Senate Bill S1742

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1742
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed 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 TWENTY-ONE--TWO THOUSAND  TWENTY-TWO  SCHOOL  YEAR  AND
 THEREAFTER,  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 DEMON-
 STRATE 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
 PARAGRAPH.
   (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.
              

                                                            LBD04746-01-9

 S. 1742                             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 THIS
 CHAPTER  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 SUBDIVI-
 SION TWO OF SECTION TWO THOUSAND TWENTY-THREE-B OF THIS CHAPTER;
   (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.