERSITY
TRUSTEES AND THE CITY UNIVERSITY TRUSTEES SHALL EACH SUBMIT A REPORT  TO
THE  DIRECTOR  OF THE BUDGET FOR PURPOSES OF DETERMINING AMOUNTS PAYABLE
TO COMMUNITY COLLEGES. SUCH REPORT SHALL INCLUDE AN ACCOUNTING OF  AIDA-
BLE  COLLEGE  ENROLLMENT AS DETERMINED IN ACCORDANCE WITH THIS PARAGRAPH
FOR PROGRAMS THAT CONFER CREDIT-BEARING CERTIFICATES, ASSOCIATE OF OCCU-
PATIONAL STUDIES DEGREES, OR ASSOCIATE OF APPLIED  SCIENCE  DEGREES,  IN
SUCH  A  FORM  AND  MANNER  AS THE DIRECTOR OF THE BUDGET MAY REQUIRE TO
VERIFY COMPLIANCE WITH SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH  AND
APPROVE  OR DENY PAYMENT FOR SUCH PROGRAMS THEREOF; AND PROVIDED FURTHER
THAT, PRIOR TO SUBMITTING SUCH REPORTS,  THE  CHANCELLOR  OF  THE  STATE
UNIVERSITY  OF NEW YORK AND THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW
YORK SHALL ASSIST THE DIRECTOR OF THE BUDGET IN AN EVALUATION OF WHETHER
THERE ARE ADDITIONAL WORKFORCE AND VOCATIONAL  PROGRAMS  THAT  SHALL  BE
CONSIDERED  IN  FUTURE  YEARS FOR THE PURPOSE OF MAKING NECESSARY CALCU-
LATIONS PURSUANT TO THIS PARAGRAPH AND PARAGRAPH B-2 OF THIS SECTION.

S. 2607--B                         35                         A. 3007--B

  B-2. (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  WITHIN
AMOUNTS APPROPRIATED THEREFOR, THE STATE UNIVERSITY OF NEW YORK AND CITY
UNIVERSITY  OF  NEW  YORK SHALL MAKE AWARDS TO COMMUNITY COLLEGES FROM A
NEXT GENERATION NY JOB LINKAGE PROGRAM  INCENTIVE  FUND  ON  A  PRO-RATA
BASIS  IN  ACCORDANCE WITH A METHODOLOGY AND IN A FORM AND MANNER DEVEL-
OPED BY THE DIRECTOR OF THE  BUDGET,  IN  CONSULTATION  WITH  THE  STATE
UNIVERSITY AND CITY UNIVERSITY, BASED ON MEASURES OF STUDENT SUCCESS FOR
ALL STUDENTS ENROLLED IN PROGRAMS THAT MEET THE REQUIREMENTS OF SUBPARA-
GRAPH (I) OF PARAGRAPH B-1 OF THIS SUBDIVISION INCLUDING, BUT NOT LIMIT-
ED TO:
  (A)  THE  NUMBER  OF  STUDENTS  WHO  ARE  EMPLOYED FOLLOWING DEGREE OR
CERTIFICATE COMPLETION AND THEIR WAGE GAINS, IF ANY,  AS  DETERMINED  BY
THE  DEPARTMENT  OF  LABOR,  WHICH SHALL BE GIVEN THE GREATEST WEIGHTING
AMONG ALL MEASURES OF STUDENT SUCCESS;
  (B) THE NUMBER OF  ON-TIME  DEGREE  COMPLETIONS,  ON-TIME  CERTIFICATE
COMPLETIONS AND STUDENT TRANSFERS TO OTHER INSTITUTIONS OF HIGHER EDUCA-
TION;
  (C) THE NUMBER OF DEGREES AND CERTIFICATE COMPLETIONS THAT DO NOT MEET
THE  ON-TIME  REQUIREMENT OF CLAUSE (B) OF THIS SUBPARAGRAPH WHICH SHALL
BE GIVEN LESSER WEIGHT THAN CLAUSE (B);
  (D) THE NUMBER OF DEGREE AND CERTIFICATE COMPLETIONS UNDER CLAUSES (B)
AND (C) OF  THIS  SUBPARAGRAPH  BY  A  STUDENT  CONSIDERED  ACADEMICALLY
AT-RISK  DUE TO ECONOMIC DISADVANTAGE OR OTHER FACTOR OF UNDER-REPRESEN-
TATION WITHIN THE FIELD OF STUDY; AND
  (E)  THE  NUMBER  OF  STUDENTS  WHO  MAKE  ADEQUATE  PROGRESS  TOWARDS
COMPLETION  OF  A  DEGREE  OR CERTIFICATE, WHICH MAY INCLUDE ACCELERATED
COMPLETION OF A DEVELOPMENTAL EDUCATION PROGRAM.
  (II) ON OR BEFORE DECEMBER FIRST OF EACH YEAR, OR AN ALTERNATIVE  DATE
AS  DETERMINED  BY  THE  DIRECTOR OF THE BUDGET IN CONSULTATION WITH THE
STATE UNIVERSITY AND CITY UNIVERSITY, THE STATE UNIVERSITY TRUSTEES  AND
THE  CITY  UNIVERSITY  TRUSTEES SHALL EACH SUBMIT A PLAN FOR APPROVAL BY
THE DIRECTOR OF THE BUDGET TO ALLOCATE AMOUNTS AVAILABLE  FOR  THE  NEXT
GENERATION NY JOB LINKAGE PROGRAM INCENTIVE FUND IN ACCORDANCE WITH THIS
PARAGRAPH.
  S 2. This act shall take effect immediately.

