[ ] is old law to be omitted.
                                                           LBD12672-05-6
S. 6406--C                          2                         A. 9006--C
  preparation  education aid and in relation to the effectiveness there-
  of; to amend the state finance law, in relation to the New York  state
  teen  health education fund; 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,
  in  relation  to the effectiveness thereof; to amend chapter 82 of the
  laws of 1995, amending the education law and other  laws  relating  to
  state  aid  to school districts and the appropriation of funds for the
  support of government, in relation to the  effectiveness  thereof;  to
  amend  chapter  147  of  the  laws of 2001, amending the education law
  relating to conditional appointment of school district, charter school
  or BOCES employees, in relation to the effectiveness thereof; to amend
  chapter 425 of the laws of 2002, amending the education  law  relating
  to the provision of supplemental educational services, attendance at a
  safe public school and the suspension of pupils who bring a firearm to
  or  possess  a  firearm  at a school, in relation to the effectiveness
  thereof; to amend chapter 101 of the laws of 2003, amending the educa-
  tion law relating to implementation of the No Child Left Behind Act of
  2001, in relation to the effectiveness thereof; relates to school  bus
  driver  training; relates to special apportionment for salary expenses
  and public pension accruals; relates to  suballocations  of  appropri-
  ations; relates to the development, maintenance or expansion of magnet
  schools;  relates to the support of public libraries; to amend chapter
  121 of the laws of 1996 relating to authorizing  the  Roosevelt  union
  free  school  district  to  finance deficits by the issuance of serial
  bonds, in relation to certain apportionments; to amend  the  education
  law, in relation to aid for employment preparation education programs;
  to  direct  the commissioner of education to examine the reduced price
  lunch program; to amend the education law, in  relation  to  extending
  the apportionment of public moneys to school districts employing eight
  or  more  teachers; and to direct the commissioner of education on how
  to recover certain penalties (Part A); to amend the education law,  in
  relation  to  school  emergency response plans (Part B); intentionally
  omitted (Part C); to amend the  education  law,  in  relation  to  the
  NY-SUNY  2020 challenge grant program act; and to amend chapter 260 of
  the laws of 2011, amending the education law and the  New  York  state
  urban  development corporation act relating to establishing components
  of the NY 2020 challenge grant program, in relation to the  effective-
  ness  thereof (Part D); to amend the state finance law, in relation to
  the creation of the SUNY Stony Brook Affiliation escrow fund (Part E);
  intentionally omitted (Part F); to amend chapter 161 of  the  laws  of
  2005  amending  the  education  law  relating  to  the  New York state
  licensed social worker loan forgiveness program, in  relation  to  the
  effectiveness  thereof;  to  amend part V of chapter 57 of the laws of
  2005 amending the education law relating to the New York state nursing
  faculty loan forgiveness incentive program  and  the  New  York  state
  nursing  faculty scholarship program, in relation to the effectiveness
  thereof; to amend chapter 31 of the laws of 1985 amending  the  educa-
  tion  law  relating to regents scholarships in certain professions, in
  relation to the effectiveness thereof; and to amend the education law,
  in relation to forgiving loans upon the death of the  recipient  (Part
  G);  intentionally  omitted  (Part H); intentionally omitted (Part I);
  intentionally omitted (Part J); to amend the labor law, in relation to
  the rate of minimum wage; and to repeal certain provisions of such law
  relating thereto (Part K); intentionally omitted (Part  L);  to  amend
  the  family  court  act,  in relation to findings that must be made at
S. 6406--C                          3                         A. 9006--C
  permanency hearings, and to amend the social services law, in relation
  to guardianship expenses, the reasonable and prudent  parent  standard
  and  the  criminal  history of prospective foster and adoptive parents
  (Part M); intentionally omitted (Part N); 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 O); to
  utilize reserves in the mortgage insurance fund  for  various  housing
  purposes  (Part  P); to amend part D of chapter 58 of the laws of 2011
  amending the education law relating to capital facilities  in  support
  of  the  state  university and community colleges, procurement and the
  state university health care facilities, in relation to the effective-
  ness thereof (Part Q); to amend the  education  law,  in  relation  to
  income  for  the  purposes of student financial aid (Part R); to amend
  part K of chapter 58 of the laws of 2010 amending the social  services
  law  relating  to establishing the savings plan demonstration project,
  in relation to extending the period of effectiveness thereof (Part S);
  to amend the education law, in relation to associate  of  occupational
  studies  degree  options  (Part  T);  to  amend  the education law, in
  relation to the foster youth college success initiative (Part  U);  to
  amend  the  education  law,  in relation to tuition, aid and placement
  report for all non-public institutions of higher education  (Part  V);
  to amend the social services law, in relation to the powers and duties
  of  the commissioner of social services relating to the appointment of
  a temporary operator; and providing for the repeal of such  provisions
  upon expiration thereof (Part W); to amend the social services law, in
  relation  to  exempting certain automobiles from calculations of bene-
  fits of households under public assistance programs (Part X); to amend
  the social services law, in relation to requiring an explicit  written
  determination  by  the  health  care  practitioner  when the diagnoses
  differ from an applicant's treating health care practitioner (Part Y);
  to amend the retirement  and  social  security  law,  in  relation  to
  authorizing  the  state  as  an  amortizing  employer  to make certain
  prepayments into the retirement system (Part Z); to amend chapter  495
  of  the  laws of 2004 amending the insurance law and the public health
  law relating to the  New  York  state  health  insurance  continuation
  assistance  demonstration  project,  in  relation to the effectiveness
  thereof (Part  AA);  to  amend  the  insurance  law,  in  relation  to
  reduction in rates of property/casualty insurance on residential prop-
  erty  for insureds who complete an approved homeowner natural disaster
  preparedness, home safety and loss prevention  course  (Part  BB);  to
  amend  the  banking  law,  in  relation to utilization of the standard
  financial aid award letter for undergraduate financial aid  applicants
  (Part CC); to amend the education law, in relation to chargeback rates
  for  students of the state university of New York and the city univer-
  sity of New York (Part DD); to amend part U of chapter 55 of the  laws
  of 2014, amending the real property tax law relating to the tax abate-
  ment  and  exemption  for  rent regulated and rent controlled property
  occupied by senior citizens, in relation to extending  the  effective-
  ness  thereof  and  limiting  state liability for reimbursement to the
  city of New York pursuant thereto; and to amend section 4  of  chapter
  129  of  the laws of 2014, amending the real property tax law relating
  to the tax  abatement  and  exemption  for  rent  regulated  and  rent
  controlled property occupied by persons with disabilities, in relation
  to extending the effectiveness thereof (Part EE); authorizing the town
  of  Riverhead, county of Suffolk to refund bonds previously issued for
  the acquisition of land for permanent rights on  land  (Part  FF);  to
S. 6406--C                          4                         A. 9006--C
  amend the volunteer firefighters' benefit law, in relation to increas-
  ing  the  amount  of permanent total disability benefits (Part GG); to
  amend the transportation law, in relation to airport  improvement  and
  revitalization  grants and loans (Part HH); to amend part C of chapter
  58 of the laws of 2005  authorizing  reimbursements  for  expenditures
  made  by or on behalf of social services districts for medical assist-
  ance for needy persons and  administration  thereof,  in  relation  to
  authorizing  the commissioner of health to establish a statewide Medi-
  caid integrity and efficiency initiative; and providing for the repeal
  of such provisions upon expiration thereof (Part II); to amend part  H
  of  chapter 59 of the laws of 2011, amending the public health law and
  other laws relating to known and projected department of health  state
  fund  Medicaid  expenditures,  in  relation  to minimum wage increases
  (Part JJ); to amend the administrative code of the city of  New  York,
  in  relation to police department reporting requirements (Part KK); to
  amend the state finance law, in relation to  establishing  the  Health
  Republic  Insurance of New York fund (Part LL); to amend the executive
  law, in relation to transferring certain functions to the division  of
  state  police  from  the  division  of homeland security and emergency
  services (Part MM); to amend public authorities law,  in  relation  to
  committing the state of New York and the city of New York to partially
  fund  part of the costs of the Metropolitan Transportation Authority's
  capital program (Part NN); to amend the  public  authorities  law,  in
  relation  to  procurements  by the New York City transit authority and
  the metropolitan  transportation  authority;  and  providing  for  the
  repeal  of such provisions upon expiration thereof (Part OO); to amend
  the public authorities law and the general municipal law, in  relation
  to  the New York transit authority and the metropolitan transportation
  authority; and providing for the repeal  of  certain  provisions  upon
  expiration thereof (Part PP); to amend chapter 60 of the laws of 2011,
  amending the New York state urban development corporation act relating
  to  the  new  markets tax credits, in relation to extending the effec-
  tiveness thereof (Part QQ); to amend the public  authorities  law,  in
  relation  to  establishing  the New York state design and construction
  corporation act; and providing for the repeal of such provisions  upon
  expiration  thereof  (Part RR); to amend the workers' compensation law
  and the insurance law, in relation  to  providing  paid  family  leave
  benefits  (Part  SS);  to  amend the public authorities law, the canal
  law, the state finance law, the public officers law,  the  transporta-
  tion  law, and the parks, recreation and historic preservation law, in
  relation to eliminating the canal corporation; and to  repeal  certain
  provisions  of  the public authorities law and the public officers law
  relating thereto (Part TT); and to provide for the  administration  of
  certain  funds and accounts related to the 2016-17 budget, authorizing
  certain payments and transfers; to amend the  state  finance  law,  in
  relation  to  the rainy day reserve fund, the dedicated infrastructure
  investment fund infrastructure investment account, and the school  tax
  relief  fund; to amend the state finance law, in relation to payments,
  transfers and deposits; to amend the state finance law, in relation to
  the period for which appropriations can be made; to  amend  the  state
  finance  law,  in relation to certain reports; to amend chapter 453 of
  the laws of 2015 amending the state finance law relating to tax check-
  off fund, in relation to source of monies; to amend the New York state
  urban development corporation act,  in  relation  to  funding  project
  costs  for  certain capital projects; to amend chapter 389 of the laws
  of 1997, relating to the  financing  of  the  correctional  facilities
S. 6406--C                          5                         A. 9006--C
  improvement  fund and the youth facility improvement fund, in relation
  to the issuance of bonds; to amend the private housing finance law, in
  relation to housing program bonds and notes; to amend chapter  329  of
  the laws of 1991, amending the state finance law and other laws relat-
  ing  to  the  establishment  of the dedicated highway and bridge trust
  fund, in relation to the  issuance  of  bonds;  to  amend  the  public
  authorities  law,  in  relation to the issuance of bonds; to amend the
  public authorities law, in relation to  the  dormitory  authority;  to
  amend  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  issuance  of bonds by the urban development
  corporation; to amend the New York state urban development corporation
  act, in relation to the issuance of bonds; to amend the public author-
  ities law, in  relation  to  the  state  environmental  infrastructure
  projects;  to  amend  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; to amend chapter 81  of  the  laws  of  2002,
  relating  to  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;  to  amend  the  public  authorities law, in
  relation to financing  of  peace  bridge  and  transportation  capital
  projects; to amend the public authorities law, in relation to dormito-
  ries  at  certain  educational  institutions other than state operated
  institutions and statutory or contract colleges under the jurisdiction
  of the state university of New York;  to  amend  the  New  York  state
  medical  care  facilities finance agency act, in relation to bonds and
  mental health facilities improvement notes; to amend chapter 63 of the
  laws of 2005, relating to the composition and responsibilities of  the
  New  York  state  higher  education  capital  matching grant board, in
  relation to increasing  the  amount  of  authorized  matching  capital
  grants; to direct the distribution of local sales tax revenue from the
  city  of New York; to amend the public authorities law, in relation to
  cultural education facilities; to amend chapter 35 of the laws of 1979
  relating to appropriating funds to the New York state  urban  develop-
  ment  corporation,  in  relation  to making technical corrections; and
  providing for the repeal of certain provisions upon expiration thereof
  (Part UU)
  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 2016-2017
state fiscal year. Each component is  wholly  contained  within  a  Part
identified as Parts A through UU. 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.
S. 6406--C                          6                         A. 9006--C
                                 PART A
  Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2015, is amended to read as follows:
  e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
district that submitted a contract for excellence for the  two  thousand
eight--two  thousand nine school year shall submit a contract for excel-
lence for the  two  thousand  nine--two  thousand  ten  school  year  in
conformity  with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the  district  are
identified  as  in  good  standing  and  provided further that, a school
district that submitted a contract for excellence for the  two  thousand
nine--two  thousand  ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract  for  excel-
lence for the two thousand eleven--two thousand twelve school year which
shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the  expenditure
of  an  amount  which  shall  be not less than the product of the amount
approved by the commissioner in the contract for excellence for the  two
thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
district's gap elimination adjustment percentage  and  provided  further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in  the  district  are  identified  as  in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand  thir-
teen  school  year  which  shall,  notwithstanding  the  requirements of
subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
provide  for  the  expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract  for  excellence
for  the  two  thousand  eleven--two  thousand  twelve  school  year and
provided further that, a school district that submitted a  contract  for
excellence  for  the  two  thousand twelve--two thousand thirteen school
year, unless all schools in the  district  are  identified  as  in  good
standing,  shall  submit  a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision  two
of this section, provide for the expenditure of an amount which shall be
not  less  than  the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that,  a  school  district  that  submitted  a
contract  for  excellence  for  the  two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are  identified
as  in good standing, shall submit a contract for excellence for the two
thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
notwithstanding  the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section,  provide  for  the  expenditure  of  an
amount  which  shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year;  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all  schools  in  the
district are identified as in good standing, shall submit a contract for
excellence  for  the  two  thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph  (vi)
of  paragraph  a  of  subdivision  two  of this section, provide for the
S. 6406--C                          7                         A. 9006--C
expenditure of an amount  which  shall  be  not  less  than  the  amount
approved  by the commissioner in the contract for excellence for the two
thousand  fourteen--two  thousand  fifteen  school  year;  AND  PROVIDED
FURTHER  THAT A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE
FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL  YEAR,  UNLESS
ALL  SCHOOLS  IN  THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL
SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND SIXTEEN--TWO THOU-
SAND SEVENTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS
OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS  SECTION,
PROVIDE  FOR  THE  EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN
THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT  FOR  EXCELLENCE
FOR  THE  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND SIXTEEN SCHOOL YEAR. 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 adjust-
ment  computed  pursuant to chapter fifty-three of the laws of two thou-
sand eleven, making appropriations  for  the  local  assistance  budget,
including  support  for  general  support  for public schools. Provided,
further, that such amount shall be  expended  to  support  and  maintain
allowable programs and activities approved in the two thousand nine--two
thousand  ten  school  year  or  to  support  new  or expanded allowable
programs and activities in the current year.
  S 2. The closing paragraph of subdivision 5-a of section 3602  of  the
education  law,  as  amended by section 2 of part A of chapter 56 of the
laws of 2015, 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
[fifteen] SIXTEEN--two thousand [sixteen] SEVENTEEN 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 3. Subdivision 12 of section 3602 of the education law is amended by
adding a fourth undesignated paragraph to read as follows:
  FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, EACH
SCHOOL DISTRICT SHALL BE ENTITLED  TO  AN  APPORTIONMENT  EQUAL  TO  THE
AMOUNT  SET  FORTH  FOR  SUCH  SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT"
UNDER THE HEADING "2015-16 ESTIMATED AIDS" IN THE  SCHOOL  AID  COMPUTER
LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE
TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN  SCHOOL  YEAR  AND  ENTITLED
"SA151-6",  AND  SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE
OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT  OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE.
S. 6406--C                          8                         A. 9006--C
  S  4.  The  opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 4 of part A of chapter  56  of  the
laws of 2015, is amended to read as follows:
  Each  school  district  shall  be  eligible  to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school  year,
which  shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment  received
by  the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year,  multiplied  by  the  due-minimum
factor,  which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b  of  subdivision  three  of  this
section that is less than two, seventy percent (0.70), and for all other
districts,  fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the  two  thousand  nine--two
thousand  ten  through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
listing  produced  by  the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and  entitled  "SA0910".
Each  school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand  thirteen--two  thousand  fourteen  through
[two  thousand  fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN school years equal to the greater of (1)  the  amount
set  forth  for such school district as "HIGH TAX AID" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced  by
the commissioner in support of the budget for the two thousand nine--two
thousand  ten  school  year  and entitled "SA0910" or (2) the amount set
forth for such school district as  "HIGH  TAX  AID"  under  the  heading
"2013-14  ESTIMATED AIDS" in the school aid computer listing produced by
the commissioner in support of the  executive  budget  for  the  2013-14
fiscal year and entitled "BT131-4".
  S  5. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 5 of part A of chapter  56  of  the
laws of 2015, is amended to read as follows:
  Notwithstanding  any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the  grant  to
each eligible school district for universal prekindergarten aid shall be
computed  pursuant  to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to  the
amount  computed for such school district for the base year in the elec-
tronic data file produced by the commissioner  in  support  of  the  two
thousand  nine--two  thousand ten education, labor and family assistance
budget, provided, however, that in the case of a  district  implementing
programs  for  the  first time or implementing expansion programs in the
two thousand eight--two thousand nine school year  where  such  programs
operate  for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, for  the  two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en  school  years,  such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a  of  subdivi-
sion  nine  of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the amount set forth for such school district as  "UNIVERSAL  PREKINDER-
S. 6406--C                          9                         A. 9006--C
GARTEN"  under  the  heading  "2011-12 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the 2011-12 school year and entitled "SA111-2", and for two
thousand  twelve--two  thousand  thirteen through two thousand [fifteen]
SIXTEEN--two thousand  [sixteen]  SEVENTEEN  school  years  each  school
district  shall  be eligible for a maximum grant equal to the greater of
(i) the amount set forth for such school district as "UNIVERSAL  PREKIN-
DERGARTEN"  under the heading "2010-11 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the 2011-12 school year and entitled "SA111-2", or (ii) the
amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"
under the heading "2010-11 BASE YEAR AIDS" in the  school  aid  computer
listing  produced  by  the  commissioner  on May fifteenth, two thousand
eleven pursuant to paragraph b  of  subdivision  twenty-one  of  section
three  hundred five of this chapter, and provided further that the maxi-
mum grant shall not exceed the total actual grant expenditures  incurred
by  the  school  district  in the current school year as approved by the
commissioner.
  S 6. Paragraph h of subdivision 17 of section 3602  of  the  education
law,  as  added  by  section  5-b of part A of chapter 56 of the laws of
2015, is amended to read as follows:
  h. The gap elimination adjustment [restoration  amount]  for  the  two
thousand  sixteen--two  thousand  seventeen  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] ZERO.
  S 7. The opening paragraph, subparagraph 1 of paragraph a, clause (ii)
of subparagraph 2 of paragraph b and paragraph d  of  subdivision  4  of
section  3602  of the education law, as amended by section 5-a of part A
of chapter 56 of the laws of 2015, are amended and a new  paragraph  b-2
is added to read as follows:
  In  addition  to  any  other apportionment pursuant to this chapter, a
school district, other than a special act school district as defined  in
subdivision eight of section four thousand one of this chapter, shall be
eligible  for total foundation aid equal to the product of total aidable
foundation pupil units multiplied by the district's selected  foundation
aid,  which shall be the greater of five hundred dollars ($500) or foun-
dation formula aid, provided, however that for the two thousand  seven--
two  thousand eight through two thousand eight--two thousand nine school
years, no school district shall receive total foundation aid  in  excess
of  the  sum of the total foundation aid base for aid payable in the two
thousand seven--two thousand eight  school  year  computed  pursuant  to
subparagraph (i) of paragraph j of subdivision one of this section, plus
the  phase-in  foundation  increase  computed pursuant to paragraph b of
this subdivision, and provided further that for the two thousand twelve-
-two thousand thirteen school year, no  school  district  shall  receive
total  foundation  aid  in excess of the sum of the total foundation aid
base for aid payable in the two  thousand  eleven--two  thousand  twelve
school  year  computed  pursuant  to SUBPARAGRAPH (II) OF paragraph j of
subdivision one of this section, plus the phase-in  foundation  increase
computed  pursuant  to  paragraph  b  of  this subdivision, and provided
further that for the two thousand thirteen--two thousand fourteen school
year and thereafter, no school district shall receive  total  foundation
aid  in  excess  of  the  sum  of the total foundation aid base computed
pursuant to SUBPARAGRAPH (II) OF paragraph j of subdivision one of  this
section,  plus  the  phase-in  foundation  increase computed pursuant to
S. 6406--C                         10                         A. 9006--C
paragraph b of this subdivision, AND PROVIDED FURTHER THAT FOR  THE  TWO
THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, NO ELIGIBLE SCHOOL
DISTRICTS SHALL RECEIVE TOTAL FOUNDATION AID IN EXCESS OF THE SUM OF THE
TOTAL  FOUNDATION  AID  BASE  COMPUTED  PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS THE SUM OF  (A)  THE
PHASE-IN FOUNDATION INCREASE, (B) THE EXECUTIVE FOUNDATION INCREASE WITH
A  MINIMUM  INCREASE  PURSUANT TO PARAGRAPH B-2 OF THIS SUBDIVISION, AND
(C) AN AMOUNT EQUAL TO "COMMUNITY SCHOOLS AID" IN THE  COMPUTER  LISTING
PRODUCED  BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND  SEVENTEEN  SCHOOL  YEAR  AND
ENTITLED  "BT161-7",  WHERE  (1)  "ELIGIBLE  SCHOOL  DISTRICT"  SHALL BE
DEFINED AS A DISTRICT WITH (A) AN UNRESTRICTED AID INCREASE OF LESS THAN
SEVEN PERCENT (0.07) AND (B) A THREE YEAR AVERAGE FREE AND REDUCED PRICE
LUNCH PERCENT GREATER THAN FIFTEEN PERCENT (0.15), AND (2) "UNRESTRICTED
AID INCREASE" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING  (A)  THE
SUM  OF  THE  EXECUTIVE FOUNDATION AID INCREASE PLUS THE GAP ELIMINATION
ADJUSTMENT FOR THE BASE YEAR, BY (B) THE DIFFERENCE  OF  FOUNDATION  AID
FOR THE BASE YEAR LESS THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR,
AND (3) "EXECUTIVE FOUNDATION INCREASE" SHALL MEAN THE DIFFERENCE OF (A)
THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER
THE  HEADING "2016-17 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET  REQUEST
FOR  THE  TWO  THOUSAND  SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND
ENTITLED "BT161-7" LESS (B)  THE  AMOUNTS  SET  FORTH  FOR  EACH  SCHOOL
DISTRICT  AS "FOUNDATION AID" UNDER THE HEADING "2015-16 BASE YEAR AIDS"
IN SUCH COMPUTER LISTING and provided further that total foundation  aid
shall  not  be  less  than  the product of the total foundation aid base
computed pursuant to paragraph j of subdivision one of this section  and
the due-minimum percent which shall be, for the two thousand twelve--two
thousand  thirteen  school  year,  one  hundred  and  six-tenths percent
(1.006) and for the two thousand thirteen--two thousand fourteen  school
year  for  city  school  districts of those cities having populations in
excess of one hundred twenty-five thousand and  less  than  one  million
inhabitants  one  hundred  and one and one hundred and seventy-six thou-
sandths percent (1.01176), and for all other districts one  hundred  and
three-tenths  percent  (1.003),  and  for the two thousand fourteen--two
thousand fifteen school year  one  hundred  and  eighty-five  hundredths
percent (1.0085), and for the two thousand fifteen--two thousand sixteen
school  year,  one  hundred  thirty-seven  hundredths  percent (1.0037),
subject to allocation pursuant to the provisions of subdivision eighteen
of this section and any provisions of a chapter of the laws of New  York
as described therein, nor more than the product of such total foundation
aid  base  and  one hundred fifteen percent, PROVIDED, HOWEVER, THAT FOR
THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR SUCH  MAXI-
MUM SHALL BE NO MORE THAN THE SUM OF (I) THE PRODUCT OF SUCH TOTAL FOUN-
DATION  AID BASE AND ONE HUNDRED FIFTEEN PERCENT PLUS (II) THE EXECUTIVE
FOUNDATION INCREASE AND  PLUS  (III)  "COMMUNITY  SCHOOLS  AID"  IN  THE
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN
SCHOOL YEAR AND ENTITLED "BT161-7" and provided further that for the two
thousand nine--two thousand ten through two thousand  eleven--two  thou-
sand twelve school years, each school district shall receive total foun-
dation  aid  in an amount equal to the amount apportioned to such school
district for the two  thousand  eight--two  thousand  nine  school  year
pursuant to this subdivision. Total aidable foundation pupil units shall
be  calculated  pursuant  to  paragraph  g  of  subdivision  two of this
S. 6406--C                         11                         A. 9006--C
section. For the purposes of calculating aid pursuant to  this  subdivi-
sion,  aid for the city school district of the city of New York shall be
calculated on a citywide basis.
  (1)  The foundation amount shall reflect the average per pupil cost of
general education instruction in successful school districts, as  deter-
mined  by  a  statistical analysis of the costs of special education and
general education in successful  school  districts,  provided  that  the
foundation  amount  shall be adjusted annually to reflect the percentage
increase in the consumer price index as computed pursuant to section two
thousand twenty-two of this chapter, provided that for the two  thousand
eight--two  thousand  nine  school year, for the purpose of such adjust-
ment, the percentage increase in  the  consumer  price  index  shall  be
deemed  to  be two and nine-tenths percent (0.029), and provided further
that the foundation amount for  the  two  thousand  seven--two  thousand
eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
dollars, and provided further that for the two thousand seven--two thou-
sand  eight  through  two  thousand  [fifteen]   SIXTEEN--two   thousand
[sixteen] SEVENTEEN school years, the foundation amount shall be further
adjusted  by  the  phase-in  foundation  percent established pursuant to
paragraph b of this subdivision.
  (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
eleven--two   thousand  twelve  school  year,  the  phase-in  foundation
increase factor shall equal thirty-seven and  one-half  percent  (0.375)
and  the phase-in due minimum percent shall equal nineteen and forty-one
hundredths percent (0.1941), for the two thousand  twelve--two  thousand
thirteen school year the phase-in foundation increase factor shall equal
one and seven-tenths percent (0.017), for the two thousand thirteen--two
thousand  fourteen  school  year the phase-in foundation increase factor
shall equal (1) for a city school district in a city having a population
of one  million  or  more,  five  and  twenty-three  hundredths  percent
(0.0523) or (2) for all other school districts zero percent, for the two
thousand fourteen--two thousand fifteen school year the phase-in founda-
tion  increase  factor  shall  equal (1) for a city school district of a
city having a population of one million or  more,  four  and  thirty-two
hundredths  percent  (0.0432)  or (2) for a school district other than a
city school district having a population of  one  million  or  more  for
which  (A)  the  quotient  of  the positive difference of the foundation
formula aid minus the foundation aid base computed pursuant to paragraph
j of subdivision one of this section divided by the  foundation  formula
aid  is greater than twenty-two percent (0.22) and (B) a combined wealth
ratio less than thirty-five hundredths (0.35), seven percent  (0.07)  or
(3)  for  all  other  school  districts,  four and thirty-one hundredths
percent (0.0431), and for the two thousand fifteen--two thousand sixteen
school year the phase-in foundation increase factor shall equal: (1) for
a city school district of a city having a population of one  million  or
more,   thirteen   and  two  hundred  seventy-four  thousandths  percent
(0.13274); or (2) for districts  where  the  quotient  arrived  at  when
dividing  (A)  the  product  of the total aidable foundation pupil units
multiplied by the district's selected  foundation  aid  less  the  total
foundation  aid base computed pursuant to paragraph j of subdivision one
of this section divided by (B) the product of the total aidable  founda-
tion pupil units multiplied by the district's selected foundation aid is
greater  than nineteen percent (0.19), and where the district's combined
wealth ratio is less than  thirty-three  hundredths  (0.33),  seven  and
seventy-five  hundredths percent (0.0775); or (3) for any other district
designated as high need pursuant to clause (c) of  subparagraph  two  of
S. 6406--C                         12                         A. 9006--C
paragraph  c  of  subdivision  six  of  this  section for the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the  two thousand seven--two thousand eight school year and
entitled  "SA0708",  four  percent  (0.04);  or  (4)  for  a city school
district in a city having a population of one hundred twenty-five  thou-
sand  or more but less than one million, fourteen percent (0.14); or (5)
for school districts that were designated as small city school districts
or central school districts whose boundaries  include  a  portion  of  a
small  city  for the school aid computer listing produced by the commis-
sioner in support of the enacted budget for the two thousand  fourteen--
two  thousand  fifteen school year and entitled "SA1415", four and seven
hundred fifty-one thousandths percent (0.04751); or (6)  for  all  other
districts  one  percent  (0.01),  and  for the two thousand sixteen--two
thousand seventeen SCHOOL  YEAR  SHALL  EQUAL  FOR  AN  ELIGIBLE  SCHOOL
DISTRICT THE GREATER OF: (1) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A
POPULATION  OF  ONE MILLION OR MORE, SEVEN AND SEVEN HUNDRED EIGHTY FOUR
THOUSANDTHS PERCENT (0.07784); OR (2) FOR A CITY SCHOOL  DISTRICT  IN  A
CITY  WITH A POPULATION OF MORE THAN TWO HUNDRED FIFTY THOUSAND BUT LESS
THAN ONE MILLION AS OF THE MOST RECENT FEDERAL DECENNIAL  CENSUS,  SEVEN
AND THREE HUNDREDTHS PERCENT (0.0703); OR (3) FOR A CITY SCHOOL DISTRICT
IN  A  CITY WITH A POPULATION OF MORE THAN TWO HUNDRED THOUSAND BUT LESS
THAN TWO HUNDRED FIFTY THOUSAND AS OF THE MOST RECENT FEDERAL  DECENNIAL
CENSUS,  SIX  AND  SEVENTY-TWO HUNDREDTHS PERCENT (0.0672); OR (4) FOR A
CITY SCHOOL DISTRICT IN A CITY  WITH  A  POPULATION  OF  MORE  THAN  ONE
HUNDRED FIFTY THOUSAND BUT LESS THAN TWO HUNDRED THOUSAND AS OF THE MOST
RECENT FEDERAL DECENNIAL CENSUS, SIX AND SEVENTY-FOUR HUNDREDTHS PERCENT
(0.0674);  OR (5) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
OF MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN ONE  HUNDRED
FIFTY  THOUSAND AS OF THE MOST RECENT FEDERAL DECENNIAL CENSUS, NINE AND
FIFTY-FIVE HUNDREDTHS PERCENT (0.0955); OR (6) FOR SCHOOL DISTRICTS THAT
WERE DESIGNATED  AS  SMALL  CITY  SCHOOL  DISTRICTS  OR  CENTRAL  SCHOOL
DISTRICTS  WHOSE  BOUNDARIES  INCLUDE  A PORTION OF A SMALL CITY FOR THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT  OF
THE  ENACTED  BUDGET FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN
SCHOOL YEAR AND ENTITLED "SA141-5" WITH A  COMBINED  WEALTH  RATIO  LESS
THAN  ONE AND FOUR TENTHS (1.4), NINE PERCENT (0.09), PROVIDED, HOWEVER,
THAT FOR SUCH DISTRICTS THAT ARE ALSO DISTRICTS DESIGNATED AS HIGH  NEED
URBAN-SUBURBAN PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C
OF  SUBDIVISION  SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED  BUDGET  FOR  THE
TWO   THOUSAND  SEVEN--TWO  THOUSAND  EIGHT  SCHOOL  YEAR  AND  ENTITLED
"SA0708", NINE  AND  SEVEN  HUNDRED  AND  NINETEEN  THOUSANDTHS  PERCENT
(0.09719);  OR  (7)  FOR  SCHOOL DISTRICTS DESIGNATED AS HIGH NEED RURAL
PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION
SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY  THE
COMMISSIONER  IN  SUPPORT  OF  THE  ENACTED  BUDGET FOR THE TWO THOUSAND
SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND  ENTITLED  "SA0708",  THIRTEEN
AND  SIX  TENTHS PERCENT (0.136); OR (8) FOR SCHOOL DISTRICTS DESIGNATED
AS HIGH NEED URBAN-SUBURBAN PURSUANT TO CLAUSE (C) OF  SUBPARAGRAPH  TWO
OF  PARAGRAPH  C  OF  SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
BUDGET  FOR  THE  TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND
ENTITLED "SA0708", SEVEN HUNDRED NINETEEN THOUSANDTHS PERCENT (0.00719);
OR (9) FOR ALL OTHER ELIGIBLE SCHOOL DISTRICTS,  FORTY-SEVEN  HUNDREDTHS
PERCENT  (0.0047) AND FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGH-
TEEN school year and thereafter the commissioner shall  annually  deter-
S. 6406--C                         13                         A. 9006--C
mine  the  phase-in  foundation  increase  factor  subject to allocation
pursuant to the provisions of subdivision eighteen of this  section  and
any  provisions of a chapter of the laws of New York as described there-
in.
  B-2.  DUE MINIMUM FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN
SCHOOL YEAR. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND  SEVENTEEN  SCHOOL  YEAR  THE
TOTAL FOUNDATION AID SHALL NOT BE LESS THAN THE SUM OF THE TOTAL FOUNDA-
TION  AID  BASE  COMPUTED  PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF
THIS SECTION PLUS THE DUE MINIMUM  FOR  THE  TWO  THOUSAND  SIXTEEN--TWO
THOUSAND  SEVENTEEN  SCHOOL YEAR, WHERE SUCH DUE MINIMUM SHALL EQUAL THE
DIFFERENCE OF (1) THE PRODUCT OF (A) TWO PERCENT  (0.02)  MULTIPLIED  BY
(B)  THE  DIFFERENCE  OF TOTAL FOUNDATION AID FOR THE BASE YEAR LESS THE
GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR, LESS (2) THE  SUM  OF  (A)
THE  DIFFERENCE  OF  THE  AMOUNTS  SET FORTH FOR EACH SCHOOL DISTRICT AS
"FOUNDATION AID" UNDER THE  HEADING  "2016-17  ESTIMATED  AIDS"  IN  THE
SCHOOL  AID  COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO  THOUSAND
SEVENTEEN  SCHOOL YEAR AND ENTITLED "BT161-7" LESS THE AMOUNTS SET FORTH
FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING  "2015-16
BASE  YEAR  AIDS"  IN SUCH COMPUTER LISTING PLUS (B) THE GAP ELIMINATION
ADJUSTMENT FOR THE BASE YEAR.
  d. For the two thousand fourteen--two thousand fifteen [and two  thou-
sand  fifteen--two  thousand  sixteen] THROUGH TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN school years a city school district of a city  having
a population of one million or more may use amounts apportioned pursuant
to this subdivision for afterschool programs.
  S  8. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph e to read as follows:
  E. COMMUNITY SCHOOLS AID SET-ASIDE. EACH  SCHOOL  DISTRICT  SHALL  SET
ASIDE FROM ITS TOTAL FOUNDATION AID COMPUTED FOR THE CURRENT YEAR PURSU-
ANT TO THIS SUBDIVISION AN AMOUNT EQUAL TO THE FOLLOWING AMOUNT, IF ANY,
FOR  SUCH  DISTRICT AND SHALL USE THE AMOUNT SO SET ASIDE TO SUPPORT THE
TRANSFORMATION OF SCHOOL BUILDINGS INTO COMMUNITY HUBS TO DELIVER CO-LO-
CATED OR SCHOOL-LINKED ACADEMIC, HEALTH, MENTAL HEALTH, NUTRITION, COUN-
SELING, LEGAL AND/OR OTHER SERVICES  TO  STUDENTS  AND  THEIR  FAMILIES,
INCLUDING BUT NOT LIMITED TO PROVIDING A COMMUNITY SCHOOL SITE COORDINA-
TOR,  OR  TO SUPPORT OTHER COSTS INCURRED TO MAXIMIZE STUDENTS' ACADEMIC
ACHIEVEMENT:
ADDISON                                             $132,624
ADIRONDACK                                           $98,303
AFTON                                                $62,527
ALBANY                                            $2,696,127
ALBION                                              $171,687
ALTMAR-PARISH-WILLIAMSTOWN                          $154,393
AMITYVILLE                                          $140,803
AMSTERDAM                                           $365,464
ANDOVER                                              $41,343
AUBURN                                              $211,759
AUSABLE VALLEY                                       $82,258
AVOCA                                                $40,506
BATAVIA                                             $116,085
BATH                                                $139,788
BEACON                                               $87,748
BEAVER RIVER                                         $67,970
BEEKMANTOWN                                          $98,308
S. 6406--C                         14                         A. 9006--C
BELFAST                                              $44,520
BELLEVILLE HENDERSON                                 $21,795
BINGHAMTON                                          $477,949
BOLIVAR-RICHBURG                                    $102,276
BRADFORD                                             $28,058
BRASHER FALLS                                       $146,944
BRENTWOOD                                         $2,089,437
BRIDGEWATER-WEST WINFIELD (MT. MARKHAM)             $101,498
BROCTON                                              $63,939
BROOKFIELD                                           $24,973
BRUSHTON-MOIRA                                      $102,613
BUFFALO                                          $12,524,617
CAMDEN                                              $243,929
CAMPBELL-SAVONA                                      $81,862
CANAJOHARIE                                          $78,428
CANASERAGA                                           $24,622
CANDOR                                               $69,400
CANISTEO-GREENWOOD                                  $105,783
CARTHAGE                                            $273,578
CASSADAGA VALLEY                                     $99,547
CATSKILL                                             $69,599
CATTARAUGUS-LITTLE VALLEY                            $89,771
CENTRAL ISLIP                                       $650,359
CENTRAL VALLEY                                      $154,059
CHARLOTTE VALLEY                                     $27,925
CHATEAUGAY                                           $43,580
CHEEKTOWAGA-SLOAN                                    $68,242
CHENANGO VALLEY                                      $46,359
CHERRY VALLEY-SPRINGFIELD                            $29,704
CINCINNATUS                                          $71,378
CLIFTON-FINE                                         $17,837
CLYDE-SAVANNAH                                       $84,797
CLYMER                                               $28,267
COHOES                                              $110,625
COPENHAGEN                                           $35,037
COPIAGUE                                            $308,995
CORTLAND                                            $147,875
CROWN POINT                                          $24,277
CUBA-RUSHFORD                                        $67,917
DALTON-NUNDA (KESHEQUA)                              $65,630
DANSVILLE                                           $136,766
DE RUYTER                                            $38,793
DEPOSIT                                              $37,615
DOLGEVILLE                                           $82,884
DOWNSVILLE                                           $10,000
DUNDEE                                               $59,404
DUNKIRK                                             $224,658
EAST RAMAPO (SPRING VALLEY)                         $360,848
EDMESTON                                             $30,288
EDWARDS-KNOX                                         $95,261
ELIZABETHTOWN-LEWIS                                  $14,844
ELLENVILLE                                          $128,950
ELMIRA                                              $501,348
FALLSBURG                                           $111,523
FILLMORE                                             $84,252
FORESTVILLE                                          $34,773
S. 6406--C                         15                         A. 9006--C
FORT EDWARD                                          $32,403
FORT PLAIN                                           $86,187
FRANKLIN                                             $19,086
FRANKLINVILLE                                        $84,503
FREEPORT                                            $479,702
FRIENDSHIP                                           $51,013
FULTON                                              $241,424
GENESEE VALLEY                                       $65,066
GENEVA                                              $146,409
GEORGETOWN-SOUTH OTSELIC                             $34,626
GILBERTSVILLE-MOUNT UPTON                            $30,930
GLENS FALLS COMMON                                   $10,000
GLOVERSVILLE                                        $257,549
GOUVERNEUR                                          $197,139
GOWANDA                                             $122,173
GRANVILLE                                            $86,044
GREEN ISLAND                                         $17,390
GREENE                                               $87,782
HADLEY-LUZERNE                                       $37,868
HAMMOND                                              $18,750
HANCOCK                                              $34,174
HANNIBAL                                            $149,286
HARPURSVILLE                                         $89,804
HEMPSTEAD                                         $3,123,056
HERKIMER                                             $64,467
HERMON-DEKALB                                        $49,211
HEUVELTON                                            $53,905
HINSDALE                                             $47,128
HORNELL                                             $152,327
HUDSON                                               $86,263
HUDSON FALLS                                        $125,709
INDIAN RIVER                                        $404,452
JAMESTOWN                                           $422,610
JASPER-TROUPSBURG                                    $65,899
JEFFERSON                                            $22,350
JOHNSON                                             $179,735
JOHNSTOWN                                            $98,329
KINGSTON                                            $241,138
KIRYAS JOEL                                          $10,000
LA FARGEVILLE                                        $36,602
LACKAWANNA                                          $293,188
LANSINGBURGH                                        $170,080
LAURENS                                              $32,110
LIBERTY                                             $141,704
LISBON                                               $56,498
LITTLE FALLS                                         $76,292
LIVINGSTON MANOR                                     $32,996
LOWVILLE                                            $117,907
LYME                                                 $15,856
LYONS                                                $89,298
MADISON                                              $43,805
MADRID-WADDINGTON                                    $59,412
MALONE                                              $241,483
MARATHON                                             $79,560
MARGARETVILLE                                        $10,000
MASSENA                                             $227,985
S. 6406--C                         16                         A. 9006--C
MCGRAW                                               $51,558
MEDINA                                              $135,337
MIDDLEBURGH                                          $58,936
MIDDLETOWN                                          $683,511
MILFORD                                              $28,281
MONTICELLO                                          $185,418
MORIAH                                               $76,592
MORRIS                                               $45,012
MORRISTOWN                                           $25,106
MORRISVILLE-EATON                                    $62,490
MT MORRIS                                            $58,594
MT VERNON                                           $517,463
NEW YORK CITY                                    $28,491,241
NEWARK                                              $137,556
NEWBURGH                                            $837,244
NEWFIELD                                             $60,998
NIAGARA FALLS                                       $733,330
NORTH ROSE-WOLCOTT                                  $107,958
NORTHERN ADIRONDACK                                  $84,115
NORWICH                                             $155,921
NORWOOD-NORFOLK                                     $116,262
ODESSA-MONTOUR                                       $70,110
OGDENSBURG                                          $126,942
OLEAN                                               $129,603
OPPENHEIM-EPHRATAH-ST. JOHNSVILLE                    $86,646
OTEGO-UNADILLA                                       $72,613
OXFORD ACAD & CENTRAL SCHOOLS                        $80,443
PARISHVILLE-HOPKINTON                                $35,003
PEEKSKILL                                           $230,795
PENN YAN                                             $71,001
PINE VALLEY (SOUTH DAYTON)                           $67,455
PLATTSBURGH                                          $75,055
POLAND                                               $37,498
PORT CHESTER-RYE                                    $241,428
PORT JERVIS                                         $189,220
POUGHKEEPSIE                                      $1,747,582
PRATTSBURGH                                          $35,110
PULASKI                                              $89,146
PUTNAM                                               $10,000
RANDOLPH                                             $88,646
RED CREEK                                            $87,007
REMSEN                                               $32,650
RENSSELAER                                           $74,616
RICHFIELD SPRINGS                                    $37,071
RIPLEY                                               $18,495
ROCHESTER                                         $7,624,908
ROME                                                $369,655
ROMULUS                                              $22,112
ROOSEVELT                                           $353,005
SALAMANCA                                           $139,051
SALMON RIVER                                        $200,831
SANDY CREEK                                          $72,287
SCHENECTADY                                         $642,884
SCHENEVUS                                            $29,516
SCIO                                                 $47,097
SHARON SPRINGS                                       $26,994
S. 6406--C                         17                         A. 9006--C
SHERBURNE-EARLVILLE                                 $154,286
SHERMAN                                              $45,067
SIDNEY                                               $98,699
SILVER CREEK                                         $68,538
SODUS                                               $100,038
SOLVAY                                               $85,506
SOUTH KORTRIGHT                                      $23,420
SOUTH LEWIS                                          $95,627
SOUTH SENECA                                         $49,768
SPENCER-VAN ETTEN                                    $76,108
ST REGIS FALLS                                       $30,078
STAMFORD                                             $20,137
STOCKBRIDGE VALLEY                                   $38,537
SYRACUSE                                         $10,186,478
TICONDEROGA                                          $36,467
TIOGA                                                $99,411
TROY                                                $277,420
UNADILLA VALLEY                                      $90,571
UNIONDALE                                           $362,887
UTICA                                               $273,267
VAN HORNESVILLE-OWEN D. YOUNG                        $18,604
WALTON                                               $82,541
WARRENSBURG                                          $57,996
WATERLOO                                            $123,111
WATERTOWN                                           $222,343
WATERVLIET                                           $94,487
WAVERLY                                             $120,319
WAYLAND-COHOCTON                                    $125,273
WELLSVILLE                                          $114,359
WEST CANADA VALLEY                                   $58,917
WESTBURY                                            $403,563
WESTFIELD                                            $46,542
WHITEHALL                                            $46,192
WHITESVILLE                                          $26,719
WHITNEY POINT                                       $152,109
WILLIAM FLOYD                                       $492,842
WORCESTER                                            $26,862
WYANDANCH                                           $402,010
YONKERS                                           $4,286,726
YORKSHIRE-PIONEER                                   $210,306
  S 9. Intentionally Omitted.
  S 10. The opening paragraph of section 3609-a of the education law, as
amended  by  section  6  of part A of chapter 56 of the laws of 2015, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year  through the [two thousand fifteen--two thousand sixteen] TWO THOU-
SAND SIXTEEN--TWO THOUSAND SEVENTEEN school year,  "moneys  apportioned"
shall  mean  the  lesser  of  (i)  the sum of one hundred percent of the
respective amount set forth for each school district as payable pursuant
to this section in the school aid computer listing for the current  year
produced by the commissioner in support of the budget which includes the
appropriation  for  the  general  support  for  public  schools  for the
prescribed payments and individualized payments due prior to April first
for the current year plus the apportionment payable during  the  current
school  year  pursuant  to  subdivision six-a and subdivision fifteen of
section thirty-six hundred two of this  part  minus  any  reductions  to
S. 6406--C                         18                         A. 9006--C
current  year  aids  pursuant to subdivision seven of section thirty-six
hundred four of this part or any deduction  from  apportionment  payable
pursuant  to  this  chapter  for  collection  of a school district basic
contribution  as  defined  in  subdivision  eight  of section forty-four
hundred one of this  chapter,  less  any  grants  provided  pursuant  to
subparagraph  two-a  of paragraph b of subdivision four of section nine-
ty-two-c of the state finance law, less any grants provided pursuant  to
subdivision  six  of section ninety-seven-nnnn of the state finance law,
less any grants provided pursuant to subdivision twelve of section thir-
ty-six hundred forty-one of this  article,  or  (ii)  the  apportionment
calculated  by  the  commissioner  based on data on file at the time the
payment is processed; provided however, that for  the  purposes  of  any
payments  made  pursuant to this section prior to the first business day
of June of the current year, moneys apportioned shall  not  include  any
aids  payable  pursuant to subdivisions six and fourteen, if applicable,
of section thirty-six hundred two of this part as current year  aid  for
debt service on bond anticipation notes and/or bonds first issued in the
current  year  or  any  aids  payable  for full-day kindergarten for the
current year pursuant to subdivision nine of section thirty-six  hundred
two  of  this part. The definitions of "base year" and "current year" as
set forth in subdivision one of section thirty-six hundred two  of  this
part  shall  apply to this section. [For aid payable in the two thousand
fourteen--two thousand fifteen school year, reference  to  such  "school
aid  computer  listing  for  the  current year" shall mean the printouts
entitled "SA141-5". For aid payable in  the  two  thousand  fifteen--two
thousand  sixteen  school  year,  reference to such "school aid computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA151-6".]  FOR  AID  PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL  AID  COMPUTER  LISTING
FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "SA161-7".
  S  11.  Subparagraphs  5, 6 and 7 of paragraph (e) of subdivision 3 of
section 2853 of the education law, as added by section 5 of part  BB  of
chapter 56 of the laws of 2014, are amended to read as follows:
  (5) For a new charter school whose charter is granted or for an exist-
ing  charter  school  whose  expansion  of grade level, pursuant to this
article, is approved by their charter entity [before October first,  two
thousand  sixteen], if the appeal results in a determination in favor of
the charter school, the city  school  district  shall  pay  the  charter
school an amount attributable to the grade level expansion or the forma-
tion of the new charter school that is equal to the lesser of:
  (A)  the  actual  rental  cost  of an alternative privately owned site
selected by the charter school or
  (B) twenty percent of  the  product  of  the  charter  school's  basic
tuition  for  the  current  school year and (i) for a new charter school
that first commences instruction on or after July  first,  two  thousand
fourteen,  the  charter  school's current year enrollment; or (ii) for a
charter school which expands its grade level, pursuant to this  article,
[before October first, two thousand sixteen,] the positive difference of
the  charter  school's  enrollment  in the current school year minus the
charter school's enrollment in the school year prior to the  first  year
of the expansion.
  (6)  [For  a  new  charter  school  whose charter is granted or for an
existing charter school whose expansion of grade level, pursuant to this
article, is approved by their charter entity on or after October  first,
two  thousand sixteen, if the appeal results in a determination in favor
of the charter school, the city school district shall  pay  the  charter
S. 6406--C                         19                         A. 9006--C
school an amount attributable to the grade level expansion or the forma-
tion  of the new charter school that is equal to the maximum cost allow-
ance established by the commissioner for leases aidable  under  subdivi-
sion six of section thirty-six hundred two of this chapter.
  (7)]  An  arbitration in an appeal pursuant to this paragraph shall be
conducted by a  single  arbitrator  selected  in  accordance  with  this
subparagraph  from  a  list of arbitrators from the American arbitration
association's panel of labor  arbitrators,  with  relevant  biographical
information,  submitted by such association to the commissioner pursuant
to paragraph a of subdivision three of section three  thousand  twenty-a
of  this  chapter.  Upon request by the charter school, the commissioner
shall forthwith send a copy of such list  and  biographical  information
simultaneously  to  the  charter  school  and  city school district. The
parties shall, by mutual agreement, select an arbitrator from  the  list
within fifteen days from receipt of the list, and if the parties fail to
agree  on  an  arbitrator  within such fifteen day period or fail within
such fifteen day period to notify the commissioner  that  an  arbitrator
has been selected, the commissioner shall appoint an arbitrator from the
list  to  serve as the arbitrator. The arbitration shall be conducted in
accordance with the American arbitration association's rules  for  labor
arbitration,  except  that  the  arbitrator  shall conduct a pre-hearing
conference within ten to fifteen days of agreeing to serve and the arbi-
tration shall be completed and  a  decision  rendered  within  the  time
frames  prescribed for hearings pursuant to section three thousand twen-
ty-a of this chapter. The arbitrator's fee shall  not  exceed  the  rate
established  by  the  commissioner  for  hearings  conducted pursuant to
section three thousand twenty-a of this chapter, and the  cost  of  such
fee,  the  arbitrator's  necessary travel and other reasonable expenses,
and all other hearing expenses shall be borne equally by the parties  to
the arbitration.
  S 11-a. Subdivision 6-g of section 3602 of the education law, as added
by section 6 of part BB of chapter 56 of the laws of 2014, is amended to
read as follows:
  6-g.  Charter  schools  facilities aid. a. The city school district of
the city of New York, upon documenting that it has incurred total aggre-
gate expenses of forty million dollars or  more  pursuant  to  [subpara-
graphs]  SUBPARAGRAPH  five  [and  six]  of paragraph (e) of subdivision
three of section twenty-eight hundred fifty-three of this chapter, shall
be eligible for an apportionment pursuant to this  subdivision  for  its
annual  approved expenditures for the lease of space for charter schools
incurred in the base year in accordance with paragraph (e)  of  subdivi-
sion three of section twenty-eight hundred fifty-three of this chapter.
  b. The apportionment shall equal the product of (1) the sum of:
  [(A)]  for  aid payable for expenses incurred pursuant to subparagraph
five of paragraph (e)  of  subdivision  three  of  section  twenty-eight
hundred fifty-three of this chapter where the charter school prevails on
appeal,  the  annual  approved  expenses  incurred  by  the  city school
district pursuant to such subparagraph five[; and
  (B) for aid payable for expenses incurred pursuant to subparagraph six
of paragraph (e) of subdivision three of  section  twenty-eight  hundred
fifty-three of this chapter where the charter school prevails on appeal,
the  actual  annual  approved  rental expenses incurred pursuant to such
subparagraph six] multiplied by
  (2) six-tenths.
  c. For purposes of this subdivision, the approved  expenses  attribut-
able  to  a lease by a charter school of a privately owned site shall be
S. 6406--C                         20                         A. 9006--C
the lesser of the actual rent paid under the lease or the  maximum  cost
allowance  established  by  the  commissioner  for  leases aidable under
subdivision six of this section.
  d.  Notwithstanding  any  provision  of  law  to the contrary, amounts
apportioned pursuant to this subdivision shall not be included  in:  (1)
the  allowable growth amount computed pursuant to paragraph dd of subdi-
vision one of this section, (2) the preliminary growth  amount  computed
pursuant to paragraph ff of subdivision one of this section, and (3) the
allocable growth amount computed pursuant to paragraph gg of subdivision
one  of  this  section,  and  shall  not be considered, and shall not be
available for interchange with, general support for public schools.
  S 12. Intentionally omitted.
  S 13. Intentionally omitted.
  S 14. Clauses (i) and (ii) of subparagraph 1 of paragraph e of  subdi-
vision  1 of section 3602 of the education law, as amended by section 11
of part B of chapter 57 of the laws of 2007,  are  amended  to  read  as
follows:
  (i)  determine the number of pupils tested who scored below the state-
wide reference point as determined by  the  commissioner  on  each  test
administered  pursuant  to  this  subparagraph,  plus pupils, other than
pupils with disabilities  and  ENGLISH  LANGUAGE  LEARNER  pupils  [with
limited  English  proficiency]  as  defined  by the commissioner who are
exempt from taking  such  tests,  provided,  however,  that  a  district
employing  eight  or  more teachers in such years but not operating each
grade may use the percentage computed pursuant to this paragraph for the
district which in such years enrolled the greatest number of  pupils  in
such grade from such district;
  (ii)  divide  the sum of such numbers by the number of such pupils who
took each of such tests, plus pupils, other than pupils  with  disabili-
ties  and  ENGLISH  LANGUAGE LEARNER pupils [with limited English profi-
ciency] as defined by the commissioner who are exempt from  taking  such
tests, provided, however, that a district which in any of the applicable
school years did not maintain a home school or employed fewer than eight
teachers,  and  which  in the base year employed eight or more teachers,
may use the scores in a later test as designated by the commissioner for
the purposes of this paragraph;
  S 15. Paragraph o of subdivision 1 of section 3602  of  the  education
law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
  o. "[Limited English proficient] ENGLISH LANGUAGE LEARNER count" shall
mean the number of pupils served in the base year in programs for pupils
with limited English proficiency approved by the  commissioner  pursuant
to  the  provisions  of  this chapter and in accordance with regulations
adopted for such purpose.
  S 16. Paragraph b of subdivision 2 of section 3602-d of the  education
law,  as added by chapter 792 of the laws of 1990, is amended to read as
follows:
  (b) "Disadvantaged" shall mean  individuals  (other  than  handicapped
individuals) who have economic or academic disadvantages and who require
special  services  and  assistance in order to enable them to succeed in
work-prep programs. Such term includes individuals who are:  members  of
economically  disadvantaged families as set forth in regulations promul-
gated by the department pursuant to sections sixty-four  hundred  fifty-
one  and sixty-four hundred fifty-two of this chapter or as set forth in
the Federal Job Training Partnership Act of nineteen hundred  eighty-two
(PL  97-300)  (29  U.S.C.A.  S 1501 et seq.); migrants; [individuals who
S. 6406--C                         21                         A. 9006--C
have limited English proficiency] ENGLISH LANGUAGE LEARNERS;  and  indi-
viduals who are identified as potential dropouts from secondary school.
  S  17. Paragraph d of subdivision 4 of section 3602-f of the education
law, as added by section 83-a of part L of chapter 405 of  the  laws  of
1999, is amended to read as follows:
  d.  [Limited  English proficient] ENGLISH LANGUAGE LEARNER pupil count
as defined in paragraph o  of  subdivision  one  of  section  thirty-six
hundred two of this article.
  S  18.  Section  3604  of the education law is amended by adding a new
subdivision 13 to read as follows:
  13. FOR PURPOSES OF THIS CHAPTER,  "LIMITED  ENGLISH  PROFICIENT"  AND
"LIMITED ENGLISH PROFICIENCY" SHALL MEAN "ENGLISH LANGUAGE LEARNER".
  S  19. Clause (B) of subparagraph 2 of paragraph b of subdivision 6 of
section 3641 of the education law, as added by section 2 of  part  B  of
chapter 58 of the laws of 2011, is amended to read as follows:
  (B)  [students  with limited English proficiency and] students who are
English language learners;
  S 20. Intentionally Omitted.
  S 21. Notwithstanding any provision of law to the  contrary,  for  the
2016-2017  school  year and thereafter, for any pre-kindergarten program
receiving state funds that is identified by the office of  children  and
family services, the department of health and mental hygiene of the city
of  New York, or the state education department as needing extraordinary
quality support, such entity shall provide  a  recommendation  for  such
program  to  voluntarily participate in QUALITYstarsNY subject to avail-
able appropriation.
  S 22. Intentionally omitted.
  S 23. Subdivision 16 of section 3602-ee of the education law, as added
by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
read as follows:
  16. The authority of the department to administer the universal  full-
day  pre-kindergarten  program shall expire June thirtieth, two thousand
[sixteen] SEVENTEEN; provided that the program shall continue and remain
in full effect.
  S 24. Paragraph b of subdivision 6-c of section 3602 of the  education
law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
follows:
  b. For projects approved by the  commissioner  authorized  to  receive
additional building aid pursuant to this subdivision for the purchase of
stationary  metal  detectors, security cameras or other security devices
approved by the commissioner that increase the safety  of  students  and
school  personnel,  provided  that  for  purposes of this paragraph such
other security devices shall be limited to electronic  security  systems
and  hardened  doors,  and  provided  that  for projects approved by the
commissioner on or after the first day of July two thousand thirteen and
before the first day of July [two thousand sixteen] TWO THOUSAND  SEVEN-
TEEN such additional aid shall equal the product of (i) the building aid
ratio  computed  for  use in the current year pursuant to paragraph c of
subdivision six of this section plus ten percentage points, except  that
in  no  case  shall this amount exceed one hundred percent, and (ii) the
actual approved expenditures incurred in the base year pursuant to  this
subdivision, provided that the limitations on cost allowances prescribed
by  paragraph  a of subdivision six of this section shall not apply, and
provided further that any projects aided under this  paragraph  must  be
included  in  a  district's  school  safety plan. The commissioner shall
annually prescribe a special cost allowance  for  metal  detectors,  and
S. 6406--C                         22                         A. 9006--C
security  cameras,  and  the approved expenditures shall not exceed such
cost allowance.
  S 25. Section 2 of chapter 552 of the laws of 1995 amending the educa-
tion  law  relating  to contracts for the transportation of school chil-
dren, as amended by chapter 116 of the laws of 2013, is amended to  read
as follows:
  S  2.  This  act  shall  take  effect on the first day of January next
succeeding the date on which it shall have become a law and shall remain
in full force and effect until January 1, [2017] 2020,  when  upon  such
date the provisions of this act shall be deemed repealed.
  S  26.  Paragraph  b of subdivision 2 of section 3612 of the education
law, as amended by section 8 of part A of chapter  56  of  the  laws  of
2015, 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 fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO  THOU-
SAND SEVENTEEN.
  S  27.  Subdivision 6 of section 4402 of the education law, as amended
by section 9 of part A of chapter 56 of the laws of 2015, is amended  to
read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred  ninety-five--nine-
ty-six  through  June thirtieth, two thousand [sixteen] SEVENTEEN of the
[two thousand fifteen--two thousand sixteen] TWO  THOUSAND  SIXTEEN--TWO
THOUSAND SEVENTEEN school year, be authorized to increase class sizes in
special  classes  containing students with disabilities whose age ranges
are equivalent to those of students in middle and secondary  schools  as
defined  by  the  commissioner for purposes of this section by up to but
not to exceed one and two tenths times the applicable maximum class size
specified in regulations of the commissioner rounded up to  the  nearest
whole  number,  provided  that  in a city school district having a popu-
lation of one million or more, classes that have a maximum class size of
fifteen may be increased by no more than one student and  provided  that
S. 6406--C                         23                         A. 9006--C
the  projected average class size shall not exceed the maximum specified
in the applicable regulation, provided  that  such  authorization  shall
terminate  on  June thirtieth, two thousand. Such authorization shall be
granted  upon  filing  of a notice by such a board of education with the
commissioner stating the board's intention to increase such class  sizes
and  a  certification  that the board will conduct a study of attendance
problems at the secondary level and will implement a  corrective  action
plan  to  increase the rate of attendance of students in such classes to
at least the rate for students attending regular  education  classes  in
secondary  schools of the district. Such corrective action plan shall be
submitted for approval by the commissioner by a date during  the  school
year  in  which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the  commissioner.  Upon  at  least
thirty  days  notice  to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to  termi-
nate  such  authorization  upon  a  finding that the board has failed to
develop or implement an approved corrective action plan.
  S 28.  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 56 of the laws of 2015, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this section 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, reimbursement for
the  2013--2014  school year shall not exceed 62.3 percent of the lesser
of such approvable costs per contact hour or twelve dollars  and  sixty-
five  cents  per  contact  hour, reimbursement for the 2014--2015 school
year shall not exceed 61.6 percent of  the  lesser  of  such  approvable
costs  per  contact  hour  or  thirteen  dollars per contact hour, [and]
reimbursement for the 2015--2016  school  year  shall  not  exceed  60.7
percent of the lesser of such approvable costs per contact hour or thir-
teen dollars and forty cents per contact hour, AND REIMBURSEMENT FOR THE
2016--2017  SCHOOL  YEAR  SHALL NOT EXCEED 60.3 PERCENT OF THE LESSER OF
SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIRTEEN DOLLARS NINETY  CENTS
PER  CONTACT  HOUR  where  a  contact  hour  represents sixty minutes of
instruction services provided to an eligible adult.  Notwithstanding any
other provision of law to the contrary, for the 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
six hundred forty-nine  thousand  seven  hundred  forty-six  (1,649,746)
hours;  whereas  for the 2014--2015 school year such contact hours shall
not exceed one million  six  hundred  twenty-five  thousand  (1,625,000)
hours;  whereas  for the 2015--2016 school year such contact hours shall
not  exceed  one  million  five  hundred  ninety-nine  thousand  fifteen
(1,599,015)  HOURS;  WHEREAS FOR THE 2016--2017 SCHOOL YEAR SUCH CONTACT
HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED FIFTY-ONE THOUSAND THREE
HUNDRED TWELVE (1,551,312).  Notwithstanding any other provision of  law
to  the  contrary,  the  apportionment  calculated  for  the city school
district of the city of New York pursuant to subdivision 11  of  section
3602  of  the  education  law shall be computed as if such contact hours
provided by the consortium for  worker  education,  not  to  exceed  the
contact hours set forth herein, were eligible for aid in accordance with
S. 6406--C                         24                         A. 9006--C
the  provisions  of such subdivision 11 of section 3602 of the education
law.
  S 29.  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 u to read as follows:
  U.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2016--2017 SCHOOL  YEAR.  NOTWITHSTANDING
ANY  INCONSISTENT  PROVISIONS  OF LAW, THE COMMISSIONER SHALL WITHHOLD A
PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE  CITY  SCHOOL
DISTRICT  OF  THE  CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF
THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED  TO  THE
ELEMENTARY  AND  SECONDARY  EDUCATION  FUND LOCAL ASSISTANCE ACCOUNT AND
SHALL NOT EXCEED THIRTEEN MILLION DOLLARS.
  S 30. 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 56 of the laws of 2015, is amended to read as follows:
  S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2016] 2017.
  S  31. Section 99-u of the state finance law, as added by section 2 of
part GG of chapter 59 of the laws of 2013, subdivision 2-a as  added  by
chapter 453 of the laws if 2015, is amended to read as follows:
  S  99-u. New York state teen health education fund. 1. There is hereby
established in the JOINT custody of the STATE  COMPTROLLER  AND  commis-
sioner  of  taxation and finance a special [account] FUND to be known as
the "New York state teen health education fund".
  2. Such fund shall consist of all revenues received by the  department
of  taxation  and  finance,  pursuant  to  the provisions of section six
hundred thirty-c of the tax law and all other moneys appropriated there-
to from any other fund or source pursuant to law. Nothing  contained  in
this  section  shall  prevent  the state from receiving grants, gifts or
bequests for the purposes of the fund as defined  in  this  section  and
depositing them into the fund according to law.
  2-a. On or before the first day of February each year, the commission-
er of [health] EDUCATION shall provide a written report to the temporary
president  of  the  senate, speaker of the assembly, chair of the senate
finance committee, chair of the assembly ways and means committee, chair
of the senate committee on health, chair of the assembly health  commit-
tee, the state comptroller and the public. Such report shall include how
the monies of the fund were utilized during the preceding calendar year,
and shall include:
  (i)  the amount of money dispersed from the fund and the award process
used for such disbursements;
  (ii) recipients of awards from the fund;
  (iii) the amount awarded to each;
  (iv) the purposes for which such awards were granted; and
  (v) a summary financial plan for such monies which shall include esti-
mates of all receipts and all disbursements for the current and succeed-
ing fiscal years, along with the actual results from  the  prior  fiscal
year.
  3. [The moneys in said account shall be retained by the fund and shall
be  released  by  the  commissioner  of  taxation  and finance only upon
certificates signed by the commissioner  of  education  or  his  or  her
designee  and  only  for the purposes set forth in this section.] MONEYS
SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF  THE  COMP-
S. 6406--C                         25                         A. 9006--C
TROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF EDUCA-
TION.
  4.  The  moneys  in  such  fund  shall  be expended for the purpose of
supplementing educational programs in schools for health  and  awareness
of  issues  facing  teens  today when it comes to their health. Eligible
health programs are  those  with  an  established  curriculum  providing
instruction  on  alcohol,  tobacco  and other drug abuse prevention, the
causes and problems associated with teen obesity, and for  awareness  of
the symptoms of teen endometriosis.
  S 32. 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 16 of part A of chapter 56 of the laws of 2015, 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, [2017] 2018.
  S  33. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for  the  support  of
government, as amended by section 17 of part A of chapter 56 of the laws
of 2015, 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,
[2016] 2017 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 twenty-four of this act shall be deemed to be
repealed on and after July 1, [2016] 2017;
  S  34.  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 19 of part A of
chapter 56 of the laws of 2015, 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, [2016] 2017 when
upon such date the provisions of this act shall be deemed repealed.
  S 35. 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 20 of part A of chapter 56 of the laws  of  2015,  is
amended to read as follows:
S. 6406--C                         26                         A. 9006--C
  S  4.  This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2016] 2017.
  S  36.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to the implementation of the No Child Left Behind
Act of 2001, as amended by section 21 of part A of  chapter  56  of  the
laws of 2015, 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, [2016] 2017.
