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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Apr 09, 2022 |
signed chap.56 delivered to governor |
| Apr 08, 2022 |
returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.74 substituted for a9006c referred to ways and means delivered to assembly passed senate message of necessity - 3 day message ordered to third reading cal.752 print number 8006c |
| Apr 08, 2022 |
amend (t) and recommit to finance |
| Mar 13, 2022 |
print number 8006b |
| Mar 13, 2022 |
amend (t) and recommit to finance |
| Feb 22, 2022 |
print number 8006a |
| Feb 22, 2022 |
amend (t) and recommit to finance |
| Jan 19, 2022 |
referred to finance |
Senate Bill S8006C
Signed By Governor2021-2022 Legislative Session
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2022-2023 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Apr 8, 2022
aye (37)- Addabbo Jr.
- Bailey
- Breslin
- Brooks
- Brouk
- Cleare
- Comrie
- Cooney
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- May
- Mayer
- Myrie
- Parker
- Persaud
- Reichlin-Melnick
- Ryan
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
nay (25)excused (1)
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Apr 8, 2022 - Finance Committee Vote
S8006C11Aye7Nay2Aye with Reservations3Absent0Excused0Abstained-
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Finance Committee Vote: Apr 8, 2022
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Bill Amendments
2021-S8006 - Details
2021-S8006 - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2022-2023 state fiscal year; relates to school contracts for excellence; relates to foundation aid; provides for maintenance of equity aid
2021-S8006 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 8006 A. 9006
S E N A T E - A S S E M B L Y
January 19, 2022
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the education law, in relation to school contracts for
excellence; to amend the education law, in relation to foundation aid;
to amend the education law, in relation to maintenance of equity aid;
to amend the education law, in relation to building aid and the New
York state energy research and development authority P-12 schools
clean green schools initiative; to amend the education law, in
relation to modifying the length of school sessions; to amend the
education law, in relation to supplemental public excess cost aid; to
amend the education law, in relation to academic enhancement aid; to
amend the education law, in relation to high tax aid; to amend chapter
91 of the laws of 2002 amending the education law and other laws
relating to reorganization of the New York city school construction
authority, board of education and community boards, in relation to the
effectiveness thereof; to amend chapter 345 of the laws of 2009 amend-
ing the education law and other laws relating to the New York city
board of education, chancellor, community councils, and community
superintendents, in relation to the effectiveness thereof; to amend
the education law, in relation to extending the statewide universal
full-day pre-kindergarten program; to amend the education law, in
relation to state aid adjustments; to amend chapter 756 of the laws of
1992, relating to funding a program for work force education conducted
by the consortium for worker education in New York city, in relation
to reimbursement for the 2022-2023 school year, withholding a portion
of employment preparation education aid and in relation to the effec-
tiveness thereof; to amend chapter 169 of the laws of 1994, relating
to certain provisions related to the 1994-95 state operations, aid to
localities, capital projects and debt service budgets, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12672-01-2
S. 8006 2 A. 9006
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 making certain provisions thereof permanent; to
amend the No Child Left Behind Act of 2001, in relation to making the
provisions thereof permanent; to amend chapter 552 of the laws of
1995, amending the education law relating to contracts for the trans-
portation of school children, in relation to the effectiveness there-
of; providing for school bus driver training grants; providing for
special apportionment for salary expenses; providing for special
apportionment for public pension accruals; to amend the education law,
in relation to permitting the city school district of the city of
Rochester to make certain purchases from the board of cooperative
educational services of the supervisory district serving its geograph-
ic region; providing for set-asides from the state funds which certain
districts are receiving from the total foundation aid; providing for
support of public libraries; and providing for the repeal of certain
provisions upon expiration thereof (Part A); to amend the education
law and the local finance law, in relation to zero-emission school
buses (Part B); to amend the education law, in relation to creating a
temporary professional permit for employment in a public school; and
providing for the repeal of certain provisions upon expiration thereof
(Part C); to amend the education law, in relation to state appropri-
ations for reimbursement of tuition credits (Part D); to amend the
education law, in relation to the expansion of the part-time tuition
assistance program (Part E); to amend the education law, in relation
to eligibility requirements and conditions for tuition assistance
program awards; and to repeal certain provisions of the education law
relating to the ban on incarcerated individuals to be eligible to
receive state aid (Part F); to amend the education law, in relation to
establishing the amount awarded for the excelsior scholarship (Part
G); to amend the education law, in relation to including certain
apprenticeships in the definition of "eligible educational institu-
tion" for the New York state college choice tuition savings program
(Part H); to amend the education law, in relation to prohibiting
certain practices in the collection of education debt (Part I); to
amend the education law, in relation to registration of a new curric-
ulum or program of study offered by a not-for-profit college or
university (Part J); to amend the business corporation law, the part-
nership law and the limited liability company law, in relation to
certified public accountants (Part K); to amend the social services
law, in relation to child care assistance; and providing for the
repeal of certain provisions upon expiration thereof (Part L); to
amend part N of chapter 56 of the laws of 2020, amending the social
services law relating to restructuring financing for residential
school placements, in relation to the effectiveness thereof (Part M);
to amend part C of chapter 83 of the laws of 2002, amending the execu-
tive law and other laws relating to funding for children and family
services, in relation to extending the effectiveness thereof (Part N);
to amend the social services law, in relation to reimbursement for a
portion of the costs of social services districts for care provided to
foster children in institutions, group residences, group homes, and
agency operated boarding homes (Part O); to amend the public health
law, in relation to consent for medical services (Part P); to amend
the executive law and the criminal procedure law, in relation to the
S. 8006 3 A. 9006
detention of juveniles (Part Q); to amend the executive law, in
relation to increasing the amount of reimbursement the division of
veterans' affairs shall provide to local veterans' service agencies
for the cost of maintenance of such agencies (Part R); to amend the
social services law, in relation to increasing the standards of month-
ly need for aged, blind and disabled persons living in the community
(Part S); to amend part W of chapter 54 of the laws of 2016 amending
the social services law relating to the powers and duties of the
commissioner of social services relating to the appointment of a
temporary operator, in relation to the effectiveness thereof (Part T);
to amend the social services law, in relation to the public benefits
and requirements; and to repeal certain provisions of such law relat-
ing thereto (Part U); to amend the labor law and the general business
law, in relation to restrictions on employment (Part V); to amend the
labor law, in relation to increasing penalties for certain violations
of the labor law (Part W); to amend the executive law, in relation to
prohibiting discrimination based on status as a victim of domestic
violence (Part X); to amend the executive law, in relation to prohib-
iting discrimination based on citizenship or immigration status (Part
Y); to utilize reserves in the mortgage insurance fund for various
housing purposes (Part Z); to amend the real property law, in relation
to providing for the creation of accessory dwelling units (Part AA);
to amend the executive law, in relation to making it unlawful for an
individual who has been convicted of one or more criminal offenses to
be discriminated against in housing (Part BB); to amend the multiple
dwelling law, in relation to the floor area ratio (FAR) in the city of
New York (Part CC); to amend the multiple dwelling law, in relation to
hotel and commercial conversion (Part DD); to amend the general city
law, the town law, and the village law, in relation to transit-orient-
ed development (Part EE); to amend the real property law, in relation
to tenant selection screening guidelines (Part FF); to amend the exec-
utive law, in relation to the state's language access policy (Part
GG); to amend the retirement and social security law, in relation to
waiving approval and income limitations on retirees employed in public
schools; and providing for the repeal of such provisions upon expira-
tion thereof (Part HH); and to amend the real property tax law, in
relation to enacting the affordable neighborhoods for New Yorkers tax
incentive (Part II)
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
necessary to implement the state education, labor, housing and family
assistance budget for the 2022-2023 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through II. 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, including 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. 8006 4 A. 9006
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
2021, 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. 8006 5 A. 9006
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; and
provided further that, a school district that submitted a contract for
excellence for the two thousand sixteen--two thousand seventeen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing 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 sixteen--two thousand
seventeen school year; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen 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 amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
twenty 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 eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one 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 nineteen--two thousand twenty school
year; and provided further that, a school district that submitted a
contract for excellence for the two thousand twenty--two thousand twen-
ty-one school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-one--two thousand twenty-two 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
S. 8006 6 A. 9006
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty--two
thousand twenty-one school year; AND PROVIDED FURTHER THAT, A SCHOOL
DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, UNLESS ALL SCHOOLS IN
THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT
FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
THREE 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 TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR.
For purposes of this paragraph, the "gap elimination adjustment percent-
age" 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.
§ 2. Subdivision 4 of section 3602 of education law is amended by
adding a new paragraph j to read as follows:
J. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND
TWENTY-THREE SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO
THOUSAND TWENTY-THREE SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE TOTAL
FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE
OF THIS SECTION PLUS THE GREATER OF (A) THE PRODUCT OF THE PHASE-IN
FOUNDATION INCREASE FACTOR AS COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH B OF THIS SUBDIVISION MULTIPLIED BY THE POSITIVE DIFFERENCE,
IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSU-
ANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE PROD-
UCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDATION AID
BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS
SECTION.
§ 3. Section 3602 of the education law is amended by adding a new
subdivision 4-a to read as follows:
4-A. FOUNDATION AID MAINTENANCE OF EQUITY AID. 1. FOR PURPOSES OF
THIS SUBDIVISION THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
A. "HIGH-NEED LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH (1) THE
HIGHEST PERCENTAGE OF ECONOMICALLY DISADVANTAGED STUDENTS AS CALCULATED
BASED ON THE MOST RECENT SMALL AREA INCOME AND POVERTY ESTIMATES
PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE SUM
OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER THAN
OR EQUAL TO THE PRODUCT OF FIVE-TENTHS (0.5) AND THE STATEWIDE TOTAL OF
SUCH ENROLLMENT.
S. 8006 7 A. 9006
B. "HIGHEST-POVERTY LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH
(1) THE HIGHEST PERCENTAGE OF ECONOMICALLY DISADVANTAGED STUDENTS AS
CALCULATED BASED ON THE MOST RECENT SMALL AREA INCOME AND POVERTY ESTI-
MATES PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE
SUM OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER
THAN OR EQUAL TO THE PRODUCT OF TWO-TENTHS (0.2) AND THE STATEWIDE TOTAL
OF SUCH ENROLLMENT.
C. "ELIGIBLE DISTRICTS" SHALL MEAN SCHOOL DISTRICTS DEFINED AS HIGH-
NEED LEAS OR HIGHEST-POVERTY LEAS IN THE CURRENT YEAR WHICH ARE SUBJECT
TO THE STATE LEVEL MAINTENANCE OF EQUITY REQUIREMENT IN THE AMERICAN
RESCUE PLAN ACT OF 2021, SECTION 2004, PART 1, SUBTITLE A, TITLE II,
(PUBLIC LAW 117-2) FOR THE CURRENT YEAR.
D. "STATE FUNDING" SHALL MEAN ANY APPORTIONMENT PROVIDED PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-
ONE, AND SEVEN HUNDRED FIFTY-THREE OF THIS CHAPTER PLUS APPORTIONMENTS
PURSUANT TO SUBDIVISIONS FOUR, FIVE-A, TEN, TWELVE, AND SIXTEEN OF THIS
SECTION.
E. "LOCAL EDUCATIONAL AGENCY ENROLLMENT" SHALL MEAN THE UNDUPLICATED
COUNT OF ALL CHILDREN REGISTERED TO RECEIVE EDUCATIONAL SERVICES IN
GRADES KINDERGARTEN THROUGH TWELVE, INCLUDING CHILDREN IN UNGRADED
PROGRAMS, AS REGISTERED ON THE DATE PRIOR TO NOVEMBER FIRST THAT IS
SPECIFIED BY THE COMMISSIONER AS THE ENROLLMENT REPORTING DATE, REGIS-
TERED IN A LOCAL EDUCATIONAL AGENCY AS DEFINED PURSUANT TO SECTION 7801
OF TITLE 20 OF THE UNITED STATES CODE.
2. ELIGIBLE DISTRICTS SHALL RECEIVE AN APPORTIONMENT OF FOUNDATION AID
MAINTENANCE OF EQUITY AID IN THE CURRENT YEAR IF THE COMMISSIONER, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET, DETERMINES THE DISTRICT
WOULD OTHERWISE RECEIVE A REDUCTION IN STATE FUNDING ON A PER PUPIL
BASIS INCONSISTENT WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
REQUIREMENT. THIS APPORTIONMENT SHALL BE EQUAL TO THE AMOUNT NECESSARY
TO ENSURE COMPLIANCE WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
REQUIREMENT. THIS APPORTIONMENT SHALL BE PAID IN THE CURRENT YEAR
PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART.
§ 4. Clause (ii) of paragraph j 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:
(ii) For aid payable in the two thousand eight--two thousand nine
school year and thereafter, the total foundation aid base shall equal
the total amount a district was eligible to receive in the base year
pursuant to subdivision four of this section PLUS FOUNDATION AID MAINTE-
NANCE OF EQUITY AID PURSUANT TO SUBDIVISION FOUR-A OF THIS SECTION.
§ 5. Section 3602-b of the education law is amended by adding a new
subdivision 3 to read as follows:
3. A. IN ADDITION TO APPORTIONMENTS CALCULATED PURSUANT TO SUBDIVI-
SIONS ONE AND TWO OF THIS SECTION, EACH SCHOOL DISTRICT EMPLOYING FEWER
THAN EIGHT TEACHERS DEFINED AS ELIGIBLE PURSUANT TO PARAGRAPH ONE OF
SUBDIVISION FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL
RECEIVE AN ADDITIONAL APPORTIONMENT OF PUBLIC MONEY IN THE CURRENT YEAR
IF THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET,
DETERMINES THE DISTRICT WOULD OTHERWISE RECEIVE A REDUCTION IN STATE
FUNDING, AS DEFINED IN SUBPARAGRAPH D OF PARAGRAPH ONE OF SUBDIVISION
FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, ON A PER PUPIL
BASIS INCONSISTENT WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
REQUIREMENT.
B. THE MAINTENANCE OF EQUITY AID SHALL BE EQUAL TO THE AMOUNT NECES-
SARY TO ENSURE COMPLIANCE WITH THE FEDERAL STATE LEVEL MAINTENANCE OF
S. 8006 8 A. 9006
EQUITY REQUIREMENT IN THE AMERICAN RESCUE PLAN ACT OF 2021, SECTION
2004, PART 1, SUBTITLE A, TITLE II, (PUBLIC LAW 117-2) FOR THE CURRENT
YEAR.
§ 6. Section 3602 of the education law is amended by adding a new
subdivision 6-i to read as follows:
6-I. BUILDING AID AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE. 1. FOR AID
PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWEN-
TY-THREE AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, THE APPORTIONMENT TO ANY DISTRICT UNDER SUBDIVISION SIX,
SIX-A, SIX-B, SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION FOR CAPITAL
OUTLAYS FOR SCHOOL BUILDING PROJECTS FOR ENERGY EFFICIENCY SHALL NOT
EXCLUDE GRANTS AUTHORIZED PURSUANT TO THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE
FROM AIDABLE EXPENDITURES, PROVIDED THAT THE SUM OF APPORTIONMENTS FOR
THESE PROJECTS CALCULATED PURSUANT TO SUBDIVISION SIX, SIX-A, SIX-B,
SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION AND SUCH GRANTS SHALL NOT
EXCEED THE ACTUAL PROJECT EXPENDITURES.
2. THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
PROVIDE A LIST OF ENERGY EFFICIENCY GRANTS AWARDED TO EACH SCHOOL
DISTRICT TO THE COMMISSIONER NO LATER THAN ONE MONTH PRIOR TO THE END OF
EACH CALENDAR YEAR AND EACH SCHOOL YEAR. THIS LIST SHALL INCLUDE THE
CAPITAL CONSTRUCTION PROJECT OR PROJECTS FUNDED BY THE GRANTS, THE AWARD
AMOUNTS OF EACH INDIVIDUAL PROJECT GRANT, THE DISTRICT RECEIVING SUCH
GRANTS, THE SCHOOLS RECEIVING SUCH GRANTS, THE DATE ON WHICH THE GRANT
WAS RECEIVED, AND ANY OTHER INFORMATION NECESSARY FOR THE CALCULATION OF
AID PURSUANT TO SUBDIVISION SIX, SIX-A, SIX-B, SIX-C, SIX-E, SIX-F, OR
SIX-H OF THIS SECTION.
§ 7. Paragraph a of subdivision 4 of section 3204 of the education law
is amended to read as follows:
a. A full time day school or class, except as otherwise prescribed,
shall be in session for not less than one hundred [ninety] EIGHTY days
each year, [inclusive] EXCLUSIVE of legal holidays that occur during the
term of said school and exclusive of Saturdays.
§ 8. Paragraph s 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:
s. "Extraordinary needs count" shall mean the sum of the product of
the [limited English proficiency] ENGLISH LANGUAGE LEARNER count multi-
plied by fifty percent, plus, the poverty count and the sparsity count.
§ 9. Subdivision 6 of section 3602 of the education law is amended by
adding a new paragraph k to read as follows:
K. FINAL COST REPORT PENALTIES. (1) ALL ACTS DONE AND PROCEEDINGS
HERETOFORE HAD AND TAKEN OR CAUSED TO BE HAD AND TAKEN BY SCHOOL
DISTRICTS AND BY ALL ITS OFFICERS OR AGENTS RELATING TO OR IN CONNECTION
WITH FINAL BUILDING COST REPORTS REQUIRED TO BE FILED WITH THE DEPART-
MENT FOR APPROVED BUILDING PROJECTS FOR WHICH A CERTIFICATE OF SUBSTAN-
TIAL COMPLETION WAS AND/OR IS ISSUED ON OR AFTER APRIL FIRST, NINETEEN
HUNDRED NINETY-FIVE, WHERE A FINAL COST REPORT WAS NOT SUBMITTED BY JUNE
THIRTIETH OF THE SCHOOL YEAR IN WHICH THE CERTIFICATE OF SUBSTANTIAL
COMPLETION OF THE PROJECT WAS ISSUED BY THE ARCHITECT OR ENGINEER, OR
SIX MONTHS AFTER ISSUANCE OF SUCH CERTIFICATE, WHICHEVER WAS LATER, AND
ALL ACTS INCIDENTAL THERETO ARE HEREBY LEGALIZED, VALIDATED, RATIFIED
AND CONFIRMED, NOTWITHSTANDING ANY FAILURE TO COMPLY WITH THE APPROVAL
AND FILING PROVISIONS OF THE EDUCATION LAW OR ANY OTHER LAW OR ANY OTHER
STATUTORY AUTHORITY, RULE OR REGULATION, IN RELATION TO ANY OMISSION,
S. 8006 9 A. 9006
ERROR, DEFECT, IRREGULARITY OR ILLEGALITY IN SUCH PROCEEDINGS HAD AND
TAKEN.
(2) THE DEPARTMENT IS HEREBY DIRECTED TO CONSIDER THE APPROVED COSTS
OF THE AFOREMENTIONED PROJECTS AS VALID AND PROPER OBLIGATIONS OF SUCH
SCHOOL DISTRICTS AND SHALL NOT RECOVER ON OR AFTER JULY FIRST, TWO THOU-
SAND THIRTEEN ANY PENALTY ARISING FROM THE LATE FILING OF A FINAL COST
REPORT, PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED ON OR AFTER JULY
FIRST, TWO THOUSAND THIRTEEN SHALL BE DEEMED A PAYMENT OF MONEYS DUE
FOR PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION FIVE OF SECTION
THIRTY-SIX HUNDRED FOUR OF THIS PART AND SHALL BE PAID TO THE APPROPRI-
ATE DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
(A) SUCH SCHOOL DISTRICT SUBMITTED THE LATE OR MISSING FINAL BUILDING
COST REPORT TO THE COMMISSIONER;
(B) SUCH COST REPORT IS APPROVED BY THE COMMISSIONER;
(C) ALL STATE FUNDS EXPENDED BY THE SCHOOL DISTRICT, AS DOCUMENTED IN
SUCH COST REPORT, WERE PROPERLY EXPENDED FOR SUCH BUILDING PROJECT IN
ACCORDANCE WITH THE TERMS AND CONDITIONS FOR SUCH PROJECT AS APPROVED BY
THE COMMISSIONER; AND
(D) THE FAILURE TO SUBMIT SUCH REPORT IN A TIMELY MANNER WAS AN INAD-
VERTENT ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL DISTRICT,
AND THERE IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER INTENT BY
SUCH DISTRICT.
§ 10. Section 3625 of education law is amended by adding a new subdi-
vision 5 to read as follows:
5. TRANSPORTATION CONTRACT PENALTIES. A. ALL ACTS DONE AND PROCEEDINGS
HERETOFORE HAD AND TAKEN OR CAUSED TO BE HAD AND TAKEN RELATING TO OR IN
CONNECTION WITH A TRANSPORTATION CONTRACT, AND ALL ACTS INCIDENTAL HERE-
TO ARE HEREBY LEGALIZED, VALIDATED, RATIFIED AND CONFIRMED, NOTWITH-
STANDING ANY FAILURE TO COMPLY WITH THE CONTRACT AWARD, APPROVAL AND
FILING PROVISIONS OF THE EDUCATION LAW, THE GENERAL MUNICIPAL LAW OR ANY
OTHER LAW OR ANY OTHER STATUTORY AUTHORITY, RULE OR REGULATION, OTHER
THAN THOSE FILING PROVISIONS DEFINED IN PARAGRAPH A OF SUBDIVISION FIVE
OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS ARTICLE, IN RELATION TO ANY
OMISSION, ERROR, DEFECT, IRREGULARITY OR ILLEGALITY IN SUCH PROCEEDING
HAD AND TAKEN.
B. THE DEPARTMENT IS HEREBY DIRECTED TO CONSIDER THE AFOREMENTIONED
CONTRACTS FOR TRANSPORTATION AID AS VALID AND PROPER OBLIGATIONS AND
SHALL NOT RECOVER FROM SUCH SCHOOL DISTRICTS ANY PENALTY ARISING FROM
THE FAILURE TO SUBMIT A TRANSPORTATION CONTRACT IN A TIMELY MANNER,
PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED SHALL BE DEEMED A PAYMENT
OF MONEYS DUE FOR PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION
FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS ARTICLE AND SHALL BE
PAID TO THE SCHOOL DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
(1) SUCH SCHOOL DISTRICT SUBMITTED THE CONTRACT TO THE COMMISSIONER
AND SUCH CONTRACT IS FOR SERVICES IN THE TWO THOUSAND TWELVE--TWO THOU-
SAND THIRTEEN SCHOOL YEAR OR THEREAFTER;
(2) SUCH CONTRACT IS APPROVED BY THE COMMISSIONER;
(3) ALL STATE FUNDS EXPENDED BY THE SCHOOL DISTRICT WERE PROPERLY
EXPENDED FOR SUCH TRANSPORTATION AS APPROVED BY THE COMMISSIONER; AND
(4) THE FAILURE TO EXECUTE OR SUBMIT SUCH CONTRACT IN A TIMELY MANNER
WAS AN INADVERTENT ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL
DISTRICT, AND THERE IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER
INTENT BY SUCH DISTRICT.
§ 11. Subdivision 2 of section 3625 of education law, as amended by
chapter 474 of the laws of 1996, is amended to read as follows:
S. 8006 10 A. 9006
2. Filing of transportation contracts. Every transportation contract
shall be filed with the department within one hundred twenty days of the
commencement of service under such contract. No transportation expense
shall be allowed for a period greater than one hundred twenty days prior
to the filing of any contract for the transportation of pupils with the
education department. No contract shall be considered filed unless it
bears an original signature, IN THE CASE OF A WRITTEN DOCUMENT, OR A
CERTIFICATION, IN THE CASE OF AN APPROVED ELECTRONIC FORM, of the super-
intendent of a school district or the designee of the superintendent and
the sole trustee or president of the board of education of the school
district. The final approval of any such contract by the commissioner
shall not, however, obligate the state to allow transportation expense
in an amount greater than the amount that would be allowed under the
provisions of this part. The state, acting through the department of
audit and control, may examine any and all accounts of the contractor in
connection with a contract for the transportation of pupils, and every
such contract shall contain the following provision: "The contractor
hereby consents to an audit of any and all financial records relating to
this contract by the department of audit and control."
§ 12. Section 34 of chapter 91 of the laws of 2002 amending the educa-
tion law and other laws relating to reorganization of the New York city
school construction authority, board of education and community boards,
as amended by section 42 of part YYY of chapter 59 of the laws of 2019,
is amended to read as follows:
§ 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed June 30, [2022] 2026 provided,
further, that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2022] 2026 the provisions of subdivisions
3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
b, d, and e of subdivision 15, and subdivisions 17 and 21 of section
2554 of the education law as repealed by section three of this act,
subdivision 1 of section 2590-b of the education law as repealed by
section six of this act, paragraph (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h of the education law as repealed by
section thirty of this act shall be revived and be read as such
provisions existed in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and eight
of this act shall take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
§ 13. Subdivision 12 of section 17 of chapter 345 of the laws of 2009
amending the education law and other laws relating to the New York city
board of education, chancellor, community councils, and community super-
S. 8006 11 A. 9006
intendents, as amended by section 43 of part YYY of chapter 59 of the
laws of 2019, is amended to read as follows:
12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act not otherwise set to expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section 17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed June 30, [2022] 2026.
§ 14. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 12-b of part A of chapter 56 of the
laws of 2021, 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
[twenty-one] TWENTY-TWO--two thousand [twenty-two] TWENTY-THREE 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 enti-
tled "SA0910".
§ 15. Subdivision 12 of section 3602 of the education law, as amended
by section 13-a of part A of chapter 56 of the laws of 2021, is amended
to read as follows:
12. Academic enhancement aid. A. A school district that as of April
first of the base year has been continuously identified as a district in
need of improvement for at least five years shall, for the two thousand
eight--two thousand nine school year, be entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the total foundation aid
base, as defined by paragraph j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.
B. For the two thousand nine--two thousand ten through two thousand
fourteen--two thousand fifteen school years, each school district shall
be entitled to an apportionment equal to the amount set forth for such
school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced by
the commissioner in support of the budget for the two thousand nine--two
thousand ten school year and entitled "SA0910", and such apportionment
shall be deemed to satisfy the state obligation to provide an apportion-
ment pursuant to subdivision eight of section thirty-six hundred forty-
one of this article.
C. For the two thousand fifteen--two thousand sixteen 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 "2014-15 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand fourteen--two thousand fifteen school year and entitled
"SA141-5", 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. 8006 12 A. 9006
D. 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.
E. For the two thousand seventeen--two thousand eighteen 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 "2016-17 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand sixteen--two thousand seventeen school year and entitled
"SA161-7", 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.
F. For the two thousand eighteen--two thousand nineteen 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 "2017-18 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand seventeen--two thousand eighteen school year and entitled
"SA171-8", 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.
G. For the two thousand nineteen--two thousand twenty 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 "2018-19 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand eighteen--two thousand nineteen school year and entitled
"SA181-9", 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.
H. For the two thousand twenty--two thousand twenty-one 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 "2019-20 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nineteen--two thousand twenty school year and entitled
"SA192-0", 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.
I. For the two thousand twenty-one--two thousand twenty-two school
year AND THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
YEAR, each school district shall be entitled to an apportionment equal
to the amount set forth for such school district as "ACADEMIC ENHANCE-
MENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the budget
for the two thousand twenty--two thousand twenty-one school year and
entitled "SA202-1", 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. 8006 13 A. 9006
§ 16. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 14-a of part A of chapter 56 of the
laws of 2021, 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 [twenty-one] TWENTY-TWO--two thousand [twenty-two] TWENTY-THREE
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".
§ 17. Subdivision 16 of section 3602-ee of the education law, as
amended by section 23 of part A of chapter 56 of the laws of 2021, 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
[twenty-two] TWENTY-THREE; provided that the program shall continue and
remain in full effect.
§ 18. Paragraph a of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended to read
as follows:
a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school district has
been apportioned less money than that to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to the general
fund local assistance account for state aid to the schools, or may
deduct such amount from the next apportionment to be made to said
district, provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that such excess
payments be recovered by deducting such excess payments from the
payments due to such school district and payable in the month of June in
S. 8006 14 A. 9006
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that there shall be no
interest penalty assessed against such district or collected by the
state. Such request shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund expenditures for the preceding school
year. The amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the product
of the district's total general fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year. Provided further
that, notwithstanding any other provisions of this subdivision, any
pending payment of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which recovery of
excess payments is to be made pursuant to this paragraph, shall be
reduced at the time of actual payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered. [The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which such
payment was first to be made. For claims for which payment is first to
be made in the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight school year and thereafter] PRIOR TO
THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, the
commissioner shall certify no payment to a school district based on a
claim submitted later than one year after the close of such school year.
FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, THE
COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A
CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR.
Provided, however, no payments shall be barred or reduced where such
payment is required as a result of a final audit of the state. [It is
further provided that, until June thirtieth, nineteen hundred ninety-
six, the commissioner may grant a waiver from the provisions of this
section for any school district if it is in the best educational inter-
ests of the district pursuant to guidelines developed by the commission-
er and approved by the director of the budget.] FURTHER, PROVIDED, THAT,
FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE,
SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-
THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX
HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND
FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-ONE-
-TWO THOUSAND TWENTY-TWO AND TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWEN-
S. 8006 15 A. 9006
TY-THREE SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A
SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS FOUR,
SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE STATE FISCAL YEAR
AND ENTITLED "BT222-3", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED
FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX
HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
THIS CHAPTER FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR
SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS FOUR,
SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
§ 19. The opening paragraph of section 3609-a of the education law, as
amended by section 26 of part A of chapter 56 of the laws of 2021, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand twenty-one--two thousand twenty-two 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 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 ninety-two-c of the state finance law, less any grants provided
pursuant to subdivision five of section ninety-seven-nnnn of the state
finance law, less any grants provided pursuant to subdivision twelve of
section thirty-six hundred forty-one of this article, or (ii) the appor-
tionment calculated by the commissioner based on data on file at the
time the payment is processed; provided however, that for the purposes
of any payments made pursuant to this section prior to the first busi-
ness day of June of the current year, moneys apportioned shall not
include any aids payable pursuant to subdivisions six and fourteen, if
applicable, of section thirty-six hundred two of this part as current
year aid for debt service on bond anticipation notes and/or bonds first
issued in the current year or any aids payable for full-day kindergarten
for the current year pursuant to subdivision nine of section thirty-six
hundred two of this part. The definitions of "base year" and "current
year" as set forth in subdivision one of section thirty-six hundred two
of this part shall apply to this section. [For aid payable in the two
S. 8006 16 A. 9006
thousand twenty-one--two thousand twenty-two school year, reference to
such "school aid computer listing for the current year" shall mean the
printouts entitled "SA212-2".] FOR AID PAYABLE IN THE TWO THOUSAND TWEN-
TY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER, "MONEYS
APPORTIONED" SHALL MEAN THE SUM OF APPORTIONMENTS PROVIDED PURSUANT TO
SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE PLUS
THE LESSER OF: (1) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE
AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS
SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH
INCLUDES THE APPROPRIATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS
FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO
APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING
THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO
CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX
HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE
PURSUANT TO THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC
CONTRIBUTION AS DEFINED IN 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, LESS APPORTIONMENTS PROVIDED
PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
ARTICLE, OR (2) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER BASED
ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED, EXCLUDING APPOR-
TIONMENTS PROVIDED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS ARTICLE; 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 APPLICA-
BLE, 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. FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO
THOUSAND TWENTY-THREE SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUT-
ER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED
"BT222-3".
§ 20. 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
39 of part A of chapter 56 of the laws of 2021, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the reimbursement for the 2018--2019 school year
shall not exceed 59.4 percent of the lesser of such approvable costs per
contact hour or fourteen dollars and ninety-five cents per contact hour,
reimbursement for the 2019--2020 school year shall not exceed 57.7
percent of the lesser of such approvable costs per contact hour or
fifteen dollars sixty cents per contact hour, reimbursement for the
2020--2021 school year shall not exceed 56.9 percent of the lesser of
such approvable costs per contact hour or sixteen dollars and twenty-
five cents per contact hour, [and] reimbursement for the 2021--2022
S. 8006 17 A. 9006
school year shall not exceed 56.0 percent of the lesser of such approva-
ble costs per contact hour or sixteen dollars and forty cents per
contact hour, AND REIMBURSEMENT FOR THE 2022--2023 SCHOOL YEAR SHALL NOT
EXCEED 55.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT
HOUR OR SEVENTEEN DOLLARS AND FIVE CENTS PER CONTACT HOUR, and 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 2018--2019 school year such contact hours shall not
exceed one million four hundred sixty-three thousand nine hundred
sixty-three (1,463,963); for the 2019--2020 school year such contact
hours shall not exceed one million four hundred forty-four thousand four
hundred forty-four (1,444,444); for the 2020--2021 school year such
contact hours shall not exceed one million four hundred six thousand
nine hundred twenty-six (1,406,926); [and] for the 2021--2022 school
year such contact hours shall not exceed one million four hundred
sixteen thousand one hundred twenty-two (1,416,122) ; AND FOR THE 2022-
-2023 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION THREE
HUNDRED SIXTY-NINE THOUSAND EIGHT HUNDRED SIXTY-THREE (1,369,863).
Notwithstanding any other provision of law to the contrary, the appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
ble for aid in accordance with the provisions of such subdivision 11 of
section 3602 of the education law.
§ 21. 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 aa to read as follows:
AA. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2022-23 SCHOOL YEAR. NOTWITHSTANDING ANY
INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
§ 22. 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 41 of part A of
chapter 56 of the laws of 2021, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2022] 2023.
§ 23. 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 33 of part A of chapter 56 of the laws of 2020, 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
S. 8006 18 A. 9006
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, [2022] 2024.
§ 24. 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 42 of part A of
chapter 56 of the laws of 2021, is amended to read as follows:
§ 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, [2022] 2023 when
upon such date the provisions of this act shall be deemed repealed.
§ 25. 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 43 of part A of chapter 56 of the laws of 2021, is
amended to read as follows:
§ 4. This act shall take effect July 1, 2002 and section one of this
act shall expire and be deemed repealed June 30, 2019[, and sections two
and three of this act shall expire and be deemed repealed on June 30,
2022].
§ 26. 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 44 of part A of chapter 56 of the
laws of 2021, is amended to read as follows:
§ 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, 2022].
§ 27. Section 2 of chapter 552 of the laws of 1995, amending the
education law relating to contracts for the transportation of school
children, as amended by section 45 of part YYY of chapter 59 of the laws
of 2019, is amended to read as follows:
§ 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, [2023] 2028, when upon such
date the provisions of this act shall be deemed repealed.
§ 28. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2022-2023 through the 2026-2027 school years, subject to available
appropriation, 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-profit educa-
tional organizations for the purposes of this section. Such payments
shall not exceed four hundred thousand dollars ($400,000) per school
year.
§ 29. 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 2023 and not later than the last day of the third full
business week of June 2023, 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, 2023, for salary expenses incurred between April 1 and
June 30, 2022 and such apportionment shall not exceed the sum of (i) the
S. 8006 19 A. 9006
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
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 appor-
tionment 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 paragraph, 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.
§ 30. 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, 2023, 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, 2023 and such apportionment shall
not exceed the additional accruals required to be made by school
S. 8006 20 A. 9006
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment 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 paragraph, 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.
§ 31. Section 1950 of the education law is amended by adding a new
subdivision 8-d to read as follows:
8-D. 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 AS A NON-COMPONENT SCHOOL DISTRICT, SERVICES REQUIRED BY
ARTICLE NINETEEN OF THE EDUCATION LAW.
§ 32. 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:
a. for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2022--2023 school year. For the city
school district of the city of New York there shall be a set-aside of
foundation aid equal to forty-eight million one hundred seventy-five
S. 8006 21 A. 9006
thousand dollars ($48,175,000) including five hundred thousand dollars
($500,000) for the Andrew Jackson High School; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); for the Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five hundred sixty-
six thousand dollars ($566,000); for the Middletown city school
district, four hundred thousand dollars ($400,000); for the Freeport
union free school district, four hundred thousand dollars ($400,000);
for the Greenburgh central school district, three hundred thousand
dollars ($300,000); for the Amsterdam city school district, eight
hundred thousand dollars ($800,000); for the Peekskill city school
district, two hundred thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
b. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
section may use such set-aside 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 promote diversity
and/or enhancement of the instructional program and raising of standards
in elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
c. The commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2022--2023 school year, and
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
2022--2023 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 communi-
ty-based organizations. 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.
d. For the purpose of teacher support for the 2022--2023 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
S. 8006 22 A. 9006
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for 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 addi-
tion 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 distrib-
uted pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are repres-
ented by certified or recognized employee organizations, all salary
increases funded pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
§ 33. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2022 enacting
the aid to localities budget shall be apportioned for the 2022--2023
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 2022--2023
by a chapter of the laws of 2022 enacting the education, labor and fami-
ly assistance budget shall fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion 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 ensure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
§ 34. 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 or
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.
§ 35. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2022, provided,
however, that:
S. 8006 23 A. 9006
1. Sections one, two, seven, eight, fourteen, fifteen, sixteen, seven-
teen, nineteen, twenty-two, twenty-five, twenty-six, twenty-eight, thir-
ty-one, and thirty-two, of this act shall take effect July 1, 2022;
2. Sections three, four, and five shall take effect immediately and
shall expire September 30, 2024 when upon such date the provisions of
such sections shall be deemed repealed; and
3. The amendments to chapter 756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York city made by sections twenty and twenty-one
of this act shall not affect the repeal of such chapter and shall be
deemed repealed therewith.
PART B
Section 1. The education law is amended by adding a new section 3638
to read as follows:
§ 3638. ZERO-EMISSION SCHOOL BUSES. 1. FOR THE PURPOSES OF THIS
SECTION "ZERO-EMISSION SCHOOL BUS" SHALL MEAN A SCHOOL BUS THAT: (A) IS
PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER ELECTRONICS WHICH
PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS DURING NORMAL VEHICLE
OPERATIONS; AND (B) DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL OR
BATTERY.
2. NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-SEVEN, EVERY SCHOOL
DISTRICT SHALL:
(A) ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES WHEN PURCHASING
OR LEASING NEW BUSES; AND
(B) INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR THE
SCHOOL DISTRICT MUST ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES
WHEN PURCHASING OR LEASING NEW SCHOOL BUSES.
3. NO LATER THAN JULY FIRST, TWO THOUSAND THIRTY-FIVE, EVERY SCHOOL
DISTRICT SHALL:
(A) ONLY OPERATE AND MAINTAIN ZERO-EMISSION SCHOOL BUSES; AND
(B) INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR THE
SCHOOL DISTRICT MUST ONLY OPERATE ZERO-EMISSION SCHOOL BUSES WHEN
PROVIDING SUCH TRANSPORTATION SERVICES TO THE SCHOOL DISTRICT.
§ 2. Paragraphs c, d and e of subdivision 2 of section 3623-a of the
education law, paragraph c as amended by chapter 453 of the laws of
2005, paragraph d as added by chapter 474 of the laws of 1996, and para-
graph e as amended by section 66 of part A of chapter 436 of the laws of
1997, are amended and a new paragraph f is added to read as follows:
c. The purchase of equipment deemed a proper school district expense,
including: (i) the purchase of two-way radios to be used on old and new
school buses, (ii) the purchase of stop-arms, to be used on old and new
school buses, (iii) the purchase and installation of seat safety belts
on school buses in accordance with the provisions of section thirty-six
hundred thirty-five-a of this article, (iv) the purchase of school bus
back up beepers, (v) the purchase of school bus front crossing arms,
(vi) the purchase of school bus safety sensor devices, (vii) the
purchase and installation of exterior reflective marking on school
buses, (viii) the purchase of automatic engine fire extinguishing
systems for school buses used to transport students who use wheelchairs
or other assistive mobility devices, and (ix) the purchase of other
equipment as prescribed in the regulations of the commissioner; [and]
S. 8006 24 A. 9006
d. Other transportation capital, debt service and lease expense, as
approved pursuant to regulations of the commissioner[.];
e. Any approved cost of construction, reconstruction, lease or
purchase of a transportation storage facility or site in the amount of
ten thousand dollars or more shall be aidable in accordance with subdi-
vision six of section thirty-six hundred two of this article and shall
not be aidable as transportation expense[.]; AND
F. APPROVED COSTS RELATING TO THE LEASE, PURCHASE, CONSTRUCTION, OR
INSTALLATION OF ZERO-EMISSION SCHOOL BUS ELECTRIC CHARGING OR HYDROGEN
FUELING STATIONS. FOR THE PURPOSES OF THIS SECTION, A ZERO-EMISSION
SCHOOL BUS ELECTRIC CHARGING STATION IS A STATION THAT DELIVERS ELEC-
TRICITY FROM A SOURCE OUTSIDE A ZERO-EMISSION SCHOOL BUS INTO ONE OR
MORE ZERO-EMISSION SCHOOL BUSES. AN ELECTRIC SCHOOL BUS CHARGING STATION
MAY INCLUDE SEVERAL CHARGE POINTS SIMULTANEOUSLY CONNECTING SEVERAL
ZERO-EMISSION SCHOOL BUSES TO THE STATION AND ANY RELATED EQUIPMENT
NEEDED TO FACILITATE CHARGING PLUG-IN ZERO-EMISSION SCHOOL BUSES.
§ 3. Paragraph e of subdivision 7 of section 3602 of the education
law, as amended by section 4 of part L of chapter 57 of the laws of
2005, is amended to read as follows:
e. In determining approved transportation capital, debt service and
lease expense for aid payable in the two thousand five--two thousand six
school year and thereafter, the commissioner, after applying the
provisions of paragraph c of this subdivision to such expense, shall
establish an assumed amortization pursuant to this paragraph to deter-
mine the approved capital, debt service and lease expense of the school
district that is aidable in the current year, whether or not the school
district issues debt for such expenditures, subject to any deduction
pursuant to paragraph d of this subdivision. Such assumed amortization
shall be for a period of five years, AND FOR THE TWO THOUSAND TWENTY-
TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER SUCH ASSUMED
AMORTIZATION FOR ZERO-EMISSION SCHOOL BUSES AS DEFINED IN SECTION THIR-
TY-SIX HUNDRED THIRTY-EIGHT OF THIS CHAPTER AND RELATED COSTS PURSUANT
TO PARAGRAPH F OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWENTY-
THREE-A OF THIS CHAPTER SHALL BE FOR A PERIOD OF TEN YEARS, and shall
commence twelve months after the school district enters into a purchase
contract[,] OR lease of the school bus, CHARGING STATION, HYDROGEN REFU-
ELING STATION, or equipment, or a general contract for the construction,
reconstruction, lease or purchase of a transportation storage facility
or site in an amount less than ten thousand dollars[; except that where
expenses were incurred for the purchase or lease of a school bus or
equipment or the construction, reconstruction, lease or purchase of a
transportation storage facility or site prior to July first, two thou-
sand five and debt service was still outstanding or the lease was still
in effect as of such date, the assumed amortization shall commence as of
July first, two thousand five and the period of the amortization shall
be for a period equal to five years less the number of years, rounded to
the nearest year, elapsed from the date upon which the school district
first entered into such purchase contract or general contract and July
first, two thousand five, as determined by the commissioner, or the
remaining term of the lease as of such date]. Such assumed amortization
shall provide for equal semiannual payments of principal and interest
based on an assumed interest rate established by the commissioner pursu-
ant to this paragraph. By the first day of September of the current year
commencing with the two thousand five--two thousand six school year,
each school district shall provide to the commissioner in a format
prescribed by the commissioner such information as the commissioner
S. 8006 25 A. 9006
shall require for all capital debt incurred by such school district
during the preceding school year for expenses allowable pursuant to
subdivision two of section thirty-six hundred twenty-three-a of this
article. Based on such reported amortizations and a methodology
prescribed by the commissioner in regulations, the commissioner shall
compute an assumed interest rate that shall equal the average of the
interest rates applied to all such debt issued during the preceding
school year. The assumed interest rate shall be the interest rate of
each such school district applicable to the current year for the
purposes of this paragraph and shall be expressed as a decimal to five
places rounded to the nearest eighth of one-one hundredth.