                                 PART E

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  C  of  chapter  57  of  the  laws  of 2012, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal to at least [$135.00] $137.00 for each month beginning on or after
January first, two thousand [twelve] THIRTEEN.
  (b)  in  the  case  of  each individual receiving residential care, an
amount equal to at least [$155.00] $158.00 for each month  beginning  on
or after January first, two thousand [twelve] THIRTEEN.
  (c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at  least  [$184.00]  $187.00  for  each  month
beginning on or after January first, two thousand [twelve] THIRTEEN.
  (d)  for  the period commencing January first, two thousand [thirteen]
FOURTEEN, the monthly personal needs allowance shall be an amount  equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:

S. 2607--B                         36                         A. 3007--B

  (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
subdivision; and
  (2)  the  amount  in subparagraph one of this paragraph, multiplied by
the percentage of any  federal  supplemental  security  income  cost  of
living adjustment which becomes effective on or after January first, two
thousand  [thirteen] FOURTEEN, but prior to June thirtieth, two thousand
[thirteen] FOURTEEN, rounded to the nearest whole dollar.
  S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
section  209 of the social services law, as amended by section 2 of part
C of chapter 57 of the laws of 2012, are amended to read as follows:
  (a) On and after January first, two thousand [twelve] THIRTEEN, for an
eligible individual living alone, [$785.00] $797.00; and for an eligible
couple living alone, [$1152.00] $1170.00.
  (b) On and after January first, two thousand [twelve] THIRTEEN, for an
eligible individual living with others with or without  in-kind  income,
[$721.00] $733.00; and for an eligible couple living with others with or
without in-kind income, [$1094.00] $1112.00.
  (c)  On  and  after January first, two thousand [twelve] THIRTEEN, (i)
for an eligible individual receiving family care, [$964.48]  $976.48  if
he  or  she is receiving such care in the city of New York or the county
of Nassau, Suffolk, Westchester or Rockland; and (ii)  for  an  eligible
couple  receiving  family  care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other  county  in  the  state,  [$926.48]
$938.48;  and  (iv)  for  an  eligible couple receiving such care in any
other county in the state, two times the amount set  forth  in  subpara-
graph (iii) of this paragraph.
  (d)  On  and  after January first, two thousand [twelve] THIRTEEN, (i)
for  an  eligible  individual  receiving  residential  care,  [$1133.00]
$1145.00  if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
eligible  couple  receiving  residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care  in  any  other  county  in  the
state,  [$1103.00]  $1115.00;  and (iv) for an eligible couple receiving
such care in any other county in the state, two  times  the  amount  set
forth in subparagraph (iii) of this paragraph.
  (e)  (i)  On  and after January first, two thousand [twelve] THIRTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
[$1392.00]  $1404.00; and (ii) for an eligible couple receiving enhanced
residential care, two times the amount set forth in subparagraph (i)  of
this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision  shall  be  increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which  become
effective  on  or  after January first, two thousand [thirteen] FOURTEEN
but prior to June thirtieth, two thousand [thirteen] FOURTEEN.
  S 3. This act shall take effect December 31, 2013.

                                 PART F

  Section 1. Title 1 of article  2-A  of  the  social  services  law  is
REPEALED.