  S 37. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2016--2017 school year, the commissioner of education shall allocate
school bus driver training grants to  school  districts  and  boards  of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit  educational  organizations  for  the purposes of this section. Such
payments shall not exceed four hundred thousand dollars  ($400,000)  per
school year.
  S  38.  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 2017 and not later than the last  day  of  the  third  full
business week of June 2017, a school district eligible for an apportion-
ment  pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the  school  year
ending  June  30, 2017, for salary expenses incurred between April 1 and
June 30, 2016 and such apportionment shall not exceed the sum of (i) the
deficit reduction assessment of 1990--1991 as determined by the  commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186  percent  of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with  a  population  of
more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus  (iv)  the  net  gap  elimination
adjustment  for  2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation adjustment for 2011--2012 as determined by  the  commissioner  of
education  pursuant  to  subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed  such
salary  expenses.  Such  application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
S. 6406--C                         27                         A. 9006--C
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. 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, 2017, a school district eligi-
ble for an apportionment pursuant to section 3602 of the  education  law
shall  be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2017 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
S. 6406--C                         28                         A. 9006--C
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 40. a. Notwithstanding any other law,  rule  or  regulation  to  the
contrary,  any moneys appropriated to the state education department may
be suballocated to other state departments or agencies,  as  needed,  to
accomplish the intent of the specific appropriations contained therein.
  b.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from  the  general
fund/aid  to  localities,  local  assistance  account-001,  shall be for
payment of financial assistance, as  scheduled,  net  of  disallowances,
refunds, reimbursement and credits.
  c.  Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education  department  for  aid  to
localities shall be available for payment of aid heretofore or hereafter
to  accrue  and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
  d. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to  the  state  education  department  for general
support for public schools may be interchanged with any  other  item  of
appropriation  for general support for public schools within the general
fund local assistance account office of  prekindergarten  through  grade
twelve education programs.
  S 41. 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 2016--2017 school year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  42. The amounts specified in this section shall be a set aside from
the state funds which each such district is  receiving  from  the  total
foundation  aid:  for  the  purpose  of  the development, maintenance or
expansion of magnet schools or magnet school programs for the 2016--2017
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,
twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
Rochester  city  school district, fifteen million dollars ($15,000,000);
to  the  Syracuse  city  school  district,  thirteen   million   dollars
($13,000,000);  to  the Yonkers city school district, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,  four  million  six  hundred   forty-five   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
S. 6406--C                         29                         A. 9006--C
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). Notwithstanding  the
provisions 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 instructional or instructional support costs associ-
ated  with  implementation  of  an  alternative approach to reduction of
racial isolation and/or enhancement of  the  instructional  program  and
raising  of  standards  in  elementary  and  secondary schools of school
districts having substantial concentrations of  minority  students.  The
commissioner  of  education  shall  not be authorized to withhold magnet
grant funds from a school district that used such  funds  in  accordance
with  this section, notwithstanding any inconsistency with a request for
proposals issued by such commissioner. For  the  purpose  of  attendance
improvement  and  dropout prevention for the 2016--2017 school year, for
any city school district in a city having a population of more than  one
million, the set aside for attendance improvement and dropout prevention
shall  equal  the  amount set aside in the base year. For the 2016--2017
school year, it is further provided that any city school district  in  a
city  having  a  population  of  more than one million shall allocate at
least one-third of any increase from base year levels in funds set aside
pursuant to the requirements of this section to  community-based  organ-
izations.  Any  increase required pursuant to this section to community-
based organizations must be  in  addition  to  allocations  provided  to
community-based  organizations  in  the  base  year.  For the purpose of
teacher support for the 2016--2017  school  year:  to  the  city  school
district  of the city of New York, sixty-two million seven hundred seven
thousand dollars ($62,707,000); to the Buffalo city school district, one
million seven hundred forty-one thousand dollars  ($1,741,000);  to  the
Rochester city school district, one million seventy-six thousand dollars
($1,076,000);  to  the  Yonkers  city  school  district, one million one
hundred forty-seven thousand dollars ($1,147,000); and to  the  Syracuse
city  school  district,  eight hundred nine thousand dollars ($809,000).
All funds made available to a school district pursuant to  this  section
shall  be  distributed among teachers including prekindergarten teachers
and teachers of adult vocational and  academic  subjects  in  accordance
with  this  section  and  shall be in 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 subdivi-
sion 27 of section 3602 of the education law for prior years.  In school
S. 6406--C                         30                         A. 9006--C
districts where the teachers 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 agree-
ment between a school district and a certified  or  recognized  employee
organization.
  S  43.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws  of  2016  enacting
the  aid  to  localities  budget  shall be apportioned for the 2016-2017
state fiscal year in accordance with the  provisions  of  sections  271,
272,  273,  282,  284,  and  285  of the education law as amended by the
provisions of this chapter and the provisions of this section,  provided
that library construction aid pursuant to section 273-a of the education
law  shall  not  be  payable  from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it  received  for  the  year  2001-2002
except as a result of a reduction adjustment necessary to conform to the
appropriations  for  support  of  public  libraries. Notwithstanding any
other provision of law to the contrary the moneys appropriated  for  the
support  of  public libraries for the year 2016-2017 by a chapter of the
laws of 2016 enacting the education, labor and family assistance  budget
shall  fulfill  the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations  shall  be  reduced  proportionately  to
assure  that  the  total amount of aid payable does not exceed the total
appropriations for such purpose.
  S 44.  Subdivision a of section 5 of chapter 121 of the laws  of  1996
relating  to  authorizing  the  Roosevelt  union free school district to
finance deficits by the issuance of serial bonds, as amended by  section
26-b  of part A of chapter 56 of the laws of 2015, is amended to read as
follows:
  a. Notwithstanding any other provisions of law,  upon  application  to
the  commissioner of education submitted not sooner than April first and
not later than June thirtieth of the applicable school year, the  Roose-
velt  union  free school district shall be eligible to receive an appor-
tionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school
year.  Such apportionment shall not exceed: for the 1996-97 school  year
through   the  [2015-16]  2016-17  school  year,  four  million  dollars
($4,000,000); for the  [2016-17]  2017-18  school  year,  three  million
dollars ($3,000,000); for the [2017-18] 2018-19 school year, two million
dollars ($2,000,000); for the [2018-19] 2019-20 school year, one million
dollars  ($1,000,000);  and  for the [2019-20] 2020-21 school year, zero
dollars.   Such annual application shall be  made  after  the  board  of
education  has  adopted  a  resolution to do so with the approval of the
commissioner of education.
  S 45.  Paragraph a-1 of subdivision 11 of section 3602 of  the  educa-
tion law, as amended by section 15-a of part A of chapter 56 of the laws
of 2015, is amended to read as follows:
  a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through two thousand nine--two thousand ten, and two  thousand  eleven--
two thousand twelve through two thousand [fifteen] SIXTEEN--two thousand
S. 6406--C                         31                         A. 9006--C
[sixteen]  SEVENTEEN,  the  commissioner  may set aside an amount not to
exceed two million five hundred thousand dollars from the  funds  appro-
priated  for  purposes  of  this  subdivision for the purpose of serving
persons  twenty-one  years of age or older who have not been enrolled in
any school for the preceding school year,  including  persons  who  have
received  a  high  school diploma or high school equivalency diploma but
fail to demonstrate basic educational competencies as defined  in  regu-
lation  by  the  commissioner,  when  measured  by accepted standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
  S 46. The commissioner of education is hereby authorized and  directed
to  examine  the process for determining the number of eligible students
in the federal and state free and reduced price lunch program  that  are
used  to  calculate  aid  under  section  3602  of the education law for
districts that are participating in the community eligibility  provision
program  authorized  by  the  Healthy,  Hunger-Free Kids Act of 2010 and
prepare a report of recommendations that would ensure  a  more  accurate
representation  of  this population for use in such education aid formu-
lae. In developing such recommendations the commissioner  shall  consult
with  impacted districts, including city school districts of cities with
one hundred twenty-five thousand inhabitants or more.  Provided further,
in developing such recommendations, the commissioner shall examine other
reliable measures of student poverty. The report shall be  submitted  to
the  director of the budget, the chairs of the senate finance committee,
the assembly ways and means committee, the senate  education  committee,
and the assembly education committee on or before October 1, 2016.
  S  47. Clause (c) of subparagraph 5 of paragraph e of subdivision 6 of
section 3602 of the education law, as amended by section 7-a of  part  A
of chapter 56 of the laws of 2015, is amended to read as follows:
  (c)  At  the  end  of each ten year segment of an assumed amortization
established pursuant to subparagraphs two, three and four of this  para-
graph,  or  in  the  [two  thousand sixteen--two thousand seventeen] TWO
THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN school year  in  the  case  of
assumed  amortizations  whose ten year segment ends prior to such school
year, the commissioner shall revise the remaining  scheduled  semiannual
payments of the outstanding principal and interest of such assumed amor-
tization, other than the outstanding principal and interest of refunding
bonds  where the district can demonstrate to the commissioner that it is
precluded by state or federal law, rule or regulation  from  refinancing
such  outstanding  principal  and  interest, based on the interest rates
applicable for the current year if the difference of the  interest  rate
upon  which the existing assumed amortization is based minus such inter-
est rate applicable for the current year is equal to or greater than one
quarter of one-one hundredth. Provided however, in the case  of  assumed
amortization  whose  ten  year  segment ended prior to the [two thousand
sixteen--two thousand seventeen] TWO  THOUSAND  SEVENTEEN--TWO  THOUSAND
EIGHTEEN  school  year  the  next  ten  year  segment shall be deemed to
commence with the [two thousand  sixteen--two  thousand  seventeen]  TWO
THOUSAND  SEVENTEEN--TWO  THOUSAND  EIGHTEEN school year. The department
shall notify school districts of projects subject to the  provisions  of
this  clause  by  no later than December first next preceding the school
year in which the assumed amortization is scheduled to be revised pursu-
ant to this clause.
  S 48. Notwithstanding any provision of law to the  contrary,  for  the
Sandy  Creek  central  school district having a penalty arising from the
late filing of a final cost report pursuant to section 31 of part  A  of
S. 6406--C                         32                         A. 9006--C
chapter  57  of  the  laws  of  2012  in  the  amount  of  not more than
$4,694,839, the commissioner of education shall recover such penalty  in
five  equal  annual  installments beginning the later of June of 2017 or
June of the school year in which such district is notified of the penal-
ty.  Provided  further  that  such district may elect to make an initial
payment no later than  thirty  days  in  advance  of  the  first  annual
installment which shall reduce the amount of each annual installment.
  S  49.  Notwithstanding  any provision of law to the contrary, for the
Newburgh city school district having a penalty  arising  from  the  late
filing  of a final cost report pursuant to section 31 of part A of chap-
ter 57 of the laws of 2012 in the amount of not more  than  $12,747,495,
the  commissioner  of education shall recover such penalty in five equal
annual installments beginning the later of June of 2017 or June  of  the
school  year in which such district is notified of the penalty. Provided
further that such district may elect to make an initial payment no later
than thirty days in advance of the first annual installment which  shall
reduce the amount of each annual installment.
  S  50.  Notwithstanding  any provision of law to the contrary, for the
Islip union free school district having a penalty arising from the  late
filing  of a final cost report pursuant to section 31 of part A of chap-
ter 57 of the laws of 2012 in the amount of not  more  than  $1,246,922,
the  commissioner  of education shall recover such penalty in five equal
annual installments beginning the later of June of 2017 or June  of  the
school  year in which such district is notified of the penalty. Provided
further that such district may elect to make an initial payment no later
than thirty days in advance of the first annual installment which  shall
reduce the amount of each annual installment.
  S  51.  Notwithstanding  any provision of law to the contrary, for the
Mattituck-Cutchogue union free school district having a penalty  arising
from  the  late  filing of a final cost report pursuant to section 31 of
part A of chapter 57 of the laws of 2012 in the amount of  not more than
$999,823, the commissioner of education shall recover  such  penalty  in
five  equal  annual  installments beginning the later of June of 2017 or
June of the school year in which such district is notified of the penal-
ty.  Provided further that such district may elect to  make  an  initial
payment  no  later  than  thirty  days  in  advance  of the first annual
installment which shall reduce the amount of each annual installment.
  S 52. Notwithstanding any provision of the law to  the  contrary,  for
the  Lackawanna  city  school district having a penalty arising from the
late filing of a final cost report pursuant to section 31 of part  A  of
chapter  57 of the laws of 2012 in the amount of not more than $839,524,
the commissioner of education shall recover such penalty in  five  equal
annual  installments  beginning the later of June of 2017 or June of the
school year in which such district is notified of the penalty.  Provided
further that such district may elect to make an initial payment no later
than thirty days in advance of the first annual installment which  shall
reduce the amount of each annual installment.
  S  53.  Subdivision 4 of section 3627 of the education law, as amended
by section 1 of part C of chapter 60 of the laws of 2015, is amended  to
read as follows:
  4.  Notwithstanding  any  other  provision of law to the contrary, any
expenditures for transportation provided pursuant to this section in the
two thousand thirteen--two thousand fourteen  [and  two  thousand  four-
teen--two  thousand  fifteen]  school  year and thereafter and otherwise
eligible for transportation aid pursuant to subdivision seven of section
thirty-six hundred two of this  article  shall  be  considered  approved
S. 6406--C                         33                         A. 9006--C
transportation   expenses  eligible  for  transportation  aid,  provided
further that for the two thousand thirteen--two thousand fourteen school
year such aid shall be limited to eight  million  one  hundred  thousand
dollars  and  for the two thousand fourteen--two thousand fifteen school
year [and thereafter] such aid shall be limited to  THE  SUM  OF  twelve
million  six  hundred  thousand dollars PLUS THE BASE AMOUNT AND FOR THE
TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL  YEAR  AND  THEREAFTER
SUCH  AID  SHALL  BE LIMITED TO THE SUM OF SEVENTEEN MILLION ONE HUNDRED
THOUSAND DOLLARS PLUS THE BASE AMOUNT. FOR PURPOSES OF THIS SUBDIVISION,
"BASE AMOUNT" MEANS THE AMOUNT OF TRANSPORTATION AID PAID TO THE  SCHOOL
DISTRICT FOR EXPENDITURES INCURRED IN THE TWO THOUSAND TWELVE--TWO THOU-
SAND THIRTEEN SCHOOL YEAR FOR TRANSPORTATION THAT WOULD HAVE BEEN ELIGI-
BLE  FOR AID PURSUANT TO THIS SECTION HAD THIS SECTION BEEN IN EFFECT IN
SUCH SCHOOL YEAR, EXCEPT THAT SUBDIVISION SIX OF THIS SECTION  SHALL  BE
DEEMED  NOT  TO  HAVE  BEEN IN EFFECT.   And provided further that [such
expenditures eligible for aid under this section  shall  supplement  not
supplant  local expenditures for such transportation in the two thousand
twelve--two thousand thirteen school year]  THE  SCHOOL  DISTRICT  SHALL
CONTINUE TO ANNUALLY EXPEND FOR THE TRANSPORTATION DESCRIBED IN SUBDIVI-
SION  ONE  OF  THIS  SECTION AT LEAST THE EXPENDITURES USED FOR THE BASE
AMOUNT.
  S 54. 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  55.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2016, provided,
however, that sections one, six, seven, eight, ten, twenty-six,  twenty-
seven,  twenty-eight, twenty-nine, thirty-seven, forty-one and forty-two
of this act shall take effect July 1, 2016; provided, further, that  the
amendments  to  chapter  756 of the laws of 1992, amending the education
law relating to funding a program for work force education conducted  by
a  consortium  for  worker  education  in New York City made by sections
twenty-eight and twenty-nine of this act shall not affect the repeal  of
such  chapter and shall be deemed repealed therewith, provided, further,
that section thirty-three of this act shall take effect immediately  and
shall  be  deemed to have been in full force and effect on and after the
effective date of section 140 of chapter 82 of the laws of 1995.
                                 PART B
  Section 1.  Section 2801-a of the education law, as added  by  chapter
181 of the laws of 2000, subdivision 1 as amended  by chapter 380 of the
laws of 2001, is amended to read as follows:
  S  2801-a. School safety plans. 1. The board of education or trustees,
as defined in section two of this  chapter,  of  every  school  district
within the state, however created, and every board of cooperative educa-
tional  services and county vocational education and extension board and
the chancellor of the city school district of the city of New York shall
S. 6406--C                         34                         A. 9006--C
adopt and amend a comprehensive district-wide  school  safety  plan  and
building-level [school safety] EMERGENCY RESPONSE plans regarding crisis
intervention,  emergency  response  and management, provided that in the
city  school  district  of  the  city  of  New York, such plans shall be
adopted by the chancellor of the city school district. Such plans  shall
be  developed by a district-wide school safety team and a building-level
[school safety] EMERGENCY RESPONSE team established pursuant to subdivi-
sion four of this section and shall  be  in  a  form  developed  by  the
commissioner  in  consultation  with  the  division  of criminal justice
services, the superintendent of the state police and any other appropri-
ate state agencies. [A school district having only one school  building,
shall  develop  a  single building-level school safety plan, which shall
also fulfill all requirements for development of a district-wide plan.]
 THE COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF THE  STATE
POLICE,  IS  AUTHORIZED  TO  DEVELOP AN APPEALS PROCESS FROM DUPLICATIVE
REQUIREMENTS OF A DISTRICT-WIDE SCHOOL SAFETY PLAN FOR SCHOOL  DISTRICTS
HAVING ONLY ONE SCHOOL BUILDING.
  2.  Such comprehensive district-wide safety plan shall be developed by
the district-wide school safety team and shall include at a minimum:
  a. policies and procedures for responding to implied or direct threats
of violence by students, teachers, other school  personnel  as  well  as
visitors  to  the  school,  INCLUDING  THREATS BY STUDENTS AGAINST THEM-
SELVES, WHICH FOR THE PURPOSES OF THIS SECTION SHALL INCLUDE SUICIDE;
  b. policies and procedures for  responding  to  acts  of  violence  by
students,  teachers,  other  school personnel as well as visitors to the
school, including consideration of zero-tolerance  policies  for  school
violence;
  c. appropriate prevention and intervention strategies such as:
  (i)  collaborative  arrangements  with state and local law enforcement
officials, designed to ensure that  school  safety  officers  and  other
security  personnel  are  adequately trained, including being trained to
de-escalate potentially violent  situations,  and  are  effectively  and
fairly recruited;
  (ii) non-violent conflict resolution training programs;
  (iii) peer mediation programs and youth courts; and
  (iv) extended day and other school safety programs;
  d.  policies and procedures for contacting appropriate law enforcement
officials in the event of a violent incident;
  e. policies  and  procedures  for  contacting  parents,  guardians  or
persons  in  parental  relation  to  the students of the district in the
event of a violent incident AND POLICIES AND PROCEDURES  FOR  CONTACTING
PARENTS,  GUARDIANS  OR  PERSONS  IN  PARENTAL RELATION TO AN INDIVIDUAL
STUDENT OF THE DISTRICT IN THE EVENT OF AN IMPLIED OR DIRECT  THREAT  OF
VIOLENCE  BY SUCH STUDENT AGAINST THEMSELVES, WHICH FOR PURPOSES OF THIS
SECTION SHALL INCLUDE SUICIDE;
  f. policies and  procedures  relating  to  school  building  security,
including  where  appropriate  the  use of school safety officers and/or
security devices or procedures;
  g. policies and procedures for the dissemination of informative  mate-
rials  regarding  the  early detection of potentially violent behaviors,
including but not limited to the identification of family, community and
environmental factors, to teachers,  administrators,  school  personnel,
persons  in  parental relation to students of the district, students and
other persons deemed appropriate to receive such information;
  h. policies and procedures for annual school safety training for staff
and students; PROVIDED THAT THE DISTRICT MUST CERTIFY TO THE COMMISSION-
S. 6406--C                         35                         A. 9006--C
ER THAT ALL STAFF  HAVE  UNDERGONE  ANNUAL  TRAINING  ON  THE  EMERGENCY
RESPONSE PLAN, AND THAT THE SCHOOL SAFETY TRAINING INCLUDE COMPONENTS ON
VIOLENCE  PREVENTION AND MENTAL HEALTH, SUCH TRAINING MAY BE IMPLEMENTED
AND  CONDUCTED IN CONJUNCTION WITH EXISTING PROFESSIONAL DEVELOPMENT AND
TRAINING; PROVIDED HOWEVER THAT NEW EMPLOYEES HIRED AFTER THE  START  OF
THE  SCHOOL  YEAR SHALL RECEIVE TRAINING WITHIN THIRTY DAYS OF SUCH HIRE
OR AS PART OF A DISTRICT'S EXISTING NEW HIRE TRAINING PROGRAM, WHICHEVER
IS SOONER;
  i. protocols for responding to bomb threats,  hostage-takings,  intru-
sions and kidnappings;
  j.  strategies  for improving communication among students and between
students and staff and reporting of potentially violent incidents,  such
as  the  establishment  of  youth-run programs, peer mediation, conflict
resolution, creating a  forum  or  designating  a  mentor  for  students
concerned with bullying or violence and establishing anonymous reporting
mechanisms for school violence; [and]
  k.  a  description of the duties of hall monitors and any other school
safety personnel, the training required of all  personnel  acting  in  a
school  security  capacity, and the hiring and screening process for all
personnel acting in a school security capacity; AND
  1.  THE DESIGNATION OF THE SUPERINTENDENT, OR SUPERINTENDENT'S  DESIG-
NEE,  AS THE DISTRICT CHIEF EMERGENCY OFFICER RESPONSIBLE FOR COORDINAT-
ING COMMUNICATION BETWEEN SCHOOL STAFF AND  LAW  ENFORCEMENT  AND  FIRST
RESPONDERS, AND ENSURING STAFF UNDERSTANDING OF THE DISTRICT-LEVEL SAFE-
TY  PLAN.  THE  CHIEF  EMERGENCY  OFFICER  SHALL ALSO BE RESPONSIBLE FOR
ENSURING THE COMPLETION AND YEARLY UPDATING OF BUILDING-LEVEL  EMERGENCY
RESPONSE PLANS.
  3. A [school] BUILDING LEVEL emergency response plan, developed by the
building-level [school safety] EMERGENCY RESPONSE team defined in subdi-
vision  four  of this section, shall BE KEPT CONFIDENTIAL, INCLUDING BUT
NOT LIMITED TO THE FLOOR PLANS, BLUEPRINTS, SCHEMATICS OR OTHER MAPS  OF
THE  SCHOOL  INTERIOR,  SCHOOL  GROUNDS  AND  ROAD MAPS OF THE IMMEDIATE
SURROUNDING AREA, AND  SHALL  NOT  BE  DISCLOSED  EXCEPT  TO  AUTHORIZED
DEPARTMENT  OR  SCHOOL  STAFF,  AND  LAW ENFORCEMENT OFFICERS, AND SHALL
include the following elements:
  a. policies and procedures  for  [the  safe  evacuation  of  students,
teachers,  other  school  personnel as well as visitors to the school in
the event of a serious violent incident or other emergency, which  shall
include  evacuation routes and shelter sites and procedures for address-
ing medical needs, transportation and emergency notification to  persons
in  parental  relation  to  a student. For purposes of this subdivision,
"serious violent incident" means an incident of violent criminal conduct
that is, or appears to be, life threatening and warrants the  evacuation
of  students and/or staff, as defined in regulations of the commissioner
developed in conjunction with the division of criminal justice services]
RESPONSE TO EMERGENCY SITUATIONS, SUCH AS  THOSE  REQUIRING  EVACUATION,
SHELTERING,  AND  LOCK-DOWN. THESE POLICIES SHALL INCLUDE, AT A MINIMUM,
EVACUATION ROUTES, SHELTER SITES, AND PROCEDURES FOR ADDRESSING  MEDICAL
NEEDS,  TRANSPORTATION AND EMERGENCY NOTIFICATION OF PARENTS AND GUARDI-
ANS;
  b. designation of an  emergency  response  team  comprised  of  school
personnel,  [local] law enforcement officials, FIRE OFFICIALS and repre-
sentatives from local regional and/or state emergency response agencies,
other appropriate incident response teams, and a post-incident  response
team  that  includes  appropriate  school  personnel, medical personnel,
S. 6406--C                         36                         A. 9006--C
mental health counselors and others who can assist the school  community
in coping with the aftermath of a violent incident;
  c.  [procedures  for assuring that crisis response and law enforcement
officials have access to] floor plans, blueprints, schematics  or  other
maps of the school interior, school grounds and road maps of the immedi-
ate surrounding area;
  d.  establishment  of  internal  and external communication systems in
emergencies;
  e. definition of the chain of command in a manner consistent with  the
national interagency incident management system/incident command system;
  f.  coordination  of  the [school safety] EMERGENCY RESPONSE plan with
the state-wide plan for disaster mental health services to  assure  that
the  school  has  access  to  federal,  state  and  local  mental health
resources in the event of a violent incident;
  g. procedures for review and the conduct of drills and other exercises
to test components of the emergency response plan; and
  h. policies and procedures for securing and restricting access to  the
crime  scene in order to preserve evidence in cases of violent crimes on
school property.
  4. Each district-wide school safety team shall  be  appointed  by  the
board  of  education,  or  the chancellor in the case of the city school
district of the city of New York, and shall include but not  be  limited
to  representatives of the school board, [student,] teacher, administra-
tor, and parent organizations, school safety personnel, and other school
personnel.  AT THE DISCRETION OF THE BOARD OF EDUCATION, OR THE CHANCEL-
LOR IN THE CASE OF THE CITY OF NEW YORK, A STUDENT  MAY  BE  ALLOWED  TO
PARTICIPATE  ON  THE SAFETY TEAM, PROVIDED HOWEVER, THAT NO PORTION OF A
CONFIDENTIAL BUILDING-LEVEL EMERGENCY RESPONSE PLAN SHALL BE SHARED WITH
SUCH STUDENT NOR SHALL SUCH STUDENT BE PRESENT WHERE DETAILS OF A CONFI-
DENTIAL BUILDING-LEVEL EMERGENCY RESPONSE PLAN OR CONFIDENTIAL  PORTIONS
OF  A  DISTRICT-WIDE  EMERGENCY  RESPONSE  STRATEGY  ARE DISCUSSED. Each
building-level  [school  safety]  EMERGENCY  RESPONSE  team   shall   be
appointed  by  the building principal, in accordance with regulations or
guidelines prescribed by the board of  education,  chancellor  or  other
governing  body.  Such  building-level  teams  shall  include but not be
limited to representatives of teacher, administrator, and parent  organ-
izations,  school safety personnel and other school personnel, community
members, [local] law enforcement officials, [local ambulance] FIRE OFFI-
CIALS or other emergency response  agencies,  and  any  other  represen-
tatives the board of education, chancellor or other governing body deems
appropriate.
  5. [Each safety plan shall be reviewed by the appropriate school safe-
ty  team  on  at  least  an  annual  basis,  and  updated as needed] THE
DISTRICT-WIDE SAFETY PLAN AND BUILDING-LEVEL  EMERGENCY  RESPONSE  PLANS
SHALL  BE  REVIEWED  BY THE APPROPRIATE TEAM ON AT LEAST AN ANNUAL BASIS
AND UPDATED AS NEEDED.
  6. Each board of education, chancellor or other governing  body  shall
make  each  district-wide [and building-level school] safety plan avail-
able for public comment at least thirty days  prior  to  its  adoption[,
provided  that  only a summary of each building-level emergency response
plan shall be made available for  public  comment].  Such  district-wide
[and building-level] plans may be adopted by the school board only after
at  least  one  public  hearing  that  provides for the participation of
school personnel, parents, students and any  other  interested  parties.
Each  district  shall  file  a copy of its district-wide [comprehensive]
safety plan with the commissioner and all amendments to such plan  shall
S. 6406--C                         37                         A. 9006--C
be  filed  with  the  commissioner no later than thirty days after their
adoption.
  [A]  7. EACH BOARD OF EDUCATION, CHANCELLOR OR OTHER GOVERNING BODY OR
OFFICER SHALL ENSURE A copy of each  building-level  [safety]  EMERGENCY
RESPONSE plan and any amendments thereto, shall be filed with the appro-
priate  local  law  enforcement  agency and with the state police within
thirty days of its adoption.   Building-level emergency  response  plans
shall be confidential and shall not be subject to disclosure under arti-
cle six of the public officers law or any other provision of law. If the
board  of  education,  chancellor  or other governing body or chancellor
fails to file such plan as required by this  section,  the  commissioner
may,  in an amount determined by the commissioner, withhold public money
from the district until the district is in compliance.
  [7. The commissioner may grant a waiver of the  requirements  of  this
section  to  any  school  district  or  board of cooperative educational
services for a period of up to two years from the date of enactment upon
a finding by the commissioner that such district had adopted  a  compre-
hensive  school  safety plan on the effective date of this section which
is in substantial compliance with the requirements of this section.]
  8. The commissioner shall annually report  to  the  governor  and  the
legislature  on the implementation and compliance with the provisions of
this section.
  9. Whenever it shall have been demonstrated to the satisfaction of the
commissioner that a school district  has  failed  to  adopt  a  code  of
conduct  which  fully satisfies the requirements of section twenty-eight
hundred one of this article, or a  [school  safety  plan]  DISTRICT-WIDE
SAFETY  PLAN  OR BUILDING-LEVEL EMERGENCY RESPONSE PLANS which satisfies
the requirements of this section, or to faithfully and completely imple-
ment [either or both] ALL THREE, the commissioner may,  on  thirty  days
notice  to the district, withhold from the district monies to be paid to
such district for the current school year pursuant to section thirty-six
hundred nine-a of this chapter,  exclusive  of  monies  to  be  paid  in
respect of obligations to the retirement systems for school and district
staff  and  pursuant to collective bargaining agreements, or the commis-
sioner may direct the district to expend up  to  such  amount  upon  the
development  and  implementation  of  a  code  of  conduct  and a school
district safety plan as required by such sections. Prior to  such  with-
holding  or  redirection, the commissioner shall provide the district an
opportunity to  present  evidence  of  extenuating  circumstances;  when
combined  with  evidence  that the district shall promptly comply within
short time frames that shall be established by the commissioner as  part
of  an  agreement between the district and the commissioner, the commis-
sioner may temporarily stay the  withholding  or  redirection  of  funds
pending  implementation  of such agreement. If the district promptly and
fully complies with the agreement and is in full  compliance  with  this
section  and  section  twenty-eight  hundred  one  of  this article, the
commissioner shall abate the withholding in its entirety. Any failure to
meet the obligations of the compliance agreement by the district  within
the time frames established shall be considered a willful violation of a
commissioner's  order  by the members of the district board for purposes
of subdivision one of section three hundred six of  the  education  law.
Notwithstanding  any  other law, rule or regulation, such transfer shall
take effect upon filing of a notice thereof with  the  director  of  the
budget  and the chairs of the senate finance and assembly ways and means
committees.
S. 6406--C                         38                         A. 9006--C
  S 2. The section heading and subdivisions 1 and 1-a of section 807  of
the  education law, the section heading as amended by chapter 765 of the
laws of 1964, subdivision 1 as amended by chapter 143  of  the  laws  of
1985  and subdivision 1-a as added by chapter 9 of the laws of 1991, are
amended to read as follows:
  Fire  AND  EMERGENCY drills.  1. It shall be the duty of the principal
or other person in charge of every public or private  school  or  educa-
tional  institution  within  the state, other than colleges or universi-
ties, to instruct and train the pupils by means of drills, so that  they
may in a sudden emergency be able to [leave the school building] RESPOND
APPROPRIATELY  in  the  shortest  possible time and without confusion or
panic. Such drills [or rapid dismissals] shall be held at  least  twelve
times  in each school year, eight of which required drills shall be held
between September first and December [first] THIRTY-FIRST of  each  such
year.  [At  least one-third of all such required drills shall be through
use of the fire escapes on buildings where fire escapes are provided. In
the course of at least one such drill, pupils shall be instructed in the
procedure to be followed in the event that a fire  occurs  during  lunch
period, provided however, that such additional instruction may be waived
where  a drill is held during the regular school lunch period.  At least
four] EIGHT OF ALL SUCH DRILLS SHALL BE EVACUATION DRILLS, FOUR OF WHICH
SHALL BE THROUGH USE OF THE FIRE ESCAPES ON BUILDINGS WHERE FIRE ESCAPES
ARE PROVIDED OR THROUGH THE USE OF IDENTIFIED SECONDARY MEANS OF EGRESS.
FOUR OF ALL SUCH REQUIRED DRILLS SHALL  BE  LOCK-DOWN  DRILLS.    DRILLS
SHALL  BE  CONDUCTED AT DIFFERENT TIMES OF THE SCHOOL DAY.  PUPILS SHALL
BE INSTRUCTED IN THE PROCEDURE TO BE FOLLOWED IN THE EVENT THAT  A  FIRE
OCCURS  DURING THE LUNCH PERIOD OR ASSEMBLY, PROVIDED HOWEVER, THAT SUCH
ADDITIONAL INSTRUCTION MAY BE WAIVED WHERE A DRILL IS  HELD  DURING  THE
REGULAR  SCHOOL  LUNCH PERIOD OR ASSEMBLY.  FOUR additional drills shall
be held in each school year during the hours  after  sunset  and  before
sunrise in school buildings in which students are provided with sleeping
accommodations.    At  least  two additional drills shall be held during
summer school in buildings where summer school is conducted, and one  of
such drills shall be held during the first week of summer school.
  1-a.  In  the  case  of  after-school programs, events or performances
which are conducted within a school building and which  include  persons
who do not regularly attend classes in such school building, the princi-
pal  or other person in charge of the building shall require the teacher
or person in charge of such after-school program, event  or  performance
to  notify  persons in attendance at the beginning of each such program,
event or performance, of the procedures to be followed in the  event  of
an emergency so that they may be able to [leave the building] RESPOND in
a timely, orderly manner.
  S 3. Subdivision 7 of section 3604 of the education law, as amended by
section  31  of  part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  7. No district shall be entitled to any portion of such school  moneys
on  such  apportionment  unless  the  report of the trustees or board of
education for the preceding school  year  shall  show  that  the  public
schools  were actually in session in the district and taught by a quali-
fied teacher or by successive qualified teachers or by qualified  teach-
ers  for  not less than one hundred eighty days. The moneys payable to a
school district pursuant to section thirty-six hundred  nine-a  of  this
chapter  in  the current year shall be reduced by one one-hundred eight-
ieth of the district's total foundation aid for each day less  than  one
hundred  eighty  days  that the schools of the district were actually in
S. 6406--C                         39                         A. 9006--C
session, except that the commissioner may disregard such  reduction,  up
to five days, in the apportionment of public money, if he finds that the
schools  of the district were not in session for one hundred eighty days
because  of  extraordinarily  adverse  weather conditions, impairment of
heating facilities, insufficiency of water  supply,  shortage  of  fuel,
lack  of electricity, natural gas leakage, unacceptable levels of chemi-
cal substances, A CREDIBLE THREAT TO STUDENT SAFETY AS REASONABLY DETER-
MINED BY A LEAD SCHOOL OFFICIAL or the destruction of a school  building
either in whole or in part, and if, further, the commissioner finds that
such  district  cannot make up such days of instruction by using for the
secondary grades all scheduled vacation days which occur  prior  to  the
first  scheduled regents examination day in June, and for the elementary
grades all scheduled vacation days which occur prior to the last  sched-
uled  regents examination day in June. For the purposes of this subdivi-
sion, "scheduled vacation days" shall mean days on which the schools  of
the  district  are not in session and for which no prohibition exists in
subdivision eight of this section for them to be in session.
  S 4. This act shall take effect July 1, 2016.
                                 PART C
                          Intentionally Omitted
                                 PART D
  Section 1. Subparagraph 4 of paragraph h of subdivision 2  of  section
355 of the education law, as amended by chapter 260 of the laws of 2011,
the  opening paragraph as amended by chapter 437 of the laws of 2015 and
clause (ii) as amended by section 1 of part P of chapter 57 of the  laws
of 2012, is amended to read as follows:
  (4)  The trustees shall not impose a differential tuition charge based
upon need or  income.  Except  as  hereinafter  provided,  all  students
enrolled  in  programs  leading to like degrees at state-operated insti-
tutions of the state university shall  be  charged  a  uniform  rate  of
tuition  except for differential tuition rates based on state residency.
Provided, however, that the trustees may authorize the presidents of the
colleges of technology and the colleges of agriculture and technology to
set differing rates of tuition for each of  the  colleges  for  students
enrolled  in degree-granting programs leading to an associate degree and
non-degree granting programs so long  as  such  tuition  rate  does  not
exceed  the  tuition  rate  charged to students who are enrolled in like
degree programs or degree-granting undergraduate programs leading  to  a
baccalaureate  degree  at other state-operated institutions of the state
university of New York. Notwithstanding  any  other  provision  of  this
subparagraph, the trustees may authorize the setting of a separate cate-
gory  of  tuition  rate, that shall be greater than the tuition rate for
resident students and  less  than  the  tuition  rate  for  non-resident
students,  only  for  students enrolled in distance learning courses who
are not residents of the state. Except as otherwise authorized  in  this
subparagraph,  the  trustees  shall  not adopt changes affecting tuition
charges prior to the enactment of the annual  budget,  provided  however
that:
  (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
academic year and ending  in  the  two  thousand  fifteen--two  thousand
sixteen academic year the state university of New York board of trustees
shall  be  empowered  to  increase  the  resident  undergraduate rate of
S. 6406--C                         40                         A. 9006--C
tuition by not more than three hundred dollars over the resident  under-
graduate  rate  of tuition adopted by the board of trustees in the prior
academic year, provided however that COMMENCING WITH  THE  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  ACADEMIC YEAR AND EACH YEAR THEREAFTER if
the annual resident undergraduate rate  of  tuition  would  exceed  five
thousand  dollars,  then  a tuition credit for each eligible student, as
determined and  calculated  by  the  New  York  state  higher  education
services  corporation  pursuant  to section six hundred eighty-nine-a of
this title, shall be applied toward the tuition charged for each  semes-
ter,  quarter  or  term  of study. Tuition for each semester, quarter or
term of study shall not be due for any student eligible to receive  such
tuition  credit  until  the  tuition  credit  is  calculated and applied
against the tuition charged for the corresponding semester,  quarter  or
term.
  (ii)  On  or before November thirtieth, two thousand eleven, the trus-
tees shall approve and submit to the chairs of  the  assembly  ways  and
means  committee and the senate finance committee and to the director of
the budget a master tuition plan setting forth the  tuition  rates  that
the  trustees  propose  for resident undergraduate students for the five
year period commencing with the two thousand eleven--two thousand twelve
academic year and  ending  in  the  two  thousand  fifteen-two  thousand
sixteen  academic year, and shall submit any proposed amendments to such
plan by November thirtieth of each subsequent  year  thereafter  through
November  thirtieth,  two  thousand  fifteen, and provided further, that
with the approval of the board of trustees, each university  center  may
increase  non-resident undergraduate tuition rates each year by not more
than ten percent over the tuition rates of the prior academic year for a
[five] SIX year period  commencing  with  the  [semester  following  the
semester in which the governor and the chancellor of the state universi-
ty  of  New  York  approve the NY-SUNY 2020 proposal for such university
center] TWO THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE  ACADEMIC  YEAR  AND
ENDING  IN  THE  TWO  THOUSAND  SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC
YEAR.
  (iii) [The state shall appropriate annually and make available general
fund operating support, including fringe benefits, for the state univer-
sity in an amount not less than the amount appropriated and made  avail-
able  to the state university in state fiscal year two thousand eleven--
two thousand twelve.]  Beginning  in  state  fiscal  year  two  thousand
twelve-two  thousand  thirteen  and  [thereafter] ENDING IN STATE FISCAL
YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the state shall  appro-
priate  and  make  available  general  fund operating support, including
fringe benefits, for the state university in an amount not less than the
amount appropriated and made available in the prior state  fiscal  year;
provided, however, that if the governor declares a fiscal emergency, and
communicates such emergency to the temporary president of the senate and
speaker  of  the  assembly,  state support for operating expenses at the
state university and city university may be reduced in a manner  propor-
tionate  to  one  another,  and  the aforementioned provisions shall not
apply.
  (iv) For the state university fiscal  years  commencing  two  thousand
eleven--two  thousand  twelve and ending two thousand fifteen--two thou-
sand sixteen, each university center may set  aside  a  portion  of  its
tuition  revenues  derived  from  tuition increases to provide increased
financial aid for New York state resident undergraduate  students  whose
net  taxable  income  is  eighty thousand dollars or more subject to the
approval of a NY-SUNY 2020 proposal by the governor and  the  chancellor
S. 6406--C                         41                         A. 9006--C
of  the state university of New York. Nothing in this paragraph shall be
construed as to authorize that students  whose  net  taxable  income  is
eighty  thousand  dollars  or  more  are eligible for tuition assistance
program awards pursuant to section six hundred sixty-seven of this chap-
ter.
  S  2.  Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 260 of the laws of 2011 and the opening para-
graph as amended by chapter 437 of the laws of 2015, is amended to  read
as follows:
  (a)  The  board  of  trustees  shall establish positions, departments,
divisions and faculties; appoint and in accordance with  the  provisions
of  law  fix  salaries  of instructional and non-instructional employees
therein; establish and conduct courses and curricula;  prescribe  condi-
tions of student admission, attendance and discharge; and shall have the
power  to  determine  in its discretion whether tuition shall be charged
and to regulate tuition charges, and  other  instructional  and  non-in-
structional  fees and other fees and charges at the educational units of
the city university. The trustees shall review  any  proposed  community
college  tuition  increase  and the justification for such increase. The
justification provided by the community college for such increase  shall
include  a  detailed  analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose  a
differential  tuition  charge  based  upon  need or income. All students
enrolled in programs leading to like  degrees  at  the  senior  colleges
shall  be  charged  a  uniform  rate of tuition, except for differential
tuition rates  based  on  state  residency.  Notwithstanding  any  other
provision of this paragraph, the trustees may authorize the setting of a
separate  category  of  tuition  rate,  that  shall  be greater than the
tuition rate for resident students and less than the  tuition  rate  for
non-resident  students,  only for students enrolled in distance learning
courses who are not residents of the state; provided, however, that:
  (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
academic  year  and  ending  in  the  two thousand fifteen--two thousand
sixteen academic year, the city university of New York board of trustees
shall be empowered  to  increase  the  resident  undergraduate  rate  of
tuition  by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in  the  prior
academic  year,  provided  however that COMMENCING WITH THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND EACH  YEAR  THEREAFTER  if
the  annual  resident  undergraduate  rate  of tuition would exceed five
thousand dollars, then a tuition credit for each  eligible  student,  as
determined  and  calculated  by  the  New  York  state  higher education
services corporation pursuant to section six  hundred  eighty-nine-a  of
this  chapter,  shall  be  applied  toward  the tuition charged for each
semester, quarter or term of study.  Tuition for each semester,  quarter
or  term  of  study shall not be due for any student eligible to receive
such tuition credit until the tuition credit is calculated  and  applied
against  the  tuition charged for the corresponding semester, quarter or
term.
  (ii) On or before November thirtieth, two thousand eleven,  the  trus-
tees  shall  approve  and  submit to the chairs of the assembly ways and
means committee and the senate finance committee and to the director  of
the  budget  a  master tuition plan setting forth the tuition rates that
the trustees propose for resident undergraduate students  for  the  five
year period commencing with the two thousand eleven--two thousand twelve
academic  year  and  ending  in  the  two thousand fifteen--two thousand
S. 6406--C                         42                         A. 9006--C
sixteen academic year, and shall submit any proposed amendments to  such
plan  by  November  thirtieth of each subsequent year thereafter through
November thirtieth, two thousand fifteen.
  (iii)  [The  state shall appropriate annually and make available state
support for operating expenses, including fringe benefits, for the  city
university  in  an amount not less than the amount appropriated and made
available to the city university  in  state  fiscal  year  two  thousand
eleven--two  thousand  twelve.] Beginning in state fiscal year two thou-
sand twelve--two thousand thirteen  and  [thereafter]  ENDING  IN  STATE
FISCAL  YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the state shall
appropriate and make available state  support  for  operating  expenses,
including fringe benefits, for the city university in an amount not less
than  the  amount  appropriated  and  made  available in the prior state
fiscal year; provided, however, that if the governor declares  a  fiscal
emergency, and communicates such emergency to the temporary president of
the  senate  and  speaker  of  the assembly, state support for operating
expenses of the state university and city university may be reduced in a
manner proportionate to one another, and the  aforementioned  provisions
shall not apply.
  S 3. Intentionally omitted.
  S 4. Intentionally omitted.
  S 5. Section 16 of chapter 260 of the laws of 2011 amending the educa-
tion law and the New York state urban development corporation act relat-
ing  to  establishing  components  of  the  NY-SUNY 2020 challenge grant
program, as amended by section 65-a of part HH of chapter 57 of the laws
of 2013, is amended to read as follows:
  S 16. This act shall take effect July 1, 2011; provided that  sections
one,  two,  three,  four, five, six, eight, nine, ten, eleven, twelve[,]
AND thirteen[, fourteen and fifteen] of this  act  shall  expire  [5]  6
years  after  such  effective date when upon such date the provisions of
this act shall be deemed repealed; AND PROVIDED  FURTHER  THAT  SECTIONS
FOURTEEN  AND FIFTEEN OF THIS ACT SHALL EXPIRE 5 YEARS AFTER SUCH EFFEC-
TIVE DATE WHEN UPON SUCH DATE THE PROVISIONS OF THIS ACT SHALL BE DEEMED
REPEALED.
  S 6. This act shall take effect immediately; provided that the  amend-
ments  to  subparagraph 4 of paragraph h of subdivision 2 of section 355
of the education law made by section one of this act and the  amendments
to  paragraph  (a) of subdivision 7 of section 6206 of the education law
made by section two of this act shall not affect the expiration of  such
provisions  and  shall  be deemed to expire therewith; provided further,
that if chapter 437 of the laws of 2015 shall not have taken  effect  by
such  effective  date,  then sections one and two of this act shall take
effect on the same day and in the same manner as sections  1  and  3  of
chapter 437 of the laws of 2015, take effect.
                                 PART E
  Section  1.  The  state finance law is amended by adding a new section
99-y to read as follows:
  S 99-Y. SUNY STONY BROOK AFFILIATION ESCROW FUND. 1.   NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO THE CONTRA-
RY,  THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER
AND THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK  (SUNY)  A  TRUST
AND AGENCY FUND, TO BE KNOWN AS THE "SUNY STONY BROOK AFFILIATION ESCROW
FUND" WHICH SHALL BE AVAILABLE WITHOUT FISCAL YEAR LIMITATION.
S. 6406--C                         43                         A. 9006--C
  2.  THE  SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL CONSIST OF (I)
ALL MONIES GENERATED THROUGH THE ACTIVITIES OF STONY BROOK AT  SOUTHAMP-
TON  HOSPITAL,  INCLUDING  BUT  NOT  LIMITED TO PATIENT REVENUE, FEDERAL
REIMBURSEMENT, AND OTHER ASSOCIATED REVENUE SOURCES, (II) RENT  PAYMENTS
MADE  BY  STONY  BROOK  UNIVERSITY  HOSPITAL TO THE SOUTHAMPTON HOSPITAL
ASSOCIATION UNDER A CERTAIN LEASE AGREEMENT APPROVED BY THE DIRECTOR  OF
THE  BUDGET,  THE  OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL AND THE
OFFICE OF THE NEW YORK STATE COMPTROLLER AND (III) TO THE EXTENT PERMIT-
TED UNDER THE LEASE AGREEMENT REFERRED TO  IN  PARAGRAPH  (II)  OF  THIS
SUBDIVISION,  WORKING  CAPITAL ADVANCES AND CAPITAL ACQUISITION ADVANCES
MADE BY STONY BROOK UNIVERSITY  HOSPITAL  TO  THE  SOUTHAMPTON  HOSPITAL
ASSOCIATION.
  3.  MONIES  OF  THE  SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL BE
EXPENDED ONLY FOR THE PURPOSES OF STONY BROOK HOSPITAL AT SOUTHAMPTON.
  S 2. This act shall take effect immediately.
                                 PART F
                          Intentionally Omitted
                                 PART G
  Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of
2005 amending the education law relating to the New York state  licensed
social  worker loan forgiveness program, as amended by section 1 of part
M of chapter 58 of the laws of 2011, is amended to read as follows:
  (a) [section two of this act shall expire and be deemed repealed  June
30,  2016;  and  provided, further that] the amendment to paragraph b of
subdivision 1 of section 679-c and  the  amendment  to  paragraph  2  of
subdivision  a  of  section  679-d of the education law made by sections
three and four of this act shall not affect the repeal of such  sections
and shall be deemed repealed therewith;
  S  2.  Section  3 of part V of chapter 57 of the laws of 2005 amending
the education law relating to the New York state  nursing  faculty  loan
forgiveness  incentive  program  and  the New York state nursing faculty
scholarship program, as amended by section 1 of part L of chapter 58  of
the laws of 2011, is amended to read as follows:
  S  3.  This  act  shall  take  effect on the same date and in the same
manner as Part H of this chapter; provided that section two of this  act
shall  take  effect on the same date and in the same manner as Part I of
this chapter[; and provided further that this act shall  expire  and  be
deemed repealed on June 30, 2016].
  S 3. Section 17  of chapter 31 of the laws of 1985 amending the educa-
tion  law  relating  to  regents scholarships in certain professions, as
amended by section 1 of part K of chapter 58 of the  laws  of  2011,  is
amended to read as follows:
  S  17. This act shall take effect immediately; provided, however, that
the scholarship and loan forgiveness programs  established  pursuant  to
the  provisions  of  this  act shall terminate upon the granting of such
awards for the 2008-2009 school year provided, however, that the regents
physician loan forgiveness program  established  pursuant  to  this  act
shall [not terminate until the granting of such awards] CONTINUE for the
2015-16  school  year[,  provided  that  the  final  disbursement of any
multi-year awards granted in such school year shall be paid] AND  THERE-
AFTER.
S. 6406--C                         44                         A. 9006--C
  S  4.  Paragraph  a of subdivision 5 of section 679-c of the education
law, as amended by section 1 of part E3 of chapter 57  of  the  laws  of
2007, is amended to read as follows:
  a.  The corporation shall convert to a student loan the full amount of
the award given pursuant to this section, plus interest, according to  a
schedule  to  be determined by the corporation if: (1) three years after
the completion of the degree program it is found that an  applicant  did
not begin to provide nursing faculty or clinical nurse faculty services;
(2) if such applicant does not provide nursing faculty or clinical nurs-
ing faculty services for four years within seven years of the completion
of the master's degree program in nursing or doctoral degree; or (3) the
student fails to receive a master's degree in nursing or doctoral degree
that  will  qualify  them as nursing faculty or adjunct clinical faculty
within the three years of receiving the award.  THE TERMS AND CONDITIONS
OF THIS SUBDIVISION SHALL BE DEFERRED FOR ANY INTERRUPTION  IN  GRADUATE
OR  DOCTORAL  STUDY  OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGU-
LATIONS  OF  THE  CORPORATION.  ANY  OBLIGATION  TO  COMPLY  WITH   SUCH
PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH
OF THE RECIPIENT.  NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO
THE  CONTRARY,  THE  CORPORATION  IS  AUTHORIZED TO PROMULGATE RULES AND
REGULATIONS TO PROVIDE FOR THE WAIVER OR  SUSPENSION  OF  ANY  FINANCIAL
OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  S  5.  Subdivision 5 of section 669-d of the education law, as amended
by section 1 of part H1 of chapter 109 of the laws of 2006,  is  amended
to read as follows:
  5.  The corporation shall convert to a student loan the full amount of
the award given pursuant to this section, plus interest, according to  a
schedule to be determined by the corporation if: (a) two years after the
completion of the degree program and receipt of initial certification it
is  found  that  a  recipient  is  not  teaching in the field of math or
science in a school located within New York  state  providing  secondary
education  recognized  by  the board of regents or the university of the
state of New York; or (b) a recipient has not taught  in  the  field  of
math  or  science  in  a  school located within New York state providing
secondary education recognized by the board of regents or the university
of the state of  New  York  for  five  of  the  seven  years  after  the
completion  of  the degree program and receipt of initial certification;
or (c) a recipient fails to complete their  degree  program  or  changes
majors to an undergraduate degree program other than in science or math;
or  (d)  a recipient fails to receive or maintain their teaching certif-
icate or license in New York state; or (e) a recipient fails to  respond
to  requests by the corporation for the status of his or her academic or
professional progress.   THE TERMS AND CONDITIONS  OF  THIS  SUBDIVISION
SHALL  BE  DEFERRED  FOR  ANY  INTERRUPTION IN UNDERGRADUATE OR GRADUATE
STUDY OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGULATIONS  OF  THE
CORPORATION.  ANY  OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED
IN THIS SECTION SHALL BE CANCELLED UPON  THE  DEATH  OF  THE  RECIPIENT.
NOTWITHSTANDING  ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, THE
CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE
FOR THE WAIVER OR SUSPENSION OF ANY  FINANCIAL  OBLIGATION  WHICH  WOULD
INVOLVE EXTREME HARDSHIP.
  S 6. This act shall take effect immediately.
                                 PART H
                          Intentionally Omitted
S. 6406--C                         45                         A. 9006--C
                                 PART I
                          Intentionally Omitted
                                 PART J
                          Intentionally Omitted
                                 PART K
  Section  1.  Subdivision 1 of section 652 of the labor law, as amended
by section 1 of part P of chapter 57 of the laws of 2013, is 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,
  $8.00 on and after December 31, 2013,
  $8.75 on and after December 31, 2014,
  $9.00 on and after December 31, 2015, AND UNTIL DECEMBER 31, 2016, or,
if greater, such other wage as may be established by federal law  pursu-
ant 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.
  (A) NEW YORK CITY. (I) LARGE EMPLOYERS.  EVERY EMPLOYER OF  ELEVEN  OR
MORE  EMPLOYEES  SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED
IN THE CITY OF NEW YORK A WAGE OF NOT LESS THAN:
  $11.00 PER HOUR ON AND AFTER DECEMBER 31, 2016,
  $13.00 PER HOUR ON AND AFTER DECEMBER 31, 2017,
  $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2018, 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.
  (II)  SMALL  EMPLOYERS.  EVERY EMPLOYER OF TEN OR LESS EMPLOYEES SHALL
PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN  THE  CITY  OF  NEW
YORK A WAGE OF NOT LESS THAN:
  $10.50 PER HOUR ON AND AFTER DECEMBER 31, 2016,
  $12.00 PER HOUR ON AND AFTER DECEMBER 31, 2017,
  $13.50 PER HOUR ON AND AFTER DECEMBER 31, 2018,
  $15.00  PER  HOUR ON AND AFTER DECEMBER 31, 2019, 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.
  (B) REMAINDER OF DOWNSTATE. EVERY EMPLOYER SHALL PAY TO  EACH  OF  ITS
EMPLOYEES  FOR  EACH  HOUR WORKED IN THE COUNTIES OF NASSAU, SUFFOLK AND
WESTCHESTER A WAGE NOT LESS THAN:
  $10.00 PER HOUR ON AND AFTER DECEMBER 31, 2016,
  $11.00 PER HOUR ON AND AFTER DECEMBER 31, 2017,
  $12.00 PER HOUR ON AND AFTER DECEMBER 31, 2018,
  $13.00 PER HOUR ON AND AFTER DECEMBER 31, 2019,
  $14.00 PER HOUR ON AND AFTER DECEMBER 31, 2020,
  $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2021,
S. 6406--C                         46                         A. 9006--C
  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.
  (C)  REMAINDER  OF  STATE.  EVERY  EMPLOYER  SHALL  PAY TO EACH OF ITS
EMPLOYEES FOR EACH HOUR WORKED OUTSIDE OF THE CITY OF NEW YORK  AND  THE
COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER, A WAGE OF NOT LESS THAN:
  $9.70 ON AND AFTER DECEMBER 31, 2016,
  $10.40 ON AND AFTER DECEMBER 31, 2017,
  $11.10 ON AND AFTER DECEMBER 31, 2018,
  $11.80 ON AND AFTER DECEMBER 31, 2019,
  $12.50 ON AND AFTER DECEMBER 31, 2020,
  AND  ON  EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED BY THE
COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI-
MUM WAGE INCREASED BY A PERCENTAGE DETERMINED BY  THE  DIRECTOR  OF  THE
BUDGET IN CONSULTATION WITH THE COMMISSIONER, WITH THE RESULT ROUNDED TO
THE NEAREST FIVE CENTS, TOTALING NO MORE THAN FIFTEEN DOLLARS, WHERE THE
PERCENTAGE INCREASE SHALL BE BASED ON INDICES INCLUDING, BUT NOT LIMITED
TO,  (I)  THE  RATE OF INFLATION FOR THE MOST RECENT TWELVE MONTH PERIOD
ENDING JUNE OF THAT YEAR BASED ON THE CONSUMER PRICE INDEX FOR ALL URBAN
CONSUMERS ON A NATIONAL AND SEASONALLY UNADJUSTED BASIS  (CPI-U),  OR  A
SUCCESSOR  INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR,
(II) THE RATE OF STATE PERSONAL INCOME GROWTH  FOR  THE  PRIOR  CALENDAR
YEAR, OR A SUCCESSOR INDEX, PUBLISHED BY THE BUREAU OF ECONOMIC ANALYSIS
OF  THE  UNITED STATES DEPARTMENT OF COMMERCE, OR (III) WAGE GROWTH; OR,
IF GREATER, SUCH OTHER WAGE AS MAY BE ESTABLISHED BY FEDERAL LAW  PURSU-
ANT 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.
  (D)  THE  RATES AND SCHEDULES ESTABLISHED IN PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION SHALL NOT BE DEEMED TO BE THE MINIMUM WAGE  UNDER  THIS
SUBDIVISION  FOR  PURPOSES OF THE CALCULATIONS SPECIFIED IN SUBDIVISIONS
ONE AND TWO OF SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS CHAPTER.
  S 2. Subdivisions 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:
  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] TWO-THIRDS OF  THE  MINIMUM  WAGE  RATES  SET
FORTH  IN  SUBDIVISION  ONE OF THIS SECTION, ROUNDED TO THE NEAREST FIVE
CENTS OR SEVEN DOLLARS AND FIFTY CENTS, WHICHEVER  IS  HIGHER,  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 subdivision, the cash wage payable under this subdivi-
sion 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. 6406--C                         47                         A. 9006--C
[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,] PURSUANT  TO
SUBDIVISION FOUR OF THIS SECTION 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  3.  Subdivision 6 of section 652 of the labor law is REPEALED and a
new subdivision 6 is added to read as follows:
  6. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, AND  SECTIONS  SIX
HUNDRED  FIFTY-THREE  AND  SIX HUNDRED FIFTY-FIVE OF THIS ARTICLE, ON OR
AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, AND EACH JANUARY FIRST THER-
EAFTER UNTIL SUCH TIME AS THE MINIMUM WAGE IS  FIFTEEN  DOLLARS  IN  ALL
AREAS  OF THE STATE, THE DIVISION OF BUDGET SHALL CONDUCT AN ANALYSIS OF
THE STATE OF THE ECONOMY IN EACH REGION, AND THE EFFECT OF  THE  MINIMUM
WAGE INCREASES LISTED IN THIS SECTION, TO DETERMINE WHETHER THERE SHOULD
BE  A  TEMPORARY  SUSPENSION  OR  DELAY IN ANY SCHEDULED INCREASES.   IN
CONDUCTING ITS ANALYSIS,  THE  DIVISION  OF  BUDGET  SHALL  CONSULT  THE
DEPARTMENT,  THE  DEPARTMENT'S  DIVISION OF RESEARCH AND STATISTICS, THE
UNITED STATES DEPARTMENT OF LABOR, THE FEDERAL RESERVE BANK OF NEW  YORK
AND  OTHER ECONOMIC EXPERTS. THE DIVISION OF BUDGET WILL REFERENCE WELL-
ESTABLISHED ECONOMIC INDEXES AND ACCEPTED  ECONOMIC  FACTORS,  INCLUDING
THOSE  SET  FORTH  IN SECTION SIX HUNDRED FIFTY-FOUR OF THIS ARTICLE, TO
JUSTIFY AND EXPLAIN ITS DECISION.   AFTER  REVIEWING  SUCH  INDEXES  AND
FACTORS, THE DIVISION SHALL DETERMINE WHETHER SCHEDULED INCREASES IN THE
MINIMUM  WAGE  SHALL  CONTINUE  UP TO AND INCLUDING FIFTEEN DOLLARS. THE
DIVISION OF BUDGET WILL ISSUE A REPORT AND RECOMMENDATION TO THE COMMIS-
SIONER, WHO SHALL TAKE ACTION ON THAT REPORT AND RECOMMENDATION PURSUANT
TO SECTION SIX HUNDRED FIFTY-SIX OF THIS ARTICLE.
  S 4. Notwithstanding sections 653, 655, 656 and 659 of the labor  law,
the power of the commissioner of labor to appoint, convene, or reconvene
a wage board, and to take action upon the report and recommendation of a
wage  board  shall exclude the power to appoint, convene, or reconvene a
wage board to inquire into, report, and recommend a  wage  that  exceeds
the  highest  rate  listed in section 652 of the labor law as amended by
section one of this act prior to such rate becoming effective, and shall
exclude the power to take action on, adopt, or modify, any prior  recom-
mendation  by  any  wage  board  to establish such wage. Such limitation
shall not preclude such commissioner's power  to  appoint,  convene,  or
reconvene a wage board to inquire into, report and recommend regulations
to carry out the purposes of article 19 of the labor law.
  S  5. Notwithstanding subdivision 2 of section 652 and subdivision (2)
of section 653 of the labor law, the commissioner of  labor  may  smooth
wages and modify an existing wage order to conform with subdivision 1 of
section 652 of the labor law, as amended by section one of this act, and
provided  further  that  in  no event may a worker's wages be reduced by
such conformity.
  S 6. This act shall take effect immediately.
                                 PART L
                          Intentionally Omitted
                                 PART M
S. 6406--C                         48                         A. 9006--C
  Section 1. Clause (G) of subparagraph (vii) of paragraph 2 of subdivi-
sion (d) of section 1089 of the family court act, as added by section 27
of part A of chapter 3 of the laws  of  2005,  is  amended  to  read  as
follows:
  (G) where a child has or will before the next permanency hearing reach
the age of fourteen, (I) the services and assistance necessary to assist
the  child  in learning independent living skills TO ASSIST THE CHILD TO
MAKE THE TRANSITION FROM FOSTER CARE TO SUCCESSFUL ADULTHOOD;  AND  (II)
A.  THAT  THE PERMANENCY PLAN DEVELOPED FOR THE CHILD IN FOSTER CARE WHO
HAS ATTAINED THE AGE OF FOURTEEN, AND ANY REVISION OR  ADDITION  TO  THE
PLAN,  SHALL  BE  DEVELOPED  IN  CONSULTATION WITH THE CHILD AND, AT THE
OPTION OF THE CHILD, WITH UP TO TWO MEMBERS OF  THE  CHILD'S  PERMANENCY
PLANNING  TEAM  WHO  ARE  SELECTED BY THE CHILD AND WHO ARE NOT A FOSTER
PARENT OF, OR THE CASE WORKER, CASE PLANNER OR  CASE  MANAGER  FOR,  THE
CHILD EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY
OF  THE  CHILD MAY REJECT AN INDIVIDUAL SO SELECTED BY THE CHILD IF SUCH
LOCAL COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE  INDIVIDUAL  WOULD
NOT  ACT  IN THE BEST INTERESTS OF THE CHILD, AND B. THAT ONE INDIVIDUAL
SO SELECTED BY THE CHILD MAY BE DESIGNATED TO  BE  THE  CHILD'S  ADVISOR
AND,  AS  NECESSARY,  ADVOCATE,  WITH  RESPECT TO THE APPLICATION OF THE
REASONABLE AND PRUDENT PARENT STANDARD TO THE CHILD; and
  S 2. Paragraph (b) of subdivision 7 of section  355.5  of  the  family
court  act, as amended by section 17 of part L of chapter 56 of the laws
of 2015, is amended to read as follows:
  (b) in the case of a respondent who has attained the age of  fourteen,
(I)  the  services  needed, if any, to assist the respondent to make the
transition from foster care to [independent  living]  SUCCESSFUL  ADULT-
HOOD; AND (II)(A) THAT THE PERMANENCY PLAN DEVELOPED FOR THE RESPONDENT,
AND  ANY REVISION OR ADDITION TO THE PLAN, SHALL BE DEVELOPED IN CONSUL-
TATION WITH THE RESPONDENT AND, AT THE OPTION OF THE RESPONDENT, WITH UP
TO TWO MEMBERS OF THE RESPONDENT'S  PERMANENCY  PLANNING  TEAM  WHO  ARE
SELECTED  BY  THE RESPONDENT AND WHO ARE NOT A FOSTER PARENT OF, OR CASE
WORKER, CASE PLANNER OR CASE MANAGER FOR, THE  CHILD,  EXCEPT  THAT  THE
LOCAL  COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE RESPONDENT OR
THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES  IF  SUCH
OFFICE  HAS  CUSTODY OF THE RESPONDENT MAY REJECT AN INDIVIDUAL SELECTED
BY THE RESPONDENT IF SUCH COMMISSIONER HAS GOOD CAUSE  TO  BELIEVE  THAT
THE  INDIVIDUAL  WOULD  NOT ACT IN THE BEST INTERESTS OF THE RESPONDENT,
AND (B) THAT ONE INDIVIDUAL SO SELECTED BY THE RESPONDENT MAY BE  DESIG-
NATED  TO  BE THE RESPONDENT'S ADVISOR AND, AS NECESSARY, ADVOCATE, WITH
RESPECT  TO  THE  APPLICATION  OF  THE  REASONABLE  AND  PRUDENT  PARENT
STANDARD;
  S  3. Paragraph (ii) of subdivision (d) of section 756-a of the family
court act, as amended by section 22 of part L of chapter 56 of the  laws
of 2015, is amended to read as follows:
  (ii)  in the case of a child who has attained the age of fourteen, (A)
the services needed, if any, to assist the child to make the  transition
from  foster  care  to  [independent  living]  SUCCESSFUL ADULTHOOD; AND
(B)(1) THAT THE  PERMANENCY  PLAN  DEVELOPED  FOR  THE  CHILD,  AND  ANY
REVISION OR ADDITION TO THE PLAN SHALL BE DEVELOPED IN CONSULTATION WITH
THE  CHILD  AND,  AT  THE OPTION OF THE CHILD, WITH UP TO TWO ADDITIONAL
MEMBERS OF THE CHILD'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY  THE
CHILD  AND  WHO ARE NOT A FOSTER PARENT OF, OR CASE WORKER, CASE PLANNER
OR CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE  LOCAL  COMMISSIONER  OF
SOCIAL  SERVICES  WITH  CUSTODY OF THE CHILD MAY REJECT AN INDIVIDUAL SO
SELECTED BY THE CHILD IF SUCH COMMISSIONER HAS  GOOD  CAUSE  TO  BELIEVE
S. 6406--C                         49                         A. 9006--C
THAT  THE  INDIVIDUAL  WOULD NOT ACT IN THE BEST INTERESTS OF THE CHILD,
AND (2) THAT ONE INDIVIDUAL SO SELECTED BY THE CHILD MAY  BE  DESIGNATED
TO  BE  THE  CHILD'S ADVISOR AND, AS NECESSARY, ADVOCATE WITH RESPECT TO
THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD;
  S 4. Subdivisions 1 and 2 of section 458-c of the social services law,
as  added  by section 4 of part F of chapter 58 of the laws of 2010, are
amended to read as follows:
  1. A social services official shall make  payments  for  non-recurring
guardianship  expenses  incurred  by  or  on  behalf of the relatives OR
SUCCESSOR GUARDIANS who have been approved by the social services  offi-
cial  to  receive  kinship  guardianship  assistance payments, when such
expenses are incurred in connection with assuming the guardianship of  a
foster  child OR A FORMER FOSTER CHILD IN REGARD TO SUCCESSOR GUARDIANS.