§ 4. Subparagraph 7 of paragraph e of subdivision 1 of section 3623-a
of the education law, as added by chapter 474 of the laws of 1996, is
amended to read as follows:
(7) fuel, oil, tires, chains, maintenance and repairs for school
buses, PROVIDED THAT FOR PURPOSES OF THIS ARTICLE, FUEL SHALL INCLUDE
ELECTRICITY USED TO CHARGE OR HYDROGEN USED TO REFUEL ZERO-EMISSION
SCHOOL BUSES FOR THE AIDABLE TRANSPORTATION OF PUPILS, BUT SHALL NOT
INCLUDE ELECTRICITY OR HYDROGEN USED FOR OTHER PURPOSES;
§ 5. Clause (a) of subdivision 29 of paragraph a of section 11.00 of
the local finance law, as amended by section 2 of chapter 300 of the
laws of 1971, is amended to read as follows:
(a) a passenger vehicle, other than a ZERO-EMISSION school bus, having
a seating capacity of less than ten persons,
§ 6. Subdivision 21-a of section 1604 of the education law, as added
by chapter 472 of the laws of 1998, is amended to read as follows:
21-a. To lease a motor vehicle or vehicles to be used for the trans-
portation of the children of the district from a school district, board
of cooperative educational services or county vocational education and
extension board or from any other source, under the conditions specified
in this subdivision. No such agreement for the lease of a motor vehicle
or vehicles shall be for a term of more than one school year, provided
that when authorized by a vote of the qualified voters of the district
such lease may have a term of up to five years, OR TEN YEARS FOR THE
LEASE OF ZERO-EMISSION SCHOOL BUSES AS DEFINED IN SECTION THIRTY-SIX
HUNDRED THIRTY-EIGHT OF THIS CHAPTER. Where the trustee or board of
trustees enter into a lease of a motor vehicle or vehicles pursuant to
this subdivision for a term of one school year or less, such trustee or
board shall not be authorized to enter into another lease for the same
or an equivalent replacement vehicle or vehicles, as determined by the
commissioner, without obtaining approval of the qualified voters of the
school district.
§ 7. Paragraph i of subdivision 25 of section 1709 of the education
law, as added by chapter 472 of the laws of 1998, is amended to read as
follows:
i. In addition to the authority granted in paragraph e of this subdi-
vision, the board of education shall be authorized to lease a motor
vehicle or vehicles to be used for the transportation of the children of
the district from sources other than a school district, board of cooper-
ative educational services or county vocational education and extension
board under the conditions specified in this paragraph. No such agree-
ment for the lease of a motor vehicle or vehicles shall be for a term of
more than one school year, provided that when authorized by a vote of
the qualified voters of the district such lease may have a term of up to
five years, OR TEN YEARS FOR THE LEASE OF ZERO-EMISSION SCHOOL BUSES AS
DEFINED IN SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THIS CHAPTER.
S. 8006 26 A. 9006
Where the board of education enters a lease of a motor vehicle or vehi-
cles pursuant to this paragraph for a term of one school year or less,
such board shall not be authorized to enter into another lease of the
same or an equivalent replacement vehicle or vehicles, as determined by
the commissioner, without obtaining approval of the voters.
§ 8. Subdivision 29-a of paragraph a of section 11.00 of the local
finance law, as added by section 1 of part BB of chapter 58 of the laws
of 2015, is amended to read as follows:
29-a. Transit motor vehicles. The purchase of municipally owned omni-
bus or similar surface transit motor vehicles OR A ZERO-EMISSION SCHOOL
BUS OWNED BY A SCHOOL DISTRICT DEFINED PURSUANT TO SUBDIVISION TWO OF
SECTION TWO OF THIS CHAPTER, A CITY SCHOOL DISTRICT WITH A POPULATION OF
MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES, ten years.
§ 9. This act shall take effect immediately.
PART C
Section 1. Subdivision 2 of section 3001 of the education law, as
amended by chapter 658 of the laws of 2002, is amended to read as
follows:
2. Not in possession of a teacher's certificate OR TEMPORARY PERMIT
issued under the authority of this chapter or a diploma issued on the
completion of a course in state college for teachers or state teachers
college of this state.
The provisions of this subdivision shall not prohibit a certified
teacher from permitting a practice or cadet teacher enrolled in an
approved teacher education program from teaching a class without the
presence of the certified teacher in the classroom provided the class-
room certified teacher is available at all times and retains supervision
of the practice or cadet teacher. The number of certified teachers shall
not be diminished by reason of the presence of cadet teachers.
§ 2. The education law is amended by adding a new section 3001-e to
read as follows:
§ 3001-E. TEMPORARY PROFESSIONAL PERMIT; APPLICANT PENDING CERTIF-
ICATE. UPON SUBMISSION TO THE DEPARTMENT OF A COMPLETED APPLICATION AND
DOCUMENTATION NECESSARY TO DEMONSTRATE QUALIFICATIONS REQUIRED TO OBTAIN
A TEACHER'S CERTIFICATE OR OTHER SCHOOL PROFESSION CERTIFICATE ISSUED
UNDER THIS ARTICLE, AND THE APPLICANT'S WRITTEN ATTESTATION UNDER PENAL-
TY OF PERJURY THAT THE APPLICANT HAS MET ALL REQUIREMENTS OF OBTAINING
SUCH CERTIFICATE, THE COMMISSIONER SHALL ISSUE TO SUCH APPLICANT, WITHIN
FIVE BUSINESS DAYS OF THE APPLICATION'S SUBMISSION, A TEMPORARY PERMIT
VALIDATING HIS OR HER EMPLOYMENT IN A TEACHING CAPACITY OR OTHER PROFES-
SIONAL CAPACITY, AS THE CASE MAY BE, IN THE PUBLIC SCHOOLS OF THE STATE.
SUCH APPLICATION SHALL BE IN A FORM REQUIRED BY THE COMMISSIONER. A
TEMPORARY PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF ISSUE, OR UPON
ISSUANCE OF A CERTIFICATE BY THE COMMISSIONER, OR UPON NOTICE TO THE
APPLICANT BY THE DEPARTMENT THAT THE APPLICATION FOR A CERTIFICATE HAS
BEEN DENIED, WHICHEVER SHALL OCCUR FIRST. THE HOLDER OF A TEMPORARY
PERMIT SHALL BE EMPLOYED IN A TEACHING CAPACITY OR OTHER PROFESSIONAL
CAPACITY, AS THE CASE MAY BE, IN A PUBLIC SCHOOL ONLY UNDER THE SUPER-
VISION AND MENTORSHIP OF A PROFESSIONAL HOLDING A PERMANENT OR PROFES-
SIONAL CERTIFICATE IN THE SAME PROFESSION IN NEW YORK STATE AND EMPLOYED
IN THE SAME SCHOOL BUILDING, AND WITH THE ENDORSEMENT OF THE EMPLOYING
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
S. 8006 27 A. 9006
§ 3. The education law is amended by adding a new section 3001-f to
read as follows:
§ 3001-F. EMPLOYMENT OF INDIVIDUALS HOLDING EXPIRED CERTIFICATES.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, REGULATION, OR RULE TO THE
CONTRARY, AN INDIVIDUAL HOLDING A CERTIFICATE ISSUED UNDER THIS ARTICLE
WHICH HAS EXPIRED, AND WHO HAS REMAINED OTHERWISE QUALIFIED TO HOLD SUCH
CERTIFICATE, SHALL BE AUTHORIZED TO BE EMPLOYED IN A TEACHING CAPACITY
OR OTHER PROFESSIONAL CAPACITY, AS THE CASE MAY BE AND AS ALLOWED UNDER
THEIR EXPIRED CERTIFICATE, IN THE PUBLIC SCHOOLS OF THE STATE UPON
NOTIFICATION TO THE COMMISSIONER AND PAYMENT OF THE APPLICABLE CERTIF-
ICATE FEE. SUCH NOTIFICATION SHALL BE IN A FORM DETERMINED BY THE
COMMISSIONER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE
COMMISSIONER FROM TAKING ANY INVESTIGATORY OR DISCIPLINARY ACTION AS
AUTHORIZED UNDER LAW.
§ 4. Subdivision 1 of section 3006 of the education law is amended by
adding a new paragraph f to read as follows:
F. A TEMPORARY PROFESSIONAL PERMIT AS AUTHORIZED UNDER SECTION THREE
THOUSAND ONE-E OF THIS ARTICLE.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that section three of this act
shall expire and be deemed repealed June 30, 2024. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.
PART D
Section 1. Subparagraph 4-b of paragraph h of subdivision 2 of section
355 of the education law, as added by section 1 of part GG of chapter 56
of the laws of 2021, is amended to read as follows:
(4-b) [(i)] In state fiscal year two thousand twenty-two--two thousand
twenty-three AND THEREAFTER, the state shall appropriate and make avail-
able general fund operating support in the amount of [thirty-three
percent of] the tuition credit calculated pursuant to section six
hundred eighty-nine-a of this chapter [for the two thousand twenty-two-
-two thousand twenty-three academic year.
(ii) In state fiscal year two thousand twenty-three--two thousand
twenty-four, the state shall appropriate and make available general fund
operating support in the amount of sixty-seven percent of the tuition
credit calculated pursuant to section six hundred eighty-nine-a of this
chapter for the two thousand twenty-three--two thousand twenty-four
academic year.
(iii) Beginning in state fiscal year two thousand twenty-four--two
thousand twenty-five and thereafter, the state shall appropriate and
make available general fund operating support in the amount of the
tuition credit calculated pursuant to section six hundred eighty-nine-a
of this chapter] annually.
§ 2. Paragraph (f) of subdivision 7 of section 6206 of the education
law, as added by section 2 of part GG of chapter 56 of the laws of 2021,
is amended to read as follows:
(f) [(i)] In state fiscal year two thousand twenty-two--two thousand
twenty-three AND THEREAFTER, the state shall appropriate and make avail-
able general fund operating support in the amount of [thirty-three
percent of] the tuition credit calculated pursuant to section six
hundred eighty-nine-a of this chapter [for the two thousand twenty-two-
-two thousand twenty-three academic year.
S. 8006 28 A. 9006
(ii) In state fiscal year two thousand twenty-three--two thousand
twenty-four, the state shall appropriate and make available general fund
operating support in the amount of sixty-seven percent of the tuition
credit calculated pursuant to section six hundred eighty-nine-a of this
chapter for the two thousand twenty-three--two thousand twenty-four
academic year.
(iii) Beginning in state fiscal year two thousand twenty-four--two
thousand twenty-five and thereafter, the state shall appropriate and
make available general fund operating support in the amount of the
tuition credit calculated pursuant to section six hundred eighty-nine-a
of this chapter] annually.
§ 3. This act shall take effect immediately.
PART E
Section 1. Section 667-c of the education law, as added by section 1
of part N of chapter 58 of the laws of 2006, is amended to read as
follows:
§ 667-c. Part-time tuition assistance program awards. 1. Notwithstand-
ing any law, rule or regulation to the contrary, the president of the
higher education services corporation is authorized to make tuition
assistance program awards to:
A. part-time students enrolled at the state university, a community
college, the city university of New York, and a non-profit college or
university incorporated by the regents or by the legislature who meet
all requirements for tuition assistance program awards except for the
students' part-time attendance; OR
B. STUDENTS ENROLLED PART-TIME AT A COMMUNITY COLLEGE IN A NON-DEGREE
WORKFORCE CREDENTIAL PROGRAM APPROVED BY THE NEW YORK STATE EMPIRE STATE
DEVELOPMENT CORPORATION AND THE NEW YORK STATE REGIONAL ECONOMIC DEVEL-
OPMENT COUNCILS BASED ON AN ANALYSIS OF REGIONAL INDUSTRY TRENDS, WORK-
FORCE NEEDS AND EXISTING PROGRAM OFFERINGS.
2. For purposes of this section[, a part-time student is one who]:
a. FOR STUDENTS DEFINED IN PARAGRAPH A OF SUBDIVISION ONE OF THIS
SECTION, A PART-TIME STUDENT IS ONE WHO: (I) enrolled as a first-time
freshman during the two thousand six--two thousand seven academic year
or thereafter at a college or university within the state university,
including a statutory or contract college, a community college estab-
lished pursuant to article one hundred twenty-six of this chapter, the
city university of New York, or a non-profit college or university
incorporated by the regents or by the legislature;
[b. has earned at least twelve credits in each of two consecutive
semesters at one of the institutions named in paragraph a of this subdi-
vision by the time of the awards;
c.] (II) is enrolled for at least six but less than twelve semester
hours, or the equivalent, per semester in an approved undergraduate
degree program; and
[d.] (III) has a cumulative grade-point average of at least 2.00.
B. FOR STUDENTS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF THIS
SECTION, A PART-TIME STUDENT IS ONE WHO: (I) MEETS ALL REQUIREMENTS FOR
TUITION ASSISTANCE PROGRAM AWARDS EXCEPT FOR THE STUDENT'S PART-TIME
ATTENDANCE AND ANY OTHER REQUIREMENTS THAT ARE INCONSISTENT WITH THE
STUDENT'S ENROLLMENT IN A NON-DEGREE PROGRAM; AND
(II) IS ENROLLED IN AN APPROVED NON-DEGREE WORKFORCE CREDENTIAL
PROGRAM AT A COMMUNITY COLLEGE ESTABLISHED PURSUANT TO ARTICLE ONE
HUNDRED TWENTY-SIX OF THIS CHAPTER.
S. 8006 29 A. 9006
3. a. For part-time students defined in this section, the award shall
be calculated as provided in section six hundred sixty-seven of this
article and shall be in an amount equal to the enrollment factor percent
of the award the student would have been eligible for if the student
were enrolled full-time. [The] FOR PART-TIME STUDENTS DEFINED IN PARA-
GRAPH A OF SUBDIVISION ONE OF THIS SECTION, THE enrollment factor
percent is the percentage obtained by dividing the number of credits the
student is enrolled in, as certified by the school, by the number of
credits required for full-time study in the semester, quarter or term as
defined by the commissioner. FOR PART-TIME STUDENTS DEFINED IN PARA-
GRAPH B OF SUBDIVISION ONE OF THIS SECTION, THE ENROLLMENT FACTOR SHALL
BE CALCULATED PURSUANT TO REGULATIONS ESTABLISHED BY THE HIGHER EDUCA-
TION SERVICES CORPORATION.
b. [Any] (I) FOR PART-TIME STUDENTS DEFINED IN PARAGRAPH A OF SUBDIVI-
SION ONE OF THIS SECTION, ANY semester, quarter or term of attendance
during which a student receives an award pursuant to this section shall
be counted as the enrollment factor percent of a semester, quarter or
term toward the maximum term of eligibility for tuition assistance
awards pursuant to section six hundred sixty-seven of this article. The
total period of study for which payment may be made shall not exceed the
equivalent of the maximum period authorized for that award.
(II) FOR PART-TIME STUDENTS AS DEFINED IN PARAGRAPH B OF SUBDIVISION
ONE OF THIS SECTION, THE TOTAL PERIOD OF STUDY FOR WHICH PAYMENT MAY BE
MADE SHALL NOT EXCEED THE EQUIVALENT OF THE MAXIMUM PERIOD AUTHORIZED
FOR THE NON-DEGREE WORKFORCE CREDENTIAL PROGRAM.
§ 2. This act shall take effect immediately.
PART F
Section 1. Subparagraph (v) of paragraph b-1 of subdivision 4 of
section 661 of the education law is REPEALED.
§ 2. Subparagraphs (iii) and (iv) of paragraph b-1 of subdivision 4 of
section 661 of the education law, as added by section 1 of part Z of
chapter 58 of the laws of 2011, are amended to read as follows:
(iii) does not maintain good academic standing pursuant to paragraph c
of subdivision six of section six hundred sixty-five of this subpart,
and if there is no applicable existing academic standards schedule
pursuant to such subdivision, then such recipient shall be placed on the
academic standards schedule applicable to students enrolled in a four-
year or five-year undergraduate program; OR
(iv) is in default in the repayment of any state or federal student
loan, has failed to comply with the terms of any service condition
imposed by an academic performance award made pursuant to this article,
or has failed to make a refund of any award[; or].
§ 3. Paragraph d of subdivision 6 of section 661 of the education law
is REPEALED.
§ 4. This act shall take effect immediately.
PART G
Section 1. Subdivision 2 of section 669-h of the education law, as
amended by section 1 of part G of chapter 56 of the laws of 2021, is
amended to read as follows:
2. Amount. Within amounts appropriated therefor and based on avail-
ability of funds, awards shall be granted beginning with the two thou-
sand seventeen--two thousand eighteen academic year and thereafter to
S. 8006 30 A. 9006
applicants that the corporation has determined are eligible to receive
such awards. The corporation shall grant such awards in an amount up to
five thousand five hundred dollars or actual tuition, whichever is less;
provided, however, (a) a student who receives educational grants and/or
scholarships that cover the student's full cost of attendance shall not
be eligible for an award under this program; and (b) an award under this
program shall be applied to tuition after the application of payments
received under the tuition assistance program pursuant to section six
hundred sixty-seven of this subpart, tuition credits pursuant to section
six hundred eighty-nine-a of this article, federal Pell grant pursuant
to section one thousand seventy of title twenty of the United States
code, et seq., and any other program that covers the cost of attendance
unless exclusively for non-tuition expenses, and the award under this
program shall be reduced in the amount equal to such payments, provided
that the combined benefits do not exceed five thousand five hundred
dollars. Upon notification of an award under this program, the institu-
tion shall defer the amount of tuition. Notwithstanding paragraph h of
subdivision two of section three hundred fifty-five and paragraph (a) of
subdivision seven of section six thousand two hundred six of this chap-
ter, and any other law, rule or regulation to the contrary, the under-
graduate tuition charged by the institution to recipients of an award
shall not exceed the tuition rate established by the institution for the
two thousand sixteen--two thousand seventeen academic year provided,
however, that in the two thousand [twenty-three] TWENTY-TWO--two thou-
sand [twenty-four] TWENTY-THREE academic year and every year thereafter,
the undergraduate tuition charged by the institution to recipients of an
award shall be reset to equal the tuition rate established by the insti-
tution for the forthcoming academic year, provided further that the
tuition credit calculated pursuant to section six hundred eighty-nine-a
of this article shall be applied toward the tuition rate charged for
recipients of an award under this program. Provided further that the
state university of New York and the city university of New York shall
provide an additional tuition credit to students receiving an award to
cover the remaining cost of tuition.
§ 2. This act shall take effect immediately.
PART H
Section 1. Subdivision 5 of section 695-b of the education law, as
amended by chapter 535 of the laws of 2000, is amended to read as
follows:
5. "Eligible educational institution" shall mean (A) any institution
of higher education defined as an eligible educational institution in
section 529(e)(5) of the Internal Revenue Code of 1986, as amended, OR
(B) ANY APPRENTICESHIP PROGRAM DESCRIBED IN SECTION 529(C)(8) OF THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED.
§ 2. This act shall take effect immediately.
PART I
Section 1. The education law is amended by adding a new article 13-C
to read as follows:
ARTICLE 13-C
STUDENT DEBT; PROHIBITED PRACTICES
S. 8006 31 A. 9006
SECTION 640. STUDENT DEBT; PROHIBITED PRACTICES.
§ 640. STUDENT DEBT; PROHIBITED PRACTICES. 1. NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF LAW, RULE, OR REGULATION, NO INSTITUTION OF
HIGHER EDUCATION, INCLUDING COLLEGES, UNIVERSITIES, AND ORGANIZATIONS
OFFERING CAREER EDUCATION, AS DEFINED IN SECTION TWO OF THIS CHAPTER
SHALL:
(A) WITHHOLD A STUDENT'S TRANSCRIPT FOR FAILURE TO PAY PAST OR PRES-
ENTLY DUE TUITION;
(B) CONDITION THE RECEIPT OF A TRANSCRIPT OR OF CREDIT OR OTHER OFFI-
CIAL RECOGNITION FOR WORK COMPLETED SATISFACTORILY ON THE PAYMENT OF A
DEBT, OTHER THAN THE CONDITION OF A FEE CHARGED TO PROVIDE THE TRAN-
SCRIPT;
(C) CHARGE A HIGHER FEE FOR OBTAINING A TRANSCRIPT, OR PROVIDE LESS
FAVORABLE TREATMENT OF A TRANSCRIPT REQUEST BECAUSE A STUDENT OWES A
DEBT; OR
(D) USE TRANSCRIPT ISSUANCE AS A TOOL FOR DEBT COLLECTION.
2. THE COMMISSIONER OR THE SUPERINTENDENT OF FINANCIAL SERVICES MAY,
AFTER NOTICE AND HEARING, ENJOIN SUCH TRANSCRIPT WITHHOLDING PRACTICES
AND REQUIRE ANY COLLEGE FOUND TO BE IN VIOLATION OF THE PROVISIONS OF
THIS ARTICLE OR THE RULES OR REGULATIONS PROMULGATED HEREUNDER TO PAY TO
THE PEOPLE OF THIS STATE A PENALTY OF FIVE HUNDRED DOLLARS FOR EACH
VIOLATION.
3. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE DEPARTMENT OR THE
SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT TO THIS SECTION, ANY
PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF THIS SECTION
MAY BRING AN ACTION IN THEIR OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR
PRACTICE. THE COURT MAY, IN ITS DISCRETION, AWARD REASONABLE ATTORNEY'S
FEES TO THE PREVAILING PLAINTIFF.
4. IN ADDITION TO THE PENALTIES IMPOSED UNDER THIS SECTION, A
VIOLATION OF THIS ARTICLE SHALL BE CONSIDERED A VIOLATION OF THE LAWS
AND RULES GOVERNING HIGHER EDUCATION AWARD PROGRAMS FOR THE PURPOSE OF
ARTICLE FOURTEEN OF THIS CHAPTER AND THE PRESIDENT OF THE HIGHER EDUCA-
TION SERVICES CORPORATION MAY SUSPEND, LIMIT OR TERMINATE AN INSTI-
TUTION'S PARTICIPATION IN STATE HIGHER EDUCATION FINANCIAL AID PROGRAMS
UNDER SUCH ARTICLE.
5. NOTHING IN THIS ARTICLE SHALL LIMIT ANY STATUTORY OR COMMON LAW
RIGHT OF ANY PERSON TO BRING ANY ACTION IN ANY COURT FOR ANY ACT, OR THE
RIGHT OF THE STATE TO PUNISH ANY PERSON FOR ANY VIOLATION OF LAW.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
PART J
Section 1. The education law is amended by adding a new section 210-d
to read as follows:
§ 210-D. REGISTRATION OF CURRICULA. NOTWITHSTANDING ANY LAW, RULE OR
REGULATION TO THE CONTRARY, ANY NEW CURRICULUM OR PROGRAM OF STUDY
OFFERED BY ANY NOT-FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE
REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT DOES NOT
REQUIRE A MASTER PLAN AMENDMENT PURSUANT TO SECTION TWO HUNDRED THIRTY-
SEVEN OF THIS PART, OR CHARTER AMENDMENT PURSUANT TO SECTION TWO HUNDRED
SIXTEEN OF THIS PART, OR LEAD TO PROFESSIONAL LICENSURE; AND THAT IS
APPROVED BY THE STATE UNIVERSITY BOARD OF TRUSTEES, THE CITY UNIVERSITY
BOARD OF TRUSTEES, OR THE TRUSTEES OR GOVERNING BODY OF ANY OTHER NOT-
FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS WHICH (1) HAS
MAINTAINED A PHYSICAL PRESENCE IN NEW YORK STATE FOR THE IMMEDIATELY
S. 8006 32 A. 9006
PRECEDING TEN YEARS AND HAS BEEN OPERATED CONTINUOUSLY BY THE SAME
GOVERNING BODY DURING THE SAME IMMEDIATELY PRECEDING TEN YEAR PERIOD AND
(2) IS ACCREDITED AND HAS CONTINUED IN ACCREDITATION BY THE MIDDLE
STATES COMMISSION ON HIGHER EDUCATION ("MSCHE") OR THE DEPARTMENT FOR
THE IMMEDIATELY PRECEDING TEN YEARS, SHALL BE DEEMED AUTHORIZED FOR
TEMPORARY OPERATION PENDING PROGRAM APPROVAL FORTY-FIVE DAYS AFTER
CERTIFICATION BY THE DEPARTMENT OF SUBMISSION OF A COMPLETED APPLICATION
FOR PROGRAM APPROVAL. AS USED IN THIS SECTION, "AUTHORIZED FOR TEMPORARY
OPERATION PENDING PROGRAM APPROVAL" MEANS A COLLEGE OR UNIVERSITY MAY
OPERATE THE CURRICULUM OR PROGRAM OF STUDY ON A CONTINGENT BASIS DURING
THE REMAINDER OF THE DEPARTMENT'S PROGRAM REVIEW PROCESS, INCLUDING BUT
NOT LIMITED TO ACCEPTING ADMISSION OF STUDENTS INTO THE PROGRAM, CHARG-
ING APPLICABLE TUITION AND FEES, AND PROVIDING THE EDUCATIONAL PROGRAM-
MING TO STUDENTS. ANY COLLEGE OR UNIVERSITY OPERATING A PROGRAM AUTHOR-
IZED FOR TEMPORARY OPERATION PENDING PROGRAM APPROVAL MUST DISCLOSE THIS
STATUS AND ITS MEANING TO POTENTIAL STUDENTS IN WRITING. IF THE ACADEMIC
PROGRAM BEING OPERATED ON A TEMPORARY BASIS IS ULTIMATELY DISAPPROVED BY
THE DEPARTMENT, THE COLLEGE OR UNIVERSITY OPERATING SUCH PROGRAM SHALL
IMMEDIATELY CEASE OPERATION OF THE PROGRAM AND REFUND ALL MONIES PAID BY
STUDENTS TO ATTEND SUCH PROGRAMS. IF THE COLLEGE OR UNIVERSITY IS PLACED
ON PROBATION OR HAS ITS ACCREDITATION TERMINATED BY MSCHE, SUCH COLLEGE
OR UNIVERSITY SHALL NOTIFY THE REGENTS IN WRITING NO LATER THAN THIRTY
DAYS AFTER RECEIVING NOTICE OF ITS PROBATIONARY STATUS OR LOSS OF
ACCREDITATION BY THE MSCHE. ANY COLLEGE OR UNIVERSITY WHICH HAS ITS
ACCREDITATION PLACED ON PROBATION OR TERMINATED BY THE MSCHE OR THE
DEPARTMENT SHALL BE SUBJECT TO THE COMMISSIONER'S PROGRAM APPROVAL AND
MAY NOT OPERATE A CURRICULUM OR PROGRAM OF STUDY UNDER THE AUTHORITY OF
THIS SECTION UNTIL IT HAS BEEN REMOVED FROM PROBATION OR REGAINED
ACCREDITATION BY MSCHE OR THE DEPARTMENT, AND SHALL FURTHER REMAIN SO
RESTRICTED UNTIL IT HAS CONTINUED WITHOUT PROBATION FOR A PERIOD OF NOT
LESS THAN SIX YEARS. IF A COLLEGE OR UNIVERSITY SUBJECT TO THIS SECTION
INTENDS TO OFFER OR INSTITUTE AN ADDITIONAL DEGREE OR PROGRAM WHICH
CONSTITUTES A SUBSTANTIVE CHANGE, AS DEFINED AND DETERMINED BY MSCHE,
THEN THE COLLEGE OR UNIVERSITY SHALL PROVIDE THE COMMISSIONER WITH
COPIES OF ANY REPORTS OR OTHER DOCUMENTS FILED WITH MSCHE AS PART OF
MSCHE'S SUBSTANTIVE CHANGE REVIEW PROCESS AND SHALL INFORM THE COMMIS-
SIONER WHEN THE SUBSTANTIVE CHANGE IS APPROVED. ANY SUCH COLLEGE OR
UNIVERSITY THAT DOES NOT SATISFY ALL OF THE PROVISIONS OF THIS SECTION
SHALL COMPLY WITH THE PROCEDURES AND CRITERIA ESTABLISHED BY THE REGENTS
AND COMMISSIONER FOR ACADEMIC PROGRAM APPROVAL. NOTHING IN THIS SECTION
SHALL BE DEEMED TO LIMIT THE DEPARTMENT'S EXISTING AUTHORITY TO INVESTI-
GATE A COMPLAINT CONCERNING THE INSTITUTION, OR ANY PROGRAM OFFERED,
INCLUDING THE AUTHORITY TO DEREGISTER THE PROGRAM.
§ 2. This act shall take effect July 1, 2022.
PART K
Section 1. Section 1503 of the business corporation law is amended by
adding a new paragraph (h) to read as follows:
(H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC
S. 8006 33 A. 9006
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFES-
SIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED
FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF
REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM INCORPORATED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM
THAT IS INCORPORATED UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES. FOR PURPOSES OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS
TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL
HAVE ATTACHED TO ITS CERTIFICATE OF INCORPORATION A CERTIFICATE OR
CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN
LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF
PARAGRAPH (B) OF THIS SECTION.
§ 2. Section 1507 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS
WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE THE PROFESSION WHICH
SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN
ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A
PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES-
SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE
ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT
LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
(I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
(II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
(III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
(IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS.
NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A
VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION,
THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER
SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN
VIOLATION OF THIS SECTION SHALL BE VOID.
§ 3. Section 1508 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION
PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC
S. 8006 34 A. 9006
ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE
DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI-
CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN ANY STATE THE
PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE
EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF
THEIR PROFESSIONS IN SUCH CORPORATION.
§ 4. Section 1509 of the business corporation law, as amended by chap-
ter 550 of the laws of 2011, is amended to read as follows:
§ 1509. Disqualification of shareholders, directors, officers and
employees.
If any shareholder, director, officer or employee of a professional
service corporation, including a design professional service corpo-
ration, who has been rendering professional service to the public
becomes legally disqualified to practice his OR HER profession within
this state, he OR SHE shall sever all employment with, and financial
interests (other than interests as a creditor) in, such corporation
forthwith or as otherwise provided in section 1510 of this article. All
provisions of law regulating the rendering of professional services by a
person elected or appointed to a public office shall be applicable to a
shareholder, director, officer and employee of such corporation in the
same manner and to the same extent as if fully set forth herein. Such
legal disqualification to practice his OR HER profession within this
state shall be deemed to constitute an irrevocable offer by the disqual-
ified shareholder to sell his OR HER shares to the corporation, pursuant
to the provisions of section 1510 of this article or of the certificate
of incorporation, by-laws or agreement among the corporation and all
shareholders, whichever is applicable. Compliance with the terms of such
offer shall be specifically enforceable in the courts of this state. A
professional service corporation's failure to enforce compliance with
this provision shall constitute a ground for forfeiture of its certif-
icate of incorporation and its dissolution.
§ 5. Paragraph (a) of section 1511 of the business corporation law, as
amended by chapter 550 of the laws of 2011, is amended and a new para-
graph (c) is added to read as follows:
(a) No shareholder of a professional service corporation [or], INCLUD-
ING a design professional service corporation, may sell or transfer his
OR HER shares in such corporation except to another individual who is
eligible to have shares issued to him OR HER by such corporation or
except in trust to another individual who would be eligible to receive
shares if he OR SHE were employed by the corporation. Nothing herein
contained shall be construed to prohibit the transfer of shares by oper-
ation of law or by court decree. No transferee of shares by operation
of law or court decree may vote the shares for any purpose whatsoever
except with respect to corporate action under sections 909 and 1001 of
this chapter. The restriction in the preceding sentence shall not apply,
however, where such transferee would be eligible to have shares issued
to him OR HER if he OR SHE were an employee of the corporation and, if
there are other shareholders, a majority of such other shareholders
shall fail to redeem the shares so transferred, pursuant to section 1510
of this article, within sixty days of receiving written notice of such
transfer. Any sale or transfer, except by operation of law or court
decree or except for a corporation having only one shareholder, may be
made only after the same shall have been approved by the board of direc-
tors, or at a shareholders' meeting specially called for such purpose by
such proportion, not less than a majority, of the outstanding shares as
S. 8006 35 A. 9006
may be provided in the certificate of incorporation or in the by-laws of
such professional service corporation. At such shareholders' meeting the
shares held by the shareholder proposing to sell or transfer his OR HER
shares may not be voted or counted for any purpose, unless all share-
holders consent that such shares be voted or counted. The certificate of
incorporation or the by-laws of the professional service corporation, or
the professional service corporation and the shareholders by private
agreement, may provide, in lieu of or in addition to the foregoing
provisions, for the alienation of shares and may require the redemption
or purchase of such shares by such corporation at prices and in a manner
specifically set forth therein. The existence of the restrictions on the
sale or transfer of shares, as contained in this article and, if appli-
cable, in the certificate of incorporation, by-laws, stock purchase or
stock redemption agreement, shall be noted conspicuously on the face or
back of every certificate for shares issued by a professional service
corporation. Any sale or transfer in violation of such restrictions
shall be void.
(C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE
SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR
HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE-
HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE
SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO
THIS ARTICLE.
§ 6. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY,
FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND
RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH
CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES
OVER THE ENTIRE THREE YEAR PERIOD THAT:
(I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
(II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
(III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
(IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC
ACCOUNTANTS.
THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC
ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY
ASSISTANT SECRETARY OF THE CORPORATION.
§ 7. Paragraph (d) of section 1525 of the business corporation law, as
added by chapter 505 of the laws of 1983, is amended to read as follows:
(d) "Foreign professional service corporation" means a professional
service corporation, whether or not denominated as such, organized under
the laws of a jurisdiction other than this state, all of the sharehold-
S. 8006 36 A. 9006
ers, directors and officers of which are authorized and licensed to
practice the profession for which such corporation is licensed to do
business; except that all shareholders, directors and officers of a
foreign professional service corporation which provides health services
in this state shall be licensed in this state. A FOREIGN PROFESSIONAL
SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC
ACCOUNTANCY, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE ONE HUNDRED
FORTY-NINE OF THE EDUCATION LAW, OR EQUIVALENT STATE LAW, SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN
PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR
HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH,
"FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL
CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,
THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE
BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE
OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS
AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTER-
EST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES
OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.
§ 8. Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(q) Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state and
each partner of a registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state. Each
partner of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state.
EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil-
ity partnership formed to provide professional engineering, land survey-
ing, geological services, architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or more of
such professions in this state. Each partner of a registered limited
liability partnership formed to provide licensed clinical social work
services in this state must be licensed pursuant to article 154 of the
S. 8006 37 A. 9006
education law to practice clinical social work in this state. Each part-
ner of a registered limited liability partnership formed to provide
creative arts therapy services in this state must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. Each partner of a registered limited liability partnership
formed to provide marriage and family therapy services in this state
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. Each partner of a regis-
tered limited liability partnership formed to provide mental health
counseling services in this state must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant to article 163 of the education law to practice psychoanalysis in
this state. Each partner of a registered limited liability partnership
formed to provide applied behavior analysis service in this state must
be licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. A LIMITED LIABILITY
PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN-
TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE
EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF
THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING
RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO
PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF
A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR
HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION,
"FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL
CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,
THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE
BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER
THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER
OF A FIRM THAT IS FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS
AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A
PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER
OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED
ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS
TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 9. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(q) Each partner of a foreign limited liability partnership which
provides medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the education
S. 8006 38 A. 9006
law to practice veterinary medicine in this state. Each partner of a
foreign limited liability partnership which provides professional engi-
neering, land surveying, geological services, architectural and/or land-
scape architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148 of the education law to
practice one or more of such professions. EACH PARTNER OF A FOREIGN
REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC
ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE
AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT
TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN
THIS STATE. Each partner of a foreign limited liability partnership
which provides licensed clinical social work services in this state must
be licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. Each partner of a foreign
limited liability partnership which provides creative arts therapy
services in this state must be licensed pursuant to article 163 of the
education law to practice creative arts therapy in this state. Each
partner of a foreign limited liability partnership which provides
marriage and family therapy services in this state must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education law to
practice mental health counseling in this state. Each partner of a
foreign limited liability partnership which provides psychoanalysis
services in this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state. Each partner of
a foreign limited liability partnership which provides applied behavior
analysis services in this state must be licensed or certified pursuant
to article 167 of the education law to practice applied behavior analy-
sis in this state. A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMIT-
ED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED
FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF
REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM
THAT IS FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
S. 8006 39 A. 9006
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 10. Subdivision (h) of section 121-101 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
(h) "Limited partnership" and "domestic limited partnership" mean,
unless the context otherwise requires, a partnership (i) formed by two
or more persons pursuant to this article or which complies with subdivi-
sion (a) of section 121-1202 of this article and (ii) having one or more
general partners and one or more limited partners. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART-
NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC
LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF
THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION
SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY
INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH
RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE
FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICEN-
SEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC
ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS
"CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED
UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTIC-
IPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN
ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL
CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN
SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSI-
NESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF
THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.
§ 11. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(b) With respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional service
limited liability company formed to provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state. With respect
to a professional service limited liability company formed to provide
veterinary services as such services are defined in article 135 of the
education law, each member of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect to a professional service
limited liability company formed to provide professional engineering,
land surveying, architectural, landscape architectural and/or geological
S. 8006 40 A. 9006
services as such services are defined in article 145, article 147 and
article 148 of the education law, each member of such limited liability
company must be licensed pursuant to article 145, article 147 and/or
article 148 of the education law to practice one or more of such
professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES
AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited liability company formed to provide licensed clinical social
work services as such services are defined in article 154 of the educa-
tion law, each member of such limited liability company shall be
licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy services as such services are defined in article 163 of the
education law, each member of such limited liability company must be
licensed pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family therapy
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. With respect to a professional service
limited liability company formed to provide mental health counseling
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to provide psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article 163
of the education law to practice psychoanalysis in this state. With
respect to a professional service limited liability company formed to
provide applied behavior analysis services as such services are defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education law to practice applied behavior analysis in this state. A
PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE
IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY
DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW
(1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF
FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE LIMIT-
ED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED
FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF
REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS
S. 8006 41 A. 9006
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM
THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 12. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(a) "Foreign professional service limited liability company" means a
professional service limited liability company, whether or not denomi-
nated as such, organized under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional service within this
state and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members is author-
ized by law to render a professional service within this state and who
is or has been engaged in the practice of such profession in such
professional service limited liability company or a predecessor entity,
or will engage in the practice of such profession in the professional
service limited liability company within thirty days of the date such
professional becomes a member, or (ii) authorized by, or holding a
license, certificate, registration or permit issued by the licensing
authority pursuant to, the education law to render a professional
service within this state; except that all members and managers, if any,
of a foreign professional service limited liability company that
provides health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine. With respect
to a foreign professional service limited liability company which
provides medical services as such services are defined in article 131 of
the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 131 of
the education law to practice medicine in this state. With respect to a
foreign professional service limited liability company which provides
dental services as such services are defined in article 133 of the
education law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a foreign
professional service limited liability company which provides profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape architectural services as such services are defined in article
145, article 147 and article 148 of the education law, each member of
S. 8006 42 A. 9006
such foreign professional service limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional service limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member of such foreign professional service
limited liability company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this state. With
respect to a foreign professional service limited liability company
which provides creative arts therapy services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. With respect to a foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163 of the education law, each
member of such foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. With respect to a
foreign professional service limited liability company which provides
mental health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such foreign professional
service limited liability company must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. With respect to a foreign professional service limited liability
company which provides psychoanalysis services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited liability
company which provides applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such foreign professional service limited liability company must be
licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. A FOREIGN PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC-
TICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1)
THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINAN-
CIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO
INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND
(2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED
LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF
THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTER-
EST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPI-
TAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTI-
TY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS
S. 8006 43 A. 9006
OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS.
NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY
NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS
"CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS
REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
(2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES-
SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES
OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.
§ 13. Notwithstanding any other provision of law to the contrary,
there is hereby established a fee for each non-licensee owner of a firm
that is incorporating as a professional service corporation formed to
lawfully engage in the practice of public accountancy. Such non-licensee
owner shall pay a fee of three hundred dollars to the department of
education on an annual basis.
§ 14. This act shall take effect immediately.
PART L
Section 1. Subdivision 2 of section 410-u of the social services law,
as added by section 52 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
2. The state block grant for child care shall be divided into two
parts pursuant to a plan developed by the department and approved by the
director of the budget. One part shall be retained by the state to
provide child care on a statewide basis to special groups and for
activities to increase the availability and/or quality of child care
programs, including, but not limited to, the start-up of child care
programs, the operation of child care resource and referral programs,
training activities, the regulation and monitoring of child care
programs, the development of computerized data systems, and consumer
education, provided however, that child care resource and referral
programs funded under title five-B of article six of this chapter shall
meet additional performance standards developed by the department of
social services including but not limited to: increasing the number of
child care placements for persons who are at or below two hundred TWEN-
TY-FIVE percent of the state income standard EFFECTIVE OCTOBER SIXTEEN,
TWO THOUSAND TWENTY-TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE INCOME
STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-THREE, OR THREE
HUNDRED PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO
THOUSAND TWENTY-FOUR, PROVIDED SUCH PERSONS ARE AT OR BELOW EIGHTY-FIVE
PERCENT OF THE STATE MEDIAN INCOME, with emphasis on placements support-
ing local efforts in meeting federal and state work participation
requirements, increasing technical assistance to all modalities of legal
child care to persons who are at or below two hundred TWENTY-FIVE
percent of the state income standard[,] EFFECTIVE OCTOBER SIXTEEN, TWO
THOUSAND TWENTY-TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE INCOME STAN-
DARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-THREE, OR THREE HUNDRED
PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND
TWENTY-FOUR, PROVIDED SUCH PERSONS ARE AT OR BELOW EIGHTY-FIVE PERCENT
OF THE STATE MEDIAN INCOME, including the provision of training to
S. 8006 44 A. 9006
assist providers in meeting child care standards or regulatory require-
ments, and creating new child care opportunities, and assisting social
services districts in assessing and responding to child care needs for
persons at or below two hundred TWENTY-FIVE percent of the state income
standard EFFECTIVE OCTOBER SIXTEEN, TWO THOUSAND TWENTY-TWO, TWO HUNDRED
SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO
THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE STATE INCOME
STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR, PROVIDED SUCH
PERSONS ARE AT OR BELOW EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME.