S. 2607--B                         37                         A. 3007--B

  S  2. The private housing finance law is amended by adding a new arti-
cle 28 to read as follows:
                               ARTICLE 28
                 HOMELESS HOUSING AND ASSISTANCE PROGRAM
SECTION 1223. LEGISLATIVE FINDINGS AND PURPOSE.
        1224. DEFINITIONS.
        1225. HOMELESS HOUSING AND ASSISTANCE CONTRACTS.
        1226. GENERAL AND ADMINISTRATIVE PROVISIONS.
  S 1223. LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS
THAT  THE  NEED  CONTINUES  TO  EXIST FOR A PROGRAM TO PROVIDE MONIES TO
NOT-FOR-PROFIT  CORPORATIONS,  CHARITABLE  ORGANIZATIONS,  WHOLLY  OWNED
SUBSIDIARIES  OF  NOT-FOR-PROFIT CORPORATIONS OR OF CHARITABLE ORGANIZA-
TIONS,  PUBLIC  CORPORATIONS  AND  MUNICIPALITIES  TO  DEVELOP,  EXPAND,
PRESERVE  AND IMPROVE THE SUPPLY OF SHELTER AND OTHER SUPPORTIVE HOUSING
ARRANGEMENTS FOR HOMELESS PERSONS. THIS PROGRAM SHALL NOW BE OVERSEEN BY
THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL,  THE  STATE  AGENCY
THAT   HAS   PRIMARY   RESPONSIBILITY   FOR  AND  EXPERTISE  IN  CAPITAL
CONSTRUCTION AND ASSET MANAGEMENT. THE STATE  DIVISION  OF  HOUSING  AND
COMMUNITY  RENEWAL, IN CONJUNCTION WITH THE HOMELESS HOUSING AND ASSIST-
ANCE CORPORATION, SHALL CONSULT WITH THE OFFICE OF TEMPORARY  AND  DISA-
BILITY ASSISTANCE, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM
AND  SUBSTANCE  ABUSE SERVICES AND SUCH OTHER APPROPRIATE AGENCIES AS IT
MAY DEEM NECESSARY IN ORDER TO EFFECTUATE THE PURPOSES OF THIS  ARTICLE.
IN  ADDITION,  THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL
CONSULT WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE IN REGARD
TO THE REVIEW OF THE COMPONENTS OF PROPOSED PROJECT OPERATING  PLANS  AS
REFERENCED IN PARAGRAPHS (B), (C) AND (D) OF SUBDIVISION FOUR OF SECTION
TWELVE HUNDRED TWENTY-FIVE OF THIS ARTICLE.
  S  1224.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE  CONTEXT  CLEARLY  REQUIRES
OTHERWISE:
  1. "CORPORATION" SHALL MEAN THE HOMELESS HOUSING AND ASSISTANCE CORPO-
RATION ESTABLISHED IN SECTION FORTY-FIVE-C OF THIS CHAPTER.
  2. "HOMELESS PROJECT" SHALL MEAN A SPECIFIC FACILITY, INCLUDING LANDS,
BUILDINGS AND IMPROVEMENTS ACQUIRED, CONSTRUCTED, RENOVATED OR REHABILI-
TATED AND OPERATED BY A NOT-FOR-PROFIT CORPORATION, CHARITABLE ORGANIZA-
TION,  WHOLLY  OWNED  SUBSIDIARY OF A NOT-FOR-PROFIT CORPORATION OR OF A
CHARITABLE  ORGANIZATION,  PUBLIC  CORPORATION  OR  A  MUNICIPALITY   TO
INCREASE THE AVAILABILITY OF HOUSING FOR HOMELESS PERSONS, WHICH (A) MAY
INCLUDE  FACILITIES  FOR  ASSOCIATED SERVICES SUCH AS BUT NOT LIMITED TO
DINING,  RECREATIONAL,  SANITARY,  SOCIAL,  MEDICAL  AND  MENTAL  HEALTH
SERVICES  AS  MAY BE DEEMED BY THE CORPORATION TO BE ESSENTIAL TO SUCH A
PROJECT; AND (B) MUST PROVIDE DIRECTLY OR ARRANGE INDIRECTLY  SUPPORTIVE
SERVICES,  AS  DEEMED  BY THE CORPORATION TO BE APPROPRIATE TO THE POPU-
LATION TO BE HOUSED AND ESSENTIAL TO SUCH A PROJECT.
  3. "HOMELESS PERSON" SHALL MEAN A PERSON OR FAMILY WHO  IS  UNABLE  TO
SECURE  PERMANENT  AND  STABLE  HOUSING  WITHOUT  SPECIAL ASSISTANCE, AS
DETERMINED BY THE CORPORATION.
  4. "PROJECT COST" SHALL MEAN THE  COST  OF  ANY  OR  ALL  UNDERTAKINGS
NECESSARY   FOR   PLANNING,  FINANCING,  LAND  ACQUISITION,  DEMOLITION,
CONSTRUCTION, REHABILITATION, EQUIPMENT, FURNITURE AND SITE DEVELOPMENT.
  5. "OTHER THAN PROJECT COST" SHALL MEAN COSTS ASSOCIATED WITH SUSTAIN-
ING THE LONG-TERM VIABILITY OF THE PROJECT, INCLUDING, BUT  NOT  LIMITED
TO  STARTUP  COSTS, RESERVES, EMERGENT REPAIR NEEDS AND RELATED COSTS TO
THE CORPORATION OF STABILIZING OPERATING PROJECTS,  AS  MAY  BE  FURTHER