The agreement for the payment  of  non-recurring  guardianship  expenses
must be reflected in the written agreement set forth in subdivision four
of  section four hundred fifty-eight-b of this title. In accordance with
subdivision two of this section, the  payments  shall  be  made  by  the
social services official either to the relative OR SUCCESSOR guardian or
guardians  directly  or  to  an  attorney  on  behalf of the relative OR
SUCCESSOR guardian or guardians, AS APPLICABLE, for the allowable amount
of non-recurring  guardianship  expenses  incurred  in  connection  with
obtaining such guardianship.
  2.  The  amount of the payment made pursuant to this section shall not
exceed  two  thousand  dollars  for  each  foster  child  for  whom  the
relatives, OR EACH FORMER FOSTER CHILD FOR WHOM THE SUCCESSOR GUARDIANS,
seek  guardianship or permanent guardianship and shall be available only
for those expenses that are determined to be eligible for  reimbursement
by  the  social  services official in accordance with the regulations of
the office of children and family services.
  S 5. The social services law is amended by adding a new section  383-a
to read as follows:
  S 383-A. IMMUNITY FROM LIABILITY FOR APPLICATION OF THE REASONABLE AND
PRUDENT PARENT STANDARD.  1. LEGISLATIVE INTENT. IT IS THE INTENT OF THE
LEGISLATURE  TO PROMOTE A SAFE AND NURTURING ENVIRONMENT FOR CHILDREN IN
FOSTER CARE THAT, AMONG OTHER THINGS, ALLOWS THEM TO ENGAGE IN  AGE  AND
DEVELOPMENTALLY  APPROPRIATE ACTIVITIES WITH THEIR PEERS. IT IS ALSO THE
INTENT OF THE LEGISLATURE TO ENCOURAGE CAREGIVERS TO ALLOW FOSTER  CHIL-
DREN  TO PARTICIPATE IN SUCH ACTIVITIES BY PROVIDING TRAINING, GUIDANCE,
AND APPROPRIATE LIABILITY PROTECTIONS WHEN  CAREGIVERS  MAKE  REASONABLE
AND  PRUDENT  DECISIONS  WITH  REGARD  TO SUCH ACTIVITIES. IT IS NOT THE
INTENT OF THE LEGISLATURE TO RELIEVE CAREGIVERS OR ANY OTHER  PERSON  OF
ANY DUTY OR RESPONSIBILITY OWED TO A FOSTER CHILD.
  2.  DEFINITIONS.  AS  USED  IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "CAREGIVER" SHALL MEAN THE FOLLOWING PERSON OR ENTITY AT THE  TIME
THAT  SUCH  PERSON  OR ENTITY WAS RESPONSIBLE FOR THE CARE OF THE FOSTER
CHILD OR CHILDREN:
  (I) A FOSTER PARENT WHO HAS BEEN TRAINED IN THE REASONABLE AND PRUDENT
PARENT STANDARD IN ACCORDANCE WITH 42 U.S.C.  671  AS  AMENDED  BY  P.L.
113-183  AND  THE  REGULATIONS  OF  THE  OFFICE  OF  CHILDREN AND FAMILY
SERVICES; OR
  (II) THE EMPLOYEE OF A CHILD CARE FACILITY OPERATED BY  AN  AUTHORIZED
AGENCY  THAT  IS  DESIGNATED  TO APPLY THE REASONABLE AND PRUDENT PARENT
STANDARD WHO HAS BEEN TRAINED IN THE REASONABLE AND PRUDENT PARENT STAN-
DARD IN ACCORDANCE WITH 42 U.S.C. 671 AS AMENDED BY P.L. 113-183 AND THE
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
S. 6406--C                         50                         A. 9006--C
  (B) "CHILD" SHALL MEAN A CHILD WHO IS IN FOSTER CARE  OR  WHO  WAS  IN
FOSTER  CARE  AT THE TIME THE REASONABLE AND PRUDENT PARENT STANDARD WAS
APPLIED.
  (C)  "CHILD CARE FACILITY" SHALL MEAN AN INSTITUTION, GROUP RESIDENCE,
GROUP HOME, AGENCY OPERATED BOARDING  HOME,  OR  SUPERVISED  INDEPENDENT
LIVING PROGRAM.
  (D) "REASONABLE AND PRUDENT PARENT STANDARD" SHALL MEAN, IN ACCORDANCE
WITH  42  U.S.C. 675 AS AMENDED BY P.L. 113-183, THE STANDARD CHARACTER-
IZED BY CAREFUL  AND  SENSIBLE  PARENTAL  DECISIONS  THAT  MAINTAIN  THE
HEALTH,  SAFETY,  AND  BEST  INTERESTS OF A CHILD WHILE AT THE SAME TIME
ENCOURAGING THE EMOTIONAL AND DEVELOPMENTAL GROWTH OF THE CHILD  THAT  A
CAREGIVER  SHALL USE WHEN DETERMINING WHETHER TO ALLOW A CHILD IN FOSTER
CARE TO PARTICIPATE IN EXTRACURRICULAR, ENRICHMENT, CULTURAL  OR  SOCIAL
ACTIVITIES.
  (E) "AGE OR DEVELOPMENTALLY-APPROPRIATE" SHALL MEAN:
  (I)  ACTIVITIES  OR  ITEMS THAT ARE GENERALLY ACCEPTED AS SUITABLE FOR
CHILDREN OF THE SAME CHRONOLOGICAL AGE OR LEVEL OF MATURITY OR THAT  ARE
DETERMINED  TO  BE DEVELOPMENTALLY-APPROPRIATE FOR A CHILD, BASED ON THE
DEVELOPMENT OF COGNITIVE, EMOTIONAL, PHYSICAL, AND BEHAVIORAL CAPACITIES
THAT ARE TYPICAL FOR AN AGE OR AGE GROUP; AND
  (II) IN THE CASE OF A SPECIFIC CHILD, ACTIVITIES  OR  ITEMS  THAT  ARE
SUITABLE  FOR THE CHILD BASED ON THE DEVELOPMENTAL STAGE ATTAINED BY THE
CHILD WITH RESPECT TO THE COGNITIVE, EMOTIONAL, PHYSICAL, AND BEHAVIORAL
CAPACITIES OF THE CHILD.
  3. CAREGIVERS SHALL APPLY THE REASONABLE AND PRUDENT  PARENT  STANDARD
WHEN  DECIDING WHETHER OR NOT TO ALLOW A CHILD IN FOSTER CARE TO PARTIC-
IPATE IN AGE OR DEVELOPMENTALLY APPROPRIATE EXTRACURRICULAR, ENRICHMENT,
CULTURAL, OR SOCIAL ACTIVITIES. WHERE SUCH DECISIONS REQUIRE  THE  INPUT
OR  PERMISSION  OF  A LOCAL DEPARTMENT OF SOCIAL SERVICES OR A VOLUNTARY
AUTHORIZED AGENCY, SUCH  DEPARTMENT  OR  AGENCY  SHALL  ALSO  APPLY  THE
REASONABLE  AND  PRUDENT  PARENT  STANDARD  IN  MAKING  A DECISION ABOUT
PARTICIPATION IN SUCH ACTIVITIES.
  4. WHETHER OR NOT A CAREGIVER IS LIABLE FOR INJURIES TO THE CHILD THAT
OCCUR AS A RESULT OF PARTICIPATION IN AGE OR DEVELOPMENTALLY APPROPRIATE
EXTRACURRICULAR, ENRICHMENT, CULTURAL, OR  SOCIAL  ACTIVITIES  SHALL  BE
DETERMINED  BASED  UPON WHETHER SUCH DECISION TO ALLOW PARTICIPATION WAS
MADE IN COMPLIANCE WITH THE STANDARD DEFINED IN PARAGRAPH (D) OF  SUBDI-
VISION  TWO  OF  THIS  SECTION AND ANY OTHER FACTORS AS REQUIRED BY LAW.
WHERE SUCH CHILD IS INJURED AS A RESULT OF THE DECISION TO ALLOW PARTIC-
IPATION IN SUCH ACTIVITIES, A CAREGIVER SHALL NOT  BE  LIABLE  FOR  SUCH
INJURIES IF THE DECISION TO ALLOW SUCH PARTICIPATION WAS MADE IN COMPLI-
ANCE  WITH THE REASONABLE AND PRUDENT PARENT STANDARD AS SET FORTH HERE-
IN. PROVIDED HOWEVER NOTHING IN THIS SECTION SHALL OTHERWISE  LIMIT  THE
ABILITY  OF  A CHILD TO BRING AN ACTION AGAINST A CAREGIVER OR ANY OTHER
PARTY WHOSE ACTS OR OMISSIONS RESULT IN INJURY TO SUCH  CHILD.  WHERE  A
LOCAL  DEPARTMENT  OF SOCIAL SERVICES OR VOLUNTARY AUTHORIZED AGENCY HAS
MADE OR BEEN INVOLVED IN THE DECISIONS UNDER SUBDIVISION THREE  OF  THIS
SECTION,  THE  LIABILITY  STANDARDS  FOR  CAREGIVERS SHALL APPLY TO SUCH
DISTRICT OR AGENCY.
  S 6. The opening paragraph  of  paragraph  (e)  of  subdivision  2  of
section  378-a  of  the social services law, as amended by section 10 of
part L of chapter 56 of the laws of 2015, is amended to read as follows:
  [After] EXCEPT AS SET FORTH IN PARAGRAPH (M) OF  THIS  SECTION,  AFTER
reviewing  any criminal history record information provided by the divi-
sion of criminal justice services, the office  of  children  and  family
S. 6406--C                         51                         A. 9006--C
services  shall  promptly  notify  the  authorized agency or other state
agency that:
  S  7.  Subdivision  2  of  section 378-a of the social services law is
amended by adding a new paragraph (m) to read as follows:
  (M)(1) THE OFFICE OF CHILDREN AND FAMILY SERVICES  SHALL  NOT  RELEASE
THE  CONTENT  OF  THE  RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD
CHECK CONDUCTED BY THE FEDERAL BUREAU  OF  INVESTIGATION  IN  ACCORDANCE
WITH  THIS SUBDIVISION TO AN AUTHORIZED AGENCY, AS DEFINED IN PARAGRAPHS
(A) OR (C) OF SUBDIVISION TEN OF SECTION THREE  HUNDRED  SEVENTY-ONE  OF
THIS TITLE.
  (2)  FOR  ANY APPLICATION MADE TO SUCH AN AUTHORIZED AGENCY UNDER THIS
SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL:
  (A) REVIEW AND EVALUATE THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY
RECORD CHECK OF THE  PROSPECTIVE  FOSTER  PARENT,  PROSPECTIVE  ADOPTIVE
PARENT  AND ANY OTHER PERSON OVER THE AGE OF EIGHTEEN WHO RESIDES IN THE
HOME OF SUCH APPLICANT IN ACCORDANCE WITH THE  STANDARDS  SET  FORTH  IN
PARAGRAPH  (E)  OF  THIS SUBDIVISION RELATING TO MANDATORY DISQUALIFYING
CONVICTIONS, HOLD IN ABEYANCE CHARGES OR CONVICTIONS, AND  DISCRETIONARY
CHARGES AND CONVICTIONS; AND
  (B)  BASED  ON  THE  RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD
CHECK, INFORM SUCH AUTHORIZED AGENCY THAT THE  APPLICATION  FOR  CERTIF-
ICATION  OR APPROVAL OF THE PROSPECTIVE FOSTER PARENT OR THE PROSPECTIVE
ADOPTIVE PARENT EITHER: (I) MUST BE DENIED; (II) MUST BE HELD  IN  ABEY-
ANCE  PENDING  SUBSEQUENT  NOTIFICATION  FROM THE OFFICE OF CHILDREN AND
FAMILY SERVICES; OR  (III)  THAT  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  HAS  NO  OBJECTION,  SOLELY  BASED  ON THE NATIONWIDE CRIMINAL
HISTORY RECORD CHECK, FOR THE AUTHORIZED AGENCY TO PROCEED WITH A DETER-
MINATION ON SUCH APPLICATION BASED ON THE STANDARDS FOR CERTIFICATION OR
APPROVAL OF A PROSPECTIVE FOSTER PARENT OR PROSPECTIVE ADOPTIVE  PARENT,
AS  SET  FORTH  IN  THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES.
  (3) WHERE THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  DIRECTS  THE
AUTHORIZED AGENCY TO DENY THE APPLICATION OF A PROSPECTIVE FOSTER PARENT
OR  A PROSPECTIVE ADOPTIVE PARENT IN ACCORDANCE WITH THIS PARAGRAPH, THE
OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY THE PROSPECTIVE
FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON OVER THE  AGE
OF  EIGHTEEN  WHO  RESIDED  IN  THE HOME OF THE APPLICANT WHOSE CRIMINAL
HISTORY WAS THE BASIS FOR THE DENIAL AND SHALL PROVIDE SUCH  PROSPECTIVE
FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON A COPY OF THE
RESULTS  OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK UPON WHICH SUCH
DENIAL WAS BASED AND A WRITTEN STATEMENT SETTING FORTH THE  REASONS  FOR
SUCH  DENIAL. IF THE APPLICANT IS DISQUALIFIED UNDER ITEM (II) OF CLAUSE
(A) OF SUBPARAGRAPH ONE OF PARAGRAPH (E) OF THIS SUBDIVISION,  THEN  THE
APPLICANT MAY APPLY FOR RELIEF FROM THE MANDATORY DISQUALIFICATION BASED
ON  THE  GROUNDS  THAT THE OFFENSE WAS NOT SPOUSAL ABUSE AS THAT TERM IS
DEFINED IN PARAGRAPH (J) OF THIS SUBDIVISION.
  (4) THIS PARAGRAPH DOES  NOT  APPLY  TO  NATIONWIDE  CRIMINAL  HISTORY
RECORD CHECKS CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION ON BEHALF
OF STATE AGENCIES OR AUTHORIZED AGENCIES, AS DEFINED IN PARAGRAPH (B) OF
SUBDIVISION  TEN  OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE, OR
TO THE RESULTS OF STATEWIDE CRIMINAL HISTORY RECORD CHECKS CONDUCTED  BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S  8.  Severability.  If any clause, sentence, paragraph, subdivision,
section or part contained in any part of this act shall be  adjudged  by
any  court of competent jurisdiction to be invalid, such judgement shall
not affect, impair, or invalidate the remainder thereof,  but  shall  be
S. 6406--C                         52                         A. 9006--C
confined  in  its operation to the clause, sentence, paragraph, subdivi-
sion, section or part contained in any part thereof directly involved in
the controversy in which such judgment shall have been rendered.  It  is
hereby  declared to be the intent of the legislature that this act would
have been enacted even if such invalid provisions had not been  included
herein.
  S  9.  This  act  shall take effect immediately, provided however that
sections six and seven of this act shall take effect on the two  hundred
seventieth day after it shall have become a law.
                                 PART N
                          Intentionally Omitted
                                 PART O
  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  I  of  chapter  56  of  the  laws  of 2015, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal  to  at least $141.00 for each month beginning on or after January
first, two thousand [fifteen] SIXTEEN.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to  at least $163.00 for each month beginning on or after
January first, two thousand [fifteen] SIXTEEN.
  (c) in the case of  each  individual  receiving  enhanced  residential
care, an amount equal to at least $193.00 for each month beginning on or
after January first, two thousand [fifteen] SIXTEEN.
  (d)  for  the  period commencing January first, two thousand [sixteen]
SEVENTEEN, the monthly personal needs allowance shall be an amount equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
  (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
subdivision; and
  (2)  the  amount  in subparagraph one of this paragraph, multiplied by
the percentage of any  federal  supplemental  security  income  cost  of
living adjustment which becomes effective on or after January first, two
thousand  [sixteen] SEVENTEEN, but prior to June thirtieth, two thousand
[sixteen] SEVENTEEN, rounded to the nearest whole dollar.
  S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
section  209 of the social services law, as amended by section 2 of part
I of chapter 56 of the laws of 2015, are amended to read as follows:
  (a) On and after January first, two thousand [fifteen] SIXTEEN, for an
eligible individual living alone, $820.00; and for  an  eligible  couple
living alone, $1204.00.
  (b) On and after January first, two thousand [fifteen] SIXTEEN, for an
eligible  individual  living with others with or without in-kind income,
$756.00; and for an eligible couple living with others with  or  without
in-kind income, $1146.00.
  (c)  On  and  after January first, two thousand [fifteen] SIXTEEN, (i)
for an eligible individual receiving family care, $999.48 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
S. 6406--C                         53                         A. 9006--C
subparagraph  (i) of this paragraph; or (iii) for an eligible individual
receiving such care in any other county in the state, $961.48; and  (iv)
for  an  eligible  couple receiving such care in any other county in the
state,  two  times  the  amount  set forth in subparagraph (iii) of this
paragraph.
  (d) On and after January first, two thousand  [fifteen]  SIXTEEN,  (i)
for an eligible individual receiving residential care, $1168.00 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,
$1138.00;  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.
  (e)  (i)  On  and after January first, two thousand [fifteen] SIXTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
$1427.00; and (ii) for an eligible couple receiving enhanced residential
care,  two  times the amount set forth in subparagraph (i) of this para-
graph.
  (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  [sixteen]  SEVENTEEN
but prior to June thirtieth, two thousand [sixteen] SEVENTEEN.
  S 3. This act shall take effect December 31, 2016.
                                 PART P
  Section  1.  Notwithstanding  any  other provision of law, the housing
trust fund corporation may provide, for purposes  of  the  rural  rental
assistance  program,  a sum not to exceed twenty-two million two hundred
ninety-two thousand dollars for the fiscal year ending March  31,  2017.
Notwithstanding  any other provision of law, and subject to the approval
of the New York state director of the budget, the board of directors  of
the  state  of  New York mortgage agency shall authorize the transfer to
the housing trust fund corporation, for the purposes of reimbursing  any
costs  associated with rural rental assistance program contracts author-
ized by this section, a total sum not to exceed twenty-two  million  two
hundred  ninety-two  thousand dollars, such transfer to be made from (i)
the special account of the mortgage insurance fund created  pursuant  to
section 2429-b of the public authorities law, in an amount not to exceed
the  actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2015-2016 in accordance with  section  2429-b
of  the  public  authorities  law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the state of New York mortgage agency)  required  to  accomplish  the
purposes  of  such  account,  the  project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2016.  Notwithstanding any other provision of
law, such funds may be used by the corporation in support  of  contracts
scheduled to expire in the fiscal year ending March 31, 2017 for as many
S. 6406--C                         54                         A. 9006--C
as  10  additional  years;  in  support  of  contracts  for new eligible
projects for a period not to exceed 5 years; and in support of contracts
which reach their 25 year maximum in and/or prior  to  the  fiscal  year
ending March 31, 2017 for an additional one year period.
  S  2.  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 forty-two million
dollars for the fiscal year ending March 31, 2017.  Notwithstanding  any
other  provision  of  law,  and  subject to the approval of the New York
state director of the budget, the board of directors of the state of New
York mortgage agency shall authorize the transfer to the housing finance
agency, for the purposes of reimbursing any costs associated with  Mitc-
hell  Lama  housing projects authorized by this section, a total sum not
to exceed forty-two million dollars, such transfer to be made  from  (i)
the  special  account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage  insur-
ance fund, as determined and certified by the state of New York mortgage
agency  for  the fiscal year 2015-2016 in accordance with section 2429-b
of the public authorities law, if any, and/or  (ii)  provided  that  the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined
by  the  state  of  New York mortgage agency) required to accomplish the
purposes of such account, the project  pool  insurance  account  of  the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than March 31, 2017.
  S  3.  Notwithstanding  any  other provision of law, the housing trust
fund corporation may provide, for purposes of the neighborhood preserva-
tion program, a sum not to exceed eight million  nine  hundred  seventy-
nine thousand dollars for the fiscal year ending March 31, 2017.  Within
this  total  amount one hundred fifty thousand dollars shall be used for
the purpose of entering into a contract with the neighborhood  preserva-
tion coalition to provide technical assistance and services to companies
funded  pursuant  to  article  XVI  of  the private housing finance law.
Notwithstanding any other provision of law, and subject to the  approval
of  the New York state director of the budget, the board of directors of
the state of New York mortgage agency shall authorize  the  transfer  to
the  housing trust fund corporation, for the purposes of reimbursing any
costs  associated  with  neighborhood  preservation  program   contracts
authorized by this section, a total sum not to exceed eight million nine
hundred seventy-nine thousand dollars, such transfer to be made from (i)
the  special  account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage  insur-
ance fund, as determined and certified by the state of New York mortgage
agency  for  the fiscal year 2015-2016 in accordance with section 2429-b
of the public authorities law, if any, and/or  (ii)  provided  that  the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined
by  the  state  of  New York mortgage agency) required to accomplish the
purposes of such account, the project  pool  insurance  account  of  the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2016.
S. 6406--C                         55                         A. 9006--C
  S  4.  Notwithstanding  any  other provision of law, the housing trust
fund corporation may provide, for purposes  of  the  rural  preservation
program,  a  sum  not  to exceed three million seven hundred thirty-nine
thousand dollars for the fiscal year ending March 31, 2017.  Within this
total  amount  one  hundred fifty thousand dollars shall be used for the
purpose of entering into a contract with the rural housing coalition  to
provide  technical  assistance and services to companies funded pursuant
to article XVII of the private housing finance law.  Notwithstanding any
other provision of law, and subject to the  approval  of  the  New  York
state director of the budget, the board of directors of the state of New
York  mortgage  agency shall authorize the transfer to the housing trust
fund corporation, for the purposes of reimbursing any  costs  associated
with  rural preservation program contracts authorized by this section, a
total sum not to exceed three million seven hundred thirty-nine thousand
dollars, such transfer to be made from (i) the special  account  of  the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the  special  account  of the mortgage insurance fund, as determined and
certified by the state of New York mortgage agency for the  fiscal  year
2015-2016  in  accordance  with section 2429-b of the public authorities
law, if any, and/or (ii) provided that the reserves in the project  pool
insurance  account  of  the  mortgage insurance fund created pursuant to
section 2429-b of the public authorities law are  sufficient  to  attain
and  maintain  the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes  of  such  account,
the  project pool insurance account of the mortgage insurance fund, such
transfer to be made as soon as practicable but no later  than  June  30,
2016.
  S  5.  Notwithstanding  any  other provision of law, the housing trust
fund corporation may provide, for purposes of the rural and urban commu-
nity investment fund program created pursuant to article  XXVII  of  the
private  housing finance law, a sum not to exceed thirty-one million two
hundred fifty thousand dollars for the  fiscal  year  ending  March  31,
2017.    Notwithstanding  any other provision of law, and subject to the
approval of the New York state director of  the  budget,  the  board  of
directors  of  the state of New York mortgage agency shall authorize the
transfer to the housing trust fund  corporation,  for  the  purposes  of
reimbursing  any costs associated with rural and urban community invest-
ment fund program contracts authorized by this section, a total sum  not
to  exceed  thirty-one  million two hundred fifty thousand dollars, such
transfer to be made from (i) the special account of the mortgage  insur-
ance  fund  created pursuant to section 2429-b of the public authorities
law, in an amount not to exceed the actual excess balance in the special
account of the mortgage insurance fund, as determined and  certified  by
the  state  of New York mortgage agency for the fiscal year 2015-2016 in
accordance with section 2429-b of the public authorities  law,  if  any,
and/or  (ii)  provided  that  the reserves in the project pool insurance
account of the mortgage  insurance  fund  created  pursuant  to  section
2429-b  of the public authorities law are sufficient to attain and main-
tain the credit rating (as determined by the state of New York  mortgage
agency) required to accomplish the purposes of such account, the project
pool  insurance account of the mortgage insurance fund, such transfer to
be made as soon as practicable but no later than March 31, 2017.
  S 6. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  may  provide,  for  the  purposes of carrying out the
provisions of the low income housing trust fund program created pursuant
S. 6406--C                         56                         A. 9006--C
to article XVIII of the private housing finance law, a sum not to exceed
ten million dollars for the fiscal year ending March 31, 2017.  Notwith-
standing  any other provision of law, and subject to the approval of the
New  York  state  director  of the budget, the board of directors of the
state of New York mortgage agency shall authorize the  transfer  to  the
housing  trust  fund  corporation,  for the purposes of carrying out the
provisions of the low income housing trust fund program created pursuant
to article XVIII of the private housing finance law authorized  by  this
section, a total sum not to exceed ten million dollars, such transfer to
be  made  from  (i)  the  special account of the mortgage insurance fund
created pursuant to section 2429-b of the public authorities law, in  an
amount not to exceed the actual excess balance in the special account of
the mortgage insurance fund, as determined and certified by the state of
New  York  mortgage  agency  for the fiscal year 2015-2016 in accordance
with section 2429-b of the public authorities law, if any,  and/or  (ii)
provided  that the reserves in the project pool insurance account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law are sufficient to attain and maintain the credit  rating
(as  determined  by  the  state of New York mortgage agency) required to
accomplish the purposes of such  account,  the  project  pool  insurance
account of the mortgage insurance fund, such transfer to be made as soon
as practicable but no later than March 31, 2017.
  S  7.  Notwithstanding  any  other provision of law, the housing trust
fund corporation may provide, for purposes  of  the  homes  for  working
families  program for deposit in the housing trust fund created pursuant
to section 59-a of the private housing finance law and  subject  to  the
provisions  of  article  XVIII of the private housing finance law, a sum
not to exceed twelve million seven hundred fifty  thousand  dollars  for
the  fiscal  year  ending  March  31,  2017.  Notwithstanding  any other
provision of law, and subject to the approval  of  the  New  York  state
director  of the budget, the board of directors of the state of New York
mortgage agency shall authorize the transfer to the housing  trust  fund
corporation,  for  the purposes of reimbursing any costs associated with
homes for working families program contracts authorized by this section,
a total sum not to exceed twelve million seven  hundred  fifty  thousand
dollars,  such  transfer  to be made from (i) the special account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the special account of the mortgage insurance fund,  as  determined  and
certified  by  the state of New York mortgage agency for the fiscal year
2015-2016 in accordance with section 2429-b of  the  public  authorities
law,  if any, and/or (ii) provided that the reserves in the project pool
insurance account of the mortgage insurance  fund  created  pursuant  to
section  2429-b  of  the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the state of  New  York
mortgage  agency)  required  to accomplish the purposes of such account,
the project pool insurance account of the mortgage insurance fund,  such
transfer  to  be made as soon as practicable but no later than March 31,
2017.
  S 8. Notwithstanding any other provision of law, the homeless  housing
and  assistance  corporation  may  provide, for purposes of the New York
state supportive housing program,  the  solutions  to  end  homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under those programs, in accordance with the requirements
of those programs, a sum not to exceed fifteen million six hundred nine-
ty  thousand  dollars  and  an  additional sum not to exceed six hundred
S. 6406--C                         57                         A. 9006--C
thousand dollars for purposes of the New York state  supportive  housing
program  for the fiscal year ending March 31, 2017. The homeless housing
and assistance corporation may enter into an agreement with  the  office
of temporary and disability assistance to administer such sum in accord-
ance  with  the  requirements of the programs. Notwithstanding any other
provision of law, and subject to the approval of  the  director  of  the
budget,  the board of directors of the state of New York mortgage agency
shall authorize the transfer to  the  homeless  housing  and  assistance
corporation, a total sum not to exceed sixteen million two hundred nine-
ty  thousand  dollars,  such  transfer  to  be made from (i) the special
account of the mortgage  insurance  fund  created  pursuant  to  section
2429-b  of  the  public  authorities law, in an amount not to exceed the
actual excess balance in the special account of the  mortgage  insurance
fund,  as  determined  and  certified  by the state of New York mortgage
agency for the fiscal year 2015-2016 in accordance with  section  2429-b
of  the  public  authorities  law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the state of New York mortgage agency)  required  to  accomplish  the
purposes  of  such  account,  the  project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than March 31, 2017.
  S 9. Notwithstanding any other provision of  law,  the  housing  trust
fund corporation shall provide, for the purposes of the mobile and manu-
factured  home  replacement  program,  a  sum  not to exceed two million
dollars for the fiscal year ending March 31, 2017.
  Eligible units of local government or not-for-profit corporations with
substantial experience in affordable housing, may  apply  to  administer
local  programs to replace dilapidated mobile or manufactured homes that
are sited on land owned by the homeowner with new manufactured,  modular
or  site  built  homes. All replacement homes shall be energy star rated
for energy efficiency. The total contract pursuant to any  one  eligible
applicant  in  a  specified  region may not exceed five hundred thousand
dollars. The corporation shall authorize the eligible applicant to spend
seven and one-half percent of the contract amount for approved  planning
and  costs associated with administering the program. The contract shall
provide for completion of the program within  a  reasonable  period,  as
specified  therein,  which shall not exceed four years from commencement
of the program. Upon request, the corporation may extend the term of the
contract for up to an additional one year period for good cause shown by
the eligible applicant.
  An eligible property must be the primary residence  of  the  homeowner
with  a  total  household  income that does not exceed eighty percent of
area median income for the county in  which  a  project  is  located  as
calculated by the United States department of housing and urban develop-
ment.  Funds shall be made available for relocation assistance to eligi-
ble property owners who are unable to voluntarily  relocate  during  the
demolition  and  construction phases of the project. The cost of demoli-
tion and removal shall be an eligible use within the program. The  total
payment  to  replace  a  mobile or manufactured home pursuant to any one
eligible property shall not exceed  one  hundred  thousand  dollars  and
provide for completion not to exceed four years.
  Financial  assistance  to property owners shall be one hundred percent
grants in the form of deferred payment loans (DPL). A ten year declining
balance lien in the form of a note and mortgage, duly filed at the coun-
S. 6406--C                         58                         A. 9006--C
ty clerk's office, will be utilized for replacement projects. No  inter-
est  or payments will be required on the DPL unless the property is sold
or transferred before the regulatory term expires. In such  cases  funds
will  be  recaptured  from  the  proceeds  of the sale of the home, on a
declining balance basis,  unless  an  income-eligible  immediate  family
member  accepts  ownership of, and resides in the home for the remainder
of the regulatory term.
  Notwithstanding any other provision of law, and subject to approval of
the New York state director of the budget, the board of directors of the
state of New York mortgage agency shall authorize the  transfer  to  the
housing  trust  fund  corporation,  for the purposes of carrying out the
provisions of the mobile and manufactured home  replacement  program,  a
total  sum  not  to exceed two million dollars, such transfer to be made
from (i) the special account of  the  mortgage  insurance  fund  created
pursuant  to  section 2429-b of the public authorities law, in an amount
not to exceed the actual excess balance in the special  account  of  the
mortgage insurance fund, as determined and certified by the state of New
York  mortgage  agency for the fiscal year 2015- 2016 in accordance with
section 2429-b of the  public  authorities  law,  if  any,  and/or  (ii)
provided  that the reserves in the project pool insurance account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law are sufficient to attain and maintain the credit  rating
(as  determined  by  the  state of New York mortgage agency) required to
accomplish the purposes of such  account,  the  project  pool  insurance
account of the mortgage insurance fund, such transfer to be made as soon
as practicable but no later than March 31, 2017.
  S 10.  Notwithstanding any other provision of law to the contrary, the
housing  trust  fund  corporation may provide, for costs associated with
naturally occurring retirement communities, a sum not  to  exceed  three
hundred  fifty  thousand  dollars  for  the fiscal year ending March 31,
2017.  Notwithstanding any other provision of law to the  contrary,  and
subject  to  the  approval of the New York state director of the budget,
the board of directors of the state of New York  mortgage  agency  shall
authorize  the  transfer  to the housing trust fund corporation, for the
purposes of reimbursing any costs associated  with  naturally  occurring
retirement  communities  authorized  by this section, a total sum not to
exceed three hundred fifty thousand dollars, such transfer  to  be  made
from  (i)  the  special  account  of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law, in  an  amount
not  to  exceed  the actual excess balance in the special account of the
mortgage insurance fund, as determined and certified by the state of New
York mortgage agency for the fiscal year 2015-2016  in  accordance  with
section  2429-b  of  the  public  authorities  law,  if any, and/or (ii)
provided that the reserves in the project pool insurance account of  the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities  law are sufficient to attain and maintain the credit rating
(as determined by the state of New York  mortgage  agency)  required  to
accomplish  the  purposes  of  such  account, the project pool insurance
account of the mortgage insurance fund, such transfer to be made as soon
as practicable but no later than March 31, 2017.
  S 11. Notwithstanding any other provision of law to the contrary,  the
housing  trust  fund  corporation may provide, for costs associated with
neighborhood naturally occurring retirement communities, a  sum  not  to
exceed  three  hundred fifty thousand dollars for the fiscal year ending
March 31, 2017. Notwithstanding  any  other  provision  of  law  to  the
contrary,  and subject to the approval of the New York state director of
S. 6406--C                         59                         A. 9006--C
the budget, the board of directors of the state  of  New  York  mortgage
agency  shall  authorize  the  transfer to the housing trust fund corpo-
ration, for the purposes of reimbursing any costs associated with neigh-
borhood  naturally  occurring  retirement communities authorized by this
section, a total sum not to exceed three hundred fifty thousand dollars,
such transfer to be made from (i) the special account  of  the  mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties  law,  in  an amount not to exceed the actual excess balance in the
special account of the mortgage insurance fund, as determined and certi-
fied by the state of New York mortgage agency for the fiscal year  2015-
2016 in accordance with section 2429-b of the public authorities law, if
any,  and/or  (ii) provided that the reserves in the project pool insur-
ance account of the mortgage insurance fund created pursuant to  section
2429-b  of the public authorities law are sufficient to attain and main-
tain the credit rating (as determined by the state of New York  mortgage
agency) required to accomplish the purposes of such account, the project
pool  insurance account of the mortgage insurance fund, such transfer to
be made as soon as practicable but no later than March 31, 2017.
  S 12. This act shall take effect immediately.
                                 PART Q
  Section 1. Section 4 of subpart A of part D of chapter 58 of the  laws
the  2011  amending  the education law relating to capital facilities in
support of the state university and community colleges,  is  amended  to
read as follows:
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed June 30, [2016] 2021.
  S 2. Section 4 of subpart B of part D of chapter 58  of  the  laws  of
2011  amending  the  education law relating to procurement in support of
the state and city universities, is amended to read as follows:
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed June 30, [2016] 2021.
  S  3.  Section  3  of subpart C of part D of chapter 58 of the laws of
2011 amending the education law relating to state university health care
facilities, is amended to read as follows:
  S 3. This act shall take effect immediately, and shall expire  and  be
deemed repealed June 30, [2016] 2021.
  S 4. This act shall take effect immediately.
                                 PART R
  Section  1.  Subdivision  1  of  section  663 of the education law, as
amended by section 1 of part F of chapter 58 of the  laws  of  2011,  is
amended to read as follows:
  1.  Income  defined.  Except  as  otherwise  provided in this section,
"income" shall be the total of  the  combined  net  taxable  income  and
income  from  pensions of New York state, local governments, the federal
government and any private employer of the  applicant,  the  applicant's
spouse,  and  the applicant's parents, including any pension and annuity
income excluded for purposes of taxation pursuant to  paragraph  three-a
of  subsection  (c)  of  section  six  hundred twelve of the tax law, as
reported in New York state income tax  returns  for  the  calendar  year
[next  preceding  the  beginning of the school year for] COINCIDING WITH
THE TAX YEAR ESTABLISHED BY THE U.S. DEPARTMENT OF EDUCATION TO  QUALIFY
APPLICANTS  FOR  FEDERAL  STUDENT  FINANCIAL  AID PROGRAMS AUTHORIZED BY
S. 6406--C                         60                         A. 9006--C
TITLE IV OF THE HIGHER EDUCATION ACT OF 1965, AS AMENDED, FOR THE SCHOOL
YEAR IN which application for assistance is made, except that any amount
received by an applicant as a scholarship at an educational  institution
or  as  a  fellowship grant, including the value of contributed services
and accommodations, shall not  be  included  within  the  definition  of
"income"  for  the  purposes  of  this  article. The term "parent" shall
include birth parents, stepparents, adoptive parents and the  spouse  of
an  adoptive  parent.    Income,  if not a whole dollar amount, shall be
assumed to be equal to the next lowest whole dollar amount.  Any  change
in the status of an applicant with regard to the persons responsible for
the  applicant's  support  occurring after the beginning of any semester
shall not be considered to change the applicant's award for that  semes-
ter.
  S  2.  This  act  shall take effect immediately and shall apply to all
awards commencing with the 2017-2018 school year and thereafter.
                                 PART S
  Section 1. Subdivision c of section 2 of part K of chapter 58  of  the
laws  of  2010 amending the social services law relating to establishing
the savings plan demonstration project, is amended to read as follows:
  c. this act shall expire and be deemed repealed March 31, [2016] 2017.
  S 2. This act shall take effect immediately.
                                 PART T
  Section 1. Subdivision 10 of section 6306 of  the  education  law,  as
added  by  section  1  of  part  Y of chapter 56 of the laws of 2015, is
amended to read as follows:
  10. The boards of trustees of the state university of New York  commu-
nity  colleges  shall  consult  with  boards  of cooperative educational
services (BOCES)  to  identify  new  or  existing  programs  offered  to
students  that  would  allow a student to pursue an associate of occupa-
tional studies (AOS) degree from a community college  upon  high  school
graduation.  Once  identified, BOCES in collaboration with the community
college boards of trustees shall make such  path,  identified  programs,
and AOS degree options known to ensure that students are aware that such
options  exist. Such notification [may] SHALL begin [as early as] IN the
[seventh] EIGHTH grade, AND INCLUDE THE PROVISION OF  MATERIALS  ON  AOS
DEGREE  OPTIONS  TO  SCHOOL  COUNSELORS  IN EACH SCHOOL DISTRICT IN SUCH
REGION. Provided however, that such boards and BOCES shall not take  any
action  to  direct  or suggest that a student should pursue a particular
degree or pathway.
  S 2. This act shall take effect immediately.
                                 PART U
  Section 1. Subdivisions 3, 5 and 6 of section 6456  of  the  education
law,  as added by section 1 of part X of chapter 56 of the laws of 2015,
are amended to read as follows:
  3. A. Funds appropriated IN THE  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND
SIXTEEN ACADEMIC YEAR for the purposes of this initiative shall be allo-
cated  by  sector  as follows: fifty-two percent for institutions in the
state university of New York; thirty percent  for  institutions  in  the
city  university  of  New  York;  and eighteen percent for other degree-
S. 6406--C                         61                         A. 9006--C
granting institutions in New York with  current  Arthur  O.  Eve  higher
education opportunity programs.
  B. FUNDS APPROPRIATED IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVEN-
TEEN  ACADEMIC  YEAR  AND THEREAFTER FOR THE PURPOSES OF THIS INITIATIVE
SHALL BE ALLOCATED BY SECTOR BASED ON THE  PERCENTAGE  OF  FOSTER  YOUTH
IDENTIFIED BY EACH INSTITUTION THAT WILL BE SERVED BY THIS INITIATIVE IN
THE FOLLOWING ACADEMIC YEAR, IN APPLICATIONS RECEIVED BY THE COMMISSION-
ER  PURSUANT  TO  SUBDIVISION SIX OF THIS SECTION, PROVIDED HOWEVER THAT
THE AWARD PER STUDENT FOR FOSTER YOUTH FIRST SERVED IN THE TWO  THOUSAND
FIFTEEN--TWO  THOUSAND  SIXTEEN  ACADEMIC YEAR SHALL BE NO LESS THAN THE
AMOUNT PER STUDENT AWARDED  FOR  THOSE  STUDENTS  IN  THE  TWO  THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR.
  5.  Moneys  made available to institutions under this section shall be
spent for the following purposes:
  a. to provide additional services and expenses to expand opportunities
through existing postsecondary opportunity programs at the state univer-
sity of New York, the city university of New  York,  and  other  degree-
granting higher education institutions for foster youth;
  b.  to  provide  any  necessary  supplemental financial aid for foster
youth, which may include the cost of tuition and fees, books,  transpor-
tation,  HOUSING and other expenses as determined by the commissioner to
be necessary for such foster youth to attend college;
  c. summer college preparation programs to help foster youth transition
to college, prepare them to  navigate  on-campus  systems,  and  provide
preparation  in  reading,  writing, and mathematics for foster youth who
need it; or
  d. advisement, tutoring, and academic assistance for foster youth.
  6. Eligible institutions shall file an application for approval by the
commissioner no later than the first of [October] MAY each  year  demon-
strating  a  need  for  such funding, including how the funding would be
used and how many foster youth would  be  assisted  with  such  funding.
Successful  applicants will be funded as provided in subdivision four of
this section.
  S 2. This act shall take effect immediately.
                                 PART V
  Section 1. The education law is amended by adding a new section 609 to
read as follows:
  S 609. TUITION, AID AND PLACEMENT REPORT. IN ACADEMIC YEAR  TWO  THOU-
SAND  SIXTEEN--TWO  THOUSAND  SEVENTEEN,  ALL NON-PUBLIC INSTITUTIONS OF
HIGHER EDUCATION, RECOGNIZED AND APPROVED BY THE REGENTS OF THE  UNIVER-
SITY  OF  THE STATE OF NEW YORK, WHICH PROVIDE A COURSE OF STUDY LEADING
TO THE GRANTING OF A FOUR YEAR POST-SECONDARY DEGREE OR DIPLOMA,  EXCEPT
FOR  A  NON-PUBLIC  DEGREE-GRANTING  INSTITUTION  THAT  DOES NOT OFFER A
PROGRAM OF STUDY THAT LEADS TO A BACCALAUREATE DEGREE, OR  AT  A  REGIS-
TERED  NOT-FOR-PROFIT  BUSINESS SCHOOL QUALIFIED FOR TAX EXEMPTION UNDER
SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE FOR  FEDERAL  INCOME  TAX
PURPOSES  THAT  DOES NOT OFFER A PROGRAM OF STUDY THAT LEADS TO A BACCA-
LAUREATE DEGREE, SHALL REPORT TO THE SENATE AND ASSEMBLY CHAIRS  OF  THE
HIGHER  EDUCATION COMMITTEES ON OR BEFORE AUGUST FIFTEENTH, TWO THOUSAND
SIXTEEN, ON THE FOLLOWING: FACTORS THAT DRIVE  COST  INCREASES;  TUITION
TRENDS  FOR THE PAST SIX YEARS AND PERCENTAGE OF YEAR TO YEAR INCREASES;
TOTAL COST OF FEES; IF THE INSTITUTION HAS AN ENDOWMENT AND  THE  AMOUNT
OF  SUCH  ENDOWMENT;  THE AVERAGE INSTITUTIONAL FINANCIAL AID PACKAGE BY
INCOME BRACKET AS DEFINED BY THE NATIONAL CENTER FOR  EDUCATION  STATIS-
S. 6406--C                         62                         A. 9006--C
TICS'  INTEGRATED POST-SECONDARY EDUCATION DATA SYSTEM; GRADUATION RATES
FOR FOUR, FIVE AND SIX YEARS; ENROLLMENT TRENDS OVER THE PAST SIX YEARS;
THE AMOUNT SPENT TO EDUCATE STUDENTS PER FTE; THE PERCENTAGE OF STUDENTS
WHO  ARE  TAP  AND PELL ELIGIBLE; ADMINISTRATIVE AND OPERATING COSTS AND
THE PERCENTAGE OF THOSE COSTS FUNDED BY TUITION; AND COST  SAVING  MEAS-
URES IMPLEMENTED OVER THE PAST SIX YEARS, IF ANY.
  S 2. This act shall take effect immediately.
                                 PART W
  Section  1.  Subdivision (i) of section 17 of the social services law,
as relettered by section 1 of part K3 of chapter 57 of the laws of 2007,
is relettered subdivision (j).
  S 2. Section 17 of the social services law is amended by adding a  new
subdivision (i) to read as follows:
  (I) HAVE THE AUTHORITY APPOINT A TEMPORARY OPERATOR IN ACCORDANCE WITH
THIS SUBDIVISION:
  (1) FOR THE PURPOSES OF THIS SUBDIVISION:
  (I)  "BUILDING"  SHALL  MEAN  AN ENTIRE BUILDING OR A UNIT WITHIN THAT
PROVIDES EMERGENCY SHELTER TO HOMELESS PERSONS.
  (II) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE  OR  HIS
OR HER DESIGNEE.
  (III) "DATA" SHALL MEAN WRITTEN DOCUMENTATION OR KNOWLEDGE OBTAINED IN
THE COURSE OF AN INSPECTION, AUDITS, OR OTHER METHODS AUTHORIZED BY LAW.
  (IV)  "EMERGENCY  SHELTER"  MEANS ANY BUILDING WITH OVERNIGHT SLEEPING
ACCOMMODATIONS, THE PRIMARY PURPOSE OF WHICH  IS  TO  PROVIDE  TEMPORARY
SHELTER  FOR  THE HOMELESS IN GENERAL OR FOR SPECIFIC POPULATIONS OF THE
HOMELESS,  INCLUDING  RESIDENTIAL  PROGRAMS  FOR  VICTIMS  OF   DOMESTIC
VIOLENCE AND RUNAWAY AND HOMELESS YOUTH PROGRAMS CERTIFIED BY THE OFFICE
OF CHILDREN AND FAMILY SERVICES.
  (V) "ESTABLISHED OPERATOR" SHALL MEAN A PROVIDER OF EMERGENCY SHELTER.
  (VI)  "SERIOUS  FINANCIAL, HEALTH OR SAFETY DEFICIENCY" SHALL INCLUDE,
BUT NOT BE LIMITED TO, MISSED MORTGAGE PAYMENTS, MISSED RENT PAYMENTS, A
PATTERN OF UNTIMELY PAYMENT OF DEBTS, FAILURE TO PAY  ITS  EMPLOYEES  OR
VENDORS,  INSUFFICIENT  FUNDS  TO MEET THE GENERAL OPERATING EXPENSES OF
THE PROGRAM, OR A VIOLATION OF LAW, REGULATION, OR CODE WITH RESPECT  TO
A BUILDING THAT PROVIDES EMERGENCY SHELTER TO HOMELESS PERSONS, IN WHICH
THERE  ARE  CONDITIONS  THAT ARE DANGEROUS, HAZARDOUS, IMMINENTLY DETRI-
MENTAL TO LIFE OR HEALTH, OR OTHERWISE RENDER THE BUILDING NOT  FIT  FOR
HUMAN HABITATION.
  (VII)  "TEMPORARY OPERATOR" SHALL MEAN ANY PROVIDER OF EMERGENCY SHEL-
TER THAT:
  (A) AGREES TO PROVIDE EMERGENCY SHELTER PURSUANT TO THIS CHAPTER ON  A
TEMPORARY  BASIS  IN  THE BEST INTERESTS OF ITS HOMELESS INDIVIDUALS AND
FAMILIES SERVED BY THE BUILDING;
  (B) HAS A HISTORY OF COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGU-
LATIONS AND A RECORD OF PROVIDING EMERGENCY SHELTER OF GOOD QUALITY,  AS
DETERMINED BY THE COMMISSIONER; AND
  (C) PRIOR TO APPOINTMENT AS TEMPORARY OPERATOR, DEVELOPS A PLAN DETER-
MINED  TO  BE SATISFACTORY BY THE COMMISSIONER TO ADDRESS THE BUILDING'S
DEFICIENCIES.
  (2) (I) A TEMPORARY OPERATOR MAY ONLY BE APPOINTED AFTER THE EMERGENCY
SHELTER HAS BEEN PROVIDED NOTICE OF ALLEGED VIOLATIONS AND  THE  ABILITY
TO  CURE  SUCH VIOLATIONS. THE LOCAL SOCIAL SERVICES DISTRICT SHALL ALSO
BE NOTIFIED OF THE ALLEGED VIOLATIONS PRIOR  TO  THE  APPOINTMENT  OF  A
TEMPORARY  OPERATOR.  IF  THE  EMERGENCY  SHELTER  FAILS  TO  CURE  SUCH
S. 6406--C                         63                         A. 9006--C
VIOLATIONS IN A TIMELY MANNER, A TEMPORARY  OPERATOR  MAY  BE  APPOINTED
WHERE:   (A) DATA DEMONSTRATES THAT THE BUILDING IS EXHIBITING A SERIOUS
FINANCIAL, HEALTH, OR SAFETY DEFICIENCY; (B) DATA DEMONSTRATES THAT  THE
ESTABLISHED  OPERATOR IS UNABLE OR UNWILLING TO ENSURE THE PROPER OPERA-
TION OF THE BUILDING; OR (C) DATA INDICATES THERE EXIST CONDITIONS  THAT
SERIOUSLY  ENDANGER  OR  JEOPARDIZE  EMERGENCY SHELTER RESIDENTS. IF THE
COMMISSIONER DETERMINES TO APPOINT A TEMPORARY OPERATOR, THE COMMISSION-
ER SHALL NOTIFY THE ESTABLISHED OPERATOR AND THE LOCAL  SOCIAL  SERVICES
DISTRICT  OF  HIS  OR  HER  INTENTION TO APPOINT A TEMPORARY OPERATOR TO
ASSUME SOLE RESPONSIBILITY FOR THE PROVIDER OF THE  EMERGENCY  SHELTER'S
OPERATIONS  FOR A LIMITED PERIOD OF TIME. THE APPOINTMENT OF A TEMPORARY
OPERATOR SHALL BE EFFECTUATED PURSUANT TO THIS SECTION, AND SHALL BE  IN
ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW.
  (II) THE ESTABLISHED OPERATOR MAY AT ANY TIME REQUEST THE COMMISSIONER
TO  APPOINT  A  TEMPORARY  OPERATOR.  UPON RECEIVING SUCH A REQUEST, THE
COMMISSIONER MAY, IF HE OR SHE DETERMINES THAT SUCH AN ACTION IS  NECES-
SARY,  ENTER  INTO  AN  AGREEMENT  WITH THE ESTABLISHED OPERATOR FOR THE
APPOINTMENT OF A TEMPORARY OPERATOR TO RESTORE OR MAINTAIN THE PROVISION
OF QUALITY EMERGENCY SHELTER TO THE EMERGENCY  SHELTER  RESIDENTS  UNTIL
THE  ESTABLISHED  OPERATOR  CAN  RESUME OPERATIONS WITHIN THE DESIGNATED
TIME PERIOD OR OTHER ACTION IS TAKEN TO SUSPEND, REVOKE,  OR  LIMIT  THE
AUTHORITY OF THE ESTABLISHED OPERATOR.
  (3)  (I) A TEMPORARY OPERATOR APPOINTED PURSUANT TO THIS SECTION SHALL
USE HIS OR HER BEST EFFORTS TO IMPLEMENT THE PLAN DEEMED SATISFACTORY BY
THE COMMISSIONER TO CORRECT OR ELIMINATE ANY DEFICIENCIES IN THE  BUILD-
ING  AND TO PROMOTE THE QUALITY AND ACCESSIBILITY OF THE EMERGENCY SHEL-
TER IN THE COMMUNITY SERVED BY THE PROVIDER OF EMERGENCY SHELTER.
  (II) DURING THE TERM OF APPOINTMENT, THE TEMPORARY OPERATOR SHALL HAVE
THE AUTHORITY TO DIRECT THE STAFF OF THE ESTABLISHED OPERATOR AS  NECES-
SARY TO APPROPRIATELY PROVIDE EMERGENCY SHELTER FOR HOMELESS INDIVIDUALS
AND  FAMILIES. THE TEMPORARY OPERATOR SHALL, DURING THIS PERIOD, PROVIDE
EMERGENCY SHELTER IN SUCH A MANNER AS TO PROMOTE SAFETY AND THE  QUALITY
AND  ACCESSIBILITY  OF  EMERGENCY SHELTER IN THE COMMUNITY SERVED BY THE
ESTABLISHED OPERATOR UNTIL EITHER THE ESTABLISHED  OPERATOR  CAN  RESUME
OPERATIONS  OR  UNTIL  THE OFFICE REVOKES THE AUTHORITY OF THE EMERGENCY
SHELTER TO OPERATE UNDER THIS CHAPTER.
  (III) THE ESTABLISHED OPERATOR SHALL GRANT  ACCESS  TO  THE  TEMPORARY
OPERATOR  TO THE ESTABLISHED OPERATOR'S ACCOUNTS AND RECORDS IN ORDER TO
ADDRESS ANY SERIOUS FINANCIAL, HEALTH OR SAFETY DEFICIENCY.  THE  TEMPO-
RARY  OPERATOR  SHALL  APPROVE  ANY  DECISION  RELATED TO AN ESTABLISHED
PROVIDER'S DAY TO DAY OPERATIONS OR THE ESTABLISHED  PROVIDER'S  ABILITY
TO PROVIDE EMERGENCY SHELTER.
  (IV) THE TEMPORARY OPERATOR SHALL NOT BE REQUIRED TO FILE ANY BOND. NO
SECURITY INTEREST IN ANY REAL OR PERSONAL PROPERTY COMPRISING THE ESTAB-
LISHED  OPERATOR  OR CONTAINED WITHIN THE ESTABLISHED OPERATOR OR IN ANY
FIXTURE OF THE BUILDING, SHALL BE IMPAIRED OR DIMINISHED IN PRIORITY  BY
THE  TEMPORARY  OPERATOR.  NEITHER THE TEMPORARY OPERATOR NOR THE OFFICE
SHALL ENGAGE IN ANY ACTIVITY THAT CONSTITUTES A CONFISCATION OF  PROPER-
TY.
  (4)  COSTS  ASSOCIATED  WITH THE TEMPORARY OPERATOR, INCLUDING COMPEN-
SATION, SHALL FOLLOW THE FINANCING STRUCTURE ESTABLISHED  IN  ACCORDANCE
WITH SECTION ONE HUNDRED FIFTY-THREE OF THIS CHAPTER, AS MODIFIED BY THE
CURRENT  AID  TO  LOCALITIES  PROVISIONS FOR THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE WITHIN THE DEPARTMENT OF  FAMILY  ASSISTANCE.  THE
TEMPORARY  OPERATOR  SHALL  BE  LIABLE ONLY IN ITS CAPACITY AS TEMPORARY
OPERATOR FOR INJURY TO PERSON AND PROPERTY BY REASON OF ITS OPERATION OF
S. 6406--C                         64                         A. 9006--C
SUCH BUILDING; NO LIABILITY SHALL  INCUR  IN  THE  TEMPORARY  OPERATOR'S
PERSONAL CAPACITY, EXCEPT FOR GROSS NEGLIGENCE AND INTENTIONAL ACTS.
  (5)  (I) THE INITIAL TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR
SHALL NOT EXCEED NINETY DAYS. AFTER NINETY  DAYS,  IF  THE  COMMISSIONER
DETERMINES  THAT  TERMINATION  OF  THE  TEMPORARY  OPERATOR  WOULD CAUSE
SIGNIFICANT DETERIORATION OF THE QUALITY OF,  OR  ACCESS  TO,  EMERGENCY
SHELTER  IN  THE COMMUNITY OR THAT REAPPOINTMENT IS NECESSARY TO CORRECT
THE DEFICIENCIES THAT REQUIRED THE APPOINTMENT OF THE  TEMPORARY  OPERA-
TOR,  THE  COMMISSIONER  MAY  AUTHORIZE  AN  ADDITIONAL NINETY-DAY TERM.
HOWEVER, SUCH AUTHORIZATION SHALL INCLUDE  THE  COMMISSIONER'S  REQUIRE-
MENTS FOR CONCLUSION OF THE TEMPORARY OPERATORSHIP TO BE SATISFIED WITH-
IN THE ADDITIONAL TERM.
  (II) WITHIN FOURTEEN DAYS PRIOR TO THE TERMINATION OF EACH TERM OF THE
APPOINTMENT  OF  THE  TEMPORARY  OPERATOR,  THE TEMPORARY OPERATOR SHALL
SUBMIT TO THE COMMISSIONER, TO THE LOCAL SOCIAL SERVICES  DISTRICT,  AND
TO THE ESTABLISHED OPERATOR A REPORT DESCRIBING:
  (A) THE ACTIONS TAKEN DURING THE APPOINTMENT TO ADDRESS THE IDENTIFIED
BUILDING  DEFICIENCIES,  THE  RESUMPTION  OF  BUILDING OPERATIONS BY THE
ESTABLISHED OPERATOR, OR THE REVOCATION OF AUTHORITY TO OPERATE AN EMER-
GENCY SHELTER;
  (B) OBJECTIVES FOR THE CONTINUATION OF THE TEMPORARY  OPERATORSHIP  IF
NECESSARY AND A SCHEDULE FOR SATISFACTION OF SUCH OBJECTIVES; AND
  (C)  IF  APPLICABLE, THE RECOMMENDED ACTIONS FOR THE ONGOING PROVISION
OF EMERGENCY SHELTER SUBSEQUENT TO THE TEMPORARY OPERATORSHIP.
  (III) THE TERM OF THE INITIAL APPOINTMENT AND OF ANY SUBSEQUENT  REAP-
POINTMENT  MAY  BE  TERMINATED PRIOR TO THE EXPIRATION OF THE DESIGNATED
TERM, IF THE ESTABLISHED OPERATOR AND THE COMMISSIONER AGREE ON  A  PLAN
OF CORRECTION AND THE IMPLEMENTATION OF SUCH PLAN.
  (6)  (I)  THE  COMMISSIONER  SHALL,  UPON MAKING A DETERMINATION OF AN
INTENTION TO APPOINT A TEMPORARY OPERATOR PURSUANT TO  SUBPARAGRAPH  (I)
OF PARAGRAPH TWO OF THIS SUBDIVISION, CAUSE THE ESTABLISHED OPERATOR AND
THE  LOCAL  SOCIAL  SERVICES DISTRICT TO BE NOTIFIED OF THE INTENTION BY
REGISTERED OR CERTIFIED MAIL ADDRESSED TO THE PRINCIPAL  OFFICE  OF  THE
ESTABLISHED  OPERATOR  AND  THE  LOCAL  SOCIAL SERVICES DISTRICT.   SUCH
NOTIFICATION SHALL INCLUDE A DETAILED DESCRIPTION OF THE FINDINGS UNDER-
LYING THE INTENTION TO APPOINT A TEMPORARY OPERATOR, AND  THE  DATE  AND
TIME  OF  A  REQUIRED  MEETING WITH THE COMMISSIONER WITHIN TEN BUSINESS
DAYS OF THE RECEIPT OF SUCH NOTICE.   AT SUCH MEETING,  THE  ESTABLISHED
OPERATOR,  AND THE COMMISSIONER SHALL HAVE THE OPPORTUNITY TO REVIEW AND
DISCUSS ALL RELEVANT FINDINGS. AT SUCH MEETING, THE COMMISSIONER AND THE
ESTABLISHED OPERATOR SHALL ATTEMPT TO DEVELOP  A  MUTUALLY  SATISFACTORY
PLAN OF CORRECTION AND SCHEDULE FOR IMPLEMENTATION. IF A MUTUALLY SATIS-
FACTORY PLAN OF CORRECTION AND SCHEDULE FOR IMPLEMENTATION IS DEVELOPED,
THE  COMMISSIONER SHALL NOTIFY THE ESTABLISHED OPERATOR THAT THE COMMIS-
SIONER WILL ABSTAIN FROM APPOINTING A TEMPORARY OPERATOR CONTINGENT UPON
THE ESTABLISHED OPERATOR REMEDIATING THE IDENTIFIED DEFICIENCIES  WITHIN
THE AGREED UPON TIMEFRAME.
   (II) THE COMMISSIONER SHALL, UPON MAKING A DETERMINATION OF AN INTEN-
TION  TO  APPOINT  A  TEMPORARY OPERATOR PURSUANT TO SUBPARAGRAPH (I) OF
PARAGRAPH TWO OF THIS SUBDIVISION, CAUSE THE TEMPORARY PRESIDENT OF  THE
SENATE, AND THE SPEAKER OF THE ASSEMBLY TO RECEIVE APPROPRIATE AND TIME-
LY  NOTIFICATION OF THE INTENTION TO APPOINT A TEMPORARY OPERATOR.  SUCH
NOTIFICATION SHALL INCLUDE A DESCRIPTION OF THE FINDINGS UNDERLYING  THE
INTENTION TO APPOINT A TEMPORARY OPERATOR, THE IDENTIFICATION OF THE NEW
OPERATOR  WHEN  PRACTICABLE,  AND THE DATE OF EXPECTED TRANSFER OF OPER-
S. 6406--C                         65                         A. 9006--C
ATIONS. SUCH NOTICE SHALL BE MADE  AS  SOON  AS  PRACTICABLE  UNDER  THE
CIRCUMSTANCES.
  (III)  THE  COMMISSIONER, AT ANY TIME HE OR SHE DEEMS NECESSARY AND TO
THE EXTENT PRACTICABLE, SHALL CONSULT AND MAY INVOLVE THE  LOCAL  SOCIAL
SERVICES DISTRICT.
  (IV) SHOULD THE COMMISSIONER AND THE ESTABLISHED OPERATOR BE UNABLE TO
ESTABLISH  A  PLAN  OF  CORRECTION  PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH, OR SHOULD THE ESTABLISHED OPERATOR FAIL  TO  RESPOND  TO  THE
COMMISSIONER'S  INITIAL  NOTIFICATION,  THERE SHALL BE AN ADMINISTRATIVE
HEARING ON THE COMMISSIONER'S DETERMINATION TO APPOINT A TEMPORARY OPER-
ATOR TO BEGIN NO LATER THAN THIRTY DAYS FROM THE DATE OF THE  NOTICE  TO
THE  ESTABLISHED OPERATOR. ANY SUCH HEARING SHALL BE STRICTLY LIMITED TO
THE ISSUE OF WHETHER THE DETERMINATION OF THE COMMISSIONER TO APPOINT  A
TEMPORARY  OPERATOR  IS SUPPORTED BY SUBSTANTIAL EVIDENCE. A COPY OF THE
DECISION SHALL BE SENT TO THE ESTABLISHED OPERATOR AND THE LOCAL  SOCIAL
SERVICES DISTRICT.
  (V)  IF  THE  DECISION  TO APPOINT A TEMPORARY OPERATOR IS UPHELD SUCH
TEMPORARY OPERATOR SHALL BE APPOINTED AS  SOON  AS  IS  PRACTICABLE  AND
SHALL  PROVIDE  EMERGENCY  SHELTER  PURSUANT  TO  THE PROVISIONS OF THIS
SECTION.
  (7) NOTWITHSTANDING THE  APPOINTMENT  OF  A  TEMPORARY  OPERATOR,  THE
ESTABLISHED  OPERATOR SHALL REMAIN OBLIGATED FOR THE CONTINUED PROVISION
OF EMERGENCY SHELTER. NO PROVISION CONTAINED IN THIS  SECTION  SHALL  BE
DEEMED  TO  RELIEVE  THE ESTABLISHED OPERATOR OR ANY OTHER PERSON OF ANY
CIVIL OR CRIMINAL LIABILITY INCURRED, OR ANY DUTY  IMPOSED  BY  LAW,  BY
REASON  OF  ACTS  OR  OMISSIONS OF THE ESTABLISHED OPERATOR OR ANY OTHER
PERSON PRIOR TO THE APPOINTMENT OF ANY TEMPORARY OPERATOR OF THE  BUILD-
ING HEREUNDER; NOR SHALL ANYTHING CONTAINED IN THIS SECTION BE CONSTRUED
TO  SUSPEND DURING THE TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR
OF THE BUILDING ANY OBLIGATION OF THE ESTABLISHED OPERATOR OR ANY  OTHER
PERSON  FOR  THE  MAINTENANCE  AND  REPAIR OF THE BUILDING, PROVISION OF
UTILITY SERVICES, PAYMENT OF TAXES OR OTHER  OPERATING  AND  MAINTENANCE
EXPENSES  OF  THE BUILDING, NOR OF THE ESTABLISHED OPERATOR OR ANY OTHER
PERSON FOR THE PAYMENT OF MORTGAGES OR LIENS.
  S 3. Nothing in section two of this act shall be deemed in any way  to
limit  the  authority of the commissioner of the office of temporary and
disability assistance or the commissioner of the office of children  and
family  services  or his or her designee to take additional actions with
respect to a building that provides emergency shelter,  in  which  there
are  conditions that are dangerous, hazardous, imminently detrimental to
life or health, or otherwise render the building not fit for human habi-
tation.
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after April 1, 2016, provided
further that this act shall expire and  be  deemed  repealed  March  31,
2019.
                                 PART X
  Section  1. Subdivision 1 of section 131-n of the social services law,
as amended by chapter 373 of the laws of 2003, paragraph (c) as  amended
by  section 5 of part J of chapter 58 of the laws of 2014, is amended to
read as follows:
  1. The following resources shall be exempt and disregarded  in  calcu-
lating  the amount of benefits of any household under any public assist-
ance program: (a) cash and liquid or nonliquid resources up to two thou-
S. 6406--C                         66                         A. 9006--C
sand dollars, or three thousand dollars in the  case  of  households  in
which  any  member  is  sixty years of age or older, (b) an amount up to
four thousand six hundred fifty  dollars  in  a  separate  bank  account
established  by  an  individual while currently in receipt of assistance
for the sole purpose of enabling the individual to purchase a  first  or
replacement  vehicle  for  the  recipient  to  seek,  obtain or maintain
employment, so long as the funds are not used for any other purpose, (c)
an amount up to one thousand four hundred dollars  in  a  separate  bank
account  established  by  an  individual  while  currently in receipt of
assistance for the purpose of paying tuition at a two-year or  four-year
accredited  post-secondary educational institution, so long as the funds
are not used for any other purpose, (d) the  home  which  is  the  usual
residence of the household, (e) [one automobile, up to four thousand six
hundred  fifty dollars fair market value, provided, however, that if the
automobile is needed for the applicant or recipient to  seek  or  retain
employment  or  travel to and from work activities as defined in section
three hundred thirty-six of this chapter, the automobile exemption shall
be increased to nine thousand three hundred dollars,] ONE AUTOMOBILE, UP
TO TEN THOUSAND DOLLARS FAIR MARKET VALUE, THROUGH  MARCH  THIRTY-FIRST,
TWO  THOUSAND  SEVENTEEN;  ONE AUTOMOBILE, UP TO ELEVEN THOUSAND DOLLARS
FAIR MARKET VALUE, FROM APRIL  FIRST,  TWO  THOUSAND  SEVENTEEN  THROUGH
MARCH  THIRTY-FIRST,  TWO  THOUSAND  EIGHTEEN; AND ONE AUTOMOBILE, UP TO
TWELVE THOUSAND DOLLARS FAIR MARKET VALUE, BEGINNING  APRIL  FIRST,  TWO
THOUSAND  EIGHTEEN  AND THEREAFTER, or such other higher dollar value as
the local social services district may elect to adopt,  (f)  one  burial
plot per household member as defined in department regulations, (g) bona
fide  funeral  agreements  up  to  a  total of one thousand five hundred
dollars in equity value per household member, (h) funds in an individual
development account established in accordance with subdivision  five  of
section  three  hundred  fifty-eight  of  this  chapter and section four
hundred three of the social security act and (i) for  a  period  of  six
months,  real property which the household is making a good faith effort
to sell, in accordance with department regulations and tangible personal
property necessary for business or for employment purposes in accordance
with department regulations. If federal law or regulations  require  the
exemption or disregard of additional income and resources in determining
need for family assistance, or medical assistance not exempted or disre-
garded  pursuant  to any other provision of this chapter, the department
may, by regulations subject to the approval of the director of the budg-
et, require social services officials to exempt or disregard such income
and resources. Refunds resulting from earned income tax credits shall be
disregarded in public assistance programs.