The department shall have the authority to withhold funds from those
agencies which do not meet performance standards. Agencies whose funds
are withheld may have funds restored upon achieving performance stand-
ards. The other part shall be allocated to social services districts to
provide child care assistance to families receiving family assistance
and to other low income families.
§ 2. Subdivision 3 of section 410-v of the social services law, as
added by section 52 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
3. Any portion of a social services district's block grant allocation
for a particular federal fiscal year that is not claimed by such
district during that federal fiscal year [shall] MAY be added to that
social services district's block grant allocation for the next federal
fiscal year.
§ 3. Subdivisions 1, 3 and 4 of section 410-w of the social services
law, as amended by chapter 569 of the laws of 2001 and paragraph (a) of
subdivision 4 as amended by chapter 135 of the laws of 2007, are amended
and two new subdivisions 2-a and 10 are added to read as follows:
1. A social services district may use the funds allocated to it from
the block grant to provide child care assistance to:
(a) families receiving public assistance when such child care assist-
ance is necessary: to enable a parent or caretaker relative to engage in
work, participate in work activities or perform a community service
pursuant to title nine-B of article five of this chapter; to enable a
teenage parent to attend high school or other equivalent training
program; because the parent or caretaker relative is physically or
mentally incapacitated; or because family duties away from home necessi-
tate the parent or caretaker relative's absence; child day care shall be
provided during breaks in activities, for a period of up to two weeks.
Such child day care may be authorized for a period of up to one month if
child care arrangements shall be lost if not continued, and the program
or employment is scheduled to begin within such period;
(b) families with incomes up to two hundred TWENTY-FIVE percent of the
state income standard EFFECTIVE OCTOBER SIXTEEN, TWO THOUSAND TWENTY-
TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE
APRIL FIRST, TWO THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE
STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR
who are attempting through work activities to transition off of public
assistance when such child care is necessary in order to enable a parent
or caretaker relative to engage in work provided such families' public
assistance has been terminated as a result of increased hours of or
income from employment or increased income from child support payments
or the family voluntarily ended assistance; [and,] provided that the
family received public assistance at least three of the six months
preceding the month in which eligibility for such assistance terminated
or ended or provided that such family has received child care assistance
S. 8006 45 A. 9006
under subdivision four of this section; AND PROVIDED, THE FAMILY INCOME
DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME;
(c) families with incomes up to two hundred TWENTY-FIVE percent of the
state income standard EFFECTIVE OCTOBER SIXTEEN, TWO THOUSAND TWENTY-
TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE
APRIL FIRST, TWO THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE
STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR,
which are determined in accordance with the regulations of the depart-
ment to be at risk of becoming dependent on family assistance; PROVIDED,
THE FAMILY INCOME DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDI-
AN INCOME;
(d) families with incomes up to two hundred TWENTY-FIVE percent of the
state income standard EFFECTIVE OCTOBER SIXTEEN, TWO THOUSAND TWENTY-
TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE
APRIL FIRST, TWO THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE
STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR
who are attending a post secondary educational program and working at
least seventeen and one-half hours per week; PROVIDED, THE FAMILY INCOME
DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME; and
(e) other families with incomes up to two hundred TWENTY-FIVE percent
of the state income standard EFFECTIVE OCTOBER SIXTEEN, TWO THOUSAND
TWENTY-TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE INCOME STANDARD
EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-THREE, OR THREE HUNDRED
PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND
TWENTY-FOUR which the social services district designates in its consol-
idated services plan as eligible for child care assistance in accordance
with criteria established by the department; PROVIDED, THE FAMILY INCOME
DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME.
2-A. A SOCIAL SERVICES DISTRICT MAY, UPON APPROVAL BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES AND IN ACCORDANCE WITH CRITERIA ESTABLISHED
BY THE OFFICE, USE THE FUNDS ALLOCATED TO IT FROM THE BLOCK GRANT TO
PROVIDE CHILD CARE ASSISTANCE TO FAMILIES WITH INCOMES UP TO THREE
HUNDRED PERCENT OF THE STATE INCOME STANDARD, PROVIDED SUCH FAMILIES
INCOME DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME
STANDARD.
3. A social services district shall guarantee child care assistance to
families in receipt of public assistance with children under thirteen
years of age when such child care assistance is necessary for a parent
or caretaker relative to engage in work or participate in work activ-
ities pursuant to the provisions of title nine-B of article five of this
chapter. Child care assistance shall continue to be guaranteed for such
a family for a period of twelve months after the month in which the
family's eligibility for public assistance has terminated or ended when
such child care is necessary in order to enable the parent or caretaker
relative to engage in work, provided that the family's public assistance
has been terminated as a result of an increase in the hours of or income
from employment or increased income from child support payments or
because the family voluntarily ended assistance; that the family
received public assistance in at least three of the six months preceding
the month in which eligibility for such assistance terminated or ended
or provided that such family has received child care assistance under
subdivision four of this section; [and] that the family's income does
not exceed two hundred TWENTY-FIVE percent of the state income standard
EFFECTIVE OCTOBER SIXTEEN, TWO THOUSAND TWENTY-TWO, TWO HUNDRED SIXTY
PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO THOU-
SAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE STATE INCOME STANDARD
S. 8006 46 A. 9006
EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR; AND THAT THE FAMILY
INCOME DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME.
Such child day care shall recognize the need for continuity of care for
the child and a district shall not move a child from an existing provid-
er unless the participant consents to such move.
4. (a) Local social services districts shall guarantee applicants who
would otherwise be eligible for, or are recipients of, public assistance
benefits and who are employed, the option to choose to receive continu-
ing child day care subsidies in lieu of public assistance benefits, for
such period of time as the recipient continues to be eligible for public
assistance. For the purposes of this subdivision, an eligible applicant
for, or recipient of, public assistance benefits and who is employed
includes a person whose gross earnings equal, or are greater than, the
required number of work hours times the state minimum wage. Recipients
of child care subsidies under this subdivision who are no longer eligi-
ble for public assistance benefits, shall be eligible for transitional
child care described in paragraph (b) of subdivision one of this section
as if they had been recipients of public assistance.
(b) Nothing herein shall be construed to waive the right of an appli-
cant who chooses to receive continuing child day care subsidies pursuant
to this section from applying for ongoing public assistance.
10. FOR THE PURPOSES OF THIS SECTION, THE TERM "STATE MEDIAN INCOME"
MEANS THE MOST RECENT STATE MEDIAN INCOME DATA PUBLISHED BY THE BUREAU
OF THE CENSUS, FOR A FAMILY OF THE SAME SIZE, UPDATED BY THE DEPARTMENT
FOR A FAMILY SIZE OF FOUR AND ADJUSTED BY THE DEPARTMENT FOR FAMILY
SIZE.
§ 4. This act shall take effect October 16, 2022; provided, however,
that subdivision 2-a of section 410-w of the social services law, as
added by section three of this act, shall expire and be deemed repealed
April 1, 2024.
PART M
Section 1. Section 3 of part N of chapter 56 of the laws of 2020,
amending the social services law relating to restructuring financing for
residential school placements, as amended by section 1 of part I of
chapter 56 of the laws of 2021, is amended to read as follows:
§ 3. This act shall take effect immediately [and shall expire and be
deemed repealed April 1, 2022]; provided however that the amendments to
subdivision 10 of section 153 of the social services law made by section
one of this act, shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.
§ 2. This act shall take effect immediately.
PART N
Section 1. Section 28 of part C of chapter 83 of the laws of 2002,
amending the executive law and other laws relating to funding for chil-
dren and family services, as amended by section 1 of subpart A of part K
of chapter 56 of the laws of 2017, is amended to read as follows:
§ 28. This act shall take effect immediately; provided that sections
nine through eighteen and twenty through twenty-seven of this act shall
be deemed to have been in full force and effect on and after April 1,
2002; provided, however, that section fifteen of this act shall apply to
claims that are otherwise reimbursable by the state on or after April 1,
2002 except as provided in subdivision 9 of section 153-k of the social
S. 8006 47 A. 9006
services law as added by section fifteen of this act; provided further
however, that nothing in this act shall authorize the office of children
and family services to deny state reimbursement to a social services
district for violations of the provisions of section 153-d of the social
services law for services provided from January 1, 1994 through March
31, 2002; provided that section nineteen of this act shall take effect
September 13, 2002 and shall expire and be deemed repealed June 30,
2012; and, provided further, however, that notwithstanding any law to
the contrary, the office of children and family services shall have the
authority to promulgate, on an emergency basis, any rules and regu-
lations necessary to implement the requirements established pursuant to
this act; provided further, however, that the regulations to be devel-
oped pursuant to section one of this act shall not be adopted by emer-
gency rule; and provided further that the provisions of sections nine
through eighteen and twenty through twenty-seven of this act shall
expire and be deemed repealed on June 30, [2022] 2027.
§ 2. This act shall take effect immediately.
PART O
Section 1. Section 398-a of the social services law is amended by
adding a new subdivision 2-c to read as follows:
(2-C) THOSE SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST, TWO THOU-
SAND TWENTY-TWO WERE PAYING AT LEAST ONE HUNDRED PERCENT OF THE APPLICA-
BLE RATES PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR FOR
CARE PROVIDED TO FOSTER CHILDREN IN REGULAR, THERAPEUTIC, SPECIAL NEEDS,
AND EMERGENCY FOSTER BOARDING HOMES SHALL PAY FOR THE TWO THOUSAND TWEN-
TY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND FOR EACH SUBSEQUENT RATE
YEAR THEREAFTER AT LEAST ONE HUNDRED PERCENT OF THE APPLICABLE RATES
PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THAT RATE
YEAR. THOSE SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST, TWO THOU-
SAND TWENTY-TWO WERE PAYING LESS THAN THE APPLICABLE RATES PUBLISHED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE TWO THOUSAND TWENTY-
TWO--TWO THOUSAND TWENTY-THREE RATE YEAR FOR CARE PROVIDED TO FOSTER
CHILDREN IN REGULAR, THERAPEUTIC, SPECIAL NEEDS AND EMERGENCY FOSTER
BOARDING HOMES SHALL INCREASE THEIR RATES OF PAYMENT SO THAT: EFFECTIVE
JULY FIRST, TWO THOUSAND TWENTY-TWO THE DIFFERENCE BETWEEN THE PERCENT-
AGE OF THE APPLICABLE RATES PUBLISHED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
THREE RATE YEAR AND THE RATES SUCH DISTRICTS ARE PAYING IS AT LEAST
ONE-HALF LESS THAN THE DIFFERENCE BETWEEN THE PERCENTAGE OF THE APPLICA-
BLE RATES PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND THE
RATES THAT SUCH DISTRICTS WERE PAYING FOR SUCH PROGRAMS ON JULY FIRST,
TWO THOUSAND TWENTY-TWO; AND EFFECTIVE JULY FIRST, TWO THOUSAND TWENTY-
THREE FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR RATE
YEAR AND FOR EACH SUBSEQUENT YEAR THEREAFTER ALL SOCIAL SERVICES
DISTRICTS SHALL PAY AT LEAST ONE HUNDRED PERCENT OF THE APPLICABLE RATES
PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE APPLICA-
BLE RATE YEAR.
§ 2. This act shall take effect immediately.
PART P
S. 8006 48 A. 9006
Section 1. Subdivision 1 of section 2504 of the public health law, as
added by chapter 769 of the laws of 1972, is amended to read as follows:
1. Any person who is eighteen years of age or older, or is the parent
of a child or has married, OR IS A HOMELESS YOUTH AS DEFINED BY SUBDIVI-
SION TWO OF SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, may
give effective consent for medical, dental, health and hospital services
for himself or herself, and the consent of no other person shall be
necessary.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
PART Q
Section 1. Paragraph (a) of subdivision 3 of section 259-i of the
executive law is amended by adding a new subparagraph (ix) to read as
follows:
(IX) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS PARAGRAPH, AN OFFI-
CER WHO TAKES INTO CUSTODY PURSUANT TO A WARRANT AUTHORIZED BY THIS
SECTION A JUVENILE OFFENDER OR ADOLESCENT OFFENDER UNDER THE AGE OF
TWENTY-ONE, OR ANY OTHER DEFENDANT UNDER THE AGE OF EIGHTEEN, SHALL TAKE
SUCH PERSON AND HAVE THEM DETAINED IN A PLACE CERTIFIED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES AS A SECURE OR SPECIALIZED SECURE DETENTION
FACILITY, AS APPROPRIATE, EXCEPT THAT A PERSON PAROLED, CONDITIONALLY
RELEASED, OR RELEASED TO POST-RELEASE SUPERVISION FROM A SECURE FACILITY
OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY ALSO BE HELD
IN SUCH A FACILITY. IF A PERSON SIXTEEN YEARS OF AGE OR OLDER AND UNDER
THE AGE OF EIGHTEEN WHO IS CHARGED WITH A CLASS A FELONY, A VIOLENT
FELONY OFFENSE, OR A FELONY INVOLVING THE USE OR POSSESSION OF A FIREARM
TAKEN INTO CUSTODY PURSUANT TO THIS SECTION IS UNABLE TO BE LODGED IN
SUCH A FACILITY, THE OFFICER HAVING CUSTODY OF SUCH PERSON OR OTHER
APPROPRIATE OFFICIAL MUST PETITION THE SENTENCING COURT FOR APPROVAL TO
LODGE THE PERSON IN A LOCAL CORRECTIONAL FACILITY. THE COURT SHALL HOLD
A HEARING AT WHICH IT DETERMINES WHETHER IT WOULD BE IN THE INTEREST OF
JUSTICE FOR THE VIOLATOR TO BE HELD IN SUCH A FACILITY, CONSIDERING (A)
THE AGE OF THE ALLEGED VIOLATOR, (B) THE PHYSICAL AND MENTAL MATURITY OF
THE ALLEGED VIOLATOR, (C) THE PRESENT MENTAL STATE OF THE ALLEGED VIOLA-
TOR, INCLUDING WHETHER THE ALLEGED VIOLATOR PRESENTS AN IMMINENT RISK OF
HARM TO SELF OR OTHERS, (D) THE NATURE AND CIRCUMSTANCES OF THE ALLEGED
OFFENSE, (E) THE ALLEGED VIOLATOR'S HISTORY OF PRIOR DELINQUENT OR CRIM-
INAL ACTS, (F) THE RELATIVE ABILITY OF THE AVAILABLE LOCAL CORRECTIONAL
AND DETENTION FACILITIES TO NOT ONLY MEET THE SPECIFIC NEEDS OF THE
ALLEGED VIOLATOR BUT ALSO TO PROTECT THE SAFETY OF THE PUBLIC AS WELL AS
OTHER DETAINED YOUTH, AND (G) ANY OTHER RELEVANT FACTOR. IF THE COURT
FINDS THAT IT WOULD BE IN THE INTEREST OF JUSTICE FOR THE ALLEGED VIOLA-
TOR TO BE LODGED IN A LOCAL CORRECTIONAL FACILITY, THE COURT MUST ISSUE
A WRITTEN ORDER SO INDICATING, AND SHALL HOLD A HEARING AT LEAST ONCE
EVERY THIRTY DAYS TO DETERMINE IF SUCH LODGING CONTINUES TO BE IN THE
INTEREST OF JUSTICE. NO ALLEGED VIOLATOR TO WHOM THE PROVISIONS OF THIS
SUBPARAGRAPH APPLY MAY BE DETAINED IN A LOCAL CORRECTIONAL FACILITY FOR
LONGER THAN ONE HUNDRED EIGHTY DAYS UNLESS THE VIOLATOR WAIVES SUCH
LIMITATION OR THE COURT FINDS GOOD CAUSE FOR SUCH CONTINUED DETENTION.
NO ALLEGED VIOLATOR UNDER THE AGE OF EIGHTEEN TO WHOM THE PROVISIONS OF
THIS SECTION APPLY MAY HAVE SIGHT OR SOUND CONTACT WITH ADULTS INCARCER-
S. 8006 49 A. 9006
ATED IN THE LOCAL CORRECTIONAL FACILITY. NO ALLEGED VIOLATOR OVER THE
AGE OF EIGHTEEN SHALL BE PERMITTED TO HAVE SIGHT OR SOUND CONTACT WITH
AN INCARCERATED ADULT WITHOUT A HEARING AS SET FORTH IN THIS SUBPARA-
GRAPH. NOTHING IN THIS SUBPARAGRAPH SHALL BE CONSTRUED TO PERMIT THE
SOLITARY CONFINEMENT, DISCIPLINARY ISOLATION, OR PUNITIVE SEGREGATION OF
SUCH ALLEGED VIOLATOR. THE HEARING PROVIDED FOR BY THIS SUBDIVISION IS
NOT REQUIRED FOR YOUTH TO BE DETAINED IN AN ADULT JAIL OR LOCKUP, WITH
SIGHT AND SOUND SEPARATION FROM ADULT INMATES, WHEN THE YOUTH IS
DETAINED IN AN ADULT JAIL OR LOCKUP FOR A PERIOD NOT TO EXCEED SIX HOURS
FOR PROCESSING OR RELEASE, WHILE AWAITING TRANSFER TO A JUVENILE FACILI-
TY, OR WHILE AWAITING A COURT APPEARANCE; OR THE YOUTH IS AWAITING AN
INITIAL COURT APPEARANCE THAT WILL OCCUR WITHIN FORTY-EIGHT HOURS OF
BEING TAKEN INTO CUSTODY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLI-
DAYS) AND EITHER CONDITIONS OF DISTANCE TO BE TRAVELED OR THE LACK OF
HIGHWAY, ROAD, OR TRANSPORTATION DO NOT ALLOW FOR COURT APPEARANCES
WITHIN FORTY-EIGHT HOURS (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLI-
DAYS) SO THAT A DELAY, NOT TO EXCEED AN ADDITIONAL FORTY-EIGHT HOURS, IS
EXCUSABLE, OR CONDITIONS OF SAFETY EXIST (SUCH AS SEVERE, ADVERSE, LIFE-
THREATENING WEATHER) THAT DO NOT ALLOW FOR REASONABLY SAFE TRAVEL, IN
WHICH CASE THE TIME FOR AN APPEARANCE MAY BE DELAYED UNTIL TWENTY-FOUR
HOURS AFTER THE TIME THAT SUCH CONDITIONS ALLOW FOR REASONABLY SAFE
TRAVEL.
§ 2. Subdivisions 3, 4 and 5 of section 508 of the executive law,
subdivision 3 as amended by section 82 of part WWW of chapter 59 of the
laws of 2017 and subdivisions 4 and 5 as amended by section 97 of
subpart B of part C of chapter 62 of the laws of 2011, are amended to
read as follows:
3. The office of children and family services shall report in writing
to the sentencing court and district attorney, not less than once every
six months during the period of confinement, on the status, adjustment,
programs and progress of the offender.
[The office of children and family services may transfer an offender
not less than eighteen years of age to the department of corrections and
community supervision if the commissioner of the office certifies to the
commissioner of corrections and community supervision that there is no
substantial likelihood that the youth will benefit from the programs
offered by office facilities.]
4. The office of children and family services may apply to the
sentencing court for permission to transfer a youth not less than
[sixteen nor more than] eighteen years of age to the department of
corrections and community supervision. Such application shall be made
upon notice to the youth, who shall be entitled to be heard upon the
application and to be represented by counsel. [The court shall grant the
application if it is satisfied that there is no substantial likelihood
that the youth will benefit from the programs offered by the office
facilities.]
5. [The office of children and family services may transfer an offen-
der not less than eighteen nor more than twenty-one years of age to the
department of corrections and community supervision if the commissioner
of the office certifies to the commissioner of corrections and community
supervision that there is no substantial likelihood that the youth will
benefit from the programs offered by office facilities.] (A) UPON
RECEIVING AN APPLICATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION,
THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER IT WOULD BE IN THE
INTEREST OF JUSTICE FOR THE YOUTH TO BE TRANSFERRED TO THE CUSTODY OF
THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
S. 8006 50 A. 9006
(B) IF THE COURT FINDS THAT IT WOULD BE IN THE INTEREST OF JUSTICE FOR
THE YOUTH TO BE TRANSFERRED TO THE CUSTODY OF THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, THE COURT SHALL ISSUE A WRITTEN
ORDER SO STATING AND TRANSFERRING THE YOUTH.
§ 3. Section 210.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS TWO, THREE, OR SIX
OF THIS SECTION, WHEN A POLICE OFFICER TAKES INTO CUSTODY PURSUANT TO A
WARRANT ISSUED BY THE SUPERIOR COURT A DEFENDANT ALLEGED TO BE A JUVE-
NILE OFFENDER OR ADOLESCENT OFFENDER UNDER THE AGE OF TWENTY-ONE, OR ANY
OTHER DEFENDANT UNDER THE AGE OF EIGHTEEN, IF A COURT IN WHICH THE
WARRANT IS RETURNABLE IS NOT AVAILABLE, THE EXECUTING OR DELEGATING
OFFICER SHALL NOT BRING THE DEFENDANT TO THE LOCAL CORRECTIONAL FACILITY
OF THE COUNTY IN WHICH SUCH COURT SITS AND SHALL BRING THE DEFENDANT
BEFORE THE ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED BY THE APPELLATE
DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT. IF SUCH
ACCESSIBLE MAGISTRATE IS NOT AVAILABLE, THE OFFICER SHALL TAKE TO AND
LODGE THE DEFENDANT IN A PLACE CERTIFIED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES AS A SECURE OR SPECIALIZED SECURE DETENTION FACILITY.
§ 4. Subdivision 1 of section 510.15 of the criminal procedure law, as
amended by chapter 813 of the laws of 2021, is amended and a new subdi-
vision 3 is added to read as follows:
1. When a principal who is under the age of sixteen is committed to
the custody of the sheriff the court must direct that the principal be
taken to and lodged in a place certified by the office of children and
family services as a juvenile detention facility for the reception of
children. When a principal who (a) commencing October first, two thou-
sand eighteen, is sixteen years of age; or (b) commencing October first,
two thousand nineteen, is sixteen or seventeen years of age, is commit-
ted to the custody of the sheriff, the court must direct that the prin-
cipal be taken to and lodged in a place certified by the office of chil-
dren and family services in conjunction with the state commission of
correction as a specialized secure juvenile detention facility for older
youth. Where such a direction is made the sheriff shall deliver the
principal in accordance therewith and such person shall although lodged
and cared for in a juvenile detention facility continue to be deemed to
be in the custody of the sheriff. No principal [under the age specified]
to whom the provisions of this section may apply shall be detained in
any prison, jail, lockup, or other place used for adults convicted of a
crime or under arrest and charged with the commission of a crime [with-
out the approval of the office of children and family services which
shall consult with the commission of correction if the principal is
sixteen years of age or older in the case of each principal and the
statement of its reasons therefor] EXCEPT AS PROVIDED IN SUBDIVISION
THREE OF THIS SECTION; nor shall a principal under the age specified who
is charged solely with a violation as defined in subdivision three of
section 10.00 of the penal law be subject to detention. The sheriff
shall not be liable for any acts done to or by such principal resulting
from negligence in the detention of and care for such principal, when
the principal is not in the actual custody of the sheriff.
3. (A) WHEN A PRINCIPAL SIXTEEN YEARS OF AGE OR OLDER CHARGED WITH A
CLASS A FELONY, A VIOLENT FELONY OFFENSE, OR A FELONY INVOLVING THE USE
OR POSSESSION OF A FIREARM WHO IS COMMITTED TO THE CUSTODY OF THE SHER-
IFF PURSUANT TO THIS SECTION IS UNABLE TO BE LODGED IN A DETENTION
FACILITY BECAUSE (1) THE PRINCIPAL HAS COMMITTED VIOLENT ACTS WHILE
LODGED IN A DETENTION FACILITY THAT MAKE CONTINUED LODGING IN THE FACIL-
S. 8006 51 A. 9006
ITY A THREAT TO THE SAFETY OF THE PRINCIPAL OR OTHERS OR TO THE SECURITY
OF THE FACILITY, OR (2) A LACK OF AVAILABLE AND ACCESSIBLE DETENTION BED
CAPACITY, THE DISTRICT ATTORNEY, SHERIFF OR DETENTION ADMINISTERING
AGENCY MAY PETITION THE COURT FOR APPROVAL TO TEMPORARILY LODGE THE
PRINCIPAL IN A LOCAL CORRECTIONAL FACILITY, SUBJECT TO THE LIMITATIONS
SET FORTH IN SECTION FIVE HUNDRED-P OF THE CORRECTION LAW.
(I) IF THE BASIS FOR THE REQUEST IS THAT THE YOUTH COMMITTED VIOLENT
ACTS WHILE LODGED IN A DETENTION FACILITY THAT MAKE THEIR CONTINUED
LODGING IN A DETENTION FACILITY AN IMMINENT THREAT TO OTHERS, OR THAT
THERE ARE NO AVAILABLE DETENTION BEDS STATEWIDE, SUCH AN APPLICATION MAY
BE MADE BY ORDER TO SHOW CAUSE AND THE COURT SHALL CONDUCT A HEARING
IMMEDIATELY, SUBJECT TO CONTINUANCE WHERE NECESSARY, PRIOR TO ISSUING A
SECURING ORDER.
(II) IN ALL OTHER INSTANCES, A MOTION FOR APPROVAL OF A TRANSFER OF A
YOUTH TO A LOCAL CORRECTIONAL FACILITY MUST BE MADE IN WRITING AND
SERVED AT LEAST EIGHT DAYS BEFORE THE TIME AT WHICH THE MOTION IS
NOTICED TO BE HEARD. IF THE MOTION IS BASED UPON THE EXISTENCE OR OCCUR-
RENCE OF FACTS, THE MOTION PAPERS MUST CONTAIN SWORN ALLEGATIONS THERE-
OF. SUCH SWORN ALLEGATIONS MAY BE BASED UPON PERSONAL KNOWLEDGE OF THE
AFFIANT OR UPON INFORMATION AND BELIEF, PROVIDED THAT IN THE LATTER
EVENT THE AFFIANT MUST STATE THE SOURCES OF SUCH INFORMATION AND THE
GROUNDS OF SUCH BELIEF. THE PEOPLE MAY FURTHER SUBMIT DOCUMENTARY
EVIDENCE SUPPORTING OR TENDING TO SUPPORT THE ALLEGATIONS OF THE MOVING
PAPERS. AT LEAST TWO DAYS BEFORE THE TIME THE MOTION IS NOTICED TO BE
HEARD, THE YOUTH MAY FILE WITH THE COURT, AND IN SUCH CASE MUST SERVE A
COPY THEREOF UPON THE PEOPLE, AN ANSWERING AFFIDAVIT DENYING OR ADMIT-
TING ANY OR ALL OF THE ALLEGATIONS OF THE MOVING PAPERS, AND MAY FURTHER
SUBMIT DOCUMENTARY EVIDENCE REFUTING OR TENDING TO REFUTE SUCH ALLEGA-
TIONS.
(III) THE PARTIES SHALL HAVE THE RIGHT TO PRESENT EVIDENCE, CALL
WITNESSES, AND REQUEST TO CONTINUE THE HEARING TO COMPLETE PRESENTATION
OF EVIDENCE.
(IV) THE YOUTH HAS A RIGHT TO BE PRESENT IN PERSON AT SUCH HEARING.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
OFFICE OF CHILDREN AND FAMILY SERVICES MAY, IN ITS SOLE DISCRETION, MAKE
AVAILABLE, UPON SUCH TERMS AND CONDITIONS AS IT MAY DEEM APPROPRIATE,
ANY PART OF A SECURE FACILITY OPERATED BY THE OFFICE FOR THE CARE AND
MAINTENANCE OF A PRINCIPAL DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION,
UPON REQUEST BY THE SHERIFF OR DETENTION ADMINISTERING AGENCY.
(C) THE COURT SHALL HOLD A HEARING AT WHICH IT DETERMINES WHETHER IT
WOULD BE IN THE INTEREST OF JUSTICE FOR THE PRINCIPAL TO BE HELD IN THE
LOCAL CORRECTIONAL FACILITY, CONSIDERING (I) THE AGE OF THE PRINCIPAL,
(II) THE PHYSICAL AND MENTAL MATURITY OF THE PRINCIPAL, (III) THE PRES-
ENT MENTAL STATE OF THE PRINCIPAL, INCLUDING WHETHER THE PRINCIPAL
PRESENTS AN IMMINENT RISK OF HARM TO SELF OR OTHERS, (IV) THE NATURE AND
CIRCUMSTANCES OF THE ALLEGED OFFENSE, (V) THE PRINCIPAL'S HISTORY OF
PRIOR DELINQUENT OR CRIMINAL ACTS, (VI) THE RELATIVE ABILITY OF THE
AVAILABLE LOCAL CORRECTIONAL AND JUVENILE DETENTION FACILITIES TO NOT
ONLY MEET THE SPECIFIC NEEDS OF THE PRINCIPAL BUT ALSO TO PROTECT THE
SAFETY OF THE PUBLIC AS WELL AS OTHER DETAINED YOUTH, AND (VII) ANY
OTHER RELEVANT FACTOR. THE PEOPLE SHALL HAVE THE BURDEN OF ESTABLISHING
THAT SUCH TRANSFER IS IN THE INTEREST OF JUSTICE BY A PREPONDERANCE OF
THE EVIDENCE.
(D) IF THE COURT FINDS THAT IT WOULD BE IN THE INTEREST OF JUSTICE FOR
THE PRINCIPAL TO BE LODGED IN THE LOCAL CORRECTIONAL FACILITY PURSUANT
TO PARAGRAPH (C) OF THIS SUBDIVISION, THE COURT MUST ISSUE A WRITTEN
S. 8006 52 A. 9006
ORDER TO THAT EFFECT, AND SHALL DIRECT THE SHERIFF TO DELIVER THE PRIN-
CIPAL TO SUCH LOCATION.
(E) THE COURT SHALL HOLD A HEARING AT LEAST ONCE EVERY THIRTY DAYS TO
DETERMINE IF THE PRINCIPAL'S LODGING IN THE LOCAL CORRECTIONAL FACILITY
CONTINUES TO BE IN THE INTEREST OF JUSTICE. NO PRINCIPAL TO WHOM THE
PROVISIONS OF THIS SECTION APPLY SHALL BE DETAINED IN A LOCAL CORREC-
TIONAL FACILITY FOR LONGER THAN ONE HUNDRED EIGHTY DAYS UNLESS THE PRIN-
CIPAL WAIVES SUCH LIMITATION OR THE COURT FINDS GOOD CAUSE FOR SUCH
CONTINUED DETENTION. NO PRINCIPAL UNDER THE AGE OF EIGHTEEN TO WHOM THE
PROVISIONS OF THIS SECTION APPLY SHALL HAVE SIGHT OR SOUND CONTACT WITH
ADULTS INCARCERATED IN THE LOCAL CORRECTIONAL FACILITY. NO PRINCIPAL
OVER THE AGE OF EIGHTEEN SHALL BE PERMITTED TO HAVE SIGHT OR SOUND
CONTACT WITH AN INCARCERATED ADULT WITHOUT A HEARING AS SET FORTH IN
THIS SUBDIVISION. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PERMIT
THE SOLITARY CONFINEMENT, DISCIPLINARY ISOLATION, OR PUNITIVE SEGRE-
GATION OF SUCH PRINCIPAL. DURING ANY PERIOD IN WHICH A PRINCIPAL TO WHOM
THE PROVISIONS OF THIS SECTION APPLIES IS LODGED IN A LOCAL CORRECTIONAL
FACILITY, THE DETENTION ADMINISTERING AGENCY SHALL REMAIN RESPONSIBLE
FOR ASSESSING THE HEALTH AND WELLBEING OF THE PRINCIPAL, CONSISTENT WITH
REGULATIONS PROMULGATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
(F) FOR ANY PRINCIPAL FOR WHOM A TEMPORARY JAIL PLACEMENT HAS BEEN
APPROVED UNDER THIS SUBDIVISION, THE DETENTION-ADMINISTERING AGENCY
SHALL ACTIVELY SEEK APPROPRIATE AND AVAILABLE DETENTION OPTIONS. IF THE
REQUEST WAS BASED ON A LACK OF DETENTION BED CAPACITY, THE DETENTION
ADMINISTERING AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
INFORM THE COURT UPON BED CAPACITY BECOMING AVAILABLE. UPON SUCH NOTICE,
THE COURT SHALL RESCIND THE ORDER APPROVING TRANSFER OF THE PRINCIPAL TO
THE JAIL AND ISSUE AN ORDER DIRECTING THE SHERIFF TO TRANSPORT THE PRIN-
CIPAL TO A JUVENILE FACILITY FORTHWITH.
(G) THE HEARING PROVIDED FOR BY THIS SUBDIVISION IS NOT REQUIRED FOR
YOUTH TO BE DETAINED IN AN ADULT JAIL OR LOCKUP, WITH SIGHT AND SOUND
SEPARATION FROM INCARCERATED ADULTS, WHEN:
(I) THE YOUTH IS DETAINED IN AN ADULT JAIL OR LOCKUP FOR A PERIOD NOT
TO EXCEED SIX HOURS FOR: PROCESSING OR RELEASE, WHILE AWAITING TRANSFER
TO A JUVENILE FACILITY, OR WHILE AWAITING A COURT APPEARANCE; OR
(II) THE YOUTH IS AWAITING AN INITIAL COURT APPEARANCE THAT WILL OCCUR
WITHIN FORTY-EIGHT HOURS AFTER BEING TAKEN INTO CUSTODY (EXCLUDING
SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) AND EITHER: CONDITIONS OF
DISTANCE TO BE TRAVELED OR THE LACK OF HIGHWAY, ROAD, OR TRANSPORTATION
DO NOT ALLOW FOR COURT APPEARANCES WITHIN FORTY-EIGHT HOURS (EXCLUDING
SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) SO THAT A BRIEF (NOT TO EXCEED
AN ADDITIONAL FORTY-EIGHT HOURS) DELAY IS EXCUSABLE; OR CONDITIONS OF
SAFETY EXIST (SUCH AS SEVERE, ADVERSE, LIFE THREATENING WEATHER CONDI-
TIONS) THAT DO NOT ALLOW FOR REASONABLY SAFE TRAVEL, IN WHICH CASE THE
TIME FOR AN APPEARANCE MAY BE DELAYED UNTIL TWENTY-FOUR HOURS AFTER THE
TIME THAT SUCH CONDITIONS ALLOW FOR REASONABLY SAFE TRAVEL.
§ 5. This act shall take effect immediately.
PART R
Section 1. Subdivision 1 of section 359 of the executive law, as
amended by section 42 of part AA of chapter 56 of the laws of 2019, is
amended to read as follows:
1. A local director shall designate the location of the local and
branch offices of the local veterans' service agency within his or her
jurisdiction, which offices shall be open during convenient hours. The
S. 8006 53 A. 9006
cost of maintenance and operation of a county veterans' service agency
shall be a county charge and the cost of maintenance and operation of a
city veterans' service agency shall be a city charge, excepting that the
state director with the approval of the veterans' services commission
shall allot and pay, from state moneys made available to him or her for
such purposes, to each county veterans' service agency and each city
veterans' service agency, an amount equal to fifty per centum of its
expenditures for maintenance and operation approved by the state direc-
tor, provided that in no event shall the amount allotted and paid for
such approved expenditures incurred in any given year exceed (1) in the
case of any county veterans' service agency in a county having a popu-
lation of not more than one hundred thousand or in the case of any city
veterans' service agency in a city having a population of not more than
one hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, nor
(2) in the case of any county veterans' service agency in a county
having a population in excess of one hundred thousand excluding the
population of any city therein which has a city veterans' service agen-
cy, the sum of [ten] TWENTY-FIVE thousand dollars, and, in addition
thereto, the sum of five thousand dollars for each one hundred thousand,
or major portion thereof, of the population of the county in excess of
one hundred thousand excluding the population of any city therein which
has a city veterans' service agency, nor (3) in the case of any city
veterans' service agency in a city having a population in excess of one
hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, and, in
addition thereto, the sum of five thousand dollars for each one hundred
thousand, or major portion thereof, of the population of the city in
excess of one hundred thousand. Such population shall be certified in
the same manner as provided by section fifty-four of the state finance
law.
§ 2. This act shall take effect immediately and shall apply to all
expenditures made on and after April 1, 2022.
PART S
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 P of chapter 56 of the laws of 2021, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$152.00] $161.00 for each month beginning on or after
January first, two thousand [twenty-one] TWENTY-TWO.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$176.00] $186.00 for each month beginning on
or after January first, two thousand [twenty-one] TWENTY-TWO.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$210.00] $222.00 for each month
beginning on or after January first, two thousand [twenty-one] TWENTY-
TWO.
(d) for the period commencing January first, two thousand [twenty-two]
TWENTY-THREE, 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
S. 8006 54 A. 9006
living adjustment which becomes effective on or after January first, two
thousand [twenty-two] TWENTY-THREE, but prior to June thirtieth, two
thousand [twenty-two] TWENTY-THREE, rounded to the nearest whole dollar.
§ 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
P of chapter 56 of the laws of 2021, are amended to read as follows:
(a) On and after January first, two thousand [twenty-one] TWENTY-TWO,
for an eligible individual living alone, [$881.00] $928.00; and for an
eligible couple living alone, [$1,295.00] $1,365.00.
(b) On and after January first, two thousand [twenty-one] TWENTY-TWO,
for an eligible individual living with others with or without in-kind
income, [$817.00] $864.00; and for an eligible couple living with others
with or without in-kind income, [$1,237.00] $1,307.00.
(c) On and after January first, two thousand [twenty-one] TWENTY-TWO,
(i) for an eligible individual receiving family care, [$1,060.48]
$1,107.48 if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
eligible couple receiving family care in the city of New York or the
county of Nassau, Suffolk, Westchester or Rockland, two times the amount
set forth in subparagraph (i) of this paragraph; or (iii) for an eligi-
ble individual receiving such care in any other county in the state,
[$1,022.48] $1,069.48; 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 [twenty-one] TWENTY-TWO,
(i) for an eligible individual receiving residential care, [$1,229.00]
$1,276.00 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, [$1,199.00] $1,246.00; and (iv) for an eligible couple receiving
such care in any other county in the state, two times the amount set
forth in subparagraph (iii) of this paragraph.
(e) On and after January first, two thousand [twenty-one] TWENTY-TWO,
(i) for an eligible individual receiving enhanced residential care,
[$1,488.00] $1,535.00; and (ii) for an eligible couple receiving
enhanced residential care, two times the amount set forth in subpara-
graph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty-two] TWENTY-
THREE but prior to June thirtieth, two thousand [twenty-two] TWENTY-
THREE.
§ 3. This act shall take effect December 31, 2022.
PART T
Section 1. Section 4 of part W of chapter 54 of the laws of 2016, as
amended by section 1 of part M of chapter 56 of the laws of 2019, amend-
ing the social services law relating to the powers and duties of the
commissioner of social services relating to the appointment of a tempo-
rary operator, is amended to read as follows:
S. 8006 55 A. 9006
§ 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,
[2022] 2025.
§ 2. This act shall take effect immediately.
PART U
Section 1. Subdivision 4 of section 158 of the social services law, as
amended by section 44 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
4. Social services officials shall determine eligibility for safety
net assistance within [forty-five] THIRTY days of receiving an applica-
tion for safety net assistance. Such officials shall notify applicants
of safety net assistance about the availability of assistance to meet
emergency circumstances or to prevent eviction.
§ 2. Subdivision 8 of section 153 of the social services law, as
amended by chapter 41 of the laws of 1992, is amended to read as
follows:
8. Any inconsistent provision of the law or regulation of the depart-
ment notwithstanding, state reimbursement shall not be made for any
expenditure made for the duplication of any grant and allowance for any
period, except as authorized by subdivision eleven of section one
hundred thirty-one of this chapter[, or for any home relief payment made
for periods prior to forty-five days after the filing of an application
unless the district determines pursuant to department regulations that
such assistance is required to meet emergency circumstances or prevent
eviction]. Notwithstanding any other provision of law, social services
districts are not required to provide [home relief] SAFETY NET ASSIST-
ANCE to any person, otherwise eligible, if state reimbursement is not
available in accordance with this subdivision.
§ 3. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 8 of
section 131-a of the social services law, subparagraph (ii) as amended
by section 12 of part B of chapter 436 of the laws of 1997 and subpara-
graph (iii) as amended by chapter 246 of the laws of 2002, are amended
to read as follows:
(ii) FIFTY PERCENT OF THE EARNED INCOME FOR SUCH MONTH OF ANY RECIPI-
ENT;
(III) from the earned income of any [child or relative applying for or
receiving aid pursuant to such program, or of any other individual
living in the same household as such relative and child whose needs are
taken into account in making such determination, the first ninety]
APPLICANT OR RECIPIENT, ONE HUNDRED FIFTY dollars of the [total of such]
earned income for such month THAT REMAINS AFTER APPLICATION OF SUBPARA-
GRAPH (II) OF THIS PARAGRAPH;
[(iii) forty-two percent of the earned income for such month of any
recipient in a household containing a dependent child which remains
after application of all other subparagraphs of this paragraph;
provided, however, that such percentage amount shall be adjusted in June
of each year, commencing in nineteen hundred ninety-eight, to reflect
changes in the most recently issued poverty guidelines of the United
States Bureau of the Census, such that a household of three without
special needs, living in a heated apartment in New York city and without
unearned income would become ineligible for assistance with gross earn-
ings equal to the poverty level in such guidelines; provided, however,
that no assistance shall be given to any household with gross earned and
S. 8006 56 A. 9006
unearned income, exclusive of income described in subparagraphs (i) and
(vi) of this paragraph, in excess of such poverty level;]
§ 4. Subdivision 10 of section 131-a of the social services law is
REPEALED.
§ 5. Subdivision 1 of section 131-n of the social services law, as
separately amended by chapters 323 and 329 of the laws of 2019, 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-
sand FIVE HUNDRED dollars for applicants, [or] three thousand SEVEN
HUNDRED FIFTY dollars FOR APPLICANTS in [the case of] households in
which any member is sixty years of age or older OR IS DISABLED OR TEN
THOUSAND DOLLARS FOR RECIPIENTS, (b) an amount up to four thousand six
hundred fifty dollars in a separate bank account established by an indi-
vidual 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 thou-
sand 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 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 regu-
lations, (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 subdi-
vision five of section three hundred fifty-eight of this chapter and
section four hundred three of the social security act, (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, and (j) funds in a qualified
tuition program that satisfies the requirement of section 529 of the
Internal Revenue Code of 1986, as amended, and [(j)] (K) funds in a New
York achieving a better life experience savings account established in
accordance with article eighty-four of the mental hygiene law.