S. 2607--B                         38                         A. 3007--B

DEFINED  IN  THE  REGULATIONS  AND  SUBJECT TO THE LIMITATIONS STATED IN
SUBDIVISION NINE OF SECTION TWELVE HUNDRED TWENTY-FIVE OF THIS ARTICLE.
  6.  "NOT-FOR-PROFIT  CORPORATION"  AND "CHARITABLE ORGANIZATION" SHALL
MEAN ENTITIES ESTABLISHED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW
OR OTHERWISE ESTABLISHED PURSUANT TO LAW.
  7. "PUBLIC CORPORATION" SHALL MEAN A MUNICIPAL CORPORATION, A DISTRICT
CORPORATION, OR A PUBLIC BENEFIT CORPORATION.
  S 1225. HOMELESS HOUSING  AND  ASSISTANCE  CONTRACTS.  1.  WITHIN  THE
LIMITS  OF  FUNDS  APPROPRIATED  FOR THE HOMELESS HOUSING AND ASSISTANCE
PROGRAM, THE CORPORATION IS AUTHORIZED  TO  ENTER  INTO  CONTRACTS  WITH
MUNICIPALITIES  TO  PROVIDE  STATE  FINANCIAL ASSISTANCE FOR THE PROJECT
COSTS ATTRIBUTABLE TO THE ESTABLISHMENT OF  HOMELESS  HOUSING  PROJECTS.
THE  MUNICIPALITIES THAT ENTER INTO CONTRACTS WITH THE CORPORATION SHALL
UNDERTAKE THE ESTABLISHMENT OF THE HOMELESS  HOUSING  PROJECT  OR  SHALL
CONTRACT WITH A NOT-FOR-PROFIT CORPORATION OR CHARITABLE ORGANIZATION TO
UNDERTAKE THE PROJECT, PURSUANT TO THIS ARTICLE.
  2.  SUBJECT  TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE CORPO-
RATION IS AUTHORIZED TO ENTER INTO CONTRACTS WITH NOT-FOR-PROFIT  CORPO-
RATIONS  OR  SUBSIDIARIES  THEREOF,  PUBLIC  CORPORATIONS  OR CHARITABLE
ORGANIZATIONS OR SUBSIDIARIES THEREOF TO PROVIDE STATE FINANCIAL ASSIST-
ANCE FOR THE PROJECT COSTS ATTRIBUTABLE TO THE ESTABLISHMENT OF HOMELESS
PROJECTS.
  3. THE STATE FINANCIAL ASSISTANCE SHALL BE  IN  THE  FORM  OF  GRANTS,
LOANS  OR  LOAN  GUARANTEES, AS THE CORPORATION MAY DETERMINE; PROVIDED,
HOWEVER, THAT FINANCIAL ASSISTANCE TO A FOR-PROFIT SUBSIDIARY OF A  NOT-
FOR-PROFIT  CORPORATION  OR  OF A CHARITABLE ORGANIZATION MUST BE IN THE
FORM OF A LOAN OR LOAN GUARANTEE. ANY LOAN TO  A  FOR-PROFIT  SUBSIDIARY
SHALL BE REPAID UNDER SUCH TERMS AS WILL PROTECT THE FINANCIAL VIABILITY
OF  THE PROJECT.  SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET,
THE CORPORATION MAY CONTRACT WITH OTHER STATE AGENCIES,  PUBLIC  BENEFIT
CORPORATIONS  OR PRIVATE INSTITUTIONS TO ADMINISTER A LOAN OR LOAN GUAR-
ANTEE PROGRAM PURSUANT TO REGULATIONS TO BE PROMULGATED  BY  THE  CORPO-
RATION.
  4.  THE  CORPORATION  SHALL  REQUIRE  THAT,  IN ORDER TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, THE MUNICIPALITY,  NOT-FOR-PROFIT  CORPORATION
OR  SUBSIDIARY THEREOF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR
SUBSIDIARY THEREOF MUST  SUBMIT  AN  OPERATING  PLAN.  SUCH  PLAN  SHALL
INCLUDE:
  (A) THE MANNER IN WHICH THE OPERATING EXPENSES OF THE PROJECT SHALL BE
MET;
  (B)  THE SERVICES THAT WILL BE PROVIDED TO HOMELESS PERSONS, INCLUDING
PROCEDURES FOR INTAKE, REFERRAL AND OUTREACH;
  (C) THE RESPONSIBILITIES  OF  THE  MUNICIPALITY  AND  SOCIAL  SERVICES
DISTRICT FOR THE OPERATION OF THE PROJECT;
  (D) THE SPECIFIC POPULATION THAT WILL BE SERVED BY THE PROJECT AND HOW
THE PROJECT WILL ADDRESS THE POPULATION'S SPECIAL NEEDS;
  (E) THE CATEGORY OF FACILITY PROPOSED TO BE ESTABLISHED;
  (F)  EVIDENCE  DEMONSTRATING THAT SUCH PROJECT COMPLIES OR WILL COMPLY
WITH EXISTING LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS; AND
  (G) A RENT OR OTHER REVENUE STRUCTURE THAT IS AFFORDABLE TO THE  POPU-
LATION TO BE HOUSED.
  5.  THE CORPORATION MAY USE UP TO TWO PERCENT OF THE APPROPRIATION FOR
ANY FISCAL YEAR TO PAY FOR TECHNICAL ASSISTANCE IN  SUPPORT  OF  PROJECT
DEVELOPMENT  AND  OPERATION. TECHNICAL ASSISTANCE MAY INCLUDE ASSISTANCE
WITH GENERAL PROJECT DEVELOPMENT AND OPERATION, SUPPORT SERVICES  DEVEL-
OPMENT,  ARCHITECTURE  AND  ENGINEERING,  LEGAL  SERVICES  AND FINANCIAL