  S 2. This act shall take effect on the forty-fifth day after it  shall
have  become  a  law;  provided  that the amendments to subdivision 1 of
section 131-n of the social services law made by section one of this act
shall not affect the expiration and repeal of  such  section  and  shall
expire and be deemed repealed therewith.
                                 PART Y
  Section  1.  Section  332-b  of  the social services law is amended by
adding a new subdivision 4-a to read as follows:
  4-A. IF THE PRACTITIONER TO WHOM THE INDIVIDUAL IS  REFERRED  PURSUANT
TO  SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION
ISSUES AN OPINION THAT DIFFERS FROM THE APPLICANT'S TREATING HEALTH CARE
PRACTITIONER, THE PRACTITIONER SHALL  PROVIDE  A  WRITTEN  DETERMINATION
S. 6406--C                         67                         A. 9006--C
THAT  SPECIFIES  WHY  THE  PRACTITIONER  DISAGREES  WITH THE APPLICANT'S
TREATING HEALTH CARE PRACTITIONER'S DISABILITY DETERMINATION AND PRESENT
EVIDENCE THAT SUPPORTS THE OPINION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.
                                 PART Z
  Section 1. Paragraph 1 of subdivision d of section 19-a of the retire-
ment and social security law, as amended by section  2  of  part  BB  of
chapter 57 of the laws of 2013, is amended to read as follows:
  (1) For any given fiscal year for which an employer's average actuari-
al  contribution  rate  exceeds the system graded contribution rate, the
employer shall pay to the retirement  system  an  amount  equal  to  the
employer's  annual  bill  for such year or, in lieu of paying the entire
annual bill, the employer may pay an  amount  equal  to  the  employer's
annual  bill less all or a portion of the employer's amount eligible for
amortization for the fiscal year. If in accordance with  this  paragraph
the  employer's payment to the retirement system is less than the entire
amount of the employer's annual bill, then the  difference  between  the
employer's  annual bill, and the amount actually paid by the employer to
the retirement system exclusive of any amount from the employer contrib-
ution reserve fund applied to reduce the employer's  payment,  shall  be
the  amount  amortized for the fiscal year. The amount amortized for the
fiscal year shall be paid to  the  retirement  system  in  equal  annual
installments over a ten-year period, with interest on the unpaid balance
at a rate determined by the comptroller which approximates a market rate
of  return on taxable fixed rate securities with similar terms issued by
comparable issuers, and with the first installment due in the immediate-
ly succeeding fiscal year.  PROVIDED HOWEVER THAT,  NOTWITHSTANDING  ANY
PROVISION  OF  LAW  TO  THE  CONTRARY  AND AT THE SOLE DISCRETION OF THE
DIRECTOR OF THE DIVISION OF THE  BUDGET,  THE  STATE  AS  AN  AMORTIZING
EMPLOYER MAY PREPAY TO THE RETIREMENT SYSTEM THE TOTAL AMOUNT OF PRINCI-
PAL  DUE  FOR  ANY  SUCH  ANNUAL INSTALLMENT OR INSTALLMENTS FOR A GIVEN
FISCAL YEAR PRIOR TO THE EXPIRATION OF THE TEN-YEAR AMORTIZATION PERIOD.
IN THE EVENT THE STATE ELECTS TO MAKE SUCH PREPAYMENT, THE  DIRECTOR  OF
THE  DIVISION OF BUDGET MUST IDENTIFY THE FISCAL YEAR OR YEARS FOR WHICH
THE TOTAL PRINCIPAL AMOUNT DUE  FOR  THE  ANNUAL  INSTALLMENT  IS  BEING
PREPAID.  IN  ANY  FISCAL YEAR FOR WHICH THE DIRECTOR OF THE DIVISION OF
THE BUDGET IDENTIFIES SUCH PREPAYMENT IS BEING MADE, THE STATE (I) SHALL
NOT BE REQUIRED TO MAKE A PAYMENT OF PRINCIPAL TO THE RETIREMENT  SYSTEM
FOR SUCH FISCAL YEAR, AND (II) SHALL PAY TO THE RETIREMENT SYSTEM ANNUAL
INTEREST  ON  THE REMAINING PRINCIPAL BALANCE AT THE RATE ORIGINALLY SET
BY THE COMPTROLLER WHEN THE STATE FIRST ELECTED TO AMORTIZE  IN  ACCORD-
ANCE  WITH  THIS  PARAGRAPH.  NOTHING  CONTAINED HEREIN SHALL PERMIT THE
STATE TO  EXTEND  THE  AMORTIZATION  PERIOD  ORIGINALLY  ESTABLISHED  IN
ACCORDANCE WITH THIS PARAGRAPH BEYOND THE ORIGINAL TEN-YEAR AMORTIZATION
PERIOD.
  S  2.  Paragraph 1 of subdivision d of section 319-a of the retirement
and social security law, as amended by section 3 of part BB  of  chapter
57 of the laws of 2013, is amended to read as follows:
  (1) For any given fiscal year for which an employer's average actuari-
al  contribution rate exceeds the employer graded contribution rate, the
employer shall pay to the retirement  system  an  amount  equal  to  the
employer's  annual  bill  for such year or, in lieu of paying the entire
annual bill, the employer may pay an  amount  equal  to  the  employer's
S. 6406--C                         68                         A. 9006--C
annual  bill less all or a portion of the employer's amount eligible for
amortization for the fiscal year. If in accordance with  this  paragraph
the  employer's payment to the retirement system is less than the entire
amount  of  the  employer's annual bill, then the difference between the
employer's annual bill, and the amount actually paid by the employer  to
the retirement system exclusive of any amount from the employer contrib-
ution  reserve  fund  applied to reduce the employer's payment, shall be
the amount amortized for the fiscal year.  The amount amortized for  the
fiscal  year  shall  be  paid  to  the retirement system in equal annual
installments over a ten-year period, with interest on the unpaid balance
at a rate determined by the comptroller which approximates a market rate
of return on taxable fixed rate securities with similar terms issued  by
comparable issuers, and with the first installment due in the immediate-
ly  succeeding  fiscal year.  PROVIDED HOWEVER THAT, NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY AND  AT  THE  SOLE  DISCRETION  OF  THE
DIRECTOR  OF  THE  DIVISION  OF  THE  BUDGET, THE STATE AS AN AMORTIZING
EMPLOYER MAY PREPAY TO THE RETIREMENT SYSTEM THE TOTAL AMOUNT OF PRINCI-
PAL DUE FOR ANY SUCH ANNUAL INSTALLMENT  OR  INSTALLMENTS  FOR  A  GIVEN
FISCAL YEAR PRIOR TO THE EXPIRATION OF THE TEN-YEAR AMORTIZATION PERIOD.
IN  THE  EVENT THE STATE ELECTS TO MAKE SUCH PREPAYMENT, THE DIRECTOR OF
THE DIVISION OF BUDGET MUST IDENTIFY THE FISCAL YEAR OR YEARS FOR  WHICH
THE  TOTAL  PRINCIPAL  AMOUNT  DUE  FOR  THE ANNUAL INSTALLMENT IS BEING
PREPAID. IN ANY FISCAL YEAR FOR WHICH THE DIRECTOR OF  THE  DIVISION  OF
THE BUDGET IDENTIFIES SUCH PREPAYMENT IS BEING MADE, THE STATE (I) SHALL
NOT  BE REQUIRED TO MAKE A PAYMENT OF PRINCIPAL TO THE RETIREMENT SYSTEM
FOR SUCH FISCAL YEAR, AND (II) SHALL PAY TO THE RETIREMENT SYSTEM ANNUAL
INTEREST ON THE REMAINING PRINCIPAL BALANCE AT THE RATE  ORIGINALLY  SET
BY  THE  COMPTROLLER WHEN THE STATE FIRST ELECTED TO AMORTIZE IN ACCORD-
ANCE WITH THIS PARAGRAPH. NOTHING  CONTAINED  HEREIN  SHALL  PERMIT  THE
STATE  TO  EXTEND  THE  AMORTIZATION  PERIOD  ORIGINALLY  ESTABLISHED IN
ACCORDANCE WITH THIS PARAGRAPH BEYOND THE ORIGINAL TEN-YEAR AMORTIZATION
PERIOD.
  S 3. This act shall take effect April 1, 2016.
                                 PART AA
  Section 1. Section 4 of chapter 495 of the laws of 2004, amending  the
insurance  law  and the public health law relating to the New York state
health  insurance  continuation  assistance  demonstration  project,  as
amended  by  section  1 of part GG of chapter 58 of the laws of 2015, is
amended to read as follows:
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law;  provided,  however, that this act shall remain in
effect until July 1, [2016] 2017 when upon such date the  provisions  of
this  act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance  retroac-
tive to July 1, 2004.
  S 2. This act shall take effect immediately.
                                 PART BB
  Section  1.    Legislative  intent.  The legislature declares that the
purpose of this act is to clearly provide in  statute  for  insurers  to
offer  and  for  homeowners,  condominium  owners, cooperative apartment
owners, and renters to obtain a financial incentive if they  complete  a
course of instruction on how to make their residence more resilient to a
S. 6406--C                         69                         A. 9006--C
natural  disaster,  reduce the potential loss of life or property damage
that could result from a natural disaster,  reduce  the  risk  of  fire,
theft,  burglary,  personal  injury  or property damage, and raise their
awareness of natural disaster preparedness by offering property/casualty
insurance premium reductions.
  S  2.  The  section  heading  of section 2346 of the insurance law, as
amended by chapter 637 of the  laws  of  1993,  is  amended  and  a  new
subsection 5 is added to read as follows:
  Reduction  in  rates  of  fire insurance [or], homeowners insurance OR
PROPERTY/CASUALTY premiums for residential property.
  5. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SUBSECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (1) "COMPLETION CERTIFICATE" MEANS A DOCUMENT WHICH CANNOT BE  ALTERED
AND WHICH IS PROVIDED TO A PERSON WHO SUCCESSFULLY COMPLETES A HOMEOWNER
NATURAL DISASTER PREPAREDNESS, HOME SAFETY AND LOSS PREVENTION COURSE.
  (2)  "NATURAL  DISASTER"  MEANS  THE  OCCURRENCE OR IMMINENT THREAT OF
WIDESPREAD CATASTROPHIC OR SEVERE DAMAGE, INJURY, OR  LOSS  OF  LIFE  OR
PROPERTY RESULTING FROM ANY NATURAL CAUSE INCLUDING, BUT NOT LIMITED TO,
FIRE,  FLOOD,  EARTHQUAKE,  HURRICANE,  TORNADO,  HIGH WATER, LANDSLIDE,
MUDSLIDE, WIND, STORM, WAVE ACTION, ICE  STORM,  EPIDEMIC,  AIR  CONTAM-
INATION,  BLIGHT,  DROUGHT, INFESTATION, EXPLOSION, WATER CONTAMINATION,
BRIDGE FAILURE, OR BRIDGE COLLAPSE.
  (3) "HOMEOWNER NATURAL DISASTER PREPAREDNESS,  HOME  SAFETY  AND  LOSS
PREVENTION  COURSE"  MEANS  A NATURAL DISASTER PREPAREDNESS, HOME SAFETY
AND LOSS PREVENTION COURSE THAT HAS BEEN SUBMITTED TO THE SUPERINTENDENT
FOR THEIR INFORMATION AND REVIEW BY  AN  APPLICANT.    SUCH  COURSE  MAY
PROVIDE  USEFUL  INFORMATION TO PARTICIPANTS ON ITEMS INCLUDING, BUT NOT
LIMITED TO:  COURSES OF ACTION THAT CAN  BE  TAKEN  BEFORE,  DURING  AND
AFTER  THE  OCCURRENCE  OF A NATURAL DISASTER, STRATEGIES TO REDUCE RISK
EXPOSURE TO INSURED RESIDENTIAL PROPERTY OWNERS AND RENTERS, AND  INFOR-
MATION  ABOUT  THE  INSTALLATION  OF EQUIPMENT, DEVICES OR OTHER CAPITAL
IMPROVEMENTS TO REAL PROPERTY WHICH CAN HELP TO  ELIMINATE  OR  MITIGATE
DAMAGE TO REAL OR PERSONAL PROPERTY, PERSONAL INJURY OR THE LOSS OF LIFE
CAUSED BY A NATURAL DISASTER OR OTHER INSURABLE EVENT OR OCCURRENCE OF A
FIRE, THEFT, BURGLARY, PERSONAL INJURY OR PROPERTY DAMAGE.
  (4)  "APPLICANT"  MEANS  AN  INSURER,  OR  ANY OTHER PERSON, AGENCY OR
ORGANIZATION  WHICH  SUBMITS  A  PROPOSED  HOMEOWNER  NATURAL   DISASTER
PREPAREDNESS,  HOME SAFETY AND LOSS PREVENTION COURSE TO THE SUPERINTEN-
DENT FOR THEIR INFORMATION AND REVIEW, AND WHO OR WHICH IS PREPARED  AND
ABLE TO OFFER SUCH COURSE TO INSUREDS UPON THE APPROVAL THEREOF.
  (B)  THE  SUPERINTENDENT  MAY  PROVIDE  FOR AN ACTUARIALLY APPROPRIATE
REDUCTION FOR A PERIOD OF THREE YEARS IN RATES OF HOMEOWNER'S  INSURANCE
AND  PROPERTY/CASUALTY INSURANCE PREMIUMS APPLICABLE TO RESIDENTIAL REAL
PROPERTY FOR EACH TRIENNIAL COMPLETION OF A HOMEOWNER  NATURAL  DISASTER
PREPAREDNESS,  HOME  SAFETY  AND  LOSS  PREVENTION COURSE BY THE INSURED
OCCUPANT OF SUCH   RESIDENTIAL REAL PROPERTY. IN  ADDITION,  THE  SUPER-
INTENDENT  MAY  ALSO  PROVIDE  FOR ACTUARIALLY APPROPRIATE REDUCTIONS IN
SUCH RATES FOR THE INSTALLATION OF EQUIPMENT, DEVICES OR  OTHER  CAPITAL
IMPROVEMENTS  TO  REAL  PROPERTY WHICH CAN HELP TO ELIMINATE OR MITIGATE
NATURAL DISASTER DAMAGE, IMPROVE HOME SAFETY OR PREVENT OTHER LOSSES.
  (C)  AN  INSURER,  UPON  APPROVAL  OF  THE  SUPERINTENDENT,  MAY  UPON
SUBMISSION OF A COMPLETION CERTIFICATE BY AN INSURED, PROVIDE AN ACTUAR-
IALLY APPROPRIATE REDUCTION, FOR A PERIOD OF THREE YEARS, OF THE PREMIUM
FOR  SUCH INSURED'S HOMEOWNER'S INSURANCE OR PROPERTY/CASUALTY INSURANCE
ON THE RESIDENTIAL REAL PROPERTY WHICH IS THE INSURED'S PLACE  OF  RESI-
DENCE.
S. 6406--C                         70                         A. 9006--C
  (D)  THE SUPERINTENDENT MAY ESTABLISH, BY RULE OR OTHERWISE, STANDARDS
OR GUIDELINES TO BE  USED  BY  THE  SUPERINTENDENT  WHEN  REVIEWING  THE
PROPOSED  HOMEOWNER  NATURAL DISASTER PREPAREDNESS, HOME SAFETY AND LOSS
PREVENTION COURSES.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  effective  immediately,  any actions necessary to be taken for the
implementation of the provisions of this act on its effective  date  are
authorized  and  directed  to  be  completed on or before such effective
date.
                                 PART CC
  Section 1. Section 9-w of the banking law, as added by  section  1  of
part F of chapter 56 of the laws of 2015, is amended to read as follows:
  S  9-w.  Standard  financial  aid  award letter. The superintendent of
financial services in consultation with  the  president  of  the  higher
education  services  corporation  shall develop a standard financial aid
award letter which shall clearly delineate (a)  the  estimated  cost  of
attendance,  including but not limited to, the cost of tuition and fees,
room and board, books, and transportation. Such  standard  letter  shall
provide  the  estimated cost of attendance for the current academic year
as well as estimates for each academic year that the student would  need
to  attend  to  earn a degree at such institution with a disclaimer that
the cost of attendance for years other than the  current  academic  year
are  estimates  and  may  be  subject  to  change, (b) all financial aid
offered from the federal government, the state, and the institution with
an explanation as to which components will require  repayment,  (c)  any
expected  student and/or family contribution, (d) campus-specific gradu-
ation, median borrowing, and loan  default  rates,  and  (e)  any  other
information as determined by the superintendent in consultation with the
president.  Such  standard  letter  shall include a glossary of standard
terms and definitions used on such standard letter.  The  superintendent
shall  publish and make available such standard letter by December thir-
ty-first, two thousand fifteen and thereafter. Each college,  vocational
institution,  and  any other institution that offers an approved program
as defined in section six hundred one of the education law shall utilize
the standard letter issued by the department of  financial  services  in
responding  to  all  UNDERGRADUATE  financial aid applicants for the two
thousand sixteen--two thousand seventeen academic year  and  thereafter.
The   superintendent  shall  promulgate  regulations  implementing  this
section.
  S 2. This act shall take effect immediately.
                                 PART DD
  Section 1. Subdivision 11 of section 6305 of  the  education  law,  as
amended  by  section  1  of part W of chapter 56 of the laws of 2014, is
amended to read as follows:
  11. The state university of New York and the city  university  of  New
York  shall,  pursuant  to  a  study and plan, develop a methodology for
calculating chargeback rates to ensure equity between the local  sponsor
contribution  per student and the chargeback rate per student charged to
other counties, and the  implementation  of  such  methodology  will  be
phased  in  over  five years beginning in the two thousand [sixteen--two
thousand seventeen] EIGHTEEN--TWO THOUSAND  NINETEEN  academic  year.  A
S. 6406--C                         71                         A. 9006--C
report  on  the  plan  shall be submitted to the chair of the senate and
assembly higher education committees, the chairs of the  senate  finance
committee,  the  chair  of the assembly ways and means committee and the
director of the budget no later than June first, two thousand fifteen.
  S 2. This act shall take effect immediately.
                                 PART EE
  Section  1.  Section  4  of  part U of chapter 55 of the laws of 2014,
amending the real property tax law relating to  the  tax  abatement  and
exemption  for  rent  regulated and rent controlled property occupied by
senior citizens, is amended to read as follows:
  S 4. This act shall take effect July 1, 2014, and sections one and two
of this act shall expire and be  deemed  repealed  [2  years  after  the
effective  date  thereof]  JUNE 30, 2020; provided that the amendment to
section 467-b of the real property tax law made by section one  of  this
act  shall not affect the expiration of such section and shall be deemed
to expire therewith.
  S 2. Section 3 of part U of chapter 55 of the laws of  2014,  amending
the  real  property  tax law relating to the tax abatement and exemption
for rent regulated and rent controlled property occupied by senior citi-
zens, is amended to read as follows:
  S 3. The state shall reimburse the city of New York for the difference
between the amount of real property tax revenue abated  for  the  period
beginning  July  1, 2014 and ending June 30, 2016 pursuant to the income
threshold established by sections one and two of this act and the amount
of real property tax revenue that would have been abated for the  period
beginning  July  1, 2014 and ending June 30, 2016 pursuant to the income
thresholds that were in effect immediately prior to the income threshold
increases established by sections one and two  of  this  act,  PROVIDED,
HOWEVER,  THE  STATE'S LIABILITY AND AMOUNT OF REIMBURSEMENT PURSUANT TO
THIS ACT SHALL NOT EXCEED ONE  MILLION  TWO  HUNDRED  THOUSAND  DOLLARS.
Prior to any payment, the city shall provide attestation to the director
of  the  New York state division of the budget and the state comptroller
as to the actual amount of real property tax revenue abated pursuant  to
the  income  thresholds  established by sections one and two of this act
for the city fiscal years beginning July 1, 2014 and July  1,  2015  and
the  actual  amount  of  real  property tax revenue that would have been
abated pursuant to the income thresholds that were in effect immediately
prior to the income threshold increases established by sections one  and
two  of  this  act  for the city fiscal years beginning July 1, 2014 and
July 1, 2015.  The information contained within such attestation may  be
subject to the audit and verification by the state comptroller.
  S  3.  Section 4 of chapter 129 of the laws of 2014, amending the real
property tax law relating to the tax abatement and  exemption  for  rent
regulated and rent controlled property occupied by persons with disabil-
ities, is amended to read as follows:
  S 4. This act shall take effect July 1, 2014 provided, however, that:
  (a) the amendments to paragraph b of subdivision 3 of section 467-b of
the  real  property  tax  law  made  by section one of this act shall be
subject to the expiration and reversion of such subdivision pursuant  to
section  17  of  chapter  576 of the laws of 1974, as amended, when upon
such date the provisions of section two of this act shall  take  effect;
and
  (b)  nothing  contained in this act shall be construed so as to extend
the provisions of this act beyond [July 1, 2016]  JUNE  30,  2020,  when
S. 6406--C                         72                         A. 9006--C
upon  such  date  this  act shall expire and the provisions contained in
this act shall be deemed repealed.
  S 4. This act shall take effect immediately.
                                 PART FF
  Section  1.  Subject to the provisions of this act, the town of River-
head, county of Suffolk, (hereinafter the "town") is  hereby  authorized
to refund bonds previously issued or refunded between 2000-2008 pursuant
to section 64-e of the town law for the acquisition of land or permanent
rights  on  land.  The  refunding bonds may be sold at public or private
sale in accordance with sections 90.00 or 90.10  of  the  local  finance
law,  provided,  however,  that the town shall be exempt from compliance
with (a) subdivisions 1 and 4 of paragraph a and subdivision 3 of  para-
graph  f  of section 90.00 of the local finance law relating to limiting
the length of time for which refunding bonds can be issued and budgetary
appropriation requirements for payments due on original  bond  issuance,
and (b) subparagraph (a) of subdivision 2 of paragraph b, subdivisions 4
and  5  of  paragraph  e,  and paragraph g of section 90.10 of the local
finance law relating to a required showing of savings for  the  issuance
of  refunding  bonds and limiting the length of time refunding bonds can
be issued for. If the bonds to be refunded are to be redeemed or paid on
the same date as the refunding bonds are issued, the town shall  not  be
required  to  comply  with  the provisions of section 90.10 of the local
finance law relating to the escrow of the proceeds of the  sale  of  the
refunding bonds.
  S  2. The refunding bonds authorized to be issued pursuant to this act
shall not be issued unless the governing board  of  the  town  adopts  a
resolution which shall be subject to a permissive referendum pursuant to
article  7  of  the town law. Except for those provisions from which the
town is exempt pursuant to section one  of  this  act,  such  resolution
shall  contain the information required by section 90.00 or 90.10 of the
local finance law, and
  (a) the financial plan for the proposed refunding must show the sourc-
es and amounts of all moneys required to accomplish such refunding; and
  (b) the period or periods of probable usefulness  for  bonds  provided
that  refunding  bonds  issued  by  the town shall not be limited to the
period of probable usefulness at the time of the issuance of  the  bonds
to  be refunded. A statement of period or periods of probable usefulness
may include an extension of such period of time as  authorized  by  this
act.
  S  3.  Notwithstanding  the  thirty year period of probable usefulness
contained in subdivision 21 of paragraph a of section 11.00 of the local
finance law, the period of probable usefulness for  the  acquisition  of
land  or  permanent rights on land and the financing of such acquisition
pursuant to section 64-e of the town law prior to the effective date  of
this act shall be fifty years provided that the resolution is adopted in
compliance with this act, and provided further that such fifty year term
shall only apply to bonds referenced in section one of this act.
  S  4.  No further indebtedness by the town shall be authorized for the
acquisition of land or permanent rights on land pursuant to section 64-e
of the town law so long as any repayment obligations exist for refunding
bonds issued pursuant to the provisions of this act.
  S 5. This act shall take effect immediately.
                                 PART GG
S. 6406--C                         73                         A. 9006--C
  Section 1. Section 8 of the volunteer firefighters'  benefit  law,  as
amended  by  chapter  574  of  the  laws  of 1998, is amended to read as
follows:
  S  8.  Permanent total disability benefits. In the case of total disa-
bility adjudged to be permanent the volunteer firefighter shall be  paid
four  hundred  dollars  for  each  week  during the continuance thereof.
Permanent total disability, within the meaning of  this  section,  shall
exist only if the earning capacity of the volunteer firefighter has been
lost  permanently  and  totally as the result of the injury. The loss of
both hands, or both arms, or both feet, or both legs, or both  eyes,  or
any  two  thereof,  shall,  in  the  absence  of conclusive proof to the
contrary, constitute permanent total disability, but in all other  cases
permanent  total  disability  shall be determined in accordance with the
facts. Notwithstanding any other provisions of this chapter, an  injured
volunteer  firefighter  disabled due to the loss or total loss of use of
both eyes, or both hands, or both arms, or both feet, or both  legs,  or
any  two  thereof shall not suffer any diminution of such weekly benefit
by engaging in business or employment provided his or her  weekly  earn-
ings or wages, when combined with his or her weekly benefit shall not be
in  excess of [six] EIGHT hundred dollars; and further provided that the
application of this section shall not result in  reduction  of  benefits
which  an  injured volunteer firefighter who is disabled due to the loss
or total loss of use of both eyes, or both hands, or both arms, or  both
feet,  or  both  legs, or any two thereof would otherwise be entitled to
under any other provisions of this article.
  S 2. This act shall take effect July 1, 2016.
                                 PART HH
  Section 1. Paragraph (f) of subdivision  2  of  section  14-l  of  the
transportation  law,  as amended by section 1 of part V of chapter 58 of
the laws of 2013, is amended to read as follows:
  (f) No grant or loan to any eligible applicant shall exceed the sum of
one million FIVE HUNDRED THOUSAND dollars, and no part of any such grant
or loan shall be used for salaries or for services regularly provided by
the applicant for administrative costs in connection with such grant  or
loan.
  S 2. This act shall take effect immediately.
                                 PART II
  Section  1.  Part  C  of  chapter  58  of the laws of 2005 authorizing
reimbursements for expenditures made by or on behalf of social  services
districts  for  medical  assistance for needy persons and administration
thereof is amended by adding a new section 6-a to read as follows:
  S 6-A. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY,  THE
COMMISSIONER  OF  HEALTH IS AUTHORIZED TO ESTABLISH A STATEWIDE MEDICAID
INTEGRITY AND EFFICIENCY INITIATIVE FOR THE  PURPOSE  OF  ACHIEVING  NEW
AUDIT  RECOVERIES,  EFFICIENCIES  IN  THE  ADMINISTRATION OF THE MEDICAL
ASSISTANCE PROGRAM AND OTHER COST  AVOIDANCE  MEASURES  THROUGH  COLLAB-
ORATION WITH SOCIAL SERVICES DISTRICTS THROUGHOUT THE STATE. THE COMMIS-
SIONER MAY ESTABLISH A TARGET AMOUNT OF SUCH RECOVERIES AND EFFICIENCIES
FOR DISTRICTS THAT ELECT TO PARTICIPATE IN THE INITIATIVE.
  2.  ON  OR  AFTER APRIL 1 OF EACH YEAR, SOCIAL SERVICES DISTRICTS THAT
ELECT TO PARTICIPATE SHALL SUBMIT A PLAN FOR ACHIEVING AUDIT  RECOVERIES
AND EFFICIENCIES IN THE ADMINISTRATION OF THE MEDICAL ASSISTANCE PROGRAM
S. 6406--C                         74                         A. 9006--C
TO THE DEPARTMENT OF HEALTH FOR REVIEW AND APPROVAL PRIOR TO IMPLEMENTA-
TION.  DISTRICTS  ARE  ENCOURAGED  TO SOLICIT LOCAL STAKEHOLDER INPUT IN
FORMULATING SUCH PLANS.
  3.  AUDIT  RECOVERIES  AND  EFFICIENCIES  IN THE ADMINISTRATION OF THE
MEDICAL ASSISTANCE PROGRAM ACHIEVED UNDER A PLAN  APPROVED  PURSUANT  TO
THIS  SECTION MUST BE VALIDATED BY THE DEPARTMENT OF HEALTH IN CONSULTA-
TION WITH THE OFFICE OF THE MEDICAID INSPECTOR GENERAL, AND MUST  RESULT
FROM DISTRICT ACTIVITIES SPECIFIED IN THE PLAN, AND MUST NOT REFLECT THE
IMPACTS  OF  FEDERAL ENHANCEMENTS OR CURRENT OR FUTURE LEGAL SETTLEMENTS
UNRELATED TO  ACTIVITIES  UNDER  THE  PLAN.  EFFICIENCIES  DERIVED  FROM
ACTIONS  THAT  ARE  TAKEN  TO MAXIMIZE OR ENHANCE PREEXISTING LOCAL COST
CONTAINMENT INITIATIVES MAY BE INCLUDED AMONG THE CALCULATION OF TARGETS
OUTLINED IN THE PLAN, SO LONG AS SUCH EFFICIENCIES WERE  NOT  PREVIOUSLY
ASSUMED.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed two years after it shall have become a law.
                                 PART JJ
  Section 1. Subdivision 1 of section 92 of part H of chapter 59 of  the
laws  of 2011, amending the public health law and other laws relating to
known and projected department of health state  fund  Medicaid  expendi-
tures,  as  amended  by section 8 of part B of chapter 57 of the laws of
2015, is amended to read as follows:
  1. For state fiscal years 2011-12 through 2016-17, the director of the
budget, in consultation with the commissioner of  health  referenced  as
"commissioner"  for  purposes of this section, shall assess on a monthly
basis, as reflected in monthly reports pursuant to subdivision  five  of
this  section known and projected department of health state funds medi-
caid expenditures by category of service and by geographic  regions,  as
defined  by  the  commissioner, and if the director of the budget deter-
mines that such expenditures are expected to  cause  medicaid  disburse-
ments for such period to exceed the projected department of health medi-
caid  state  funds  disbursements  in  the enacted budget financial plan
pursuant to subdivision 3 of section 23 of the state  finance  law,  the
commissioner of health, in consultation with the director of the budget,
shall  develop a medicaid savings allocation plan to limit such spending
to the aggregate limit level specified in the enacted  budget  financial
plan,  provided, however, such projections may be adjusted by the direc-
tor of the budget to account for any  changes  in  the  New  York  state
federal medical assistance percentage amount established pursuant to the
federal social security act, changes in provider revenues, reductions to
local  social services district medical assistance administration, MINI-
MUM WAGE INCREASES, and beginning April 1, 2012 the operational costs of
the New York state medical indemnity fund and  state  costs  or  savings
from  the  basic  health plan.   Such projections may be adjusted by the
director of the budget to account for increased or expedited  department
of  health state funds medicaid expenditures as a result of a natural or
other type of disaster, including a governmental declaration of emergen-
cy.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2016.
                                 PART KK
S. 6406--C                         75                         A. 9006--C
  Section  1. Subdivision d of section 14-150 of the administrative code
of the city of New York, as added by chapter 565 of the laws of 2015, is
amended to read as follows:
  d.  The New York city police department shall submit to the city coun-
cil, THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE STATE SENATE  AND  THE
SPEAKER  OF  THE  STATE  ASSEMBLY  annually a report detailing the total
number of criminal complaints  and  arrests,  categorized  by  class  of
crime,  for  violent  felony offenses as defined in section 70.02 of the
penal law, assault and  related  offenses  as  defined  in  article  one
hundred  twenty of the penal law, sex offenses as defined in article one
hundred thirty of the  penal  law,  disorderly  conduct  as  defined  in
section 240.20 of the penal law, harassment as defined in section 240.25
and 240.26 of the penal law, aggravated harassment as defined in section
240.30  and  240.31 of the penal law, and offenses against public sensi-
bilities as defined in article two hundred forty-five of the penal  law,
where  the conduct occurs on subway lines and bus routes operated by the
New York city transit authority or the Staten Island rapid transit oper-
ating authority, specifying where such criminal conduct has occurred  by
police  precinct,  including  specific subway line, subway transit divi-
sion, and bus route operated by the New York city transit  authority  or
the  Staten  Island rapid transit operating authority. Such report shall
contain a separate tabulation for employees of the authority, passengers
and other non-employees. SUCH REPORT SHALL SPECIFY WHICH BUS ROUTES  HAD
THE  GREATEST NUMBER OF CRIMINAL COMPLAINTS AND ARRESTS. Such statistics
shall be tabulated on a monthly basis and on an annual basis  and  shall
be  maintained and transmitted in an electronic format to the department
of records and information services, or its  successor  agency,  and  be
made available to the public on or through the department of records and
information  services' website, or its successor's website. Such statis-
tics shall be first made available on such website ninety days after the
effective date of this subdivision and shall be updated on  at  least  a
monthly basis thereafter.
  S 2. This act shall take effect immediately.
                                 PART LL
  Section  1.  The  state finance law is amended by adding a new section
99-y to read as follows:
  S 99-Y. HEALTH REPUBLIC INSURANCE OF NEW YORK FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE SUPER-
INTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES A SPECIAL FUND  TO  BE
KNOWN AS THE "HEALTH REPUBLIC INSURANCE OF NEW YORK FUND".
  2.  (A)  SUCH  FUND  SHALL  CONSIST  OF TRANSFERS AS AUTHORIZED BY THE
DIRECTOR OF THE BUDGET, IN HIS OR HER  SOLE  DISCRETION,  BETWEEN  APRIL
FIRST,  TWO  THOUSAND SIXTEEN AND MARCH THIRTY-FIRST, TWO THOUSAND NINE-
TEEN, FROM AMOUNTS COLLECTED AS A RESULT OF  A  JUDGEMENT,  STIPULATION,
DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE, OR OTHER LEGAL
INSTRUMENT  RESOLVING  ANY  CLAIM  OR  CAUSE OF ACTION, WHETHER FILED OR
UNFILED, ACTUAL OR POTENTIAL, AND  WHETHER  ARISING  UNDER  COMMON  LAW,
EQUITY,  OR  ANY  PROVISION  OF  LAW, AND ALL OTHER MONIES APPROPRIATED,
CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE  PURSUANT
TO LAW.
  (B)  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT APPLY TO: (I) MONEYS
TO BE DISTRIBUTED TO THE FEDERAL GOVERNMENT, TO A LOCAL  GOVERNMENT,  OR
TO  ANY  HOLDER  OF A BOND OR OTHER DEBT INSTRUMENT ISSUED BY THE STATE,
ANY PUBLIC AUTHORITY, OR ANY PUBLIC BENEFIT CORPORATION; (II) MONEYS  TO
S. 6406--C                         76                         A. 9006--C
BE DISTRIBUTED SOLELY OR EXCLUSIVELY AS A PAYMENT OF DAMAGES OR RESTITU-
TION TO INDIVIDUALS OR ENTITIES THAT WERE SPECIFICALLY INJURED OR HARMED
BY  THE  DEFENDANT'S OR SETTLING PARTY'S CONDUCT AND THAT ARE IDENTIFIED
IN,  OR CAN BE IDENTIFIED BY THE TERMS OF, THE RELEVANT JUDGMENT, AGREE-
MENT TO SETTLE, ASSURANCE  OF  DISCONTINUANCE,  OR  RELEVANT  INSTRUMENT
RESOLVING  THE  CLAIM  OR  CAUSE  OF  ACTION;  (III) MONEYS RECOVERED OR
OBTAINED BY A STATE AGENCY OR A STATE OFFICIAL  OR  EMPLOYEE  ACTING  IN
THEIR  OFFICIAL  CAPACITY  WHERE  APPLICATION  OF  PARAGRAPH (A) OF THIS
SUBDIVISION IS PROHIBITED BY FEDERAL LAW, RULE, OR REGULATION, OR  WOULD
RESULT  IN  THE  REDUCTION  OR  LOSS OF FEDERAL FUNDS OR ELIGIBILITY FOR
FEDERAL BENEFITS PURSUANT TO FEDERAL  LAW,  RULE,  OR  REGULATION;  (IV)
MONEYS  RECOVERED  OR  OBTAINED BY OR ON BEHALF OF A PUBLIC AUTHORITY, A
PUBLIC BENEFIT CORPORATION, THE DEPARTMENT OF TAXATION AND FINANCE,  THE
WORKERS'  COMPENSATION  BOARD,  THE  NEW  YORK  STATE  HIGHER  EDUCATION
SERVICES CORPORATION, THE TOBACCO SETTLEMENT  FINANCING  CORPORATION,  A
STATE  OR  LOCAL  RETIREMENT  SYSTEM, AN EMPLOYEE HEALTH BENEFIT PROGRAM
ADMINISTERED BY THE NEW YORK STATE  DEPARTMENT  OF  CIVIL  SERVICE,  THE
TITLE  IV-D  CHILD  SUPPORT  FUND, THE LOTTERY PRIZE FUND, THE ABANDONED
PROPERTY FUND, OR AN ENDOWMENT OF THE STATE UNIVERSITY OF  NEW  YORK  OR
ANY  UNIT  THEREOF  OR ANY STATE AGENCY, PROVIDED THAT ALL OF THE MONEYS
RECEIVED OR RECOVERED ARE IMMEDIATELY TRANSFERRED TO THE RELEVANT PUBLIC
AUTHORITY, PUBLIC BENEFIT CORPORATION,  DEPARTMENT,  FUND,  PROGRAM,  OR
ENDOWMENT;  (V)  MONEYS TO BE REFUNDED TO AN INDIVIDUAL OR ENTITY AS (1)
AN OVERPAYMENT OF A TAX, FINE, PENALTY,  FEE,  INSURANCE  PREMIUM,  LOAN
PAYMENT,  CHARGE  OR  SURCHARGE; (2) A RETURN OF SEIZED ASSETS; OR (3) A
PAYMENT MADE IN ERROR; AND (VI) MONEYS TO BE  USED  TO  PREVENT,  ABATE,
RESTORE,  MITIGATE,  OR  CONTROL  ANY  IDENTIFIABLE INSTANCE OF PRIOR OR
ONGOING WATER, LAND OR AIR POLLUTION.
  3. MONIES SHALL BE PAID OUT OF THIS FUND  AT  THE  DISCRETION  OF  THE
SUPERINTENDENT  OF THE DEPARTMENT OF FINANCIAL SERVICES ONLY PURSUANT TO
APPROPRIATION AND THE TERMS TO BE SET FORTH IN A FUTURE CHAPTER OF LAW.
  4. MONIES SHALL BE PAID OUT OF THIS FUND ONLY AFTER  THE  DISTRIBUTION
OF  ALL  ASSETS  IN  CONNECTION  WITH A LIQUIDATION PROCEEDING OF HEALTH
REPUBLIC INSURANCE OF NEW YORK FILED PURSUANT TO ARTICLE SEVENTY-FOUR OF
THE INSURANCE LAW HAS BEEN COMPLETED.
  5. MONIES SHALL BE PAID OUT OF THIS FUND ON THE AUDIT AND  WARRANT  OF
THE  STATE  COMPTROLLER  ON VOUCHERS CERTIFIED OR APPROVED BY THE SUPER-
INTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES.
  S 2. This act shall take effect immediately.
                                 PART MM
  Section 1. Notwithstanding any law to the contrary,  the  responsibil-
ities,  duties and functions, pursuant to subdivision 2 of section 70 of
the civil service law, of the intelligence  and  analysis  unit  of  the
office  of counterterrorism within the division of homeland security and
emergency services shall be transferred to the division of state police.
  S 2. Paragraphs (f) and (g) of subdivision 2 of  section  709  of  the
executive  law,  as amended by section 14 of part B of chapter 56 of the
laws of 2010, are amended to read as follows:
  (f) coordinate state resources for  the  collection  and  analysis  of
information  relating to [terrorist threats and terrorist activities and
other] natural and man-made disasters throughout the  state  subject  to
any applicable laws, rules, or regulations;
  (g)  coordinate and facilitate information sharing among local, state,
and federal [law enforcement] agencies to  ensure  appropriate  intelli-
S. 6406--C                         77                         A. 9006--C
gence  to  assist in the early identification of and response to [poten-
tial terrorist activities and other]  natural  and  man-made  disasters,
subject  to  any  applicable  laws,  rules, or regulations governing the
release, disclosure or sharing of any such information;
  S  3.  Section 709-a of the executive law, as added by section 15-a of
part B of chapter 56 of the laws of 2010, is amended to read as follows:
  S 709-a. Office of counterterrorism. The  office  of  counterterrorism
shall develop and analyze the state's policies, protocols and strategies
relating to the prevention and detection of terrorist acts and terrorist
threats. The office shall also be responsible for [the collection, anal-
ysis  and  sharing  of  information  relating  to  terrorist threats and
terrorist activities throughout  the  state;]  coordinating  strategies,
protocols  and  first  responder equipment needs to detect a biological,
chemical or radiological terrorist act or threat; working  with  private
entities and local, state and federal agencies to conduct assessments of
the  vulnerability  of  critical infrastructure to terrorist attack; and
consulting with appropriate state  and  local  governments  and  private
entities  to  facilitate  and  foster  cooperation to better prepare the
state to prevent and detect threats and acts of terrorism.
  S 3-a. Section 223 of the executive law, as amended by chapter 428  of
the laws of 1999, is amended to read as follows:
  S  223. Duties and powers of the superintendent of state police and of
members of the state police. 1. It shall be the duty of the  superinten-
dent  of  the state police and of members of the state police to prevent
and detect crime and apprehend criminals. They shall also be subject  to
the  call of the governor and are empowered to co-operate with any other
department of the state or with local  authorities.    THEY  SHALL  ALSO
COLLECT  AND ANALYZE INFORMATION RELATING TO PREVENTION AND DETECTION OF
TERRORIST THREATS AND TERRORIST  ACTIVITIES  THROUGHOUT  THE  STATE  AND
SHARE  ALL  SUCH INFORMATION SUBJECT TO PARAGRAPH (G) OF SUBDIVISION TWO
OF SECTION SEVEN HUNDRED NINE OF THIS  CHAPTER  AMONG  THE  DIVISION  OF
HOMELAND  SECURITY AND EMERGENCY SERVICES, AND LOCAL, STATE, AND FEDERAL
LAW ENFORCEMENT AGENCIES  TO  ENSURE  THE  COORDINATION  OF  APPROPRIATE
INTELLIGENCE  TO  ASSIST  IN THE EARLY IDENTIFICATION OF AND RESPONSE TO
POTENTIAL TERRORIST THREATS AND TERRORIST ACTIVITIES.  They  shall  have
power  to arrest, without a warrant, any person committing or attempting
to commit within their presence or view a breach of the peace  or  other
violation  of  law,  to  serve  and execute warrants of arrest or search
issued by proper authority and to exercise all other  powers  of  police
officers  of  the  state  of  New  York. Any such warrants issued by any
magistrate of the state may be executed by them in any part of the state
according to the tenor thereof without indorsement. But they  shall  not
exercise  their powers within the limits of any city to suppress rioting
and disorder except by direction of the governor or upon the request  of
the  mayor  of the city with the approval of the governor. Any member of
the rank of sergeant or above may take  pre-arraignment  bail  from  any
defendant in the amounts and under the circumstances and conditions that
police may take bail.
  2.  The superintendent may, by written order, designate a police offi-
cer, as defined in paragraph (b), (c) or (d) of subdivision  thirty-four
of  section 1.20 of the criminal procedure law, to assist members of the
state police in order to more effectively address the detection of crime
and apprehension of criminals  within  the  state  and  its  localities.
Police  officers  so  designated,  while actively working in conjunction
with members of the state police either directly or as part of a specif-
ic task force, shall be paid by and remain employees of their particular
S. 6406--C                         78                         A. 9006--C
county, city, town or village, but shall for purposes  of  the  criminal
procedure law, have their geographic area of employment deemed to be New
York state.
  S  3-b. Section 223 of the executive law, as amended by chapter 843 of
the laws of 1980, is amended to read as follows:
  S 223. Duties and powers of the superintendent of state police and  of
members  of the state police. It shall be the duty of the superintendent
of the state police and of members of the state police  to  prevent  and
detect  crime and apprehend criminals. They shall also be subject to the
call of the governor and are empowered  to  co-operate  with  any  other
department  of  the  state  or with local authorities.   THEY SHALL ALSO
COLLECT AND ANALYZE INFORMATION RELATING TO PREVENTION AND DETECTION  OF
TERRORIST  THREATS  AND  TERRORIST  ACTIVITIES  THROUGHOUT THE STATE AND
SHARE ALL SUCH INFORMATION SUBJECT TO PARAGRAPH (G) OF  SUBDIVISION  TWO
OF  SECTION  SEVEN  HUNDRED  NINE  OF THIS CHAPTER AMONG THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES AND LOCAL, STATE,  AND  FEDERAL
LAW  ENFORCEMENT  AGENCIES  TO  ENSURE  THE  COORDINATION OF APPROPRIATE
INTELLIGENCE TO ASSIST IN THE EARLY IDENTIFICATION OF  AND  RESPONSE  TO
POTENTIAL  TERRORIST  THREATS  AND TERRORIST ACTIVITIES. They shall have
power to arrest, without a warrant, any person committing or  attempting
to  commit  within their presence or view a breach of the peace or other
violation of law, to serve and execute  warrants  of  arrest  or  search
issued  by  proper  authority and to exercise all other powers of police
officers of the state of New York.  Any  such  warrants  issued  by  any
magistrate of the state may be executed by them in any part of the state
according  to  the tenor thereof without indorsement. But they shall not
exercise their powers within the limits of any city to suppress  rioting
and  disorder except by direction of the governor or upon the request of
the mayor of the city with the approval of the governor. Any  member  of
the  rank  of  sergeant  or above may take pre-arraignment bail from any
defendant in the amounts and under the circumstances and conditions that
police may take bail.
  S 4. 1. Transfer of records. Upon the transfer of functions,  pursuant
to  section one of this act, the division of homeland security and emer-
gency services shall deliver to the division of state police, all perti-
nent books, papers, records and property.
  2. Existing rights and remedies preserved. No existing right or remedy
of any character shall be lost, impaired or affected by reason  of  this
act.
  3. Pending actions and proceedings. No action or proceeding pending at
the  time  when  this  act  shall take effect, brought by or against the
division of homeland security and emergency  services  relating  to  the
function,  power or duty transferred to or devolved upon the division of
state police shall be affected by this act, but the same may  be  prose-
cuted  or  defended in the name of the division of state police and upon
the application to the court, the division  of  state  police  shall  be
substituted as a party.
  4.  Completion  of  unfinished  business. Any business or other matter
undertaken or commenced by the division of homeland security  and  emer-
gency  services  pertaining  to or connected with the functions, powers,
obligations and duties transferred and assigned to the division of state
police, pending on the effective date of this act, may be conducted  and
completed  by  the division of state police in the same manner and under
the same terms and conditions and with the same effect as  if  conducted
and  completed  by  the  division  of  homeland  security  and emergency
services.
S. 6406--C                         79                         A. 9006--C
  S 5. This act shall take effect immediately; provided,  however,  that
the  amendments  to  section  223  of  the executive law made by section
three-a of this act shall be subject to the expiration and reversion  of
such  section  pursuant to section 3 of chapter 428 of the laws of 1999,
as  amended,  when  upon  such date the provisions of section three-b of
this act shall take effect.
                                 PART NN
  Section 1. This act commits the state of New York (state) and the city
of New York (city) to fund, over a multi-year period, $10,828,000,000 in
capital costs related to projects contained in the  Metropolitan  Trans-
portation  Authority  (MTA) 2015-2019 capital program (capital program).
The state share of $8,336,000,000 shall  consist  of  $1,000,000,000  in
appropriations  first  enacted  in  the 2015-2016 state budget and addi-
tional funds sufficient for Metropolitan Transportation Authority  (MTA)
to  pay  $7,336,000,000  of  capital  costs as provided herein. The city
share of $2,492,000,000 shall consist of $657,000,000 to be provided  by
the city from 2015 through 2019, and additional funds sufficient for MTA
to  pay  $1,835,000,000  of  capital  costs for the capital program. The
$7,336,000,000 of additional funds to be provided by the  state  may  be
used  by  the  MTA to pay direct capital costs and/or the state may fund
such $7,336,000,000 of capital costs through financing mechanisms under-
taken by the MTA.  Unless extraordinary circumstances justify otherwise,
it is intended that the additional funds committed by the state and city
shall be provided concurrently, and  in  proportion  to  the  respective
shares  of  each,  in  accordance  with the funding needs of the capital
program.
  S 2.   (a) The additional funds provided  by  the  state  pursuant  to
section one of this act shall be scheduled and made available to pay for
the costs of the capital program after MTA capital resources planned for
the capital program, not including additional city and state funds, have
been  exhausted,  or  when MTA capital resources planned for the capital
program are not available. It is anticipated that state funds  shall  be
required  by,  and  provided  to,  the  MTA  in  an  amount  to  support
$1,500,000,000 of capital costs in the first year in which  planned  MTA
capital  resources  are  exhausted;  $2,600,000,000  in the second year;
$1,840,000,000 in the third year and $1,396,000,000 in the  fourth  year
or thereafter.
  (b) Such funds may be provided to the MTA through direct payments from
the  state  and/or  financing mechanisms undertaken by the MTA utilizing
aid paid by the state on a schedule sufficient to  support  the  capital
costs outlined in this act.  The director of the budget (director) shall
annually  determine  the  level  of funding required to meet the state's
commitment and recommend such amounts for  inclusion  in  the  executive
budget.  In  making  such determination, the director shall consider the
availability of MTA capital resources planned for the  capital  program,
the  current progress and timing of the MTA capital program, the financ-
ing mechanisms employed by the MTA, if  any,  and  any  other  pertinent
factors.
  (c) State funding amounts, whether direct or in support of a financing
mechanism undertaken by the MTA, shall be subject to appropriation with-
in applicable annual state budgets; provided, however, that in the event
the  state  does not appropriate the full amount of the funding required
pursuant to this act in any year,  such  action  shall  not  reduce  the
commitment  of  the  state  to  fund  the  full state share specified in
S. 6406--C                         80                         A. 9006--C
section one of this act, with the state fulfilling its aggregate commit-
ment in this act no later than state fiscal year  2025-2026  or  by  the
completion  of  the  capital  program.  In  the  event  that the MTA has
exhausted  all currently available sources of funding, the MTA may, with
the approval of the director, issue anticipation notes  or  other  obli-
gations  secured solely by the additional funds specified in subdivision
(a) of this section and shall provide for capitalized interest thereon.
  (d) No funds dedicated for operating assistance of the  MTA  shall  be
used  to  reduce  or  supplant  the  commitment  of the state to provide
$7,336,000,000 pursuant to section one of this act.
  S 3. In order to annually determine the adequacy and pace of the level
of state funding in support of the MTA's capital program, and  to  gauge
the  availability  of  MTA  capital  resources  planned  for the capital
program, the director may request, and the MTA shall  provide,  periodic
reports on the MTA's capital programs and financial activities in a form
and on a schedule prescribed by the director.
  S  4. Subdivision 12 of section 1269 of the public authorities law, as
amended by section 1 of part E of chapter 58 of the  laws  of  2012,  is
amended to read as follows:
  12.  The  aggregate  principal  amount  of bonds, notes or other obli-
gations issued after the first day of January, nineteen hundred  ninety-
three  by  the authority, the Triborough bridge and tunnel authority and
the New York city transit authority to fund projects contained in  capi-
tal  program  plans  approved  pursuant to section twelve hundred sixty-
nine-b of this title for the period nineteen hundred ninety-two  through
two  thousand [fourteen] NINETEEN shall not exceed [thirty-seven] FIFTY-
FIVE billion [two hundred  eleven]  FOUR  HUNDRED  NINETY-SEVEN  million
dollars  [prior  to January one, two thousand thirteen; shall not exceed
thirty-nine billion five hundred forty-four  million  prior  to  January
one, two thousand fourteen; and shall not exceed forty-one billion eight
hundred seventy-seven million dollars thereafter].  Such aggregate prin-
cipal  amount  of  bonds,  notes or other obligations or the expenditure
thereof shall not be subject to any limitation contained  in  any  other
provision  of law on the principal amount of bonds, notes or other obli-
gations or the expenditure thereof  applicable  to  the  authority,  the
Triborough  bridge  and  tunnel  authority  or the New York city transit
authority. The aggregate  limitation  established  by  this  subdivision
shall  not include (i) obligations issued to refund, redeem or otherwise
repay, including by purchase or tender, obligations  theretofore  issued
either  by the issuer of such refunding obligations or by the authority,
the New York city transit authority or the Triborough bridge and  tunnel
authority,  (ii)  obligations  issued  to fund any debt service or other
reserve funds for such obligations, (iii) obligations issued or incurred
to fund the costs of issuance, the payment  of  amounts  required  under
bond  and note facilities, federal or other governmental loans, security
or credit arrangements or  other  agreements  related  thereto  and  the
payment  of  other  financing, ORIGINAL ISSUE PREMIUMS and related costs
associated with such obligations, (iv) an amount equal to  any  original
issue  discount from the principal amount of such obligations or to fund
capitalized interest,  (v)  obligations  incurred  pursuant  to  section
twelve  hundred  seven-m  of  this article, (vi) obligations incurred to
fund the acquisition of certain buses for  the  New  York  city  transit
authority  as  identified in a capital program plan approved pursuant to
chapter fifty-three of the laws of nineteen  hundred  ninety-two,  (vii)
obligations  incurred  in connection with the leasing, selling or trans-
ferring of equipment, and (viii) bond anticipation notes or other  obli-
S. 6406--C                         81                         A. 9006--C
gations  payable solely from the proceeds of other bonds, notes or other
obligations which would be included in the  aggregate  principal  amount
specified  in  the  first  sentence  of this subdivision, whether or not
additionally secured by revenues of the authority, or any of its subsid-
iary  corporations,  New  York  city  transit  authority,  or any of its
subsidiary corporations, or Triborough bridge and tunnel authority.
  S 5. This act commits the state to obligate at  least  $25,150,000,000
in  funding for the department of transportation (DOT) capital plan over
a multi-year period. This commitment shall consist of $3,763,341,000  in
obligations  for  fiscal  year  2016,  at least $17,402,562,000 in obli-
gations over the course of the remaining four years of the fiscal  years
2016-2020  DOT  capital plan, and at least $3,985,042,000 in obligations
in fiscal year 2021. All such obligations shall  be  subject  to  annual
appropriation and approval by the director of the budget.
  S  6.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.
                                 PART OO
  Section 1. Subdivision 7 of section 1209  of  the  public  authorities
law,  as  amended by chapter 334 of the laws of 2001, is amended to read
as follows:
  7. (a) Except as otherwise provided  in  this  section,  all  purchase
contracts  for  supplies,  materials or equipment involving an estimated
expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and  all
contracts  for  public work involving an estimated expenditure in excess
of [twenty-five] ONE HUNDRED thousand dollars shall be  awarded  by  the
authority  to  the lowest responsible bidder after obtaining sealed bids
in the manner hereinafter set forth. The aforesaid shall  not  apply  to
contracts for personal, architectural, engineering or other professional
services.  The  authority may reject all bids and obtain new bids in the
manner provided by this section when it is deemed in the public interest
to do so or, in cases where two or more responsible bidders submit iden-
tical bids which are the lowest bids, award the contract to any of  such
bidders or obtain new bids from such bidders. Nothing herein shall obli-
gate the authority to seek new bids after the rejection of bids or after
cancellation  of  an  invitation  to  bid. Nothing in this section shall
prohibit the evaluation of bids on the basis of costs or savings includ-
ing life cycle costs  of  the  item  to  be  purchased,  discounts,  and
inspection  services  so  long  as the invitation to bid reasonably sets
forth the criteria to be used in evaluating such costs or savings.  Life
cycle  costs  may  include  but shall not be limited to costs or savings
associated with installation, energy  use,  maintenance,  operation  and
salvage or disposal.
  (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
apply to the authority's acquisition of goods or services of  any  kind,
in  the  actual or estimated amount of fifteen thousand dollars or more,
provided that (I) a contract for [personal] services in  the  actual  or
estimated  amount  of  less  than  [twenty] ONE HUNDRED thousand dollars
shall not require approval by the board of the authority  regardless  of
the  length  of  the  period  over  which the services are rendered, and
provided further that a contract for [personal] services in  the  actual
or  estimated  amount  of  [twenty] ONE HUNDRED thousand dollars or more
shall require approval by the board of the authority regardless  of  the
length  of the period over which the services are rendered UNLESS SUCH A
CONTRACT IS AWARDED TO THE LOWEST  RESPONSIBLE  BIDDER  AFTER  OBTAINING
S. 6406--C                         82                         A. 9006--C
SEALED  BIDS AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT
GUIDELINES THAT AUTHORIZE THE  AWARD  OF  CONTRACTS  TO  SMALL  BUSINESS
CONCERNS,  TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU-
ANT  TO  ARTICLE  SEVENTEEN-B  OF  THE  EXECUTIVE  LAW,  OR  MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A
OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY-
CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND
DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT  FURTHER  BOARD
APPROVAL.  THE BOARD OF THE AUTHORITY SHALL ADOPT GUIDELINES WHICH SHALL
BE  MADE  PUBLICLY AVAILABLE FOR THE AWARDING OF SUCH CONTRACT WITHOUT A
FORMAL COMPETITIVE PROCESS.
  S 2. Intentionally omitted.
  S 3. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph
g of subdivision 9 of  section  1209  of  the  public  authorities  law,
subparagraph  (i)  of paragraph f as added by chapter 929 of the laws of
1986, and subparagraph (i) of paragraph g as amended by chapter  725  of
the laws of 1993, are amended to read as follows:
  (i)  [The]  EXCEPT  FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION
DOLLARS OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPO-
SER WHOSE PROPOSAL IS  THE  LOWEST  COST,  THE  authority  may  award  a
contract  pursuant to this paragraph only after a resolution approved by
a two-thirds vote of its members then in office at a public  meeting  of
the  authority  with  such resolution (A) disclosing the other proposers
and the substance of their proposals, (B)  summarizing  the  negotiation
process  including  the opportunities, if any, available to proposers to
present and modify their proposals, and (C) setting forth  the  criteria
upon  which the selection was made PROVIDED HOWEVER THAT FOR PURPOSES OF
THIS SUBPARAGRAPH THE BOARD MAY,  AT  ITS  DISCRETION,  REQUIRE  SUCH  A
RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF ONE HUNDRED MILLION
DOLLARS OR LESS.
  (i)  [The]  EXCEPT  FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION
DOLLARS OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPO-
SER WHOSE PROPOSAL IS  THE  LOWEST  COST,  THE  authority  may  award  a
contract  pursuant to this paragraph only after a resolution approved by
a vote of not less than two-thirds of its members then in  office  at  a
public  meeting of the authority with such resolution (A) disclosing the
other proposers and the substance of their  proposals,  (B)  summarizing
the  negotiation  process including the opportunities, if any, available
to proposers to present and modify  their  proposals,  and  (C)  setting
forth  the  criteria  upon which the selection was made PROVIDED HOWEVER
THAT FOR PURPOSES OF THIS SUBPARAGRAPH THE BOARD MAY, AT ITS DISCRETION,
REQUIRE SUCH A RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF  ONE
HUNDRED MILLION DOLLARS OR LESS.
  S  4.  Subdivision 13 of section 1209 of the public authorities law is
renumbered subdivision 14 and a new subdivision 13 is added to  read  as
follows:
  13. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORI-
TY SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM FOR THE PURCHASE
OF  GOODS,  MATERIALS,  AND  COMMODITIES THAT MAY INFORM BIDDERS WHETHER
THEIR BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO SUBMIT  NEW  BIDS
BEFORE  THE  DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCE-
DURE SHALL NOT CONSTITUTE DISCLOSURE OF BIDS  IN  VIOLATION  OF  SECTION
TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
  S  5.  Subdivision 7 of section 1265 of the public authorities law, as
added by chapter 324 of the laws of 1965, is amended to read as follows:
S. 6406--C                         83                         A. 9006--C
  7. To acquire, hold and dispose of real or personal  property  in  the
exercise  of  its powers[;], INCLUDING, THE POWER TO DISPOSE OF PERSONAL
PROPERTY WITH A VALUE OF FIVE HUNDRED THOUSAND DOLLARS OR LESS BY PUBLIC
AUCTION IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE AUTHORITY  PURSUANT
TO  TITLE  FIVE-A OF ARTICLE NINE OF THIS CHAPTER. THE BOARD SHALL ADOPT
GUIDELINES THAT SHALL PROVIDE FOR ADVERTISING AND SUCH OTHER  SAFEGUARDS
AS THE AUTHORITY MAY DEEM APPROPRIATE IN THE PUBLIC INTEREST.
  S  6.  Subdivision 3 of section 1204 of the public authorities law, as
amended by chapter 980 of the laws  of  1958,  is  amended  to  read  as
follows:
  3.  To  acquire,  hold,  use  and  dispose  of  equipment, devices and
appurtenances, and other property for its corporate purposes, INCLUDING,
THE POWER TO DISPOSE OF PERSONAL PROPERTY WITH A VALUE OF  FIVE  HUNDRED
THOUSAND DOLLARS OR LESS BY PUBLIC AUCTION IN ACCORDANCE WITH GUIDELINES
ADOPTED BY THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO SECTION
TWELVE  HUNDRED  SIXTY-FIVE  OF THIS ARTICLE AND TITLE FIVE-A OF ARTICLE
NINE OF THIS CHAPTER.
  S 7. Subdivision 3 of section 553 of the  public  authorities  law  is
amended to read as follows:
  3. To acquire, hold and dispose of personal property for its corporate
purposes[;], INCLUDING, THE POWER TO DISPOSE OF PERSONAL PROPERTY WITH A
VALUE  OF  FIVE  HUNDRED  THOUSAND  DOLLARS OR LESS BY PUBLIC AUCTION IN
ACCORDANCE WITH GUIDELINES ADOPTED BY THE AUTHORITY  PURSUANT  TO  TITLE
FIVE-A  OF  ARTICLE  NINE OF THIS CHAPTER.  THE BOARD SHALL ADOPT GUIDE-
LINES THAT SHALL PROVIDE FOR ADVERTISING AND SUCH  OTHER  SAFEGUARDS  AS
THE AUTHORITY MAY DEEM APPROPRIATE IN THE PUBLIC INTEREST.
  S  8. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of the
public authorities law, as amended by chapter 334 of the laws  of  2001,
are amended to read as follows:
  (a)  Except  as  otherwise  provided  in  this  section,  all purchase
contracts for supplies, materials or equipment  involving  an  estimated
expenditure  in excess of [fifteen] ONE HUNDRED thousand dollars and all
contracts for public work involving an estimated expenditure  in  excess
of  [twenty-five]  ONE  HUNDRED thousand dollars shall be awarded by the
authority to the lowest responsible bidder after obtaining  sealed  bids
in  the manner hereinafter set forth. For purposes hereof, contracts for
public work shall exclude contracts for personal, engineering and archi-
tectural, or professional services. The authority may  reject  all  bids
and  obtain  new  bids in the manner provided by this section when it is
deemed in the public interest to do so or, in cases where  two  or  more
responsible  bidders  submit  identical  bids which are the lowest bids,
award the contract to any of such bidders or obtain new bids  from  such
bidders.  Nothing  herein  shall obligate the authority to seek new bids
after the rejection of bids or after cancellation of  an  invitation  to
bid.  Nothing  in  this section shall prohibit the evaluation of bids on
the basis of costs or savings including life cycle costs of the item  to
be  purchased, discounts, and inspection services so long as the invita-
tion to bid reasonably sets forth the criteria to be used in  evaluating
such  costs  or  savings.  Life cycle costs may include but shall not be
limited to costs or savings associated with  installation,  energy  use,
maintenance, operation and salvage or disposal.
  (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
apply to the authority's acquisition of goods or services of  any  kind,
in  the  actual or estimated amount of fifteen thousand dollars or more,
provided (I) that a contract for [personal] services in  the  actual  or
estimated  amount  of  less  than  [twenty] ONE HUNDRED thousand dollars
S. 6406--C                         84                         A. 9006--C
shall not require approval by the board of the authority  regardless  of
the  length  of  the  period  over  which the services are rendered, and
provided further that a contract for [personal] services in  the  actual
or  estimated  amount  of  [twenty] ONE HUNDRED thousand dollars or more
shall require approval by the board of the authority regardless  of  the
length  of the period over which the services are rendered UNLESS SUCH A
CONTRACT IS AWARDED TO THE LOWEST  RESPONSIBLE  BIDDER  AFTER  OBTAINING
SEALED BIDS, AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT
GUIDELINES  THAT  AUTHORIZE  THE  AWARD  OF  CONTRACTS TO SMALL BUSINESS
CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED  PURSU-
ANT  TO  ARTICLE  SEVENTEEN-B  OF  THE  EXECUTIVE  LAW,  OR  MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A
OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY-
CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND
DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT  FURTHER  BOARD
APPROVAL.  THE BOARD OF THE AUTHORITY SHALL ADOPT GUIDELINES WHICH SHALL
BE  MADE  PUBLICLY AVAILABLE FOR THE AWARDING OF SUCH CONTRACT WITHOUT A
FORMAL COMPETITIVE PROCESS.
  S 9. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph
g of subdivision 4 of section 1265-a  of  the  public  authorities  law,
subparagraph  (i)  of paragraph f as added by chapter 929 of the laws of
1986, and subparagraph (i) of paragraph g as amended by chapter  256  of
the laws of 1998, are amended to read as follows:
  (i)  [The]  EXCEPT  FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION
DOLLARS OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPO-
SER WHOSE PROPOSAL IS  THE  LOWEST  COST,  THE  authority  may  award  a
contract  pursuant to this paragraph only after a resolution approved by
a two-thirds vote of its members then in office at a public  meeting  of
the  authority  with  such resolution (A) disclosing the other proposers
and the substance of their proposals, (B)  summarizing  the  negotiation
process  including  the opportunities, if any, available to proposers to
present and modify their proposals, and (C) setting forth  the  criteria
upon  which the selection was made PROVIDED HOWEVER THAT FOR PURPOSES OF
THIS SUBPARAGRAPH THE BOARD MAY,  AT  ITS  DISCRETION,  REQUIRE  SUCH  A
RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF ONE HUNDRED MILLION
DOLLARS OR LESS.