If federal law or regulations require the exemption or disregard of
additional income and resources in determining need for family assist-
ance, or medical assistance not exempted or disregarded pursuant to any
other provision of this chapter, the department may, by regulations
subject to the approval of the director of the budget, 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.
§ 6. This act shall take effect October 1, 2022; provided, however,
that the amendments to subdivision 1 of section 131-n of the social
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services law made by section five of this act shall not affect the expi-
ration of such section and shall be deemed to expire therewith.
PART V
Section 1. The labor law is amended by adding a new section 202-m to
read as follows:
§ 202-M. RESTRICTIONS ON EMPLOYMENT. 1. DEFINITIONS. FOR THE PURPOSES
OF THIS SECTION:
(A) "COVERED EMPLOYEE" SHALL MEAN AN EMPLOYEE EARNING LESS THAN THE
MEDIAN WAGE IN NEW YORK STATE AS DETERMINED AND PUBLISHED ON THE DEPART-
MENT'S WEBSITE BY THE COMMISSIONER ON OR BEFORE THE FIRST OF JUNE OF
EACH YEAR.
(B) "PROSPECTIVE COVERED EMPLOYEE" SHALL MEAN AN APPLICANT OR JOB
CANDIDATE FOR EMPLOYMENT FOR A JOB EARNING LESS THAN THE MEDIAN WAGE IN
NEW YORK STATE AS DETERMINED AND PUBLISHED BY THE COMMISSIONER.
(C) "NON-COMPETE AGREEMENT" SHALL MEAN AN AGREEMENT OR CONTRACT THAT
PROHIBITS, DISCOURAGES, OR OTHERWISE RESTRICTS AN EMPLOYEE FROM OBTAIN-
ING EMPLOYMENT IN ANY SPECIFIED GEOGRAPHIC AREA, FOR A SPECIFIC PERIOD
OF TIME, OR WITH ANY PARTICULAR EMPLOYER OR IN ANY PARTICULAR INDUSTRY.
(D) "EMPLOYEE" MEANS ANY PERSON EMPLOYED FOR HIRE BY AN EMPLOYER IN
ANY EMPLOYMENT.
(E) "EMPLOYER" INCLUDES ANY PERSON, CORPORATION, LIMITED LIABILITY
COMPANY, OR ASSOCIATION EMPLOYING ANY INDIVIDUAL IN ANY OCCUPATION,
INDUSTRY, TRADE, BUSINESS OR SERVICE. THE TERM "EMPLOYER" SHALL NOT
INCLUDE A GOVERNMENTAL AGENCY.
2. PROHIBITED NON-COMPETE AGREEMENTS. NO EMPLOYER SHALL SEEK, DEMAND,
REQUIRE, OR ACCEPT A NON-COMPETE AGREEMENT WITH A COVERED EMPLOYEE OR A
PROSPECTIVE COVERED EMPLOYEE.
3. LIMITATIONS ON PERMISSIBLE NON-COMPETE AGREEMENTS. FOR ALL EMPLOY-
EES OTHER THAN COVERED EMPLOYEES, NO EMPLOYER SHALL SEEK, REQUIRE,
DEMAND OR ACCEPT A NON-COMPETE AGREEMENT FROM ANY EMPLOYEE UNLESS THE
NON-COMPETE AGREEMENT MEETS THE FOLLOWING REQUIREMENTS:
(A) BE STRICTLY LIMITED TO BE NO MORE EXPANSIVE THAN AS REQUIRED FOR
THE PROTECTION OF THE LEGITIMATE INTEREST OF THE EMPLOYER;
(B) NOT IMPOSE UNDUE HARDSHIP ON THE EMPLOYEE;
(C) NOT BE INJURIOUS TO THE PUBLIC;
(D) BE DISCLOSED IN A WRITTEN OFFER OF EMPLOYMENT OR IN A WRITTEN
OFFER OF A PROMOTION AT LEAST TEN DAYS BEFORE THE EFFECTIVE DATE OF SUCH
EMPLOYMENT OR PROMOTION;
(E) BE WRITTEN IN THE PRIMARY LANGUAGE IDENTIFIED BY THE EMPLOYEE;
(F) BE WRITTEN AT A READING COMPREHENSION LEVEL NOT EXCEEDING THAT OF
THE EMPLOYEE;
(G) NOT CONTAIN A TERM OF MORE THAN ONE YEAR AFTER THE EMPLOYMENT HAS
ENDED;
(H) NOT REQUIRE THAT AN EMPLOYEE ADJUDICATE, INCLUDING LITIGATION OR
ARBITRATION, OUTSIDE OF THE STATE OF NEW YORK A CLAIM ARISING IN THE
STATE OF NEW YORK;
(I) BE MAINTAINED BY THE EMPLOYER FOR A PERIOD OF NOT LESS THAN SIX
YEARS FROM THE END OF THE AGREEMENT;
(J) BE VOIDABLE, AT THE OPTION OF THE EMPLOYEE, IF THE EMPLOYER CANNOT
DEMONSTRATE A CONTINUED WILLINGNESS TO EMPLOY THE EMPLOYEE; AND
(K) NOT DEPRIVE AN EMPLOYEE OF THE SUBSTANTIVE PROTECTION OF NEW YORK
LAW WITH RESPECT TO A CONTROVERSY ARISING IN THE STATE OF NEW YORK.
4. THIS SECTION SHALL NOT APPLY TO:
(A) THE ENFORCEMENT OF COVENANTS NOT TO DISCLOSE TRADE SECRETS;
S. 8006 58 A. 9006
(B) EMPLOYEES COVERED UNDER SECTION TWO HUNDRED TWO-K OF THIS ARTICLE;
AND
(C) AGREEMENTS BETWEEN BONA FIDE OWNERS OR PARTNERS OF A BUSINESS.
5. UPON THE REQUEST OF THE COMMISSIONER OR HIS OR HER DESIGNEE, ANY
CONTRACT OR AGREEMENT DESCRIBED IN THIS SECTION SHALL BE OPEN FOR
INSPECTION AND COPIES OF WHICH SHALL BE PROVIDED BY THE EMPLOYER TO THE
COMMISSIONER PROMPTLY UPON SUCH REQUEST.
6. ANY PERSON WHO VIOLATES THIS SECTION SHALL BE CIVILLY LIABLE TO A
COVERED EMPLOYEE FOR DAMAGES, ATTORNEY'S FEES, AND COSTS. ANY PROVISION
OF A CONTRACT THAT VIOLATES SUBDIVISION ONE, TWO, OR THREE OF THIS
SECTION SHALL BE VOIDABLE BY THE EMPLOYEE, AND IF A PROVISION IS
RENDERED VOID AT THE REQUEST OF THE EMPLOYEE, ANY MATTERS ARISING THERE-
FROM SHALL BE ADJUDICATED IN THE STATE OF NEW YORK AND NEW YORK LAW
SHALL GOVERN THE DISPUTE.
§ 2. The opening paragraph of subdivision 1 of section 218 of the
labor law, as amended by chapter 2 of the laws of 2015, is amended to
read as follows:
If the commissioner determines that an employer has violated a
provision of article six (payment of wages), article nineteen (minimum
wage act), article nineteen-A (minimum wage standards and protective
labor practices for farm workers), SECTION TWO HUNDRED TWO-M
(RESTRICTIONS ON EMPLOYMENT), section two hundred twelve-a, section two
hundred twelve-b, section one hundred sixty-one (day of rest) or section
one hundred sixty-two (meal periods) of this chapter, or a rule or regu-
lation promulgated thereunder, the commissioner shall issue to the
employer an order directing compliance therewith, which shall describe
particularly the nature of the alleged violation. A copy of such order
shall be provided to any employee who has filed a complaint and any
authorized representative of him or her. In addition to directing
payment of wages, benefits or wage supplements found to be due, and
liquidated damages in the amount of one hundred percent of unpaid wages,
such order, if issued to an employer who previously has been found in
violation of those provisions, rules or regulations, or to an employer
whose violation is willful or egregious, shall direct payment to the
commissioner of an additional sum as a civil penalty in an amount not to
exceed double the total amount of wages, benefits, or wage supplements
found to be due. In no case shall the order direct payment of an amount
less than the total wages, benefits or wage supplements found by the
commissioner to be due, plus the liquidated damages in the amount of one
hundred percent of unpaid wages, the appropriate civil penalty, and
interest at the rate of interest then in effect, as prescribed by the
superintendent of financial services pursuant to section fourteen-a of
the banking law per annum from the date of the underpayment to the date
of the payment. Where the violation is for a reason other than the
employer's failure to pay wages, benefits or wage supplements found to
be due, the order shall direct payment to the commissioner of a civil
penalty in an amount not to exceed one thousand dollars for a first
violation, two thousand dollars for a second violation or three thousand
dollars for a third or subsequent violation. In assessing the amount of
the penalty, the commissioner shall give due consideration to the size
of the employer's business, the good faith basis of the employer to
believe that its conduct was in compliance with the law, the gravity of
the violation, the history of previous violations and, in the case of
wages, benefits or supplements violations, the failure to comply with
recordkeeping or other non-wage requirements.
S. 8006 59 A. 9006
§ 3. Subdivision 1 of section 219 of the labor law, as amended by
chapter 564 of the laws of 2010, the opening paragraph as further
amended by part A of section 104 of chapter 62 of the laws of 2011, is
amended to read as follows:
1. If the commissioner determines that an employer has failed to pay
wages, benefits or wage supplements required pursuant to article six
(payment of wages), SECTION TWO HUNDRED TWO-M (RESTRICTIONS ON EMPLOY-
MENT), article nineteen (minimum wage act) or article nineteen-A (mini-
mum wage standards and protective labor practices for farm workers) of
this chapter, or a rule or regulation promulgated thereunder, the
commissioner shall issue to the employer an order directing compliance
therewith, which shall describe particularly the nature of the alleged
violation. A copy of such order shall be provided to any employee who
has filed a complaint and to his or her authorized representative. Such
order shall direct payment of wages or supplements found to be due,
liquidated damages in the amount of one hundred percent of unpaid wages,
and interest at the rate of interest then in effect as prescribed by the
superintendent of financial services pursuant to section fourteen-a of
the banking law per annum from the date of the underpayment to the date
of the payment.
At the discretion of the commissioner, the commissioner shall have
full authority to provide for inclusion of an automatic fifteen percent
additional amount of damages to come due and owing upon expiration of
ninety days from an order to comply becoming final. The commissioner
shall provide written notice to the employer in the order to comply of
this additional damage.
§ 4. Section 340 of the general business law is amended by adding a
new subdivision 7 to read as follows:
7. NO EMPLOYER SHALL ENTER INTO A RESTRICTIVE EMPLOYMENT AGREEMENT
THAT PROHIBITS OR RESTRICTS ANY EMPLOYER'S ABILITY TO SOLICIT OR HIRE
ANOTHER EMPLOYER'S CURRENT OR FORMER EMPLOYEES. IT SHALL BE UNLAWFUL FOR
ANY ENTITY TO ENTER INTO SUCH A RESTRICTIVE EMPLOYMENT AGREEMENT OR TO
ENFORCE OR THREATEN TO ENFORCE SUCH A RESTRICTIVE EMPLOYMENT AGREEMENT.
FOR PURPOSES OF THIS SUBDIVISION, THE TERMS "EMPLOYER" AND "EMPLOYEE"
SHALL HAVE THE SAME MEANINGS AS DEFINED PURSUANT TO SECTION TWO OF THE
LABOR LAW.
§ 5. 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.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART W
Section 1. Subdivision 1 of section 198-a of the labor law, as amended
by chapter 564 of the laws of 2010, is amended to read as follows:
1. Every employer who does not pay the wages of all of his employees
in accordance with the provisions of this chapter, and the officers and
agents of any corporation, partnership, or limited liability company who
knowingly permit the corporation, partnership, or limited liability
S. 8006 60 A. 9006
company to violate this chapter by failing to pay the wages of any of
its employees in accordance with the provisions thereof, shall be guilty
[of a misdemeanor for the first offense and upon conviction therefor
shall be fined not less than five hundred nor more than twenty thousand
dollars or imprisoned for not more than one year, and, in the event that
any second or subsequent offense occurs within six years of the date of
conviction for a prior offense, shall be guilty of a felony for the
second or subsequent offense, and upon conviction therefor, shall be
fined not less than five hundred nor more than twenty thousand dollars
or imprisoned for not more than one year plus one day, or punished by
both such fine and imprisonment, for each such offense. An indictment of
a person or corporation operating a steam surface railroad for an
offense specified in this section may be found and tried in any county
within the state in which such railroad ran at the time of such
offense], EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER OR IN THE PENAL
LAW, OF A CLASS A MISDEMEANOR FOR FAILURE TO PAY A SINGLE EMPLOYEE LESS
THAN ONE THOUSAND DOLLARS OR LESS THAN TWENTY-FIVE THOUSAND DOLLARS TO
MORE THAN ONE EMPLOYEE; OF A CLASS E FELONY FOR FAILURE TO PAY A SINGLE
EMPLOYEE GREATER THAN ONE THOUSAND DOLLARS OR GREATER THAN TWENTY-FIVE
THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; OF A CLASS D FELONY FOR
FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN THREE THOUSAND DOLLARS OR
ONE HUNDRED THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; AND A CLASS C
FELONY FOR FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN FIFTY THOUSAND
DOLLARS OR GREATER THAN FIVE HUNDRED THOUSAND DOLLARS TO MORE THAN ONE
EMPLOYEE. FURTHER, A COURT MAY ORDER RESTITUTION OF WAGES IN THE AMOUNT
OF THE UNDERPAYMENT AND TOGETHER WITH SUCH AMOUNTS PROVIDED FOR BY
SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER.
§ 2. Section 213 of the labor law, as amended by chapter 729 of the
laws of 1980, is amended to read as follows:
§ 213. Violations of provisions of labor law; the rules, regulations
or orders of the [industrial] commissioner and the [industrial] board
[of appeals]. Any person who violates or does not comply with any
provision of the labor law, any rule, regulation or lawful order of the
[industrial] commissioner or the [industrial] board [of appeals], and
the officers and agents of any corporation who knowingly permit the
corporation to violate such provisions, are guilty of a CLASS A misde-
meanor and upon conviction shall be punished, [except as in this chapter
or in the penal law otherwise provided, for a first offense by a fine of
not more than one hundred dollars, provided, however, that if the first
offense is a violation of a rule or provision for the protection of the
safety or health of employees or persons lawfully frequenting a place to
which this chapter applies, the punishment shall be a fine of not more
than one hundred dollars or by imprisonment for not more than fifteen
days or by both such fine and imprisonment;] IN ACCORDANCE WITH THE
PENAL LAW AND, for a second [offense by a fine of not less than one
hundred nor more than five hundred dollars, or by imprisonment for not
more than thirty days or by both such fine and imprisonment; for a
second offense by a fine of not less than three hundred dollars, or by
imprisonment for not more than sixty days, or by both such fine and
imprisonment] OR SUBSEQUENT OFFENSE COMMITTED WITHIN SIX YEARS OF THE
DATE OF CONVICTION OF PRIOR OFFENSE, ARE GUILTY OF A CLASS E FELONY AND
UPON CONVICTION SHALL BE PUNISHED IN ACCORDANCE WITH THE PENAL LAW. This
section shall not apply to any person covered by section twenty-seven-a
of this chapter.
§ 3. This act shall take effect immediately.
S. 8006 61 A. 9006
PART X
Section 1. Subdivision 1 of section 296 of the executive law, as
amended by chapter 365 of the laws of 2015, paragraphs (a), (b), (c) and
(d) as amended by chapter 8 of the laws of 2019, paragraph (h) as
amended by chapter 161 of the laws of 2019, paragraph (a) as separately
amended by chapter 176 of the laws of 2019, is amended to read as
follows:
1. It shall be an unlawful discriminatory practice:
(a) For an employer or licensing agency, because of an individual's
age, race, creed, color, national origin, sexual orientation, gender
identity or expression, military status, sex, disability, predisposing
genetic characteristics, familial status, marital status, or status as a
victim of domestic violence, to refuse to hire or employ or to bar or to
discharge from employment such individual or to discriminate against
such individual in compensation or in terms, conditions or privileges of
employment.
(b) For an employment agency to discriminate against any individual
because of age, race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, disability, predis-
posing genetic characteristics, familial status, [or] marital status, OR
STATUS AS A VICTIM OF DOMESTIC VIOLENCE, in receiving, classifying,
disposing or otherwise acting upon applications for its services or in
referring an applicant or applicants to an employer or employers.
(c) For a labor organization, because of the age, race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, sex, disability, predisposing genetic characteristics,
familial status, [or] marital status, OR STATUS AS A VICTIM OF DOMESTIC
VIOLENCE, of any individual, to exclude or to expel from its membership
such individual or to discriminate in any way against any of its members
or against any employer or any individual employed by an employer.
(d) For any employer or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make any
inquiry in connection with prospective employment, which expresses
directly or indirectly, any limitation, specification or discrimination
as to age, race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, disability, predis-
posing genetic characteristics, familial status, [or] marital status, OR
STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or any intent to make any such
limitation, specification or discrimination, unless based upon a bona
fide occupational qualification; provided, however, that neither this
paragraph nor any provision of this chapter or other law shall be
construed to prohibit the department of civil service or the department
of personnel of any city containing more than one county from requesting
information from applicants for civil service examinations concerning
any of the aforementioned characteristics, other than sexual orien-
tation, for the purpose of conducting studies to identify and resolve
possible problems in recruitment and testing of members of minority
groups to insure the fairest possible and equal opportunities for
employment in the civil service for all persons, regardless of age,
race, creed, color, national origin, sexual orientation or gender iden-
tity or expression, military status, sex, disability, predisposing
genetic characteristics, familial status, or marital status.
(e) For any employer, labor organization or employment agency to
discharge, expel or otherwise discriminate against any person because he
S. 8006 62 A. 9006
or she has opposed any practices forbidden under this article or because
he or she has filed a complaint, testified or assisted in any proceeding
under this article.
(f) Nothing in this subdivision shall affect any restrictions upon the
activities of persons licensed by the state liquor authority with
respect to persons under twenty-one years of age.
(g) For an employer to compel an employee who is pregnant to take a
leave of absence, unless the employee is prevented by such pregnancy
from performing the activities involved in the job or occupation in a
reasonable manner.
(h) For an employer, licensing agency, employment agency or labor
organization to subject any individual to harassment because of an indi-
vidual's age, race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, disability, predis-
posing genetic characteristics, familial status, marital status, STATUS
AS A VICTIM OF domestic violence [victim status], or because the indi-
vidual has opposed any practices forbidden under this article or because
the individual has filed a complaint, testified or assisted in any
proceeding under this article, regardless of whether such harassment
would be considered severe or pervasive under precedent applied to
harassment claims. Such harassment is an unlawful discriminatory prac-
tice when it subjects an individual to inferior terms, conditions or
privileges of employment because of the individual's membership in one
or more of these protected categories. The fact that such individual did
not make a complaint about the harassment to such employer, licensing
agency, employment agency or labor organization shall not be determina-
tive of whether such employer, licensing agency, employment agency or
labor organization shall be liable. Nothing in this section shall imply
that an employee must demonstrate the existence of an individual to whom
the employee's treatment must be compared. It shall be an affirmative
defense to liability under this subdivision that the harassing conduct
does not rise above the level of what a reasonable victim of discrimi-
nation with the same protected characteristic or characteristics would
consider petty slights or trivial inconveniences.
§ 2. Subdivision 1-a of section 296 of the executive law, as amended
by chapter 365 of the laws of 2015, paragraphs (b), (c) and (d) as
amended by chapter 8 of the laws of 2019, is amended to read as follows:
1-a. It shall be an unlawful discriminatory practice for an employer,
labor organization, employment agency or any joint labor-management
committee controlling apprentice training programs:
(a) To select persons for an apprentice training program registered
with the state of New York on any basis other than their qualifications,
as determined by objective criteria which permit review;
(b) To deny to or withhold from any person because of race, creed,
color, national origin, sexual orientation, gender identity or
expression, military status, sex, age, disability, familial status, [or]
marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, the right to
be admitted to or participate in a guidance program, an apprenticeship
training program, on-the-job training program, executive training
program, or other occupational training or retraining program;
(c) To discriminate against any person in his or her pursuit of such
programs or to discriminate against such a person in the terms, condi-
tions or privileges of such programs because of race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, sex, age, disability, familial status [or], marital
status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE;
S. 8006 63 A. 9006
(d) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for such programs or to make any inquiry in connection with such
program which expresses, directly or indirectly, any limitation, spec-
ification or discrimination as to race, creed, color, national origin,
sexual orientation, gender identity or expression, military status, sex,
age, disability, familial status [or], marital status, OR STATUS AS A
VICTIM OF DOMESTIC VIOLENCE, or any intention to make any such limita-
tion, specification or discrimination, unless based on a bona fide occu-
pational qualification.
§ 3. Paragraph (a) of subdivision 2 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(a) It shall be an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager, superintendent, agent or
employee of any place of public accommodation, resort or amusement,
because of the race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, disability [or],
marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, of any
person, directly or indirectly, to refuse, withhold from or deny to such
person any of the accommodations, advantages, facilities or privileges
thereof, including the extension of credit, or, directly or indirectly,
to publish, circulate, issue, display, post or mail any written or
printed communication, notice or advertisement, to the effect that any
of the accommodations, advantages, facilities and privileges of any such
place shall be refused, withheld from or denied to any person on account
of race, creed, color, national origin, sexual orientation, gender iden-
tity or expression, military status, sex, disability or marital status,
or that the patronage or custom thereat of any person of or purporting
to be of any particular race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, sex or
marital status, or having a disability is unwelcome, objectionable or
not acceptable, desired or solicited.
§ 4. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, as amended by section 3 of part T of chapter
56 of the laws of 2019, are amended to read as follows:
(a) To refuse to sell, rent or lease or otherwise to deny to or with-
hold from any person or group of persons such housing accommodations
because of the race, creed, color, disability, national origin, sexual
orientation, gender identity or expression, military status, age, sex,
marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source
of income or familial status of such person or persons, or to represent
that any housing accommodation or land is not available for inspection,
sale, rental or lease when in fact it is so available.
(b) To discriminate against any person because of his or her race,
creed, color, disability, national origin, sexual orientation, gender
identity or expression, military status, age, sex, marital status,
STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source of income or
familial status in the terms, conditions or privileges of any publicly-
assisted housing accommodations or in the furnishing of facilities or
services in connection therewith.
(c) To cause to be made any written or oral inquiry or record concern-
ing the race, creed, color, disability, national origin, sexual orien-
tation, gender identity or expression, membership in the reserve armed
forces of the United States or in the organized militia of the state,
age, sex, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE,
S. 8006 64 A. 9006
lawful source of income or familial status of a person seeking to rent
or lease any publicly-assisted housing accommodation; provided, however,
that nothing in this subdivision shall prohibit a member of the reserve
armed forces of the United States or in the organized militia of the
state from voluntarily disclosing such membership.
(c-1) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful
source of income or familial status, or any intent to make any such
limitation, specification or discrimination.
§ 5. Subdivisions 3-b and 4 of section 296 of the executive law, as
amended by chapter 8 of the laws of 2019, subdivision 4 as separately
amended by chapter 116 of the laws of 2019, are amended to read as
follows:
3-b. It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof or
any other individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such person
or any of its stockholders or members may benefit financially, to repre-
sent that a change has occurred or will or may occur in the composition
with respect to race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, disability, marital
status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or familial status of
the owners or occupants in the block, neighborhood or area in which the
real property is located, and to represent, directly or indirectly, that
this change will or may result in undesirable consequences in the block,
neighborhood or area in which the real property is located, including
but not limited to the lowering of property values, an increase in crim-
inal or anti-social behavior, or a decline in the quality of schools or
other facilities.
4. It shall be an unlawful discriminatory practice for an educational
institution to deny the use of its facilities to any person otherwise
qualified, or to permit the harassment of any student or applicant, by
reason of his race, color, religion, disability, national origin, sexual
orientation, gender identity or expression, military status, sex, age
[or], marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, except
that any such institution which establishes or maintains a policy of
educating persons of one sex exclusively may admit students of only one
sex.
§ 6. Subdivision 5 of section 296 of the executive law, as amended by
chapter 8 of the laws of 2019, paragraph (a) as amended by chapter 300
of the laws of 2021, subparagraphs 1 and 2 of paragraph (c) as amended
by section 5 and paragraph (d) as amended by section 6 of part T of
chapter 56 of the laws of 2019, is amended to read as follows:
5. (a) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, assignee, or managing agent of, or other person
having the right to sell, rent or lease a housing accommodation,
constructed or to be constructed, or any agent or employee thereof:
(1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
S. 8006 65 A. 9006
of the race, creed, color, national origin, sexual orientation, gender
identity or expression, military status, sex, age, disability, marital
status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source of income
or familial status of such person or persons, or to represent that any
housing accommodation or land is not available for inspection, sale,
rental or lease when in fact it is so available.
(2) To discriminate against any person because of race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, STATUS AS A
VICTIM OF DOMESTIC VIOLENCE, lawful source of income or familial status
in the terms, conditions or privileges of the sale, rental or lease of
any such housing accommodation or in the furnishing of facilities or
services in connection therewith.
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful
source of income or familial status, or any intent to make any such
limitation, specification or discrimination.
(4) (i) The provisions of subparagraphs one and two of this paragraph
shall not apply (1) to the rental of a housing accommodation in a build-
ing which contains housing accommodations for not more than two families
living independently of each other, if the owner resides in one of such
housing accommodations, (2) to the restriction of the rental of all
rooms in a housing accommodation to individuals of the same sex or (3)
to the rental of a room or rooms in a housing accommodation, if such
rental is by the occupant of the housing accommodation or by the owner
of the housing accommodation and the owner resides in such housing
accommodation or (4) solely with respect to age and familial status to
the restriction of the sale, rental or lease of housing accommodations
exclusively to persons sixty-two years of age or older and the spouse of
any such person, or for housing intended and operated for occupancy by
at least one person fifty-five years of age or older per unit. In deter-
mining whether housing is intended and operated for occupancy by persons
fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
apply. However, such rental property shall no longer be exempt from the
provisions of subparagraphs one and two of this paragraph if there is
unlawful discriminatory conduct pursuant to subparagraph three of this
paragraph.
(ii) The provisions of subparagraphs one, two, and three of this para-
graph shall not apply (1) to the restriction of the rental of all rooms
in a housing accommodation to individuals of the same sex, (2) to the
rental of a room or rooms in a housing accommodation, if such rental is
by the occupant of the housing accommodation or by the owner of the
housing accommodation and the owner resides in such housing accommo-
dation, or (3) solely with respect to age and familial status to the
restriction of the sale, rental or lease of housing accommodations
exclusively to persons sixty-two years of age or older and the spouse of
any such person, or for housing intended and operated for occupancy by
at least one person fifty-five years of age or older per unit. In deter-
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mining whether housing is intended and operated for occupancy by persons
fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
apply.
(b) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, or managing agent of, or other person having the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
(1) To refuse to sell, rent, lease or otherwise deny to or withhold
from any person or group of persons land or commercial space because of
the race, creed, color, national origin, sexual orientation, gender
identity or expression, military status, sex, age, disability, marital
status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or familial status of
such person or persons, or to represent that any housing accommodation
or land is not available for inspection, sale, rental or lease when in
fact it is so available;
(2) To discriminate against any person because of race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, STATUS AS A
VICTIM OF DOMESTIC VIOLENCE, or familial status in the terms, conditions
or privileges of the sale, rental or lease of any such land or commer-
cial space; or in the furnishing of facilities or services in connection
therewith;
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such land or commercial space
or to make any record or inquiry in connection with the prospective
purchase, rental or lease of such land or commercial space which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or
familial status; or any intent to make any such limitation, specifica-
tion or discrimination.
(4) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of land or commercial space exclusively to persons fifty-five
years of age or older and the spouse of any such person, or to the
restriction of the sale, rental or lease of land to be used for the
construction, or location of housing accommodations exclusively for
persons sixty-two years of age or older, or intended and operated for
occupancy by at least one person fifty-five years of age or older per
unit. In determining whether housing is intended and operated for occu-
pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
(42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
amended, shall apply.
(c) It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof:
(1) To refuse to sell, rent or lease any housing accommodation, land
or commercial space to any person or group of persons or to refuse to
negotiate for the sale, rental or lease, of any housing accommodation,
land or commercial space to any person or group of persons because of
the race, creed, color, national origin, sexual orientation, gender
identity or expression, military status, sex, age, disability, marital
status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source of income
or familial status of such person or persons, or to represent that any
S. 8006 67 A. 9006
housing accommodation, land or commercial space is not available for
inspection, sale, rental or lease when in fact it is so available, or
otherwise to deny or withhold any housing accommodation, land or commer-
cial space or any facilities of any housing accommodation, land or
commercial space from any person or group of persons because of the
race, creed, color, national origin, sexual orientation, gender identity
or expression, military status, sex, age, disability, marital status,
lawful source of income or familial status of such person or persons.
(2) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of any housing accommodation,
land or commercial space or to make any record or inquiry in connection
with the prospective purchase, rental or lease of any housing accommo-
dation, land or commercial space which expresses, directly or indirect-
ly, any limitation, specification, or discrimination as to race, creed,
color, national origin, sexual orientation, gender identity or
expression, military status, sex, age, disability, marital status,
STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source of income or
familial status; or any intent to make any such limitation, specifica-
tion or discrimination.
(3) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of any housing accommodation, land or commercial space exclusively
to persons fifty-five years of age or older and the spouse of any such
person, or to the restriction of the sale, rental or lease of any hous-
ing accommodation or land to be used for the construction or location of
housing accommodations for persons sixty-two years of age or older, or
intended and operated for occupancy by at least one person fifty-five
years of age or older per unit. In determining whether housing is
intended and operated for occupancy by persons fifty-five years of age
or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
(d) It shall be an unlawful discriminatory practice for any real
estate board, because of the race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, age, sex,
disability, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE,
lawful source of income or familial status of any individual who is
otherwise qualified for membership, to exclude or expel such individual
from membership, or to discriminate against such individual in the
terms, conditions and privileges of membership in such board.
(e) It shall be an unlawful discriminatory practice for the owner,
proprietor or managing agent of, or other person having the right to
provide care and services in, a private proprietary nursing home, conva-
lescent home, or home for adults, or an intermediate care facility, as
defined in section two of the social services law, heretofore
constructed, or to be constructed, or any agent or employee thereof, to
refuse to provide services and care in such home or facility to any
individual or to discriminate against any individual in the terms,
conditions, and privileges of such services and care solely because such
individual is a blind person. For purposes of this paragraph, a "blind
person" shall mean a person who is registered as a blind person with the
commission for the visually handicapped and who meets the definition of
a "blind person" pursuant to section three of chapter four hundred
fifteen of the laws of nineteen hundred thirteen entitled "An act to
establish a state commission for improving the condition of the blind of
the state of New York, and making an appropriation therefor".
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(f) The provisions of this subdivision, as they relate to age, shall
not apply to persons under the age of eighteen years.
(g) It shall be an unlawful discriminatory practice for any person
offering or providing housing accommodations, land or commercial space
as described in paragraphs (a), (b), and (c) of this subdivision to make
or cause to be made any written or oral inquiry or record concerning
membership of any person in the state organized militia in relation to
the purchase, rental or lease of such housing accommodation, land, or
commercial space, provided, however, that nothing in this subdivision
shall prohibit a member of the state organized militia from voluntarily
disclosing such membership.
§ 7. Paragraph (a) of subdivision 9 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(a) It shall be an unlawful discriminatory practice for any fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power of appointment of volunteer firefighters, directly or indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement among its members, or otherwise, to deny to any individual
membership in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire depart-
ment or fire company therein, because of the race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, sex, marital status, STATUS AS A VICTIM OF DOMESTIC
VIOLENCE, or familial status, of such individual.
§ 8. Subdivision 13 of section 296 of the executive law, as amended by
chapter 8 of the laws of 2019, is amended to read as follows:
13. It shall be an unlawful discriminatory practice (i) for any person
to boycott or blacklist, or to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, sexual orientation, gender identity or
expression, military status, sex, STATUS AS A VICTIM OF DOMESTIC
VIOLENCE, disability, or familial status, or of such person, or of such
person's partners, members, stockholders, directors, officers, managers,
superintendents, agents, employees, business associates, suppliers or
customers, or (ii) for any person wilfully to do any act or refrain from
doing any act which enables any such person to take such action. This
subdivision shall not apply to:
(a) Boycotts connected with labor disputes; or
(b) Boycotts to protest unlawful discriminatory practices.
§ 9. Subdivisions 1, 2 and 3 of section 296-a of the executive law, as
amended by chapter 8 of the laws of 2019, are amended to read as
follows:
1. It shall be an unlawful discriminatory practice for any creditor or
any officer, agent or employee thereof:
a. In the case of applications for credit with respect to the
purchase, acquisition, construction, rehabilitation, repair or mainte-
nance of any housing accommodation, land or commercial space to discrim-
inate against any such applicant because of the race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, age, sex, marital status, STATUS AS A VICTIM OF DOMES-
TIC VIOLENCE, disability, or familial status of such applicant or appli-
cants or any member, stockholder, director, officer or employee of such
applicant or applicants, or of the prospective occupants or tenants of
such housing accommodation, land or commercial space, in the granting,
S. 8006 69 A. 9006
withholding, extending or renewing, or in the fixing of the rates, terms
or conditions of, any such credit;
b. To discriminate in the granting, withholding, extending or renew-
ing, or in the fixing of the rates, terms or conditions of, any form of
credit, on the basis of race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, age, sex,
marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, disability, or
familial status;
c. To use any form of application for credit or use or make any record
or inquiry which expresses, directly or indirectly, any limitation,
specification, or discrimination as to race, creed, color, national
origin, sexual orientation, gender identity or expression, military
status, age, sex, marital status, STATUS AS A VICTIM OF DOMESTIC
VIOLENCE, disability, or familial status;
d. To make any inquiry of an applicant concerning his or her capacity
to reproduce, or his or her use or advocacy of any form of birth control
or family planning;
e. To refuse to consider sources of an applicant's income or to
subject an applicant's income to discounting, in whole or in part,
because of an applicant's race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, age, sex,
marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, childbearing
potential, disability, or familial status;
f. To discriminate against a married person because such person
neither uses nor is known by the surname of his or her spouse.
This paragraph shall not apply to any situation where the use of a
surname would constitute or result in a criminal act.
2. Without limiting the generality of subdivision one of this section,
it shall be considered discriminatory if, because of an applicant's or
class of applicants' race, creed, color, national origin, sexual orien-
tation, gender identity or expression, military status, age, sex, mari-
tal status [or] , STATUS AS A VICTIM OF DOMESTIC VIOLENCE, disability,
or familial status, (i) an applicant or class of applicants is denied
credit in circumstances where other applicants of like overall credit
worthiness are granted credit, or (ii) special requirements or condi-
tions, such as requiring co-obligors or reapplication upon marriage, are
imposed upon an applicant or class of applicants in circumstances where
similar requirements or conditions are not imposed upon other applicants
of like overall credit worthiness.
3. It shall not be considered discriminatory if credit differen-
tiations or decisions are based upon factually supportable, objective
differences in applicants' overall credit worthiness, which may include
reference to such factors as current income, assets and prior credit
history of such applicants, as well as reference to any other relevant
factually supportable data; provided, however, that no creditor shall
consider, in evaluating the credit worthiness of an applicant, aggregate
statistics or assumptions relating to race, creed, color, national
origin, sexual orientation, gender identity or expression, military
status, sex, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE or
disability, or to the likelihood of any group of persons bearing or
rearing children, or for that reason receiving diminished or interrupted
income in the future.
§ 10. Subdivision 2 of section 296-c of the executive law, as added by
chapter 97 of the laws of 2014, is amended to read as follows:
2. It shall be an unlawful discriminatory practice for an employer to:
S. 8006 70 A. 9006
a. refuse to hire or employ or to bar or to discharge from internship
an intern or to discriminate against such intern in terms, conditions or
privileges of employment as an intern because of the intern's age, race,
creed, color, national origin, sexual orientation, military status, sex,
disability, predisposing genetic characteristics, marital status, or
STATUS AS A VICTIM OF domestic violence [victim status];
b. discriminate against an intern in receiving, classifying, disposing
or otherwise acting upon applications for internships because of the
intern's age, race, creed, color, national origin, sexual orientation,
military status, sex, disability, predisposing genetic characteristics,
marital status, or STATUS AS A VICTIM OF domestic violence [victim
status];
c. print or circulate or cause to be printed or circulated any state-
ment, advertisement or publication, or to use any form of application
for employment as an intern or to make any inquiry in connection with
prospective employment, which expresses directly or indirectly, any
limitation, specification or discrimination as to age, race, creed,
color, national origin, sexual orientation, military status, sex, disa-
bility, predisposing genetic characteristics, marital status or STATUS
AS A VICTIM OF domestic violence [victim status], or any intent to make
any such limitation, specification or discrimination, unless based upon
a bona fide occupational qualification; provided, however, that neither
this paragraph nor any provision of this chapter or other law shall be
construed to prohibit the department of civil service or the department
of personnel of any city containing more than one county from requesting
information from applicants for civil service internships or examina-
tions concerning any of the aforementioned characteristics, other than
sexual orientation, for the purpose of conducting studies to identify
and resolve possible problems in recruitment and testing of members of
minority groups to insure the fairest possible and equal opportunities
for employment in the civil service for all persons, regardless of age,
race, creed, color, national origin, sexual orientation, military
status, sex, disability, predisposing genetic characteristics, marital
status or STATUS AS A VICTIM OF domestic violence [victim status];
d. to discharge, expel or otherwise discriminate against any person
because he or she has opposed any practices forbidden under this article
or because he or she has filed a complaint, testified or assisted in any
proceeding under this article; or
e. to compel an intern who is pregnant to take a leave of absence,
unless the intern is prevented by such pregnancy from performing the
activities involved in the job or occupation in a reasonable manner.
§ 11. Paragraph b of subdivision 3 of section 296-c of the executive
law, as added by chapter 97 of the laws of 2014, is amended to read as
follows:
b. subject an intern to unwelcome harassment based on age, sex, race,
creed, color, sexual orientation, military status, disability, predis-
posing genetic characteristics, marital status, STATUS AS A VICTIM OF
domestic violence [victim status], [or] national origin, OR where such
harassment has the purpose or effect of unreasonably interfering with
the intern's work performance by creating an intimidating, hostile, or
offensive working environment.
§ 12. This act shall take effect immediately.
PART Y
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Section 1. Subdivision 37 of section 292 of the executive law, as
added by chapter 160 of the laws of 2019, is renumbered subdivision 40
and a new subdivision 41 is added to read as follows:
41. THE TERM "CITIZENSHIP OR IMMIGRATION STATUS" MEANS THE CITIZENSHIP
OF ANY PERSON OR THE IMMIGRATION STATUS OF ANY PERSON WHO IS NOT A CITI-
ZEN OF THE UNITED STATES. NOTHING IN THIS ARTICLE SHALL PRECLUDE VERIFI-
CATION OF CITIZENSHIP OR IMMIGRATION STATUS WHERE REQUIRED BY LAW, NOR
SHALL AN ADVERSE ACTION BASED ON VERIFICATION OF CITIZENSHIP OR IMMI-
GRATION STATUS BE PROHIBITED WHERE SUCH ADVERSE ACTION IS REQUIRED BY
LAW.
§ 2. Subdivision 1 of section 296 of the executive law, as amended by
chapter 365 of the laws of 2015, paragraph (a) as separately amended by
chapters 8 and 176 of the laws of 2019, paragraphs (b), (c) and (d) as
amended by chapter 8 of the laws of 2019 and paragraph (h) as amended by
chapter 161 of the laws of 2019, is amended to read as follows:
1. It shall be an unlawful discriminatory practice:
(a) For an employer or licensing agency, because of an individual's
age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION
STATUS, sexual orientation, gender identity or expression, military
status, sex, disability, predisposing genetic characteristics, familial
status, marital status, or status as a victim of domestic violence, to
refuse to hire or employ or to bar or to discharge from employment such
individual or to discriminate against such individual in compensation or
in terms, conditions or privileges of employment.
(b) For an employment agency to discriminate against any individual
because of age, race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, disability, predisposing genetic characteristics,
familial status, or marital status, in receiving, classifying, disposing
or otherwise acting upon applications for its services or in referring
an applicant or applicants to an employer or employers.
(c) For a labor organization, because of the age, race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, disability, predis-
posing genetic characteristics, familial status, or marital status of
any individual, to exclude or to expel from its membership such individ-
ual or to discriminate in any way against any of its members or against
any employer or any individual employed by an employer.
(d) For any employer or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make any
inquiry in connection with prospective employment, which expresses
directly or indirectly, any limitation, specification or discrimination
as to age, race, creed, color, national origin, CITIZENSHIP OR IMMI-
GRATION STATUS, sexual orientation, gender identity or expression, mili-
tary status, sex, disability, predisposing genetic characteristics,
familial status, or marital status, or any intent to make any such limi-
tation, specification or discrimination, unless based upon a bona fide
occupational qualification; provided, however, that neither this para-
graph nor any provision of this chapter or other law shall be construed
to prohibit the department of civil service or the department of person-
nel of any city containing more than one county from requesting informa-
tion from applicants for civil service examinations concerning any of
the aforementioned characteristics, other than sexual orientation, for
the purpose of conducting studies to identify and resolve possible prob-
lems in recruitment and testing of members of minority groups to insure
S. 8006 72 A. 9006
the fairest possible and equal opportunities for employment in the civil
service for all persons, regardless of age, race, creed, color, national
origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation or gender
identity or expression, military status, sex, disability, predisposing
genetic characteristics, familial status, or marital status.
(e) For any employer, labor organization or employment agency to
discharge, expel or otherwise discriminate against any person because he
or she has opposed any practices forbidden under this article or because
he or she has filed a complaint, testified or assisted in any proceeding
under this article.
(f) Nothing in this subdivision shall affect any restrictions upon the
activities of persons licensed by the state liquor authority with
respect to persons under twenty-one years of age.
(g) For an employer to compel an employee who is pregnant to take a
leave of absence, unless the employee is prevented by such pregnancy
from performing the activities involved in the job or occupation in a
reasonable manner.