S. 2607--B                         39                         A. 3007--B

SERVICES AND MAY BE PROVIDED BY INDIVIDUALS AND NOT-FOR-PROFIT OR  BUSI-
NESS CORPORATIONS. THE PROVIDERS OF TECHNICAL ASSISTANCE SHALL BE CHOSEN
BY  THE  CORPORATION  BASED ON SUCH INFORMATION AS THE CORPORATION SHALL
REQUIRE  IN  A REQUEST FOR PROPOSALS OR IN ANY OTHER COMPETITIVE PROCESS
WHICH SATISFIES THE PROVISIONS OF THE STATE FINANCE LAW.
  6. PRIOR TO ENTERING INTO A CONTRACT FOR THE ESTABLISHMENT AND  OPERA-
TION  OF  A  HOMELESS  PROJECT PURSUANT TO THIS SECTION, THE CORPORATION
SHALL DETERMINE THAT THE NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THERE-
OF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY  THEREOF
THAT PROPOSES TO UNDERTAKE THE HOMELESS PROJECT IS A BONA FIDE ORGANIZA-
TION  WHICH  SHALL  HAVE DEMONSTRATED BY ITS PAST AND CURRENT ACTIVITIES
THAT IT  HAS  THE  ABILITY  TO  MAINTAIN,  MANAGE  OR  OPERATE  HOMELESS
PROJECTS,  THAT  THE  ORGANIZATION  IS FINANCIALLY RESPONSIBLE, THAT THE
PROPOSED PROJECT IS FINANCIALLY VIABLE AND THAT  THE  PROJECT  PLAN  HAS
BEEN  DETERMINED  TO BE APPROPRIATE FOR THE NEEDS OF THE HOMELESS IN THE
RELEVANT COMMUNITY.
  7. EVERY CONTRACT ENTERED INTO FOR THE ESTABLISHMENT AND OPERATION  OF
A  HOMELESS  PROJECT  PURSUANT TO THIS ARTICLE SHALL CONTAIN A PROVISION
THAT IN THE EVENT THE PROPERTY WHICH IS THE  SUBJECT  OF  SUCH  CONTRACT
CEASES  TO  BE  USED  AS A HOMELESS PROJECT DURING A FIFTEEN-YEAR PERIOD
COMMENCING WITH THE DATE OF THE CORPORATION'S WRITTEN APPROVAL OF  OCCU-
PANCY  OF  THE HOMELESS PROJECT, OR SUCH LONGER PERIOD OF TIME AS MAY BE
ESTABLISHED IN THE  CONTRACT,  OR  IN  CASE  OF  ANY  OTHER  SUBSTANTIAL
VIOLATION,  THE  CORPORATION  MAY TERMINATE THE CONTRACT AND MAY REQUIRE
THE REPAYMENT OF ANY MONEYS PREVIOUSLY  ADVANCED  TO  THE  MUNICIPALITY,
NOT-FOR-PROFIT  CORPORATION OR SUBSIDIARY THEREOF, PUBLIC CORPORATION OR
CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF PURSUANT TO THE  TERMS  OF
SUCH CONTRACT. WHERE THE MUNICIPALITY HAS ENTERED INTO A CONTRACT WITH A
NOT-FOR-PROFIT  CORPORATION OR SUBSIDIARY THEREOF, PUBLIC CORPORATION OR
CHARITABLE ORGANIZATION OR  SUBSIDIARY  THEREOF,  THE  CORPORATION  MAY,
PURSUANT  TO  THIS  SUBDIVISION, REQUIRE THAT THE MUNICIPALITY TERMINATE
THE CONTRACT WITH SUCH CORPORATION. ANY MONEY REPAID  PURSUANT  TO  THIS
SUBDIVISION  SHALL  BE  RETURNED  TO THE HOMELESS HOUSING AND ASSISTANCE
ACCOUNT.
  8. EACH CONTRACT ENTERED INTO FOR THE ESTABLISHMENT AND OPERATION OF A
HOMELESS PROJECT PURSUANT TO  THIS  ARTICLE  SHALL  BE  SUBJECT  TO  THE
APPROVAL  OF THE DIRECTOR OF THE BUDGET AND SHALL PROVIDE FOR PAYMENT TO
THE MUNICIPALITY,  NOT-FOR-PROFIT  CORPORATION  OR  SUBSIDIARY  THEREOF,
PUBLIC  CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF FOR
THE PROJECT COSTS RELATED TO THE HOMELESS PROJECT TO BE  ESTABLISHED  BY
IT, PURSUANT TO A PAYMENT SCHEDULE.  THE FULL AMOUNT OF THE CONTRACT, OR
ANY  APPROPRIATE  PORTION  THEREOF, AS DETERMINED BY THE CORPORATION AND
SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL  BE  AVAIL-
ABLE  FOR  PAYMENT  AT  ANY  TIME  ON OR AFTER THE EFFECTIVE DATE OF THE
CONTRACT.
  9. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  ARTICLE,  THE  CORPO-
RATION MAY, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, ENTER
INTO  CONTRACTS  TO  PROVIDE FINANCIAL ASSISTANCE FOR OTHER THAN PROJECT
COSTS WHERE SUCH FINANCIAL ASSISTANCE CAN BE DEMONSTRATED TO  BE  NECES-
SARY; PROVIDED, HOWEVER, THAT NO MORE THAN TWENTY-FIVE PER CENTUM OF THE
TOTAL AMOUNT APPROPRIATED FOR THE PURPOSES OF THIS ARTICLE IN ANY FISCAL
YEAR  SHALL  BE  ALLOCATED IN CONTRACTS FOR OTHER THAN PROJECT COSTS. IN
DETERMINING WHETHER FINANCIAL ASSISTANCE FOR OTHER THAN PROJECT COSTS IS
NECESSARY, THE CORPORATION SHALL CONSIDER THE  PROPOSED  PROJECT'S  PLAN
FOR  MEETING  OPERATING  EXPENSES,  THE  EFFORTS MADE BY THE CONTRACTING
ORGANIZATIONS TO SECURE ALTERNATIVE SOURCES OF FUNDING  FOR  OTHER  THAN

