S T A T E O F N E W Y O R K
________________________________________________________________________
8850
2017-2018 Regular Sessions
I N A S S E M B L Y
December 22, 2017
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Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to apportionment for
certain school districts for lower allowable transportation expenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 3602 of the education law is
amended by adding a new paragraph f to read as follows:
F. IN ADDITION TO ANY OTHER APPORTIONMENT UNDER THIS SUBDIVISION, FOR
THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFT-
ER, A SCHOOL DISTRICT OTHER THAN A CITY SCHOOL DISTRICT IN A CITY HAVING
A POPULATION OF ONE MILLION OR MORE INHABITANTS SHALL BE ELIGIBLE FOR AN
INCENTIVE APPORTIONMENT WHERE SUCH DISTRICT CAN DEMONSTRATE TO THE
COMMISSIONER COST SAVINGS AND EFFICIENCIES THAT RESULTS IN A LOWER
ALLOWABLE TRANSPORTATION EXPENSE FOR THE BASE YEAR COMPARED TO THE YEAR
PRIOR TO THE BASE YEAR; PROVIDED, HOWEVER, THAT SUCH SCHOOL DISTRICT
MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH THREE OF THIS PARA-
GRAPH.
(1) THE AMOUNT OF SUCH INCENTIVE APPORTIONMENT UNDER THIS PARAGRAPH
SHALL BE EQUAL TO THE PRODUCT OF:
(I) THE POSITIVE DIFFERENCE IN SUCH DISTRICT'S ALLOWABLE TRANSPORTA-
TION EXPENSE FOR THE YEAR PRIOR TO THE BASE YEAR MINUS SUCH DISTRICT'S
ALLOWABLE TRANSPORTATION EXPENSE FOR THE BASE YEAR; AND
(II) TEN PERCENT.
(2) THE COMMISSIONER SHALL BE AUTHORIZED TO APPROVE A CLAIM FOR AN
INCENTIVE APPORTIONMENT UNDER THIS PARAGRAPH PROVIDED A SCHOOL DISTRICT
CLAIMING AN INCENTIVE APPORTIONMENT SHALL HAVE IMPLEMENTED AN APPROVED
TRANSPORTATION EFFICIENCY PLAN AND DOCUMENTED SUCH COST SAVINGS AND
EFFICIENCIES IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE COMMIS-
SIONER. IF THE TOTAL STATEWIDE INCENTIVE APPORTIONMENT CLAIMED UNDER
THIS PARAGRAPH EXCEEDS THREE MILLION DOLLARS ($3,000,000), INDIVIDUAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13706-01-7
A. 8850 2
SCHOOL DISTRICT INCENTIVE APPORTIONMENTS SHALL BE PRORATED TO ENSURE
THAT THE TOTAL STATEWIDE INCENTIVE APPORTIONMENT DOES NOT EXCEED THREE
MILLION DOLLARS ($3,000,000), PROVIDED THAT SUCH PRORATED APPORTIONMENT
COMPUTED AND PAYABLE AS OF SEPTEMBER ONE OF THE SCHOOL YEAR IMMEDIATELY
FOLLOWING THE SCHOOL YEAR FOR WHICH SUCH AID IS CLAIMED SHALL BE DEEMED
FINAL AND NOT SUBJECT TO CHANGE.
(3) TO BE ELIGIBLE FOR THE INCENTIVE APPORTIONMENT UNDER THIS PARA-
GRAPH:
(I) SUCH DISTRICT MUST BE AN INDEPENDENT SCHOOL DISTRICT THAT IS
SUBJECT TO THE PROVISIONS OF SECTION TWO THOUSAND TWENTY-THREE-A OF THE
EDUCATION LAW AND THAT HAS ADOPTED A BUDGET THAT DOES NOT EXCEED THE TAX
LEVY LIMIT PRESCRIBED BY THAT SECTION. THE SCHOOL DISTRICT MUST CERTIFY
ITS COMPLIANCE WITH SUCH TAX LEVY LIMIT IN THE MANNER PRESCRIBED BY
SUBDIVISION TWO OF SECTION TWO THOUSAND TWENTY-THREE-B OF THE EDUCATION
LAW;
(II) SUCH DISTRICT MUST BE A DEPENDENT SCHOOL DISTRICT THAT IS SUBJECT
TO THE PROVISIONS OF SECTION THREE-C OF THE GENERAL MUNICIPAL LAW AND
THAT HAS ADOPTED A BUDGET THAT DOES NOT EXCEED THE TAX LEVY LIMIT
PRESCRIBED BY THAT SECTION. THE CITY MUST CERTIFY ITS COMPLIANCE WITH
SUCH TAX LEVY LIMIT IN THE MANNER PRESCRIBED BY SUBDIVISION TWO OF
SECTION THREE-D OF THE GENERAL MUNICIPAL LAW; AND
(III) SUCH DISTRICT MUST HAVE A TRANSPORTATION EFFICIENCY PLAN
APPROVED BY THE COMMISSIONER.
§ 2. This act shall take effect immediately.