(h) For an employer, licensing agency, employment agency or labor
organization to subject any individual to harassment because of an indi-
vidual's age, race, creed, color, national origin, CITIZENSHIP OR IMMI-
GRATION STATUS, sexual orientation, gender identity or expression, mili-
tary status, sex, disability, predisposing genetic characteristics,
familial status, marital status, domestic violence victim status, or
because the individual has opposed any practices forbidden under this
article or because the individual has filed a complaint, testified or
assisted in any proceeding under this article, regardless of whether
such harassment would be considered severe or pervasive under precedent
applied to harassment claims. Such harassment is an unlawful discrimina-
tory practice when it subjects an individual to inferior terms, condi-
tions or privileges of employment because of the individual's membership
in one or more of these protected categories. The fact that such indi-
vidual did not make a complaint about the harassment to such employer,
licensing agency, employment agency or labor organization shall not be
determinative of whether such employer, licensing agency, employment
agency or labor organization shall be liable. Nothing in this section
shall imply that an employee must demonstrate the existence of an indi-
vidual to whom the employee's treatment must be compared. It shall be an
affirmative defense to liability under this subdivision that the harass-
ing conduct does not rise above the level of what a reasonable victim of
discrimination with the same protected characteristic or characteristics
would consider petty slights or trivial inconveniences.
§ 3. Subdivision 1-a of section 296 of the executive law, as amended
by chapter 365 of the laws of 2015, paragraphs (b), (c) and (d) as
amended by chapter 8 of the laws of 2019, is amended to read as follows:
1-a. It shall be an unlawful discriminatory practice for an employer,
labor organization, employment agency or any joint labor-management
committee controlling apprentice training programs:
(a) To select persons for an apprentice training program registered
with the state of New York on any basis other than their qualifications,
as determined by objective criteria which permit review;
(b) To deny to or withhold from any person because of race, creed,
color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, familial status, or marital status, the right to be admitted to
or participate in a guidance program, an apprenticeship training
S. 8006 73 A. 9006
program, on-the-job training program, executive training program, or
other occupational training or retraining program;
(c) To discriminate against any person in his or her pursuit of such
programs or to discriminate against such a person in the terms, condi-
tions or privileges of such programs because of race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, age, disability,
familial status or marital status;
(d) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for such programs or to make any inquiry in connection with such
program which expresses, directly or indirectly, any limitation, spec-
ification or discrimination as to race, creed, color, national origin,
CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity
or expression, military status, sex, age, disability, familial status or
marital status, or any intention to make any such limitation, specifica-
tion or discrimination, unless based on a bona fide occupational quali-
fication.
§ 4. Paragraph (a) of subdivision 2 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(a) It shall be an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager, superintendent, agent or
employee of any place of public accommodation, resort or amusement,
because of the race, creed, color, national origin, CITIZENSHIP OR IMMI-
GRATION STATUS, sexual orientation, gender identity or expression, mili-
tary status, sex, disability or marital status of any person, directly
or indirectly, to refuse, withhold from or deny to such person any of
the accommodations, advantages, facilities or privileges thereof,
including the extension of credit, or, directly or indirectly, to
publish, circulate, issue, display, post or mail any written or printed
communication, notice or advertisement, to the effect that any of the
accommodations, advantages, facilities and privileges of any such place
shall be refused, withheld from or denied to any person on account of
race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS,
sexual orientation, gender identity or expression, military status, sex,
disability or marital status, or that the patronage or custom thereat of
any person of or purporting to be of any particular race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex or marital status,
or having a disability is unwelcome, objectionable or not acceptable,
desired or solicited.
§ 5. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, as amended by section 3 of part T of chapter
56 of the laws of 2019, are amended to read as follows:
(a) To refuse to sell, rent or lease or otherwise to deny to or with-
hold from any person or group of persons such housing accommodations
because of the race, creed, color, disability, national origin, CITIZEN-
SHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, age, sex, marital status, lawful source of
income or familial status of such person or persons, or to represent
that any housing accommodation or land is not available for inspection,
sale, rental or lease when in fact it is so available.
(b) To discriminate against any person because of his or her race,
creed, color, disability, national origin, CITIZENSHIP OR IMMIGRATION
STATUS, sexual orientation, gender identity or expression, military
S. 8006 74 A. 9006
status, age, sex, marital status, lawful source of income or familial
status in the terms, conditions or privileges of any publicly-assisted
housing accommodations or in the furnishing of facilities or services in
connection therewith.
(c) To cause to be made any written or oral inquiry or record concern-
ing the race, creed, color, disability, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
membership in the reserve armed forces of the United States or in the
organized militia of the state, age, sex, marital status, lawful source
of income or familial status of a person seeking to rent or lease any
publicly-assisted housing accommodation; provided, however, that nothing
in this subdivision shall prohibit a member of the reserve armed forces
of the United States or in the organized militia of the state from
voluntarily disclosing such membership.
(c-1) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, lawful source of
income or familial status, or any intent to make any such limitation,
specification or discrimination.
§ 6. Paragraph (c) of subdivision 3 of section 296 of the executive
law, as added by chapter 369 of the laws of 2015, is relettered para-
graph (d).
§ 7. Subdivisions 3-b and 4 of section 296 of the executive law,
subdivision 3-b as amended by chapter 8 of the laws of 2019 and subdivi-
sion 4 as separately amended by chapters 8 and 116 of the laws of 2019,
are amended to read as follows:
3-b. It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof or
any other individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such person
or any of its stockholders or members may benefit financially, to repre-
sent that a change has occurred or will or may occur in the composition
with respect to race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, disability, marital status, or familial status of
the owners or occupants in the block, neighborhood or area in which the
real property is located, and to represent, directly or indirectly, that
this change will or may result in undesirable consequences in the block,
neighborhood or area in which the real property is located, including
but not limited to the lowering of property values, an increase in crim-
inal or anti-social behavior, or a decline in the quality of schools or
other facilities.
4. It shall be an unlawful discriminatory practice for an educational
institution to deny the use of its facilities to any person otherwise
qualified, or to permit the harassment of any student or applicant, by
reason of his race, color, religion, disability, national origin, CITI-
ZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, sex, age or marital status, except that any
such institution which establishes or maintains a policy of educating
persons of one sex exclusively may admit students of only one sex.
S. 8006 75 A. 9006
§ 8. Subdivision 5 of section 296 of the executive law, as amended by
chapter 8 of the laws of 2019, paragraph (a) as amended by chapter 300
of the laws of 2021, subparagraphs 1 and 2 of paragraph (c) as amended
by section 5, and paragraph (d) as amended by section 6 of part T of
chapter 56 of the laws of 2019, is amended to read as follows:
5. (a) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, assignee, or managing agent of, or other person
having the right to sell, rent or lease a housing accommodation,
constructed or to be constructed, or any agent or employee thereof:
(1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION
STATUS, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, lawful source of income or
familial status of such person or persons, or to represent that any
housing accommodation or land is not available for inspection, sale,
rental or lease when in fact it is so available.
(2) To discriminate against any person because of race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, age, disability,
marital status, lawful source of income or familial status in the terms,
conditions or privileges of the sale, rental or lease of any such hous-
ing accommodation or in the furnishing of facilities or services in
connection therewith.
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, lawful source of
income or familial status, or any intent to make any such limitation,
specification or discrimination.
(4) (i) The provisions of subparagraphs one and two of this paragraph
shall not apply (1) to the rental of a housing accommodation in a build-
ing which contains housing accommodations for not more than two families
living independently of each other, if the owner resides in one of such
housing accommodations, (2) to the restriction of the rental of all
rooms in a housing accommodation to individuals of the same sex or (3)
to the rental of a room or rooms in a housing accommodation, if such
rental is by the occupant of the housing accommodation or by the owner
of the housing accommodation and the owner resides in such housing
accommodation or (4) solely with respect to age and familial status to
the restriction of the sale, rental or lease of housing accommodations
exclusively to persons sixty-two years of age or older and the spouse of
any such person, or for housing intended and operated for occupancy by
at least one person fifty-five years of age or older per unit. In deter-
mining whether housing is intended and operated for occupancy by persons
fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
apply. However, such rental property shall no longer be exempt from the
provisions of subparagraphs one and two of this paragraph if there is
unlawful discriminatory conduct pursuant to subparagraph three of this
paragraph.
S. 8006 76 A. 9006
(ii) The provisions of subparagraphs one, two, and three of this para-
graph shall not apply (1) to the restriction of the rental of all rooms
in a housing accommodation to individuals of the same sex, (2) to the
rental of a room or rooms in a housing accommodation, if such rental is
by the occupant of the housing accommodation or by the owner of the
housing accommodation and the owner resides in such housing accommo-
dation, or (3) solely with respect to age and familial status to the
restriction of the sale, rental or lease of housing accommodations
exclusively to persons sixty-two years of age or older and the spouse of
any such person, or for housing intended and operated for occupancy by
at least one person fifty-five years of age or older per unit. In deter-
mining whether housing is intended and operated for occupancy by persons
fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
apply.
(b) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, or managing agent of, or other person having the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
(1) To refuse to sell, rent, lease or otherwise deny to or withhold
from any person or group of persons land or commercial space because of
the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION
STATUS, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, or familial status of such
person or persons, or to represent that any housing accommodation or
land is not available for inspection, sale, rental or lease when in fact
it is so available;
(2) To discriminate against any person because of race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, age, disability,
marital status, or familial status in the terms, conditions or privi-
leges of the sale, rental or lease of any such land or commercial space;
or in the furnishing of facilities or services in connection therewith;
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such land or commercial space
or to make any record or inquiry in connection with the prospective
purchase, rental or lease of such land or commercial space which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, or familial
status; or any intent to make any such limitation, specification or
discrimination.
(4) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of land or commercial space exclusively to persons fifty-five
years of age or older and the spouse of any such person, or to the
restriction of the sale, rental or lease of land to be used for the
construction, or location of housing accommodations exclusively for
persons sixty-two years of age or older, or intended and operated for
occupancy by at least one person fifty-five years of age or older per
unit. In determining whether housing is intended and operated for occu-
pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
(42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
amended, shall apply.
S. 8006 77 A. 9006
(c) It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof:
(1) To refuse to sell, rent or lease any housing accommodation, land
or commercial space to any person or group of persons or to refuse to
negotiate for the sale, rental or lease, of any housing accommodation,
land or commercial space to any person or group of persons because of
the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION
STATUS, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, lawful source of income or
familial status of such person or persons, or to represent that any
housing accommodation, land or commercial space is not available for
inspection, sale, rental or lease when in fact it is so available, or
otherwise to deny or withhold any housing accommodation, land or commer-
cial space or any facilities of any housing accommodation, land or
commercial space from any person or group of persons because of the
race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS,
sexual orientation, gender identity or expression, military status, sex,
age, disability, marital status, lawful source of income or familial
status of such person or persons.
(2) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of any housing accommodation,
land or commercial space or to make any record or inquiry in connection
with the prospective purchase, rental or lease of any housing accommo-
dation, land or commercial space which expresses, directly or indirect-
ly, any limitation, specification, or discrimination as to race, creed,
color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, marital status, lawful source of income or familial status; or
any intent to make any such limitation, specification or discrimination.
(3) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of any housing accommodation, land or commercial space exclusively
to persons fifty-five years of age or older and the spouse of any such
person, or to the restriction of the sale, rental or lease of any hous-
ing accommodation or land to be used for the construction or location of
housing accommodations for persons sixty-two years of age or older, or
intended and operated for occupancy by at least one person fifty-five
years of age or older per unit. In determining whether housing is
intended and operated for occupancy by persons fifty-five years of age
or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
(d) It shall be an unlawful discriminatory practice for any real
estate board, because of the race, creed, color, national origin, CITI-
ZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, age, sex, disability, marital status,
lawful source of income or familial status of any individual who is
otherwise qualified for membership, to exclude or expel such individual
from membership, or to discriminate against such individual in the
terms, conditions and privileges of membership in such board.
(e) It shall be an unlawful discriminatory practice for the owner,
proprietor or managing agent of, or other person having the right to
provide care and services in, a private proprietary nursing home, conva-
lescent home, or home for adults, or an intermediate care facility, as
defined in section two of the social services law, heretofore
constructed, or to be constructed, or any agent or employee thereof, to
S. 8006 78 A. 9006
refuse to provide services and care in such home or facility to any
individual or to discriminate against any individual in the terms,
conditions, and privileges of such services and care solely because such
individual is a blind person. For purposes of this paragraph, a "blind
person" shall mean a person who is registered as a blind person with the
commission for the visually handicapped and who meets the definition of
a "blind person" pursuant to section three of chapter four hundred
fifteen of the laws of nineteen hundred thirteen entitled "An act to
establish a state commission for improving the condition of the blind of
the state of New York, and making an appropriation therefor".
(f) The provisions of this subdivision, as they relate to age, shall
not apply to persons under the age of eighteen years.
(g) It shall be an unlawful discriminatory practice for any person
offering or providing housing accommodations, land or commercial space
as described in paragraphs (a), (b), and (c) of this subdivision to make
or cause to be made any written or oral inquiry or record concerning
membership of any person in the state organized militia in relation to
the purchase, rental or lease of such housing accommodation, land, or
commercial space, provided, however, that nothing in this subdivision
shall prohibit a member of the state organized militia from voluntarily
disclosing such membership.
§ 9. Paragraph (a) of subdivision 9 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(a) It shall be an unlawful discriminatory practice for any fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power of appointment of volunteer firefighters, directly or indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement among its members, or otherwise, to deny to any individual
membership in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire depart-
ment or fire company therein, because of the race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, marital status, or
familial status, of such individual.
§ 10. Subdivision 13 of section 296 of the executive law, as amended
by chapter 8 of the laws of 2019, is amended to read as follows:
13. It shall be an unlawful discriminatory practice (i) for any person
to boycott or blacklist, or to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual
orientation, gender identity or expression, military status, sex, disa-
bility, or familial status, of such person, or of such person's part-
ners, members, stockholders, directors, officers, managers, superinten-
dents, agents, employees, business associates, suppliers or customers,
or (ii) for any person wilfully to do any act or refrain from doing any
act which enables any such person to take such action. This subdivision
shall not apply to:
(a) Boycotts connected with labor disputes; or
(b) Boycotts to protest unlawful discriminatory practices.
§ 11. Subdivisions 1, 2 and 3 of section 296-a of the executive law,
as amended by chapter 8 of the laws of 2019, are amended to read as
follows:
1. It shall be an unlawful discriminatory practice for any creditor or
any officer, agent or employee thereof:
S. 8006 79 A. 9006
a. In the case of applications for credit with respect to the
purchase, acquisition, construction, rehabilitation, repair or mainte-
nance of any housing accommodation, land or commercial space to discrim-
inate against any such applicant because of the race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, age, sex, marital
status, disability, or familial status of such applicant or applicants
or any member, stockholder, director, officer or employee of such appli-
cant or applicants, or of the prospective occupants or tenants of such
housing accommodation, land or commercial space, in the granting, with-
holding, extending or renewing, or in the fixing of the rates, terms or
conditions of, any such credit;
b. To discriminate in the granting, withholding, extending or renew-
ing, or in the fixing of the rates, terms or conditions of, any form of
credit, on the basis of race, creed, color, national origin, CITIZENSHIP
OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, age, sex, marital status, disability, or
familial status;
c. To use any form of application for credit or use or make any record
or inquiry which expresses, directly or indirectly, any limitation,
specification, or discrimination as to race, creed, color, national
origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender
identity or expression, military status, age, sex, marital status, disa-
bility, or familial status;
d. To make any inquiry of an applicant concerning his or her capacity
to reproduce, or his or her use or advocacy of any form of birth control
or family planning;
e. To refuse to consider sources of an applicant's income or to
subject an applicant's income to discounting, in whole or in part,
because of an applicant's race, creed, color, national origin, CITIZEN-
SHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, age, sex, marital status, childbearing
potential, disability, or familial status;
f. To discriminate against a married person because such person
neither uses nor is known by the surname of his or her spouse.
This paragraph shall not apply to any situation where the use of a
surname would constitute or result in a criminal act.
2. Without limiting the generality of subdivision one of this section,
it shall be considered discriminatory if, because of an applicant's or
class of applicants' race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, age, sex, marital status or disability, or familial
status, (i) an applicant or class of applicants is denied credit in
circumstances where other applicants of like overall credit worthiness
are granted credit, or (ii) special requirements or conditions, such as
requiring co-obligors or reapplication upon marriage, are imposed upon
an applicant or class of applicants in circumstances where similar
requirements or conditions are not imposed upon other applicants of like
overall credit worthiness.
3. It shall not be considered discriminatory if credit differen-
tiations or decisions are based upon factually supportable, objective
differences in applicants' overall credit worthiness, which may include
reference to such factors as current income, assets and prior credit
history of such applicants, as well as reference to any other relevant
factually supportable data; provided, however, that no creditor shall
consider, in evaluating the credit worthiness of an applicant, aggregate
S. 8006 80 A. 9006
statistics or assumptions relating to race, creed, color, national
origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender
identity or expression, military status, sex, marital status or disabil-
ity, or to the likelihood of any group of persons bearing or rearing
children, or for that reason receiving diminished or interrupted income
in the future.
§ 12. Subdivision 2 of section 296-c of the executive law, as added by
chapter 97 of the laws of 2014, is amended to read as follows:
2. It shall be an unlawful discriminatory practice for an employer to:
a. refuse to hire or employ or to bar or to discharge from internship
an intern or to discriminate against such intern in terms, conditions or
privileges of employment as an intern because of the intern's age, race,
creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual
orientation, military status, sex, disability, predisposing genetic
characteristics, marital status, or domestic violence victim status;
b. discriminate against an intern in receiving, classifying, disposing
or otherwise acting upon applications for internships because of the
intern's age, race, creed, color, national origin, CITIZENSHIP OR IMMI-
GRATION STATUS, sexual orientation, military status, sex, disability,
predisposing genetic characteristics, marital status, or domestic
violence victim status;
c. print or circulate or cause to be printed or circulated any state-
ment, advertisement or publication, or to use any form of application
for employment as an intern or to make any inquiry in connection with
prospective employment, which expresses directly or indirectly, any
limitation, specification or discrimination as to age, race, creed,
color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
tation, military status, sex, disability, predisposing genetic charac-
teristics, marital status or domestic violence victim status, or any
intent to make any such limitation, specification or discrimination,
unless based upon a bona fide occupational qualification; provided,
however, that neither this paragraph nor any provision of this chapter
or other law shall be construed to prohibit the department of civil
service or the department of personnel of any city containing more than
one county from requesting information from applicants for civil service
internships or examinations concerning any of the aforementioned charac-
teristics, other than sexual orientation, for the purpose of conducting
studies to identify and resolve possible problems in recruitment and
testing of members of minority groups to insure the fairest possible and
equal opportunities for employment in the civil service for all persons,
regardless of age, race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, military status, sex, disabili-
ty, predisposing genetic characteristics, marital status or domestic
violence victim status;
d. to discharge, expel or otherwise discriminate against any person
because he or she has opposed any practices forbidden under this article
or because he or she has filed a complaint, testified or assisted in any
proceeding under this article; or
e. to compel an intern who is pregnant to take a leave of absence,
unless the intern is prevented by such pregnancy from performing the
activities involved in the job or occupation in a reasonable manner.
§ 13. Paragraph b of subdivision 3 of section 296-c of the executive
law, as added by chapter 97 of the laws of 2014, is amended to read as
follows:
b. subject an intern to unwelcome harassment based on age, sex, race,
creed, color, sexual orientation, military status, disability, predis-
S. 8006 81 A. 9006
posing genetic characteristics, marital status, domestic violence victim
status, [or] national origin, OR CITIZENSHIP OR IMMIGRATION STATUS,
where such harassment has the purpose or effect of unreasonably inter-
fering with the intern's work performance by creating an intimidating,
hostile, or offensive working environment.
§ 14. This act shall take effect immediately.
PART Z
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $12,830,000 for the fiscal
year ending March 31, 2023. Notwithstanding any other provision of law,
and subject to the approval of the New York state director of the budg-
et, 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 pres-
ervation program contracts authorized by this section, a total sum not
to exceed $12,830,000, 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 2021-2022 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, 2022.
§ 2. 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 $5,360,000 for the fiscal year ending March
31, 2023. 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
$5,360,000, 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
2021-2022 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,
2022.
S. 8006 82 A. 9006
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
law, a sum not to exceed $21,630,000 for the fiscal year ending March
31, 2023. 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 authorized by this section, a total sum not to exceed
$21,630,000, 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 deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2021-2022 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 shall be made as soon as practicable but no later
than June 30, 2022.
§ 4. This act shall take effect immediately.
PART AA
Section 1. Short title. This act shall be known and may be cited as
the "accessory dwelling unit act of 2022".
§ 2. The real property law is amended by adding a new article 16 to
read as follows:
ARTICLE 16
ACCESSORY DWELLING UNITS
SECTION 480. DEFINITIONS.
481. ACCESSORY DWELLING UNIT REGULATIONS AND LOCAL LAWS.
482. LOW AND MODERATE-INCOME HOMEOWNERS PROGRAM.
483. TENANT PROTECTIONS.
§ 480. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER-
WISE REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ACCESSORY DWELLING UNIT" SHALL MEAN AN ATTACHED OR A DETACHED
RESIDENTIAL DWELLING UNIT THAT PROVIDES COMPLETE INDEPENDENT LIVING
FACILITIES FOR ONE OR MORE PERSONS, WHICH IS LOCATED ON THE SAME LOT AS
A SINGLE-FAMILY OR MULTI-FAMILY DWELLING PROPOSED OR EXISTING AS A
PRIMARY RESIDENCE, AND SUCH UNIT SHALL INCLUDE PERMANENT PROVISIONS FOR
LIVING, SLEEPING, EATING, COOKING, BATHING AND WASHING, AND SANITATION
ON THE SAME LOT AS SUCH PRIMARY RESIDENCE.
2. "LOCAL GOVERNMENT" SHALL MEAN A CITY, TOWN OR VILLAGE.
3. "LOW-INCOME HOMEOWNERS" SHALL MEAN HOMEOWNERS WITH AN INCOME,
ADJUSTED FOR FAMILY SIZE, NOT EXCEEDING EIGHTY PERCENT OF THE AREA MEDI-
AN INCOME.
4. "MODERATE-INCOME HOMEOWNERS" SHALL MEAN HOMEOWNERS WITH AN INCOME,
ADJUSTED FOR FAMILY SIZE, NOT EXCEEDING ONE HUNDRED TWENTY PERCENT OF
THE AREA MEDIAN INCOME AS DEFINED BY THE DIVISION.
5. "NONCONFORMING ZONING CONDITION" SHALL MEAN A PHYSICAL IMPROVEMENT
ON A PROPERTY THAT DOES NOT CONFORM WITH CURRENT ZONING STANDARDS.
S. 8006 83 A. 9006
6. "PROPOSED DWELLING" SHALL MEAN A DWELLING THAT IS THE SUBJECT OF A
PERMIT APPLICATION AND THAT MEETS THE REQUIREMENTS FOR PERMITTING.
7. "DIVISION" SHALL MEAN THE NEW YORK STATE DIVISION OF HOMES AND
COMMUNITY RENEWAL.
8. "REGULATION" SHALL MEAN ANY ORDINANCE, LOCAL LAW, RESOLUTION, RULE,
POLICY, OR REGULATION ADOPTED OR ENACTED PURSUANT TO THE AUTHORITY OF A
GENERAL, SPECIAL, CHARTER OR OTHER LAW UNLESS THE CONTEXT SUGGESTS A
DIFFERENT MEANING.
9. "RENTED" SHALL MEAN TO LEASE, LET, OR HIRE OUT AN ACCESSORY DWELL-
ING UNIT, A RESIDENCE, OR ANY PORTION OF SUCH UNIT OR RESIDENCE, TO BE
OCCUPIED OR THAT IS OCCUPIED FOR LIVING PURPOSES.
§ 481. ACCESSORY DWELLING UNIT REGULATIONS AND LOCAL LAWS. 1.
NOTWITHSTANDING ANY GENERAL, SPECIAL, CHARTER, LOCAL OR OTHER LAW, RULE,
POLICY, OR REGULATION TO THE CONTRARY, INCLUDING ANY LAW AUTHORIZING THE
ADOPTION OF PLANNING, ZONING, OR OTHER LAND USE REGULATION, A LOCAL
GOVERNMENT SHALL, BY LOCAL LAW, PROVIDE FOR THE CREATION OF ACCESSORY
DWELLING UNITS. SUCH LOCAL LAW SHALL:
(A) DESIGNATE AREAS WITHIN THE JURISDICTION OF THE LOCAL GOVERNMENT
WHERE ACCESSORY DWELLING UNITS SHALL BE PERMITTED. DESIGNATED AREAS
SHALL INCLUDE ALL AREAS ZONED FOR SINGLE-FAMILY OR MULTIFAMILY RESIDEN-
TIAL USE, AND ALL LOTS WITH AN EXISTING RESIDENTIAL USE.
(B) AUTHORIZE THE CREATION OF AT LEAST ONE ACCESSORY DWELLING UNIT PER
LOT.
(C) PROVIDE REASONABLE STANDARDS FOR ACCESSORY DWELLING UNITS THAT MAY
INCLUDE, BUT ARE NOT LIMITED TO, HEIGHT, LANDSCAPE, ARCHITECTURAL REVIEW
AND MAXIMUM SIZE OF A UNIT. IN NO CASE SHALL SUCH STANDARDS UNREASONABLY
RESTRICT THE CREATION OF ACCESSORY DWELLING UNITS.
(D) REQUIRE ACCESSORY DWELLING UNITS TO COMPLY WITH THE FOLLOWING:
(I) SUCH UNIT MAY BE RENTED SEPARATE FROM THE PRIMARY RESIDENCE, BUT
SHALL NOT BE SOLD OR OTHERWISE CONVEYED SEPARATE FROM THE PRIMARY RESI-
DENCE;
(II) SUCH UNIT SHALL BE LOCATED ON A LOT THAT INCLUDES A PROPOSED OR
EXISTING RESIDENTIAL DWELLING;
(III) SUCH UNIT SHALL NOT BE RENTED FOR A TERM LESS THAN THIRTY DAYS;
AND
(IV) IF THERE IS AN EXISTING PRIMARY RESIDENCE, THE TOTAL FLOOR AREA
OF AN ACCESSORY DWELLING UNIT SHALL NOT EXCEED FIFTY PERCENT OF THE
EXISTING PRIMARY RESIDENCE, UNLESS SUCH LIMIT WOULD PREVENT THE CREATION
OF AN ACCESSORY DWELLING UNIT THAT IS NO GREATER THAN SIX HUNDRED SQUARE
FEET.
2. A LOCAL GOVERNMENT SHALL NOT ESTABLISH BY ANY REGULATION ANY OF THE
FOLLOWING:
(A) IN A LOCAL GOVERNMENT HAVING A POPULATION OF ONE MILLION OR MORE,
A MINIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT
GREATER THAN TWO HUNDRED SQUARE FEET, OR IN A LOCAL GOVERNMENT HAVING A
POPULATION OF LESS THAN ONE MILLION, A MINIMUM SQUARE FOOTAGE REQUIRE-
MENT FOR AN ACCESSORY DWELLING UNIT THAT IS GREATER THAN FIVE HUNDRED
FIFTY SQUARE FEET;
(B) A MAXIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING
UNIT THAT IS LESS THAN FIFTEEN HUNDRED SQUARE FEET;
(C) ANY OTHER MINIMUM OR MAXIMUM SIZE FOR AN ACCESSORY DWELLING UNIT,
INCLUDING THOSE BASED UPON A PERCENTAGE OF THE PROPOSED OR EXISTING
PRIMARY RESIDENCE, OR LIMITS ON LOT COVERAGE, FLOOR AREA RATIO, OPEN
SPACE, AND MINIMUM LOT SIZE, FOR A DWELLING THAT DOES NOT PERMIT AT
LEAST AN EIGHT HUNDRED SQUARE FOOT ACCESSORY DWELLING UNIT WITH FOUR-
FOOT SIDE AND REAR YARD SETBACKS TO BE CONSTRUCTED IN COMPLIANCE WITH
S. 8006 84 A. 9006
OTHER LOCAL STANDARDS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SECTION TO THE CONTRARY, A LOCAL GOVERNMENT MAY PROVIDE, WHERE A LOT
CONTAINS AN EXISTING RESIDENCE, THAT AN ACCESSORY DWELLING UNIT LOCATED
WITHIN AND/OR ATTACHED TO THE PRIMARY RESIDENCE SHALL NOT EXCEED THE
BUILDABLE ENVELOPE FOR THE EXISTING RESIDENCE, AND THAT AN ACCESSORY
DWELLING UNIT THAT IS DETACHED FROM AN EXISTING RESIDENCE SHALL BE
CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXIST-
ING STRUCTURE, IF SUCH STRUCTURE EXISTS.
(D) A CEILING HEIGHT REQUIREMENT GREATER THAN SEVEN FEET, UNLESS THE
LOCAL GOVERNMENT CAN DEMONSTRATE THAT SUCH A REQUIREMENT IS NECESSARY
FOR THE PRESERVATION OF HEALTH AND SAFETY;
(E) IF AN ACCESSORY DWELLING UNIT OR A PORTION THEREOF IS BELOW CURB
LEVEL, A REQUIREMENT THAT MORE THAN TWO FEET OF SUCH UNIT'S HEIGHT BE
ABOVE CURB LEVEL, UNLESS THE LOCAL GOVERNMENT CAN DEMONSTRATE THAT SUCH
A REQUIREMENT IS NECESSARY FOR THE PRESERVATION OF HEALTH AND SAFETY;
(F) ANY REQUIREMENT THAT A PATHWAY EXIST OR BE CONSTRUCTED IN CONJUNC-
TION WITH THE CREATION OF AN ACCESSORY DWELLING UNIT, UNLESS THE LOCAL
GOVERNMENT CAN DEMONSTRATE THAT SUCH REQUIREMENT IS NECESSARY FOR THE
PRESERVATION OF HEALTH AND SAFETY;
(G) ANY SETBACK FOR AN EXISTING DWELLING OR ACCESSORY STRUCTURE OR A
STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS
AN EXISTING STRUCTURE THAT IS CONVERTED TO AN ACCESSORY DWELLING UNIT OR
TO A PORTION OF AN ACCESSORY DWELLING UNIT, OR ANY SETBACK OF MORE THAN
FOUR FEET FROM THE SIDE AND REAR LOT LINES FOR AN ACCESSORY DWELLING
UNIT THAT IS NOT CONVERTED FROM AN EXISTING STRUCTURE OR A NEW STRUCTURE
CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXIST-
ING STRUCTURE; OR
(H) ANY HEALTH OR SAFETY REQUIREMENTS ON ACCESSORY DWELLING UNITS THAT
ARE NOT NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THE OCCUPANTS OF
SUCH A DWELLING. NOTHING IN THIS PROVISION SHALL BE CONSTRUED TO PREVENT
A LOCAL GOVERNMENT FROM REQUIRING THAT ACCESSORY DWELLING UNITS ARE,
WHERE APPLICABLE, SUPPORTED BY SEPTIC CAPACITY NECESSARY TO MEET STATE
HEALTH, SAFETY, AND SANITARY STANDARDS, THAT THE CREATION OF SUCH UNITS
COMPORTS WITH FLOOD RESILIENCY POLICIES OR EFFORTS, AND THAT SUCH UNITS
ARE CONSISTENT WITH THE PROTECTION OF WETLANDS AND WATERSHEDS.
3. NO LOCAL LAW FOR THE CREATION OF ACCESSORY DWELLING UNITS PURSUANT
TO SUBDIVISION ONE OF THIS SECTION SHALL BE CONSIDERED IN THE APPLICA-
TION OF ANY LOCAL REGULATION POLICY, OR PROGRAM TO LIMIT RESIDENTIAL
GROWTH.
4. NO PARKING REQUIREMENT SHALL BE IMPOSED ON AN ACCESSORY DWELLING
UNIT; EXCEPT WHERE NO IMMEDIATELY ADJACENT PUBLIC STREET PERMITS YEAR-
ROUND ON-STREET PARKING AND THE ACCESSORY DWELLING UNIT IS GREATER THAN
ONE-HALF MILE FROM ACCESS TO PUBLIC TRANSPORTATION A LOCAL GOVERNMENT
MAY REQUIRE UP TO ONE OFF-STREET PARKING SPACE PER ACCESSORY UNIT.
5. A LOCAL GOVERNMENT SHALL NOT REQUIRE THAT OFF-STREET PARKING SPACES
BE REPLACED IF A GARAGE, CARPORT, OR COVERED PARKING STRUCTURE IS DEMOL-
ISHED IN CONJUNCTION WITH THE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT
OR CONVERTED TO AN ACCESSORY DWELLING UNIT.
6. NOTWITHSTANDING ANY REGULATION TO THE CONTRARY, A PERMIT APPLICA-
TION TO CREATE AN ACCESSORY DWELLING UNIT IN CONFORMANCE WITH THE LOCAL
LAW ENACTED UNDER THIS SECTION SHALL BE CONSIDERED MINISTERIAL WITHOUT
DISCRETIONARY REVIEW OR A HEARING. IF THERE IS AN EXISTING SINGLE-FAMILY
OR MULTI-FAMILY DWELLING ON THE LOT, THE LOCAL AGENCY WITH REVIEWING
AUTHORITY UNDER THIS SECTION SHALL ISSUE A DETERMINATION ON THE
COMPLETED APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT WITHIN NINETY
DAYS FROM THE DATE THE LOCAL AGENCY RECEIVES SUCH COMPLETED APPLICATION
S. 8006 85 A. 9006
OR, IN A LOCAL GOVERNMENT HAVING A POPULATION OF ONE MILLION OR MORE,
WITHIN SIXTY DAYS. IF THE PERMIT APPLICATION TO CREATE AN ACCESSORY
DWELLING UNIT IS SUBMITTED WITH A PERMIT APPLICATION TO CREATE A NEW
RESIDENTIAL DWELLING ON THE LOT, THE PERMITTING LOCAL GOVERNMENT MAY
DELAY ACTING ON THE PERMIT APPLICATION FOR THE ACCESSORY DWELLING UNIT
UNTIL THE PERMITTING LOCAL GOVERNMENT ACTS ON THE PERMIT APPLICATION TO
CREATE THE NEW DWELLING, BUT THE APPLICATION TO CREATE THE ACCESSORY
DWELLING UNIT SHALL BE CONSIDERED WITHOUT DISCRETIONARY REVIEW OR HEAR-
ING. IF THE APPLICANT REQUESTS A DELAY, THE TIME PERIOD FOR REVIEW SHALL
BE TOLLED FOR THE PERIOD OF THE DELAY. SUCH REVIEW SHALL INCLUDE ALL
NECESSARY PERMITS AND APPROVALS INCLUDING, WITHOUT LIMITATION, THOSE
RELATED TO HEALTH AND SAFETY. A LOCAL GOVERNMENT SHALL NOT REQUIRE AN
ADDITIONAL OR AMENDED CERTIFICATE OF OCCUPANCY IN CONNECTION WITH AN
ACCESSORY DWELLING UNIT. A LOCAL GOVERNMENT MAY CHARGE A FEE NOT TO
EXCEED ONE THOUSAND DOLLARS PER APPLICATION FOR THE REIMBURSEMENT OF THE
ACTUAL COSTS SUCH LOCAL AGENCY INCURS PURSUANT TO THIS SUBDIVISION.
7. LOCAL GOVERNMENTS SHALL ESTABLISH AN ADMINISTRATIVE APPEAL PROCESS
FOR AN APPLICANT TO APPEAL THE DENIAL OF A PERMIT FOR ACCESSORY DWELLING
UNITS. WHEN A PERMIT TO CREATE AN ACCESSORY DWELLING UNIT PURSUANT TO A
LOCAL LAW ADOPTED PURSUANT TO THIS SECTION IS DENIED, THE LOCAL GOVERN-
MENT AGENCY THAT DENIED THE PERMIT SHALL ISSUE A NOTICE OF DENIAL WHICH
SHALL CONTAIN THE REASON OR REASONS SUCH PERMIT APPLICATION WAS DENIED
AND INSTRUCTIONS ON HOW THE APPLICANT MAY APPEAL SUCH DENIAL.
8. NO POLICY OR REGULATION OTHER THAN THE LOCAL LAW AUTHORIZED UNDER
THIS SECTION SHALL BE THE BASIS FOR THE DENIAL OF A BUILDING PERMIT OR
OTHER PERMISSION TO DEVELOP IN ACCORDANCE WITH THIS SECTION EXCEPT TO
THE EXTENT NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THE OCCUPANTS
OF AN ACCESSORY DWELLING UNIT THE PRIMARY RESIDENCE TO SUCH DWELLING
UNIT, AND PROVIDED SUCH POLICY OR REGULATION IS CONSISTENT WITH THE
REQUIREMENTS OF THIS SECTION.
9. IF A LOCAL GOVERNMENT HAS AN EXISTING ACCESSORY DWELLING UNIT REGU-
LATION THAT FAILS TO MEET THE REQUIREMENTS OF THIS SECTION, THE SECTIONS
OF SUCH REGULATION THAT CONFLICTS WITH THIS SECTION SHALL BE NULL AND
VOID. SUCH LOCAL GOVERNMENT SHALL THEREAFTER APPLY THE STANDARDS ESTAB-
LISHED IN THIS SECTION FOR THE APPROVAL OF AN ACCESSORY DWELLING UNIT
UNTIL SUCH LOCAL GOVERNMENT ADOPTS A LOCAL LAW THAT COMPLIES WITH THIS
SECTION.
10. THE LOCAL GOVERNMENT SHALL ENSURE THAT ACCESSORY DWELLING UNITS
ARE NOT COUNTED TOWARD THE ALLOWABLE RESIDENTIAL DENSITY, OR ANY
REQUIREMENT RESPECTING LOT COVERAGE OR OPEN SPACE, FOR THE LOT UPON
WHICH THE ACCESSORY DWELLING UNIT IS LOCATED UNDER THE EXISTING ZONING
DESIGNATION FOR SUCH LOT. THE ACCESSORY DWELLING UNIT SHALL NOT BE
CONSIDERED IN THE APPLICATION OF ANY REGULATION, POLICY, OR PROGRAM TO
LIMIT RESIDENTIAL GROWTH.
11. IN A CITY WITH A POPULATION GREATER THAN ONE MILLION, THE LOCAL
GOVERNMENT SHALL CREATE A PROGRAM TO ADDRESS ACCESSORY DWELLING UNITS
THAT WERE CREATED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE. SUCH
PROGRAM MAY PROVIDE AMNESTY TO OWNERS OF BUILDINGS THAT CONTAIN SUCH
ACCESSORY DWELLING UNITS. SUCH CITY SHALL WAIVE PORTIONS OF THE MULTIPLE
DWELLING LAW AND RELEVANT REGULATIONS, OTHER THAN THE LOCAL LAW ADOPTED
PURSUANT TO THIS SECTION, AS NECESSARY TO ADMINISTER SUCH PROGRAM. SUCH
WAIVER OR WAIVERS SHALL NOT REQUIRE ADDITIONAL REGULATIONS OR ZONING OR
OTHER LAND USE AMENDMENTS.
12. A LOCAL GOVERNMENT SHALL NOT REQUIRE, AS A CONDITION FOR MINISTER-
IAL APPROVAL OF A PERMIT APPLICATION FOR THE CREATION OF AN ACCESSORY
S. 8006 86 A. 9006
DWELLING UNIT, THE CORRECTION OF NONCONFORMING ZONING CONDITIONS OR
MINOR VIOLATIONS OF LOCAL LAW.
13. WHERE AN ACCESSORY DWELLING UNIT REQUIRES A NEW OR SEPARATE UTILI-
TY CONNECTION DIRECTLY BETWEEN THE ACCESSORY DWELLING UNIT AND THE UTIL-
ITY, AND SUCH CONNECTION IS PROVIDED BY A GOVERNMENTAL OR PUBLIC AUTHOR-
ITY, THE CONNECTION MAY BE SUBJECT TO A CONNECTION FEE OR CAPACITY
CHARGE BY SUCH GOVERNMENTAL OR PUBLIC AUTHORITY THAT SHALL BE PROPOR-
TIONATE TO THE BURDEN OF THE PROPOSED ACCESSORY DWELLING UNIT, BASED
UPON EITHER ITS SIZE OR THE NUMBER OF ITS PLUMBING FIXTURES UPON THE
WATER OR SEWER SYSTEM. SUCH FEE OR CHARGE SHALL NOT EXCEED THE REASON-
ABLE COST OF PROVIDING SUCH UTILITY CONNECTION. A LOCAL GOVERNMENT SHALL
NOT IMPOSE ANY OTHER FEE IN CONNECTION WITH AN ACCESSORY DWELLING UNIT.
14. A LOCAL GOVERNMENT MAY REQUIRE THAT A UNIT IN THE PRIMARY RESI-
DENCE BE OWNER-OCCUPIED FOR AN ACCESSORY DWELLING UNIT TO BE LAWFULLY
RENTED. IN ADDITION, ANY SUCH LOCAL GOVERNMENT MAY REQUIRE SUCH OWNER-
OCCUPATION MUST CONTINUE FOR AT LEAST ONE YEAR FOLLOWING THE FIRST LEGAL
OCCUPANCY OF THE ACCESSORY DWELLING UNIT.
15. A LOCAL GOVERNMENT SHALL NOT ISSUE A CERTIFICATE OF OCCUPANCY OR
ITS EQUIVALENT FOR AN ACCESSORY DWELLING UNIT BEFORE THE LOCAL GOVERN-
MENT ISSUES A CERTIFICATE OF OCCUPANCY OR ITS EQUIVALENT FOR THE PRIMARY
RESIDENCE.
16. A LOCAL GOVERNMENT SHALL ADOPT A LOCAL LAW PURSUANT TO THIS ARTI-
CLE WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE.
17. A PROPERTY OWNER WHO HAS BEEN DENIED A PERMIT BY A LOCAL GOVERN-
MENT IN VIOLATION OF THIS ARTICLE OR WHO LIVES WITHIN THE LOCAL GOVERN-
MENT THAT FAILS TO ADOPT A LOCAL LAW PURSUANT TO THIS ARTICLE MAY APPLY
TO THE SUPREME COURT FOR REVIEW OF THE LOCAL GOVERNMENT ACTION BY A
PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
RULES. COSTS SHALL NOT BE ALLOWED AGAINST A LOCAL GOVERNMENT OR ANY OF
ITS OFFICERS UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL GOVERN-
MENT OR THE OFFICER OR OFFICERS ACTED WITH GROSS NEGLIGENCE OR IN BAD
FAITH OR WITH MALICE.
§ 482. LOW AND MODERATE-INCOME HOMEOWNERS PROGRAM. 1. WITHIN ONE
HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DIVISION
OR AFFILIATED AUTHORITY SHALL ESTABLISH A LENDING PROGRAM TO ASSIST
LOW-INCOME HOMEOWNERS AND MODERATE-INCOME HOMEOWNERS IN SECURING FINANC-
ING FOR THE CREATION OF ACCESSORY DWELLING UNITS, INCLUDING, WITHOUT
LIMITATION, FINANCING FOR DESIGN AND CONSTRUCTION, FLOOD PREVENTION,
PERMITTING, AND SEPTIC ENHANCEMENT.