S. 2607--B                         40                         A. 3007--B

PROJECT  COSTS,  AND  SUCH  OTHER  FACTORS AS THE CORPORATION SHALL DEEM
APPROPRIATE.
  10.  THE MUNICIPALITY, NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THERE-
OF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY  THEREOF
SEEKING  FINANCIAL  ASSISTANCE  PURSUANT  TO  THIS ARTICLE SHALL, WITHIN
THIRTY DAYS OF ITS APPLICATION FOR SUCH  ASSISTANCE,  NOTIFY  THE  LOCAL
PLANNING  BOARD,  AS DEFINED BY SECTION TWENTY-SEVEN OF THE GENERAL CITY
LAW, SECTION TWO HUNDRED SEVENTY-ONE OF THE TOWN LAW, OR  SECTION  7-718
OF  THE  VILLAGE  LAW,  APPROPRIATE FOR THE GEOGRAPHIC AREA IN WHICH THE
PROPOSED HOMELESS PROJECT WOULD BE LOCATED, AND SHALL PROVIDE SUCH BOARD
WITH INFORMATION REGARDING THE PROPOSED HOMELESS PROJECT.
  S 1226. GENERAL AND  ADMINISTRATIVE  PROVISIONS.  1.  THE  CORPORATION
SHALL  ISSUE AND PROMULGATE RULES AND REGULATIONS FOR THE ADMINISTRATION
OF THIS ARTICLE. THE RULES AND  REGULATIONS  SHALL  PROVIDE  THAT  STATE
FINANCIAL  ASSISTANCE  PURSUANT  TO  THIS  ARTICLE WILL NOT BE AVAILABLE
UNLESS AN APPLICATION HAS BEEN FILED BY THE MUNICIPALITY, NOT-FOR-PROFIT
CORPORATION OR SUBSIDIARY  THEREOF,  PUBLIC  CORPORATION  OR  CHARITABLE
ORGANIZATION  OR  SUBSIDIARY THEREOF PURSUANT TO A REQUEST FOR PROPOSALS
ISSUED BY THE CORPORATION.  THE  RULES  AND  REGULATIONS  SHALL  INCLUDE
PROVISIONS  CONCERNING  ELIGIBILITY  OF  MUNICIPALITIES  AND CONTRACTING
NOT-FOR-PROFIT CORPORATIONS OR SUBSIDIARIES THEREOF, PUBLIC CORPORATIONS
AND CHARITABLE ORGANIZATIONS OR SUBSIDIARIES THEREOF FOR STATE FINANCIAL
ASSISTANCE; THE FORM OF THE APPLICATIONS FOR CONTRACTS; FUNDING CRITERIA
AND THE FUNDING DETERMINATION PROCESS; THE FORM OF THE CONTRACTS; SUPER-
VISION AND EVALUATION OF THE CONTRACTING MUNICIPALITIES OR CORPORATIONS;
REPORTING, BUDGETING AND  RECORD-KEEPING  REQUIREMENTS;  PROVISIONS  FOR
MODIFICATION,  TERMINATION, EXTENSION AND RENEWAL OF CONTRACTS; AND SUCH