  (i)  [The]  EXCEPT  FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION
DOLLARS OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPO-
SER WHOSE PROPOSAL IS  THE  LOWEST  COST,  THE  authority  may  award  a
contract  pursuant to this paragraph only after a resolution approved by
a vote of not less than a two-thirds vote of its members then in  office
at a public meeting of the authority with such resolution (A) disclosing
the  other proposers and the substance of their proposals, (B) summariz-
ing the negotiation process including the opportunities, if any,  avail-
able to proposers to present and modify their proposals, and (C) setting
forth  the  criteria  upon which the selection was made PROVIDED HOWEVER
THAT FOR PURPOSES OF THIS SUBPARAGRAPH THE BOARD MAY, AT ITS DISCRETION,
REQUIRE SUCH A RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF  ONE
HUNDRED MILLION DOLLARS OR LESS.
  S 10. Intentionally omitted.
  S 11. Subdivision 8 of section 1265-a of the public authorities law is
renumbered  subdivision  9  and  a new subdivision 8 is added to read as
follows:
  8. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORITY
SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM FOR THE PURCHASE OF
GOODS, MATERIALS, AND COMMODITIES THAT MAY INFORM BIDDERS WHETHER  THEIR
S. 6406--C                         85                         A. 9006--C
BID  IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO SUBMIT NEW BIDS BEFORE
THE DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCEDURE SHALL
NOT CONSTITUTE DISCLOSURE OF BIDS IN VIOLATION OF  SECTION  TWENTY-EIGHT
HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
  S 12. Section 553 of the public authorities law is amended by adding a
new subdivision 22 to read as follows:
  22.  SECTION  TWENTY-EIGHT  HUNDRED SEVENTY-NINE OF THIS CHAPTER SHALL
APPLY TO THE AUTHORITY'S ACQUISITION OF GOODS OR SERVICES OF  ANY  KIND,
IN  THE  ACTUAL OR ESTIMATED AMOUNT OF FIFTEEN THOUSAND DOLLARS OR MORE,
PROVIDED THAT (I) A CONTRACT FOR SERVICES IN  THE  ACTUAL  OR  ESTIMATED
AMOUNT  OF  LESS  THAN  ONE  HUNDRED  THOUSAND DOLLARS SHALL NOT REQUIRE
APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH  OF  THE
PERIOD OVER WHICH THE SERVICES ARE RENDERED, AND PROVIDED FURTHER THAT A
CONTRACT  FOR  SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF ONE HUNDRED
THOUSAND DOLLARS OR MORE SHALL REQUIRE APPROVAL  BY  THE  BOARD  OF  THE
AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH THE SERVICES
ARE RENDERED UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE
BIDDER  AFTER  OBTAINING SEALED BIDS AND (II) THE BOARD OF THE AUTHORITY
MAY BY RESOLUTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS
TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES
CERTIFIED PURSUANT TO ARTICLE  SEVENTEEN-B  OF  THE  EXECUTIVE  LAW,  OR
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTI-
CLE  FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY
THAT ARE RECYCLED OR REMANUFACTURED, IN AN AMOUNT  NOT  TO  EXCEED  FOUR
HUNDRED  THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITH-
OUT FURTHER BOARD APPROVAL.   THE BOARD OF  THE  AUTHORITY  SHALL  ADOPT
GUIDELINES  WHICH  SHALL  BE MADE PUBLICLY AVAILABLE FOR THE AWARDING OF
SUCH CONTRACT WITHOUT A FORMAL COMPETITIVE PROCESS.
  S 13. Intentionally omitted.
  S 14. Intentionally omitted.
  S 15. This act shall take effect immediately, and shall expire and  be
deemed repealed April 1, 2021.
                                 PART PP
  Section  1.   Section 1261 of the public authorities law is amended by
adding a new subdivision 18-a to read as follows:
  18-A.  "TRANSPORTATION PURPOSE" SHALL MEAN A PURPOSE THAT DIRECTLY  OR
INDIRECTLY  SUPPORTS  ALL  OR  ANY  OF  THE  MISSIONS OR PURPOSES OF THE
AUTHORITY, ANY OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT  AUTHORITY  OR
ITS  SUBSIDIARY, INCLUDING THE REALIZATION OF REVENUES AVAILABLE FOR THE
COSTS AND EXPENSES OF ALL OR ANY TRANSPORTATION FACILITIES.
  S 2. Subdivision 1 of section 119-r of the general municipal  law,  as
added by chapter 717 of the laws of 1967, is amended to read as follows:
  1.  To  assure  the  provision  of mass transportation services to the
public at adequate levels and at  reasonable  cost,  every  city,  town,
village  or  county not wholly contained within a city, shall have power
to adopt local laws to authorize:
  a. The acquisition, construction, reconstruction, improvement,  equip-
ment, maintenance, FINANCING SUBJECT TO THE PROVISIONS OF PARAGRAPH F OF
THIS  SUBDIVISION,  or  operation  of  one  or  more mass transportation
projects. Such municipal corporation shall have power to occupy  or  use
any  of the streets, roads, highways, avenues, parks or public places of
such municipal corporation therefor and to agree upon and  contract  for
the terms and conditions thereof.
S. 6406--C                         86                         A. 9006--C
  b.  The  making  of  a  contract  or  contracts for the acquisition by
purchase of all or any part of the property, plant and equipment  of  an
existing  mass  transportation facility actually used and useful for the
convenience of the public.
  c.  The  making  of  a  contract or contracts with any person, firm or
corporation, including a public authority, for  the  equipment,  mainte-
nance  or  operation  of a mass transportation facility owned, acquired,
constructed, reconstructed or improved by it.
  d. The making of a contract or contracts for  a  fair  and  reasonable
consideration  for  mass  transportation  services to be rendered to the
public by a privately-owned or operated  mass  transportation  facility.
Such  power shall include but not be limited to the power to appropriate
funds for payment of such consideration, and to provide that all or part
of such consideration shall be in the form of capital  equipment  to  be
furnished to and used and maintained by such privately-owned or operated
mass transportation facility.
  e. The making of unconditional grants of money or property to a public
authority  providing mass transportation services to all or part of such
municipal corporation in order to assist such public authority in  meet-
ing  its  capital  or  operating  expenses, provided such money does not
consist of borrowed funds and such property has not been acquired by the
use of borrowed funds. Such purpose is hereby  declared  to  be  county,
city,  town  or  village  purposes, respectively. The provisions of this
paragraph are intended as enabling legislation only  and  shall  not  be
interpreted  as  implying that absent their enactment a municipal corpo-
ration would lack the power to authorize any such grant; but they  shall
not  be  interpreted as an authorization to public authorities generally
to accept such grants. The acceptance of any  such  grant  by  a  public
authority  shall  not  operate  to  make such authority an agency of the
municipal corporation making the grant.
  F. THE MAKING OF  A  CONTRACT  WITH  THE  METROPOLITAN  TRANSPORTATION
AUTHORITY, BY ITSELF OR WITH ONE OR MORE OTHER MUNICIPAL CORPORATIONS TO
ASSIST  THE  AUTHORITY  IN  MEETING ITS CAPITAL OR OPERATING EXPENSES IN
PROVIDING MASS TRANSPORTATION SERVICES OF BENEFIT TO ALL OR PART OF SUCH
MUNICIPAL CORPORATION, INCLUDING UNDERTAKING A MASS TRANSPORTATION CAPI-
TAL PROJECT IN OR NEAR  THE  MUNICIPAL  CORPORATION.  SUCH  A  MUNICIPAL
CORPORATION MAY, ACCORDING TO THE TERMS OF THE CONTRACT WITH THE AUTHOR-
ITY,  ESTABLISH, LEVY AND COLLECT TAXES, ASSESSMENTS, AND/OR CHARGES AND
MAY CONDITIONALLY OR UNCONDITIONALLY GRANT OR PLEDGE A  PORTION  OF  ITS
REVENUES  ALLOCATED  ACCORDING  TO  SUBDIVISION E OF THIS SECTION.  SUCH
MUNICIPAL CORPORATION MAY DESIGNATE MASS TRANSPORTATION CAPITAL  PROJECT
DISTRICTS  THAT A MUNICIPAL CORPORATION FINDS, AFTER CONDUCTING A PUBLIC
HEARING, WILL BENEFIT FROM AN  IDENTIFIED  MASS  TRANSPORTATION  CAPITAL
PROJECT. UPON DESIGNATING SUCH A DISTRICT, THE MUNICIPAL CORPORATION MAY
ALLOCATE  A PORTION OF ITS REVENUES FROM THE DISTRICT ACCORDING TO TERMS
IT DESIGNS OR HAS AGREED TO BY CONTRACT.  THE MUNICIPAL CORPORATION MAY,
IN ALLOCATING AND COLLECTING REVENUES FROM THE DISTRICT, MAKE USE OF ONE
OR MORE METHODS TO CAPTURE THE VALUE CREATED BY  A  MASS  TRANSPORTATION
CAPITAL PROJECT, INCLUDING, BUT NOT LIMITED TO:
  (I) TAX INCREMENT FINANCING, MEANING THE ALLOCATION OF AN INCREMENT OF
PROPERTY  TAX  REVENUES IN EXCESS OF THE AMOUNT LEVIED AT THE TIME PRIOR
TO PLANNING OF A MASS TRANSPORTATION CAPITAL PROJECT;
  (II) A SPECIAL TRANSPORTATION ASSESSMENT IMPOSED UPON  BENEFITED  REAL
PROPERTY  IN  PROPORTION TO THE BENEFIT RECEIVED BY SUCH PROPERTY FROM A
MASS TRANSPORTATION CAPITAL PROJECT, WHICH SHALL NOT CONSTITUTE A TAX;
S. 6406--C                         87                         A. 9006--C
  (III) LAND VALUE TAXATION, MEANING THE ALLOCATION OF AN  INCREMENT  OF
TAX  REVENUES GAINED FROM LEVYING TAXES ON THE ASSESSED VALUE OF TAXABLE
LAND AT A HIGHER RATE THAN THE IMPROVEMENTS, AS DEFINED  IN  SUBDIVISION
TWELVE OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; AND
  (IV)  SOME COMBINATION OF THE ABOVE OR OTHER METHODS OF GAINING REVEN-
UES THAT THE MUNICIPAL CORPORATION IS EMPOWERED TO  USE,  PROVIDED  THAT
THE  TOTAL  AMOUNT  OF  ALL  TAXES, ASSESSMENTS, FEES, CHARGES, OR RATES
LEVIED ON EACH PARCEL OR LOT UNDER THIS SECTION SHALL BE  LIMITED  TO  A
PROPORTIONATE  AMOUNT  AS  NEAR  AS POSSIBLE TO THE ACTUAL BENEFIT WHICH
EACH LOT OR PARCEL WILL DERIVE  FROM  THE  MASS  TRANSPORTATION  CAPITAL
PROJECT; AND
  (V)  FOR  PURPOSES  OF  THIS  PARAGRAPH THE TERM MUNICIPAL CORPORATION
SHALL INCLUDE ONLY THOSE CITIES, TOWNS, VILLAGES AND COUNTIES  DESCRIBED
IN SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
  S  3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of  the  general  municipal  law
made  by  section  two  of  this act shall expire and be deemed repealed
April 1, 2021, and provided further that such repeal  shall  not  affect
the  validity  or duration of any contract entered into before that date
pursuant to paragraph f of such subdivision.
                                 PART QQ
  Section 1. Section 2 of part EE of chapter 60 of  the  laws  of  2011,
amending  the  New York state urban development corporation act relating
to the new markets tax credits, is amended to read as follows:
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed [5] 10 years after such effective date.
  S 2. This act shall take effect immediately.
                                 PART RR
  Section  1.  The  public  authorities  law  is amended by adding a new
section 1678-a to read as follows:
  S 1678-A. NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION ACT.   1.
PURPOSES  OF  ACT.    THE  PURPOSES  OF  THE  NEW  YORK STATE DESIGN AND
CONSTRUCTION CORPORATION ACT ARE TO ESTABLISH THE NEW YORK STATE  DESIGN
AND  CONSTRUCTION  CORPORATION TO PROVIDE (A) ADDITIONAL PROJECT MANAGE-
MENT EXPERTISE, MONITORING AND OVERSIGHT ON PUBLIC WORKS  PROJECTS  EACH
HAVING  A  TOTAL  OR  AGGREGATE  CONSTRUCTION  VALUE  IN EXCESS OF FIFTY
MILLION DOLLARS UNDERTAKEN BY STATE AGENCIES, STATE DEPARTMENTS  SUBJECT
TO  THE  PROVISIONS OF THIS SECTION, AND STATE AUTHORITIES INCLUDING ONE
CREATED BY CHAPTER ONE  HUNDRED  FIFTY-FOUR  OF  THE  LAWS  OF  NINETEEN
HUNDRED  TWENTY-ONE AND ONE CREATED BY CHAPTER EIGHT HUNDRED TWENTY-FOUR
OF THE LAWS OF NINETEEN HUNDRED THIRTY-THREE HEREIN AFTER REFERRED TO AS
"STATE ENTITY"; AND (B) A MEANS TO IMPLEMENT AND RECOMMEND  IMPROVEMENTS
AND  OTHER  PROJECT  CHANGES  ON  SUCH PROPOSED PUBLIC WORKS PROJECTS IN
EXCESS OF FIFTY MILLION DOLLARS IN TOTAL OR AGGREGATE VALUE, IN  A  MORE
TIMELY FASHION, TO ENSURE THAT SUCH PROJECTS CAN BE ACCOMPLISHED, TO THE
EXTENT  PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN ACCEPTABLE OVERALL
QUALITY AND COST TO THE STATE OF NEW YORK.
  2. NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION.  (A)  THERE  IS
HEREBY  ESTABLISHED  THE  NEW  YORK STATE DESIGN AND CONSTRUCTION CORPO-
RATION AS A SUBSIDIARY CORPORATION OF THE DORMITORY AUTHORITY.
  (B) THE DORMITORY AUTHORITY MAY PROVIDE OR LEASE  TO  SUCH  SUBSIDIARY
CORPORATION ANY REAL, PERSONAL OR MIXED PROPERTY AS SHALL BE REQUIRED IN
S. 6406--C                         88                         A. 9006--C
ORDER  TO  CARRY  OUT THE PURPOSES OF THIS ACT. THE AUTHORITY MAY ASSIGN
ANY SUCH EMPLOYEES TO WORK FOR THE CORPORATION AS SHALL BE  REQUIRED  IN
ORDER  TO  CARRY OUT THE PURPOSES OF THIS SECTION AND ALL SUCH EMPLOYEES
SHALL  RETAIN THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATIONS, SENIORITY,
STATUS, AND RIGHTS PURSUANT TO THEIR COLLECTIVE BARGAINING UNITS  AND/OR
COLLECTIVE  BARGAINING  AGREEMENTS,  AS  APPLICABLE. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, THE TERM "EMPLOYEE" AS  SET  FORTH  IN
THIS  SECTION  SHALL  MEAN  A  DORMITORY AUTHORITY EMPLOYEE ASSIGNED, IN
WHOLE, OR IN PART, TO WORK FOR THE CORPORATION.
  (C) SUCH CORPORATION SHALL BE A BODY CORPORATE AND POLITIC  CONSTITUT-
ING  A PUBLIC BENEFIT CORPORATION, AND SHALL HAVE ALL OF THE PRIVILEGES,
IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE DORMITORY AUTHOR-
ITY TO THE EXTENT THE SAME ARE NOT INCONSISTENT WITH THIS SECTION.
  (D) THE BOARD OF THE CORPORATION SHALL CONSIST  OF  THREE  MEMBERS  AS
DESIGNATED  BY  THE GOVERNOR, AND THE GOVERNOR SHALL DESIGNATE THE CHAIR
FROM AMONG THE MEMBERS OF THE CORPORATION'S BOARD. THE  MEMBERS  OF  THE
CORPORATION'S  BOARD SHALL SERVE UNTIL SUCH TIME AS HIS OR HER SUCCESSOR
IS APPOINTED BY THE GOVERNOR.
  (E) A QUORUM SHALL CONSIST OF A MAJORITY OF THE MEMBERS OF THE  BOARD.
A  QUORUM  SHALL  BE  REQUIRED  FOR  THE  BOARD TO CONDUCT BUSINESS, AND
APPROVAL OF ANY MATTER PROPERLY  BEFORE  THE  BOARD  SHALL  REQUIRE  THE
AFFIRMATIVE  VOTE  OF THE MAJORITY OF THE BOARD.  MEETINGS OF THE CORPO-
RATION SHALL BE CALLED BY THE CHAIR, OR BY A  MAJORITY  OF  THE  MEMBERS
APPOINTED. MEETINGS SHALL BE HELD AT LEAST BI-ANNUALLY.
  (F)  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE CONSTRUED TO IMPOSE ANY
LIABILITIES, OBLIGATIONS OR RESPONSIBILITIES OF  SUCH  CORPORATION  UPON
THE  DORMITORY  AUTHORITY,  AND THE AUTHORITY SHALL HAVE NO LIABILITY OR
RESPONSIBILITY THEREFOR UNLESS THE AUTHORITY EXPRESSLY AGREES BY  RESOL-
UTION OF THE AUTHORITY BOARD TO ASSUME THE SAME.
  (G) THE PROVISIONS OF SECTION SIXTEEN HUNDRED NINETY-ONE OF THIS TITLE
SHALL  IN ALL RESPECTS APPLY TO MEMBERS OF THE CORPORATION AND ANY OFFI-
CER, EMPLOYEE  OR  AGENT  OF  THE  DORMITORY  AUTHORITY  TRANSFERRED  OR
ASSIGNED  TO  THE CORPORATION, WHILE ACTING WITHIN THE SCOPE OF HIS, HER
OR ITS AUTHORITY.
  (H) ALL OF THE PROVISIONS OF SECTIONS SEVENTEEN AND  NINETEEN  OF  THE
PUBLIC  OFFICERS LAW SHALL APPLY TO THE MEMBERS, DIRECTORS, OFFICERS AND
EMPLOYEES OF THE CORPORATION.
  (I) THE CORPORATION CREATED PURSUANT TO THIS SECTION SHALL BE  SUBJECT
TO  ANY  OTHER  PROVISIONS OF THIS CHAPTER PERTAINING TO SUBSIDIARIES OF
PUBLIC AUTHORITIES TO THE EXTENT THAT SUCH PROVISIONS ARE NOT INCONSIST-
ENT WITH THE PROVISIONS OF THIS SECTION.
  3. CORPORATION REVIEW AND OVERSIGHT OF CERTAIN PUBLIC WORKS CONTRACTS.
FOR PUBLIC WORKS PROJECTS HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE
IN EXCESS OF FIFTY MILLION DOLLARS, HEREINAFTER REFERRED TO AS  "COVERED
PROJECTS",  AND  FOR  ANY  AND  ALL  CONTRACTS  RELATING TO SUCH COVERED
PROJECTS WHICH ARE ADVERTISED FOR BID OR PROPOSAL OR OTHERWISE  PROCURED
AND/OR ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN:
  (A) ANY STATE ENTITY PROPOSING A COVERED PROJECT SHALL PROVIDE WRITTEN
NOTICE  TO  THE CORPORATION OF SUCH PROPOSAL, TO INCLUDE WITHOUT LIMITA-
TION, THE ESTIMATED VALUE OF THE COVERED PROJECT AND A  SUMMARY  OF  THE
SCOPE  AND  DURATION  OF  SUCH  COVERED  PROJECT.  PROJECTS SHALL NOT BE
DIVIDED OR SEGMENTED FOR THE PURPOSES OF AVOIDING  COMPLIANCE  WITH  THE
PROVISIONS  OF THIS ACT. FOR PURPOSES OF THIS SECTION, "COVERED PROJECT"
SHALL NOT INCLUDE CAPITAL PROJECTS OF THE OFFICE OF  STATE  COMPTROLLER,
OFFICE  OF  THE ATTORNEY GENERAL OR EDUCATION DEPARTMENT OF THE STATE OF
NEW YORK.
S. 6406--C                         89                         A. 9006--C
  (B) THE CORPORATION SHALL HAVE THE AUTHORITY TO, AND MAY, IN ITS  SOLE
DISCRETION,  REVIEW,  MONITOR,  AND  OVERSEE,  IN WHOLE OR IN PART, SUCH
COVERED PROJECT, AND MAKE RECOMMENDATIONS REGARDING NECESSARY CORRECTIVE
OR OTHER ACTION TO ANY STATE ENTITY  IN  CONNECTION  WITH  SUCH  COVERED
PROJECT  PROVIDED  THAT  THE  CORPORATION, IN ITS SOLE DISCRETION, DEEMS
SUCH COVERED PROJECT TO BE AT RISK OF BEING DELAYED, NOT BEING COMPLETED
WITHIN BUDGET, OR NOT COMPLETED AT AN ACCEPTABLE LEVEL OF QUALITY.
  (C) FOR THE PURPOSES OF THIS SECTION, THE TERM  "PROJECT"  SHALL  MEAN
ANY WORK ASSOCIATED WITH THE PLANNING, ACQUISITION, DESIGN, ENGINEERING,
ENVIRONMENTAL ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHA-
BILITATION,  ESTABLISHMENT,  IMPROVEMENT, RENOVATION, EXTENSION, REPAIR,
REVITALIZATION, MANAGEMENT AND DEVELOPMENT OF A CAPITAL ASSET AS DEFINED
IN SECTION TWO OF THE STATE FINANCE LAW.
  (D) THE STATE ENTITY UNDERTAKING SUCH COVERED PROJECT SHALL  COOPERATE
IN GOOD FAITH WITH THE CORPORATION, AND PROVIDE REASONABLE ACCESS TO ALL
PERSONNEL,  BOOKS, RECORDS, PLANS, SPECIFICATIONS, DATA AND OTHER INFOR-
MATION AS MAY BE NECESSARY FOR THE CORPORATION TO  PERFORM  ITS  DUTIES.
THE  CORPORATION  SHALL LIMIT ITS REQUEST FOR ACCESS TO SUCH INFORMATION
THAT IS REASONABLY  NECESSARY,  AS  DETERMINED  BY  THE  CORPORATION  TO
PERFORM ITS DUTIES.
  (E)  IN  THE EVENT THE CORPORATION DETERMINES THAT CORRECTIVE OR OTHER
ACTION IS NECESSARY FOR SUCH COVERED PROJECT, THEN THE CORPORATION SHALL
PROVIDE THE STATE ENTITY WITH WRITTEN NOTICE OF WHAT CORRECTIVE OR OTHER
ACTIONS THE  CORPORATION  RECOMMENDS  AS  NECESSARY  TO  ACCOMPLISH  THE
PROJECT,  TO  THE  EXTENT  PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN
ACCEPTABLE OVERALL COST TO THE STATE OF NEW  YORK.  SUCH  CORRECTIVE  OR
OTHER ACTION MAY INCLUDE, BUT NOT BE LIMITED TO:
  (I) MODIFICATION OF SUCH PLANS, SCHEDULES, SPECIFICATIONS, DESIGNS AND
ESTIMATES  OF COSTS FOR THE CONSTRUCTION OF THE PROJECT AND EQUIPMENT OF
FACILITIES;
  (II) DETAILED ANALYSIS OF THE PROJECT SCHEDULE SO AS  TO  CURE  DELAYS
THAT MAY HAVE OCCURRED OR PREVENT FUTURE DELAY;
  (III) DETAILED ANALYSIS OF PROJECT BUDGET;
  (IV)  DETAILED  ANALYSIS  OF  CHANGE  ORDERS  AND/OR PAYMENTS TO PRIME
CONTRACTORS, SUBCONTRACTORS AND OTHER PARTIES;
  (V)  DETAILED  ANALYSIS  OF  RECORDS  OF  CONSTRUCTION   OBSERVATIONS,
INSPECTIONS AND DEFICIENCIES;
  (VI)  EXERCISE  OF  APPLICABLE  RIGHTS AND/OR REMEDIES WITH RESPECT TO
CONTRACTS, CONTRACTORS, SUBCONTRACTORS OR OTHER CONSULTANTS;
  (VII) PROCUREMENT OF INDEPENDENT  AUDITORS,  PROJECT  MANAGERS,  LEGAL
COUNSEL, OR OTHER PROFESSIONALS FOR THE BENEFIT OF THE PROJECT;
  (VIII)  REGULAR  REPORTING  OF  PROJECT  STATUS  AND MILESTONES TO THE
CORPORATION;
  (IX) ACTIVE PROJECT MANAGEMENT REVIEW AND  OVERSIGHT  UTILIZING  ADDI-
TIONAL RESOURCES PROVIDED BY THE CORPORATION; AND
  (X) PERIODIC PROJECT REVIEW AND AUDIT BY THE CORPORATION ON A SUITABLE
TIME INTERVAL DETERMINED BY THE CORPORATION.
  THE STATE ENTITY UNDERTAKING THE PROJECT SHALL HAVE A PERIOD OF THIRTY
DAYS,  OR SHORTER IF THE CORPORATION DETERMINES THAT A SHORTER PERIOD IS
REQUIRED BY THE CIRCUMSTANCES OR LONGER  IF  THE  CORPORATION  CONSENTS,
FROM RECEIPT OF WRITTEN NOTICE OF RECOMMENDED CORRECTIVE ACTION FROM THE
CORPORATION,  TO  NOTIFY THE CORPORATION IN WRITING OF ITS ACCEPTANCE OR
REJECTION OF THE CORRECTIVE OR OTHER ACTION. IN THE EVENT THAT THE STATE
ENTITY REJECTS ANY CORRECTIVE OR OTHER ACTION, IN WHOLE OR IN  PART,  IT
SHALL PROVIDE SIMULTANEOUS WRITTEN NOTICE TO THE CORPORATION ACCOMPANIED
BY  A  REASONED  EXPLANATION IN SUPPORT OF ITS REJECTION. SUCH REJECTION
S. 6406--C                         90                         A. 9006--C
SHALL BE REPORTED TO THE SECRETARY TO THE GOVERNOR AND THE  DIRECTOR  OF
THE  DIVISION OF BUDGET WITHIN FIFTEEN DAYS OF ITS RECEIPT BY THE CORPO-
RATION.
  (F)  ANY  STATE  ENTITY  PROPOSING  A  COVERED PROJECT SHALL INCLUDE A
SUMMARY OF THE PROVISIONS OF THIS SECTION IN ALL  SUCH  PROPOSAL  AND/OR
BID DOCUMENTS FOR SUCH PROJECTS.
  4.  GENERAL  POWERS AND DUTIES OF THE CORPORATION. (A) THE CORPORATION
SHALL HAVE THE POWER TO:
  (I) SUE AND BE SUED;
  (II) HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
  (III) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
MENT AND MAKE RULES AND REGULATIONS GOVERNING SAME;
  (IV) APPOINT SUCH OFFICERS AND EMPLOYEES FROM THE OFFICERS AND EMPLOY-
EES OF THE AUTHORITY, AS IT MAY  REQUIRE  FOR  THE  PERFORMANCE  OF  ITS
DUTIES  AND  FIX AND DETERMINE THEIR QUALIFICATIONS, DUTIES, AND COMPEN-
SATION, AND  RETAIN  OR  EMPLOY  COUNSEL,  AUDITORS,  PRIVATE  FINANCIAL
CONSULTANTS,  PROFESSIONAL  ENGINEERS OR OTHER TECHNICAL CONSULTANTS AND
OTHER SERVICES ON A CONTRACT BASIS OR OTHERWISE, FOR  THE  RENDERING  OF
PROFESSIONAL, BUSINESS OR TECHNICAL SERVICES AND ADVICE;
  (V)  MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR
CONVENIENT FOR THE EXERCISE OF  ITS  POWERS  AND  FUNCTIONS  UNDER  THIS
SECTION;
  (VI)  ENGAGE  THE  SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS
FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE ADVICE  RELATING  TO
COVERED PROJECTS;
  (VII) PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS ACTIV-
ITIES,  PROPERTIES AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR-
ANCE AS IT DEEMS DESIRABLE; AND
  (VIII) INVEST ANY FUNDS OF THE CORPORATION, OR ANY OTHER MONIES  UNDER
ITS  CUSTODY AND CONTROL NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT,
AT THE DISCRETION OF THE CORPORATION, IN OBLIGATIONS OF THE STATE OR THE
UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCIPAL  AND  INTEREST  OF
WHICH  ARE  OBLIGATIONS IN WHICH THE COMPTROLLER OF THE STATE IS AUTHOR-
IZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT  OF  THE  STATE  FINANCE
LAW.
  (B)  THE CORPORATION MAY DO ANY AND ALL THINGS NECESSARY OR CONVENIENT
TO CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY THIS SECTION.
  (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO THE  CONTRARY,  ALL
STATE  ENTITIES  AND THEIR OFFICERS SHALL COOPERATE WITH THE CORPORATION
IN GOOD FAITH AND MAY IMPLEMENT THE RECOMMENDATIONS OF THE CORPORATION.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed July 1, 2022; provided, however, that the repeal of this
act  shall  not  impair or otherwise affect any of the outstanding obli-
gations, responsibilities,  functions,  rights  or  liabilities  of  the
corporation,  unless  adequate provisions have been made for the payment
or exercise thereof.
                                 PART SS
  Section 1. Section 200 of the workers' compensation law, as  added  by
chapter 600 of the laws of 1949, is amended to read as follows:
  S  200.  Short  title. This article shall be known and may be cited as
the "disability benefits law AND THE PAID FAMILY LEAVE BENEFITS LAW."
  S 2. Subdivision 14 of section 201 of the workers'  compensation  law,
as added by chapter 600 of the laws of 1949 and as renumbered by chapter
S. 6406--C                         91                         A. 9006--C
438  of  the  laws of 1964, is amended and nine new subdivisions 15, 16,
17, 18, 19, 20, 21, 22 and 23 are added to read as follows:
  14.  "A  day  of  disability"  means any day on which the employee was
prevented from performing work because of disability, INCLUDING ANY  DAY
WHICH THE EMPLOYEE USES FOR FAMILY LEAVE, and for which [he] THE EMPLOY-
EE has not received his OR HER regular remuneration.
  15.  "FAMILY  LEAVE"  SHALL  MEAN  ANY LEAVE TAKEN BY AN EMPLOYEE FROM
WORK:   (A) TO PARTICIPATE IN  PROVIDING  CARE,  INCLUDING  PHYSICAL  OR
PSYCHOLOGICAL  CARE,  FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY
BY A SERIOUS HEALTH CONDITION OF THE FAMILY MEMBER; OR (B) TO BOND  WITH
THE  EMPLOYEE'S  CHILD  DURING THE FIRST TWELVE MONTHS AFTER THE CHILD'S
BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT OF THE  CHILD  FOR
ADOPTION  OR FOSTER CARE WITH THE EMPLOYEE; OR (C) BECAUSE OF ANY QUALI-
FYING EXIGENCY AS INTERPRETED UNDER THE FAMILY AND MEDICAL LEAVE ACT, 29
U.S.C.S S 2612(A)(1)(E) AND 29 C.F.R.  S.825.126(A)(1)-(8), ARISING  OUT
OF  THE  FACT THAT THE SPOUSE, DOMESTIC PARTNER, CHILD, OR PARENT OF THE
EMPLOYEE IS ON ACTIVE DUTY (OR HAS BEEN NOTIFIED OF AN IMPENDING CALL OR
ORDER TO ACTIVE DUTY) IN THE ARMED FORCES OF THE UNITED STATES.
  16. "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER SON OR DAUGHTER,  A
STEPSON  OR  STEPDAUGHTER, A LEGAL WARD, A SON OR DAUGHTER OF A DOMESTIC
PARTNER, OR THE PERSON TO WHOM THE EMPLOYEE STANDS IN LOCO PARENTIS.
  17. "DOMESTIC PARTNER" HAS THE SAME MEANING AS SET  FORTH  IN  SECTION
FOUR OF THIS CHAPTER.
  18.  "SERIOUS  HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT,
OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES INPATIENT CARE IN A HOSPI-
TAL, HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY, CONTINUING  TREATMENT
OR  CONTINUING  SUPERVISION BY A HEALTH CARE PROVIDER. CONTINUING SUPER-
VISION BY A HEALTH CARE PROVIDER INCLUDES A PERIOD OF  INCAPACITY  WHICH
IS PERMANENT OR LONG TERM DUE TO A CONDITION FOR WHICH TREATMENT MAY NOT
BE EFFECTIVE WHERE THE FAMILY MEMBER IS UNDER THE CONTINUING SUPERVISION
OF, BUT NEED NOT BE RECEIVING ACTIVE TREATMENT BY, A HEALTH CARE PROVID-
ER.
  19.  "PARENT"  MEANS  A  BIOLOGICAL,  FOSTER,  OR  ADOPTIVE  PARENT, A
PARENT-IN-LAW, A STEPPARENT, A LEGAL GUARDIAN, OR OTHER PERSON WHO STOOD
IN LOCO PARENTIS TO THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD.
  20. "FAMILY MEMBER" MEANS A CHILD,  PARENT,  GRANDPARENT,  GRANDCHILD,
SPOUSE, OR DOMESTIC PARTNER AS DEFINED IN THIS SECTION.
  21. "GRANDCHILD" MEANS A CHILD OF THE EMPLOYEE'S CHILD.
  22. "HEALTH CARE PROVIDER" SHALL MEAN FOR THE PURPOSE OF FAMILY LEAVE,
A  PERSON  LICENSED  UNDER  ARTICLE  ONE HUNDRED THIRTY-ONE, ONE HUNDRED
THIRTY-ONE-B, ONE HUNDRED  THIRTY-TWO,  ONE  HUNDRED  THIRTY-THREE,  ONE
HUNDRED  THIRTY-SIX, ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY-ONE, ONE
HUNDRED FORTY-THREE, ONE HUNDRED FORTY-FOUR,  ONE  HUNDRED  FIFTY-THREE,
ONE  HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-SIX OR ONE HUNDRED FIFTY-NINE
OF THE EDUCATION LAW OR A PERSON LICENSED UNDER THE PUBLIC  HEALTH  LAW,
ARTICLE  ONE  HUNDRED  FORTY OF THE EDUCATION LAW OR ARTICLE ONE HUNDRED
SIXTY-THREE OF THE EDUCATION LAW.
  23. "GRANDPARENT" MEANS A PARENT OF THE EMPLOYEE'S PARENT.
  S 3. Section 203 of the workers' compensation law, as amended by chap-
ter 436 of the laws of 1986, is amended to read as follows:
  S 203. Employees eligible for benefits under section two hundred  four
OF THIS ARTICLE.  Employees in employment of a covered employer for four
or  more  consecutive  weeks and employees in employment during the work
period usual to and available during such four or more consecutive weeks
in any trade or business in which they are  regularly  employed  and  in
which  hiring  from day to day of such employees is the usual employment
S. 6406--C                         92                         A. 9006--C
practice shall be  eligible  for  disability  benefits  as  provided  in
section  two hundred four OF THIS ARTICLE.  EMPLOYEES IN EMPLOYMENT OF A
COVERED EMPLOYER FOR TWENTY-SIX OR MORE CONSECUTIVE WEEKS AND  EMPLOYEES
IN  EMPLOYMENT DURING THE WORK PERIOD USUAL TO AND AVAILABLE DURING SUCH
TWENTY-SIX OR MORE CONSECUTIVE WEEKS IN ANY TRADE OR BUSINESS  IN  WHICH
THEY  ARE REGULARLY EMPLOYED AND IN WHICH HIRING FROM DAY TO DAY OF SUCH
EMPLOYEES IS THE USUAL EMPLOYMENT PRACTICE SHALL BE ELIGIBLE FOR  FAMILY
LEAVE  BENEFITS AS PROVIDED IN SECTION TWO HUNDRED FOUR OF THIS ARTICLE.
EVERY SUCH EMPLOYEE SHALL CONTINUE TO BE ELIGIBLE FOR FAMILY LEAVE BENE-
FITS ONLY DURING EMPLOYMENT WITH A COVERED EMPLOYER. Every such employee
shall continue to  be  eligible  FOR  DISABILITY  BENEFITS  during  such
employment  and  for a period of four weeks after such employment termi-
nates regardless of whether the employee performs any work for remunera-
tion or profit in non-covered employment. If during such four week peri-
od the employee performs any work for remuneration or profit for another
covered employer the employee shall become eligible for DISABILITY bene-
fits immediately with respect to that employment. In addition every such
employee who HAS PREVIOUSLY COMPLETED FOUR OR MORE CONSECUTIVE WEEKS  IN
EMPLOYMENT  WITH  THE  COVERED EMPLOYER FOR PURPOSES OF DISABILITY BENE-
FITS, OR TWENTY-SIX OR MORE CONSECUTIVE WEEKS  IN  EMPLOYMENT  WITH  THE
COVERED  EMPLOYER FOR PURPOSES OF PAID FAMILY LEAVE, AND returns to work
with the same employer after an agreed and  specified  unpaid  leave  of
absence or vacation without pay shall become eligible for benefits imme-
diately with respect to such employment. An employee who during a period
in which he or she is eligible to receive benefits under subdivision two
of  section two hundred seven OF THIS ARTICLE returns to employment with
a covered employer and an employee who is currently receiving  unemploy-
ment  insurance  benefits or benefits under section two hundred seven OF
THIS ARTICLE and who returns to employment with a covered employer shall
become eligible for DISABILITY benefits immediately with respect to such
employment.  An employee regularly in the employment of a single employ-
er on a work schedule less than the employer's normal  work  week  shall
become eligible for DISABILITY LEAVE benefits on the twenty-fifth day of
such regular employment AND FOR PURPOSES OF PAID FAMILY LEAVE AN EMPLOY-
ER  SHALL  BECOME ELIGIBLE FOR BENEFITS ON THE ONE HUNDRED SEVENTY-FIFTH
DAY OF SUCH REGULAR EMPLOYMENT. An employee who [becomes disabled while]
IS eligible for DISABILITY AND FAMILY LEAVE benefits in  the  employment
of  a  covered  employer  shall  not be deemed, for the purposes of this
article, to have such employment terminated during any period he or  she
is  eligible  to receive benefits under section two hundred four OF THIS
ARTICLE with respect to such employment.
  S 4. The workers' compensation law is  amended  by  adding  three  new
sections 203-a, 203-b and 203-c to read as follows:
  S  203-A.  RETALIATORY  ACTION  PROHIBITED  FOR  FAMILY  LEAVE. 1. THE
PROVISIONS OF SECTION ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO
HUNDRED FORTY-ONE OF THIS ARTICLE SHALL BE APPLICABLE TO FAMILY LEAVE.
  2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  DIMINISH  THE  RIGHTS,
PRIVILEGES,  OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
AGREEMENT OR EMPLOYMENT CONTRACT.
  S 203-B. REINSTATEMENT FOLLOWING FAMILY LEAVE. ANY  ELIGIBLE  EMPLOYEE
OF  A COVERED EMPLOYER WHO TAKES LEAVE UNDER THIS ARTICLE SHALL BE ENTI-
TLED, ON RETURN FROM SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER  TO  THE
POSITION OF EMPLOYMENT HELD BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR
TO BE RESTORED TO A COMPARABLE POSITION WITH COMPARABLE EMPLOYMENT BENE-
FITS,  PAY  AND  OTHER TERMS AND CONDITIONS OF EMPLOYMENT. THE TAKING OF
FAMILY LEAVE SHALL NOT RESULT IN THE  LOSS  OF  ANY  EMPLOYMENT  BENEFIT
S. 6406--C                         93                         A. 9006--C
ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED.  NOTHING IN THIS
SECTION  SHALL  BE  CONSTRUED  TO  ENTITLE  ANY RESTORED EMPLOYEE TO THE
ACCRUAL OF ANY SENIORITY OR EMPLOYMENT BENEFITS  DURING  ANY  PERIOD  OF
LEAVE,  OR  ANY  RIGHT,  BENEFIT OR POSITION TO WHICH THE EMPLOYEE WOULD
HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN THE LEAVE.
  S 203-C HEALTH INSURANCE DURING FAMILY LEAVE.  IN ACCORDANCE WITH  THE
FAMILY AND MEDICAL LEAVE ACT (29 U.S.C. SS 2601-2654), DURING ANY PERIOD
OF FAMILY LEAVE THE EMPLOYER SHALL MAINTAIN ANY EXISTING HEALTH BENEFITS
OF  THE  EMPLOYEE  IN  FORCE  FOR  THE  DURATION OF SUCH LEAVE AS IF THE
EMPLOYEE HAD CONTINUED TO WORK FROM THE DATE HE OR SHE COMMENCED  FAMILY
LEAVE UNTIL THE DATE HE OR SHE RETURNS TO EMPLOYMENT.
  S 5. Section 204 of the workers' compensation law, as added by chapter
600  of  the laws of 1949, subdivision 2 as amended by chapter 38 of the
laws of 1989, is amended to read as follows:
  S 204. Disability AND FAMILY LEAVE during  employment.  1.  Disability
benefits  shall  be  payable  to  an  eligible employee for disabilities
[commencing after June thirtieth,  nineteen  hundred  fifty],  beginning
with  the  eighth  [consecutive] day of disability and thereafter during
the continuance of disability, subject to the limitations as to  maximum
and minimum amounts and duration and other conditions and limitations in
this  section  and  in  sections two hundred five and two hundred six OF
THIS ARTICLE.  FAMILY LEAVE BENEFITS SHALL BE  PAYABLE  TO  AN  ELIGIBLE
EMPLOYEE FOR THE FIRST FULL DAY WHEN FAMILY LEAVE IS REQUIRED AND THERE-
AFTER  DURING  THE  CONTINUANCE OF THE NEED FOR FAMILY LEAVE, SUBJECT TO
THE LIMITATIONS AS TO MAXIMUM AND MINIMUM AMOUNTS AND DURATION AND OTHER
CONDITIONS AND LIMITATIONS IN THIS SECTION AND IN SECTIONS  TWO  HUNDRED
FIVE AND TWO HUNDRED SIX OF THIS ARTICLE. Successive periods of disabil-
ity  OR  FAMILY  LEAVE  caused by the same or related injury or sickness
shall be deemed a single period of disability OR FAMILY  LEAVE  only  if
separated by less than three months.
  2. (A) THE WEEKLY BENEFIT FOR FAMILY LEAVE THAT OCCURS (I) ON OR AFTER
JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL NOT EXCEED EIGHT WEEKS DURING
ANY  FIFTY-TWO  WEEK  CALENDAR  PERIOD AND SHALL BE FIFTY PERCENT OF THE
EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY PERCENT OF THE
STATE AVERAGE WEEKLY WAGE, (II) ON OR AFTER JANUARY FIRST, TWO  THOUSAND
NINETEEN  SHALL  NOT EXCEED TEN WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR
PERIOD AND SHALL BE FIFTY-FIVE PERCENT OF THE EMPLOYEE'S AVERAGE  WEEKLY
WAGE BUT SHALL NOT EXCEED FIFTY-FIVE PERCENT OF THE STATE AVERAGE WEEKLY
WAGE,  (III)  ON  OR  AFTER JANUARY FIRST, TWO THOUSAND TWENTY SHALL NOT
EXCEED TEN WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL  BE
SIXTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED
SIXTY  PERCENT  OF  THE  STATE AVERAGE WEEKLY WAGE, AND (IV) ON OR AFTER
JANUARY FIRST OF EACH SUCCEEDING YEAR, SHALL  NOT  EXCEED  TWELVE  WEEKS
DURING  ANY  FIFTY-TWO  WEEK  CALENDAR  PERIOD  AND SHALL BE SIXTY-SEVEN
PERCENT OF THE EMPLOYEE'S AVERAGE  WEEKLY  WAGE  BUT  SHALL  NOT  EXCEED
SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT.
THE  SUPERINTENDENT OF FINANCIAL SERVICES SHALL HAVE DISCRETION TO DELAY
THE INCREASES IN THE FAMILY LEAVE BENEFIT  LEVEL  PROVIDED  IN  SUBPARA-
GRAPHS  (II),  (III), AND (IV) OF THIS PARAGRAPH BY ONE OR MORE CALENDAR
YEARS. IN DETERMINING WHETHER TO DELAY THE INCREASE IN THE FAMILY  LEAVE
BENEFIT  FOR  ANY  YEAR,  THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL
CONSIDER: (1) THE CURRENT COST TO EMPLOYEES OF THE FAMILY LEAVE  BENEFIT
AND  ANY EXPECTED CHANGE IN THE COST AFTER THE BENEFIT INCREASE; (2) THE
CURRENT NUMBER OF INSURERS ISSUING  INSURANCE  POLICIES  WITH  A  FAMILY
LEAVE  BENEFIT AND ANY EXPECTED CHANGE IN THE NUMBER OF INSURERS ISSUING
SUCH POLICIES AFTER THE BENEFIT INCREASE; (3) THE IMPACT OF THE  BENEFIT
S. 6406--C                         94                         A. 9006--C
INCREASE ON EMPLOYERS' BUSINESS AND THE OVERALL STABILITY OF THE PROGRAM
TO  THE  EXTENT THAT INFORMATION IS READILY AVAILABLE; (4) THE IMPACT OF
THE BENEFIT INCREASE ON THE FINANCIAL STABILITY OF  THE  DISABILITY  AND
FAMILY  LEAVE  INSURANCE  MARKET  AND  CARRIERS;  AND (5) ANY ADDITIONAL
FACTORS THAT THE SUPERINTENDENT OF FINANCIAL SERVICES DEEMS RELEVANT. IF
THE SUPERINTENDENT OF FINANCIAL SERVICES  DELAYS  THE  INCREASE  IN  THE
FAMILY  LEAVE  BENEFIT  LEVEL FOR ONE OR MORE CALENDAR YEARS, THE FAMILY
LEAVE BENEFIT LEVEL THAT SHALL TAKE  EFFECT  IMMEDIATELY  FOLLOWING  THE
DELAY  SHALL  BE THE SAME BENEFIT LEVEL THAT WOULD HAVE TAKEN EFFECT BUT
FOR THE DELAY.  THE WEEKLY BENEFITS FOR FAMILY LEAVE THAT OCCURS  ON  OR
AFTER  JANUARY  FIRST,  TWO THOUSAND EIGHTEEN SHALL NOT BE LESS THAN ONE
HUNDRED DOLLARS PER WEEK EXCEPT THAT IF THE EMPLOYEE'S WAGES AT THE TIME
OF FAMILY LEAVE ARE LESS THAN ONE HUNDRED DOLLARS PER WEEK, THE EMPLOYEE
SHALL RECEIVE HIS OR HER FULL WAGES.  BENEFITS MAY BE PAYABLE TO EMPLOY-
EES FOR PAID FAMILY LEAVE TAKEN INTERMITTENTLY OR FOR LESS THAN  A  FULL
WORK WEEK IN INCREMENTS OF ONE FULL DAY OR ONE FIFTH OF THE WEEKLY BENE-
FIT.
  (B)  The  weekly  benefit  which  the disabled employee is entitled to
receive for disability  commencing  on  or  after  May  first,  nineteen
hundred eighty-nine shall be one-half of the employee's weekly wage, but
in no case shall such benefit exceed one hundred seventy dollars; except
that  if the employee's average weekly wage is less than twenty dollars,
the benefit shall be such average weekly wage. The weekly benefit  which
the  disabled  employee is entitled to receive for disability commencing
on or after July first, nineteen hundred eighty-four shall  be  one-half
of  the employee's weekly wage, but in no case shall such benefit exceed
one hundred forty-five dollars; except that if  the  employee's  average
weekly wage is less than twenty dollars, the benefit shall be such aver-
age weekly wage. The weekly benefit which the disabled employee is enti-
tled  to receive for disability commencing on or after July first, nine-
teen hundred eighty-three and prior  to  July  first,  nineteen  hundred
eighty-four shall be one-half of the employee's average weekly wage, but
in no case shall such benefit exceed one hundred thirty-five dollars nor
be less than twenty dollars; except that if the employee's average week-
ly  wage  is  less than twenty dollars the benefit shall be such average
weekly wage. The weekly benefit which the disabled employee is  entitled
to  receive  for  disability commencing on or after July first, nineteen
hundred seventy-four, and prior to July first, nineteen hundred  eighty-
three,  shall  be one-half of the employee's average weekly wage, but in
no case shall such benefit exceed ninety-five dollars nor be  less  than
twenty  dollars;  except  that  if the employee's average weekly wage is
less than twenty dollars, the benefit shall be such average weekly wage.
The weekly benefit which the disabled employee is  entitled  to  receive
for  disability  commencing  on  or  after  July first, nineteen hundred
seventy and prior to July first, nineteen hundred seventy-four shall  be
one-half  of  the  employee's  average weekly wage, but in no case shall
such benefit  exceed  seventy-five  dollars  nor  be  less  than  twenty
dollars;  except that if the employee's average weekly wage is less than
twenty dollars the benefit shall be such average weekly wage.   For  any
period  of  disability less than a full week, the benefits payable shall
be calculated by dividing the  weekly  benefit  by  the  number  of  the
employee's normal work days per week and multiplying the quotient by the
number  of  normal  work  days  in such period of disability. The weekly
benefit for a disabled employee who is concurrently eligible  for  bene-
fits  in  the employment of more than one covered employer shall, within
the maximum and minimum herein provided, be one-half of the total of the
S. 6406--C                         95                         A. 9006--C
employee's average weekly wages received from all such  covered  employ-
ers,  and shall be allocated in the proportion of their respective aver-
age weekly wage payments.
  S 6. Section 205 of the workers' compensation law, as added by chapter
600  of the laws of 1949, subdivision 1 as amended by chapter 651 of the
laws of 1958, subdivision 2 as amended by chapter 270  of  the  laws  of
1990,  subdivision  5 as amended by chapter 288 of the laws of 1970, and
subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by  chapter  352  of  the
laws of 1981, is amended to read as follows:
  S  205.  Disabilities, FAMILY LEAVE and [disability] periods for which
benefits are not payable. 1. No employee shall be entitled to DISABILITY
benefits under this article:
  [1.] (A) For more than twenty-six weeks MINUS ANY DAYS TAKEN FOR FAMI-
LY LEAVE DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS during a period
of fifty-two consecutive calendar weeks or  during  any  one  period  of
disability, OR FOR MORE THAN TWENTY-SIX WEEKS;
  [2.]  (B) for any period of disability during which an employee is not
under the care of a duly licensed physician or with respect to disabili-
ty resulting from a condition of the foot which may lawfully be  treated
by a duly registered and licensed podiatrist of the state of New York or
with  respect  to  a  disability  resulting  from  a condition which may
lawfully be treated by a duly registered and  licensed  chiropractor  of
the  state  of New York or with respect to a disability resulting from a
condition which may lawfully be treated by a duly  licensed  dentist  of
the  state  of New York or with respect to a disability resulting from a
condition which may  lawfully  be  treated  by  a  duly  registered  and
licensed  psychologist  of  the  state  of New York or with respect to a
disability resulting from a condition which may lawfully be treated by a
duly certified nurse midwife, for any period of such  disability  during
which  an employee is neither under the care of a physician nor a podia-
trist, nor a chiropractor, nor a dentist,  nor  a  psychologist,  nor  a
certified  nurse  midwife; and for any period of disability during which
an employee who adheres to the faith  or  teachings  of  any  church  or
denomination  and who in accordance with its creed, tenets or principles
depends for healing upon prayer through spiritual  means  alone  in  the
practice  of  religion,  is  not  under  the care of a practitioner duly
accredited by the church or denomination,  and  provided  such  employee
shall submit to all physical examinations as required by this chapter.
  2.  NO  EMPLOYEE SHALL BE ENTITLED TO FAMILY LEAVE BENEFITS UNDER THIS
ARTICLE:
  (A) FOR MORE THAN TWELVE WEEKS, OR THE MAXIMUM DURATION  PERMITTED  AS
SET  FORTH  IN  PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED
FOUR OF THIS ARTICLE, DURING A PERIOD OF FIFTY-TWO CONSECUTIVE  CALENDAR
WEEKS,  OR  FOR  ANY  PERIOD IN WHICH THE FAMILY LEAVE COMBINED WITH THE
DISABILITY BENEFITS PREVIOUSLY PAID EXCEEDS TWENTY-SIX WEEKS DURING  THE
SAME FIFTY-TWO CONSECUTIVE CALENDAR WEEKS;
  (B)  FOR  ANY  PERIOD  OF  FAMILY LEAVE WHEREIN THE NOTICE AND MEDICAL
CERTIFICATION AS PRESCRIBED BY THE CHAIR HAS  NOT  BEEN  FILED.  AT  THE
DISCRETION  OF  THE  CHAIR  OR  CHAIR'S DESIGNEE PURSUANT TO SECTION TWO
HUNDRED TWENTY-ONE OF THIS ARTICLE, THE FAMILY MEMBER WHO IS THE RECIPI-
ENT OF CARE MAY BE REQUIRED TO SUBMIT TO A  PHYSICAL  EXAMINATION  BY  A
QUALIFIED  HEALTH  CARE  PROVIDER. SUCH EXAMINATION SHALL BE PAID FOR BY
THE CARRIER; AND
  (C) AS A CONDITION OF AN EMPLOYEE'S INITIAL RECEIPT  OF  FAMILY  LEAVE
BENEFITS  DURING  ANY  FIFTY-TWO  CONSECUTIVE CALENDAR WEEKS IN WHICH AN
EMPLOYEE IS ELIGIBLE FOR  THESE  BENEFITS,  AN  EMPLOYER  MAY  OFFER  AN
S. 6406--C                         96                         A. 9006--C
EMPLOYEE  WHO  HAS  ACCRUED  BUT  UNUSED VACATION TIME OR PERSONAL LEAVE
AVAILABLE AT THE TIME OF USE OF AVAILABLE FAMILY LEAVE TO CHOOSE WHETHER
TO CHARGE ALL OR PART OF THE FAMILY LEAVE TIME  TO  ACCRUED  BUT  UNUSED
VACATION  OR  PERSONAL  LEAVE, AND RECEIVE FULL SALARY, OR TO NOT CHARGE
TIME TO ACCRUED BUT UNUSED VACATION OR PERSONAL LEAVE, AND  RECEIVE  THE
BENEFIT  AS  SET  FORTH  IN SECTION TWO HUNDRED FOUR OF THIS ARTICLE. AN
EMPLOYER THAT PAYS FULL SALARY DURING  A  PERIOD  OF  FAMILY  LEAVE  MAY
REQUEST REIMBURSEMENT IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-SEV-
EN  OF  THIS ARTICLE.   WITH THE ELECTION OF EITHER OPTION, THE EMPLOYEE
SHALL RECEIVE THE FULL PROTECTION OF  THE  REINSTATEMENT  PROVISION  SET
FORTH  IN SECTION TWO HUNDRED THREE-B OF THIS ARTICLE, AND SHALL CONCUR-
RENTLY USE AVAILABLE FAMILY MEDICAL LEAVE  ACT  AND  PAID  FAMILY  LEAVE
CREDITS.  IN NO EVENT CAN AN EMPLOYEE UTILIZE FAMILY LEAVE BEYOND TWELVE
WEEKS, OR THE MAXIMUM DURATION PERMITTED AS SET FORTH IN  PARAGRAPH  (A)
OF  SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THIS ARTICLE, PER ANY
FIFTY-TWO WEEK PERIOD SET FORTH IN THIS ARTICLE. THIS PARAGRAPH MAY  NOT
BE  CONSTRUED  IN  A  MANNER  THAT  RELIEVES  AN EMPLOYER OF ANY DUTY OF
COLLECTIVE BARGAINING THE EMPLOYER MAY HAVE WITH RESPECT TO THE  SUBJECT
MATTER OF THIS PARAGRAPH.
  3.  NO  EMPLOYEE SHALL BE ENTITLED TO DISABILITY OR FAMILY LEAVE BENE-
FITS UNDER THIS ARTICLE:
  (A) for any disability occasioned  by  the  wilful  intention  of  the
employee to bring about injury to or the sickness of himself or another,
or  resulting  from any injury or sickness sustained in the perpetration
by the employee of an illegal act;
  [4.] (B) for any day of disability OR FAMILY LEAVE  during  which  the
employee performed work for remuneration or profit;
  [5.]  (C)  for  any  day  of  disability OR FAMILY LEAVE for which the
employee is entitled to receive from his OR HER employer, or from a fund
to which the employer has contributed, remuneration or maintenance in an
amount equal to or greater than that to which he OR SHE would  be  enti-
tled  under this article; but any voluntary contribution or aid which an
employer may make to an employee or any supplementary benefit paid to an
employee pursuant to the provisions of a collective bargaining agreement
or from a trust fund to which contributions are  made  pursuant  to  the
provisions  of a collective bargaining agreement shall not be considered
as continued remuneration or maintenance for this purpose;
  [6.] (D) for any period in respect to which such employee  is  subject
to  suspension  or  disqualification of the accumulation of unemployment
insurance benefit rights, or would be subject if he OR SHE were eligible
for such benefit rights, except for  ineligibility  resulting  from  the
employee's disability;
  [7.]  (E)  for any disability due to any act of war, declared or unde-
clared[, if such act shall occur after June thirtieth, nineteen  hundred
fifty];
  [8.]  (F)  for  any  disability  OR FAMILY LEAVE commencing before the
employee becomes eligible to benefits [hereunder or commencing prior  to
July first, nineteen hundred fifty, but this shall not preclude benefits
for recurrence after July first, nineteen hundred fifty, of a disability
commencing prior thereto] UNDER THIS SECTION.
  4. AN EMPLOYEE MAY NOT COLLECT BENEFITS CONCURRENTLY UNDER BOTH SUBDI-
VISIONS ONE AND TWO OF THIS SECTION.
  5.  IN ANY CASE IN WHICH THE NECESSITY FOR FAMILY LEAVE IS FORESEEABLE
BASED ON AN EXPECTED BIRTH OR PLACEMENT, THE EMPLOYEE SHALL PROVIDE  THE
EMPLOYER WITH NOT LESS THAN THIRTY DAYS NOTICE BEFORE THE DATE THE LEAVE
IS TO BEGIN, OF THE EMPLOYEE'S INTENTION TO TAKE FAMILY LEAVE UNDER THIS
S. 6406--C                         97                         A. 9006--C
ARTICLE,  EXCEPT  THAT  IF  THE  DATE OF THE BIRTH OR PLACEMENT REQUIRES
LEAVE TO BEGIN IN LESS THAN THIRTY DAYS, THE EMPLOYEE SHALL PROVIDE SUCH
NOTICE AS IS PRACTICABLE. IN ANY CASE IN WHICH THE NECESSITY FOR  FAMILY
LEAVE  IS  FORESEEABLE  BASED ON PLANNED MEDICAL TREATMENT, THE EMPLOYEE
SHALL PROVIDE THE EMPLOYER WITH NOT LESS THAN THIRTY DAYS NOTICE, BEFORE
THE DATE THE LEAVE IS TO BEGIN, OF THE EMPLOYEES INTENTION TO TAKE FAMI-
LY LEAVE UNDER THIS ARTICLE, EXCEPT THAT IF THE DATE  OF  THE  TREATMENT
REQUIRES  LEAVE  TO  BEGIN  IN LESS THAN THIRTY DAYS, THE EMPLOYEE SHALL
PROVIDE SUCH NOTICE AS IS PRACTICABLE.
  S 7. Section 206 of the workers' compensation law, as amended by chap-
ter 699 of the laws of 1956, paragraph (a) of subdivision 1 as separate-
ly amended by chapters 699 and 929 of the laws of 1956 and subdivision 2
as amended by chapter 24 of the laws of 1988,  is  amended  to  read  as
follows:
  S 206. Non-duplication of benefits. 1. No DISABILITY benefits shall be
payable  under  section  two  hundred  four or two hundred seven OF THIS
ARTICLE:
  (a) in a weekly benefit amount which, together with  any  amount  that
the  employee  receives or is entitled to receive for the same period or
any part thereof as a permanent disability benefit or annuity under  any
governmental  system  or  program,  except  under a veteran's disability
program, or under any permanent  disability  policy  or  program  of  an
employer  for  whom  he  OR SHE has performed services, would, if appor-
tioned to weekly periods, exceed his OR HER weekly benefit amount [here-
under] UNDER THIS SECTION, provided however,  that  there  shall  be  no
offset  against  the benefits set forth in this article if the claim for
disability benefits is based on a disability other  than  the  permanent
disability for which the aforesaid permanent disability benefit or annu-
ity was granted;
  (b) with respect to any week for which payments are received under the
unemployment  insurance law or similar law of this state or of any other
state or of the United States;
  (c) subject to the provisions of subdivision two of this section,  for
any  period with respect to which benefits, compensation or other allow-
ances (other than  [workmen's]  WORKERS'  compensation  benefits  for  a
permanent partial disability occurring prior to the disability for which
benefits  are claimed hereunder) are paid or payable under this chapter,
the volunteer [firemen's] FIREFIGHTERS' benefit law, or any other [work-
men's] WORKERS' compensation act, occupational disease  act  or  similar
law,  or  under  any  employers' liability act or similar law; under any
other temporary disability or cash sickness benefits act or similar law;
under section six hundred eighty-eight, title forty-six,  United  States
code;  under the federal employers' liability act; or under the maritime
doctrine of maintenance, wages and cure.
  2. If an employee  who  is  eligible  for  DISABILITY  benefits  under
section  two hundred three or two hundred seven OF THIS ARTICLE is disa-
bled and has claimed or subsequently claims workers' compensation  bene-
fits  under  this  chapter or benefits under the volunteer firefighters'
benefit law or the volunteer ambulance workers' benefit  law,  and  such
claim  is  controverted on the ground that the employee's disability was
not caused by an accident that arose out of and in  the  course  of  his
employment  or  by  an  occupational disease, or by an injury in line of
duty as a volunteer  firefighter  or  volunteer  ambulance  worker,  the
employee  shall  be  entitled  in the first instance to receive benefits
under this article for his OR HER disability. If benefits have been paid
under this article in respect to a disability alleged to have arisen out
S. 6406--C                         98                         A. 9006--C
of and in the course of the employment or by reason of  an  occupational
disease,  or  in  line of duty as a volunteer firefighter or a volunteer
ambulance worker, the employer or carrier or the [chairman] CHAIR making
such  payment  may,  at  any  time before award of workers' compensation
benefits, or volunteer firefighters'  benefits  or  volunteer  ambulance
workers'  benefits,  is made, file with the board a claim for reimburse-
ment out of the proceeds of such award to the employee  for  the  period
for which disability benefits were paid to the employee under this arti-
cle, and shall have a lien against the award for reimbursement, notwith-
standing  the  provisions  of  section  thirty-three  of this chapter or
section twenty-three of  the  volunteer  firefighters'  benefit  law  or
section  twenty-three  of  the  volunteer ambulance workers' benefit law
provided the insurance carrier liable for payment of the award receives,
before such award is made, a copy of the claim  for  reimbursement  from
the  employer, carrier or [chairman] CHAIR who paid disability benefits,
or provided the board's decision and award  directs  such  reimbursement
therefrom.
  3. NO FAMILY LEAVE BENEFITS SHALL BE PAYABLE UNDER SECTION TWO HUNDRED
FOUR OF THIS ARTICLE:
  (A)  DURING  PERIODS  WHEN  THE EMPLOYEE IS RECEIVING TOTAL DISABILITY
PAYMENTS PURSUANT TO A CLAIM FOR WORKERS' COMPENSATION, VOLUNTEER  FIRE-
FIGHTERS' BENEFITS OR VOLUNTEER AMBULANCE WORKERS' BENEFITS, EXCEPT THAT
WHEN  THE  EMPLOYEE  IS  RECEIVING  PAYMENTS  FOR  PARTIAL DISABILITY OR
REDUCED EARNINGS  UNDER  SUCH  LAWS,  THE  FAMILY  LEAVE  BENEFIT,  WHEN
COMBINED  WITH THE BENEFITS UNDER SUCH LAWS SHALL NOT EXCEED THE AVERAGE
WEEKLY WAGE IN THE  EMPLOYMENT  FOR  WHICH  FAMILY  LEAVE  BENEFITS  ARE
SOUGHT;
  (B)  TO  AN EMPLOYEE WHO IS NOT EMPLOYED OR IS ON ADMINISTRATIVE LEAVE
FROM HIS OR HER EMPLOYMENT;
  (C) TO AN EMPLOYEE DURING PERIODS WHERE  THE  EMPLOYEE  IS  COLLECTING
SICK PAY OR PAID TIME OFF FROM THE EMPLOYER; AND
  (D)  FOR ANY DAY IN WHICH CLAIMANT WORKS AT LEAST PART OF THAT DAY FOR
REMUNERATION OR PROFIT FOR THE COVERED EMPLOYER OR FOR ANY OTHER EMPLOY-
ER WHILE WORKING FOR REMUNERATION OR PROFIT,  FOR  HIM  OR  HERSELF,  OR
ANOTHER PERSON OR ENTITY, DURING THE SAME OR SUBSTANTIALLY SIMILAR WORK-
ING HOURS AS THOSE OF THE COVERED EMPLOYER FROM WHICH FAMILY LEAVE BENE-
FITS  ARE  CLAIMED,  EXCEPT  THAT OCCASIONAL SCHEDULING ADJUSTMENTS WITH
RESPECT TO SECONDARY EMPLOYMENTS SHALL NOT  PREVENT  RECEIPT  OF  FAMILY
LEAVE BENEFITS.
  4.  UNLESS  OTHERWISE  EXPRESSLY  PERMITTED  BY THE EMPLOYER, BENEFITS
AVAILABLE UNDER 29 U.S. CODE CHAPTER 28 (THE FAMILY  AND  MEDICAL  LEAVE
ACT) MUST BE USED CONCURRENTLY WITH FAMILY LEAVE BENEFITS.  FOR A SUBSE-
QUENT  UNRELATED  DISABILITY,  AN  EMPLOYEE  MAY SEEK BENEFITS UP TO THE
MAXIMUM NUMBER OF AVAILABLE WEEKS PERMITTED IN THIS ARTICLE.
  5. A COVERED EMPLOYER IS NOT REQUIRED TO PERMIT MORE THAN ONE EMPLOYEE
TO USE THE SAME PERIOD OF FAMILY LEAVE  TO  CARE  FOR  THE  SAME  FAMILY
MEMBER.
  S 8. Section 207 of the workers' compensation law is amended by adding
a new subdivision 5 to read as follows:
  5.  THE FOREGOING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FAMILY
LEAVE BENEFITS, AS FAMILY LEAVE BENEFITS ARE NOT AVAILABLE TO  EMPLOYEES
THAT  ARE  NOT  EMPLOYED AT THE TIME FAMILY LEAVE IS REQUESTED BY FILING
THE NOTICE AND MEDICAL CERTIFICATION REQUIRED BY THE CHAIR.