2. THE DIVISION OR AFFILIATED AUTHORITY SHALL PROMULGATE PROGRAM
CRITERIA AND GUIDELINES NECESSARY TO CARRY OUT SUCH PROGRAM.
3. SUCH PROGRAM SHALL BE FUNDED WITHIN AMOUNTS APPROPRIATED OR OTHER-
WISE AVAILABLE THEREFOR.
4. THE DIVISION SHALL ISSUE AN ANNUAL REPORT, ON OR BEFORE JULY FIRST
OF EACH YEAR, THAT INCLUDES AN AGGREGATED LIST OF PROJECTS FINANCED
THROUGH THE PROGRAM, INCLUDING THE COUNTIES WHERE SUCH PROJECTS WERE
FINANCED.
5. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS ARTI-
CLE, THE DIVISION OR AFFILIATED AUTHORITIES SHALL ESTABLISH A PROGRAM TO
PROVIDE TECHNICAL ASSISTANCE TO LOW-INCOME AND MODERATE-INCOME HOMEOWN-
ERS SEEKING TO CREATE AN ACCESSORY DWELLING UNIT. SUCH PROGRAM MAY BE
CONTRACTED OUT TO APPROVED NON-GOVERNMENTAL ENTITIES. TECHNICAL ASSIST-
ANCE SHALL INCLUDE, WITHOUT LIMITATION, GUIDANCE ON DESIGN AND
CONSTRUCTION, FLOOD PREVENTION, PERMITTING, FINANCING, AND SEPTIC
ENHANCEMENT.
S. 8006 87 A. 9006
§ 483. TENANT PROTECTIONS. 1. AS USED IN THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "LANDLORD" SHALL MEAN ANY OWNER, LESSOR, SUBLESSOR, ASSIGNOR, OR
OTHER PERSON RECEIVING OR ENTITLED TO RECEIVE RENT FOR THE OCCUPANCY OF
ANY ACCESSORY DWELLING UNIT OR AN AGENT OF THE FOREGOING.
(B) "TENANT" SHALL MEAN A TENANT, SUB-TENANT, LESSEE, SUBLESSEE, OR
ASSIGNEE OF AN ACCESSORY DWELLING UNIT.
(C) "RENT" SHALL MEAN ANY CONSIDERATION, INCLUDING ANY BONUS, BENEFIT
OR GRATUITY DEMANDED OR RECEIVED FOR OR IN CONNECTION WITH THE
POSSESSION, USE OR OCCUPANCY OF AN ACCESSORY DWELLING UNIT OR THE
EXECUTION OR TRANSFER OF A LEASE FOR SUCH UNIT.
2. A PERMIT APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT IN
CONFORMANCE WITH A LOCAL LAW ADOPTED UNDER THIS ARTICLE SHALL BE ACCOM-
PANIED BY A CERTIFICATION IDENTIFYING WHETHER THE UNIT WAS RENTED TO A
TENANT AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND THE RENT CHARGED FOR
THE UNIT AS OF SUCH DATE, NOTWITHSTANDING WHETHER THE OCCUPANCY OF SUCH
UNIT WAS AUTHORIZED BY LAW. A LOCAL GOVERNMENT MAY NOT USE SUCH CERTIF-
ICATION AS THE BASIS FOR AN ENFORCEMENT ACTION AGAINST AN APPLICANT
CONCERNING THE UNAUTHORIZED HABITATION OF A UNIT. WHERE A TENANT IS
EVICTED OR OTHERWISE REMOVED FROM A UNIT PRIOR TO APPROVAL OF A PERMIT
APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT UNDER THIS ARTICLE,
SUCH TENANT SHALL HAVE A RIGHT OF FIRST REFUSAL TO RETURN TO THE UNIT AS
A TENANT UPON ITS FIRST LAWFUL OCCUPANCY AS AN ACCESSORY DWELLING UNIT,
NOTWITHSTANDING WHETHER SUCH PRIOR OCCUPANCY WAS AUTHORIZED BY LAW.
3. A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL UNDER THIS
ARTICLE SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDIC-
TION FOR COMPENSATORY AND PUNITIVE DAMAGES AND DECLARATORY AND INJUNC-
TIVE RELIEF AND SUCH OTHER RELIEF AS THE COURT DEEMS NECESSARY IN THE
INTERESTS OF JUSTICE.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART BB
Section 1. Short title. This act shall be known and may be cited as
the "Housing Non-Discrimination for Justice-Involved Individuals Act of
2022".
§ 2. Section 296 of the executive law is amended by adding a new
subdivision 23 to read as follows:
23. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE, UNLESS SPECIF-
ICALLY REQUIRED OR PERMITTED BY FEDERAL OR STATE STATUTE OR REGULATION
FOR ANY OWNER, LESSEE, SUB-LESSEE, ASSIGNEE, OR MANAGING AGENT OF, OR
OTHER PERSON HAVING THE RIGHT TO SELL, RENT OR LEASE A HOUSING ACCOMMO-
DATION, CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY AGENT OR EMPLOYEE THER-
EOF, OR ANY REAL ESTATE BROKER, REAL ESTATE SALESPERSON OR EMPLOYEE OR
AGENT THEREOF TO REFUSE TO SELL, RENT, LEASE OR NEGOTIATE FOR THE SALE,
RENTAL, OR LEASE OF, OR OTHERWISE TO DENY TO OR WITHHOLD FROM ANY INDI-
VIDUAL SUCH A HOUSING ACCOMMODATION, OR TO DISCRIMINATE AGAINST SUCH
INDIVIDUAL IN THE TERMS, CONDITIONS OR PRIVILEGES OF THE SALE, RENTAL OR
LEASE, OR TO TAKE ANY ADVERSE ACTION AGAINST SUCH INDIVIDUAL, BECAUSE
SUCH INDIVIDUAL HAS BEEN PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL
OFFENSES IN THIS STATE OR IN ANY OTHER JURISDICTION, UNLESS:
(A) THE CONVICTION RESULTED FROM ONE OR MORE OFFENSES THAT INVOLVED
PHYSICAL DANGER OR VIOLENCE TO PERSONS OR PROPERTY; OR
(B) THE CONVICTION HAD AN ADVERSE EFFECT ON THE HEALTH, SAFETY AND
WELFARE OF OTHER PEOPLE OR PROPERTY.
S. 8006 88 A. 9006
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.
PART CC
Section 1. Subdivision 3 of section 26 of the multiple dwelling law,
as amended by chapter 748 of the laws of 1961, is amended to read as
follows:
3. Floor area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN THE
ZONING LAW, ORDINANCE OR RESOLUTION OF A CITY WITH A POPULATION OF ONE
MILLION OR MORE, THE floor area ratio (FAR) of any dwelling or dwellings
on a lot shall not exceed 12.0, except that a fireproof class B dwelling
in which six or more passenger elevators are maintained and operated in
any city having a local zoning law, ordinance or resolution restricting
districts in such city to residential use, may be erected in accordance
with the provisions of such zoning law, ordinance or resolution, if such
class B dwelling is erected in a district no part of which is restricted
by such zoning law, ordinance or resolution to residential uses.
§ 2. This act shall take effect immediately.
PART DD
Section 1. Short title. This act shall be known as and may be cited as
"Creating Housing Opportunities through Building Conversion Act."
§ 2. Section 301 of the multiple dwelling law is amended by adding a
new subdivision 7 to read as follows:
7. ANY CERTIFICATE BY THE DEPARTMENT AUTHORIZING OCCUPANCY OF A DWELL-
ING AS A CLASS B HOTEL, WHEN SUCH DWELLING IS LOCATED IN A CITY WITH A
POPULATION OF ONE MILLION OR MORE, SHALL ALSO AUTHORIZE OCCUPANCY OF
UNITS IN SUCH DWELLING FOR PERMANENT RESIDENCE PURPOSES, WHERE: (A) SUCH
UNITS ARE SUBJECT TO A REGULATORY AGREEMENT WITH THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, AFFILIATED AUTHORITIES, OR A LOCAL GOVERNMENT
HOUSING AGENCY THAT IS ENTERED INTO ON OR BEFORE DECEMBER THIRTY-FIRST,
TWO THOUSAND TWENTY-SEVEN; AND (B) ANY PORTION OF SUCH A DWELLING IS
LOCATED WITHIN A DISTRICT THAT UNDER THE LOCAL ZONING REGULATIONS OR
ORDINANCES PERMITS RESIDENTIAL USES, OR WITHIN EIGHT HUNDRED FEET OF
SUCH A DISTRICT, AND NOT LOCATED WITHIN AN INDUSTRIAL BUSINESS ZONE AS
DEFINED IN THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, NOTWITH-
STANDING ANY PROVISION OF THIS CHAPTER OR OF ANY STATE LAW, LOCAL LAW,
ORDINANCE, RESOLUTION OR REGULATION THAT WOULD HAVE: (I) PROHIBITED SUCH
OCCUPANCY; (II) REQUIRED A CHANGE OR ALTERATION TO THE DWELLING; OR
(III) REQUIRED A NEW OR AMENDED CERTIFICATE. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW OR REGULATION, ALL DWELLING UNITS WITHIN SUCH BUILDINGS
SHALL BE SUBJECT TO THE RENT STABILIZATION LAW OF NINETEEN HUNDRED
SIXTY-NINE AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-
FOUR FOR AS LONG AS THE MUNICIPALITY HAS DECLARED A PUBLIC EMERGENCY
REQUIRING THE REGULATION OF RESIDENTIAL RENTS PURSUANT TO THESE LAWS.
ANY ALTERATIONS TO ANY SUCH DWELLING SUCH AS THE CREATION OF MULTI-ROOM
SUITES OR THE ADDITION OF COOKING FACILITIES OR ACCESSORY SPACES SHALL
COMPLY WITH ANY APPLICABLE REQUIREMENTS OF ANY STATE LAW, LOCAL LAW,
ORDINANCE, RESOLUTION OR REGULATION RELATING TO CLASS B HOTELS.
PROVIDED FURTHER THAT IN THE CASE OF A PROPERTY AT WHICH ANY HOTEL WORK-
ERS ARE REPRESENTED BY A COLLECTIVE BARGAINING REPRESENTATIVE, PRIOR TO
ANY AGENCY OR AUTHORITY ENTERING INTO A REGULATORY AGREEMENT WITH THE
PROPERTY OWNER AS A PREREQUISITE TO CONVERSION, THE COLLECTIVE BARGAIN-
ING REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE PROPOSED CONVER-
S. 8006 89 A. 9006
SION, AND THE PROPERTY OWNER SHALL CERTIFY TO ANY AGENCY OR AUTHORITY
ENTERING INTO SUCH REGULATORY AGREEMENT THAT THE COLLECTIVE BARGAINING
REPRESENTATIVE HAS MUTUALLY AGREED IN A SEPARATE WRITING WITH THE PROP-
ERTY OWNER TO UNDERTAKE THE CONVERSION SET FORTH IN THIS SECTION.
§ 3. The multiple dwelling law is amended by adding a new section
277-a to read as follows:
§ 277-A. TEMPORARY RULES UPON LEGISLATIVE FINDINGS OF SPECIAL STATE
INTEREST. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY ELIGIBLE
CONVERSION, AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, FOR WHICH
AN APPLICATION FOR A PERMIT, CONTAINING COMPLETE PLANS AND SPECIFICA-
TIONS, IS FILED WITH THE RELEVANT LOCAL AGENCY IN ACCORDANCE WITH APPLI-
CABLE LOCAL LAW ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY-SEVEN.
2. (A) ANY BUILDING OR PORTION OF A BUILDING IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE AND AS DESCRIBED IN THIS SUBDIVISION MAY
BE CONVERTED TO A CLASS A MULTIPLE DWELLING, WITHOUT REGARD TO ANY OTHER
PROVISION OF THIS CHAPTER OR OTHER STATE LAW TO THE CONTRARY OR ANY
PROVISION OF THE ZONING RESOLUTION OF THE CITY OF NEW YORK, BUT PROVIDED
THAT WHERE THE CONVERSION RESULTS IN A CLASS A MULTIPLE DWELLING, THE
CONVERTED BUILDING SHALL BE SUBJECT TO A REGULATORY AGREEMENT FOR
AFFORDABLE OR SUPPORTIVE HOUSING WITH THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL, AFFILIATED AUTHORITIES, OR A LOCAL GOVERNMENT HOUSING
AGENCY.
(B) THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO THE FOLLOWING:
(I) ANY BUILDING OR PORTION THEREOF EXISTING ON JANUARY FIRST, NINETEEN
HUNDRED EIGHTY, THAT, AS OF THE EFFECTIVE DATE OF THIS SECTION, WAS
LAWFULLY OPERATED AS COMMERCIAL OFFICES; OR (II) ANY BUILDING OR PORTION
THEREOF WHERE CONSTRUCTION WAS COMPLETED ON OR AFTER JANUARY SECOND,
NINETEEN HUNDRED EIGHTY, PURSUANT TO A VALID TEMPORARY OR PERMANENT
CERTIFICATE OF OCCUPANCY, WAS ALLOWED TO BE OPERATED AS COMMERCIAL
OFFICES AND SUCH BUILDING IS LOCATED IN THE AREA BEGINNING AT A POINT AT
THE INTERSECTION OF THE EXTENSION OF THE SOUTH LINE OF WEST 60TH STREET
WITH THE U.S. PIERHEAD LINE ON BEGINNING AT A POINT AT THE INTERSECTION
OF THE EXTENSION OF THE SOUTH LINE OF WEST 60TH STREET WITH THE U.S.
PIERHEAD LINE ON THE EAST SIDE OF THE HUDSON RIVER AND RUNS THENCE ALONG
THE EXTENSION OF THE SOUTH LINE OF THE EAST SIDE OF THE HUDSON RIVER AND
RUNS THENCE ALONG THE EXTENSION OF THE SOUTH LINE OF WEST 60TH STREET
AND ALONG THE SOUTH LINE OF WEST 60TH STREET AND ALONG THE SOUTH LINE OF
EAST 60TH STREET AND ALONG THE EXTENSION OF THE SOUTH LINE OF EAST 60TH
STREET TO THE U.S. PIERHEAD LINE ON THE WEST SIDE OF THE EAST RIVER,
THENCE ALONG THE U.S. PIERHEAD LINE ON THE WEST SIDE OF THE EAST RIVER
SOUTHERLY TO ITS INTERSECTION WITH THE U.S. PIERHEAD LINE ON THE EAST
SIDE OF THE HUDSON RIVER, THENCE IN A NORTHERLY DIRECTION ALONG THE U.S.
PIERHEAD LINE ON THE EAST SIDE OF THE HUDSON RIVER TO THE POINT OF
BEGINNING.
3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
CONVERSION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS
OF SECTION TWO HUNDRED SEVENTY-SEVEN OF THIS ARTICLE, EXCEPT THAT
SUBPARAGRAPH D OF SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION SEVEN
OF SUCH SECTION SHALL BE MODIFIED TO NOT REQUIRE A DWELLING UNIT TO BE A
MINIMUM OF TWELVE HUNDRED SQUARE FEET, AND EXCEPT THAT SUBPARAGRAPH F OF
SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION SEVEN OF SUCH SECTION
SHALL BE MODIFIED TO PROVIDE THAT ANY YARDS OR COURTS ONTO WHICH A
WINDOW OPENS PURSUANT TO SUCH SUBPARAGRAPH (I) MAY BE EXISTING OR NEW IN
BUILDINGS OF ANY HEIGHT, AND EXCEPT THAT THE RESTRICTIONS ON ENLARGE-
MENTS IN PARAGRAPH (D) OF SUBDIVISION SEVEN OF SUCH SECTION SHALL BE
S. 8006 90 A. 9006
UNDERSTOOD TO APPLY TO ANY INCREASE IN VOLUME OR FLOOR AREA OF A BUILD-
ING OR PORTION THEREOF THAT IS CONVERTED PURSUANT TO THIS SECTION.
(B) ANY LOCAL LAWS, ORDINANCES, RESOLUTIONS OR REGULATIONS PROMULGATED
AFTER THE EFFECTIVE DATE OF THIS SECTION, INCLUDING FOR PURPOSES OF
EXTENDING OR MODIFYING THE APPLICATION OF BUILDING CODES, CONSTRUCTION
CODES OR OTHER LOCAL LAWS TO ANY CONVERSIONS ALLOWED PURSUANT TO THIS
SECTION, SHALL BE CONSONANT WITH THE MANDATE AND INTENTIONS OF THIS
SECTION.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART EE
Section 1. Short title. This act shall be known and may be cited as
the "Transit Oriented Development act of 2022".
§ 2. The general city law is amended by adding a new section 20-h to
read as follows:
§ 20-H. TRANSIT ORIENTED DEVELOPMENT. 1. (A) NOTWITHSTANDING THE
PROVISIONS OF ANY GENERAL, SPECIAL, CHARTER, LOCAL, OR OTHER LAW,
INCLUDING THE COMMON LAW, TO THE CONTRARY, ALL CITIES SHALL PERMIT THE
CONSTRUCTION AND OCCUPATION OF DWELLING UNITS WITH A DENSITY OF AT LEAST
TWENTY-FIVE DWELLING UNITS PER ACRE, ON ANY LAND WHEREIN RESIDENTIAL
CONSTRUCTION AND OCCUPATION IS OTHERWISE PERMITTED IF SUCH LAND IS WITH-
IN ONE-HALF MILE OF ANY COVERED TRANSPORTATION FACILITY.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, A "COVERED TRANSPORTATION
CENTER" SHALL BE DEFINED AS:
(I) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE NEW
JERSEY TRANSIT CORPORATION, OR THE METROPOLITAN TRANSPORTATION AUTHOR-
ITY AND ITS AFFILIATED OR SUBSIDIARY AUTHORITIES, INCLUDING, BUT NOT
LIMITED TO, THE METRO-NORTH RAILROAD AND THE PORT AUTHORITY OF NEW
YORK AND NEW JERSEY, BUT NOT INCLUDING THE LONG ISLAND RAILROAD, WHERE
SUCH STATION IS NOT OPERATED ON A SEASONAL BASIS AND SUCH STATION IS
LOCATED BETWEEN ONE-HALF MILE AND SIXTY MILES FROM THE NEAREST BORDER
OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEAS-
URED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL
STATION; OR
(II) ANY BUS STOP OR STATION WITH DESIGNATED PARKING FOR RIDERS
LOCATED BETWEEN ONE-HALF MILE AND SIXTY MILES FROM THE NEAREST
BORDER OF A CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE AS
MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH BUS
STOP OR STATION; OR
(III) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE LONG
ISLAND RAILROAD THAT IS NOT LOCATED WITHIN A CITY WITH A POPULATION
GREATER THAN ONE MILLION PEOPLE.
2. NO CITY SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE
CONSTRUCTION OR OCCUPATION OF SUCH DWELLINGS, INCLUDING, BUT NOT LIMITED
TO HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING. NOTHING IN THIS
SECTION SHALL BE INTERPRETED TO OVERRIDE THE NEW YORK STATE ENVIRON-
MENTAL QUALITY REVIEW ACT OR THE NEW YORK STATE UNIFORM FIRE PREVENTION
AND BUILDING CODE ACT, OR REGULATIONS PROMULGATED IN ACCORDANCE WITH ANY
SUCH ACT, NOR REQUIRE THE ALTERATION OR DEMOLITION OF BUILDINGS DESIG-
NATED AS HISTORICAL SITES AS OF THE DATE THE ACT THAT CREATED THIS
SECTION WAS ENACTED PURSUANT TO THE NEW YORK STATE HISTORIC PRESERVATION
ACT OF 1980, AS AMENDED, OR THE NATIONAL HISTORIC PRESERVATION ACT OF
1966, AS AMENDED.
S. 8006 91 A. 9006
3. A CITY'S WRITTEN OR OTHER COMPREHENSIVE PLAN, ZONING REGULATIONS,
SPECIAL USE PERMIT REGULATIONS, SUBDIVISION REGULATIONS, SITE PLAN
REVIEW REGULATIONS, OR ANY PLANNING, ZONING, OR OTHER LAND USE TOOLS
ENACTED UNDER THIS TITLE, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL,
SPECIAL OR OTHER LAW, AS APPLICABLE, SHALL CONFORM TO THE REQUIREMENTS
SET FORTH IN THIS SECTION.
4. (A) UPON A FAILURE OF A LOCAL GOVERNMENT TO ACT UPON AN APPLICATION
TO CONSTRUCT OR OCCUPY RESIDENCES IN ACCORDANCE WITH THIS ACT, OR DENIAL
OF SUCH APPLICATION IN VIOLATION OF THIS SECTION, ANY PARTY AGGRIEVED BY
ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEEDING AGAINST THE
SUBJECT LOCAL GOVERNMENT AND THE OFFICER PURSUANT TO ARTICLE SEVENTY-
EIGHT OF THE CIVIL PRACTICE LAW AND RULES, IN THE SUPREME COURT WITHIN
THE JUDICIAL DISTRICT IN WHICH THE LOCAL GOVERNMENT OR THE GREATER
PORTION OF THE TERRITORY IS LOCATED, TO COMPEL COMPLIANCE WITH THE
PROVISIONS OF THIS SECTION.
(B) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE
COURT THAT TESTIMONY IS NECESSARY FOR THE PROPER DISPOSITION OF THE
MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER. ALTERNA-
TIVELY, THE COURT MAY APPOINT A HEARING OFFICER PURSUANT TO ARTICLE
FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI-
CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL
BE MADE. THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY
MODIFY ANY DECISION BROUGHT TO THE COURT FOR REVIEW.
(C) COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL GOVERNMENT AND THE
OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING,
UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL GOVERNMENT AND ITS
OFFICER ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE.
§ 3. The town law is amended by adding a new section 261-d to read as
follows:
§ 261-D. TRANSIT ORIENTED DEVELOPMENT. 1. (A) NOTWITHSTANDING THE
PROVISIONS OF ANY GENERAL, SPECIAL, CHARTER, LOCAL, OR OTHER LAW,
INCLUDING THE COMMON LAW, TO THE CONTRARY, ALL TOWNS SHALL PERMIT THE
CONSTRUCTION AND OCCUPATION OF DWELLING UNITS WITH A DENSITY OF TWENTY-
FIVE DWELLING UNITS PER ACRE OR MORE, ON ANY LAND WHEREIN RESIDENTIAL
CONSTRUCTION AND OCCUPATION IS OTHERWISE PERMITTED IF SUCH LAND IS WITH-
IN ONE-HALF MILE OF ANY COVERED TRANSPORTATION FACILITY.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, A "COVERED TRANSPORTATION
CENTER" SHALL BE DEFINED AS:
(I) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE NEW
JERSEY TRANSIT CORPORATION, OR THE METROPOLITAN TRANSPORTATION AUTHOR-
ITY AND ITS AFFILIATED OR SUBSIDIARY AUTHORITIES, INCLUDING, BUT NOT
LIMITED TO, THE METRO-NORTH RAILROAD AND THE PORT AUTHORITY OF NEW
YORK AND NEW JERSEY, BUT NOT INCLUDING THE LONG ISLAND RAILROAD, WHERE
SUCH STATION IS NOT OPERATED ON A SEASONAL BASIS AND SUCH STATION IS
LOCATED BETWEEN ONE-HALF MILE AND SIXTY MILES FROM THE NEAREST BORDER
OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS
MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
RAIL STATION; OR
(II) ANY BUS STOP OR STATION WITH DESIGNATED PARKING FOR RIDERS
LOCATED BETWEEN ONE-HALF MILE AND SIXTY MILES FROM THE NEAREST
BORDER OF A CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE AS
MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH BUS
STOP OR STATION; OR
S. 8006 92 A. 9006
(III) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE LONG
ISLAND RAILROAD THAT IS NOT LOCATED WITHIN A CITY WITH A POPULATION
GREATER THAN ONE MILLION PEOPLE.
2. NO TOWN SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE
CONSTRUCTION OR OCCUPATION OF SUCH DWELLINGS, INCLUDING, BUT NOT LIMITED
TO HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING. NOTHING IN THIS
SECTION SHALL BE INTERPRETED TO OVERRIDE THE NEW YORK STATE ENVIRON-
MENTAL QUALITY REVIEW ACT OR THE NEW YORK STATE UNIFORM FIRE PREVENTION
AND BUILDING CODE ACT, OR REGULATIONS PROMULGATED IN ACCORDANCE WITH ANY
SUCH ACT, NOR REQUIRE THE ALTERATION OR DEMOLITION OF BUILDINGS DESIG-
NATED AS HISTORICAL SITES AS OF THE DATE THE ACT THAT CREATED THIS
SECTION WAS ENACTED PURSUANT TO THE NEW YORK STATE HISTORIC PRESERVATION
ACT OF 1980, AS AMENDED, OR THE NATIONAL HISTORIC PRESERVATION ACT OF
1966, AS AMENDED.
3. A TOWN'S WRITTEN COMPREHENSIVE PLAN, ZONING REGULATIONS, SPECIAL
USE PERMIT REGULATIONS, SUBDIVISION REGULATIONS, SITE PLAN REVIEW REGU-
LATIONS, OR ANY PLANNING, ZONING, OR OTHER LAND USE TOOLS ENACTED UNDER
THIS TITLE, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR
OTHER LAW, AS APPLICABLE, SHALL CONFORM TO THE REQUIREMENTS SET FORTH IN
THIS SECTION.
4. (A) UPON A FAILURE OF A LOCAL GOVERNMENT TO ACT UPON AN APPLICATION
TO CONSTRUCT OR OCCUPY RESIDENCES IN ACCORDANCE WITH THIS ACT, OR DENIAL
OF SUCH APPLICATION IN VIOLATION OF THIS SECTION, ANY PARTY AGGRIEVED BY
ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEEDING AGAINST THE
SUBJECT LOCAL GOVERNMENT AND THE OFFICER PURSUANT TO ARTICLE SEVENTY-
EIGHT OF THE CIVIL PRACTICE LAW AND RULES, IN THE SUPREME COURT WITHIN
THE JUDICIAL DISTRICT IN WHICH THE LOCAL GOVERNMENT OR THE GREATER
PORTION OF THE TERRITORY IS LOCATED, TO COMPEL COMPLIANCE WITH THE
PROVISIONS OF THIS SECTION.
(B) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE
COURT THAT TESTIMONY IS NECESSARY FOR THE PROPER DISPOSITION OF THE
MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER. ALTERNA-
TIVELY, THE COURT MAY APPOINT A HEARING OFFICER PURSUANT TO ARTICLE
FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI-
CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL
BE MADE. THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY
MODIFY ANY DECISION BROUGHT TO THE COURT FOR REVIEW.
(C) COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL GOVERNMENT AND THE
OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING,
UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL GOVERNMENT AND ITS
OFFICER ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE.
§ 4. The village law is amended by adding a new section 7-700-a to
read as follows:
§ 7-700-A TRANSIT ORIENTED DEVELOPMENT. 1. (A) NOTWITHSTANDING THE
PROVISIONS OF ANY GENERAL, SPECIAL, CHARTER, LOCAL, OR OTHER LAW,
INCLUDING THE COMMON LAW, TO THE CONTRARY, ALL VILLAGES SHALL PERMIT THE
CONSTRUCTION AND OCCUPATION OF DWELLING UNITS WITH A DENSITY OF AT LEAST
TWENTY-FIVE DWELLING UNITS PER ACRE, ON ANY LAND WHEREIN RESIDENTIAL
CONSTRUCTION AND OCCUPATION IS OTHERWISE PERMITTED IF SUCH LAND IS WITH-
IN ONE-HALF MILE OF ANY COVERED TRANSPORTATION FACILITY.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, A "COVERED TRANSPORTATION
CENTER" SHALL BE DEFINED AS:
(I) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE NEW
JERSEY TRANSIT CORPORATION, OR THE METROPOLITAN TRANSPORTATION AUTHOR-
S. 8006 93 A. 9006
ITY AND ITS AFFILIATED OR SUBSIDIARY AUTHORITIES, INCLUDING, BUT NOT
LIMITED TO, THE METRO-NORTH RAILROAD AND THE PORT AUTHORITY OF NEW
YORK AND NEW JERSEY, BUT NOT INCLUDING THE LONG ISLAND RAILROAD, WHERE
SUCH STATION IS NOT OPERATED ON A SEASONAL BASIS AND SUCH STATION IS
LOCATED BETWEEN ONE-HALF MILE AND SIXTY MILES FROM THE NEAREST BORDER
OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS
MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
RAIL STATION; OR
(II) ANY BUS STOP OR STATION WITH DESIGNATED PARKING FOR RIDERS
LOCATED BETWEEN ONE-HALF MILE AND SIXTY MILES FROM THE NEAREST
BORDER OF A CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE AS
MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH BUS
STOP OR STATION; OR
(III) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE LONG
ISLAND RAILROAD THAT IS NOT LOCATED WITHIN A CITY WITH A POPULATION
GREATER THAN ONE MILLION PEOPLE.
2. NO VILLAGE SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE
CONSTRUCTION OR OCCUPATION OF SUCH DWELLINGS, INCLUDING, BUT NOT LIMITED
TO HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING. NOTHING IN THIS
SECTION SHALL BE INTERPRETED TO OVERRIDE THE NEW YORK STATE ENVIRON-
MENTAL QUALITY REVIEW ACT OR THE NEW YORK STATE UNIFORM FIRE PREVENTION
AND BUILDING CODE ACT, OR REGULATIONS PROMULGATED IN ACCORDANCE WITH ANY
SUCH ACT, NOR REQUIRE THE ALTERATION OR DEMOLITION OF BUILDINGS DESIG-
NATED AS HISTORICAL SITES AS OF THE DATE THE ACT THAT CREATED THIS
SECTION WAS ENACTED PURSUANT TO THE NEW YORK STATE HISTORIC PRESERVATION
ACT OF 1980, AS AMENDED, OR THE NATIONAL HISTORIC PRESERVATION ACT OF
1966, AS AMENDED.
3. A VILLAGE'S WRITTEN OR OTHER COMPREHENSIVE PLAN, ZONING REGU-
LATIONS, SPECIAL USE PERMIT REGULATIONS, SUBDIVISION REGULATIONS, SITE
PLAN REVIEW REGULATIONS, OR ANY OTHER PLANNING, ZONING, OR OTHER LAND
USE TOOLS ENACTED UNDER THIS ARTICLE, THE MUNICIPAL HOME RULE LAW, OR
ANY GENERAL, SPECIAL OR OTHER LAW, AS APPLICABLE, SHALL CONFORM TO THE
REQUIREMENTS SET FORTH IN THIS SECTION.
4. (A) UPON A FAILURE OF A LOCAL GOVERNMENT TO ACT UPON AN APPLICATION
TO CONSTRUCT OR OCCUPY RESIDENCES IN ACCORDANCE WITH THIS ACT, OR DENIAL
OF SUCH APPLICATION IN VIOLATION OF THIS SECTION, ANY PARTY AGGRIEVED BY
ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEEDING AGAINST THE
SUBJECT LOCAL GOVERNMENT AND THE OFFICER PURSUANT TO ARTICLE SEVENTY-
EIGHT OF THE CIVIL PRACTICE LAW AND RULES, IN THE SUPREME COURT WITHIN
THE JUDICIAL DISTRICT IN WHICH THE LOCAL GOVERNMENT OR THE GREATER
PORTION OF THE TERRITORY IS LOCATED, TO COMPEL COMPLIANCE WITH THE
PROVISIONS OF THIS SECTION.
(B) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE
COURT THAT TESTIMONY IS NECESSARY FOR THE PROPER DISPOSITION OF THE
MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER. ALTERNA-
TIVELY, THE COURT MAY APPOINT A HEARING OFFICER PURSUANT TO ARTICLE
FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI-
CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL
BE MADE. THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY
MODIFY ANY DECISION BROUGHT TO THE COURT FOR REVIEW.
(C) COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL GOVERNMENT AND THE
OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING,
UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL GOVERNMENT AND ITS
OFFICER ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE.
S. 8006 94 A. 9006
§ 5. This act shall take effect two years after the date on which it
shall have become a law.
PART FF
Section 1. Short title. This act shall be known and may be cited as
the "Fair Chance: Reforming the Use of Credit Checks in Tenant Screening
Act".
§ 2. The real property law is amended by adding a new section 227-g to
read as follows:
§ 227-G. CREDIT CHECKS IN TENANT SCREENING. 1. NO LANDLORD OF A RESI-
DENTIAL PREMISES SHALL REFUSE TO RENT OR OFFER A LEASE TO A POTENTIAL
TENANT DUE TO A POTENTIAL TENANT'S CONSUMER CREDIT HISTORY OR SCORE, OR
LACK THEREOF, IF THE POTENTIAL TENANT:
(A) MADE FULL RENT PAYMENTS WITHIN FIVE DAYS OF THE DATE THE RENT WAS
DUE FOR EACH OF THE TWELVE MONTHS IMMEDIATELY PRECEDING THE SUBMISSION
OF THE POTENTIAL TENANT'S RENTAL APPLICATION; PROVIDED, HOWEVER, THAT
FOR RENTAL APPLICATIONS SUBMITTED DURING OR PRIOR TO JUNE, TWO THOUSAND
TWENTY-TWO, MISSED OR LATE RENTAL PAYMENTS THAT ACCRUED BETWEEN MARCH,
TWO THOUSAND TWENTY AND JUNE, TWO THOUSAND TWENTY-ONE SHALL NOT BE
CONSIDERED CAUSE TO DENY AN APPLICATION. IN LIEU OF PAYMENTS DURING SUCH
EXEMPTED TIME PERIOD, A POTENTIAL TENANT MAY USE PAYMENTS MADE IMME-
DIATELY PRIOR TO MARCH OF TWO THOUSAND TWENTY TO DEMONSTRATE TWELVE
MONTHS OF CONSECUTIVE TIMELY RENTAL PAYMENTS;
(B) IS THE RECIPIENT OF OR A BENEFICIARY OF GOVERNMENT PROVIDED SUBSI-
DY OR PROGRAM THAT IS PAID DIRECTLY TO THE LANDLORD AND PAYS THE MONTHLY
RENT IN ITS ENTIRETY;
(C) HAS A CREDIT HISTORY OR REPORT WHEREIN ANY DELINQUENCIES,
COLLECTIONS, MONEY JUDGMENTS, LIENS OR OTHER DETRIMENTAL INFORMATION ARE
SOLELY DUE TO MEDICAL OR STUDENT LOAN DEBT; OR
(D) HAS A CREDIT HISTORY OR REPORT WHEREIN ANY DELINQUENCIES,
COLLECTIONS, MONEY JUDGMENTS, LIENS OR OTHER DETRIMENTAL INFORMATION ARE
THE DIRECT RESULT OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
OR STALKING.
2. IF A POTENTIAL LESSOR INTENDS TO DENY A POTENTIAL LESSEE'S RENTAL
APPLICATION DUE TO CREDIT HISTORY OR SCORE, SUCH LESSOR MUST INFORM THE
POTENTIAL LESSEE OF THE REASONS FOR THE DENIED APPLICATION IN WRITING
AND PROVIDE THE POTENTIAL LESSEE WITH AN OPPORTUNITY TO DEMONSTRATE THAT
ANY OF THE CONDITIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION APPLY
TO THEM WITHIN FIVE DAYS OF RECEIVING SUCH WRITTEN APPLICATION DENIAL.
3. THERE SHALL BE A REBUTTABLE PRESUMPTION THAT A PERSON IS IN
VIOLATION OF THIS SECTION IF IT IS ESTABLISHED THAT THE LESSOR REFUSED
TO RENT OR OFFER A LEASE TO A POTENTIAL TENANT AFTER SUCH LESSOR
REQUESTED CREDIT REPORT INFORMATION AND THE POTENTIAL TENANT DEMON-
STRATED THAT ANY OF THE CONDITIONS SET FORTH IN SUBDIVISION ONE OF THIS
SECTION APPLIED TO THEM.
4. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
TORY TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR
AGENT OR EMPLOYEE THEREOF HAS VIOLATED THIS SECTION, HE OR SHE MAY BRING
AN ACTION OR SPECIAL PROCEEDING IN THE SUPREME COURT FOR A JUDGMENT
ENJOINING THE CONTINUANCE OF SUCH VIOLATION AND FOR A CIVIL PENALTY OF
NOT LESS THAN FIVE HUNDRED DOLLARS, BUT NOT MORE THAN ONE THOUSAND
DOLLARS FOR EACH VIOLATION.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.
S. 8006 95 A. 9006
PART GG
Section 1. The executive law is amended by adding a new section 202-a
to read as follows:
§ 202-A. LANGUAGE TRANSLATION SERVICES. 1. EACH STATE AGENCY THAT
PROVIDES DIRECT PUBLIC SERVICES IN NEW YORK STATE SHALL TRANSLATE ALL
VITAL DOCUMENTS RELEVANT TO SERVICES OFFERED BY THE AGENCY INTO THE TEN
MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY LIMITED-ENGLISH PROFICIENT
INDIVIDUALS IN THE STATE, BASED ON THE DATA IN THE MOST RECENT AMERICAN
COMMUNITY SURVEY PUBLISHED BY UNITED STATES CENSUS BUREAU. AGENCIES
SUBJECT TO THIS SECTION, IN THEIR DISCRETION, SHALL OFFER AT LEAST TWO
ADDITIONAL LANGUAGES BEYOND THE TEN MOST COMMON LANGUAGES. SUCH
LANGUAGES SHALL BE DECIDED BY THE STATE AGENCY AND APPROVED BY THE
OFFICE OF GENERAL SERVICES BASED ON THE POPULATION OF LIMITED-ENGLISH
PROFICIENT INDIVIDUALS SERVED BY THE AGENCY, FEEDBACK FROM IMPACTED
COMMUNITY OR ADVOCACY GROUPS, THE GEOGRAPHIC REGION WITHIN WHICH THE
SERVICES ARE OFFERED, ANY OTHER RELEVANT DATA PUBLISHED BY THE UNITED
STATES CENSUS BUREAU.
2. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL DESIG-
NATE A LANGUAGE ACCESS COORDINATOR WHO WILL WORK WITH THE OFFICE OF
GENERAL SERVICES TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS
SECTION.
3. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL DEVELOP
A LANGUAGE ACCESS PLAN AND SUBMIT SUCH PLAN TO THE OFFICE OF GENERAL
SERVICES.
(A) AN AGENCY'S INITIAL LANGUAGE ACCESS PLAN SHALL BE ISSUED BY THE
AGENCY WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
(B) LANGUAGE ACCESS PLANS SHALL BE UPDATED AND REISSUED EVERY TWO
YEARS ON OR BEFORE JANUARY FIRST.
(C) LANGUAGE ACCESS PLANS SHALL SET FORTH, AT A MINIMUM:
(I) WHEN AND BY WHAT MEANS THE AGENCY WILL PROVIDE OR IS ALREADY
PROVIDING LANGUAGE ASSISTANCE SERVICES;
(II) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE
LANGUAGES INTO WHICH THEY HAVE BEEN TRANSLATED;
(III) THE NUMBER OF PUBLIC CONTACT POSITIONS IN THE AGENCY AND THE
NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS, AND THE
LANGUAGES SUCH EMPLOYEES SPEAK;
(IV) A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT MINIMUM,
ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AGENCY AND TRAIN-
ING IN HOW TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
(V) A PLAN FOR ANNUAL INTERNAL MONITORING OF THE AGENCY'S COMPLIANCE
WITH THIS SECTION;
(VI) A DESCRIPTION OF HOW THE AGENCY INTENDS TO NOTIFY THE PUBLIC OF
THE AGENCY'S OFFERED LANGUAGE ASSISTANT SERVICES;
(VII) AN ASSESSMENT OF THE AGENCY'S SERVICE POPULATIONS TO DETERMINE
WHETHER ADDITIONAL LANGUAGES OF TRANSLATION SHOULD BE ADDED BEYOND THE
TOP TEN LANGUAGES;
(VIII) AN EXPLANATION AS TO HOW THE AGENCY DETERMINED IT WOULD PROVIDE
ANY ADDITIONAL LANGUAGE BEYOND THE TOP TEN LANGUAGES REQUIRED BY THIS
SECTION; AND
(IX) THE IDENTITY OF THE AGENCY'S LANGUAGE ACCESS COORDINATOR.
4. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL:
(A) PROVIDE INTERPRETATION SERVICES BETWEEN THE AGENCY AND AN INDIVID-
UAL IN EACH INDIVIDUAL'S PRIMARY LANGUAGE WITH RESPECT TO THE PROVISION
OF SERVICES OR BENEFITS BY THE AGENCY; AND
(B) PUBLISH THE AGENCY'S LANGUAGE ACCESS PLAN ON THE AGENCY'S WEBSITE.
S. 8006 96 A. 9006
5. FOR PURPOSES OF THIS SECTION, "VITAL DOCUMENT" MEANS ANY PAPER OR
DIGITAL DOCUMENT THAT CONTAINS INFORMATION THAT IS CRITICAL FOR OBTAIN-
ING AGENCY SERVICES OR BENEFITS OR IS OTHERWISE REQUIRED TO BE COMPLETED
BY LAW.
6. THE OFFICE OF GENERAL SERVICES WILL ENSURE AGENCY COMPLIANCE WITH
THIS SECTION AND SHALL PREPARE AN ANNUAL REPORT, WHICH SHALL BE MADE
PUBLIC ON THE OFFICE OF GENERAL SERVICES WEBSITE, DETAILING EACH AGEN-
CY'S PROGRESS AND COMPLIANCE WITH THIS SECTION.
§ 2. This act shall take effect July 1, 2022.
PART HH
Section 1. Section 211 of the retirement and social security law is
amended by adding a new subdivision 9 to read as follows:
9. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, SECTIONS TWO
HUNDRED TWELVE AND FOUR HUNDRED ONE OF THIS CHAPTER AND SECTION FIVE
HUNDRED THREE OF THE EDUCATION LAW AND ANY OTHER LAW, REGULATION, RULE,
LOCAL LAW, OR CHARTER TO THE CONTRARY, A RETIRED PERSON MAY BE EMPLOYED
AND EARN COMPENSATION IN A POSITION OR POSITIONS IN A PUBLIC SCHOOL IN
THE STATE WITHOUT ANY EFFECT ON HIS OR HER STATUS AS RETIRED AND WITHOUT
SUSPENSION OR DIMINUTION OF HIS OR HER RETIREMENT ALLOWANCE AND WITHOUT
PRIOR APPROVAL PURSUANT TO SUBDIVISION TWO OF THIS SECTION. EARNINGS
RECEIVED AS A RESULT OF EMPLOYMENT IN A PUBLIC SCHOOL IN THE STATE SHALL
NOT BE APPLIED TO A RETIRED PERSON'S EARNINGS WHEN CALCULATING THE EARN-
INGS LIMITATIONS IMPOSED BY SUBDIVISIONS ONE AND TWO OF SECTION TWO
HUNDRED TWELVE OF THIS ARTICLE.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2024.