OTHER MATTERS NOT INCONSISTENT WITH THE PURPOSES AND PROVISIONS OF  THIS
ARTICLE AS THE CORPORATION SHALL DEEM NECESSARY, PROPER OR APPROPRIATE.
  2.  THE  CORPORATION  MAY PROVIDE THAT PREFERENCE BE GIVEN TO CONTRACT
APPLICATIONS THAT (A) INVOLVE OTHER SOURCES OF FUNDS (MUNICIPAL, FEDERAL
OR ANY SOURCE OTHER THAN THE STATE), IN-KIND CONTRIBUTIONS MADE BY  SUCH
SOURCES, OR INVOLVE PROJECTS RECEIVING STATE FINANCIAL ASSISTANCE PURSU-
ANT  TO  CHAPTERS  THREE HUNDRED THIRTY-EIGHT, THREE HUNDRED THIRTY-NINE
AND FIVE HUNDRED FORTY-NINE OF THE LAWS OF NINETEEN HUNDRED  EIGHTY-TWO,
IN  ORDER  TO  MAXIMIZE  THE EFFECT OF STATE FINANCIAL ASSISTANCE OR (B)
INVOLVE INNOVATIVE AND COST-EFFECTIVE HOMELESS PROJECTS  THAT  MAY  HELP
RESOLVE  THE LONG-TERM PROBLEMS OF THE HOMELESS OR (C) INVOLVE THE REHA-
BILITATION OF EXISTING STRUCTURES.
  3. THE CORPORATION SHALL EVALUATE THE NEED FOR  HOMELESS  PROJECTS  IN
VARIOUS AREAS OF THE STATE AND AMONG VARIOUS POPULATIONS, INCLUDING, BUT
NOT  LIMITED  TO,  HOMELESS  MEN,  WOMEN,  FAMILIES,  PERSONS WITH AIDS,
PERSONS WITH SUBSTANCE ABUSE ISSUES AND/OR MENTAL  ILLNESS,  VICTIMS  OF
DOMESTIC  VIOLENCE,  VETERANS,  RUNAWAY  YOUTH,  AS  IDENTIFIED IN LOCAL
ASSESSMENTS OF NEEDS, AND SHALL ALLOCATE FUNDS, TO THE EXTENT  PRACTICA-
BLE, TO MEET THESE NEEDS; PROVIDED, HOWEVER, THAT NO MORE THAN SIXTY PER
CENTUM  OF THE TOTAL AMOUNT APPROPRIATED PURSUANT TO THIS ARTICLE IN ANY
FISCAL YEAR SHALL BE ALLOCATED TO CONTRACTS FOR HOMELESS PROJECTS WITHIN
ANY SINGLE MUNICIPALITY, UNLESS THE CORPORATION DETERMINES THAT IT IS IN
THE BEST INTEREST OF THE STATE IN FURTHERANCE OF THE  PURPOSES  OF  THIS
ARTICLE.
  4.  THE  CORPORATION  SHALL PROVIDE FOR THE REVIEW, AT PERIODIC INTER-
VALS, OF THE PERFORMANCE OF THE  MUNICIPALITIES,  NOT-FOR-PROFIT  CORPO-
RATIONS  OR  SUBSIDIARIES  THEREOF,  PUBLIC  CORPORATIONS AND CHARITABLE
ORGANIZATIONS OR SUBSIDIARIES  THEREOF  RECEIVING  FINANCIAL  ASSISTANCE
PURSUANT TO THIS ARTICLE.  SUCH REVIEW SHALL, AMONG OTHER THINGS, BE FOR