  S 9. Section 208 of the workers' compensation law, as added by chapter
600 of the laws of 1949, subdivision 1 as amended by chapter 314 of  the
laws of 2010, is amended to read as follows:
S. 6406--C                         99                         A. 9006--C
  S  208.  Payment of disability AND FAMILY LEAVE benefits.  1. Benefits
provided under this article shall be paid periodically and promptly and,
except as to a contested period of disability OR FAMILY  LEAVE,  without
any  decision by the board, OR DESIGNEE OF THE CHAIR PURSUANT TO SECTION
TWO  HUNDRED  TWENTY-ONE OF THIS ARTICLE.  The first payment of benefits
shall be due on the fourteenth day of disability  OR  FAMILY  LEAVE  and
benefits  for  that period shall be paid directly to the employee within
four business days thereafter or within four  business  days  after  the
filing  of  required  proof  of  claim, whichever is the later.   IF THE
EMPLOYER OR CARRIER REJECTS AN INITIAL CLAIM FOR FAMILY LEAVE  BENEFITS,
THE  EMPLOYER OR CARRIER MUST NOTIFY THE EMPLOYEE IN A MANNER PRESCRIBED
BY THE CHAIR WITHIN EIGHTEEN DAYS OF FILING OF THE PROOF OF CLAIM. FAIL-
URE TO TIMELY REJECT SHALL CONSTITUTE A WAIVER OF OBJECTION TO THE FAMI-
LY LEAVE CLAIM. Thereafter benefits shall be due and  payable  bi-weekly
in  like  manner.  The [chairman] CHAIR OR CHAIR'S DESIGNEE, PURSUANT TO
SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, may determine that bene-
fits may be paid monthly or semi-monthly if wages were so paid, and  may
authorize deviation from the foregoing requirements to facilitate prompt
payment  of benefits. Any inquiry which requires the employee's response
in order to continue benefits uninterrupted or unmodified shall  provide
a  reasonable  time  period  in which to respond and include a clear and
prominent statement of the deadline for responding and  consequences  of
failing to respond.
  2.  The [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may,
whenever such information is deemed necessary, require  any  carrier  to
file  in  form prescribed by the [chairman] CHAIR a report or reports as
to any claim or claims, including  (but  without  limitation)  dates  of
commencement  and termination of benefit payments and amount of benefits
paid under this article. The  [chairman]  CHAIR  AND  SUPERINTENDENT  OF
FINANCIAL  SERVICES  may also require annually information in respect to
the aggregate of benefits paid, the number of claims allowed and  disal-
lowed,  the average benefits and duration of benefit periods, the amount
of payrolls covered and such other information as the  [chairman]  CHAIR
may  deem  necessary  for the purposes of administering this article. If
the carrier is providing benefits in respect to more than one  employer,
the  [chairman]  CHAIR  AND  SUPERINTENDENT  OF  FINANCIAL  SERVICES may
require that such information be shown separately as to those  employers
who  are  providing only benefits that are substantially the same as the
benefits required in this article.   THE  CHAIR  AND  SUPERINTENDENT  OF
FINANCIAL  SERVICES  MAY  PRESCRIBE  THE  FORMAT  OF SUCH REPORT AND MAY
PROMULGATE REGULATIONS TO EFFECTUATE THIS ARTICLE.
  S 10. Section 209 of the workers' compensation law, as added by  chap-
ter  600 of the laws of 1949, subdivision 3 as amended by chapter 415 of
the laws of 1983 and subdivision 4 as amended by chapter 134 of the laws
of 1952, is amended to read as follows:
  S 209. Contribution of employees for disability AND FAMILY LEAVE bene-
fits. 1.  Every employee in the employment of a covered employer shall[,
on and after January first, nineteen hundred fifty,] contribute  to  the
cost of providing disability AND AFTER JANUARY FIRST, TWO THOUSAND EIGH-
TEEN, FAMILY LEAVE benefits under this article, to the extent and in the
manner herein provided.
  2.  The special contribution of each such employee to the accumulation
of funds to  provide  benefits  for  disabled  unemployed  shall  be  as
provided  in  subdivision  one  of  section two hundred fourteen OF THIS
ARTICLE.
S. 6406--C                         100                        A. 9006--C
  3. (A) DISABILITY BENEFITS. The contribution of each such employee  to
the  cost  of disability benefits provided by this article shall be one-
half of one per centum of the employee's wages paid to him OR HER on and
after July first, nineteen hundred fifty, but not  in  excess  of  sixty
cents per week.
  (B)  FAMILY  LEAVE BENEFITS. ON JUNE FIRST, TWO THOUSAND SEVENTEEN AND
ANNUALLY THEREAFTER ON SEPTEMBER FIRST, THE SUPERINTENDENT OF  FINANCIAL
SERVICES  SHALL SET THE MAXIMUM EMPLOYEE CONTRIBUTION, USING SOUND ACTU-
ARIAL PRINCIPLES AND THE REPORTS PROVIDED IN SECTION TWO  HUNDRED  EIGHT
OF  THIS  ARTICLE.  NO EMPLOYER SHALL BE REQUIRED TO FUND ANY PORTION OF
THE FAMILY LEAVE BENEFIT.
  4. Notwithstanding any other provision of law, the employer is author-
ized to collect from his OR HER employees, except as otherwise  provided
in  any  plan  or agreement under the provisions of subdivisions four or
five of section two hundred eleven OF  THIS  ARTICLE,  the  contribution
provided  under  subdivisions  two  and  three  OF THIS SECTION, through
payroll deductions. If the employer shall not  make  deduction  for  any
payroll  period  he  OR SHE may thereafter, but not later than one month
after payment  of  wages,  collect  such  contribution  through  payroll
deduction.
  5.  In  collecting  employee contributions through payroll deductions,
the employer shall act as the agent of his OR HER  employees  and  shall
use  the contributions only to provide disability AND FAMILY LEAVE bene-
fits as required by this article. IN NO EVENT MAY THE EMPLOYEE'S  ANNUAL
CONTRIBUTION  FOR FAMILY LEAVE EXCEED HIS OR HER PER CAPITA SHARE OF THE
ACTUAL ANNUAL PREMIUM CHARGED FOR THE SAME YEAR AND MUST  BE  DETERMINED
CONSISTENT  WITH THE PRINCIPLE THAT EMPLOYEES SHOULD PAY THE TOTAL COSTS
OF FAMILY LEAVE PREMIUM. IN NO EVENT MAY THE EMPLOYEE'S WEEKLY  CONTRIB-
UTION  FOR  DISABILITY  PREMIUM EXCEED ONE-HALF OF ONE PER CENTUM OF THE
EMPLOYEE'S WAGES PAID TO HIM OR HER, BUT NOT IN EXCESS  OF  SIXTY  CENTS
PER  WEEK. After June thirtieth, nineteen hundred fifty, if the employer
is not providing, or to the extent that he OR SHE is not then providing,
for the payment of disability benefits to his OR HER employees by insur-
ing with the state fund or with another insurance  carrier,  he  OR  SHE
shall  keep  the  contributions  of  his OR HER employees as trust funds
separate and apart from all other funds of the employer. The payment  of
such  contributions  by  the  employer  to  a  carrier providing for the
payment of such benefits shall discharge the employer from  responsibil-
ity with respect to such contributions.
  S  11. Section 210 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 210. Employer contributions. 1. Every covered employer shall, on and
after January first, nineteen hundred  fifty,  contribute  the  cost  of
providing  disability  benefits in excess of the contributions collected
from his OR HER employees, to the extent and in the manner  provided  in
this article.
  2.  The  special  contribution of each covered employer to the accumu-
lation of funds to provide benefits for disabled unemployed shall be  as
provided  in  subdivision  one  of  section two hundred fourteen OF THIS
ARTICLE.
  3. The contribution of every covered employer to the cost of providing
disability benefits after June thirtieth, nineteen hundred fifty,  shall
be  the  excess of such cost over the amount of the contributions of his
OR HER employees.
  4. No profit shall be  derived  by  any  employer  or  association  of
employers or of employees from providing payment of disability AND FAMI-
S. 6406--C                         101                        A. 9006--C
LY  LEAVE  benefits  under this article. All funds representing contrib-
utions of employers and  employees,  and  increments  thereon,  held  by
employers  or  associations  of  employers or of employees authorized or
permitted  to  pay benefits under the provisions of this article, and by
trustees paying benefits under plans or agreements meeting the  require-
ments  of  section  two  hundred  eleven OF THIS ARTICLE, shall be trust
funds and shall be expended only to provide for the payment of  benefits
to employees and for the costs of administering this article and for the
support  of  the  fund established under section two hundred fourteen OF
THIS ARTICLE.
  S 12. The opening paragraph and subdivisions 3, 4 and 5 of section 211
of the workers' compensation law, the  opening  paragraph  as  added  by
chapter 600 of the laws of 1949, subdivision 3 as amended by chapter 207
of  the laws of 1992, and subdivisions 4 and 5 as amended by chapter 197
of the laws of 1960, are amended, and two new subdivisions 7 and  8  are
added to read as follows:
  A  covered  employer  shall, with his OR HER own contributions and the
contributions of his employees, provide  disability  AND  AFTER  JANUARY
FIRST,  TWO  THOUSAND  EIGHTEEN,  FAMILY  LEAVE  benefits  to his OR HER
employees in one or more of the following ways:
  3. by furnishing satisfactory proof to  the  chair  of  the  employers
financial  ability  to  pay such benefits, in which case the chair shall
require the deposit of such securities as the chair may  deem  necessary
[of  the  kind prescribed in subdivisions one, two, three, four and five
and paragraph a of subdivision seven of section two hundred  thirty-five
of  the  banking law or the deposit of cash or the filing of irrevocable
letters of credit issued by a qualified banking institution  as  defined
by  rules promulgated by the chair or the filing of the bond of a surety
company authorized to do business in  this  state,  conditioned  on  the
payment  by  the  employer  of its obligations under this article and in
form approved by the chair, or the posting and filing of  a  combination
of such securities, cash, irrevocable letters of credit and surety bonds
in an amount to be determined by the chair, to secure his or her liabil-
ity  to  pay  the  compensation  provided in this chapter. The amount of
deposit or of the penal sum of the bond shall be determined by the chair
and shall not be less than one-half the estimated contributions  of  the
employees  of  the  employer  for  the  ensuing  year or one-half of the
contributions of the employees which would have been paid by the employ-
ees during the preceding year, whichever is  the  greater,  or  if  such
amount is more than fifty thousand dollars an amount not less than fifty
thousand dollars.  The chair shall have authority to deny an application
to  provide  benefits pursuant to this subdivision or to revoke approval
at any time for good cause shown. In the case of an employer  who  main-
tains  a deposit of securities, irrevocable letters of credit or cash in
accordance with subdivision three of section fifty of this chapter,  the
chair  may  reduce  the amount of the deposit or of the penal sum of the
bond, provided the securities, irrevocable letters  of  credit  or  cash
deposited  by  or  for  such employer under subdivision three of section
fifty of this chapter are, by agreement satisfactory to the chair,  made
available  for  the  payment  of unpaid benefits under this article with
respect to obligations incurred for disabilities commencing prior to the
effective date of such revocation] CONSISTENT  WITH  THE  PROVISIONS  OF
SUBDIVISION  THREE  OF SECTION FIFTY OF THIS CHAPTER.  An association of
employers or employees authorized to pay benefits under this article  or
the  trustee  or  trustees  paying  benefits  under  a plan or agreement
authorized under subdivisions four and five of this  section,  may  with
S. 6406--C                         102                        A. 9006--C
the  approval  of the chair furnish such proof and otherwise comply with
the provisions of this section to provide disability  AND  FAMILY  LEAVE
benefits to employees under such plan or agreement.
  4. by a plan in existence on the effective date of this article. If on
the  effective  date of this article the employees of a covered employer
or any class or classes of such employees are entitled to receive  disa-
bility AND FAMILY LEAVE benefits under a plan or agreement which remains
in  effect  on July first, nineteen hundred fifty, the employer, subject
to the requirements of this section, shall be relieved of responsibility
for making provision for benefit payments required  under  this  article
until  the  earliest  date,  determined  by the [chairman] CHAIR for the
purposes of this article, upon which the employer shall have  the  right
to  discontinue  the  provisions  thereof or to discontinue his contrib-
utions towards the cost. Any such plan or  agreement  may  be  extended,
with  or  without  modification,  by  agreement or collective bargaining
between an employer or employers or  association  of  employers  and  an
association  of  employees,  in  which  event  the  period for which the
employer is relieved of such responsibility shall include such period of
extension. Any other plan or agreement in  existence  on  the  effective
date  of  this  article  which the employer may, by his OR HER sole act,
terminate at any time, or with respect to which he OR SHE is  not  obli-
gated  to continue for any period to make contributions, may be accepted
by the [chairman] CHAIR as satisfying the obligation to provide for  the
payment  of  benefits  under  this  article  if  such  plan or agreement
provides benefits at least as favorable as  the  disability  AND  FAMILY
LEAVE  benefits  provided  by this article and does not require contrib-
utions of any employee or of any class or classes of employees in excess
of the statutory amount provided in SUBDIVISION  THREE  OF  section  two
hundred nine OF THIS ARTICLE, subdivision three, except by agreement and
provided  the  contribution  is  reasonably  related to the value of the
benefits as determined by the CHAIR [chairman]. The [chairman] CHAIR may
require that the employer shall enter into an agreement in writing  with
the  [chairman]  CHAIR that he OR SHE will pay the assessments set forth
in sections two hundred fourteen and two hundred twenty-eight  and  that
until  he  OR SHE shall have filed written notice with the CHAIR [chair-
man] of his OR HER election to terminate such plan or  agreement  or  to
discontinue  making  necessary contributions to its cost, he OR SHE will
continue to provide for the payment of the disability AND  FAMILY  LEAVE
benefits under such plan or agreement.
  During  any period in which any plan or agreement or extension thereof
authorized under this subdivision provides for payment of benefits under
this article, the responsibility of the employer and the obligations and
benefits of the employees shall be as provided in said plan or agreement
rather than as provided under this  article,  other  than  the  benefits
provided  in  section  two  hundred  seven, and provided the employer or
carrier has agreed to pay the  assessments  described  in  sections  two
hundred fourteen and two hundred twenty-eight.
  Any  such  plan or agreement may be extended with or without modifica-
tion, provided the benefits under such plan or agreement, as extended or
modified, shall be found by the [chairman]  CHAIR  to  be  at  least  as
favorable as the benefits provided by this article.
  5.  by a new plan or agreement. After the effective date of this arti-
cle, a new plan or agreement with a carrier may be accepted by the CHAIR
[chairman] as satisfying the obligation to provide for  the  payment  of
benefits  under  this  article  if  such plan or agreement shall provide
benefits at least as favorable as the disability AND FAMILY LEAVE  bene-
S. 6406--C                         103                        A. 9006--C
fits  provided by this article and does not require contributions of any
employee or of any class or classes of employees in excess of the statu-
tory amount provided in section two  hundred  nine,  subdivision  three,
except  by agreement and provided the contribution is reasonably related
to the value of the benefits as determined by the [chairman] CHAIR.  Any
such  plan  or  agreement shall continue until written notice filed with
the [chairman] CHAIR of intention to terminate such plan  or  agreement,
and  any  modification of such plan or agreement shall be subject to the
written approval of the [chairman] CHAIR.
  During any period in which any plan or agreement or extension  thereof
authorized under this subdivision provides for payment of benefits under
this article, the responsibility of the employer and the obligations and
benefits of the employees shall be as provided in said plan or agreement
rather  than  as  provided  under  this article, other than the benefits
provided in section two hundred seven,  and  provided  the  employer  or
carrier  has  agreed  to  pay  the assessments described in sections two
hundred fourteen and two hundred twenty-eight.
  7. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS
IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN  ACCORDANCE  WITH
APPLICABLE  PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF
SECTION FOUR THOUSAND TWO HUNDRED AND THIRTY-FIVE OF SUCH LAW.
  8. AN EMPLOYER PROVIDING  DISABILITY  BENEFITS  COVERAGE  PURSUANT  TO
SUBDIVISION  THREE  OF THIS SECTION MAY OBTAIN COVERAGE FOR FAMILY LEAVE
BENEFITS SEPARATELY PURSUANT TO SUBDIVISION ONE OR  SUBDIVISION  TWO  OF
THIS SECTION.
  S  13.  Subdivisions  1,  2,  4  and  5 of section 212 of the workers'
compensation law, subdivision 1 as amended by chapter 740 of the laws of
1960, subdivision 2 as amended by chapter  120  of  the  laws  of  1969,
subdivision  4 as amended by chapter 205 of the laws of 1993, and subdi-
vision 5 as added by chapter 593 of the laws of  1992,  are  amended  to
read as follows:
  1.  Any  employer  not  required  by  this  article to provide for the
payment of disability OR FAMILY LEAVE benefits to his employees,  or  to
any  class  or  classes  thereof, may become a covered employer or bring
within the provisions of this article such employees or class or classes
thereof by voluntarily electing to provide for payment of such  benefits
in  one  or  more of the ways set forth in section two hundred eleven OF
THIS ARTICLE; but such election shall be subject to the approval of  the
[chairman] CHAIR, and if the employees are required to contribute to the
cost of such benefits the assent within thirty days before such approval
is  granted,  of more than one-half of such employees shall be evidenced
to the satisfaction of the [chairman] CHAIR.  On approval by the [chair-
man] CHAIR of such election to provide benefits, all the  provisions  of
this  article  shall  become  and continue applicable as if the employer
were a covered employer as defined in this article.  The  obligation  to
continue  as  a  covered  employer  with  respect  to employees for whom
provision of benefits is not required under this article, may be discon-
tinued by such employer on ninety days notice to the [chairman] CHAIR in
writing and to his OR HER employees, after he OR SHE  has  provided  for
payment  of  benefits for not less than one year and with such provision
for payment of obligations incurred on and prior to the termination date
as the [chairman] CHAIR may approve.
  2. Notwithstanding the definition of "employer"  and  "employment"  in
section two hundred one of this article, a public authority, a municipal
corporation or a fire district or other political subdivision may become
a  covered  employer  FOR  THE  PURPOSE OF PROVIDING DISABILITY BENEFITS
S. 6406--C                         104                        A. 9006--C
under this article by complying with the provisions of  subdivision  one
of this section and may discontinue such status only as provided in that
subdivision.
  4.  (A)  An executive officer of a corporation who at all times during
the period involved owns all of the issued and outstanding stock of  the
corporation  and  holds  all of the offices pursuant to paragraph (e) of
section seven hundred fifteen of the business  corporation  law  or  two
executive  officers  of a corporation who at all times during the period
involved between them own all of the issued  and  outstanding  stock  of
such  corporation and hold all such offices provided, however, that each
officer must own at least one share of stock and who  is  the  executive
officer  or who are the executive officers of a corporation having other
persons who are employees required to be  covered  under  this  article,
shall be deemed to be included in the corporation's disability AND FAMI-
LY  LEAVE  benefits  insurance  contract  or covered by a certificate of
self-insurance or a plan under section two hundred eleven of this  arti-
cle, unless the officer or officers elect to be excluded from the cover-
age of this article. Such election shall be made by any such corporation
filing  with the insurance carrier, or the chair of the workers' compen-
sation board in the case of self-insurance, upon a  form  prescribed  by
the  [chairman]  CHAIR,  a notice that the corporation elects to exclude
the executive officer or officers  of  such  corporation  named  in  the
notice  from the coverage of this article. Such election shall be effec-
tive with respect to all policies issued to  such  corporation  by  such
insurance  carrier  as  long  as it shall continuously insure the corpo-
ration. Such election shall be final  and  binding  upon  the  executive
officer  or  officers  named  in  the notice until revoked by the corpo-
ration.
  (B) NOTWITHSTANDING  THE  DEFINITION  OF  "EMPLOYER"  IN  SECTION  TWO
HUNDRED  ONE  OF  THIS  ARTICLE,  A SOLE PROPRIETOR, MEMBER OF A LIMITED
LIABILITY COMPANY OR LIMITED LIABILITY PARTNERSHIP,  OR  OTHER  SELF-EM-
PLOYED  PERSON  MAY  BECOME  A  COVERED  EMPLOYER  UNDER THIS ARTICLE BY
COMPLYING WITH THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
  5. A spouse who is an employee of a covered employer shall  be  deemed
to  be  included  in the employer's disability AND FAMILY LEAVE benefits
insurance contract or covered by a certificate of  self-insurance  or  a
plan  under  section  two  hundred  eleven  of  this article, unless the
employer elects to exclude such spouse from the coverage of  this  arti-
cle.  Such  election  shall be made by any such employer filing with the
insurance carrier, or the chair of the workers'  compensation  board  in
the  case  of  self-insurance,  upon  a  form prescribed by the chair, a
notice that the employer elects to exclude  such  spouse  named  in  the
notice  from the coverage of this article. Such election shall be effec-
tive with respect to all policies issued to such employer by such insur-
ance carrier as long as it shall continuously insure the employer.  Such
election shall be final and binding upon the spouse named in the  notice
until revoked by the employer.
  S  14.  The  workers'  compensation  law  is amended by adding two new
sections 212-a and 212-b to read as follows:
  S 212-A. NOTWITHSTANDING THE DEFINITION OF "EMPLOYER" AND "EMPLOYMENT"
SET FORTH IN SECTION TWO HUNDRED ONE OF THIS ARTICLE AND THE REQUIREMENT
FOR INSURANCE POLICIES TO OFFER BOTH DISABILITY AND FAMILY LEAVE  COVER-
AGE  SET FORTH IN TWO HUNDRED TWENTY SIX OF THIS ARTICLE, THE STATE, ANY
POLITICAL SUBDIVISION OF THE STATE, A  PUBLIC  AUTHORITY  OR  ANY  OTHER
GOVERNMENTAL  AGENCY  OR  INSTRUMENTALITY, MAY ELECT TO BECOME A COVERED
EMPLOYER SOLELY FOR THE PURPOSE OF FAMILY LEAVE BENEFITS.  COVERAGE  FOR
S. 6406--C                         105                        A. 9006--C
FAMILY  LEAVE BENEFITS MAY BE SECURED BY A PUBLIC EMPLOYER, AS THAT TERM
IS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED  TWELVE-B  OF  THIS
ARTICLE,  AS  PERMITTED BY THIS ARTICLE, INCLUDING AS APPLICABLE SECTION
TWO HUNDRED ELEVEN, SUBDIVISION FOUR OF SECTION FIFTY, OR SECTION EIGHT-
Y-EIGHT-C. THE PROVIDER OF FAMILY LEAVE COVERAGE FOR SUCH PUBLIC EMPLOY-
EES  SHALL  BE EXEMPT FROM THE REQUIREMENT THAT INSURANCE POLICIES OFFER
BOTH DISABILITY AND FAMILY LEAVE BENEFITS IN SECTION TWO  HUNDRED  TWEN-
TY-SIX OF THIS ARTICLE.
  S 212-B. PUBLIC EMPLOYEES; PUBLIC EMPLOYEES REPRESENTED BY AN EMPLOYEE
ORGANIZATION; EMPLOYEE OPT IN.
  1.  FOR PURPOSES OF THIS SECTION, "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE
OF THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY
OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY.  "PUBLIC  EMPLOYER"
MEANS  THE  STATE,  ANY  POLITICAL  SUBDIVISION  OF  THE STATE, A PUBLIC
AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR  INSTRUMENTALITY  THEREOF.
"EMPLOYEE ORGANIZATION" SHALL HAVE THE SAME MEANING SET FORTH IN SECTION
TWO HUNDRED ONE OF THE CIVIL SERVICE LAW.
  2.  PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY LEAVE TO PUBLIC
EMPLOYEES IN ACCORDANCE WITH THE  PROCEDURES  AND  TERMS  SET  FORTH  IN
SUBDIVISION THREE OF THIS SECTION.
  3.  (A)  AN EMPLOYEE ORGANIZATION MAY, PURSUANT TO COLLECTIVE BARGAIN-
ING, OPT IN TO PAID FAMILY LEAVE BENEFITS  ON  BEHALF  OF  THOSE  PUBLIC
EMPLOYEES  IT IS EITHER CERTIFIED OR RECOGNIZED TO REPRESENT, WITHIN THE
MEANING OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.   NOTHING IN  THIS
SECTION  SHALL  PROHIBIT  AN  AGREEMENT  TO  OPT IN TO PAID FAMILY LEAVE
BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC EMPLOYER.  AN  EMPLOYEE
ORGANIZATION THAT HAS OPTED IN TO PAID FAMILY LEAVE BENEFITS MAY, PURSU-
ANT  TO  COLLECTIVE BARGAINING, OPT OUT OF IT AS IS MUTUALLY AGREED UPON
BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC EMPLOYER.
  B. FOR PUBLIC EMPLOYEES WHO ARE NOT REPRESENTED BY AN EMPLOYEE  ORGAN-
IZATION,  THE  PUBLIC  EMPLOYER MAY OPT-IN TO PAID FAMILY LEAVE BENEFITS
WITHIN NINETY DAYS NOTICE TO SUCH PUBLIC EMPLOYEES. FOLLOWING OPT-IN  BY
A  PUBLIC  EMPLOYER  FOR PUBLIC EMPLOYEES NOT REPRESENTED BY AN EMPLOYEE
ORGANIZATION, THE PUBLIC EMPLOYER MAY OPT-OUT OF PAID FAMILY LEAVE BENE-
FITS WITH TWELVE MONTHS NOTICE TO THOSE PUBLIC EMPLOYEES.
  4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY  NEGOTI-
ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC
EMPLOYER  MAY  REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO
PROVIDE THE MAXIMUM EMPLOYEE CONTRIBUTION, AS DEFINED IN  PARAGRAPH  (B)
OF SUBDIVISION THREE OF SECTION TWO HUNDRED NINE OF THIS ARTICLE.
  S  15.  Subdivision 1 of section 213 of the workers' compensation law,
as amended by chapter 784 of the laws of 1980,  is  amended  and  a  new
subdivision 3 is added to read as follows:
  1.  Whenever  a  covered employer does not comply with this article by
providing for the payment of disability AND FAMILY LEAVE benefits to his
OR HER employees in one or more of the  ways  provided  in  section  two
hundred  eleven  OF  THIS ARTICLE or whenever a carrier fails to pay the
benefits required by this article to employees of  a  covered  employer,
then  such employer shall be fully and directly liable to each of his OR
HER employees for the payment of benefits provided by this article.  The
amount of the benefits to which employees of such employers are entitled
under  this  article and attendance fees of [their] ANY attending physi-
cians or attending podiatrists OR HEALTH CARE PROVIDER fixed pursuant to
subdivision two of section two hundred thirty-two OF THIS ARTICLE shall,
on order of the [chairman] CHAIR, be paid out of  the  fund  established
under section two hundred fourteen OF THIS ARTICLE.  In case of non-com-
S. 6406--C                         106                        A. 9006--C
pliance  of  the  employer,  such  employer  shall  forthwith pay to the
[chairman] CHAIR, for credit to the fund, the sum  so  expended  or  one
[per  cent]  PERCENT  of  his OR HER payroll for his OR HER employees in
employment  during  the  period of non-compliance, whichever is greater;
provided, however, that if it shall appear to the  satisfaction  of  the
[chairman] CHAIR that the default in payment of benefits or the non-com-
pliance  of the employer otherwise with his OR HER obligation under this
article was inadvertent, the [chairman] CHAIR may fix the sum payable in
such case for non-compliance or default at the amount paid  out  of  the
fund  and a sum less than one [per cent] PERCENT of such payroll, and in
addition the penalties for non-compliance imposed under this article. In
case of failure of the carrier  to  pay  benefits,  the  employer  shall
forthwith  pay  to the [chairman] CHAIR, for credit to the fund, the sum
so expended.
  3. THE PROVISIONS OF SECTION ONE HUNDRED FORTY-ONE-B OF  THIS  CHAPTER
SHALL  NOT  APPLY TO VIOLATIONS OF THIS SECTION AFTER JANUARY FIRST, TWO
THOUSAND EIGHTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY.  THERE-
AFTER,  IN THE EVENT AN EMPLOYER IS SUBJECT TO DEBARMENT SOLELY DUE TO A
PENALTY FOR VIOLATION OF THIS SECTION, THE CHAIR MAY, IN  THE  INTERESTS
OF  JUSTICE, RESTORE THE EMPLOYER'S ELIGIBILITY TO SUBMIT A BID ON OR BE
AWARDED ANY PUBLIC WORK CONTRACT OR SUBCONTRACT. THE CHAIR MAY  EXERCISE
THIS  AUTHORITY  ONLY  IF  IT  IS THE EMPLOYER'S FIRST TIME VIOLATION OF
SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER;  THE  EMPLOYER  IS  NOT
LIABLE  FOR  ANY OUTSTANDING WORKERS' COMPENSATION, DISABILITY OR FAMILY
LEAVE CLAIMS AS A RESULT OF THE LACK OF COVERAGE; AND THE  EMPLOYER  HAS
PAID  ALL  FINES, ASSESSMENTS, AND PENALTIES ASSOCIATED WITH THE LACK OF
COVERAGE.
  S 16. Section 217 of the workers' compensation law, as added by  chap-
ter  600 of the laws of 1949, subdivision 1 as amended by chapter 167 of
the laws of 1999, subdivisions 2 and 3 as amended by chapter 270 of  the
laws of 1990, and subdivision 6 as amended by chapter 344 of the laws of
1994, is amended to read as follows:
  S  217.  Notice  and  proof of claim.   1. Written notice and proof of
disability OR PROOF OF NEED FOR FAMILY LEAVE shall be furnished  to  the
employer  by  or  on behalf of the employee claiming benefits or, in the
case of a claimant under section two hundred seven of this  article,  to
the  chair, within thirty days after commencement of the period of disa-
bility. Additional proof shall be furnished thereafter from time to time
as the employer or carrier or chair may require but not more often  than
once  each  week.  Such proof shall include a statement of disability by
the employee's attending physician or attending podiatrist or  attending
chiropractor or attending dentist or attending psychologist or attending
certified  nurse  midwife  OR  FAMILY LEAVE CARE RECIPIENT'S HEALTH CARE
PROVIDER, or in the case of an employee who  adheres  to  the  faith  or
teachings  of any church or denomination, and who in accordance with its
creed, tenets or principles depends  for  healing  upon  prayer  through
spiritual  means  alone  in  the  practice of religion, by an accredited
practitioner, containing facts and opinions as  to  such  disability  in
compliance  with  regulations of the chair. Failure to furnish notice or
proof within the time and in the manner above provided shall not invali-
date the claim but no benefits shall be required  to  be  paid  for  any
period more than two weeks prior to the date on which the required proof
is  furnished  unless it shall be shown to the satisfaction of the chair
not to have been reasonably possible to furnish such notice or proof and
that such notice or proof was furnished as soon as  possible;  provided,
however,  that  no  benefits  shall be paid unless the required proof of
S. 6406--C                         107                        A. 9006--C
disability is furnished within [twenty-six weeks after  commencement  of
the  period  of  disability]  THE  PERIOD OF ACTUAL DISABILITY OR FAMILY
LEAVE THAT DOES NOT EXCEED THE STATUTORY MAXIMUM PERIOD PERMITTED  UNDER
SECTION  TWO  HUNDRED  FOUR  OF  THIS  ARTICLE.    No limitation of time
provided in this section shall run  as  against  any  [person]  DISABLED
EMPLOYEE who is mentally incompetent, or physically incapable of provid-
ing  such  notice as a result of a serious medical condition, or a minor
so long as such person has no guardian of the person and/or property.
  2. An employee claiming DISABILITY benefits shall, as requested by the
employer or carrier, submit himself or herself  at  intervals,  but  not
more  than  once a week, for examination by a physician or podiatrist or
chiropractor or dentist  or  psychologist  or  certified  nurse  midwife
designated  by  the  employer or carrier. All such examinations shall be
without cost to the employee and shall be held at a reasonable time  and
place.
  3.  The  chair  OR  CHAIR'S  DESIGNEE, PURSUANT TO SECTION TWO HUNDRED
TWENTY-ONE OF THIS ARTICLE, may direct the claimant OR FAMILY LEAVE CARE
RECIPIENT to submit to examination by  a  [physician  or  podiatrist  or
chiropractor or dentist or psychologist] HEALTH CARE PROVIDER designated
by  him  or  her  in any case in which the claim to disability OR FAMILY
LEAVE benefits is contested and in  claims  arising  under  section  two
hundred  seven OF THIS ARTICLE, and in other cases as the chair or board
may require.
  4. Refusal of the claimant OR FAMILY LEAVE CARE RECIPIENT without good
cause to submit to any  such  examination  shall  disqualify  [him]  THE
CLAIMANT  OR EMPLOYEE from all benefits hereunder for the period of such
refusal, except as to benefits already paid.
  5. If benefits required to be paid by this article have been  paid  to
an  employee,  further  payments for the same disability OR FAMILY LEAVE
shall not be barred solely because of failure to give notice or to  file
proof  of  disability  for the period or periods for which such benefits
have been paid.
  6. In the event that a claim for DISABILITY benefits is rejected,  the
carrier  or  employer  shall  send by first class mail written notice of
rejection to the [claimant] EMPLOYEE  within forty-five days of  receipt
of proof of disability. Failure to mail such written notice of rejection
within  the  time  provided,  shall  bar  the  employer  or carrier from
contesting entitlement to benefits for any period of disability prior to
such notice but such failure may be excused by the [chairman]  CHAIR  if
it  can be shown to the satisfaction of the [chairman] CHAIR not to have
been reasonably possible to mail such notice and that  such  notice  was
mailed as soon as possible.  Such notice shall include a statement, in a
form  prescribed by the [chairman] CHAIR, to the effect that the [claim-
ant] EMPLOYEE may, for the purpose of review [by the board], file  [with
the  chairman]  notice  that  his  or her claim has not been paid AS SET
FORTH IN SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE.
  S 17. Section 219 of the workers'  compensation  law,  as  amended  by
chapter 688 of the laws of 1953, is amended to read as follows:
  S  219. Enforcement of payment in default. In case of a default in the
payment of any benefits, assessments or  penalties  payable  under  this
article  by  an employer who has failed to comply with the provisions of
section two hundred eleven of this [chapter] ARTICLE or refusal of  such
employer  to  reimburse  the  fund under section two hundred fourteen OF
THIS ARTICLE for the expenditures made therefrom pursuant to section two
hundred thirteen OF THIS ARTICLE or to deposit  within  ten  days  after
demand  the  estimated  value  of  benefits  not  presently payable, the
S. 6406--C                         108                        A. 9006--C
[chairman] CHAIR may file with the county clerk for the county in  which
the employer has his principal place of business (1) a certified copy of
the decision of the board, OR ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION
DESIGNATED  BY  THE  CHAIR PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF
THIS ARTICLE, or order of the [chairman] CHAIR, or (2) a certified  copy
of  the  demand  for deposit of security, and thereupon judgment must be
entered in the supreme court by the clerk of such county  in  conformity
therewith immediately upon such filing.
  S  18. Section 220 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, subdivision 1 as amended by chapter 387  of
the laws of 1984, subdivision 2 as amended by chapter 626 of the laws of
1979,  subdivision  3  as  amended  by  chapter 415 of the laws of 1983,
subdivision 4 as amended by chapter 645 of the laws of 1981, subdivision
5 as amended by chapter 940 of  the  laws  of  1973,  subdivision  7  as
amended  by  chapter 61 of the laws of 1989 and subdivision 8 as amended
by chapter 213 of the laws of 1993, is amended to read as follows:
  S 220. Penalties. 1. Any employer who  fails  to  make  provision  for
payment  of  disability  OR FAMILY LEAVE benefits as required by section
two hundred eleven of this article within ten days following the date on
which such employer becomes a covered employer as defined in section two
hundred two OF THIS ARTICLE shall be guilty of a  misdemeanor  and  upon
conviction be punishable by a fine of not less than one hundred nor more
than  five hundred dollars or imprisonment for not more than one year or
both, except that where any person has previously been  convicted  of  a
failure  to  make  provisions  for payment of disability OR FAMILY LEAVE
benefits within the preceding five years, upon conviction for  a  second
violation such person shall be fined not less than two hundred fifty nor
more  than  one  thousand  two  hundred fifty dollars in addition to any
other penalties including fines otherwise  provided  by  law,  and  upon
conviction  for a third or subsequent violation such person may be fined
up to two thousand five hundred dollars in addition to any other  penal-
ties  including fines otherwise provided by law. Where the employer is a
corporation, the president, secretary, treasurer, or officers exercising
corresponding functions, shall each be liable under this section.
  2. The [chairman] CHAIR or any officer of the board designated by  him
OR  HER,  upon finding that an employer has failed to make provision for
the payment of disability OR FAMILY LEAVE benefits,  shall  impose  upon
such  employer a penalty not in excess of a sum equal to one-half of one
per centum of his OR HER weekly payroll for the period of  such  failure
and  a  further  sum  not  in excess of five hundred dollars, which sums
shall be paid into the fund created under section two  hundred  fourteen
OF THIS ARTICLE.
  3.  If  for  the purpose of obtaining any benefit or payment under the
provisions of this article, or for the purpose of influencing any deter-
mination regarding any benefit payment, either for himself OR HERSELF or
any other person, any person, employee,  employer  or  carrier  wilfully
makes a false statement or representation or fails to disclose a materi-
al fact, he OR SHE shall be guilty of a misdemeanor.
  4.  Whenever a carrier shall fail to make prompt payment of disability
OR FAMILY LEAVE benefits payable under this article  and  after  hearing
before  an officer designated by the [chairman] CHAIR OR A DETERMINATION
BY THE CHAIR'S DESIGNEE, PURSUANT TO SECTION TWO HUNDRED  TWENTY-ONE  OF
THIS  ARTICLE,  for that purpose, the [chairman] CHAIR OR DESIGNEE shall
determine that failure to make such  prompt  payment  was  without  just
cause, the [chairman] CHAIR OR DESIGNEE, PURSUANT TO SECTION TWO HUNDRED
TWENTY-ONE  OF THIS ARTICLE, shall collect from the carrier a sum not in
S. 6406--C                         109                        A. 9006--C
excess of twenty-five per centum of the amount of  the  benefits  as  to
which the carrier failed to make payment, which sum shall be credited to
the  special  fund  for disability benefits. In addition, the [chairman]
CHAIR  OR  DESIGNEE,  PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS
ARTICLE, may collect and pay over to the employee the sum of ten dollars
in respect to each week, or fraction thereof, for  which  benefits  have
not been promptly paid.
  5.  In  addition  to  other  penalties herein provided, the [chairman]
CHAIR OR DESIGNEE shall remove from the list of physicians authorized to
render medical care under the  provisions  of  articles  one  to  eight,
inclusive,  of  this chapter and from the list of podiatrists authorized
to render podiatric care under section thirteen-k of this  chapter,  and
from  the  list  of chiropractors authorized to render chiropractic care
under section thirteen-l of this chapter the name of  any  physician  or
podiatrist  or chiropractor whom [he] THE CHAIR OR DESIGNEE, PURSUANT TO
SECTION TWO HUNDRED  TWENTY-ONE  OF  THIS  ARTICLE,  shall  find,  after
reasonable  investigation,  has  submitted to the employer or carrier or
[chairman] CHAIR in connection with any claim  for  disability  benefits
under  this  article, a statement of disability that is not truthful and
complete.
  6. In addition to other penalties herein provided, any person who  for
the  purpose  of  obtaining any benefit or payment under this article or
for the purpose of influencing any determination regarding  any  benefit
payment,  knowingly  makes  a  false statement with regard to a material
fact, shall not be entitled to receive  benefits  with  respect  to  the
disability  claimed  or  any  disability  benefits  during the period of
twelve calendar months thereafter; but this penalty shall not be applied
more than once with respect to each such offense.
  7. All fines imposed under subdivisions one and three OF THIS SECTION,
except as herein otherwise provided, shall be paid  directly  and  imme-
diately  by  the  officer  collecting the same to the chair, and be paid
into  the  state  treasury,  provided,  however,  that  all  such  fines
collected  by  justices  of  the  peace  of towns and police justices of
villages shall be paid to the state comptroller in accordance  with  the
provisions  of  section  twenty-seven  of  the town law [and section one
hundred eighty-five of the village law, respectively].
  8. (a) The head of a state or municipal department, board,  commission
or  office  authorized  or required by law to issue any permit for or in
connection with any  work  involving  the  employment  of  employees  in
employment  as  defined in this article, and notwithstanding any general
or special statute requiring or authorizing the issue of  such  permits,
shall not issue such permit unless proof duly subscribed by an insurance
carrier  is  produced  in  a  form  satisfactory  to the chair, that the
payment of disability benefits AND AFTER  JANUARY  FIRST,  TWO  THOUSAND
TWENTY-ONE,  THE  PAYMENT OF FAMILY LEAVE BENEFITS for all employees has
been secured as provided by this  article.    Nothing  herein,  however,
shall  be  construed as creating any liability on the part of such state
or municipal department, board, commission or office to pay any disabil-
ity benefits to any such employee if so employed.
  (b) The head of a state or municipal department, board, commission  or
office  authorized  or required by law to enter into any contract for or
in connection with any work involving the  employment  of  employees  in
employment  as  defined in this article, and notwithstanding any general
or special statute requiring or authorizing any such contract, shall not
enter into any such contract unless proof duly subscribed by  an  insur-
ance  carrier  is produced in a form satisfactory to the chair, that the
S. 6406--C                         110                        A. 9006--C
payment of disability benefits AND AFTER  JANUARY  FIRST,  TWO  THOUSAND
EIGHTEEN,  THE  PAYMENT  OF  FAMILY LEAVE BENEFITS for all employees has
been secured as provided by this article.
  S  19.  Section  221  of  the workers' compensation law, as separately
amended by chapters 425 and 500 of the laws of 1985, is amended to  read
as follows:
  S  221.  Determination  of  contested claims for disability AND FAMILY
LEAVE benefits.   [Within twenty-six weeks]  IN  ACCORDANCE  WITH  REGU-
LATIONS  ADOPTED BY THE CHAIR, WITHIN TWENTY-SIX WEEKS of written notice
of rejection of claim, the employee may file with the [chairman] CHAIR a
notice that his or her claim for disability OR FAMILY LEAVE benefits has
not been paid, and the employee shall  submit  proof  of  disability  OR
ENTITLEMENT  TO  FAMILY  LEAVE  and  of his or her employment, wages and
other facts reasonably necessary for  determination  of  the  employee's
right  to  such  benefits.  Failure  to file such notice within the time
provided, may be excused [by the chairman] if it can be  shown  [to  the
satisfaction  of  the  chairman] not to have been reasonably possible to
furnish such notice and that such notice was furnished as soon as possi-
ble.  On demand [of the chairman] the employer or carrier  shall  forth-
with  deliver to the [chairman] BOARD the original or a true copy of the
[attending physician's or attending podiatrist's or  accredited  practi-
tioner's  statement]  HEALTH CARE PROVIDER'S REPORT, wage and employment
data and all other [papers]  DOCUMENTATION  in  the  possession  of  the
employer or carrier with respect to such claim.
  The  [board] CHAIR OR DESIGNEE, shall have full power and authority to
determine all issues in relation to  every  such  claim  for  disability
benefits  required  or  provided  under this article, and shall file its
decision in the office of the chairman. Upon such filing,  the  chairman
shall send to the parties a copy of the decision. Either party may pres-
ent evidence and be represented by counsel at any hearing on such claim.
The  decision  of  the  board shall be final as to all questions of fact
and, except as provided in section twenty-three of this chapter,  as  to
all  questions  of law.  Every decision [of the board] shall be complied
with in accordance with its terms within ten days thereafter except  [in
case  of  appeal]  AS  PERMITTED BY LAW UPON THE FILING OF A REQUEST FOR
REVIEW, and any payments due  under  such  decision  shall  draw  simple
interest  from thirty days after the making thereof at the rate provided
in section five thousand four of the civil practice law and  rules.  THE
CHAIR  SHALL  ADOPT RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF
THIS ARTICLE INCLUDING BUT NOT LIMITED TO RESOLUTION OF CONTESTED CLAIMS
AND REQUESTS FOR REVIEW THEREOF, AND PAYMENT OF COSTS FOR RESOLUTION  OF
DISPUTED  CLAIMS  BY CARRIERS.   ANY DESIGNATED PROCESS SHALL AFFORD THE
PARTIES THE OPPORTUNITY TO PRESENT EVIDENCE AND  TO  BE  REPRESENTED  BY
COUNSEL  IN  ANY SUCH PROCEEDING.  THE CHAIR SHALL HAVE THE AUTHORITY TO
PROVIDE FOR ALTERNATIVE DISPUTE RESOLUTION PROCEDURES FOR CLAIMS ARISING
UNDER FAMILY LEAVE, INCLUDING BUT NOT LIMITED TO REFERRAL AND SUBMISSION
OF DISPUTED CLAIMS TO A NEUTRAL ARBITRATOR  UNDER  THE  AUSPICES  OF  AN
ALTERNATIVE  DISPUTE RESOLUTION ASSOCIATION PURSUANT TO ARTICLE SEVENTY-
FIVE OF THE CIVIL PRACTICE LAW AND RULES. NEUTRAL ARBITRATOR SHALL  MEAN
AN  ARBITRATOR  WHO  DOES NOT HAVE A MATERIAL INTEREST IN THE OUTCOME OF
THE ARBITRATION PROCEEDING OR AN EXISTING AND SUBSTANTIAL  RELATIONSHIP,
INCLUDING  BUT NOT LIMITED TO PECUNIARY INTERESTS, WITH A PARTY, COUNSEL
OR REPRESENTATIVE OF A PARTY.   ANY DETERMINATION  MADE  BY  ALTERNATIVE
DISPUTE  RESOLUTION  SHALL  NOT BE REVIEWABLE BY THE BOARD AND THE VENUE
FOR ANY APPEAL SHALL BE TO A COURT OF COMPETENT JURISDICTION.
S. 6406--C                         111                        A. 9006--C
  S 20. Section 222 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S  222.  Technical  rules  of evidence or procedure not required.  The
[chairman or] CHAIR, the board OR  THE  CHAIR'S  DESIGNEE,  PURSUANT  TO
SECTION  TWO  HUNDRED  TWENTY-ONE OF THIS ARTICLE, in making an investi-
gation or inquiry or conducting a hearing shall not be bound  by  common
law  or  statutory  rules of evidence or by technical or formal rules of
procedure, except as provided by this chapter; but may make such  inves-
tigation  or inquiry or conduct such hearing in such manner as to ascer-
tain the substantial rights of the parties.
  S 21. Sections 223 and 224 of the workers' compensation  law,  section
223  as added by chapter 600 of the laws of 1949, section 224 as amended
by chapter 334 of the laws of 1978, are amended to read as follows:
  S 223. Modification of board decisions or orders. Upon its own  motion
or  upon  the application of any party in interest, the board may at any
time review any decision or order REGARDING DISABILITY BENEFITS and,  on
such  review,  may make a decision ending, diminishing or increasing the
DISABILITY benefits previously  ordered,  and  shall  state  the  reason
therefor.   Upon  the  filing  of  such  decision  REGARDING  DISABILITY
BENEFITS, the [chairman] CHAIR shall send to each of the parties a  copy
thereof.  No  such  review shall affect any previous decision as regards
any moneys REGARDING DISABILITY BENEFITS already  paid,  except  that  a
decision  increasing  the  DISABILITY benefit rate may be made effective
from date of commencement of disability, and except that, if any part of
the DISABILITY benefits due is unpaid, a decision decreasing  the  DISA-
BILITY benefit rate may be made effective from the commencement of disa-
bility,  and any payments made prior thereto in excess of such decreased
rate shall be deducted from future DISABILITY benefits  in  such  manner
and by such method as may be determined by the board.
  S  224.  Appeals.  All  the provisions of section twenty-three of this
chapter with respect to decisions of the board  and  appeals  from  such
decisions  shall  be  applicable  to  decisions of the board [under this
article] REGARDING DISABILITY BENEFITS and to appeals  from  such  deci-
sions  REGARDING  DISABILITY BENEFITS as fully in all respects as if the
provisions of section twenty-three OF THIS CHAPTER were fully set  forth
in  this  article  except that reimbursement FOR DISABILITY BENEFITS, if
required, following modification or rescission upon appeal shall be paid
from administrative expenses as provided in section two hundred  twenty-
eight of this article.
  S  22. Section 225 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 225. Fees for representing employees. Claims of attorneys and  coun-
sellors-at-law for services in connection with any contested claim aris-
ing  under  this article shall not be enforceable unless approved by the
board. If so approved, such fee or fees shall become  a  lien  upon  the
benefits  ordered,  but shall be paid therefrom only in the manner fixed
by the board OR THE ALTERNATIVE DISPUTE  RESOLUTION  ASSOCIATION.    Any
other  person, firm, corporation, organization, or other association who
shall exact or receive any fee or gratuity for any services rendered  on
behalf  of  an employee except in an amount SO determined [by the board]
shall be guilty of a misdemeanor. Any person, firm, corporation,  organ-
ization,  or  association  who  shall solicit the business [of appearing
before the board on behalf] of an employee claiming benefits under  this
article,  or  who  shall  make it a business to solicit employment for a
lawyer in connection with any claim for disability OR FAMILY LEAVE bene-
fits under this article, or who shall exact or receive any fee or gratu-
S. 6406--C                         112                        A. 9006--C
ity or other charge with respect to the collection  of  any  uncontested
claim  for  disability  OR  FAMILY  LEAVE benefits, shall be guilty of a
misdemeanor.
  S  23.  Subdivision 5 of section 226 of the workers' compensation law,
as amended by chapter 211 of the laws of 1983, is amended and three  new
subdivisions 7, 8 and 9 are added to read as follows:
  5.  No  contract of insurance issued by an insurance carrier providing
the benefits to be paid under this article shall be cancelled within the
time limited in such contract for its expiration unless notice is  given
as  required by this section. When cancellation is due to non-payment of
premiums such cancellation shall not be effective  until  at  least  ten
days  after  a notice of cancellation of such contract, on a date speci-
fied in such notice, shall be filed in  the  office  of  the  [chairman]
CHAIR  and  also served on the employer. When cancellation is due to any
reason other than non-payment of premiums such cancellation shall not be
effective until at least thirty days after a notice of  cancellation  of
such contract, on a date specified in such notice, shall be filed in the
office  of  the  [chairman]  CHAIR  and  also  served  on  the employer;
provided, however, in either case that if insurance with another  insur-
ance  carrier  has  been  obtained  which becomes effective prior to the
expiration of the time stated in such notice, the cancellation shall  be
effective  as  of  the date of such other coverage. Such notice shall be
served on the employer [by] AS PRESCRIBED BY THE CHAIR, INCLUDING deliv-
ering it to him [or by sending  it  by  certified  or  registered  mail,
return  receipt  requested, addressed to the employer at his or its last
known place of business] OR HER BY ELECTRONIC MEANS; provided  that,  if
the  employer be a partnership, then such notice may be given to any one
of the partners, and if the employer be a corporation  then  the  notice
may  be given to any agent or officer of the corporation upon whom legal
process may be served, provided, however, the right to cancellation of a
policy of insurance in the  state  fund  shall  be  exercised  only  for
nonpayment  of  premiums  or  as provided in section ninety-four of this
chapter.
  7. THE CHAIR MAY REQUIRE BY REGULATION THAT  EVERY  POLICY  OF  FAMILY
LEAVE  INSURANCE  CONTAIN  A  PROVISION  REQUIRING  THAT ALL DISPUTES BE
RESOLVED BY DESIGNATED ALTERNATIVE DISPUTE RESOLUTION PROCESS IN ACCORD-
ANCE WITH SUCH REGULATIONS.
  8. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS
IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN  ACCORDANCE  WITH
APPLICABLE  PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF
SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW.
  9. EXCEPT AS SET FORTH IN SUBDIVISION EIGHT  OF  SECTION  TWO  HUNDRED
ELEVEN  OF  THIS  ARTICLE,  EVERY POLICY OF INSURANCE ISSUED PURSUANT TO
THIS ARTICLE MUST OFFER COVERAGE FOR BOTH DISABILITY  AND  FAMILY  LEAVE
BENEFITS.
  S  24. The section heading of section 227 of the workers' compensation
law, as amended by chapter 805 of the laws of 1984, is amended  to  read
as follows:
  Actionable injuries IN CLAIMS FOR DISABILITY BENEFITS; subrogation.
  S 25. Intentionally omitted.
  S  26.  Section  229  of  the workers' compensation law, as amended by
chapter 271 of the laws of 1985, is amended to read as follows:
  S 229. Posting of notice and providing of notice of  rights.  1.  Each
covered employer shall post and maintain in a conspicuous place or plac-
es  in  and about the employer's place or places of business typewritten
or printed notices in form prescribed by the [chairman]  CHAIR,  stating
S. 6406--C                         113                        A. 9006--C
that  the employer has provided for the payment of disability AND FAMILY
LEAVE benefits as required by this article.  The  [chairman]  CHAIR  may
require  any covered employer to furnish a written statement at any time
showing  the carrier insuring the payment of benefits under this article
or the manner in which such  employer  has  complied  with  section  two
hundred  eleven  OF THIS ARTICLE or any other provision of this article.
Failure for a period of ten days to furnish such written statement shall
constitute presumptive evidence that  such  employer  has  neglected  or
failed in respect of any of the matters so required.
  2.  Whenever  an  employee  of  a covered employer who is eligible for
benefits under section two hundred four of this article shall be  absent
from  work  due to a disability OR TO PROVIDE FAMILY LEAVE as defined in
subdivision nine AND SUBDIVISION FIFTEEN RESPECTIVELY,  of  section  two
hundred  one  of  this article for more than seven consecutive days, the
employer shall provide the employee with  a  written  statement  of  the
employee's rights under this article in a form prescribed by the [chair-
man] CHAIR.  The statement shall be provided to the employee within five
business  days  after  the employee's seventh consecutive day of absence
due to disability OR FAMILY LEAVE or within five business days after the
employer [knows or should know] HAS RECEIVED NOTICE that the  employee's
absence is due to disability OR FAMILY LEAVE, whichever is later.
  S  27.  Section  232  of  the workers' compensation law, as amended by
chapter 270 of the laws of 1990, is amended to read as follows:
  S 232. Fees FOR TESTIMONY of physicians,  podiatrists,  chiropractors,
dentists  [and],  psychologists AND HEALTH CARE PROVIDERS.  Whenever his
or her attendance at a hearing, DEPOSITION  OR  ARBITRATION  before  the
board  or  [its  referees] THE CHAIR'S DESIGNEE, PURSUANT TO SECTION TWO
HUNDRED TWENTY-ONE OF THIS ARTICLE, is required, the attending physician
or attending podiatrist or attending chiropractor or  attending  dentist
or  attending  psychologist  or attending certified nurse midwife of the
disabled employee, except  such  physicians  as  are  disqualified  from
testifying pursuant to subdivision one of section thirteen-b, or section
nineteen-a of this chapter, and except such podiatrists as are disquali-
fied  from  testifying  under  the provisions of section thirteen-k, and
except such chiropractors as are disqualified from testifying under  the
provisions  of  section thirteen-l, and except such psychologists as are
disqualified from testifying under the provisions of section thirteen-m,
OR HEALTH CARE PROVIDER shall be entitled to receive  a  fee  [from  the
carrier  or  the fund established under section two hundred fourteen, in
an amount as directed and fixed by the board, or its referees, and  such
fee  shall  be  in addition to any witness fee] IN ACCORDANCE WITH REGU-
LATIONS OF THE CHAIR.
  S 28. Section 237 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 237. Reimbursement for advance payments by employers. If an employer
has made advance payments of benefits or has made payments to an employ-
ee  in  like  manner  as wages during any period of disability OR FAMILY
LEAVE for which such employee is entitled to the  benefits  provided  by
this article, he OR SHE shall be entitled to be reimbursed by the carri-
er  out of any benefits due or to become due for the existing disability
OR FAMILY LEAVE, if THE claim for reimbursement is filed with the carri-
er prior to payment of the benefits BY THE CARRIER.
  S 29. Intentionally omitted.
  S 30. Section 239 of the workers' compensation law, as added by  chap-
ter 600 of the laws of 1949, is amended to read as follows:
S. 6406--C                         114                        A. 9006--C
  S  239.  Representation  before the board. Any person, firm, or corpo-
ration licensed by the board under section twenty-four-a OF THIS ARTICLE
or subdivision three-b of section fifty OF THIS CHAPTER shall be  deemed
to  be  authorized  to  appear  in  behalf  of claimants or self insured
employers,  as  the case may be, in contested disability OR FAMILY LEAVE
claims under this article.
  S 31. The section heading and the opening paragraph of section 120  of
the  workers'  compensation law, as amended by chapter 61 of the laws of
1989, are amended to read as follows:
  Discrimination against employees [who bring proceedings]. It shall  be
unlawful  for  any  employer  or  his  or  her  duly authorized agent to
discharge OR FAIL TO REINSTATE PURSUANT TO SECTION TWO  HUNDRED  THREE-B
OF THIS CHAPTER, or in any other manner discriminate against an employee
as  to  his  or  her  employment  because  such  employee has claimed or
attempted to claim  compensation  from  such  employer,  OR  CLAIMED  OR
ATTEMPTED  TO  CLAIM ANY BENEFITS PROVIDED UNDER THIS CHAPTER or because
he or she has testified or is about to testify  in  a  proceeding  under
this chapter and no other valid reason is shown to exist for such action
by the employer.
  S 32. Subdivision 2 of section 76 of the workers' compensation law, as
added by chapter 600 of the laws of 1949, is amended to read as follows:
  2.  The purposes of the state insurance fund herein created are hereby
enlarged to provide [for the] insurance [by the state insurance fund of]
FOR the payment of the benefits required by section two hundred four  of
this  chapter  INCLUDING  BENEFITS FOR FAMILY LEAVE.  A separate fund is
hereby created within the state insurance fund, which shall be known  as
the  "disability benefits fund", and which shall consist of all premiums
received and paid into said fund on account of such insurance, all secu-
rities acquired by and through the use of moneys belonging to said  fund
and  of interest earned upon moneys belonging to said fund and deposited
or invested as herein provided. Said disability benefits fund  shall  be
applicable  to  the  payment  of  benefits,  expenses and assessments on
account of insurance written pursuant to article nine of  this  chapter.
PREMIUMS  FOR POLICIES PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS IN
ACCORDANCE WITH THIS ARTICLE SHALL  BE  CALCULATED  IN  ACCORDANCE  WITH
APPLICABLE  PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF
SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF  SUCH  LAW.  THE  STATE
INSURANCE  FUND  SHALL HAVE AUTHORITY TO DISCOUNT OR SURCHARGE ON ESTAB-
LISHED PREMIUM RATES BASED ON SOUND ACTUARIAL PRINCIPLES.
  S 33. Section 88-c of the workers' compensation law, as added by chap-
ter 103 of the laws of 1981, is amended to read as follows:
  S  88-c.  Coverage  of  state  employees.  Notwithstanding  any  other
provisions of law to the contrary AND EXCEPT AS SET FORTH IN SECTION TWO
HUNDRED AND TWELVE-A OF THIS CHAPTER, the liability of the state for the
payment  of compensation under this chapter heretofore existing or here-
inafter arising shall be secured by an insuring agreement to be  entered
into  between  the  department  of civil service and the state insurance
fund wherein the state, from moneys appropriated therefor, shall pay  in
advance to the fund on a periodic basis the actual costs to the fund for
the  meeting  and  paying, as the same become due and payable, all obli-
gations incurred under  this  chapter  by  the  state  as  an  employer.
Notwithstanding  any law to the contrary, the fund may on an actuarially
sound basis provide to the state insurance for any portion of the  obli-
gations  of  the  state  as  employer under this chapter with respect to
injuries or deaths resulting from accidents arising out of  and  in  the
course  of  employment on or after April first, nineteen hundred eighty-
S. 6406--C                         115                        A. 9006--C
one. All such payments made by the state and paid into  the  state  fund
shall  constitute  a  separate account in the fund to be used solely for
the purpose of discharging all compensation  obligations  of  the  state
pursuant  to  the  provisions of this chapter and in accordance with the
insuring agreement as provided in  this  section.  Any  portion  of  the
account  may be invested in the same manner as the assets of the fund as
provided in section eighty-seven of this article. The liability  of  the
fund  for the payment of any claims or the meeting of any obligations of
the state as an employer as provided in this chapter  shall  not  exceed
the moneys paid into such separate account and any increments or diminu-
tions  thereof.  The agreement shall further provide that the fund shall
render all services and make all reasonable  expenditures  necessary  or
required  for  the  processing,  defense and payment of all claims under
this chapter, including the protection of liens, subrogation, credit and
other rights of the state as an employer or the fund as an  insurer,  in
situations where the employees' injuries or deaths were caused by culpa-
bility  of  third  parties.  Except to the extent that the state obtains
insurance on an actuarially sound basis pursuant to  the  provisions  of
this  section, the provisions of section eighty-six of this chapter with
respect to the maintenance of reserves for the purpose of meeting antic-
ipated compensation losses, shall not in any  manner  be  applicable  to
claims  of  employees  of  the  state with respect to injuries or deaths
resulting from accidents arising out of and in the course of  employment
prior  to  April  first,  nineteen hundred eighty-one, or to an insuring
agreement entered into between the state insurance fund and the  depart-
ment of civil service in accordance with the provisions of this section.
  S 34. Subdivision 1 of section 141-a of the workers' compensation law,
as  added  by  chapter  6  of  the  laws  of 2007, is amended to read as
follows:
  1. To investigate violations of sections fifty-two [and], one  hundred
thirty-one AND TWO HUNDRED THIRTEEN of this chapter, the chair or his or
her designees shall have the power to:
  (a) Enter and inspect any place of business at any reasonable time for
the purpose of investigating employer compliance.
  (b) Examine and copy business records.
  (c) Administer oaths and affirmations.
  (d)   Issue  and  serve  subpoenas  for  attendance  of  witnesses  or
production of business records, books, papers, correspondence,  memoran-
da, and other records. Such subpoenas may be served without the state on
any  defendant  over whom a New York court would have personal jurisdic-
tion under the civil practice law and rules as  to  the  subject  matter
under  investigation, provided the information or testimony sought bears
a reasonable relationship to the subject matter under investigation.
  S 35. Section 318 of the workers' compensation law, as added by  chap-
ter 788 of the laws of 1951, is amended to read as follows:
  S  318.  Rules of evidence; modification of board decisions or orders;
appeals. The provisions of [sections] SECTION two hundred twenty-two  [,
two  hundred  twenty-three  and two hundred twenty-four] OF THIS CHAPTER
are made applicable to claims for compensation under this article.
  S 36. Paragraph 3 of subsection (a) of section 1113 of  the  insurance
law is amended to read as follows:
  (3) "Accident and health insurance," means (i) insurance against death
or  personal  injury  by  accident  or by any specified kind or kinds of
accident and insurance  against  sickness,  ailment  or  bodily  injury,
including  insurance  providing  disability  AND  FAMILY  LEAVE benefits
pursuant to article nine of the workers'  compensation  law,  except  as
S. 6406--C                         116                        A. 9006--C
specified  in  item  (ii)  hereof;  and  (ii) non-cancellable disability
insurance, meaning insurance against disability resulting from sickness,
ailment or bodily injury (but excluding insurance solely  against  acci-
dental  injury)  under  any contract which does not give the insurer the
option to cancel or otherwise terminate the contract  at  or  after  one
year from its effective date or renewal date.
  S  37.  Paragraphs  1  and  4 of subsection (h) of section 4235 of the
insurance law are amended and a new subsection (n) is added to  read  as
follows:
  (1)  Each  domestic  insurer  and  each foreign or alien insurer doing
business in this state shall file with the superintendent its  schedules
of  premium  rates,  rules  and  classification  of  risks  for  use  in
connection with the issuance of its policies of  group  accident,  group
health  or  group  accident  and  health  insurance, and of its rates of
commissions, compensation or other fees  or  allowances  to  agents  and
brokers  pertaining to the solicitation or sale of such insurance and of
such fees or allowances, exclusive of amounts payable to persons who are
in the regular employ of the insurer, other than as agent or  broker  to
any individuals, firms or corporations pertaining to such class of busi-
ness,  whether  transacted within or without the state. A GROUP ACCIDENT
AND HEALTH INSURANCE POLICY PROVIDING DISABILITY AND FAMILY LEAVE  BENE-
FITS  PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION LAW SHALL BE
SUBJECT TO THE REQUIREMENTS OF SUBSECTION (N) OF THIS SECTION.
  (4) Nothing herein shall prohibit the state insurance fund from taking
into account peculiar hazards of individual risks in establishing higher
premium rates to be charged for insurance providing for the  payment  of
disability  [or]  AND  FAMILY  LEAVE benefits in accordance with article
nine of the workers' compensation law.
  (N)(1) ON OR BEFORE JUNE FIRST, TWO  THOUSAND  SEVENTEEN,  THE  SUPER-
INTENDENT  OF FINANCIAL SERVICES BY REGULATION, IN CONSULTATION WITH THE
CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, SHALL  DETERMINE
WHETHER THE FAMILY LEAVE BENEFIT COVERAGE OF A GROUP ACCIDENT AND HEALTH
INSURANCE POLICY PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS PURSUANT
TO  ARTICLE  NINE  OF  THE WORKERS' COMPENSATION LAW, INCLUDING POLICIES
ISSUED BY THE STATE INSURANCE FUND, SHALL BE EXPERIENCE RATED OR  COMMU-
NITY RATED, WHICH MAY INCLUDE SUBJECTING THE FAMILY LEAVE BENEFIT COVER-
AGE  OF  THE  POLICY TO A RISK ADJUSTMENT MECHANISM. NOTWITHSTANDING ANY
LAW TO THE CONTRARY, THE SUPERINTENDENT SHALL ESTABLISH  THE  RATES  FOR
ANY  COMMUNITY  RATED  FAMILY  LEAVE  BENEFIT  COVERAGE  AND SHALL APPLY
COMMONLY ACCEPTED ACTUARIAL  PRINCIPLES  TO  ESTABLISH  COMMUNITY  RATED
FAMILY  LEAVE  BENEFIT COVERAGE RATES THAT ARE NOT EXCESSIVE, INADEQUATE
OR UNFAIRLY DISCRIMINATORY. ON JUNE FIRST, TWO THOUSAND SEVENTEEN AND ON
SEPTEMBER FIRST OF EACH YEAR THEREAFTER THE SUPERINTENDENT SHALL PUBLISH
ALL COMMUNITY RATED FAMILY LEAVE BENEFIT RATES  FOR  THE  POLICY  PERIOD
BEGINNING ON THE FOLLOWING JANUARY FIRST.
  (2)  IF  THE  POLICY  IS SUBJECTED TO A RISK ADJUSTMENT MECHANISM, THE
SUPERINTENDENT OF FINANCIAL SERVICES SHALL PROMULGATE REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THIS SUBSECTION IN CONSULTATION WITH  THE
CHAIR  OF  THE  WORKERS' COMPENSATION BOARD OF THIS STATE. ANY SUCH RISK
ADJUSTMENT MECHANISM SHALL BE ADMINISTERED DIRECTLY BY  THE  SUPERINTEN-
DENT OF FINANCIAL SERVICES OF THIS STATE, IN CONSULTATION WITH THE CHAIR
OF  THE  WORKERS'  COMPENSATION BOARD OF THIS STATE, OR BY A THIRD PARTY
VENDOR SELECTED BY THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTA-
TION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD.