PART II
Section 1. The real property tax law is amended by adding a new
section 485-w to read as follows:
§ 485-W. AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE. 1.
DEFINITIONS. FOR PURPOSES OF THIS SECTION:
(A) "AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE BENEFITS
(HEREINAFTER REFERRED TO AS "ANNY PROGRAM BENEFITS")" SHALL MEAN THE
EXEMPTION FROM REAL PROPERTY TAXATION PURSUANT TO THIS SECTION.
(B) "AFFORDABILITY OPTION A" SHALL MEAN THAT, WITHIN ANY ELIGIBLE
MULTIPLE DWELLING: (I) NOT LESS THAN TEN PERCENT OF THE DWELLING UNITS
ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (II) NOT LESS THAN AN ADDI-
TIONAL TEN PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING SIXTY
PERCENT UNITS; AND (III) NOT LESS THAN AN ADDITIONAL FIVE PERCENT OF THE
DWELLING UNITS ARE AFFORDABLE HOUSING EIGHTY PERCENT UNITS.
(C) "AFFORDABILITY OPTION B" SHALL MEAN THAT, WITHIN ANY ELIGIBLE
MULTIPLE DWELLING, NOT LESS THAN TWENTY PERCENT OF THE DWELLING UNITS
ARE AFFORDABLE HOUSING NINETY PERCENT UNITS.
(D) "AFFORDABILITY OPTION C" SHALL ONLY APPLY TO A HOMEOWNERSHIP
PROJECT, OF WHICH ONE HUNDRED PERCENT OF THE UNITS SHALL, UPON INITIAL
SALE IMMEDIATELY SUBSEQUENT TO THE COMPLETION DATE AND UPON EACH SUBSE-
QUENT SALE FOR FORTY YEARS IMMEDIATELY SUBSEQUENT TO THE COMPLETION
DATE, BE AFFORDABLE TO INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME
DOES NOT EXCEED ONE HUNDRED THIRTY PERCENT OF THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE, AND WHERE EACH OWNER OF ANY SUCH UNIT SHALL
AGREE, IN WRITING, TO MAINTAIN SUCH UNIT AS THEIR PRIMARY RESIDENCE FOR
NO LESS THAN FIVE YEARS FROM THE ACQUISITION OF SUCH UNIT, AND SUCH
S. 8006 97 A. 9006
PROJECT IS SUBJECT TO A REGULATORY AGREEMENT WITH A CITY OR STATE AGEN-
CY.
(E) "AFFORDABILITY PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR OF
WHICH IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE
DWELLING AND THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER OF DWELLING
UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING.
(F) "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH
ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD
IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA MEDIAN
INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT.
(G) "AFFORDABLE HOUSING SIXTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH
ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD
OR EXTENDED RESTRICTION PERIOD, AS APPLICABLE, IS AFFORDABLE TO AND
RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD
INCOME DOES NOT EXCEED SIXTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED
FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH
DWELLING UNIT.
(H) "AFFORDABLE HOUSING EIGHTY PERCENT UNIT" SHALL MEAN A DWELLING
UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR
WHICH ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL
AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE
RESTRICTION PERIOD OR EXTENDED RESTRICTION PERIOD, AS APPLICABLE, IS
AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
WHOSE HOUSEHOLD INCOME DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN
INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT.
(I) "AFFORDABLE HOUSING NINETY PERCENT UNIT" SHALL MEAN A DWELLING
UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR
WHICH ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL
AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE
RESTRICTION PERIOD OR EXTENDED RESTRICTION PERIOD, AS APPLICABLE, IS
AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY PERCENT OF THE AREA MEDIAN
INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT.
(J) "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL-
LY, AFFORDABLE HOUSING FORTY PERCENT UNITS, AFFORDABLE HOUSING SIXTY
PERCENT UNITS, AFFORDABLE HOUSING EIGHTY PERCENT UNITS, AND AFFORDABLE
HOUSING NINETY PERCENT UNITS.
(K) "AGENCY" SHALL MEAN THE DEPARTMENT OF HOUSING PRESERVATION AND
DEVELOPMENT.
(L) "ALTERNATIVE CONSTRUCTION WAGE STANDARD" SHALL BE DEFINED AS A
WAGE STANDARD FOR CONSTRUCTION WORKERS DOING CONSTRUCTION WORK THAT MAY,
AT THE DISCRETION OF THE COMMISSIONER OF LABOR, BE DETERMINED BY THE
COMMISSIONER OF LABOR. IN PUBLISHING SUCH STANDARD, THE COMMISSIONER OF
LABOR, IN CONSULTATION WITH THE COMMISSIONER OF HOUSING AND COMMUNITY
RENEWAL, SHALL CONSIDER ECONOMIC INDICATORS THE COMMISSIONER OF LABOR
DEEMS RELEVANT TO ENSURING THE ECONOMIC FEASIBILITY OF AFFORDABLE HOUS-
ING DEVELOPMENT.
(M) "APPLICATION" SHALL MEAN AN APPLICATION FOR ANNY PROGRAM BENEFITS.
S. 8006 98 A. 9006
(N) "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO THE AGGREGATE
AMOUNT OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO, OR ON BEHALF OF,
CONSTRUCTION WORKERS FOR CONSTRUCTION WORK DIVIDED BY THE AGGREGATE
NUMBER OF HOURS OF CONSTRUCTION WORK.
(O) "BROOKLYN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS NOW
EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN COMMUNI-
TY BOARDS ONE OR TWO OF THE BOROUGH OF BROOKLYN BOUNDED AND DESCRIBED AS
FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING IN THE
BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT OF
INTERSECTION OF THE CENTERLINE OF NEWTOWN CREEK AND THE WESTERLY BOUNDS
OF THE EAST RIVER; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF NEWTOWN
CREEK, SAID CENTERLINE ALSO BEING THE BOUNDARY BETWEEN QUEENS COUNTY TO
THE NORTHEAST AND KINGS COUNTY TO THE SOUTHWEST, TO THE POINT OF INTER-
SECTION WITH GREENPOINT AVENUE; THENCE SOUTHWESTERLY ALONG GREENPOINT
AVENUE, TO THE INTERSECTION WITH KINGS LAND AVENUE; THENCE SOUTHERLY
ALONG KINGSLAND AVENUE TO THE INTERSECTION WITH MEEKER AVENUE; THENCE
SOUTHWESTERLY ALONG MEEKER AVENUE TO THE INTERSECTION WITH LEONARD
STREET; THENCE SOUTHERLY ALONG LEONARD STREET TO THE INTERSECTION WITH
METROPOLITAN AVENUE; THENCE WESTERLY ALONG METROPOLITAN AVENUE TO THE
INTERSECTION WITH LORIMER STREET; THENCE SOUTHERLY ALONG LORIMER STREET
TO THE INTERSECTION WITH MONTROSE AVENUE; THENCE WESTERLY ALONG MONTROSE
AVENUE TO THE INTERSECTION WITH UNION AVENUE; THENCE SOUTHERLY ALONG
UNION AVENUE TO THE INTERSECTION WITH JOHNSON AVENUE; THENCE WESTERLY
ALONG JOHNSON AVENUE TO THE INTERSECTION WITH BROADWAY; THENCE NORTHWES-
TERLY ALONG BROADWAY TO THE INTERSECTION WITH RUTLEDGE STREET; THENCE
SOUTHWESTERLY ALONG RUTLEDGE STREET TO THE INTERSECTION WITH KENT AVENUE
AND CLASSON AVENUE; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG CLASSON
AVENUE TO THE INTERSECTION WITH DEKALB AVENUE; THENCE WESTERLY ALONG
DEKALB AVENUE TO THE INTERSECTION WITH BOND STREET; THENCE SOUTHWESTERLY
ALONG BOND STREET TO THE INTERSECTION WITH WYCKOFF STREET; THENCE
NORTHWESTERLY ALONG WYCKOFF STREET TO THE INTERSECTION WITH HOYT STREET;
THENCE SOUTHWESTERLY ALONG HOYT STREET TO THE INTERSECTION WITH WARREN
STREET; THENCE NORTHWESTERLY ALONG WARREN STREET TO THE INTERSECTION
WITH COURT STREET; THENCE NORTHEASTERLY ALONG COURT STREET TO THE INTER-
SECTION WITH ATLANTIC AVENUE; THENCE NORTHWESTERLY ALONG ATLANTIC
AVENUE, CROSSING UNDER THE BROOKLYN QUEENS EXPRESSWAY, TO THE TERMINUS
OF ATLANTIC AVENUE AT THE BROOKLYN BRIDGE PARK/PIER 6; THENCE NORTHWES-
TERLY PASSING THROUGH THE BROOKLYN BRIDGE PARK TO THE BULKHEAD OF THE
EAST RIVER AT PIER 6; THENCE IN A GENERAL NORTHEASTERLY DIRECTION ALONG
THE EASTERLY BULKHEAD OR SHORELINE OF THE EAST RIVER TO THE INTERSECTION
WITH THE CENTERLINE OF NEWTOWN CREEK, AND THE POINT OR PLACE OF BEGIN-
NING.
(P) "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY
EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE-
NANCE OF, AN ELIGIBLE SITE, INCLUDING, BUT NOT LIMITED TO, A WATCHMAN,
GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR, GARDENER,
GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND WINDOW CLEANER, BUT
NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS
PER WEEK AT THE ELIGIBLE SITE.
(Q) "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING, THE DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF
INITIAL FOOTINGS AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR
AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF
THE CONVERSION, ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING
OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH.
S. 8006 99 A. 9006
(R) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTI-
PLE DWELLING, THE DATE UPON WHICH THE LOCAL DEPARTMENT OF BUILDINGS
ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVER-
ING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELLING.
(S) "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE-
MENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING OR THREE YEARS BEFORE THE
COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING; AND (II) ENDING ON
THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELL-
ING.
(T) "CONSTRUCTION WAGE" SHALL MEAN, COLLECTIVELY, THE ALTERNATIVE
CONSTRUCTION WAGE STANDARD AND THE AVERAGE HOURLY WAGE.
(U) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED ON
AN ELIGIBLE SITE BETWEEN THE COMMENCEMENT DATE AND THE COMPLETION DATE,
WHEREBY MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO INITIALLY FORM,
MAKE OR BUILD AN ELIGIBLE MULTIPLE DWELLING, INCLUDING WITHOUT LIMITA-
TION, PAINTING, OR PROVIDING OF MATERIAL, ARTICLES, SUPPLIES OR EQUIP-
MENT IN THE ELIGIBLE MULTIPLE DWELLING, BUT EXCLUDING SECURITY PERSONNEL
AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES.
(V) "CONSTRUCTION WORKERS" SHALL MEAN ALL PERSONS PERFORMING
CONSTRUCTION WORK WHO (I) ARE PAID ON AN HOURLY BASIS AND (II) ARE NOT
IN A MANAGEMENT OR EXECUTIVE ROLE OR POSITION.
(W) "CONTRACTOR CERTIFIED PAYROLL REPORT" SHALL MEAN AN ORIGINAL
PAYROLL REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE INDE-
PENDENT MONITOR SETTING FORTH TO THE BEST OF THE CONTRACTOR'S OR SUB-
CONTRACTOR'S KNOWLEDGE, THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK
PERFORMED BY CONSTRUCTION WORKERS, THE AMOUNT OF WAGES AND EMPLOYEE
BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.
(X) "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION, ALTERATION OR
IMPROVEMENT OF A PRE-EXISTING BUILDING OR STRUCTURE RESULTING IN A
MULTIPLE DWELLING IN WHICH NO MORE THAN FORTY-NINE PERCENT OF THE FLOOR
AREA CONSISTS OF SUCH PRE-EXISTING BUILDING OR STRUCTURE.
(Y) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING OR
HOMEOWNERSHIP PROJECT CONTAINING SIX OR MORE DWELLING UNITS CREATED
THROUGH NEW CONSTRUCTION OR ELIGIBLE CONVERSION FOR WHICH THE COMMENCE-
MENT DATE IS AFTER JUNE FIFTEENTH, TWO THOUSAND TWENTY-TWO AND ON OR
BEFORE JUNE FIFTEENTH, TWO THOUSAND TWENTY-SEVEN, AND FOR WHICH THE
COMPLETION DATE IS ON OR BEFORE JUNE FIFTEENTH, TWO THOUSAND THIRTY-ONE.
(Z) "ELIGIBLE SITE" SHALL MEAN EITHER: (I) A TAX LOT CONTAINING AN
ELIGIBLE MULTIPLE DWELLING; OR (II) A ZONING LOT CONTAINING TWO OR MORE
ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION.
(AA) "EMPLOYEE BENEFITS" SHALL MEAN ALL SUPPLEMENTAL COMPENSATION PAID
BY THE EMPLOYER, ON BEHALF OF CONSTRUCTION WORKERS, OTHER THAN WAGES,
INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS MADE INTO
PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY
COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND
APPRENTICESHIP TRAINING. THE VALUE OF ANY EMPLOYEE BENEFITS RECEIVED
SHALL BE DETERMINED BASED ON THE PRORATED HOURLY COST TO THE EMPLOYER OF
THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS.
(BB) "PRIME DEVELOPMENT AREA" SHALL MEAN THE MANHATTAN PRIME DEVELOP-
MENT AREA, THE BROOKLYN PRIME DEVELOPMENT AREA AND THE QUEENS PRIME
DEVELOPMENT AREA.
(CC) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS
OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
(DD) "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL
FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSO-
S. 8006 100 A. 9006
RY STRUCTURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR
WALLS, OR FROM THE CENTER LINE OF PARTY WALLS.
(EE) "FOUR PERCENT TAX CREDITS" SHALL MEAN FEDERAL LOW-INCOME HOUSING
TAX CREDITS COMPUTED IN ACCORDANCE WITH CLAUSE (II) OF SUBPARAGRAPH (B)
OF PARAGRAPH (1) OF SUBSECTION (B) OF SECTION FORTY-TWO OF THE INTERNAL
REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
(FF) "FORTY-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD,
A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN
ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (II) FOR THE FIRST FORTY YEARS
OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL
PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS.
(GG) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE DWELLING OPERATED
AS CONDOMINIUM OR COOPERATIVE HOUSING.
(HH) "HOMEOWNERSHIP PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD
COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE FORTIETH ANNIVER-
SARY OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION OR
REVOCATION OF ANNY PROGRAM BENEFITS.
(II) "INDEPENDENT MONITOR" SHALL MEAN AN ACCOUNTANT LICENSED AND IN
GOOD STANDING PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCA-
TION LAW.
(JJ) "JOB ACTION" SHALL MEAN ANY DELAY, INTERRUPTION OR INTERFERENCE
WITH THE CONSTRUCTION WORK CAUSED BY THE ACTIONS OF ANY LABOR ORGANIZA-
TION OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE SITE, INCLUD-
ING WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES, WALK
OUTS, SLOWDOWNS, PICKETING, BANNERING, HAND BILLING, DEMONSTRATIONS,
SICKOUTS, REFUSALS TO CROSS A PICKET LINE, REFUSALS TO HANDLE STRUCK
BUSINESS, AND USE OF THE RAT OR OTHER INFLATABLE BALLOONS OR SIMILAR
DISPLAYS.
(KK) "LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE MULTIPLE DWELLING
CONSISTING OF THIRTY OR MORE RESIDENTIAL DWELLING UNITS IN WHICH ALL
DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUS-
ING.
(LL) "LARGE RENTAL PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD
COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITH-
STANDING ANY EARLIER TERMINATION OR REVOCATION OF ANNY PROGRAM BENEFITS.
(MM) "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS, NOW
EXISTING OR HEREAFTER CREATED, LOCATED ENTIRELY SOUTH OF 96TH STREET IN
THE BOROUGH OF MANHATTAN.
(NN) "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
(OO) "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING SET FORTH IN
SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
(PP) "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT
CONTAIN ANY DWELLING UNITS.
(QQ) "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE
BARGAINING AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS OF EMPLOY-
MENT FOR THE CONSTRUCTION WORKERS ON AN ELIGIBLE SITE.
(RR) "PROJECT-WIDE CERTIFIED PAYROLL REPORT" SHALL MEAN A CERTIFIED
PAYROLL REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE FISCAL OFFI-
CER BASED ON EACH CONTRACTOR CERTIFIED PAYROLL REPORT WHICH SETS FORTH
THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION
WORKERS, THE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION
WORKERS FOR CONSTRUCTION WORK AND THE CONSTRUCTION WAGE.
(SS) "QUEENS PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS NOW
EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN COMMUNI-
TY BOARDS ONE OR TWO OF THE BOROUGH OF QUEENS BOUNDED AND DESCRIBED AS
S. 8006 101 A. 9006
FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING IN THE
BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT BEING
THE INTERSECTION OF THE EASTERLY SHORE OF THE EAST RIVER WITH A LINE OF
PROLONGATION OF 20TH AVENUE PROJECTED NORTHWESTERLY; THENCE SOUTHEASTER-
LY ON THE LINE OF PROLONGATION OF 20TH AVENUE AND ALONG 20TH AVENUE TO
THE INTERSECTION WITH 31ST STREET; THENCE SOUTHWESTERLY ALONG 31ST
STREET TO THE INTERSECTION WITH NORTHERN BOULEVARD; THENCE SOUTHWESTERLY
ALONG NORTHERN BOULEVARD TO THE INTERSECTION WITH QUEENS BOULEVARD;
THENCE SOUTHEASTERLY ALONG QUEENS BOULEVARD TO THE INTERSECTION WITH VAN
DAM STREET; THENCE SOUTHERLY ALONG VAN DAM STREET TO THE INTERSECTION
WITH BORDEN AVENUE; THENCE SOUTHWESTERLY ALONG VAN DAM STREET TO THE
INTERSECTION WITH GREENPOINT AVENUE AND REVIEW AVENUE; THENCE SOUTHWES-
TERLY ALONG GREENPOINT AVENUE TO THE POINT OF INTERSECTION WITH THE
CENTERLINE OF NEWTOWN CREEK, SAID CENTERLINE OF NEWTOWN CREEK ALSO BEING
THE BOUNDARY BETWEEN QUEENS COUNTY TO THE NORTH AND KINGS COUNTY TO THE
SOUTH; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF NEWTOWN CREEK, ALSO
BEING THE BOUNDARY BETWEEN QUEENS COUNTY AND KINGS COUNTY TO ITS INTER-
SECTION WITH THE EASTERLY BOUNDS OF THE EAST RIVER; THENCE IN A GENERAL
NORTHEASTERLY DIRECTION ALONG THE EASTERLY BULKHEAD OR SHORELINE OF THE
EAST RIVER TO THE POINT OR PLACE OF BEGINNING.
(TT) "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILI-
ZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE,
AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS
IN EFFECT AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND TWENTY-TWO THAT ADDED THIS SECTION OR AS AMENDED THEREAFTER,
TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTAN-
TIALLY THE SAME SUBJECT MATTER.
(UU) "RENTAL PROJECT" SHALL MEAN, COLLECTIVELY, LARGE RENTAL PROJECT
AND SMALL RENTAL PROJECT.
(VV) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
UNITS.
(WW) "SMALL RENTAL PROJECT" SHALL MEAN AN ELIGIBLE MULTIPLE DWELLING
CONSISTING OF LESS THAN THIRTY RESIDENTIAL DWELLING UNITS IN WHICH ALL
DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUS-
ING.
(XX) "SMALL RENTAL PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD
COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE THIRTY-FIFTH ANNI-
VERSARY OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION
OR REVOCATION OF ANNY PROJECT BENEFITS.
(YY) "TAX EXEMPT BOND PROCEEDS" SHALL MEAN THE PROCEEDS OF AN EXEMPT
FACILITY BOND, AS DEFINED IN PARAGRAPH SEVEN OF SUBSECTION (A) OF
SECTION ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE OF NINETEEN
HUNDRED EIGHTY-SIX, AS AMENDED, THE INTEREST UPON WHICH IS EXEMPT FROM
TAXATION UNDER SECTION ONE HUNDRED THREE OF THE INTERNAL REVENUE CODE OF
NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
(ZZ) "THIRD-PARTY FUND ADMINISTRATOR" SHALL BE A PERSON OR ENTITY THAT
RECEIVES FUNDS PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND OVER-
SEES AND MANAGES THE DISBURSAL OF SUCH FUNDS TO CONSTRUCTION WORKERS.
THE THIRD-PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY APPROVED
BY THE FISCAL OFFICER AND RECOMMENDED BY ONE, OR MORE, REPRESENTATIVE OR
REPRESENTATIVES OF THE LARGEST TRADE ASSOCIATION OF RESIDENTIAL REAL
ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY
AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE
LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION WORKERS, WITH
MEMBERSHIP IN NEW YORK CITY. THE THIRD-PARTY FUND ADMINISTRATOR SHALL
BE APPOINTED FOR A TERM OF THREE YEARS, PROVIDED, HOWEVER, THAT THE
S. 8006 102 A. 9006
ADMINISTRATOR IN PLACE AT THE END OF A THREE-YEAR TERM SHALL CONTINUE TO
SERVE BEYOND THE END OF THE TERM UNTIL A REPLACEMENT ADMINISTRATOR IS
APPOINTED. THE FISCAL OFFICER AFTER PROVIDING NOTICE AND AFTER MEETING
WITH THE THIRD-PARTY FUND ADMINISTRATOR, MAY REMOVE SUCH ADMINISTRATOR
FOR CAUSE UPON A FISCAL OFFICER DETERMINATION THAT THE ADMINISTRATOR HAS
BEEN INEFFECTIVE AT OVERSEEING OR MANAGING THE DISBURSAL OF FUNDS TO THE
CONSTRUCTION WORKERS. THE THIRD-PARTY FUND ADMINISTRATOR SHALL, AT THE
REQUEST OF THE FISCAL OFFICER, SUBMIT REPORTS TO THE FISCAL OFFICER.
(AAA) "THIRTY-FIVE YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION
PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,
OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST TWEN-
TY-FIVE YEARS OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION
FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVE-
MENTS; AND (III) FOR THE FINAL TEN YEARS OF THE RESTRICTION PERIOD, AN
EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL
IMPROVEMENTS, EQUAL TO THE AFFORDABILITY PERCENTAGE.
(BBB) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS OF
ANY KIND PAID TO, OR ON BEHALF OF, CONSTRUCTION WORKERS, INCLUDING,
WITHOUT LIMITATION, ANY HOURLY COMPENSATION PAID DIRECTLY TO THE
CONSTRUCTION WORKER, TOGETHER WITH EMPLOYEE BENEFITS, SUCH AS HEALTH,
WELFARE, NON-OCCUPATIONAL DISABILITY COVERAGE, RETIREMENT, VACATION
BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING, AND
PAYROLL TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL AMOUNTS
PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI-
TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL
UNEMPLOYMENT INSURANCE AND PURSUANT TO THE FEDERAL INSURANCE CONTRIB-
UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER.
2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE,
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS SECTION
OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, NEW ELIGIBLE
MULTIPLE DWELLINGS, EXCEPT HOTELS, THAT COMPLY WITH THE PROVISIONS OF
THIS SECTION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN
ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS
SPECIFIED IN THIS SECTION. A RENTAL PROJECT THAT MEETS ALL OF THE
REQUIREMENTS OF THIS SECTION SHALL RECEIVE A THIRTY-FIVE YEAR BENEFIT
AND A HOMEOWNERSHIP PROJECT THAT MEETS ALL OF THE REQUIREMENTS OF THIS
SECTION SHALL RECEIVE A FORTY-YEAR BENEFIT.
3. RENTAL PROJECTS. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN
THIS SECTION, RENTAL PROJECTS CONTAINING THREE HUNDRED OR MORE RENTAL
DWELLING UNITS LOCATED WITHIN THE PRIME DEVELOPMENT AREA SHALL COMPLY
WITH THE REQUIREMENTS SET FORTH IN THIS SUBDIVISION. FOR PURPOSES OF
THIS SUBDIVISION, "CONTRACTOR" SHALL MEAN ANY ENTITY WHICH BY AGREEMENT
WITH ANOTHER PARTY, INCLUDING SUB-CONTRACTORS, UNDERTAKES TO PERFORM
CONSTRUCTION WORK AT AN ELIGIBLE SITE AND "APPLICANT" SHALL MEAN AN
APPLICANT FOR ANNY PROGRAM BENEFITS AND ANY SUCCESSOR THERETO.
(A) SUCH RENTAL PROJECT SHALL COMPLY WITH AFFORDABILITY OPTION A.
(B) CONSTRUCTION WORKERS ON AN ELIGIBLE SITE WITHIN THE MANHATTAN
PRIME DEVELOPMENT AREA SHALL BE PAID ACCORDING TO THE ALTERNATIVE
CONSTRUCTION WAGE STANDARD, WHICH MAY, AT THE DISCRETION OF THE COMMIS-
SIONER OF LABOR, BE DETERMINED BY THE COMMISSIONER OF LABOR. UNTIL SUCH
TIME AS SUCH STANDARD IS DETERMINED BY THE COMMISSIONER OF LABOR, THE
MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN ELIGIBLE
SITE WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA SHALL BE NO LESS THAN
SIXTY-THREE DOLLARS PER HOUR. ONE YEAR FROM THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO THAT ADDED THIS SECTION
AND EVERY THREE YEARS THEREAFTER, THE MINIMUM AVERAGE HOURLY WAGE SHALL
S. 8006 103 A. 9006
BE INCREASED BY FIVE PERCENT; PROVIDED, HOWEVER, THAT ANY BUILDING WITH
A COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH INCREASE SHALL BE REQUIRED
TO PAY THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED ON ITS COMMENCEMENT
DATE.
(C) CONSTRUCTION WORKERS ON AN ELIGIBLE SITE WITHIN THE BROOKLYN PRIME
DEVELOPMENT AREA OR THE QUEENS PRIME DEVELOPMENT AREA SHALL BE PAID
ACCORDING TO THE ALTERNATIVE CONSTRUCTION WAGE STANDARD, WHICH MAY, AT
THE DISCRETION OF THE COMMISSIONER OF LABOR, BE DETERMINED BY THE
COMMISSIONER OF LABOR. UNTIL SUCH TIME AS SUCH STANDARD IS DETERMINED BY
THE COMMISSIONER OF LABOR, THE MINIMUM AVERAGE HOURLY WAGE PAID TO
CONSTRUCTION WORKERS ON AN ELIGIBLE SITE WITHIN THE BROOKLYN PRIME
DEVELOPMENT AREA OR THE QUEENS PRIME DEVELOPMENT AREA SHALL BE NO LESS
THAN FORTY-SEVEN DOLLARS AND TWENTY-FIVE CENTS PER HOUR. ONE YEAR FROM
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO
THAT ADDED THIS SECTION AND EVERY THREE YEARS THEREAFTER, THE MINIMUM
AVERAGE HOURLY WAGE SHALL BE INCREASED BY FIVE PERCENT; PROVIDED, HOWEV-
ER, THAT ANY BUILDING WITH A COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH
INCREASE SHALL BE REQUIRED TO PAY THE MINIMUM AVERAGE HOURLY WAGE AS
REQUIRED ON ITS COMMENCEMENT DATE.
(D) THE REQUIREMENTS OF PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION
SHALL NOT BE APPLICABLE TO:
(I) AN ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY PERCENT OF
THE DWELLING UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL
FOLLOWING A VACANCY DURING THE EXTENDED RESTRICTION PERIOD, ARE AFFORDA-
BLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE
HOUSEHOLD INCOME DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN
INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT;
(II) ANY PORTION OF AN ELIGIBLE MULTIPLE DWELLING WHICH IS OWNED AND
OPERATED AS A CONDOMINIUM OR COOPERATIVE; OR
(III) AT THE OPTION OF THE APPLICANT, TO AN ELIGIBLE SITE SUBJECT TO A
PROJECT LABOR AGREEMENT.
(E) THE APPLICANT SHALL CONTRACT WITH AN INDEPENDENT MONITOR. SUCH
INDEPENDENT MONITOR SHALL SUBMIT TO THE FISCAL OFFICER WITHIN ONE YEAR
OF THE COMPLETION DATE, A PROJECT-WIDE CERTIFIED PAYROLL REPORT. IN THE
EVENT SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE
FISCAL OFFICER WITHIN THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT
TO A FINE OF ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF;
PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
IN THE EVENT THAT THE WAGE PAID IS LESS THAN THE CONSTRUCTION WAGE SET
FORTH IN PARAGRAPH (B) OR (C) OF THIS SUBDIVISION AS APPLICABLE, THE
PROJECT-WIDE CERTIFIED PAYROLL REPORT SHALL ALSO SET FORTH THE AMOUNT OF
SUCH DEFICIENCY.
(F) THE CONTRACTOR CERTIFIED PAYROLL REPORT SHALL BE SUBMITTED BY EACH
CONTRACTOR AND SUB-CONTRACTOR NO LATER THAN NINETY DAYS AFTER THE
COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN
THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT
THE CONTRACTOR CERTIFIED PAYROLL REPORT WITHIN THE TIME PRESCRIBED IN
THIS PARAGRAPH, THE INDEPENDENT MONITOR SHALL NOTIFY THE FISCAL OFFICER
AND THE FISCAL OFFICER SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR
SUB-CONTRACTOR IN THE AMOUNT OF ONE THOUSAND DOLLARS PER WEEK, OR ANY
PORTION THEREOF, PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE
THOUSAND DOLLARS.
(G) IN THE EVENT THAT THE PROJECT-WIDE CERTIFIED PAYROLL REPORT SHOWS
THAT THE WAGE PAID AS REQUIRED BY PARAGRAPH (B) OR (C) OF THIS SUBDIVI-
SION, AS APPLICABLE, WAS NOT PAID, IF THE WAGE PAID IS WITHIN FIFTEEN
S. 8006 104 A. 9006
PERCENT OF THE CONSTRUCTION WAGE REQUIRED BY PARAGRAPH (B) OR (C) OF
THIS SUBDIVISION, AS APPLICABLE, THEN NO LATER THAN ONE HUNDRED TWENTY
DAYS FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED PAYROLL
REPORT, THE APPLICANT SHALL PAY TO THE THIRD-PARTY FUND ADMINISTRATOR AN
AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN THE PROJECT-
WIDE CERTIFIED PAYROLL REPORT. THE THIRD-PARTY FUND ADMINISTRATOR SHALL
DISTRIBUTE SUCH PAYMENT TO THE CONSTRUCTION WORKERS WHO PERFORMED
CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH REPAYMENT,
THE THIRD-PARTY FUND ADMINISTRATOR SHALL SUBMIT TO THE FISCAL OFFICER A
PLAN SUBJECT TO THE FISCAL OFFICER'S APPROVAL SETTING FORTH THE MANNER
IN WHICH THE THIRD-PARTY FUND ADMINISTRATOR WILL REACH THE REQUIRED
CONSTRUCTION WAGE WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT
FROM THE APPLICANT AND HOW ANY REMAINING FUNDS WILL BE DISBURSED IN THE
EVENT THAT THE THIRD-PARTY FUND ADMINISTRATOR CANNOT DISTRIBUTE THE
FUNDS TO THE CONSTRUCTION WORKERS WITHIN ONE YEAR OF RECEIVING FISCAL
OFFICER APPROVAL. IN THE EVENT THAT THE APPLICANT FAILS TO MAKE SUCH
PAYMENT WITHIN THE TIME PERIOD PRESCRIBED IN THIS PARAGRAPH, THE APPLI-
CANT SHALL BE SUBJECT TO A FINE OF ONE THOUSAND DOLLARS PER WEEK
PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
IF THE WAGE PAID IS MORE THAN FIFTEEN PERCENT BELOW THE CONSTRUCTION
WAGE REQUIRED BY PARAGRAPH (B) OR (C) OF THIS SUBDIVISION, AS APPLICA-
BLE, THEN NO LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE OF
SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT
SHALL PAY TO THE THIRD-PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL TO THE
AMOUNT OF THE DEFICIENCY SET FORTH IN THE PROJECT-WIDE PAYROLL REPORT.
THE THIRD-PARTY FUND ADMINISTRATOR SHALL DISTRIBUTE SUCH PAYMENT TO THE
CONSTRUCTION WORKERS WHO PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE
SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR
SHALL SUBMIT TO THE FISCAL OFFICER A PLAN SUBJECT TO THE FISCAL OFFI-
CER'S APPROVAL SETTING FORTH THE MANNER IN WHICH THE THIRD-PARTY FUND
ADMINISTRATOR WILL REACH THE REQUIRED CONSTRUCTION WAGE WITHIN ONE
HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT FROM THE APPLICANT AND HOW
ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE THIRD-PARTY
FUND ADMINISTRATOR CANNOT DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORK-
ERS WITHIN ONE YEAR OF RECEIVING FISCAL OFFICER APPROVAL. IN ADDITION,
THE FISCAL OFFICER SHALL IMPOSE A PENALTY ON THE APPLICANT IN AN AMOUNT
EQUAL TO TWENTY-FIVE PERCENT OF THE AMOUNT OF THE DEFICIENCY, PROVIDED,
HOWEVER, THAT THE FISCAL OFFICER SHALL NOT IMPOSE SUCH PENALTY WHERE THE
ELIGIBLE MULTIPLE DWELLING HAS BEEN THE SUBJECT OF A JOB ACTION WHICH
RESULTS IN A WORK DELAY. IN THE EVENT THAT THE APPLICANT FAILS TO MAKE
SUCH PAYMENT WITHIN THE TIME PERIOD PRESCRIBED IN THIS PARAGRAPH, THE
APPLICANT SHALL BE SUBJECT TO A FINE OF ONE THOUSAND DOLLARS PER WEEK,
PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION, THE APPLICANT SHALL
NOT BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY PAYMENTS, FINES OR
PENALTIES RELATED TO OR RESULTING FROM CONTRACTOR FRAUD, MISTAKE, OR
NEGLIGENCE OR FOR FRAUDULENT OR INACCURATE CONTRACTOR CERTIFIED PAYROLL
REPORTS OR FOR FRAUDULENT OR INACCURATE PROJECT-WIDE CERTIFIED PAYROLL
REPORTS, PROVIDED, HOWEVER, THAT PAYMENT TO THE THIRD-PARTY FUND ADMIN-
ISTRATOR IN THE AMOUNT SET FORTH IN THE PROJECT-WIDE CERTIFIED PAYROLL
REPORT AS DESCRIBED IN THIS PARAGRAPH SHALL STILL BE MADE BY THE
CONTRACTOR OR SUB-CONTRACTOR IN THE EVENT OF UNDERPAYMENT RESULTING FROM
OR CAUSED BY THE CONTRACTOR OR SUB-CONTRACTOR, AND THAT THE APPLICANT
WILL BE LIABLE FOR UNDERPAYMENT TO THE THIRD-PARTY FUND ADMINISTRATOR
UNLESS THE FISCAL OFFICER DETERMINES, IN ITS SOLE DISCRETION, THAT THE
UNDERPAYMENT WAS THE RESULT OF, OR CAUSED BY, CONTRACTOR FRAUD, MISTAKE
S. 8006 105 A. 9006
OR NEGLIGENCE AND/OR FOR FRAUDULENT OR INACCURATE CONTRACTOR CERTIFIED
PAYROLL REPORTS AND/OR PROJECT-WIDE CERTIFIED PAYROLL REPORTS. THE
APPLICANT SHALL OTHERWISE NOT BE LIABLE IN ANY WAY WHATSOEVER ONCE THE
PAYMENT TO THE THIRD-PARTY FUND ADMINISTRATOR HAS BEEN MADE IN THE
AMOUNT SET FORTH IN THE PROJECT-WIDE CERTIFIED PAYROLL REPORT. OTHER
THAN THE UNDERPAYMENT, WHICH MUST BE PAID TO THE THIRD-PARTY FUND ADMIN-
ISTRATOR, ALL FINES AND PENALTIES SET FORTH IN THIS SUBDIVISION IMPOSED
BY THE FISCAL OFFICER SHALL BE PAID TO THE AGENCY AND USED BY THE AGENCY
TO PROVIDE AFFORDABLE HOUSING.
(H) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO CONFER A PRIVATE
RIGHT OF ACTION TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION, PROVIDED,
HOWEVER, THAT THIS SENTENCE SHALL NOT BE CONSTRUED AS A WAIVER OF ANY
EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR REPRESENTATIVES RELATED
TO WAGE AND BENEFIT COLLECTION, WAGE THEFT OR OTHER LABOR PROTECTIONS OR
RIGHTS AND PROVIDED, FURTHER, THAT NOTHING IN THIS SUBDIVISION RELIEVES
ANY OBLIGATIONS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
(I) THE FISCAL OFFICER SHALL HAVE THE SOLE AUTHORITY TO DETERMINE AND
ENFORCE ANY LIABILITY FOR UNDERPAYMENT OWING TO THE THIRD-PARTY FUND
ADMINISTRATOR FROM THE APPLICANT AND/OR THE CONTRACTOR, AS A RESULT OF
CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR FRAUDULENT OR INACCU-
RATE CONTRACTOR CERTIFIED PAYROLL REPORTS AND/OR PROJECT-WIDE CERTIFIED
PAYROLL REPORTS, AS SET FORTH IN PARAGRAPH (F) OF THIS SUBDIVISION. THE
FISCAL OFFICER SHALL EXPEDITIOUSLY CONDUCT AN INVESTIGATION AND HEARING
AT THE NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS, SHALL
DETERMINE THE ISSUES RAISED THEREON AND SHALL MAKE AND FILE AN ORDER IN
HIS OR HER OFFICE STATING SUCH DETERMINATION AND FORTHWITH SERVE A COPY
OF SUCH ORDER, EITHER PERSONALLY OR BY MAIL, TOGETHER WITH NOTICE OF
FILING, UPON THE PARTIES TO SUCH PROCEEDINGS. THE FISCAL OFFICER IN SUCH
AN INVESTIGATION SHALL BE DEEMED TO BE ACTING IN A JUDICIAL CAPACITY AND
SHALL HAVE THE RIGHT TO ISSUE SUBPOENAS, ADMINISTER OATHS AND EXAMINE
WITNESSES. THE ENFORCEMENT OF A SUBPOENA ISSUED UNDER THIS PARAGRAPH
SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES. THE FILING OF
SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCK-
ETED IN THE OFFICE OF THE COUNTY CLERK. THE ORDER MAY BE ENFORCED BY AND
IN THE NAME OF THE FISCAL OFFICER IN THE SAME MANNER, AND WITH LIKE
EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE
ENFORCEMENT OF A MONEY JUDGMENT.
4. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
THIS SECTION, THE OWNER OF ANY ELIGIBLE SITE RECEIVING ANNY PROGRAM
BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH ANNY PROGRAM BENEFITS
ARE IN EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS:
(A) WITH RESPECT TO EACH ELIGIBLE MULTIPLE DWELLING CONSTRUCTED ON
SUCH ELIGIBLE SITE, REAL PROPERTY TAXES ON THE ASSESSED VALUATION OF
SUCH LAND AND ANY IMPROVEMENTS THEREON IN EFFECT DURING THE TAX YEAR
PRIOR TO THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, WITH-
OUT REGARD TO ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION
IN EFFECT DURING SUCH TAX YEAR, WHICH REAL PROPERTY TAXES SHALL BE
CALCULATED USING THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE;
AND
(B) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
5. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE
FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN
AN ELIGIBLE SITE, OTHER THAN PARKING WHICH IS LOCATED NOT MORE THAN
TWENTY-THREE FEET ABOVE THE CURB LEVEL, EXCEEDS TWELVE PERCENT OF THE
AGGREGATE FLOOR AREA IN SUCH ELIGIBLE SITE, ANY ANNY PROGRAM BENEFITS
SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE
S. 8006 106 A. 9006
SITE CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION
IN ANNY PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY
NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE
FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN
ANNY PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE
REMAINING RESIDENTIAL TAX LOTS.
6. CALCULATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
CERTIFYING THE APPLICANT'S ELIGIBILITY FOR ANNY PROGRAM BENEFITS, THE
ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO
BE EXEMPTED.
7. AFFORDABILITY REQUIREMENTS. A LARGE RENTAL PROJECT SHALL COMPLY
WITH AFFORDABILITY OPTION A FOR THE DURATION OF THE LARGE RENTAL PROJECT
RESTRICTION PERIOD. A SMALL RENTAL PROJECT SHALL COMPLY WITH AFFORDABIL-
ITY OPTION B FOR THE DURATION OF THE SMALL RENTAL PROJECT RESTRICTION
PERIOD. A HOMEOWNERSHIP PROJECT SHALL COMPLY WITH AFFORDABILITY OPTION C
FOR THE DURATION OF THE HOMEOWNERSHIP PROJECT RESTRICTION PERIOD. SUCH
ELECTION SHALL BE MADE IN THE APPLICATION AND SHALL NOT THEREAFTER BE
CHANGED.
(A) ALL RENTAL DWELLING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS MARKET RATE UNITS IN
SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC
FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON ENTRANCES SHALL
MEAN ANY AREA REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT
IN THE ELIGIBLE MULTIPLE DWELLING FOR INGRESS AND EGRESS FROM SUCH
ELIGIBLE MULTIPLE DWELLING.
(B) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL
HOUSING PROGRAM, EITHER (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE MARKET
UNITS, OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN
AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS AND NO
MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE
LESS THAN ONE BEDROOM.
(C) NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA-
RY, ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT
STABILIZATION BOTH DURING AND SUBSEQUENT TO THE SMALL BUILDING
RESTRICTION PERIOD OR THE LARGE BUILDING RESTRICTION PERIOD, AS APPLICA-
BLE.
(D) ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL
CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING
UNITS CREATED PURSUANT TO THIS SECTION AS "ANNY PROGRAM AFFORDABLE HOUS-
ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT
APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS.
(E) FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT
REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE AND
OCCUPANCY OF AFFORDABLE HOUSING UNITS OR FOR PURPOSES OF A HOMEOWNERSHIP
PROJECT THE FAILURE TO COMPLY WITH AFFORDABILITY OPTION C SHALL RESULT
IN REVOCATION OF ANY ANNY PROGRAM BENEFITS FOR THE PERIOD OF SUCH NON-
COMPLIANCE.
(F) NOTHING IN THIS SECTION SHALL (I) PROHIBIT THE OCCUPANCY OF AN
AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY
TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT
PURSUANT TO THIS SECTION, OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE SITE
FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A
VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT BY SUCH LOWER
INCOME INDIVIDUALS OR FAMILIES.
S. 8006 107 A. 9006
(G) FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND
UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY
BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT
EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR
FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS
SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR
PRIMARY RESIDENCE. AN AFFORDABLE HOUSING UNIT SHALL NOT BE (I) RENTED TO
A CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR (II) HELD OFF THE MARKET
FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY TO PERFORM REPAIRS
NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY.