S. 2607--B                         41                         A. 3007--B

THE  PURPOSES  OF ASCERTAINING CONFORMITY TO CONTRACTUAL PROVISIONS, THE
FINANCIAL INTEGRITY AND EFFICIENCY OF THE ORGANIZATIONS AND  THE  EVALU-
ATION  OF  THE  PROJECT. CONTRACTS ENTERED INTO PURSUANT TO THIS ARTICLE
MAY  BE  TERMINATED  BY  THE  CORPORATION  UPON A FINDING OF SUBSTANTIAL
NONPERFORMANCE OR OTHER BREACH BY THE ORGANIZATION  OF  ITS  OBLIGATIONS
UNDER ITS CONTRACT WITH THE MUNICIPALITY.
  5.  THE  CORPORATION  SHALL  REQUIRE  THAT  ALL HOMELESS PROJECTS THAT
RECEIVED FINANCIAL ASSISTANCE PURSUANT TO THIS ARTICLE SHALL COMPLY WITH
ALL REGULATIONS APPLICABLE TO PROJECTS OF THIS TYPE PROMULGATED  BY  THE
CORPORATION AND OTHER MUNICIPAL, STATE AND FEDERAL REGULATIONS AND LAWS.
THE  CORPORATION  MAY  TERMINATE  ANY  CONTRACT  UPON  A  FINDING THAT A
SUBSTANTIAL VIOLATION OF SUCH REGULATIONS OR LAWS  HAS  REMAINED  UNCOR-
RECTED FOR A SUBSTANTIAL PERIOD OF TIME.
  6. ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND FOURTEEN AND ON OR BEFORE
FEBRUARY  FIRST  OF  EACH  YEAR THEREAFTER IN WHICH CONTRACTS UNDER THIS
SECTION ARE IN FORCE, THE CORPORATION SHALL SUBMIT TO THE GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY A
REPORT DETAILING PROGRESS  AND  EVALUATING  RESULTS,  TO  DATE,  OF  THE
PROGRAM.
  7.  NOTWITHSTANDING  THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW, THE
DIRECTOR OF THE BUDGET IS AUTHORIZED TO TRANSFER TO THE HOMELESS HOUSING
AND ASSISTANCE ACCOUNT FUNDS OTHERWISE APPROPRIATED OR REAPPROPRIATED TO
HOUSING AND COMMUNITY RENEWAL FOR THE  FISCAL  YEARS  BEGINNING  ON  AND
AFTER  APRIL  FIRST,  TWO THOUSAND THIRTEEN, IN AN AMOUNT OR AMOUNTS THE
DIRECTOR OF THE BUDGET DETERMINES TO  BE  NECESSARY  TO  CARRY  OUT  THE
PROVISIONS OF THE HOMELESS HOUSING AND ASSISTANCE PROGRAM.
  S  3.  Subdivisions 2, 3, 3-a, 8 and 10 of section 45-c of the private
housing finance law, as added by chapter 215 of the laws  of  1990,  are
amended to read as follows:
  2.  The  agency  may transfer to such subsidiary corporation any real,
personal or mixed property in order to carry out the purposes of  [title
one of article two-A of the social services law] ARTICLE TWENTY-EIGHT OF
THIS CHAPTER. Such subsidiary corporation shall have all the privileges,
immunities,  tax  exemption  and  other  exemptions of the agency to the
extent the same are not inconsistent with this section.
  3. The membership of such subsidiary corporation shall consist of  the
commissioner  of  [social  services]  THE  STATE DIVISION OF H