  (3) "RISK ADJUSTMENT MECHANISM" AS USED IN THIS SUBSECTION  MEANS  THE
PROCESS  USED  TO  EQUALIZE THE PER MEMBER PER MONTH CLAIM AMOUNTS AMONG
S. 6406--C                         117                        A. 9006--C
INSURERS IN ORDER TO  PROTECT  INSURERS  FROM  DISPROPORTIONATE  ADVERSE
RISKS.
  S 38. Subdivision (c) of section 1108 of the insurance law, as amended
by chapter 838 of the laws of 1985, is amended to read as follows:
  (c)  The  state  insurance  fund  of  this  state,  except  as  to the
provisions of subsection (d) of section two thousand three hundred thir-
ty-nine, section three thousand one hundred ten, subsection  (a),  para-
graph  one  of  subsection  (b),  paragraph  three of subsection (c) and
subsection (d) of section three thousand two hundred one, sections three
thousand two hundred two, three thousand two hundred  four,  subsections
(a)  through  (d)  of  section  three  thousand  two hundred twenty-one,
subsections (b) and (c) of section four  thousand  two  hundred  twenty-
four,  section  four thousand two hundred twenty-six and subsections (a)
and (b) [and], (g) through (j), AND (N) of  section  four  thousand  two
hundred thirty-five of this chapter and except as otherwise specifically
provided by the laws of this state.
  S  39. Section 242 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, is amended to read as follows:
  S 242. Separability of provisions; FEDERAL LAW; REGULATIONS.    1.  If
any  provision  of  this [act] ARTICLE or the application thereof to any
person or circumstances is held invalid, the  remainder  of  this  [act]
ARTICLE  and  the  application  of  such  provision  to other persons or
circumstances shall not be affected thereby.
  2. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED OR APPLIED  SO  AS  TO
CREATE A CONFLICT WITH FEDERAL LAW.
  3.  THE  CHAIR SHALL HAVE AUTHORITY TO ADOPT REGULATIONS TO EFFECTUATE
ANY OF THE PROVISIONS OF THIS ARTICLE.
  S 40. This act shall take effect April 1, 2016 and shall apply to  all
policies  or  contracts issued, renewed, modified, altered or amended on
or after such effective date; provided, however,  that  effective  imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.
                                 PART TT
  Section 1. Subdivisions 10, 11, 12 and 13 of section 351 of the public
authorities  law  are  REPEALED  and  subdivision  14 of such section is
renumbered subdivision 10.
  S 2. Subdivisions 6, 8 and 10 of section 354 of the public authorities
law, subdivision 6 as amended by chapter 506 of the laws  of  2009,  and
subdivisions 8 and 10 as amended by chapter 766 of the laws of 1992, are
amended to read as follows:
  6.  To  appoint  officers,  agents and employees and fix their compen-
sation, provided, however, that the appointment of the executive  direc-
tor  shall  be  subject to confirmation by the senate in accordance with
section twenty-eight hundred fifty-two of this chapter; subject  however
to  the  provisions  of  the civil service law, which shall apply to the
authority [and to the subsidiary corporation  thereof]  as  a  municipal
corporation other than a city;
  8.  Subject  to agreements with noteholders or bondholders, to fix and
collect such fees, rentals and  charges  for  the  use  of  the  thruway
[system]  or  any part thereof necessary or convenient, with an adequate
margin of safety, to produce sufficient revenue to meet the  expense  of
maintenance  and  operation  and  to fulfill the terms of any agreements
S. 6406--C                         118                        A. 9006--C
made with the holders of its notes or bonds, and to establish the rights
and privileges granted upon payment thereof[;  provided,  however,  that
tolls may only be imposed for the passage through locks and lift bridges
by  vessels which are propelled in whole or in part by mechanical power;
and provided further that no tolls shall be imposed or  collected  prior
to the first day of April, nineteen hundred ninety-three].
  10.  To  construct,  reconstruct  or  improve  on or along the thruway
[system] in the manner herein  provided,  suitable  facilities  for  gas
stations,  restaurants, and other facilities for the public, or to lease
the right to construct, reconstruct or improve and operate such  facili-
ties;  such  facilities shall be publicly offered for leasing for opera-
tion, or the right to construct, reconstruct or improve and operate such
facilities shall be publicly offered under rules and regulations  to  be
established  by the authority, provided, however, that lessees operating
such facilities at the time this act becomes effective, may  reconstruct
or  improve  them  or  may  construct additional like facilities, in the
manner and upon such terms and conditions as the board shall determine[;
and provided further, however, that such facilities constructed,  recon-
structed  or  improved  on or along the canal system shall be consistent
with the canal recreationway  plan  approved  pursuant  to  section  one
hundred thirty-eight-c of the canal law and section three hundred eight-
y-two of this title];
  S  3. Section 355 of the public authorities law, as amended by chapter
138 of the laws of 1997, is amended to read as follows:
  S 355. Officers and employees; transfer, promotion and  seniority.  1.
Officers  and  employees  of  state departments, agencies, [or the canal
corporation] OR DIVISIONS may be transferred to the authority and  offi-
cers,  agents and employees of the authority may be transferred to state
departments, agencies, [or the canal corporation] OR DIVISIONS,  without
examination  and  without loss of any civil service status or rights. No
such transfer from the authority [or canal  corporation]  to  any  state
department,  agency,  or  division may, however, be made except with the
approval of the head  of  the  state  department,  agency,  or  division
involved and the director of the budget and in compliance with the rules
and regulations of the state civil service commission.
  2.  Promotions  from  positions  in  state departments and agencies to
positions in the authority [or canal corporation], and vice  versa,  may
be  made from interdepartmental promotion lists resulting from promotion
examinations in which employees of  the  authority[,  employees  of  the
canal  corporation,]  and employees of the state are eligible to partic-
ipate.
  3. In computing seniority for purposes of promotion or for purposes of
suspension or demotion upon the abolition of positions in the service of
the authority or in the service of the state, in the case of an employee
of the authority a period of prior employment  in  the  service  of  the
state  shall  be  counted  in  the  same manner as though such period of
employment had been in the service of the authority, and in the case  of
an  employee of the state a period of prior employment in the service of
the authority shall be counted in the same manner as though such  period
of  employment had been in the service of the state. For the purposes of
the  establishment  and  certification  of  preferred  lists,  employees
suspended  from the authority shall be eligible for reinstatement in the
service of the state, and employees suspended from the  service  of  the
state shall be eligible for reinstatement in the service of the authori-
ty,  in the same manner as though the authority were a department of the
state.  [All provisions contained within this subdivision shall apply to
S. 6406--C                         119                        A. 9006--C
the canal corporation in the same manner that they apply to the authori-
ty.]
  S  4. Section 357 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S 357. Right of authority to use state property; payment for  improve-
ments.  On  assuming  jurisdiction  of  a  thruway  highway  section  or
connection or any part thereof, or of a highway connection, [or  of  the
New  York  state  canal  system,]  the authority shall have the right to
possess and use for its corporate purposes  so  long  as  its  corporate
existence  shall continue, any real property and rights in real property
theretofore acquired by the state, including  all  improvements  thereon
[and  state  canal  lands  and  properties; provided that the use by the
authority of canal lands and properties for highway purposes  shall  not
interfere with the use thereof for canal purposes].
  S  5.  Subdivisions 2 and 3 of section 357-a of the public authorities
law are REPEALED and subdivision 1, as added by section 1 of part  E  of
chapter 58 of the laws of 2013, is amended to read as follows:
  1. Enforcement assistance [shall be] provided by the division of state
police at [a level consistent with historical precedents, as a matter of
state  interest,  on  all  sections  of the thruway. The authority shall
provide goods and services to the division of state police in connection
with its enforcement activity on the  thruway.  The  division  of  state
police and the authority shall enter into an agreement identifying those
goods  and  services  that the authority will provide to the division of
state police and determine  reporting  and  other  requirements  related
thereto.  Any  costs borne by the state police outside of such agreement
shall not be reimbursed by the authority nor shall they be deemed  costs
of  the  authority]  THE REQUEST OF THE AUTHORITY SHALL BE REIMBURSED BY
THE AUTHORITY TO THE DIVISION OF STATE POLICE FROM THE  GENERAL  RESERVE
FUND  ESTABLISHED BY THE AUTHORITY UNDER ITS AGREEMENT WITH BONDHOLDERS,
AFTER PAYMENT OF ANY AMOUNTS DUE ON ANY BONDS OR NOTES OF THE AUTHORITY.
THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE  NEW
YORK STATE THRUWAY AUTHORITY ACCOUNT, REVENUES RECEIVED FROM THE AUTHOR-
ITY  AS  REIMBURSEMENT  FOR  PERSONAL SERVICE EXPENSES INCLUDING GENERAL
STATE CHARGES. IN ADDITION, THE AUTHORITY SHALL REIMBURSE  THE  DIVISION
OF  STATE  POLICE  FOR NON-PERSONAL SERVICE EXPENSES CONNECTED WITH SUCH
ASSISTANCE. SUCH REIMBURSEMENT SHALL BE MADE FROM SUCH  GENERAL  RESERVE
FUND.  THE AUTHORITY SHALL DEPOSIT SAID REIMBURSEMENT FUNDS FOR NON-PER-
SONAL SERVICE EXPENSES TO THE CREDIT OF THE DIVISION OF STATE POLICE. NO
PAYMENTS MADE BY THE AUTHORITY UNDER THIS  SUBSECTION  SHALL  BE  DEEMED
OPERATING EXPENSES OF THE AUTHORITY.
  S  6.  Subdivision  1 of section 359 of the public authorities law, as
amended by chapter 766 of the laws  of  1992,  is  amended  to  read  as
follows:
  1.  On assuming jurisdiction of a thruway section or connection or any
part thereof, or of a highway connection, [or  of  the  New  York  state
canal system,] the authority shall proceed with the construction, recon-
struction  or  improvement thereof. All such work shall be done pursuant
to a contract or contracts which shall be let to the lowest  responsible
bidder,  by sealed proposals publicly opened, after public advertisement
and upon such terms and  conditions  as  the  authority  shall  require;
provided,  however,  that the authority may reject any and all proposals
and may advertise for new proposals, as herein provided, if in its opin-
ion, the best interests of  the  authority  will  thereby  be  promoted;
provided  further, however, that at the request of the authority, all or
any portion of such work, together with any engineering required by  the
S. 6406--C                         120                        A. 9006--C
authority in connection therewith, shall be performed by the commission-
er  and  his  subordinates in the department of transportation as agents
for, and at the expense of, the authority.
  S  7. Section 359-a of the public authorities law, as added by chapter
140 of the laws of 2002, is amended to read as follows:
  S 359-a. Procurement contracts. For the purposes  of  section  twenty-
eight  hundred  seventy-nine of this chapter as applied to the authority
[or the canal corporation], the term "procurement contract"  shall  mean
any  written  agreement  for the acquisition of goods or services of any
kind by the authority [or the canal corporation] in the actual or  esti-
mated amount of fifteen thousand dollars or more.
  S  8. Section 360 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S 360. Operation and maintenance. Operation  and  maintenance  by  the
authority of any thruway section or connection or any part thereof or of
a  highway connection[, the New York state canal system] of which it has
assumed jurisdiction shall be performed (a)  by  the  use  of  authority
forces  and equipment at the expense of the authority or by agreement at
the expense of the state or other parties; (b) by contract with  munici-
palities  or independent contractors; (c) at the request of the authori-
ty, by the commissioner and his subordinates in the department of trans-
portation as agents for, and at the expense of the authority, or (d)  by
a combination of such methods.
  S  9. Section 362 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S 362. Assistance by state officers,  departments,  boards,  divisions
and  commissions. At the request of the authority, engineering and legal
services for such authority shall be performed by forces or officers  of
the department of transportation and the department of law respectively,
and all other state officers, departments, boards, divisions and commis-
sions  shall  render  services within their respective functions. At the
request of the authority, services in connection with the collection  of
any  charges  or  fees  for  the use of the thruway[, the New York state
canal system] or any part thereof may be performed by the department  of
motor vehicles.
  S 10. Paragraph (a) of subdivision 1, and paragraph (i) of subdivision
3  of  section  365 of the public authorities law, as amended by chapter
766 of the laws of 1992, are amended to read as follows:
  (a) Subject to the provisions of section three  hundred  sixty-six  of
this  title, the authority shall have the power and is hereby authorized
from time to time to issue its negotiable notes and bonds in  conformity
with  applicable provisions of the uniform commercial code in such prin-
cipal amount as, in the opinion of the authority, shall be necessary  to
provide  sufficient moneys for achieving the corporate purposes thereof,
including construction, reconstruction and improvement  of  the  thruway
sections and connections, and highway connections herein described, [the
New  York  state canal system subject to the provisions of section three
hundred eighty-three of this title,] together with  suitable  facilities
and  appurtenances,  the  payment  of all indebtedness to the state, the
cost of acquisition of all real property, the expense of maintenance and
operation, interest on notes and bonds during  construction  and  for  a
reasonable  period thereafter, establishment of reserves to secure notes
or bonds, and all other expenditures of the authority  incident  to  and
necessary or convenient to carry out its corporate purposes and powers.
S. 6406--C                         121                        A. 9006--C
  (i)  the  acquisition of jurisdiction over, and of property for, thru-
ways, [the New York state canal system,] and  the  construction,  recon-
struction, improvement, maintenance or operation thereof;
  S 11. Section 382 of the public authorities law is REPEALED.
  S 12. Section 383 of the public authorities law is REPEALED.
  S  13.  Section 388 of the public authorities law, as added by chapter
500 of the laws of 2011, is amended to read as follows:
  S 388. Limitation on powers of the authority. A department, authority,
division or agency of the state shall not offer or permit any officer or
employee of such department, authority, division or agency to use a pass
to access and/or use the  thruway  [system]  without  the  officer's  or
employee's  personal payment of tolls except when the use of such a pass
and/or use of the thruway [system] without  personal  payment  of  tolls
occurs  in the normal course of the employment or duties of such officer
or employee. This section shall not diminish the rights of any  employee
pursuant to a collective bargaining agreement.
  S  14.  Subdivisions 18 and 21 of section 2 of the canal law, subdivi-
sion 18 as amended and subdivision 21 as renumbered by  chapter  335  of
the  laws of 2001, subdivision 21 as added by chapter 442 of the laws of
1996, are amended and a new subdivision 24 is added to read as follows:
  18. "Authority" shall mean the [New York state  thruway  authority,  a
body corporate and politic constituting a public corporation created and
constituted  pursuant  to  title nine of article two] POWER AUTHORITY OF
THE STATE OF NEW YORK, A BODY CORPORATE AND POLITIC CONSTITUTING A POLI-
TICAL SUBDIVISION OF THE STATE CREATED AND CONSTITUTED PURSUANT TO TITLE
ONE OF ARTICLE FIVE of the public authorities law.
  21. "Corporation" AND "CANAL CORPORATION"  shall  mean  the  New  York
state  canal  corporation,  [a  subsidiary of the New York state thruway
authority,] A PUBLIC BENEFIT CORPORATION created  pursuant  to  [section
three  hundred  eighty-two  of the public authorities law] CHAPTER SEVEN
HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND CONTIN-
UED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE POWER AUTHORITY
OF THE STATE OF NEW YORK PURSUANT TO  SUBDIVISION  ONE  OF  SECTION  ONE
THOUSAND FIVE-B OF THE PUBLIC AUTHORITIES LAW.
  24. "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY AUTHORI-
TY,  A  BODY  CORPORATE  AND  POLITIC  CONSTITUTING A PUBLIC CORPORATION
CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF  ARTICLE  TWO  OF  THE
PUBLIC AUTHORITIES LAW.
  S 15. The article heading of article 1-A of the canal law, as added by
chapter 766 of the laws of 1992, is amended to read as follows:
             TRANSFER TO [NEW YORK STATE THRUWAY AUTHORITY]
                POWER AUTHORITY OF THE STATE OF NEW YORK
  S 16. Section 5 of the canal law, as amended by amended chapter 335 of
the laws of 2001, is amended to read as follows:
  S  5. Transfer of powers and duties relating to canals and canal lands
to the [New York state thruway authority] POWER AUTHORITY OF  THE  STATE
OF  NEW  YORK. The powers and duties of the [commissioner of transporta-
tion] THRUWAY AUTHORITY relating to the New York state canal  system  as
set forth in articles one through and including fourteen, except article
seven,  of  this  chapter, and except properties in use on the effective
date of this  article  in  support  of  highway  maintenance,  equipment
management  and traffic signal operations of the department of transpor-
tation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF TRANSPORTATION  TO
THE  THRUWAY  AUTHORITY,  are  hereby transferred to and merged with the
authority, to be exercised by the  authority  DIRECTLY  OR  THROUGH  THE
CANAL  CORPORATION  on behalf of the people of the state of New York. In
S. 6406--C                         122                        A. 9006--C
addition, the commissioner of transportation and the [chairman] CHAIR of
the authority OR HIS OR HER DESIGNEE may,  in  their  discretion,  enter
into  an  agreement  or agreements transferring the powers and duties of
the commissioner of transportation relating to any or all of the bridges
and  highways as set forth in article seven of this chapter, to be exer-
cised by the authority DIRECTLY OR  THROUGH  THE  CANAL  CORPORATION  on
behalf  of the people of the state of New York, and, AS DETERMINED TO BE
FEASIBLE AND ADVISABLE BY THE AUTHORITY'S TRUSTEES, shall enter into  an
agreement  or  agreements  DIRECTLY OR THROUGH THE CANAL CORPORATION for
the financing, construction, reconstruction or improvement of  lift  and
movable bridges on the canal system. Such powers shall be in addition to
other powers enumerated in title [nine] ONE of article [two] FIVE of the
public  authorities  law.   All of the provisions of title [nine] ONE of
article [two] FIVE of such law which  are  not  inconsistent  with  this
chapter  shall apply to the actions and duties of the authority pursuant
to this chapter. The authority shall be deemed to be the state in  exer-
cising  the  powers  and duties transferred pursuant to this section but
for no other purposes.
  S 17. Subdivisions 1, 2, 3, 4 and 5 of section 6  of  the  canal  law,
subdivisions  2  and  5 as added by chapter 766 of the laws of 1992, and
subdivisions 1, 3 and 4 as amended by chapter 335 of the laws  of  2001,
are amended to read as follows:
  1.  The  jurisdiction  of the [commissioner of transportation] THRUWAY
AUTHORITY over the New York  state  canal  system  and  over  all  state
assets,  equipment  and property, both tangible and intangible, owned or
used in connection with the planning, development, construction,  recon-
struction, maintenance and operation of the New York state canal system,
as  set  forth  in  articles  one through and including fourteen, except
article seven, of this chapter, and except  properties  in  use  on  the
effective date of this article in support of highway maintenance, equip-
ment  management  and  traffic  signal  operations  of the department of
transportation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF  TRANSPOR-
TATION  TO THE THRUWAY AUTHORITY, are hereby transferred without consid-
eration to the authority, to be held by the authority in the name of the
people of the state of New York. In addition the commissioner of  trans-
portation and the [chairman] CHAIR of the authority OR HIS OR HER DESIG-
NEE  may,  in  their  discretion,  enter into an agreement or agreements
transferring jurisdiction over any or all of the  bridges  and  highways
set forth in article seven of this chapter, and any or all state assets,
equipment  and  property, both tangible and intangible, owned or used in
connection with the planning, development, construction, reconstruction,
maintenance and operation of such bridges and highways, which  shall  be
transferred  without  consideration  to the authority, to be held by the
authority through the corporation in the name of the people of the state
of New York. Any other rights and obligations resulting from or  arising
out  of  the planning, development, construction, reconstruction, opera-
tion or maintenance of the New York state canal system shall  be  deemed
assigned  to  and shall be exercised by the authority through the corpo-
ration, except that the authority may  designate  the  [commissioner  of
transportation]  CHAIR  OF THE THRUWAY AUTHORITY to be its agent for the
operation and maintenance of the New York state canal  system,  provided
that  such  designation shall have no force or effect after [March thir-
ty-first, nineteen hundred ninety-three]  JANUARY  FIRST,  TWO  THOUSAND
SEVENTEEN.  Such canal system shall remain the property of the state and
under its management and control as exercised by and through the author-
ity,  through  the corporation which shall be deemed to be the state for
S. 6406--C                         123                        A. 9006--C
the purposes of such management and control of the  canals  but  for  no
other purposes.
  2. The department of transportation AND THRUWAY AUTHORITY shall deliv-
er  to  the  authority  all  books, policies, procedures, papers, plans,
maps, records, equipment and property of such department  pertaining  to
the functions transferred pursuant to this article.
  3.  All rules, regulations, acts, determinations, orders and decisions
of the commissioner of transportation [and of the], department of trans-
portation, OR THRUWAY AUTHORITY pertaining to the functions  transferred
pursuant  to  this  article  in force at the time of such transfer shall
continue in force and  effect  as  rules,  regulations,  acts,  determi-
nations,  orders  and  decisions  of the authority and corporation until
duly modified or abrogated by such authority [and] OR corporation.
  4. Any business or  other  matters  undertaken  or  commenced  by  the
[commissioner  of  transportation  or  the department of transportation]
THRUWAY AUTHORITY,  including  executed  contracts,  permits  and  other
agreements,  BUT  EXCLUDING  BONDS,  NOTES OR OTHER EVIDENCES OF INDEBT-
EDNESS, pertaining to or connected with the [functions,] powers,  [obli-
gations  and]  duties AND OBLIGATIONS transferred pursuant to this arti-
cle, and in effect on the effective date [hereof]  OF  THE  TRANSFER  OF
SUCH MATTERS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY PROVIDED FOR IN
THIS ARTICLE, shall, EXCEPT AS OTHERWISE AGREED BY THE AUTHORITY AND THE
THRUWAY  AUTHORITY,  be conducted and completed by the authority through
the corporation in the same manner and under the same terms  and  condi-
tions  and  with  the  same  effect as if conducted and completed by the
[commissioner of transportation or  the  department  of  transportation]
THRUWAY  AUTHORITY,  PROVIDED  THAT NOTHING IN THIS SUBDIVISION SHALL BE
DEEMED TO REQUIRE THE AUTHORITY TO TAKE ANY  ACTION  IN  A  MANNER  THAT
WOULD IN ITS JUDGMENT BE INCONSISTENT WITH THE PROVISIONS OF ANY BOND OR
NOTE  RESOLUTION  OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE AUTHORI-
TY'S BONDS, NOTES OR OTHER OBLIGATIONS.
  5. No existing rights  or  remedies  of  the  state,  [including  the]
authority,  THRUWAY  AUTHORITY,  OR  CANAL  CORPORATION  shall  be lost,
impaired or affected by reason of this article.
  S 18. Subdivision 6 of section 6 of the canal law, as added by chapter
766 of the laws of 1992, paragraph (b) as amended by chapter 335 of  the
laws  of  2001,  is  amended and a new subdivision 7 is added to read as
follows:
  6. (a) No action or proceeding pending on the effective date of  [this
article,]  THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE THRU-
WAY AUTHORITY TO THE AUTHORITY brought by or against THE THRUWAY AUTHOR-
ITY, the commissioner  of  transportation  [or],  THE  CORPORATION,  the
department  of transportation OR THE AUTHORITY shall be affected by this
article. Any liability arising out of  any  act  or  omission  occurring
prior  to the effective date of the transfer of THE powers [and], duties
[authorized herein] AND OBLIGATIONS FROM THE THRUWAY  AUTHORITY  TO  THE
AUTHORITY,  of the officers, employees or agents of THE THRUWAY AUTHORI-
TY, the department of transportation, or any other agency of the  state,
other  than  the  authority,  in the performance of their obligations or
duties under the canal law, any other law of the state  or  any  federal
law,  or pursuant to a contract entered into prior to the effective date
of such transfer, shall remain a liability of THE THRUWAY AUTHORITY, the
department of transportation or such other agency of the state  and  not
of the authority.
  (b)  Notwithstanding  any provision to the contrary contained in para-
graph (a) of this subdivision, the state shall indemnify and hold  harm-
S. 6406--C                         124                        A. 9006--C
less  the THRUWAY authority [and], THE corporation AND THE AUTHORITY for
any and all claims, damages, or liabilities, whether or  not  caused  by
negligence, including civil and criminal fines, arising out of or relat-
ing  to  any  generation, processing, handling, transportation, storage,
treatment, or disposal of solid or hazardous wastes in the canal  system
by any person or entity other than the THRUWAY AUTHORITY OR THE authori-
ty  occurring prior to [the effective date of the transfer of powers and
duties authorized herein] AUGUST  THIRD,  NINETEEN  HUNDRED  NINETY-TWO.
Such  indemnification  shall extend to, without limitation, any releases
into land, water or air,  including  but  not  limited  to  releases  as
defined  under  the federal comprehensive environmental response compen-
sation and liability act of nineteen hundred eighty, occurring or exist-
ing prior to [the effective date of this section] AUGUST THIRD, NINETEEN
HUNDRED NINETY-TWO; provided that the THRUWAY AUTHORITY, THE CORPORATION
AND THE authority shall cooperate in the investigation  and  remediation
of hazardous waste and other environmental problems.
  (C)  NOTWITHSTANDING  ANY PROVISION TO THE CONTRARY CONTAINED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, THE THRUWAY AUTHORITY SHALL INDEMNIFY AND
HOLD HARMLESS THE CORPORATION AND THE AUTHORITY FOR ANY AND ALL  CLAIMS,
DAMAGES,  OR LIABILITIES, WHETHER OR NOT CAUSED BY NEGLIGENCE, INCLUDING
CIVIL AND CRIMINAL FINES, ARISING OUT OF OR RELATING TO ANY  GENERATION,
PROCESSING, HANDLING, TRANSPORTATION, STORAGE, TREATMENT, OR DISPOSAL OF
SOLID  OR  HAZARDOUS  WASTES IN THE CANAL SYSTEM BY ANY PERSON OR ENTITY
OTHER THAN THE AUTHORITY OCCURRING AFTER AUGUST THIRD, NINETEEN  HUNDRED
NINETY-TWO  AND  NO  LATER  THAN  THE  EFFECTIVE DATE OF THE TRANSFER OF
POWERS, DUTIES AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHOR-
ITY. SUCH INDEMNIFICATION  SHALL  EXTEND  TO,  WITHOUT  LIMITATION,  ANY
RELEASES  INTO LAND, WATER OR AIR, INCLUDING BUT NOT LIMITED TO RELEASES
AS  DEFINED  UNDER  THE  FEDERAL  COMPREHENSIVE  ENVIRONMENTAL  RESPONSE
COMPENSATION  AND LIABILITY ACT OF NINETEEN HUNDRED EIGHTY, OCCURRING OR
EXISTING PRIOR TO THE EFFECTIVE DATE OF THE TRANSFER OF  POWERS,  DUTIES
AND  OBLIGATIONS  FROM  THE THRUWAY AUTHORITY TO THE AUTHORITY; PROVIDED
THAT THE CORPORATION AND THE AUTHORITY SHALL COOPERATE IN  THE  INVESTI-
GATION  AND REMEDIATION OF HAZARDOUS WASTE AND OTHER ENVIRONMENTAL PROB-
LEMS.
  (D) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, THE THRUWAY AUTHORI-
TY SHALL RETAIN ALL LIABILITIES, WHETHER OR NOT  CAUSED  BY  NEGLIGENCE,
ARISING OUT OF ANY ACTS OR OMISSIONS OCCURRING ON OR AFTER AUGUST THIRD,
NINETEEN  HUNDRED  NINETY-TWO, IN CONNECTION WITH ITS POWERS, DUTIES AND
OBLIGATIONS WITH RESPECT TO THE CORPORATION. THE AUTHORITY AND THE STATE
SHALL NOT BE HELD LIABLE IN CONNECTION WITH ANY LIABILITIES ARISING  OUT
OF SUCH ACTS OR OMISSIONS.
  7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN CONNECTION
WITH  THE  TRANSFER  OF JURISDICTION OF THE CORPORATION TO THE AUTHORITY
AND THE ASSUMPTION OF MANAGEMENT OF  THE  CORPORATION  AS  A  SUBSIDIARY
CORPORATION  OF THE AUTHORITY PURSUANT TO THE CHAPTER OF THE LAWS OF TWO
THOUSAND SIXTEEN WHICH ADDED THIS  SUBDIVISION,  THE  THRUWAY  AUTHORITY
SHALL  HAVE THE POWER TO FULFILL ANY EXISTING AGREEMENTS OR OBLIGATIONS,
MAKE ANY AGREEMENTS, RECEIVE, RETAIN OR PAY ANY FUNDS, DEEMED  NECESSARY
AND  IN  THE  PUBLIC INTEREST TO EFFECTUATE THE PROVISIONS AND INTENT OF
THIS CHAPTER, INCLUDING BUT NOT LIMITED TO, THE ENTERING INTO ANY AGREE-
MENTS WITH THE CORPORATION, THE AUTHORITY AND ANY OTHER FEDERAL,  STATE,
MUNICIPAL OR OTHER ENTITIES, AND TO RECEIVE FUNDS FROM THE FEDERAL EMER-
GENCY MANAGEMENT AGENCY OR THE STATE, TO FULFILL THE THRUWAY AUTHORITY'S
EXISTING  FINANCIAL  OR  OTHER OBLIGATIONS ARISING FROM ITS JURISDICTION
OVER THE CANAL SYSTEM AND THE CORPORATION.
S. 6406--C                         125                        A. 9006--C
  S 19. Subdivisions 2 and 5 of section 92-u of the state  finance  law,
subdivision  2 as added by chapter 766 of the laws of 1992, and subdivi-
sion 5 as amended by chapter 483 of the laws of  1996,  are  amended  to
read as follows:
  2. Such fund shall consist of all revenues received from the operation
of  the  New York state canal system as defined in section three hundred
fifty-one of the public authorities law and section  two  of  the  canal
law,  including payments on leases for use of canal lands, terminals and
terminal lands,  tolls  received  for  lock  and  lift  bridge  passage,
payments  for  hydroelectric  easements and sales, for purchase of other
abandoned canal lands, payments for any permits and leases  for  use  of
the  water and lands of the system and payments for use of dry docks and
other moneys made available to the fund from any other source other than
a grant, loan or other inter-corporate transfer of  funds  of  the  [New
York  state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK,
and any income earned by, or incremental to, the fund due to  investment
thereof, or any repayment of any moneys advanced by the fund.
  5.  Moneys  of  the  fund, following appropriation by the legislature,
shall be available to the  [New  York  state  thruway  authority]  POWER
AUTHORITY OF THE STATE OF NEW YORK and shall be expended by such author-
ity  or  [subsidiary corporation thereof] THE CANAL CORPORATION only for
the maintenance, construction, reconstruction, development or  promotion
of  the  canal  system[;  provided,  however, that in the initial years,
expenditures of moneys of the fund for the development and/or  promotion
of  the  canal  system  shall be accorded a priority by the authority or
subsidiary corporation thereof]. In addition, moneys of the fund may  be
used  for  the purposes of interpretive signage and promotion for appro-
priate historically significant Erie  canal  lands  and  related  sites.
Moneys shall be paid out of the fund by the state comptroller on certif-
icates issued by the director of the budget.
  S  20. Notwithstanding any other provision of law, the power authority
of the state of New York ("power authority"),  New  York  state  thruway
authority  and  New  York state canal corporation ("canal corporation"),
and any other state or  municipal  agency,  department,  office,  board,
division, commission, public authority or public benefit corporation may
enter into such agreements and understandings relating to the transition
of  the  canal  corporation  to  its status as a subsidiary of the power
authority and for the administration, maintenance and operation  of  the
canal  corporation  and  the  canal system as they may deem necessary or
desirable.
  S 21. Section 1005 of the public authorities law is amended by  adding
a new subdivision 25 to read as follows:
  25.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, TO ACCEPT GIFTS,
GRANTS, LOANS, OR CONTRIBUTIONS OF FUNDS OR PROPERTY IN  ANY  FORM  FROM
THE  FEDERAL  GOVERNMENT OR ANY AGENCY OR INSTRUMENTALLY THEREOF OR FROM
THE STATE OR ANY OTHER SOURCE  (COLLECTIVELY,  "RESOURCES"),  AND  ENTER
INTO  CONTRACTS  OR  OTHER TRANSACTIONS REGARDING SUCH RESOURCES, AND TO
USE SUCH RESOURCES FOR ANY OF ITS CORPORATE PURPOSES.
  S 22. The public authorities law is amended by adding  a  new  section
1005-b to read as follows:
  S  1005-B.  NEW  YORK  STATE  CANAL CORPORATION. 1. THE PUBLIC BENEFIT
CORPORATION KNOWN AS THE "NEW YORK STATE CANAL CORPORATION" (HEREINAFTER
REFERRED TO AS THE "CANAL CORPORATION") CREATED AS A  SUBSIDIARY  CORPO-
RATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER SEVEN
HUNDRED  SIXTY-SIX  OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO IS HEREBY
CONTINUED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE AUTHORITY
S. 6406--C                         126                        A. 9006--C
AND SHALL HAVE ONLY THE POWER TO OPERATE,  MAINTAIN,  CONSTRUCT,  RECON-
STRUCT,  IMPROVE, DEVELOP, FINANCE, AND PROMOTE ALL OF THE CANALS, CANAL
LANDS, FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL  LANDS
AND  OTHER  PROPERTY  UNDER  THE  JURISDICTION  OF THE CANAL CORPORATION
PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW (HEREINAFTER REFERRED  TO  AS
THE "CANAL SYSTEM"). REFERENCE IN ANY PROVISION OF LAW, GENERAL, SPECIAL
OR  LOCAL,  OR  IN  ANY RULE, REGULATION OR PUBLIC DOCUMENT TO THE CANAL
CORPORATION OR THE CANAL CORPORATION AS A SUBSIDIARY  OF  THE  NEW  YORK
STATE  THRUWAY AUTHORITY SHALL BE DEEMED TO BE AND CONSTRUED AS A REFER-
ENCE TO THE CANAL CORPORATION CONTINUED BY THIS SECTION.
  2. THE MANAGEMENT AND ADMINISTRATION OF THE CANAL CORPORATION SHALL BE
AN ADDITIONAL CORPORATE PURPOSE OF THE AUTHORITY. TO THE EXTENT THAT THE
TRUSTEES DEEM IT FEASIBLE AND ADVISABLE, THE AUTHORITY MAY  TRANSFER  TO
THE  CANAL  CORPORATION ANY MONEYS, REAL, PERSONAL, OR MIXED PROPERTY OR
ANY PERSONNEL IN ORDER TO  CARRY  OUT  THE  PURPOSES  OF  THIS  SECTION,
PROVIDED  THAT  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO REQUIRE THE
AUTHORITY TO APPLY ANY MONEYS, REVENUES  OR  PROPERTY  OR  TO  TAKE  ANY
ACTION IN A MANNER THAT WOULD BE INCONSISTENT WITH THE PROVISIONS OF ANY
BOND  OR  NOTE  RESOLUTION OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE
AUTHORITY'S BONDS, NOTES OR OTHER OBLIGATIONS.
  3. THE CANAL CORPORATION AND  ANY  OF  ITS  PROPERTY,  FUNCTIONS,  AND
ACTIVITIES  SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS
AND OTHER EXEMPTIONS OF THE AUTHORITY AND OF THE  AUTHORITY'S  PROPERTY,
FUNCTIONS, AND ACTIVITIES. THE CANAL CORPORATION SHALL BE SUBJECT TO THE
RESTRICTIONS  AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. THE
CANAL 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.
  4. EXCLUSIVE JURISDICTION IS CONFERRED UPON THE  COURT  OF  CLAIMS  TO
HEAR  AND  DETERMINE  THE  CLAIMS OF ANY PERSON AGAINST THE CANAL CORPO-
RATION (A) FOR ITS TORTIOUS ACTS AND THOSE OF ITS AGENTS,  AND  (B)  FOR
BREACH OF A CONTRACT, RELATING TO CONSTRUCTION, RECONSTRUCTION, IMPROVE-
MENT,  MAINTENANCE  OR  OPERATION,  IN THE SAME MANNER AND TO THE EXTENT
PROVIDED BY AND SUBJECT TO THE PROVISIONS OF THE  COURT  OF  CLAIMS  ACT
WITH  RESPECT TO CLAIMS AGAINST THE STATE, AND TO MAKE AWARDS AND RENDER
JUDGMENTS THEREFOR.  ALL AWARDS AND JUDGMENTS ARISING FROM  SUCH  CLAIMS
SHALL BE PAID OUT OF MONEYS OF THE CANAL CORPORATION.
  5.  THE  MEMBERS  OF  THE  CANAL CORPORATION SHALL BE THE SAME PERSONS
HOLDING THE OFFICES OF TRUSTEES OF THE AUTHORITY.
  6. NO OFFICER OR MEMBER OF THE CANAL  CORPORATION  SHALL  RECEIVE  ANY
ADDITIONAL   COMPENSATION,   EITHER   DIRECT  OR  INDIRECT,  OTHER  THAN
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM-
ANCE OF HIS OR HER DUTIES, BY REASON OF HIS OR HER SERVING AS A  MEMBER,
DIRECTOR, OR TRUSTEE OF THE CANAL CORPORATION.
  7.  THE  EMPLOYEES  OF THE CANAL CORPORATION SHALL NOT BE DEEMED TO BE
EMPLOYEES OF THE AUTHORITY BY REASON OF THEIR EMPLOYMENT  BY  THE  CANAL
CORPORATION.  ALL  OFFICERS AND EMPLOYEES OF THE CANAL CORPORATION SHALL
BE SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW WHICH SHALL  APPLY
TO  THE  CANAL  CORPORATION AND SUCH CORPORATION SHALL BE SUBJECT TO THE
JURISDICTION OF THE NEW YORK STATE DEPARTMENT OF CIVIL SERVICE  AND  THE
NEW  YORK  STATE  CIVIL SERVICE COMMISSION.  THE CANAL CORPORATION SHALL
PARTICIPATE IN THE  NEW  YORK  STATE  AND  LOCAL  EMPLOYEES'  RETIREMENT
SYSTEM.  NOTHING  CONTAINED  IN  A  CHAPTER  OF THE LAWS OF TWO THOUSAND
SIXTEEN THAT ADDED THIS SECTION SHALL BE CONSTRUED TO AFFECT THE  RIGHTS
AND  PRIVILEGES  OF  THE CANAL CORPORATION OR ANY OF ITS EMPLOYEES UNDER
ANY PROVISIONS OF THE CIVIL SERVICE  LAW  OR  ANY  EXISTING  OR  EXPIRED
S. 6406--C                         127                        A. 9006--C
COLLECTIVE  BARGAINING  AGREEMENT  IN EFFECT AS OF THE EFFECTIVE DATE OF
TRANSFER OF THE CANAL CORPORATION FROM  THE  THRUWAY  AUTHORITY  TO  THE
AUTHORITY.    ANY  SUCH  EMPLOYEE WHO AT THE TIME OF SUCH TRANSFER SHALL
HAVE  BEEN IN A NEGOTIATING UNIT REPRESENTED BY AN EMPLOYEE ORGANIZATION
WHICH WAS CERTIFIED OR RECOGNIZED PURSUANT TO ARTICLE  FOURTEEN  OF  THE
CIVIL  SERVICE  LAW  SHALL  CONTINUE  TO BE REPRESENTED BY SAID EMPLOYEE
ORGANIZATION. THERE SHALL BE NO REDUCTION OF STAFF,  LOSS  OF  POSITION,
INCLUDING  PARTIAL  DISPLACEMENT,  SUCH  AS  REDUCTION  IN  THE HOURS OF
NON-OVERTIME, WAGES, OR EMPLOYMENT BENEFITS AS A RESULT OF THE  TRANSFER
OF THE CANAL CORPORATION FROM THE THRUWAY AUTHORITY TO THE AUTHORITY FOR
TWENTY-FOUR MONTHS FOLLOWING SUCH TRANSFER.
  8.  THE  FISCAL YEAR OF THE CANAL CORPORATION SHALL BE THE SAME AS THE
FISCAL YEAR FOR THE AUTHORITY.
  9. THE CANAL CORPORATION SHALL HAVE THE POWER TO:
  (A)  OPERATE,  MAINTAIN,  CONSTRUCT,  RECONSTRUCT,  IMPROVE,  DEVELOP,
FINANCE, AND PROMOTE THE CANAL SYSTEM;
  (B) SUE AND BE SUED;
  (C) HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
  (D)  MAKE  AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
MENT AND MAKE RULES AND REGULATIONS GOVERNING THE USE  OF  ITS  PROPERTY
AND FACILITIES;
  (E) APPOINT OFFICERS AND EMPLOYEES AND FIX THEIR COMPENSATION;
  (F)  MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR
CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS CHAP-
TER;
  (G) ACQUIRE, HOLD, AND DISPOSE OF REAL OR PERSONAL  PROPERTY  FOR  ITS
CORPORATE PURPOSES;
  (H) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR
RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
  (I)  PROCURE  INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS ACTIV-
ITIES, PROPERTIES, AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR-
ERS AS IT DEEMS DESIRABLE;
  (J) INVEST ANY FUNDS OF THE CANAL CORPORATION,  OR  ANY  OTHER  MONIES
UNDER  ITS  CUSTODY  AND  CONTROL  NOT  REQUIRED  FOR  IMMEDIATE  USE OR
DISBURSEMENT, AT THE DISCRETION OF THE CANAL CORPORATION, IN OBLIGATIONS
OF THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE  PRINCI-
PAL  AND  INTEREST  OF  WHICH  ARE GUARANTEED BY THE STATE OR THE UNITED
STATES GOVERNMENT, OR IN ANY OTHER OBLIGATIONS IN WHICH THE  COMPTROLLER
OF  THE STATE IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A
OF THE STATE FINANCE LAW;
  (K) EXERCISE THOSE POWERS AND DUTIES OF THE AUTHORITY DELEGATED TO  IT
BY THE AUTHORITY;
  (L)  PREPARE AND SUBMIT A CAPITAL PROGRAM PLAN PURSUANT TO SECTION TEN
OF THE CANAL LAW;
  (M) APPROVE AND IMPLEMENT THE NEW YORK STATE CANAL RECREATIONWAY  PLAN
SUBMITTED  PURSUANT  TO  SECTION ONE HUNDRED THIRTY-EIGHT-C OF THE CANAL
LAW. THE CANAL CORPORATION'S REVIEW AND APPROVAL OF  THE  CANAL  RECREA-
TIONWAY PLAN SHALL BE BASED UPON ITS CONSIDERATION OF A GENERIC ENVIRON-
MENTAL  IMPACT STATEMENT PREPARED BY THE CANAL CORPORATION IN ACCORDANCE
WITH ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND  THE  REGU-
LATIONS  THEREUNDER.  PRIOR  TO  THE  IMPLEMENTATION  OF ANY SUBSTANTIAL
IMPROVEMENT BY THE CANAL CORPORATION ON CANAL LANDS, CANAL TERMINALS, OR
CANAL TERMINAL LANDS, OR THE LEASE OF CANAL LANDS, CANAL  TERMINALS,  OR
CANAL  TERMINAL  LANDS FOR SUBSTANTIAL COMMERCIAL IMPROVEMENT, THE CANAL
CORPORATION, IN ADDITION TO ANY REVIEW TAKEN PURSUANT TO  SECTION  14.09
OF  THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, SHALL CONDUCT A
S. 6406--C                         128                        A. 9006--C
RECONNAISSANCE LEVEL SURVEY WITHIN THREE THOUSAND FEET OF SUCH LANDS  TO
BE  IMPROVED  OF THE TYPE, LOCATION, AND SIGNIFICANCE OF HISTORIC BUILD-
INGS, SITES, AND DISTRICTS LISTED ON, OR WHICH MAY BE ELIGIBLE, FOR  THE
STATE  OR  NATIONAL  REGISTERS  OF HISTORIC PLACES. THE FINDINGS OF SUCH
SURVEY SHALL BE USED TO IDENTIFY SIGNIFICANT HISTORICAL RESOURCES AND TO
DETERMINE WHETHER THE PROPOSED IMPROVEMENTS  ARE  COMPATIBLE  WITH  SUCH
HISTORIC BUILDINGS, SITES, AND DISTRICTS;
  (N)  ENTER ON ANY LANDS, WATERS, OR PREMISES FOR THE PURPOSE OF MAKING
BORINGS, SOUNDINGS, AND SURVEYS;
  (O) ACCEPT ANY GIFTS OR ANY GRANT OF FUNDS OR PROPERTY FROM THE FEDER-
AL GOVERNMENT OR FROM THE STATE OR ANY OTHER  FEDERAL  OR  STATE  PUBLIC
BODY OR POLITICAL SUBDIVISION OR ANY OTHER PERSON AND TO COMPLY WITH THE
TERMS AND CONDITIONS THEREOF; AND
  (P) WAIVE ANY FEE FOR A WORK PERMIT WHICH IT HAS THE POWER TO ISSUE IF
IN  ITS  DISCRETION  THE PROJECT WHICH IS SUBJECT TO A WORK PERMIT WOULD
ADD VALUE TO CANAL LANDS WITHOUT ANY COST TO THE CANAL CORPORATION,  THE
AUTHORITY, OR THE STATE.
  10.  (A) THE CANAL CORPORATION SHALL REVIEW THE BUDGET REQUEST SUBMIT-
TED BY THE  CANAL  RECREATIONWAY  COMMISSION  PURSUANT  TO  SECTION  ONE
HUNDRED THIRTY-EIGHT-B OF THE CANAL LAW.
  (B) THE CANAL CORPORATION, ON OR BEFORE THE FIFTEENTH DAY OF SEPTEMBER
OF  EACH  YEAR, SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET A REQUEST FOR
THE EXPENDITURE OF FUNDS AVAILABLE FROM THE NEW YORK STATE CANAL  SYSTEM
DEVELOPMENT  FUND  PURSUANT TO SECTION NINETY-TWO-U OF THE STATE FINANCE
LAW OR AVAILABLE FROM ANY OTHER NON-FEDERAL  SOURCES  APPROPRIATED  FROM
THE STATE TREASURY.
  (C)  IN  THE EVENT THAT THE REQUEST SUBMITTED BY THE CANAL CORPORATION
TO THE DIRECTOR OF THE BUDGET DIFFERS FROM THE REQUEST SUBMITTED BY  THE
COMMISSION  TO  THE CANAL CORPORATION, THEN THE REQUEST SUBMITTED BY THE
CANAL CORPORATION TO THE  DIRECTOR  OF  THE  BUDGET  SHALL  SPECIFY  THE
DIFFERENCES AND SHALL SET FORTH THE REASONS FOR SUCH DIFFERENCES.
  11.  THE  CANAL  CORPORATION  SHALL NOT HAVE THE POWER TO ISSUE BONDS,
NOTES, OR OTHER EVIDENCES OF INDEBTEDNESS; PROVIDED THAT NOTWITHSTANDING
THE FOREGOING, THE CANAL CORPORATION MAY AGREE TO REPAY AMOUNTS ADVANCED
TO THE CANAL CORPORATION BY THE AUTHORITY AND TO EVIDENCE SUCH AGREEMENT
BY DELIVERY OF A PROMISSORY NOTE OR NOTES TO THE AUTHORITY.
  12. THE CANAL CORPORATION MAY DO  ANY  AND  ALL  THINGS  NECESSARY  OR
CONVENIENT  TO  CARRY  OUT  AND EXERCISE THE POWERS GIVEN AND GRANTED BY
THIS SECTION.
  13. THE AUTHORITY AND ALL OTHER STATE OFFICERS,  DEPARTMENTS,  BOARDS,
DIVISIONS,  COMMISSIONS,  PUBLIC  AUTHORITIES, AND PUBLIC BENEFIT CORPO-
RATIONS MAY RENDER SUCH SERVICES TO THE CANAL CORPORATION  WITHIN  THEIR
RESPECTIVE FUNCTIONS AS MAY BE REQUESTED BY THE CANAL CORPORATION.
  14.  WHENEVER  ANY  STATE POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS-
SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION, OR PERSON IS AUTHOR-
IZED AND EMPOWERED FOR ANY OF THE PURPOSES OF THIS  TITLE  TO  COOPERATE
AND  ENTER  INTO  AGREEMENTS  WITH  THE  AUTHORITY, SUCH STATE POLITICAL
SUBDIVISION,  MUNICIPALITY,  COMMISSION,  AGENCY,  OFFICER,  DEPARTMENT,
BOARD,  DIVISION,  OR PERSON SHALL HAVE THE SAME AUTHORIZATION AND POWER
FOR ANY SUCH PURPOSES TO COOPERATE AND ENTER INTO  AGREEMENTS  WITH  THE
CANAL CORPORATION.
  S  23.  The  public authorities law is amended by adding a new section
1005-c to read as follows:
  S 1005-C. ADDITIONAL  POWERS  OF  THE  AUTHORITY  TO  FINANCE  CERTAIN
PROJECTS  IN CONNECTION WITH THE NEW YORK STATE CANAL SYSTEM. 1. (A) THE
AUTHORITY IS HEREBY AUTHORIZED, AS AN ADDITIONAL CORPORATE PURPOSE THER-
S. 6406--C                         129                        A. 9006--C
EOF, TO ISSUE ITS BONDS, NOTES AND OTHER EVIDENCES  OF  INDEBTEDNESS  IN
CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE FOR
PURPOSES  OF FINANCING THE CONSTRUCTION, RECONSTRUCTION, DEVELOPMENT AND
IMPROVEMENT OF THE NEW YORK STATE CANAL SYSTEM.
  (B)  THE  AUTHORITY SHALL ISSUE ANY SUCH BONDS, NOTES, OR EVIDENCES OF
INDEBTEDNESS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION  ON  A  BASIS
SUBORDINATE  IN  LIEN  AND PRIORITY OF PAYMENT TO THE AUTHORITY'S SENIOR
LIEN INDEBTEDNESS AS THE AUTHORITY SHALL PROVIDE BY RESOLUTION.
  2. ALL OF THE PROVISIONS OF THIS TITLE RELATING TO  BONDS,  NOTES  AND
OTHER  EVIDENCE  OF  INDEBTEDNESS,  WHICH ARE NOT INCONSISTENT WITH THIS
SECTION, SHALL APPLY TO OBLIGATIONS AUTHORIZED BY THIS SECTION,  INCLUD-
ING  BUT  NOT  LIMITED  TO THE POWER TO ISSUE RENEWAL NOTES OR REFUNDING
BONDS THEREOF.
  3. SUBJECT TO AGREEMENTS WITH NOTEHOLDERS OR BONDHOLDERS, THE AUTHORI-
TY SHALL HAVE THE AUTHORITY TO FIX AND COLLECT SUCH  FEES,  RENTALS  AND
CHARGES FOR THE USE OF THE CANAL SYSTEM OR ANY PART THEREOF NECESSARY OR
CONVENIENT,  WITH  AN  ADEQUATE  MARGIN OF SAFETY, TO PRODUCE SUFFICIENT
REVENUE TO MEET THE EXPENSE OF MAINTENANCE AND OPERATION AND TO  FULFILL
THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS OF ITS NOTES OR BONDS,
AND TO ESTABLISH THE RIGHTS AND PRIVILEGES GRANTED UPON PAYMENT THEREOF;
PROVIDED,  HOWEVER,  THAT  TOLLS  MAY  ONLY  BE  IMPOSED FOR THE PASSAGE
THROUGH LOCKS AND LIFT BRIDGES BY VESSELS WHICH ARE PROPELLED  IN  WHOLE
OR IN PART BY MECHANICAL POWER.
  S 24. Paragraph (i) of subdivision 1 of section 19 of the public offi-
cers law, as added by chapter 115 of the laws of 2000, is REPEALED and a
new paragraph (j) is added to read as follows:
  (J)  FOR  PURPOSES  OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE
DIRECTORS, OFFICERS AND EMPLOYEES OF  THE  THRUWAY  AUTHORITY,  AND  THE
DIRECTORS,  OFFICERS  AND  EMPLOYEES  OF THE CANAL CORPORATION. IN THOSE
CASES WHERE THE DEFINITION OF THE TERM "EMPLOYEE" PROVIDED IN THIS PARA-
GRAPH IS APPLICABLE, THE TERM "STATE", AS UTILIZED IN SUBDIVISIONS  TWO,
THREE,  AND  FOUR OF THIS SECTION, SHALL MEAN THE THRUWAY AUTHORITY WHEN
THE EMPLOYEE IS A DIRECTOR, OFFICER, OR EMPLOYEE OF THE THRUWAY AUTHORI-
TY, OR THE CANAL CORPORATION, WHEN THE EMPLOYEE IS A DIRECTOR,  OFFICER,
OR EMPLOYEE OF THE CANAL CORPORATION.
  S  25. Subdivisions 9 and 10 of section 481 of the transportation law,
as added by section 1 of part A of chapter 60 of the laws of  2005,  are
amended to read as follows:
  9. "Canal corporation" shall mean the New York state canal corporation
created  [pursuant  to section three hundred eighty-two] AS A SUBSIDIARY
CORPORATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO  CHAPTER
SEVEN  HUNDRED  SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND
CONTINUED AND RECONSTITUTED AS A SUBSIDIARY  CORPORATION  OF  THE  POWER
AUTHORITY  OF  THE  STATE  OF  NEW  YORK  PURSUANT TO SUBDIVISION ONE OF
SECTION ONE THOUSAND FIVE-B of the public authorities law.
  10. "Canal system" shall mean the "New York state canal  system"[,  as
such  term is defined by subdivision ten of section three hundred fifty-
one of the public authorities law] SHALL MEAN ALL OF THE  CANALS,  CANAL
LANDS,  FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL LANDS
AND OTHER PROPERTY UNDER THE JURISDICTION OF THE  CANAL  CORPORATION  OF
THE STATE OF NEW YORK PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW.
  S 26. Section 33.01 of the parks, recreation and historic preservation
law,  as  amended by chapter 317 of the laws of 2009, is amended to read
as follows:
  S 33.01 New York state heritage areas advisory  council.  There  shall
continue  to  be  in the office a New York state heritage areas advisory
S. 6406--C                         130                        A. 9006--C
council which shall consist of twenty-six members  or  their  designated
representatives.  The  commissioner  shall  be  a member of the advisory
council. In addition, the advisory council shall consist of the  follow-
ing twenty-five other members: the commissioner of economic development,
to  advise and assist regarding related tourism and economic revitaliza-
tion; the commissioner of education, to advise and assist regarding  the
interpretive  and  educational aspects of the programs; the secretary of
state, to advise and assist regarding matters of  community  development
and  state planning and to advise on the identification and preservation
of rural resources; the commissioner of transportation,  to  advise  and
assist regarding matters of transportation to and within heritage areas;
the  president  of  the New York state urban development corporation, to
advise and assist regarding matters of economic development; the commis-
sioner of environmental conservation, to  advise  and  assist  regarding
matters  of  conservation  and use of natural resources; the chairman of
the state board for historic  preservation,  to  advise  and  assist  in
matters regarding historic preservation; the commissioner of housing and
community renewal to advise and assist regarding neighborhood and commu-
nity  development  and  preservation  programs; the [chairman of the New
York state thruway authority] PRESIDENT AND CHIEF EXECUTIVE  OFFICER  OF
THE  POWER AUTHORITY OF THE STATE OF NEW YORK regarding the operation of
the New York state canal system; the  commissioner  of  agriculture  and
markets regarding agriculture in heritage areas; a representative of the
State Heritage Area Association; the director or chief executive officer
of  the  Hudson River National Heritage Area, the Erie Canalway National
Heritage Corridor, the Champlain Valley  National  Heritage  Partnership
and  the  Niagara  Falls  National  Heritage Area; and ten members to be
appointed by the governor, three of  such  members  shall  be  municipal
officers,  elected  officials  or  representatives  of  local government
interest and seven of such members shall be, by professional training or
experience or attainment, qualified  to  analyze  or  interpret  matters
relevant to the establishment and maintenance of state designated herit-
age  areas including urban cultural parks and heritage corridors, one of
whom shall be the director of a heritage area. Of these last seven,  two
are to be appointed from names recommended by the majority leader of the
senate, two are to be appointed from names recommended by the speaker of
the  assembly,  one  is  to  be  appointed from names recommended by the
minority leader of the senate and one is  to  be  appointed  from  names
recommended  by  the  minority leader of the assembly.  The governor may
designate such ex-officio  members  who  shall  be  from  the  executive
department,  state  agencies  or  public corporations as he or she deems
appropriate; provided that such ex-officio members  shall  not  vote  on
matters  before  the  advisory council. For the ten members appointed by
the governor, each shall hold office for a term of five years and  until
his  or her successor shall have been appointed or until he or she shall
resign. The members of the advisory council shall  elect  a  chair  from
amongst  its  members  for  a term of three years. Eleven members of the
advisory council shall constitute a quorum for the  transaction  of  any
business at both regular and special meetings. Any ex-officio member may
delegate  all  his or her duties of membership, including voting rights,
to an officer or employee of such member's organization. No member shall
receive any compensation.
  S 27. Paragraph (h-1) of subdivision 2 of section 35.07 of the  parks,
recreation  and  historic preservation law, as amended by chapter 666 of
the laws of 1994, is amended to read as follows:
S. 6406--C                         131                        A. 9006--C
  (h-1) [Chairman of the New York state thruway authority] PRESIDENT AND
CHIEF EXECUTIVE OFFICER OF THE POWER AUTHORITY OF THE STATE OF NEW  YORK
regarding [its] operation of the New York state canal system;
  S  28. Notwithstanding any other provision of law, the power authority
of the state of New York (power authority) and the New York state  thru-
way authority (thruway authority) are hereby authorized to enter into an
agreement,  effective  April  1, 2016, whereby the power authority shall
reimburse the thruway authority, monthly, for any and all operating  and
capital  costs,  expended by the thruway authority for the operation and
maintenance of the New York state canal system (canal system),  and  the
operation  of  the New York state canal corporation (canal corporation),
for the period of April 1, 2016 through January  1,  2017.  The  thruway
authority shall provide the power authority with a monthly report of all
expenditures  related to the canal corporation and the canal system, and
provide access to all necessary  financial  records  to  carry  out  the
intent of this section.
  S  29.  This act, being necessary for the welfare of the state and its
inhabitants, shall be liberally construed to effect the purposes  there-
of.
  S 30. (a) The power authority shall prepare an implementation plan for
the  transfer of the canal corporation from the thruway authority to the
power authority pursuant to a chapter of the laws  of  2016  enacted  no
later  than  July  1,  2016.  Such  implementation  plan shall include a
requirement that the rights and privileges of all employees under exist-
ing collective bargaining agreements shall not be adversely impacted  at
the  time  of  transfer,  a  report on the status of relevant collective
bargaining agreements and the preservation and maintenance  of  economic
development  programs  and projects funded by the power authority, along
with its ability to continue to effectuate its core mission to power the
economic growth and competitiveness  of  New  York  state  by  providing
customers with low-cost, clean, reliable power and the innovative energy
infrastructure and services they value.
  (b)  In  the event of a failure to enact such a chapter of the laws of
2016, the power authority shall prepare an implementation plan  for  the
transfer  of  the    canal corporation from the thruway authority to the
power authority, in consultation with the  temporary  president  of  the
senate and the speaker of the assembly and with approval of the director
of  the division of budget, and submit such plan to the governor and the
legislature no later than October  1,  2016.  Such  implementation  plan
shall  include  a  requirement  that  the  rights  and privileges of all
employees under existing collective bargaining agreements shall  not  be
adversely  impacted  at  the time of transfer, a report on the status of
relevant collective bargaining agreements and the preservation and main-
tenance of economic development programs  and  projects  funded  by  the
power  authority,  along  with its ability to continue to effectuate its
core mission to power the economic growth  and  competitiveness  of  New
York  state  by providing customers with low-cost, clean, reliable power
and the innovative energy infrastructure and services they value.
  S 31. This act shall take effect on January 1, 2017; provided,  howev-
er,  that  sections  five and twenty-eight of this act shall take effect
immediately.
                                 PART UU
  Section 1. The state comptroller is hereby authorized and directed  to
loan  money in accordance with the provisions set forth in subdivision 5
S. 6406--C                         132                        A. 9006--C
of section 4 of the state finance law  to  the  following  funds  and/or
accounts:
  1. Proprietary vocational school supervision account (20452).
  2. Local government records management account (20501).
  3. Child health plus program account (20810).
  4. EPIC premium account (20818).
  5. Education - New (20901).
  6. VLT - Sound basic education fund (20904).
  7.   Sewage  treatment  program  management  and  administration  fund
(21000).
  8. Hazardous bulk storage account (21061).
  9. Federal grants indirect cost recovery account (21065).
  10. Low level radioactive waste account (21066).
  11. Recreation account (21067).
  12. Public safety recovery account (21077).
  13. Environmental regulatory account (21081).
  14. Natural resource account (21082).
  15. Mined land reclamation program account (21084).
  16. Great lakes restoration initiative account (21087).
  17. Environmental protection and oil spill compensation fund (21200).
  18. Public transportation systems account (21401).
  19. Metropolitan mass transportation (21402).
  20. Operating permit program account (21451).
  21. Mobile source account (21452).
  22.  Statewide  planning  and  research  cooperative  system   account
(21902).
  23. New York state thruway authority account (21905).
  24. Mental hygiene program fund account (21907).
  25. Mental hygiene patient income account (21909).
  26. Financial control board account (21911).
  27. Regulation of racing account (21912).
  28. New York Metropolitan Transportation Council account (21913).
  29. State university dormitory income reimbursable account (21937).
  30. Criminal justice improvement account (21945).
  31. Environmental laboratory reference fee account (21959).
  32. Clinical laboratory reference system assessment account (21962).
  33. Indirect cost recovery account (21978).
  34. High school equivalency program account (21979).
  35. Multi-agency training account (21989).
  36.  Interstate  reciprocity  for  post-secondary  distance  education
account.
  37. Bell jar collection account (22003).
  38. Industry and utility service account (22004).
  39. Real property disposition account (22006).
  40. Parking account (22007).
  41. Asbestos safety training program account (22009).
  42. Batavia school for the blind account (22032).
  43. Investment services account (22034).
  44. Surplus property account (22036).
  45. Financial oversight account (22039).
  46. Regulation of Indian gaming account (22046).
  47. Rome school for the deaf account (22053).
  48. Seized assets account (22054).
  49. Administrative adjudication account (22055).
  50. Federal salary sharing account (22056).
  51. New York City assessment account (22062).
S. 6406--C                         133                        A. 9006--C
  52. Cultural education account (22063).
  53. Local services account (22078).
  54. DHCR mortgage servicing account (22085).
  55. Department of motor vehicles compulsory insurance account (22087).
  56. Housing indirect cost recovery account (22090).
  57. DHCR-HCA application fee account (22100).
  58. Low income housing monitoring account (22130).
  59. Corporation administration account (22135).
  60. Montrose veteran's home account (22144).
  61. Deferred compensation administration account (22151).
  62. Rent revenue other New York City account (22156).
  63. Rent revenue account (22158).
  64. Tax revenue arrearage account (22168).
  65. Highway use tax administration account.
  66. State university general income offset account (22654).
  67. Lake George park trust fund account (22751).
  68. State police motor vehicle law enforcement account (22802).
  69. Highway safety program account (23001).
  70. EFC drinking water program account (23101).
  71. DOH drinking water program account (23102).
  72. NYCCC operating offset account (23151).
  73. Commercial gaming revenue account (23701).
  74. Commercial gaming regulation account (23702).
  75. Highway and bridge capital account (30051).
  76. State university residence hall rehabilitation fund (30100).
  77. State parks infrastructure account (30351).
  78. Clean water/clean air implementation fund (30500).
  79. Hazardous waste remedial cleanup account (31506).
  80. Youth facilities improvement account (31701).
  81. Housing assistance fund (31800).
  82. Housing program fund (31850).
  83. Highway facility purpose account (31951).
  84. Information technology capital financing account (32215).
  85. New York racing account (32213).
  86. Mental hygiene facilities capital improvement fund (32300).
  87. Correctional facilities capital improvement fund (32350).
  88. New York State Storm Recovery Capital Fund (33000).
  89. OGS convention center account (50318).
  90. Empire Plaza Gift Shop (50327)
  91. Centralized services fund (55000).
  92. Archives records management account (55052).
  93. Federal single audit account (55053).
  94. Civil service EHS occupational health program account (55056).
  95. Banking services account (55057).
  96. Cultural resources survey account (55058).
  97. Automation & printing chargeback account (55060).
  98. OFT NYT account (55061).
  99. Data center account (55062).
  100. Intrusion detection account (55066).
  101. Domestic violence grant account (55067).
  102. Centralized technology services account (55069).
  103. Labor contact center account (55071).
  104. Human services contact center account (55072).
  105. Tax contact center account (55073).
  106. Executive direction internal audit account (55251).
  107. CIO Information technology centralized services account (55252).
S. 6406--C                         134                        A. 9006--C
  108. Health insurance internal service account (55300).
  109.  Civil  service employee benefits division administrative account
(55301).
  110. Correctional industries revolving fund (55350).
  111. Employees health insurance account (60201).
  112. Medicaid management information system escrow fund (60900).
  S 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in  subdivision  5  of
section  4  of the state finance law to any account within the following
federal funds, provided the comptroller has made  a  determination  that
sufficient  federal grant award authority is available to reimburse such
loans:
  1. Federal USDA-food and nutrition services fund (25000).
  2. Federal health and human services fund (25100).
  3. Federal education fund (25200).
  4. Federal block grant fund (25250).
  5. Federal miscellaneous operating grants fund (25300).
  6. Federal unemployment insurance administration fund (25900).
  7. Federal unemployment insurance occupational training fund (25950).
  8. Federal emergency employment act fund (26000).
  9. Federal capital projects fund (31350).
  S 2. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2017, and with respect to item 5 under the miscella-
neous  category  set  forth  in  this section, up to and after March 31,
2017, up to the unencumbered balance or the following amounts:
  Economic Development and Public Authorities:
  1. $175,000 from the miscellaneous special revenue  fund,  underground
facilities safety training account (22172), to the general fund.
  2.  An  amount  up  to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services  account  (21977),
to the general fund.
  3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
enforcement account (21904), to the general fund.
  4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
revenue fund, tax revenue arrearage account (22168).
  Education:
  1.  $2,360,000,000  from  the  general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made  from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  2.  $961,000,000  from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made  from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  3.  Moneys  from  the  state lottery fund up to an amount deposited in
such fund pursuant to section 1612 of the  tax  law  in  excess  of  the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  4.  Up  to $137,700,000 from the moneys deposited in commercial gaming
revenue account  (23701)  to  the  general  fund  as  reimbursement  for
disbursements  made from the general fund for supplemental aid to educa-
tion during the prior fiscal year due to the unencumbered balance of the
S. 6406--C                         135                        A. 9006--C
commercial gaming revenue account during the  prior  fiscal  year  being
less  than required to fully fund payments of general support for public
schools, pursuant to Chapter 61 of the laws of 2015.
  5.  $300,000  from the local government records management improvement
fund (20500) to the archives partnership trust fund (20350).
  6. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
  7. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
  8. $343,400,000  from  the  state  university  dormitory  income  fund
(40350)  to  the  miscellaneous  special  revenue fund, state university
dormitory income reimbursable account (21937).
  9. $24,000,000 from any of  the  state  education  department  special
revenue  and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
  10. $8,318,000 from the general fund to the  state  university  income
fund,  state  university  income offset account (22654), for the state's
share of repayment of the STIP loan.
  11. $40,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service for the period April 1,  2015  through  March  31,
2016.
  12.  An  amount  up  to $14,251,000 from the general fund to the state
university  income  fund,  state  university  general  revenue   account
(22653).
  Environmental Affairs:
  1.  $16,000,000  from any of the department of environmental conserva-
tion's special revenue federal funds to the  environmental  conservation
special revenue fund, federal indirect recovery account (21065).
  2.  $2,000,000  from  any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund as  neces-
sary to avoid diversion of conservation funds.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation  capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant  indirect
cost recovery account (22188).
  4. $1,000,000 from any of the office of parks, recreation and historic
preservation  special revenue federal funds to the miscellaneous special
revenue fund, I love NY water account (21930).
  5. $146,000,000 from the general fund to the environmental  protection
fund, environmental protection fund transfer account (30451).
  6.  $9,700,000  from  the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
  Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous  special
revenue  fund, office of human resources development state match account
(21967).
  2. $4,000,000 from any of the office of children and  family  services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
  3. $18,670,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
S. 6406--C                         136                        A. 9006--C
special revenue federal  funds  and  any  other  miscellaneous  revenues
generated  from  the operation of office of children and family services
programs to the general fund.
  4.  $140,000,000  from  any  of the office of temporary and disability
assistance or department of health special revenue funds to the  general
fund.
  5.  $2,500,000  from  any  of  the  office of temporary and disability
assistance special revenue federal funds to  the  miscellaneous  special
revenue  fund,  office  of  temporary  and disability assistance program
account (21980).
  6. $21,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor,  and
department  of  health  special  revenue  federal funds to the office of
children and family services miscellaneous special revenue fund,  multi-
agency training contract account (21989).
  7.  $65,000,000  from  the  miscellaneous  special revenue fund, youth
facility per diem account (22186), to the general fund.
  8. $621,850 from the general fund to the combined gifts,  grants,  and
bequests fund, WB Hoyt Memorial account (20128).
  9.  $3,100,000  from  the  miscellaneous  special  revenue fund, state
central registry (22028), to the general fund.
  10. $1,000,000 from the general  fund  to  the  housing  program  fund
(31850).
  General Government:
  1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
  2. $12,500,000 from the general fund to the health insurance revolving
fund (55300).
  3.  $192,400,000  from  the  health  insurance  reserve  receipts fund
(60550) to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
  5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
  6. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
property account (22036), to the general fund.
  7.  $19,000,000  from  the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
  8. $1,826,000 from the miscellaneous  special  revenue  fund,  revenue
arrearage  account  (22024),  to the miscellaneous special revenue fund,
authority budget office account (22138).
  9. $1,000,000 from the miscellaneous  special  revenue  fund,  parking
services  account (22007), to the general fund, for the purpose of reim-
bursing the costs of debt service related to state parking facilities.
  10. $21,789,000 from the general  fund  to  the  centralized  services
fund, COPS account (55013).
  11.  $2,360,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for  the  purpose  of
enterprise technology projects.
  12.  $15,000,000 from the miscellaneous special revenue fund, workers'
compensation account (21995),  to  the  miscellaneous  capital  projects
fund, workers' compensation board IT business process design fund.
  Health:
  1. $33,710,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
S. 6406--C                         137                        A. 9006--C
  2.  A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155),  up
to  an  amount  equal  to  the  monies collected and deposited into that
account in the previous fiscal year.
  3.  A transfer from the general fund to the combined gifts, grants and
bequests  fund,  prostate  cancer  research,  detection,  and  education
account  (20183),  up  to  an  amount  equal to the moneys collected and
deposited into that account in the previous fiscal year.
  4. A transfer from the general fund to the combined gifts, grants  and
bequests  fund,  Alzheimer's  disease  research  and  assistance account
(20143), up to an amount equal to the  moneys  collected  and  deposited
into that account in the previous fiscal year.
  5.  $30,295,000  from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell  trust  fund  account
(22161).
  6. $7,000,000 from the miscellaneous special revenue fund, certificate
of  need  account  (21920),  to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
  7. $1,000,000 from the miscellaneous special  revenue  fund,  adminis-
tration  program  account (21982), to the miscellaneous capital projects
fund, healthcare IT capital account (32216).
  8. $1,000,000 from  the  miscellaneous  special  revenue  fund,  vital
records  account  (22103),  to  the miscellaneous capital projects fund,
healthcare IT capital account (32216).
  9. $55,500,000 from the HCRA resources fund  (20800)  to  the  capital
projects fund (30000).
  10.  $3,700,000  from  the  miscellaneous  New York state agency fund,
medical assistance account to the general fund.
  11. $4,886,000 from the general fund to the  medical  marihuana  trust
fund, health operation and oversight account (23755).
  12.  $1,086,000  from  the miscellaneous special revenue fund, certif-
icate of need account (21920), to the general fund.
  13. $1,000,000 from the miscellaneous special  revenue  fund,  profes-
sional  medical  conduct  account  (22088), to the miscellaneous capital
projects fund, healthcare IT capital account (32216).
  Labor:
  1. $400,000 from the miscellaneous special revenue fund, DOL  fee  and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
  2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the general fund.
  3.  $3,300,000  from  the  unemployment insurance interest and penalty
fund,  unemployment  insurance  special  interest  and  penalty  account
(23601), to the general fund.
  Mental Hygiene:
  1.  $10,000,000  from  the  miscellaneous special revenue fund, mental
hygiene patient income account (21909),  to  the  miscellaneous  special
revenue fund, federal salary sharing account (22056).
  2.  $1,950,000,000  from the general fund to the miscellaneous special
revenue fund, mental hygiene patient income account (21909).
  3. $1,550,000,000 from the general fund to the  miscellaneous  special
revenue fund, mental hygiene program fund account (21907).
  4.  $100,000,000  from  the miscellaneous special revenue fund, mental
hygiene program fund account (21907), to the general fund.
  5. $100,000,000 from the miscellaneous special  revenue  fund,  mental
hygiene patient income account (21909), to the general fund.
S. 6406--C                         138                        A. 9006--C
  6.  $3,800,000  from  the  miscellaneous  special revenue fund, mental
hygiene patient income account (21909), to the agencies internal service
fund, civil service EHS occupational health program account (55056).
  7.  $5,000,000  from  the  chemical dependence service fund, substance
abuse services  fund  account  (22700),  to  the  miscellaneous  capital
projects fund, chemical dependence service capital account.
  Public Protection:
  1.  $1,350,000  from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
  2. $3,300,000 from the  general  fund  to  the  miscellaneous  special
revenue fund, recruitment incentive account (22171).
  3.  $10,500,000  from  the general fund to the correctional industries
revolving  fund,  correctional  industries  internal   service   account
(55350).
  4.  $3,000,000  from  the federal miscellaneous operating grants fund,
DMNA damage account (25324), to the general fund.
  5. $6,300,000 from the  general  fund  to  the  miscellaneous  special
revenue fund, crimes against revenue program account (22015).
  6.  $8,600,000  from  the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.
  7. $106,000,000 from the state police motor  vehicle  law  enforcement
and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
police motor vehicle enforcement account (22802), to  the  general  fund
for state operation expenses of the division of state police.
  8.  $53,500,000  from  the general fund to the correctional facilities
capital improvement fund (32350).
  9. $5,000,000 from the general  fund  to  the  dedicated  highway  and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
  10. $10,000,000 from the miscellaneous special revenue fund, statewide
public  safety  communications  account (22123), to the capital projects
fund (30000).
  11. $2,900,000 from the  miscellaneous  special  revenue  fund,  legal
services assistance account (22096), to the general fund.
  12.  $300,000  from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
theft and insurance fraud account (22801), to the general fund.
  13.  $1,000,000 from the general fund to the agencies internal service
fund, center for employment opportunities NWP account.
  Transportation:
  1. $17,672,000 from the federal miscellaneous operating grants fund to
the miscellaneous special revenue fund, New York Metropolitan  Transpor-
tation Council account (21913).
  2. $20,147,000 from the federal capital projects fund to the miscella-
neous special revenue fund, New York Metropolitan Transportation Council
account (21913).
  3.  $1,240,000 from the miscellaneous special revenue fund, compulsory
insurance account (22087), to the dedicated  highway  and  bridge  trust
fund (30050).
  4.  $15,046,384 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems  operating  assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
  5.  $810,000,000  from  the  general fund to the dedicated highway and
bridge trust fund (30050).
S. 6406--C                         139                        A. 9006--C
  6. $936,000 from the  miscellaneous  special  revenue  fund,  accident
prevention  course program account (22094), to the dedicated highway and
bridge trust fund (30050).
  7.  $1,234,000 from the miscellaneous special revenue fund, motorcycle
safety account (21976), to the dedicated highway and bridge  trust  fund
(30050).
  8.  $309,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
  9. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to  the  dedicated  highway  and  bridge
trust  fund  (30050),  for  disbursements  made from such fund for motor
carrier safety that are in excess of the amounts deposited in the  dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
  10. $34,000 from the miscellaneous special revenue fund, seized assets
account (21906), to the dedicated highway and bridge trust fund (30050).
  Miscellaneous:
  1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2.  $500,000,000  from  the general fund to the debt reduction reserve
fund (40000).
  3. $450,000,000 from the New York state storm  recovery  capital  fund
(33000) to the revenue bond tax fund (40152).
  4.  $15,500,000  from  the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
  5. $1,840,000,000 from the general fund to the  dedicated  infrastruc-
ture investment fund.
  S  3.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2017:
  1. Upon request of the commissioner of environmental conservation,  up
to  $11,410,000 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,293,400  from
the  environmental  protection  and oil spill compensation fund (21200),
and $1,783,600 from the conservation fund (21150), to the  environmental
conservation special revenue fund, indirect charges account (21060).
  2.  Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund  within  the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
  3.  Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund, state  fair  receipts
account  (50051)  to the miscellaneous capital projects fund, state fair
capital improvement account (32208).
  4. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or  miscellaneous  special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
  5.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any  miscel-
laneous  special  revenue  fund  account,  to  any miscellaneous special
revenue fund.
  6. Upon request of the commissioner of health up  to  $5,000,000  from
revenues  credited  to any of the department of health's special revenue
S. 6406--C                         140                        A. 9006--C
funds, to the miscellaneous special revenue fund, administration account
(21982).
  S 4. On or before March 31, 2017, the comptroller is hereby authorized
and  directed  to  deposit  earnings  that would otherwise accrue to the
general fund that are attributable to the operation of section  98-a  of
the  state  finance  law, to the agencies internal service fund, banking
services account (55057), for the purpose  of  meeting  direct  payments
from such account.
  S  5.  Notwithstanding  any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state  university
of  New  York,  the  dormitory  authority  of  the  state of New York is
directed to transfer, up to $22,000,000 in revenues generated  from  the
sale  of  notes  or  bonds,  to  the  state  university  of New York for
reimbursement of bondable equipment for further transfer to the  state's
general fund.
  S  6.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor  or  his  or  her
designee,  on or before March 31, 2017, up to $16,000,000 from the state
university income fund general revenue  account  (22653)  to  the  state
general  fund for debt service costs related to campus supported capital
project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
University at Buffalo.
  S  7.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor  or  his  or  her
designee,  on  or before March 31, 2017, up to $6,500,000 from the state
university income fund general revenue  account  (22653)  to  the  state
general  fund for debt service costs related to campus supported capital
project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
University at Albany.
  S  8.  Notwithstanding  any  law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university  collection
fund  (61000)  to  the  state  university  income fund, state university
general revenue offset account (22655) on or before March 31, 2017.
  S 9. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to  $87,864,000  from  the  general  fund to the state university income
fund, state university hospitals  income  reimbursable  account  (22656)
during  the period July 1, 2016 through June 30, 2017 to reflect ongoing
state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
SUNY hospitals' state agency status.
  S  10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $1,011,590,300 from the general fund to the state  university  income
fund, state university general revenue offset account (22655) during the
period  of  July  1, 2016 through June 30, 2017 to support operations at
the state university.
  S 11. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, upon request of the state university chancel-
S. 6406--C                         141                        A. 9006--C
lor or his or her designee, up to $55,000,000 from the state  university
income  fund,  state  university  hospitals  income reimbursable account
(22656), for services and expenses of hospital  operations  and  capital
expenditures at the state university hospitals; and the state university
income  fund,  Long  Island  veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2017.
  S 12. Notwithstanding any law to the contrary, and in accordance  with
section  4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee,  is  hereby
authorized  and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony  Brook  hospital  collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse  hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656)  in
the  event  insufficient  funds  are  available  in the state university
income fund, state  university  hospitals  income  reimbursable  account
(22656)  to  permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt  service  related  to  the  SUNY
hospitals.  Notwithstanding  any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with  the  state
university  chancellor  or  his or her designee, to transfer moneys from
the state university income fund to the state  university  income  fund,
state  university  hospitals  income reimbursable account (22656) in the
event insufficient funds are available in the  state  university  income
fund,  state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full  transfer  of  moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2017.
  S  13.  Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed  to
transfer  monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100),  and
from  the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in a net amount  not
to exceed $80 million.
  S  14. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of  the  director  of  the
budget,  on  or  before March 31, 2017, from and to any of the following
accounts: the miscellaneous special revenue fund, patient income account
(21909), the miscellaneous special revenue fund, mental hygiene  program
fund  account  (21907),  the miscellaneous special revenue fund, federal
salary sharing account (22056), or the general fund in any  combination,
the aggregate of which shall not exceed $350 million.
  S  15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $500 million from the unencumbered balance of any special revenue
fund or account, agency  fund  or  account,  internal  service  fund  or
account,  enterprise  fund  or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred  pursuant  to
this authorization shall be in addition to any other transfers expressly
authorized  in  the  2016-17  budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects  fund,  or
S. 6406--C                         142                        A. 9006--C
funds  that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
1951 are not permitted pursuant to this authorization.
  S  15-a.  Notwithstanding  any  other  law to the contrary, up to $245
million of the assessment reserves remitted to the chair of the workers'
compensation board pursuant to subdivision 6 of section 151 of the work-
ers' compensation law shall, at the request of the director of the budg-
et, be transferred to the state insurance fund, for partial payment  and
partial  satisfaction  of the state's obligations to the state insurance
fund under section 88-c of the workers' compensation law.
  S 16. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or  combination
of  funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207) or the miscellaneous  capital  projects
fund,  information technology capital financing account (32215), for the
purpose  of  consolidating  technology  procurement  and  services.  The
amounts transferred to the miscellaneous special revenue fund, technolo-
gy  financing  account  (22207)  pursuant to this authorization shall be
equal to or less than the amount of  such  monies  intended  to  support
information  technology  costs  which  are  attributable, according to a
plan, to such account made in pursuance  to  an  appropriation  by  law.
Transfers  to  the  technology financing account shall be completed from
amounts collected by non-general funds or accounts pursuant  to  a  fund
deposit  schedule  or permanent statute, and shall be transferred to the
technology financing account pursuant to a schedule agreed upon  by  the
affected  agency commissioner. Transfers from funds that would result in
the loss of eligibility for federal benefits or federal  funds  pursuant
to federal law, rule, or regulation as assented to in chapter 683 of the
laws  of  1938  and  chapter  700  of the laws of 1951 are not permitted
pursuant to this authorization.
  S 16-a. Notwithstanding any law to the  contrary,  and  in  accordance
with  section  4  of  the  state  finance law, the comptroller is hereby
authorized and directed to transfer, at the request of the  director  of
the  budget,  up  to  twenty-one  million dollars ($21,000,000) from the
unencumbered balance of any special revenue fund or account, or combina-
tion of funds and accounts, to the community projects fund. The  amounts
transferred  pursuant  to this authorization shall be in addition to any
other transfers expressly authorized in the  2016-17  budget.  Transfers
from  federal  funds,  debt  services  funds, capital projects funds, or
funds that would result in the loss of eligibility for federal  benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization. The  director  of
the budget shall (a) have received a request in writing from one or both
houses of the legislature, and (b) notify both houses of the legislature
in writing prior to initiating transfers pursuant to this authorization.
The  comptroller  shall provide the director of the budget, the chair of
the senate finance committee, and the chair of  the  assembly  ways  and
means  committee with an accurate accounting and report of any transfers
that occur pursuant to this section on or before the  fifteenth  day  of
the following month in which such transfers occur.
  S  17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
S. 6406--C                         143                        A. 9006--C
and directed to transfer, at the request of the director of the  budget,
up  to $350 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the  purpose  of  consol-
idating  technology  procurement  and  services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information  technology  costs  which
are attributable, according to a plan, to such account made in pursuance
to  an  appropriation  by  law.  Transfers  to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule.  Transfers from funds that would  result
in  the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
pursuant to this authorization.
  S  18. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund $20,000,000 for the state fiscal  year
commencing  April  1,  2016,  the  proceeds of which will be utilized to
support energy-related state activities.
  S 19. Notwithstanding any provision of law, rule or regulation to  the
contrary,  the  New York State energy research and development authority
is authorized and directed to make a contribution to the state  treasury
to  the  credit  of  the  general fund in the amount of $23,000,000 from
proceeds collected by the authority from the auction or sale  of  carbon
dioxide emission allowances allocated by the department of environmental
conservation on or before March 31, 2017.
  S  20. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and  development  authority
is  authorized  and  directed to transfer to the state university income
fund general revenue  account  (22653),  in  an  amount  not  to  exceed
$15,000,000  for the state fiscal year commencing April 1, 2016 from the
proceeds collected by the authority from the auction or sale  of  carbon
dioxide emission allowances allocated by the department of environmental
conservation, which amount shall be utilized to support the Clean Energy
Workforce Opportunity Program, to expand and develop clean energy educa-
tion  and  workforce  training programs, to offer additional courses, to
hire faculty, purchase or upgrade necessary machinery and lab equipment,
provide or coordinate associated experiential learning, and to integrate
workforce training; provided further, that  up  to  $5,000,000  of  such
amount  shall be available to support Clean Energy Workforce Opportunity
Program initiatives at state university of New York community colleges.
  S 21. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
amended  by  section  21 of part I of chapter 60 of the laws of 2015, is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four  hundred  eighty-
one  and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of  the
laws  of  two  thousand  eleven,  or  any other provisions of law to the
contrary, during the fiscal year beginning  April  first,  two  thousand
[fifteen]  SIXTEEN,  the  state  comptroller  is  hereby  authorized and
directed to deposit to the fund created pursuant to  this  section  from
amounts  collected  pursuant  to  article  twenty-two of the tax law and
pursuant to a schedule submitted by the director of the  budget,  up  to
[$3,382,279,000] $3,283,844,000, as may be certified in such schedule as
S. 6406--C                         144                        A. 9006--C
necessary  to  meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [fifteen] SIXTEEN.
  S 22. Intentionally omitted.
  S 23. Intentionally omitted.
  S  24. Subdivision 6 of section 4 of the state finance law, as amended
by section 22 of part I of chapter 55 of the laws of 2014, is amended to
read as follows:
  6. Notwithstanding any law to the contrary, at the  beginning  of  the
state  fiscal  year,  the  state  comptroller  is  hereby authorized and
directed to receive for deposit to  the  credit  of  a  fund  and/or  an
account  such  monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an  appropriation  by  law.  As
soon  as  practicable  upon enactment of the budget, the director of the
budget shall,  but  not  less  than  three  days  following  preliminary
submission  to the chairs of the senate finance committee and the assem-
bly ways and means committee, file with the state comptroller  an  iden-
tification  of specific monies to be so deposited. Any subsequent change
regarding the monies to be so deposited shall be filed by  the  director
of  the  budget,  as  soon  as practicable, but not less than three days
following preliminary submission to the chairs  of  the  senate  finance
committee and the assembly ways and means committee.
  All monies identified by the director of the budget to be deposited to
the  credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted  by  the
legislature.
  The provisions of this subdivision shall expire on March thirty-first,
two thousand [sixteen] EIGHTEEN.
  S 25. Subdivision 4 of section 40 of the state finance law, as amended
by section 23 of part I of chapter 55 of the laws of 2014, is amended to
read as follows:
  4.  Every appropriation made from a fund or account to a department or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications expenses and expenses  for  other  centralized  services  fund
programs  without limit. Every appropriation shall also be available for
the payment of prior  years'  liabilities  other  than  those  indicated
above,  but  only  to the extent of one-half of one percent of the total
amount appropriated to a department or agency in such fund or account.
  The provisions of this subdivision shall  expire  March  thirty-first,
two thousand [sixteen] EIGHTEEN.
  S  26.  Subparagraph  (i) of paragraph (a) of subdivision 3 of section
92-cc of the state finance law, as added by chapter 1  of  the  laws  of
2007, is amended to read as follows:
  (i)  Economic  downturn. The commissioner of labor shall calculate and
publish, on or before the fifteenth day of each month, a composite index
of business cycle indicators.  Such  index  shall  be  calculated  using
monthly  data on New York state PRIVATE SECTOR employment, [total] AVER-
AGE WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE  unem-
ployment RATE prepared by the department of labor or its successor agen-
cy,  and  total  sales  tax  [collected  net of law changes] COLLECTIONS
ADJUSTED FOR INFLATION, prepared  by  the  department  of  taxation  and
finance  or  its  successor  agency. Such index shall be [constructed in
accordance with the procedures for calculating composite indexes  issued
by the conference board or its successor organization, and] adjusted for
seasonal  variations  in  accordance  with  the procedures issued by the
S. 6406--C                         145                        A. 9006--C
[census bureau of the] United States  [department  of  commerce]  CENSUS
BUREAU or its successor agency. If the composite index declines for five
consecutive months, the commissioner of labor shall notify the governor,
the  speaker of the assembly, the temporary president of the senate, and
the minority leaders of the assembly and the senate. Upon such notifica-
tion, the director of the budget may  authorize  and  direct  the  comp-
troller  to transfer from the rainy day reserve fund to the general fund
such amounts as the director of the budget deems necessary to  meet  the
requirements  of  the  state  financial  plan. The authority to transfer
funds under the provisions of this  subdivision  shall  lapse  when  the
composite  index  shall  have  increased  for five consecutive months or
twelve months from the original  notification  of  the  commissioner  of
labor, whichever occurs earlier. Provided, however, that for every addi-
tional and consecutive monthly decline succeeding the five month decline
so noted by the commissioner of labor, the twelve month lapse date shall
be extended by one additional month; or
  S  27.  Paragraph  (a)  of  subdivision 3 of section 93-b of the state
finance law, as added by section 1 of part H of chapter 60 of  the  laws
of 2015, is amended to read as follows:
  (a)  Economic  downturn.  Notwithstanding any law to the contrary, for
the purpose of this section, the commissioner of labor  shall  calculate
and  publish,  on or before the fifteenth day of each month, a composite
index of business cycle indicators. Such index shall be calculated using
monthly data on New York state PRIVATE SECTOR employment, [total]  AVER-
AGE  WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE unem-
ployment RATE prepared by the department of labor or its successor agen-
cy, and total sales tax  [collected  net  of  law  changes]  COLLECTIONS
ADJUSTED  FOR  INFLATION,  prepared  by  the  department of taxation and
finance or its successor agency. Such index  shall  be  [constructed  in
accordance  with the procedures for calculating composite indexes issued
by the conference board or its successor organization, and] adjusted for
seasonal variations in accordance with  the  procedures  issued  by  the
[census  bureau  of  the]  United States [department of commerce] CENSUS
BUREAU or its successor agency. If the composite index declines for five
consecutive months, the commissioner of labor shall notify the governor,
the speaker of the assembly, the temporary president of the senate,  and
the minority leaders of the assembly and the senate. Upon such notifica-
tion,  the  director  of  the  budget may authorize and direct the comp-
troller to transfer from the dedicated infrastructure investment fund to
the general fund such amounts as the director of the budget deems neces-
sary to meet the requirements of the state financial plan. The authority
to transfer funds under the provisions of  this  paragraph  shall  lapse
when  the  composite  index  shall  have  increased for five consecutive
months or twelve months from the original notification  of  the  commis-
sioner  of  labor, whichever occurs earlier. Provided, however, that for
every additional and consecutive monthly  decline  succeeding  the  five
month  decline  so  noted by the commissioner of labor, the twelve month
lapse date shall be extended by one additional month.
  S 27-a. The opening paragraph of paragraph 1-a of subdivision  (a)  of
section 83 of the state finance law, as added by chapter 453 of the laws
of 2015, is amended to read as follows:
  On  or before the first day of February each year, the commissioner of
the department of environmental conservation  shall  provide  a  written
report  to  the temporary president of the senate, speaker of the assem-
bly, chair of the senate finance committee, chair of the  assembly  ways
and  means committee, chair of the senate committee on [health] ENVIRON-
S. 6406--C                         146                        A. 9006--C
MENTAL  CONSERVATION,  chair  of  the  assembly  [health]  ENVIRONMENTAL
CONSERVATION  committee,  the  state  comptroller and the public.   Such
report shall include how the monies of the  fund  received  pursuant  to
section  six hundred twenty-five of the tax law were utilized during the
preceding calendar year, and shall include:
  S 27-b. The opening paragraph of subdivision 2-a of section 84 of  the
state  finance  law,  as  added  by  chapter 453 of the laws of 2015, is
amended to read as follows:
  On or before the first day of February each year, the  chairperson  of
the  New York state Olympic regional development authority shall provide
a written report to the temporary president of the  senate,  speaker  of
the assembly, chair of the senate finance committee, chair of the assem-
bly  ways and means committee, chair of the senate committee on [health]
CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION, chair of  the  assembly
[health]  TOURISM,  PARKS,  ARTS  AND  SPORTS DEVELOPMENT committee, the
state comptroller and the public. Such  report  shall  include  how  the
monies of the fund were utilized during the preceding calendar year, and
shall include:
  S 27-c. The opening paragraph of subdivision 2-a of section 97-mmmm of
the  state  finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
  On or before the first day of February each year, the director of  the
New  York  state  division  of veterans' affairs shall provide a written
report to the temporary president of the senate, speaker of  the  assem-
bly,  chair  of the senate finance committee, chair of the assembly ways
and means committee, chair of the senate committee on [health] VETERANS,
HOMELAND SECURITY AND MILITARY AFFAIRS, chair of the  assembly  [health]
VETERANS' AFFAIRS committee, the state comptroller and the public.  Such
report shall include how the monies of the fund were utilized during the
preceding calendar year, and shall include:
  S  27-d.  The  opening paragraph of subdivision 2-a of section 99-v of
the state finance law, as added by chapter 453 of the laws of  2015,  is
amended to read as follows:
  On  or before the first day of February each year, the director of the
New York state division of veterans' affairs  shall  provide  a  written
report  to  the temporary president of the senate, speaker of the assem-
bly, chair of the senate finance committee, chair of the  assembly  ways
and means committee, chair of the senate committee on [health] VETERANS,
HOMELAND  SECURITY  AND MILITARY AFFAIRS, chair of the assembly [health]
VETERANS' AFFAIRS committee, the state comptroller and the public.  Such
report shall include how the monies of the fund were utilized during the
preceding calendar year, and shall include:
  S 27-e. The opening paragraph of subdivision 2-a of  section  92-w  of
the  state  finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
  On or before the first day of February each year, the director of  the
division  of criminal justice services shall provide a written report to
the temporary president of the senate, speaker of the assembly, chair of
the senate finance committee, chair  of  the  assembly  ways  and  means
committee, chair of the senate committee on [health] CODES, chair of the
assembly [health] CODES committee, the state comptroller and the public.
Such  report  shall  include  how  the  monies of the fund were utilized
during the preceding calendar year, and shall include:
  S 27-f. The opening paragraph of subdivision 2-a of section 79 of  the
state  finance  law,  as  added  by  chapter 453 of the laws of 2015, is
amended to read as follows:
S. 6406--C                         147                        A. 9006--C
  On or before the first day of February each year, the chairman of  the
board  of  directors of the World Trade Center memorial foundation shall
provide a written report to  the  temporary  president  of  the  senate,
speaker of the assembly, chair of the senate finance committee, chair of
the assembly ways and means committee, [chair of the senate committee on
health,  chair  of the assembly health committee,] the state comptroller
and the public. Such report shall include how the  monies  of  the  fund
were utilized during the preceding calendar year, and shall include:
  S  27-g.  The  opening paragraph of subdivision 2-a of section 99-q of
the state finance law, as added by chapter 453 of the laws of  2015,  is
amended to read as follows:
  On  or  before  the  first  day  of February each year, the state fire
administrator shall provide a written report to the temporary  president
of  the  senate,  speaker  of  the assembly, chair of the senate finance
committee, chair of the assembly ways and means committee, chair of  the
senate  committee  on  [health]  LOCAL GOVERNMENT, chair of the assembly
[health] LOCAL GOVERNMENT  committee,  the  state  comptroller  and  the
public.  Such  report  shall  include  how  the  monies of the fund were
utilized during the preceding calendar year, and shall include:
  S 27-h. Subdivision 2 of section 71-b of the  state  finance  law,  as
added by chapter 453 of the laws of 2015, is amended to read as follows:
  2.  The  head of the agency or entity administering the expenditure of
tax check-off monies shall report annually on the use of such monies  to
the temporary president of the senate, speaker of the assembly, chair of
the  senate  finance  committee,  chair  of  the assembly ways and means
committee, chair of the [senate committee on health, chair of the assem-
bly health committee,] APPROPRIATE COMMITTEE IN THE SENATE OR  ASSEMBLY,
the  state  comptroller  and  the  public. Such report shall include the
amount of money dispersed from the fund and the award process  used  for
such  disbursements,  recipients  of  awards  from  the fund, the amount
awarded to each, the purposes for which such awards were granted, and  a
summary  financial plan for such monies which shall include estimates of
all receipts and all disbursements for the current and succeeding fiscal
years, along with the actual results from the prior fiscal year.
  S 27-i. Section 95-e of the state finance law, as added by chapter 301
of the laws of 2004, is amended by adding a new subdivision 2-a to  read
as follows:
  2-A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSION-
ER  OF  HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT
OF THE SENATE, SPEAKER OF THE ASSEMBLY,  CHAIR  OF  THE  SENATE  FINANCE
COMMITTEE,  CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE
SENATE COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY HEALTH COMMITTEE,  THE
STATE  COMPTROLLER  AND  THE  PUBLIC.  SUCH REPORT SHALL INCLUDE HOW THE
MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND
SHALL INCLUDE:
  (I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD  PROCESS
USED FOR SUCH DISBURSEMENTS;
  (II) RECIPIENTS OF AWARDS FROM THE FUND;
  (III) THE AMOUNT AWARDED TO EACH;
  (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
  (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING  FISCAL  YEARS,  ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
S. 6406--C                         148                        A. 9006--C
  S 27-j. Section 14 of chapter 453 of the laws  of  2015  amending  the
state finance law relating to tax check-off funds, is amended to read as
follows:
  S  14. This act shall take effect immediately; provided, however, that
the provisions of section thirteen of this  act  shall  apply  to  funds
established  on  and after such date AND FUNDS FOR WHICH A TAX CHECK-OFF
IS A SOURCE OF MONIES IN SUCH FUNDS.
  S 28. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary, the state comptroller is hereby authorized and directed to use
any  balance  remaining  in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical  care  facilities  finance  agency,  and  the
facilities development corporation pursuant to chapter 83 of the laws of
1995  and  the  department  of  mental hygiene for the purpose of making
payments to the dormitory authority of the state of  New  York  for  the
amount  of  the  earnings  for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to  the  provisions  of
the  internal  revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal  income  taxation  on  the
interest paid to the holders of such agency's mental services facilities
improvement  revenue  bonds.  Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination  of  the
amounts  received  in the mental health services fund as a result of the
investment of monies deposited therein that  will  or  may  have  to  be
rebated  to  the  federal  government  pursuant to the provisions of the
internal revenue code of 1986, as amended.
  S 29. Subdivision 1 of section 47 of section 1 of chapter 174  of  the
laws  of  1968, constituting the New York state urban development corpo-
ration act, as amended by section 25 of part I of chapter 60 of the laws
of 2015, is amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  dormitory  authority  and  the corporation are hereby authorized to
issue bonds or notes in one or more series for the  purpose  of  funding
project costs for the office of information technology services, depart-
ment  of  law,  and  other  state  costs  associated  with  such capital
projects. The aggregate principal  amount  of  bonds  authorized  to  be
issued  pursuant  to  this  section shall not exceed [two] THREE hundred
[sixty-nine] SIXTY-FOUR  million  [one]  EIGHT  hundred  forty  thousand
dollars, excluding bonds issued to fund one or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the corporation shall not
be  a  debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated  by
the  state to the dormitory authority and the corporation for principal,
interest, and related expenses pursuant to a service contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  S 30. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of  1997,  relating  to  the  financing  of  the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
S. 6406--C                         149                        A. 9006--C
section  27  of  part I of chapter 60 of the laws of 2015, is amended to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal  amount  not  to  exceed  seven  billion [one] FOUR
hundred [sixty-three] TWENTY-FOUR million [three] NINE  hundred  [sixty-
nine]  NINETY-NINE thousand dollars [$7,163,369,000] $7,424,999,000, and
shall include all bonds, notes and other obligations issued pursuant  to
chapter 56 of the laws of 1983, as amended or supplemented. The proceeds
of  such  bonds,  notes or other obligations shall be paid to the state,
for deposit in the correctional facilities capital improvement  fund  to
pay  for  all  or any portion of the amount or amounts paid by the state
from appropriations  or  reappropriations  made  to  the  department  of
corrections  and  community supervision from the correctional facilities
capital improvement fund for capital projects. The aggregate  amount  of
bonds,  notes  or  other obligations authorized to be issued pursuant to
this section shall exclude bonds, notes or other obligations  issued  to
refund  or otherwise repay bonds, notes or other obligations theretofore
issued, the proceeds of which were paid  to  the  state  for  all  or  a
portion  of  the  amounts  expended  by the state from appropriations or
reappropriations made to the department  of  corrections  and  community
supervision;  provided,  however, that upon any such refunding or repay-
ment the total aggregate principal amount of outstanding bonds, notes or
other obligations may be greater than seven billion [one]  FOUR  hundred
[sixty-three]  TWENTY-FOUR  million  [three]  NINE  hundred [sixty-nine]
NINETY-NINE thousand dollars [$7,163,369,000]  $7,424,999,000,  only  if
the  present  value  of  the  aggregate debt service of the refunding or
repayment bonds, notes or other  obligations  to  be  issued  shall  not
exceed  the  present  value  of the aggregate debt service of the bonds,
notes or other obligations so to be refunded or repaid. For the purposes
hereof, the present value of the aggregate debt service of the refunding
or repayment bonds, notes or other obligations and of the aggregate debt
service of the bonds, notes or other obligations so refunded or  repaid,
shall  be  calculated  by  utilizing  the effective interest rate of the
refunding or repayment bonds, notes or other obligations, which shall be
that  rate  arrived  at  by  doubling  the  semi-annual  interest   rate
(compounded  semi-annually)  necessary  to  discount  the  debt  service
payments on the refunding or repayment bonds, notes or other obligations
from the payment dates thereof to the date of issue of the refunding  or
repayment bonds, notes or other obligations and to the price bid includ-
ing  estimated  accrued interest or proceeds received by the corporation
including estimated accrued interest from the sale thereof.
  S 31. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
housing finance law, as amended by section 28 of part I of chapter 60 of
the laws of 2015, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  in  order  to  enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of  such
housing  programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable  housing  program  bonds  and
notes  in  such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and  not  previously
reimbursed)  pursuant  to law or any prior year making capital appropri-
ations or reappropriations for the  purposes  of  the  housing  program;
S. 6406--C                         150                        A. 9006--C
provided,  however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [three] FOUR billion [one]  SIX
hundred  [fifty-three]  NINETY-SEVEN million [seven] FOUR hundred [nine-
ty-nine] SEVENTY-FOUR thousand dollars, plus a principal amount of bonds
issued to fund the debt service reserve fund in accordance with the debt
service  reserve  fund requirement established by the agency and to fund
any other reserves that the agency reasonably deems  necessary  for  the
security  or  marketability of such bonds and to provide for the payment
of  fees  and  other  charges  and  expenses,  including   underwriters'
discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
enhancement and liquidity enhancement related to the  issuance  of  such
bonds  and  notes.  No  reserve  fund securing the housing program bonds
shall be entitled or eligible to  receive  state  funds  apportioned  or
appropriated to maintain or restore such reserve fund at or to a partic-
ular level, except to the extent of any deficiency resulting directly or
indirectly  from a failure of the state to appropriate or pay the agreed
amount under any of the contracts provided for in  subdivision  four  of
this section.
  S  32.  Subdivision  (b)  of  section 11 of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment of the dedicated highway and bridge trust fund, as amended
by section 29 of part I of chapter 60 of the laws of 2015, is amended to
read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide  for  state  commitments  to  provide
annually  to  the  thruway  authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to  fund  or  to  reimburse  the
state  for  funding  such  projects  having  a  cost  not  in  excess of
[$8,658,881,000] $9,147,234,000 cumulatively by the end of  fiscal  year
[2015-16] 2016-17.
  S  33.  Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 30 of part I of chapter 60 of the laws of 2015, is
amended to read as follows:
  1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
request  of  the  commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified  by  such  commissioner  not  to
exceed  a  total  principal  amount  of  one  hundred [forty] FIFTY-NINE
million dollars.
  S 34. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
laws  of  2005,  providing  for  the administration of certain funds and
accounts related to the 2005-2006 budget, as amended by  section  31  of
part I of chapter 60 of the laws of 2015, is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban  devel-
opment  corporation  is hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$155,600,000]  $167,600,000,  excluding  bonds issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously  issued, for the purpose of financing capital projects
including IT initiatives for the division of state police, debt  service
S. 6406--C                         151                        A. 9006--C
and  leases;  and  to reimburse the state general fund for disbursements
made therefor. Such bonds and notes of such authorized issuer shall  not
be  a  debt of the state, and the state shall not be liable thereon, nor
shall  they be payable out of any funds other than those appropriated by
the state to  such  authorized  issuer  for  debt  service  and  related
expenses  pursuant to any service contract executed pursuant to subdivi-
sion (b) of this section and such bonds and notes shall contain  on  the
face  thereof a statement to such effect. Except for purposes of comply-
ing with the internal revenue code, any interest income earned  on  bond
proceeds shall only be used to pay debt service on such bonds.
  S  35.  Section  44  of  section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development  corporation  act,  as
amended  by  section  32 of part I of chapter 60 of the laws of 2015, is
amended to read as follows:
  S 44. Issuance of certain  bonds  or  notes.  1.  Notwithstanding  the
provisions of any other law to the contrary, the dormitory authority and
the  corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs  for  the  regional
economic  development  council  initiative,  the economic transformation
program, state university of New York college for nanoscale and  science
engineering,  projects  within  the city of Buffalo or surrounding envi-
rons, the New York works economic development  fund,  projects  for  the
retention of professional football in western New York, the empire state
economic  development  fund,  the  clarkson-trudeau partnership, the New
York genome center, the cornell university college of  veterinary  medi-
cine,  the  olympic regional development authority, [a project] PROJECTS
at nano  Utica,  onondaga  county  revitalization  projects,  Binghamton
university  school of pharmacy, New York power electronics manufacturing
consortium, regional infrastructure projects, HIGH  TECHNOLOGY  MANUFAC-
TURING  PROJECTS  IN  CHAUTAUQUA  AND  ERIE  COUNTY, AN INDUSTRIAL SCALE
RESEARCH AND DEVELOPMENT FACILITY IN CLINTON COUNTY, UPSTATE REVITALIZA-
TION INITIATIVE PROJECTS, MARKET NEW YORK PROJECTS, FAIRGROUND BUILDINGS
OR FACILITIES USED TO HOUSE AND PROMOTE  AGRICULTURE,  and  other  state
costs  associated  with such projects. The aggregate principal amount of
bonds authorized to be issued pursuant to this section shall not  exceed
[two]  FOUR  billion  [eight]  SIX  hundred  [eighty-eight]  SEVENTY-ONE
million [two] SEVEN  hundred  fifty-seven  thousand  dollars,  excluding
bonds  issued  to  fund  one  or more debt service reserve funds, to pay
costs of issuance of such bonds, and bonds or notes issued to refund  or
otherwise  repay  such  bonds or notes previously issued. Such bonds and
notes of the dormitory authority and the corporation shall not be a debt
of the state, and the state shall not be liable thereon, nor shall  they
be  payable  out of any funds other than those appropriated by the state
to the dormitory authority and the corporation for principal,  interest,
and  related  expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof  a  statement  to  such  effect.
Except  for  purposes  of  complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to  pay  debt
service on such bonds.
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional  economic  develop-
ment  council  initiative,  the  economic  transformation program, state
university of New York college for nanoscale  and  science  engineering,
projects  within  the  city  of Buffalo or surrounding environs, the New
York works economic development fund,  projects  for  the  retention  of
S. 6406--C                         152                        A. 9006--C
professional  football  in  western  New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York  genome
center, the cornell university college of veterinary medicine, the olym-
pic  regional development authority, [a project] PROJECTS at nano Utica,
onondaga county revitalization projects, Binghamton university school of
pharmacy, New York power electronics manufacturing consortium,  regional
infrastructure projects, HIGH TECHNOLOGY MANUFACTURING PROJECTS IN CHAU-
TAUQUA  AND  ERIE  COUNTY,  AN INDUSTRIAL SCALE RESEARCH AND DEVELOPMENT
FACILITY IN CLINTON COUNTY, UPSTATE REVITALIZATION INITIATIVE  PROJECTS,
MARKET  NEW  YORK  PROJECTS,  FAIRGROUND BUILDINGS OR FACILITIES USED TO
HOUSE AND PROMOTE AGRICULTURE, and other  state  costs  associated  with
such  projects, the director of the budget is hereby authorized to enter
into one or more service contracts with the dormitory authority and  the
corporation,  none  of which shall exceed thirty years in duration, upon
such terms and conditions as the director of the budget and the dormito-
ry authority and the corporation agree, so as to annually provide to the
dormitory authority and the corporation, in the aggregate, a sum not  to
exceed  the  principal, interest, and related expenses required for such
bonds and notes. Any service contract  entered  into  pursuant  to  this
section shall provide that the obligation of the state to pay the amount
therein  provided  shall  not  constitute a debt of the state within the
meaning of any constitutional or statutory provision and shall be deemed
executory only to the extent of monies available and that  no  liability
shall  be  incurred  by  the  state beyond the monies available for such
purpose, subject to annual appropriation by the  legislature.  Any  such
contract  or  any payments made or to be made thereunder may be assigned
and pledged by the dormitory authority and the corporation  as  security
for its bonds and notes, as authorized by this section.
  S  36.  Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 33 of part I of chapter 60 of the laws of 2015, is
amended to read as follows:
  3. The maximum amount of bonds that may be issued for the  purpose  of
financing  environmental  infrastructure  projects  authorized  by  this
section shall be [one] TWO  billion  [seven  hundred  seventy-five]  ONE
HUNDRED EIGHT million [seven] TWO hundred sixty thousand dollars, exclu-
sive  of  bonds issued to fund any debt service reserve funds, pay costs
of issuance of such bonds, and bonds or notes issued to refund or other-
wise repay bonds or notes previously issued. Such bonds and notes of the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any  funds  other  than
those  appropriated by the state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant  to
subdivision  one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
  S 37. Subdivision 1 of section 45 of section 1 of chapter 174  of  the
laws  of  1968, constituting the New York state urban development corpo-
ration act, as amended by section 34 of part I of chapter 60 of the laws
of 2015, is amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  urban  development  corporation  of the state of New York is hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the implementation of a NY-SUNY and NY-CUNY
2020 challenge grant program subject to the approval of  a  NY-SUNY  and
NY-CUNY  2020 plan or plans by the governor and either the chancellor of
the state university of New York or the chancellor of the city universi-
ty of New York, as applicable. The aggregate principal amount  of  bonds
S. 6406--C                         153                        A. 9006--C
authorized  to  be  issued  pursuant  to  this  section shall not exceed
[$440,000,000] $550,000,000, excluding bonds issued to fund one or  more
debt  service reserve funds, to pay costs of issuance of such bonds, and
bonds  or  notes issued to refund or otherwise repay such bonds or notes
previously issued. Such bonds and notes of the corporation shall not  be
a  debt  of  the  state,  and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated  by
the  state  to  the  corporation  for  principal,  interest, and related
expenses pursuant to a service contract and such bonds and  notes  shall
contain  on  the  face  thereof  a  statement to such effect. Except for
purposes of complying with  the  internal  revenue  code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S  38.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
laws of 2002, providing for the  administration  of  certain  funds  and
accounts  related  to  the 2002-2003 budget, as amended by section 35 of
part I of chapter 60 of the laws of 2015, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws  of  2000  but
notwithstanding  the  provisions  of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds  or
notes  in  one  or  more  series in an aggregate principal amount not to
exceed $197,000,000 excluding bonds issued to  fund  one  or  more  debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or  notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of  financing  capital  costs  related  to
homeland  security  and  training  facilities  for the division of state
police, the division of military and naval affairs, and any other  state
agency,  including  the reimbursement of any disbursements made from the
state capital projects fund, and is hereby authorized to issue bonds  or
notes  in  one  or  more  series in an aggregate principal amount not to
exceed [$469,800,000] $509,600,000, excluding bonds issued to  fund  one
or  more  debt  service  reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the reimbursement of any  disbursements  made  from  the  state  capital
projects  fund.  Such  bonds and notes of the corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor  shall
they  be  payable  out of any funds other than those appropriated by the
state to the corporation for debt service and related expenses  pursuant
to  any  service  contracts executed pursuant to subdivision (b) of this
section, and such bonds and notes shall contain on the  face  thereof  a
statement to such effect.
  S 39. Subdivision 1 of section 386-b of the public authorities law, as
amended  by  section  36 of part I of chapter 60 of the laws of 2015, is
amended to read as follows:
  1. Notwithstanding any other provision of law  to  the  contrary,  the
authority, the dormitory authority and the urban development corporation
are  hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge  projects  and  capital  costs  of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture   projects   including  aviation  projects,  non-MTA  mass  transit
projects, and rail service preservation projects, including work  appur-
tenant  and  ancillary  thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed  [one]
S. 6406--C                         154                        A. 9006--C
THREE   billion   [six   hundred   ninety]  SIXTY-FIVE  million  dollars
[$1,690,000,000] $3,065,000,000, excluding bonds issued to fund  one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  to refund or otherwise repay such bonds or notes previously issued.
Such bonds and notes of the authority, the dormitory authority  and  the
urban  development corporation shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of  any
funds  other  than those appropriated by the state to the authority, the
dormitory authority and the urban development corporation for principal,
interest, and related expenses pursuant to a service contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  S  40.  Paragraph  (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 37 of part I of chapter 60 of the
laws of 2015, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any  bonds  for  state
university  educational  facilities  purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on  and  after  July  first,  nineteen
hundred  eighty-eight  for  state university educational facilities will
exceed eleven  billion  [two]  SIX  hundred  [twenty-eight]  SIXTY-THREE
million  dollars;  provided,  however, that bonds issued or to be issued
shall be excluded from such limitation if: (1) such bonds are issued  to
refund   state   university  construction  bonds  and  state  university
construction notes previously issued by the housing finance  agency;  or
(2)  such  bonds  are  issued  to refund bonds of the authority or other
obligations issued for state university educational facilities  purposes
and  the  present  value  of the aggregate debt service on the refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two  and
March  thirty-first,  nineteen  hundred  ninety-three will generate long
term economic benefits to the state, as  assessed  on  a  present  value
basis,  such  issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of  the
aggregate  debt  service  of  the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that  rate  arrived
at  by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the  refunding  bonds
from  the  payment  dates  thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds,  including  interest
accrued  thereon  prior  to  the  issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding  bonds,  shall  not
exceed  the  weighted  average  economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not  later  than  the  earlier  of
thirty  years  or  the  expiration of the term of any lease, sublease or
other agreement relating  thereto;  provided  that  no  note,  including
renewals  thereof,  shall mature later than five years after the date of
issuance of such note. The legislature reserves the right  to  amend  or
repeal  such  limit, and the state of New York, the dormitory authority,
S. 6406--C                         155                        A. 9006--C
the state university of New York, and the state university  construction
fund are prohibited from covenanting or making any other agreements with
or  for  the  benefit  of bondholders which might in any way affect such
right.
  S  41.  Paragraph  (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 38 of part I of chapter 60 of the
laws of 2015, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall  not  deliver  a  series  of
bonds for city university community college facilities, except to refund
or  to  be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of  the
dormitory  authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount  of
bonds  so  to  be  issued  when  added to all principal amounts of bonds
previously issued by the dormitory authority for city university  commu-
nity  college  facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college  facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii)  the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college  facilities,
pursuant  to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except  to  refund  or  to  be
substituted for or in lieu of other bonds in relation to city university
facilities  and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to  July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to  be  issued  when  added  to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other  bonds  in  relation  to  city
university  facilities,  will  exceed seven billion [three] FIVE hundred
[ninety-two] EIGHTY-EIGHT million  [seven]  FOUR  hundred  [fifty-three]
ELEVEN  thousand dollars. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the  dormitory  authority,
the  city  university,  and  the fund are prohibited from covenanting or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
  S 42. Subdivision 10-a of section 1680 of the public authorities  law,
as amended by section 39 of part I of chapter 60 of the laws of 2015, is
amended to read as follows:
  10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to  the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first,  two  thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be eight  hundred  [thir-
ty-eight]  SIXTY-ONE million four hundred [fifty-eight] FIFTY-FOUR thou-
sand dollars. Such amount shall be exclusive of bonds and  notes  issued
to  fund  any reserve fund or funds, costs of issuance and to refund any
outstanding bonds and notes, issued on behalf of the state, relating  to
a locally sponsored community college.
  S 43. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of  1997,  relating  to  the  financing  of  the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  41  of  part I of chapter 60 of the laws of 2015, is amended to
read as follows:
S. 6406--C                         156                        A. 9006--C
  1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby  authorized  to  issue  bonds,  notes and other obligations in an
aggregate principal amount not to exceed six hundred [eleven] FORTY-SEV-
EN   million   [two   hundred   fifteen]   SIXTY-FIVE  thousand  dollars
[($611,215,000)]  ($647,065,000),  which  authorization  increases   the
aggregate principal amount of bonds, notes and other obligations author-
ized by section 40 of chapter 309 of the laws of 1996, and shall include
all bonds, notes and other obligations issued pursuant to chapter 211 of
the  laws  of  1990,  as  amended  or supplemented. The proceeds of such
bonds, notes or other obligations shall be paid to the state, for depos-
it in the youth facilities improvement fund,  to  pay  for  all  or  any
portion  of  the amount or amounts paid by the state from appropriations
or reappropriations made to the office of children and  family  services
from  the  youth  facilities  improvement fund for capital projects. The
aggregate amount of bonds, notes and other obligations authorized to  be
issued  pursuant  to  this  section  shall exclude bonds, notes or other
obligations issued to refund or otherwise repay bonds,  notes  or  other
obligations  theretofore  issued, the proceeds of which were paid to the
state for all or a portion of the amounts expended  by  the  state  from
appropriations  or  reappropriations  made to the office of children and
family services; provided, however, that  upon  any  such  refunding  or
repayment  the  total  aggregate  principal amount of outstanding bonds,
notes or other obligations may be  greater  than  six  hundred  [eleven]
FORTY-SEVEN  million  [two  hundred fifteen] SIXTY-FIVE thousand dollars
[($611,215,000)] ($647,065,000), only if the present value of the aggre-
gate debt service of the refunding or repayment bonds,  notes  or  other
obligations  to  be  issued  shall  not  exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded or repaid. For the purposes hereof, the present  value  of  the
aggregate  debt  service  of  the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds,  notes
or  other  obligations  so  refunded  or  repaid, shall be calculated by
utilizing the effective interest rate  of  the  refunding  or  repayment
bonds,  notes  or other obligations, which shall be that rate arrived at
by doubling the semi-annual  interest  rate  (compounded  semi-annually)
necessary  to  discount  the  debt  service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds,  notes  or
other  obligations  and  to  the  price  bid including estimated accrued
interest or proceeds received by  the  corporation  including  estimated
accrued interest from the sale thereof.
  S  44.  Paragraph  b  of  subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 42 of  part  I
of chapter 60 of the laws of 2015, is amended to read as follows:
  b.  The  agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity  with  applicable
provisions  of  the uniform commercial code in such principal amount as,
in the opinion of the agency, shall  be  necessary,  after  taking  into
account  other moneys which may be available for the purpose, to provide
sufficient funds to  the  facilities  development  corporation,  or  any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of  mental  health  services  facilities pursuant to paragraph a of this
S. 6406--C                         157                        A. 9006--C
subdivision, the payment of interest on mental health services  improve-
ment  bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and  notes,
the  cost  or  premium  of  bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service  that  would  be
payable  by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the  agency  incident
to  and  necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for  the  financing  or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing  finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds  and  mental  health
services  facilities  improvement notes in an aggregate principal amount
exceeding [seven] EIGHT billion [seven  hundred  twenty-two]  TWENTY-ONE
million  eight hundred fifteen thousand dollars, excluding mental health
services facilities improvement bonds and mental health services facili-
ties improvement  notes  issued  to  refund  outstanding  mental  health
services facilities improvement bonds and mental health services facili-
ties  improvement notes; provided, however, that upon any such refunding
or repayment of mental  health  services  facilities  improvement  bonds
and/or  mental  health  services  facilities improvement notes the total
aggregate principal amount of outstanding mental health services facili-
ties improvement bonds and mental health  facilities  improvement  notes
may  be  greater  than  [seven] EIGHT billion [seven hundred twenty-two]
TWENTY-ONE million eight  hundred  fifteen  thousand  dollars  only  if,
except  as  hereinafter  provided with respect to mental health services
facilities bonds and mental health services facilities notes  issued  to
refund mental hygiene improvement bonds authorized to be issued pursuant
to  the  provisions  of section 47-b of the private housing finance law,
the present value of the aggregate debt  service  of  the  refunding  or
repayment  bonds  to be issued shall not exceed the present value of the
aggregate debt service of the  bonds  to  be  refunded  or  repaid.  For
purposes hereof, the present values of the aggregate debt service of the
refunding  or  repayment  bonds,  notes  or other obligations and of the
aggregate debt service of the  bonds,  notes  or  other  obligations  so
refunded  or  repaid,  shall  be  calculated  by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other  obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest  rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding or repayment  bonds,  notes  or  other
obligations  from  the payment dates thereof to the date of issue of the
refunding or repayment bonds, notes or  other  obligations  and  to  the
price  bid  including estimated accrued interest or proceeds received by
the authority including estimated accrued interest from the sale  there-
of.  Such  bonds,  other  than bonds issued to refund outstanding bonds,
shall be scheduled to mature over a  term  not  to  exceed  the  average
useful  life, as certified by the facilities development corporation, of
the projects for which the bonds are issued, and in any case  shall  not
exceed  thirty  years  and the maximum maturity of notes or any renewals
thereof shall not exceed five years from the date of the original  issue
of such notes. Notwithstanding the provisions of this section, the agen-
cy  shall have the power and is hereby authorized to issue mental health
services facilities improvement  bonds  and/or  mental  health  services
facilities  improvement  notes  to  refund  outstanding  mental  hygiene
S. 6406--C                         158                        A. 9006--C
improvement bonds authorized to be issued pursuant to the provisions  of
section  47-b of the private housing finance law and the amount of bonds
issued or outstanding for  such  purposes  shall  not  be  included  for
purposes  of  determining  the  amount  of bonds issued pursuant to this
section. The director of the budget shall allocate the aggregate princi-
pal authorized to be issued by the agency among  the  office  of  mental
health,  office  for  people  with  developmental  disabilities, and the
office of alcoholism and substance abuse services, in consultation  with
their respective commissioners to finance bondable appropriations previ-
ously approved by the legislature.
  S  45.  Paragraph  (b) of subdivision 3 of section 1 and clause (B) of
subparagraph (iii) of paragraph (j) of subdivision 4  of  section  1  of
part D of chapter 63 of the laws of 2005 relating to the composition and
responsibilities of the New York state higher education capital matching
grant  board,  as  amended  by section 43 of part I of chapter 60 of the
laws of 2015, is amended to read as follows:
  (b) Within amounts appropriated therefor, the board is hereby  author-
ized  and  directed  to award matching capital grants totaling [210] 240
million dollars. Each college shall be eligible for a grant award amount
as determined by the calculations pursuant to subdivision five  of  this
section.  In  addition,  such  colleges shall be eligible to compete for
additional funds pursuant to paragraph (h) of subdivision four  of  this
section.
  (B)  The  dormitory authority shall not issue any bonds or notes in an
amount in excess of [210] 240 million dollars for the purposes  of  this
section;  excluding  bonds  or  notes  issued  to  fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes  previ-
ously issued. Except for purposes of complying with the internal revenue
code,  any  interest  on  bond  proceeds  shall only be used to pay debt
service on such bonds.
  S 46. Notwithstanding any other provision of law to the contrary, from
the taxes, interest and penalties collected or received by  the  commis-
sioner of taxation and finance in respect of the tax imposed by the city
of  New  York  pursuant  to the authority of section 1210, 1211, 1212 or
1212-A of the tax law,the comptroller shall pay, as directed in  writing
by  the  director of the budget, the sum of $16,666,667 on or before the
twelfth day of each  month  from  such  taxes,  penalties  and  interest
collected  or received by such commissioner during the previous month to
(i) any issuers of state-related debt for the purposes of paying princi-
pal, interest, and related expenses, or for retiring or defeasing  bonds
previously  issued,  including  any  accrued  interest or other expenses
related thereto, for any state-related bonding program or  programs,  or
to  (ii)  a  governmental fund or funds of the state treasury. The comp-
troller shall make the first payment to issuers of state-related debt or
the government funds on the twelfth day of May,  2016  from  the  taxes,
penalties  and  interest collected or received during April 2016 and the
last payment on or before the twelfth day of April, 2019 from the taxes,
penalties  and  interest  collected  or  received  during  March   2019.
Provided,   however,  that  in  no  event  shall  such  payments  exceed
$200,000,000 in any state fiscal year; and provided  further  that  such
payments  shall  not  reduce  the  reasonable costs of such commissioner
under paragraph (b) of section 1261 of the tax law.
  S 47. Section 1680-m of  the  public  authorities  law,  as  added  by
section 39 of part T of chapter 57 of the laws of 2007, subdivision 1 as
S. 6406--C                         159                        A. 9006--C
amended by section 47 and subdivision 2 as amended by section 42 of part
JJ of chapter 56 of the laws of 2010, is amended to read as follows:
  S  1680-m.  Cultural  education  facilities.  1.  Notwithstanding  the
provisions of any other law to the contrary, the authority and the urban
development corporation are hereby authorized to issue bonds or notes in
one or more  series  for  the  purpose  of  funding  project  costs  for
construction  and  rehabilitation associated with the cultural education
facilities, INCLUDING BUT NOT LIMITED TO  ACQUISITION  COSTS  AND  OTHER
STATE  COSTS  ASSOCIATED  WITH  SUCH CAPITAL PROJECTS, and the St. Regis
Mohawk elementary  school.  The  aggregate  principal  amount  of  bonds
authorized to be issued pursuant to this section shall not exceed seven-
ty-nine million dollars, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or  notes issued to refund or otherwise repay such bonds or notes previ-
ously issued. Such bonds and notes of the authority and the urban devel-
opment corporation shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds  other
than  those  appropriated  by  the state to the authority for principal,
interest, and related expenses pursuant to a service contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the authority and the urban development  corporation  in
undertaking the financing for construction and rehabilitation associated
with  the  cultural  education  facilities, INCLUDING BUT NOT LIMITED TO
ACQUISITION COSTS AND OTHER STATE COSTS  ASSOCIATED  WITH  SUCH  CAPITAL
PROJECTS,  and  the  St. Regis Mohawk elementary school, the director of
the budget is hereby authorized  to  enter  into  one  or  more  service
contracts with the authority and the urban development corporation, none
of  which  shall  exceed  thirty  years in duration, upon such terms and
conditions as the director of the budget and the authority and the urban
development corporation agree, so as to annually provide to the authori-
ty and the urban development corporation, in the aggregate, a sum not to
exceed the principal, interest, and related expenses required  for  such
bonds  and  notes.  Any  service  contract entered into pursuant to this
section shall provide that the obligation of the state to pay the amount
therein provided shall not constitute a debt of  the  state  within  the
meaning of any constitutional or statutory provision and shall be deemed
executory  only  to the extent of monies available and that no liability
shall be incurred by the state beyond  the  monies  available  for  such
purpose,  subject  to  annual appropriation by the legislature. Any such
contract or any payments made or to be made thereunder may  be  assigned
and  pledged  by  the authority and the urban development corporation as
security for its bonds and notes, as authorized by this section.
  S 48. Subdivision 1 of section 1680-r of the public  authorities  law,
as amended by section 40 of part I of chapter 60 of the laws of 2015, is
amended to read as follows:
  1.  Notwithstanding  the  provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the capital restructuring financing program
for health care and related facilities licensed pursuant to  the  public
health  law  or  the mental hygiene law and other state costs associated
with such capital projects and the health care  facility  transformation
S. 6406--C                         160                        A. 9006--C
program. The aggregate principal amount of bonds authorized to be issued
pursuant to this section shall not exceed two billion [two] FOUR hundred
million dollars, excluding bonds issued to fund one or more debt service
reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued. Such bonds and notes of the dormitory authority  and  the  urban
development  corporation shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any  funds
other  than  those  appropriated by the state to the dormitory authority
and the urban  development  corporation  for  principal,  interest,  and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S 49. Subdivision 1 of section 49 of section 1 of chapter 174  of  the
laws  of  1968, constituting the New York state urban development corpo-
ration act, as amended by section 44 of part I of chapter 60 of the laws
of 2105, is amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  dormitory  authority  and  the corporation are hereby authorized to
issue bonds or notes in one or more series for the  purpose  of  funding
project  costs  for the state and municipal facilities program and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued  pursuant  to  this  section
shall  not  exceed  one  billion  [one]  FIVE hundred [fifty-five] FORTY
million dollars, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
notes issued to refund or otherwise repay such bonds or notes previously
issued.  Such  bonds and notes of the dormitory authority and the corpo-
ration shall not be a debt of the state, and  the  state  shall  not  be
liable  thereon,  nor  shall they be payable out of any funds other than
those appropriated by the state  to  the  dormitory  authority  and  the
corporation  for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes  shall  contain  on  the  face
thereof  a  statement  to  such effect. Except for purposes of complying
with the internal revenue code,  any  interest  income  earned  on  bond
proceeds shall only be used to pay debt service on such bonds.
  S  50.  Subdivision 1 of section 51 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration  act,  as added by section 26 of part I of chapter 60 of the laws
of 2015, is amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of  funding  project  costs  for  the  nonprofit  infrastructure capital
investment program and other state costs associated  with  such  capital
projects.  The  aggregate  principal  amount  of  bonds authorized to be
issued pursuant to this section shall not  exceed  [fifty]  ONE  HUNDRED
million dollars, excluding bonds issued to fund one or more debt service
reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued. Such bonds and notes of the dormitory authority  and  the  urban
development  corporation shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any  funds
other  than  those  appropriated by the state to the dormitory authority
S. 6406--C                         161                        A. 9006--C
and the urban  development  corporation  for  principal,  interest,  and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S 51. Subdivision 11 of section 5-a of chapter 35 of the laws of  1979
relating  to  appropriating  funds  to the New York state urban develop-
mental corporation, as added by chapter  3  of  the  laws  of  2004,  is
amended to read as follows:
  (11)  Financing agreements. The development corporation and the state,
acting through the director of the  budget,  are  hereby  authorized  to
enter into one or more financing agreements with respect to bonds (other
than  hotel bonds) on the terms and conditions as the director of budget
and the development corporation agree, so as to annually provide to  the
development corporation, in the aggregate, a sum not to exceed the annu-
al debt service payments and related expenses (including without limita-
tion financing costs and costs and expenses under ancillary bond facili-
ties and development corporation credit support agreements) required for
the  bonds  secured  by a financing agreement and subject to the limita-
tions of this section.   Copies of any such  agreements,  including  any
amendments  thereto  shall be submitted to the state comptroller and the
chairs of the assembly committee  on  ways  and  means  and  the  senate
finance  committee.    The obligation of the state to fund or to pay the
amounts provided for in any financing  agreement,  as  in  this  section
provided  and as shall be provided in the financing agreement, shall not
constitute a debt of the state within the meaning of any  constitutional
or  statutory provision and shall be deemed executory only to the extent
of monies available; no liability shall be incurred by the state  beyond
the moneys available for such purpose; and such obligation is subject to
annual  appropriation by the legislature. The amounts paid to the devel-
opment corporation pursuant to any such  financing  agreement  shall  be
used  by  it  solely  to  pay  or  provide for debt service payments and
related expenses as  more  particularly  set  forth  in  the  applicable
financing  agreement  (including  rebate  to  the  federal government of
certain earnings, if so required). The bonds for  which  each  financing
agreement  is applicable (a) shall be issued with a final maturity of no
more than thirty years, and (b) may be issued in one or more  series  in
an  aggregate  principal  amount not to exceed the sum of [$350,000,000]
$1,350,000,000, excluding the amount determined  by  resolution  of  the
development  corporation  to  be  required for refunding the outstanding
Jacob K. Javits convention center bonds referred to in  subdivision  one
of  this  section,  and, excluding bonds issued to fund one or more debt
service reserve funds and to pay costs of issuance of  such  bonds,  and
(c)  shall  be  subject  to  the  provisions of article 5-B of the state
finance law. It is hereby determined  and  found  that  the  development
corporation, as a subsidiary of the urban development corporation, is an
authorized  issuer  pursuant  to  [article]  ARTICLES 5-C AND 5-F of the
state finance law and that the bonds secured by a  financing  agreement,
upon  issuance  in accordance with and subject to the provisions of this
section, may be issued pursuant to such [article] ARTICLES.
  S 52. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2016; provided,
however:  (a) the provisions of sections one through eight, and sections
twelve through twenty of this act shall expire March 31, 2017, when upon
such date the provisions of such sections shall be deemed repealed;  (b)
S. 6406--C                         162                        A. 9006--C
provided, however, that the provisions of section twenty-seven-j of this
act  shall  be  deemed to have been in full force and effect on the same
date and in the same manner as chapter 453 of the  laws  of  2015,  took
effect;  and  (c)  the provisions of section forty-six of this act shall
expire upon the last payment made by the comptroller pursuant to section
forty-six of this act when upon such date the provisions of such section
shall be deemed repealed; provided  that  the  state  comptroller  shall
notify  the  legislative bill drafting commission upon the occurrence of
the last payment provided for in section forty-six of this act in  order
that  the commission may maintain an accurate and timely effective data-
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of  the  legislative
law and section 70-b of the public officers 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 Parts A through UU of this act shall be
as specifically set forth in the last section of such Parts.