(H) AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY,
TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN
AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE
OPTION OF THE TENANT.
(I) AN AFFORDABLE HOUSING RENTAL UNIT SHALL NOT BE CONVERTED TO COOP-
ERATIVE OR CONDOMINIUM OWNERSHIP.
(J) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY
DEEMS NECESSARY OR APPROPRIATE FOR (I) THE MARKETING OF AFFORDABLE HOUS-
ING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, (II) MONI-
TORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, AND (III) THE
MARKETING AND MONITORING OF ANY HOMEOWNERSHIP PROJECT THAT IS GRANTED AN
EXEMPTION PURSUANT TO THIS SUBDIVISION. SUCH REQUIREMENTS MAY INCLUDE,
BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE AGENCY
AND PAID FOR BY THE OWNER.
(K) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A
MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE
ABSENCE OF ANNY PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT
STABILIZATION.
8. BUILDING SERVICE EMPLOYEES. (A) FOR THE PURPOSES OF THIS SUBDIVI-
SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM BENEFITS, ANY
SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
EES FOR SUCH APPLICANT, INCLUDING, BUT NOT LIMITED TO, A PROPERTY
MANAGEMENT COMPANY OR CONTRACTOR.
(B) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
ELIGIBLE SITE SHALL RECEIVE THE APPLICABLE PREVAILING WAGE.
(C) THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER
SHALL HAVE THE POWER:
(I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE
THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES; IN MAKING SUCH
INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT
DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND
DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES,
PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL NOT BE
CONSIDERED WAGES OR A FRINGE BENEFIT;
(II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR
ELSEWHERE;
(III) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE
WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE
EMPLOYEES;
(IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOE-
NAS, ADMINISTER OATHS AND EXAMINE WITNESSES; THE ENFORCEMENT OF A
SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE CIVIL
PRACTICE LAW AND RULES;
(V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
NIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO
S. 8006 108 A. 9006
DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE
EMPLOYEES IN SUCH CLASSIFICATION;
(VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE
EMPLOYEES AND OF THEIR HOURS OF WORK;
(VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR
OTHER AUTHORIZED REPRESENTATIVE;
(VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR
THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS
CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS PARAGRAPH; AND
(IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE
PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH (B) OF
THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF: (A)
BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES
THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS;
AND/OR (C) REASONABLE ATTORNEY'S FEES. IF THE FISCAL OFFICER FINDS THAT
THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBPARA-
GRAPH, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE
AGENCY.
(D) PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
(I) AN ELIGIBLE MULTIPLE DWELLING OUTSIDE OF THE PRIME DEVELOPMENT
AREA;
(II) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THREE HUNDRED
DWELLING UNITS; OR
(III) AN ELIGIBLE MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS
ARE AFFORDABLE HOUSING UNITS AND NOT LESS THAN FIFTY PERCENT OF SUCH
AFFORDABLE HOUSING UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT
RENTAL FOLLOWING A VACANCY ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY
BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY
PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
(E) THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION,
AND ANNUALLY THEREAFTER, CERTIFYING THAT IT SHALL COMPLY WITH THE
REQUIREMENTS OF THIS SUBDIVISION.
(F) THE AGENCY SHALL ANNUALLY PUBLISH A LIST OF ALL ELIGIBLE SITES
SUBJECT TO THE REQUIREMENTS OF THIS PARAGRAPH AND THE AFFIDAVITS
REQUIRED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
9. REPLACEMENT RATIO. IF THE LAND ON WHICH AN ELIGIBLE SITE IS LOCATED
CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCEMENT DATE
OF THE FIRST ELIGIBLE MULTIPLE DWELLING THEREON, THEN SUCH ELIGIBLE
MULTIPLE DWELLING OR DWELLINGS BUILT THEREON SHALL CONTAIN AT LEAST ONE
AFFORDABLE HOUSING UNIT FOR EACH DWELLING UNIT THAT EXISTED ON SUCH DATE
AND WAS THEREAFTER DEMOLISHED, REMOVED OR RECONFIGURED.
10. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
RECEIVING ANNY PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR
ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
11. VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE
PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN
OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE ANNY
PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR
TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION
PURSUANT TO EITHER THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR
HUNDRED TWENTY-C OF THIS TITLE.
12. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE ANNY
PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION: PROVIDED, HOWEVER,
THAT THE AGENCY SHALL NOT TERMINATE OR REVOKE ANNY PROGRAM BENEFITS FOR
S. 8006 109 A. 9006
A FAILURE TO COMPLY WITH PARAGRAPH (C) OF SUBDIVISION FIFTEEN OF THIS
SECTION. IF ANNY PROGRAM BENEFITS ARE TERMINATED OR REVOKED FOR NONCOM-
PLIANCE WITH THIS SECTION: (A) ALL OF THE AFFORDABLE HOUSING UNITS SHALL
REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS
SECTION FOR THE RESTRICTION PERIOD OR EXTENDED RESTRICTION PERIOD, AS
APPLICABLE, AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS
SECTION, AS IF THE ANNY PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR
REVOKED; (B) ALL OF THE MARKET RATE HOUSING UNITS SHALL REMAIN SUBJECT
TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE
RESTRICTION PERIOD OR EXTENDED RESTRICTION PERIOD, AS APPLICABLE, AND
ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY
PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED, PROVIDED, HOWEVER,
THAT THE OWNER SHALL STILL BE ENTITLED TO REMOVE SUCH MARKET UNIT FROM
RENT STABILIZATION UPON VACANCY BY REASON OF THE MONTHLY RENT EXCEEDING
ANY LIMIT ESTABLISHED THEREUNDER; OR (C) FOR A HOMEOWNERSHIP PROJECT,
SUCH PROJECT SHALL CONTINUE TO COMPLY WITH AFFORDABILITY OPTION D OF
THIS SECTION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE
RESTRICTION PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS
SECTION, AS IF THE ANNY PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR
REVOKED.
13. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION
SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME-
DIES, OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT
LAW OR IN EQUITY.
14. MULTIPLE TAX LOTS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS,
AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX
LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR ANNY PROGRAM BENEFITS
BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION AND BENEFITS FOR
EACH MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF SUCH
MULTIPLE DWELLING.
15. APPLICATIONS. (A) THE APPLICATION WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NOT LATER THAN ONE YEAR
AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING.
(B) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
FILED ELECTRONICALLY.
(C) THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER
SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA-
TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE
DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE
HUNDRED NINE OF THE EDUCATION LAW. ANY LICENSEE FOUND GUILTY OF SUCH
MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW AND SHALL THERE-
AFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION.
(D) THE AGENCY SHALL NOT REQUIRE THAT THE APPLICANT DEMONSTRATE
COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVISION AS
A CONDITION TO APPROVAL OF THE APPLICATION.
16. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE THOUSAND
DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICATION. HOWEVER,
THE AGENCY MAY PROMULGATE RULES IMPOSING A LESSER FEE FOR ELIGIBLE SITES
CONTAINING ELIGIBLE MULTIPLE DWELLINGS CONSTRUCTED WITH THE SUBSTANTIAL
ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR
LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR
THE DEVELOPMENT OF AFFORDABLE HOUSING.
S. 8006 110 A. 9006
17. RULES. EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND EIGHT OF THIS
SECTION, THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE
PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE
PROVISIONS OF THIS SECTION.
18. ELECTION. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRA-
RY, A SMALL RENTAL PROJECT, LARGE RENTAL PROJECT OR HOMEOWNERSHIP
PROJECT WITH A COMMENCEMENT DATE ON OR BEFORE JUNE FIFTEENTH, TWO THOU-
SAND TWENTY-TWO THAT HAS NOT RECEIVED BENEFITS PURSUANT TO SECTION FOUR
HUNDRED TWENTY-ONE-A OF THIS TITLE PRIOR TO THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO THAT ADDED THIS SECTION
MAY ELECT TO COMPLY WITH THIS SECTION AND RECEIVE ANNY PROGRAM BENEFITS
PURSUANT TO THIS SECTION.
19. REPORTING. ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, THE COMMIS-
SIONER OF THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND
DEVELOPMENT SHALL ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SETTING FORTH THE
NUMBER OF TOTAL PROJECTS AND UNITS CREATED BY THIS SECTION BY YEAR,
LEVEL OF AFFORDABILITY, AND COMMUNITY BOARD, THE COST OF THE ANNY
PROGRAM, AND OTHER SUCH FACTORS AS THE COMMISSIONER OF THE NEW YORK CITY
DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT DEEMS APPROPRIATE.
THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT MAY
REQUEST AND SHALL RECEIVE COOPERATION AND ASSISTANCE FROM ALL DEPART-
MENTS, DIVISIONS, BOARDS, BUREAUS, COMMISSIONS, PUBLIC BENEFIT CORPO-
RATIONS OR AGENCIES OF THE STATE OF NEW YORK, THE CITY OF NEW YORK OR
ANY OTHER POLITICAL SUBDIVISIONS THEREOF, OR ANY ENTITY RECEIVING BENE-
FITS PURSUANT TO THIS SECTION.
§ 2. This act shall take effect immediately.
§ 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.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through II of this act shall be
as specifically set forth in the last section of such Parts.
2021-S8006A - Details
2021-S8006A - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2022-2023 state fiscal year; relates to school contracts for excellence; relates to foundation aid; provides for maintenance of equity aid
2021-S8006A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 8006--A A. 9006--A
S E N A T E - A S S E M B L Y
January 19, 2022
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to school contracts for
excellence; to amend the education law, in relation to foundation aid;
to amend the education law, in relation to maintenance of equity aid;
to amend the education law, in relation to building aid and the New
York state energy research and development authority P-12 schools
clean green schools initiative; to amend the education law, in
relation to modifying the length of school sessions; to amend the
education law, in relation to supplemental public excess cost aid; to
amend the education law, in relation to academic enhancement aid; to
amend the education law, in relation to high tax aid; to amend chapter
91 of the laws of 2002 amending the education law and other laws
relating to reorganization of the New York city school construction
authority, board of education and community boards, in relation to the
effectiveness thereof; to amend chapter 345 of the laws of 2009 amend-
ing the education law and other laws relating to the New York city
board of education, chancellor, community councils, and community
superintendents, in relation to the effectiveness thereof; to amend
the education law, in relation to extending the statewide universal
full-day pre-kindergarten program; to amend the education law, in
relation to state aid adjustments; to amend chapter 756 of the laws of
1992, relating to funding a program for work force education conducted
by the consortium for worker education in New York city, in relation
to reimbursement for the 2022-2023 school year, withholding a portion
of employment preparation education aid and in relation to the effec-
tiveness thereof; to amend chapter 169 of the laws of 1994, relating
to certain provisions related to the 1994-95 state operations, aid to
localities, capital projects and debt service budgets, in relation to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12672-02-2
S. 8006--A 2 A. 9006--A
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 making certain provisions thereof permanent; to
amend the No Child Left Behind Act of 2001, in relation to making the
provisions thereof permanent; to amend chapter 552 of the laws of
1995, amending the education law relating to contracts for the trans-
portation of school children, in relation to the effectiveness there-
of; providing for school bus driver training grants; providing for
special apportionment for salary expenses; providing for special
apportionment for public pension accruals; to amend the education law,
in relation to permitting the city school district of the city of
Rochester to make certain purchases from the board of cooperative
educational services of the supervisory district serving its geograph-
ic region; providing for set-asides from the state funds which certain
districts are receiving from the total foundation aid; providing for
support of public libraries; and providing for the repeal of certain
provisions upon expiration thereof (Part A); to amend the education
law and the local finance law, in relation to zero-emission school
buses (Part B); to amend the education law, in relation to creating a
temporary professional permit for employment in a public school; and
providing for the repeal of certain provisions upon expiration thereof
(Part C); to amend the education law, in relation to state appropri-
ations for reimbursement of tuition credits (Part D); to amend the
education law, in relation to the expansion of the part-time tuition
assistance program (Part E); to amend the education law, in relation
to eligibility requirements and conditions for tuition assistance
program awards; and to repeal certain provisions of the education law
relating to the ban on incarcerated individuals to be eligible to
receive state aid (Part F); to amend the education law, in relation to
establishing the amount awarded for the excelsior scholarship (Part
G); to amend the education law, in relation to including certain
apprenticeships in the definition of "eligible educational institu-
tion" for the New York state college choice tuition savings program
(Part H); to amend the education law, in relation to prohibiting
certain practices in the collection of education debt (Part I); to
amend the education law, in relation to registration of a new curric-
ulum or program of study offered by a not-for-profit college or
university (Part J); to amend the business corporation law, the part-
nership law and the limited liability company law, in relation to
certified public accountants (Part K); to amend the social services
law, in relation to child care assistance; and providing for the
repeal of certain provisions upon expiration thereof (Part L); to
amend part N of chapter 56 of the laws of 2020, amending the social
services law relating to restructuring financing for residential
school placements, in relation to the effectiveness thereof (Part M);
to amend part C of chapter 83 of the laws of 2002, amending the execu-
tive law and other laws relating to funding for children and family
services, in relation to extending the effectiveness thereof (Part N);
to amend the social services law, in relation to reimbursement for a
portion of the costs of social services districts for care provided to
foster children in institutions, group residences, group homes, and
S. 8006--A 3 A. 9006--A
agency operated boarding homes (Part O); to amend the public health
law, in relation to consent for medical services (Part P); to amend
the executive law and the criminal procedure law, in relation to the
detention of juveniles (Part Q); to amend the executive law, in
relation to increasing the amount of reimbursement the division of
veterans' affairs shall provide to local veterans' service agencies
for the cost of maintenance of such agencies (Part R); to amend the
social services law, in relation to increasing the standards of month-
ly need for aged, blind and disabled persons living in the community
(Part S); to amend part W of chapter 54 of the laws of 2016 amending
the social services law relating to the powers and duties of the
commissioner of social services relating to the appointment of a
temporary operator, in relation to the effectiveness thereof (Part T);
to amend the social services law, in relation to the public benefits
and requirements; and to repeal certain provisions of such law relat-
ing thereto (Part U); to amend the labor law and the general business
law, in relation to restrictions on employment (Part V); to amend the
labor law, in relation to increasing penalties for certain violations
of the labor law (Part W); to amend the executive law, in relation to
prohibiting discrimination based on status as a victim of domestic
violence (Part X); to amend the executive law, in relation to prohib-
iting discrimination based on citizenship or immigration status (Part
Y); to utilize reserves in the mortgage insurance fund for various
housing purposes (Part Z); to amend the real property law, in relation
to providing for the creation of accessory dwelling units (Part AA);
to amend the executive law, in relation to making it unlawful for an
individual who has been convicted of one or more criminal offenses to
be discriminated against in housing (Part BB); to amend the multiple
dwelling law, in relation to the floor area ratio (FAR) in the city of
New York (Part CC); to amend the multiple dwelling law, in relation to
hotel and commercial conversion (Part DD); intentionally omitted (Part
EE); to amend the real property law, in relation to tenant selection
screening guidelines (Part FF); to amend the executive law, in
relation to the state's language access policy (Part GG); to amend the
retirement and social security law, in relation to waiving approval
and income limitations on retirees employed in public schools; and
providing for the repeal of such provisions upon expiration thereof
(Part HH); and to amend the real property tax law, in relation to
enacting the affordable neighborhoods for New Yorkers tax incentive
(Part II)
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
necessary to implement the state education, labor, housing and family
assistance budget for the 2022-2023 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through II. 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, including 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.
S. 8006--A 4 A. 9006--A
Section three of this act sets forth the general effective date of this
act.
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
2021, 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
S. 8006--A 5 A. 9006--A
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
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; and
provided further that, a school district that submitted a contract for
excellence for the two thousand sixteen--two thousand seventeen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing 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 sixteen--two thousand
seventeen school year; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen 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 amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
twenty 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 eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one 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 nineteen--two thousand twenty school
year; and provided further that, a school district that submitted a
contract for excellence for the two thousand twenty--two thousand twen-
ty-one school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
S. 8006--A 6 A. 9006--A
thousand twenty-one--two thousand twenty-two 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 twenty--two
thousand twenty-one school year; AND PROVIDED FURTHER THAT, A SCHOOL
DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, UNLESS ALL SCHOOLS IN
THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT
FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
THREE 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 TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR.
For purposes of this paragraph, the "gap elimination adjustment percent-
age" 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.
§ 2. Subdivision 4 of section 3602 of education law is amended by
adding a new paragraph j to read as follows:
J. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND
TWENTY-THREE SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO
THOUSAND TWENTY-THREE SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE TOTAL
FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE
OF THIS SECTION PLUS THE GREATER OF (A) THE PRODUCT OF THE PHASE-IN
FOUNDATION INCREASE FACTOR AS COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH B OF THIS SUBDIVISION MULTIPLIED BY THE POSITIVE DIFFERENCE,
IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSU-
ANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE PROD-
UCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDATION AID
BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS
SECTION.
§ 3. Section 3602 of the education law is amended by adding a new
subdivision 4-a to read as follows:
4-A. FOUNDATION AID MAINTENANCE OF EQUITY AID. 1. FOR PURPOSES OF
THIS SUBDIVISION THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
A. "HIGH-NEED LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH (1) THE
HIGHEST PERCENTAGE OF ECONOMICALLY DISADVANTAGED STUDENTS AS CALCULATED
BASED ON THE MOST RECENT SMALL AREA INCOME AND POVERTY ESTIMATES
PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE SUM
S. 8006--A 7 A. 9006--A
OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER THAN
OR EQUAL TO THE PRODUCT OF FIVE-TENTHS (0.5) AND THE STATEWIDE TOTAL OF
SUCH ENROLLMENT.
B. "HIGHEST-POVERTY LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH
(1) THE HIGHEST PERCENTAGE OF ECONOMICALLY DISADVANTAGED STUDENTS AS
CALCULATED BASED ON THE MOST RECENT SMALL AREA INCOME AND POVERTY ESTI-
MATES PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE
SUM OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER
THAN OR EQUAL TO THE PRODUCT OF TWO-TENTHS (0.2) AND THE STATEWIDE TOTAL
OF SUCH ENROLLMENT.
C. "ELIGIBLE DISTRICTS" SHALL MEAN SCHOOL DISTRICTS DEFINED AS HIGH-
NEED LEAS OR HIGHEST-POVERTY LEAS IN THE CURRENT YEAR WHICH ARE SUBJECT
TO THE STATE LEVEL MAINTENANCE OF EQUITY REQUIREMENT IN THE AMERICAN
RESCUE PLAN ACT OF 2021, SECTION 2004, PART 1, SUBTITLE A, TITLE II,
(PUBLIC LAW 117-2) FOR THE CURRENT YEAR.
D. "STATE FUNDING" SHALL MEAN ANY APPORTIONMENT PROVIDED PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-
ONE, AND SEVEN HUNDRED FIFTY-THREE OF THIS CHAPTER PLUS APPORTIONMENTS
PURSUANT TO SUBDIVISIONS FOUR, FIVE-A, TEN, TWELVE, AND SIXTEEN OF THIS
SECTION.
E. "LOCAL EDUCATIONAL AGENCY ENROLLMENT" SHALL MEAN THE UNDUPLICATED
COUNT OF ALL CHILDREN REGISTERED TO RECEIVE EDUCATIONAL SERVICES IN
GRADES KINDERGARTEN THROUGH TWELVE, INCLUDING CHILDREN IN UNGRADED
PROGRAMS, AS REGISTERED ON THE DATE PRIOR TO NOVEMBER FIRST THAT IS
SPECIFIED BY THE COMMISSIONER AS THE ENROLLMENT REPORTING DATE, REGIS-
TERED IN A LOCAL EDUCATIONAL AGENCY AS DEFINED PURSUANT TO SECTION 7801
OF TITLE 20 OF THE UNITED STATES CODE.
2. ELIGIBLE DISTRICTS SHALL RECEIVE AN APPORTIONMENT OF FOUNDATION AID
MAINTENANCE OF EQUITY AID IN THE CURRENT YEAR IF THE COMMISSIONER, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET, DETERMINES THE DISTRICT
WOULD OTHERWISE RECEIVE A REDUCTION IN STATE FUNDING ON A PER PUPIL
BASIS INCONSISTENT WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
REQUIREMENT. THIS APPORTIONMENT SHALL BE EQUAL TO THE AMOUNT NECESSARY
TO ENSURE COMPLIANCE WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
REQUIREMENT. THIS APPORTIONMENT SHALL BE PAID IN THE CURRENT YEAR
PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART.
§ 4. Clause (ii) of paragraph j 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:
(ii) For aid payable in the two thousand eight--two thousand nine
school year and thereafter, the total foundation aid base shall equal
the total amount a district was eligible to receive in the base year
pursuant to subdivision four of this section PLUS FOUNDATION AID MAINTE-
NANCE OF EQUITY AID PURSUANT TO SUBDIVISION FOUR-A OF THIS SECTION.
§ 5. Section 3602-b of the education law is amended by adding a new
subdivision 3 to read as follows:
3. A. IN ADDITION TO APPORTIONMENTS CALCULATED PURSUANT TO SUBDIVI-
SIONS ONE AND TWO OF THIS SECTION, EACH SCHOOL DISTRICT EMPLOYING FEWER
THAN EIGHT TEACHERS DEFINED AS ELIGIBLE PURSUANT TO PARAGRAPH ONE OF
SUBDIVISION FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL
RECEIVE AN ADDITIONAL APPORTIONMENT OF PUBLIC MONEY IN THE CURRENT YEAR
IF THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET,
DETERMINES THE DISTRICT WOULD OTHERWISE RECEIVE A REDUCTION IN STATE
FUNDING, AS DEFINED IN SUBPARAGRAPH D OF PARAGRAPH ONE OF SUBDIVISION
FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, ON A PER PUPIL
S. 8006--A 8 A. 9006--A
BASIS INCONSISTENT WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
REQUIREMENT.
B. THE MAINTENANCE OF EQUITY AID SHALL BE EQUAL TO THE AMOUNT NECES-
SARY TO ENSURE COMPLIANCE WITH THE FEDERAL STATE LEVEL MAINTENANCE OF
EQUITY REQUIREMENT IN THE AMERICAN RESCUE PLAN ACT OF 2021, SECTION
2004, PART 1, SUBTITLE A, TITLE II, (PUBLIC LAW 117-2) FOR THE CURRENT
YEAR.
§ 6. Section 3602 of the education law is amended by adding a new
subdivision 6-i to read as follows:
6-I. BUILDING AID AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE. 1. FOR AID
PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWEN-
TY-THREE AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, THE APPORTIONMENT TO ANY DISTRICT UNDER SUBDIVISION SIX,
SIX-A, SIX-B, SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION FOR CAPITAL
OUTLAYS FOR SCHOOL BUILDING PROJECTS FOR ENERGY EFFICIENCY SHALL NOT
EXCLUDE GRANTS AUTHORIZED PURSUANT TO THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE
FROM AIDABLE EXPENDITURES, PROVIDED THAT THE SUM OF APPORTIONMENTS FOR
THESE PROJECTS CALCULATED PURSUANT TO SUBDIVISION SIX, SIX-A, SIX-B,
SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION AND SUCH GRANTS SHALL NOT
EXCEED THE ACTUAL PROJECT EXPENDITURES.
2. THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
PROVIDE A LIST OF ENERGY EFFICIENCY GRANTS AWARDED TO EACH SCHOOL
DISTRICT TO THE COMMISSIONER NO LATER THAN ONE MONTH PRIOR TO THE END OF
EACH CALENDAR YEAR AND EACH SCHOOL YEAR. THIS LIST SHALL INCLUDE THE
CAPITAL CONSTRUCTION PROJECT OR PROJECTS FUNDED BY THE GRANTS, THE AWARD
AMOUNTS OF EACH INDIVIDUAL PROJECT GRANT, THE DISTRICT RECEIVING SUCH
GRANTS, THE SCHOOLS RECEIVING SUCH GRANTS, THE DATE ON WHICH THE GRANT
WAS RECEIVED, AND ANY OTHER INFORMATION NECESSARY FOR THE CALCULATION OF
AID PURSUANT TO SUBDIVISION SIX, SIX-A, SIX-B, SIX-C, SIX-E, SIX-F, OR
SIX-H OF THIS SECTION.
§ 7. Paragraph a of subdivision 4 of section 3204 of the education law
is amended to read as follows:
a. A full time day school or class, except as otherwise prescribed,
shall be in session for not less than one hundred [ninety] EIGHTY days
each year, [inclusive] EXCLUSIVE of legal holidays that occur during the
term of said school and exclusive of Saturdays.
§ 8. Paragraph s 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:
s. "Extraordinary needs count" shall mean the sum of the product of
the [limited English proficiency] ENGLISH LANGUAGE LEARNER count multi-
plied by fifty percent, plus, the poverty count and the sparsity count.
§ 9. Subdivision 6 of section 3602 of the education law is amended by
adding a new paragraph k to read as follows:
K. FINAL COST REPORT PENALTIES. (1) ALL ACTS DONE AND PROCEEDINGS
HERETOFORE HAD AND TAKEN OR CAUSED TO BE HAD AND TAKEN BY SCHOOL
DISTRICTS AND BY ALL ITS OFFICERS OR AGENTS RELATING TO OR IN CONNECTION
WITH FINAL BUILDING COST REPORTS REQUIRED TO BE FILED WITH THE DEPART-
MENT FOR APPROVED BUILDING PROJECTS FOR WHICH A CERTIFICATE OF SUBSTAN-
TIAL COMPLETION WAS AND/OR IS ISSUED ON OR AFTER APRIL FIRST, NINETEEN
HUNDRED NINETY-FIVE, WHERE A FINAL COST REPORT WAS NOT SUBMITTED BY JUNE
THIRTIETH OF THE SCHOOL YEAR IN WHICH THE CERTIFICATE OF SUBSTANTIAL
COMPLETION OF THE PROJECT WAS ISSUED BY THE ARCHITECT OR ENGINEER, OR
SIX MONTHS AFTER ISSUANCE OF SUCH CERTIFICATE, WHICHEVER WAS LATER, AND
S. 8006--A 9 A. 9006--A
ALL ACTS INCIDENTAL THERETO ARE HEREBY LEGALIZED, VALIDATED, RATIFIED
AND CONFIRMED, NOTWITHSTANDING ANY FAILURE TO COMPLY WITH THE APPROVAL
AND FILING PROVISIONS OF THE EDUCATION LAW OR ANY OTHER LAW OR ANY OTHER
STATUTORY AUTHORITY, RULE OR REGULATION, IN RELATION TO ANY OMISSION,
ERROR, DEFECT, IRREGULARITY OR ILLEGALITY IN SUCH PROCEEDINGS HAD AND
TAKEN.
(2) THE DEPARTMENT IS HEREBY DIRECTED TO CONSIDER THE APPROVED COSTS
OF THE AFOREMENTIONED PROJECTS AS VALID AND PROPER OBLIGATIONS OF SUCH
SCHOOL DISTRICTS AND SHALL NOT RECOVER ON OR AFTER JULY FIRST, TWO THOU-
SAND THIRTEEN ANY PENALTY ARISING FROM THE LATE FILING OF A FINAL COST
REPORT, PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED ON OR AFTER JULY
FIRST, TWO THOUSAND THIRTEEN SHALL BE DEEMED A PAYMENT OF MONEYS DUE
FOR PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION FIVE OF SECTION
THIRTY-SIX HUNDRED FOUR OF THIS PART AND SHALL BE PAID TO THE APPROPRI-
ATE DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
(A) SUCH SCHOOL DISTRICT SUBMITTED THE LATE OR MISSING FINAL BUILDING
COST REPORT TO THE COMMISSIONER;
(B) SUCH COST REPORT IS APPROVED BY THE COMMISSIONER;
(C) ALL STATE FUNDS EXPENDED BY THE SCHOOL DISTRICT, AS DOCUMENTED IN
SUCH COST REPORT, WERE PROPERLY EXPENDED FOR SUCH BUILDING PROJECT IN
ACCORDANCE WITH THE TERMS AND CONDITIONS FOR SUCH PROJECT AS APPROVED BY
THE COMMISSIONER; AND
(D) THE FAILURE TO SUBMIT SUCH REPORT IN A TIMELY MANNER WAS AN INAD-
VERTENT ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL DISTRICT,
AND THERE IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER INTENT BY
SUCH DISTRICT.
§ 10. Section 3625 of education law is amended by adding a new subdi-
vision 5 to read as follows:
5. TRANSPORTATION CONTRACT PENALTIES. A. ALL ACTS DONE AND PROCEEDINGS
HERETOFORE HAD AND TAKEN OR CAUSED TO BE HAD AND TAKEN RELATING TO OR IN
CONNECTION WITH A TRANSPORTATION CONTRACT, AND ALL ACTS INCIDENTAL HERE-
TO ARE HEREBY LEGALIZED, VALIDATED, RATIFIED AND CONFIRMED, NOTWITH-
STANDING ANY FAILURE TO COMPLY WITH THE CONTRACT AWARD, APPROVAL AND
FILING PROVISIONS OF THE EDUCATION LAW, THE GENERAL MUNICIPAL LAW OR ANY
OTHER LAW OR ANY OTHER STATUTORY AUTHORITY, RULE OR REGULATION, OTHER
THAN THOSE FILING PROVISIONS DEFINED IN PARAGRAPH A OF SUBDIVISION FIVE
OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS ARTICLE, IN RELATION TO ANY
OMISSION, ERROR, DEFECT, IRREGULARITY OR ILLEGALITY IN SUCH PROCEEDING
HAD AND TAKEN.
B. THE DEPARTMENT IS HEREBY DIRECTED TO CONSIDER THE AFOREMENTIONED
CONTRACTS FOR TRANSPORTATION AID AS VALID AND PROPER OBLIGATIONS AND
SHALL NOT RECOVER FROM SUCH SCHOOL DISTRICTS ANY PENALTY ARISING FROM
THE FAILURE TO SUBMIT A TRANSPORTATION CONTRACT IN A TIMELY MANNER,
PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED SHALL BE DEEMED A PAYMENT
OF MONEYS DUE FOR PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION
FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS ARTICLE AND SHALL BE
PAID TO THE SCHOOL DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
(1) SUCH SCHOOL DISTRICT SUBMITTED THE CONTRACT TO THE COMMISSIONER
AND SUCH CONTRACT IS FOR SERVICES IN THE TWO THOUSAND TWELVE--TWO THOU-
SAND THIRTEEN SCHOOL YEAR OR THEREAFTER;
(2) SUCH CONTRACT IS APPROVED BY THE COMMISSIONER;
(3) ALL STATE FUNDS EXPENDED BY THE SCHOOL DISTRICT WERE PROPERLY
EXPENDED FOR SUCH TRANSPORTATION AS APPROVED BY THE COMMISSIONER; AND
(4) THE FAILURE TO EXECUTE OR SUBMIT SUCH CONTRACT IN A TIMELY MANNER
WAS AN INADVERTENT ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL
S. 8006--A 10 A. 9006--A
DISTRICT, AND THERE IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER
INTENT BY SUCH DISTRICT.
§ 11. Subdivision 2 of section 3625 of education law, as amended by
chapter 474 of the laws of 1996, is amended to read as follows:
2. Filing of transportation contracts. Every transportation contract
shall be filed with the department within one hundred twenty days of the
commencement of service under such contract. No transportation expense
shall be allowed for a period greater than one hundred twenty days prior
to the filing of any contract for the transportation of pupils with the
education department. No contract shall be considered filed unless it
bears an original signature, IN THE CASE OF A WRITTEN DOCUMENT, OR A
CERTIFICATION, IN THE CASE OF AN APPROVED ELECTRONIC FORM, of the super-
intendent of a school district or the designee of the superintendent and
the sole trustee or president of the board of education of the school
district. The final approval of any such contract by the commissioner
shall not, however, obligate the state to allow transportation expense
in an amount greater than the amount that would be allowed under the
provisions of this part. The state, acting through the department of
audit and control, may examine any and all accounts of the contractor in
connection with a contract for the transportation of pupils, and every
such contract shall contain the following provision: "The contractor
hereby consents to an audit of any and all financial records relating to
this contract by the department of audit and control."
§ 11-a. Subdivision 1 of section 3625 of the education law, as amended
by section 47 of part L of chapter 405 of the laws of 1999, is amended
to read as follows:
1. Form of transportation contracts. Every contract for transportation
of school children shall be in writing OR IN AN ELECTRONIC FORM APPROVED
BY THE COMMISSIONER WHEN AVAILABLE, and before such contract is filed
with the department as required by subdivision two of this section, the
same shall be submitted for approval to the superintendent of schools of
said district and such contract shall not be approved and filed by such
superintendent unless he or she shall first investigate the same with
particular reference to the type of conveyance, the character and abili-
ty of the driver, the routes over which the conveyances shall travel,
the time schedule, and such other matters as in the judgement of the
superintendent are necessary for the comfort and protection of the chil-
dren while being transported to and from school. Every such contract for
transportation of children shall contain an agreement upon the part of
the contractor that the vehicle shall come to a full stop before cross-
ing the track or tracks of any railroad and before crossing any state
highway.
§ 12. Section 34 of chapter 91 of the laws of 2002 amending the educa-
tion law and other laws relating to reorganization of the New York city
school construction authority, board of education and community boards,
as amended by section 42 of part YYY of chapter 59 of the laws of 2019,
is amended to read as follows:
§ 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed June 30, [2022] 2026 provided,
further, that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2022] 2026 the provisions of subdivisions
3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
b, d, and e of subdivision 15, and subdivisions 17 and 21 of section
2554 of the education law as repealed by section three of this act,
subdivision 1 of section 2590-b of the education law as repealed by
S. 8006--A 11 A. 9006--A
section six of this act, paragraph (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h of the education law as repealed by
section thirty of this act shall be revived and be read as such
provisions existed in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and eight
of this act shall take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
§ 13. Subdivision 12 of section 17 of chapter 345 of the laws of 2009
amending the education law and other laws relating to the New York city
board of education, chancellor, community councils, and community super-
intendents, as amended by section 43 of part YYY of chapter 59 of the
laws of 2019, is amended to read as follows:
12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act not otherwise set to expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section 17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed June 30, [2022] 2026.
§ 14. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 12-b of part A of chapter 56 of the
laws of 2021, 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
[twenty-one] TWENTY-TWO--two thousand [twenty-two] TWENTY-THREE 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 enti-
tled "SA0910".
§ 15. Subdivision 12 of section 3602 of the education law, as amended
by section 13-a of part A of chapter 56 of the laws of 2021, is amended
to read as follows:
12. Academic enhancement aid. A. A school district that as of April
first of the base year has been continuously identified as a district in
need of improvement for at least five years shall, for the two thousand
eight--two thousand nine school year, be entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the total foundation aid
base, as defined by paragraph j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to subdivision
S. 8006--A 12 A. 9006--A
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.
B. For the two thousand nine--two thousand ten through two thousand
fourteen--two thousand fifteen school years, each school district shall
be entitled to an apportionment equal to the amount set forth for such
school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced by
the commissioner in support of the budget for the two thousand nine--two
thousand ten school year and entitled "SA0910", and such apportionment
shall be deemed to satisfy the state obligation to provide an apportion-
ment pursuant to subdivision eight of section thirty-six hundred forty-
one of this article.
C. For the two thousand fifteen--two thousand sixteen 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 "2014-15 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand fourteen--two thousand fifteen school year and entitled
"SA141-5", 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.
D. 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.
E. For the two thousand seventeen--two thousand eighteen 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 "2016-17 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand sixteen--two thousand seventeen school year and entitled
"SA161-7", 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.
F. For the two thousand eighteen--two thousand nineteen 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 "2017-18 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand seventeen--two thousand eighteen school year and entitled
"SA171-8", 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.
G. For the two thousand nineteen--two thousand twenty 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 "2018-19 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand eighteen--two thousand nineteen school year and entitled
"SA181-9", and such apportionment shall be deemed to satisfy the state
S. 8006--A 13 A. 9006--A
obligation to provide an apportionment pursuant to subdivision eight of
section thirty-six hundred forty-one of this article.
H. For the two thousand twenty--two thousand twenty-one 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 "2019-20 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nineteen--two thousand twenty school year and entitled
"SA192-0", 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.
I. For the two thousand twenty-one--two thousand twenty-two school
year AND THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
YEAR, each school district shall be entitled to an apportionment equal
to the amount set forth for such school district as "ACADEMIC ENHANCE-
MENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the budget
for the two thousand twenty--two thousand twenty-one school year and
entitled "SA202-1", 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.
§ 16. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 14-a of part A of chapter 56 of the
laws of 2021, 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 [twenty-one] TWENTY-TWO--two thousand [twenty-two] TWENTY-THREE
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".
§ 17. Subdivision 16 of section 3602-ee of the education law, as
amended by section 23 of part A of chapter 56 of the laws of 2021, is
amended to read as follows:
S. 8006--A 14 A. 9006--A
16. The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth, two thousand
[twenty-two] TWENTY-THREE; provided that the program shall continue and
remain in full effect.
§ 18. Paragraph a of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended to read
as follows:
a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school district has
been apportioned less money than that to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to the general
fund local assistance account for state aid to the schools, or may
deduct such amount from the next apportionment to be made to said
district, provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that such excess
payments be recovered by deducting such excess payments from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that there shall be no
interest penalty assessed against such district or collected by the
state. Such request shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund expenditures for the preceding school
year. The amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the product
of the district's total general fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year. Provided further
that, notwithstanding any other provisions of this subdivision, any
pending payment of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which recovery of
excess payments is to be made pursuant to this paragraph, shall be
reduced at the time of actual payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered. [The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which such
payment was first to be made. For claims for which payment is first to
be made in the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
S. 8006--A 15 A. 9006--A
hundred ninety-seven--ninety-eight school year and thereafter] PRIOR TO
THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, the
commissioner shall certify no payment to a school district based on a
claim submitted later than one year after the close of such school year.
FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, THE
COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A
CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR.
Provided, however, no payments shall be barred or reduced where such
payment is required as a result of a final audit of the state. [It is
further provided that, until June thirtieth, nineteen hundred ninety-
six, the commissioner may grant a waiver from the provisions of this
section for any school district if it is in the best educational inter-
ests of the district pursuant to guidelines developed by the commission-
er and approved by the director of the budget.] FURTHER, PROVIDED, THAT,
FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE,
SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-
THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX
HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND
FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-ONE-
-TWO THOUSAND TWENTY-TWO AND TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWEN-
TY-THREE SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A
SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS FOUR,
SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE STATE FISCAL YEAR
AND ENTITLED "BT222-3", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED
FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX
HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
THIS CHAPTER FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR
SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS FOUR,
SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
§ 19. The opening paragraph of section 3609-a of the education law, as
amended by section 26 of part A of chapter 56 of the laws of 2021, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand twenty-one--two thousand twenty-two 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 current year aids pursuant to subdivision seven of
S. 8006--A 16 A. 9006--A
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 ninety-two-c of the state finance law, less any grants provided
pursuant to subdivision five of section ninety-seven-nnnn of the state
finance law, less any grants provided pursuant to subdivision twelve of
section thirty-six hundred forty-one of this article, or (ii) the appor-
tionment calculated by the commissioner based on data on file at the
time the payment is processed; provided however, that for the purposes
of any payments made pursuant to this section prior to the first busi-
ness day of June of the current year, moneys apportioned shall not
include any aids payable pursuant to subdivisions six and fourteen, if
applicable, of section thirty-six hundred two of this part as current
year aid for debt service on bond anticipation notes and/or bonds first
issued in the current year or any aids payable for full-day kindergarten
for the current year pursuant to subdivision nine of section thirty-six
hundred two of this part. The definitions of "base year" and "current
year" as set forth in subdivision one of section thirty-six hundred two
of this part shall apply to this section. [For aid payable in the two
thousand twenty-one--two thousand twenty-two school year, reference to
such "school aid computer listing for the current year" shall mean the
printouts entitled "SA212-2".] FOR AID PAYABLE IN THE TWO THOUSAND TWEN-
TY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER, "MONEYS
APPORTIONED" SHALL MEAN THE SUM OF APPORTIONMENTS PROVIDED PURSUANT TO
SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE PLUS
THE LESSER OF: (1) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE
AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS
SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH
INCLUDES THE APPROPRIATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS
FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO
APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING
THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO
CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX
HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE
PURSUANT TO THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC
CONTRIBUTION AS DEFINED IN 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, LESS APPORTIONMENTS PROVIDED
PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
ARTICLE, OR (2) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER BASED
ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED, EXCLUDING APPOR-
TIONMENTS PROVIDED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS ARTICLE; 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 APPLICA-
BLE, 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
S. 8006--A 17 A. 9006--A
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. FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO
THOUSAND TWENTY-THREE SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUT-
ER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED
"BT222-3".
§ 20. 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
39 of part A of chapter 56 of the laws of 2021, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the reimbursement for the 2018--2019 school year
shall not exceed 59.4 percent of the lesser of such approvable costs per
contact hour or fourteen dollars and ninety-five cents per contact hour,
reimbursement for the 2019--2020 school year shall not exceed 57.7
percent of the lesser of such approvable costs per contact hour or
fifteen dollars sixty cents per contact hour, reimbursement for the
2020--2021 school year shall not exceed 56.9 percent of the lesser of
such approvable costs per contact hour or sixteen dollars and twenty-
five cents per contact hour, [and] reimbursement for the 2021--2022
school year shall not exceed 56.0 percent of the lesser of such approva-
ble costs per contact hour or sixteen dollars and forty cents per
contact hour, AND REIMBURSEMENT FOR THE 2022--2023 SCHOOL YEAR SHALL NOT
EXCEED 55.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT
HOUR OR SEVENTEEN DOLLARS AND FIVE CENTS PER CONTACT HOUR, and 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 2018--2019 school year such contact hours shall not
exceed one million four hundred sixty-three thousand nine hundred
sixty-three (1,463,963); for the 2019--2020 school year such contact
hours shall not exceed one million four hundred forty-four thousand four
hundred forty-four (1,444,444); for the 2020--2021 school year such
contact hours shall not exceed one million four hundred six thousand
nine hundred twenty-six (1,406,926); [and] for the 2021--2022 school
year such contact hours shall not exceed one million four hundred
sixteen thousand one hundred twenty-two (1,416,122) ; AND FOR THE 2022-
-2023 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION THREE
HUNDRED SIXTY-NINE THOUSAND EIGHT HUNDRED SIXTY-THREE (1,369,863).
Notwithstanding any other provision of law to the contrary, the appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
ble for aid in accordance with the provisions of such subdivision 11 of
section 3602 of the education law.
§ 21. 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 aa to read as follows:
AA. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2022-23 SCHOOL YEAR. NOTWITHSTANDING ANY
INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
S. 8006--A 18 A. 9006--A
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
§ 22. 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 41 of part A of
chapter 56 of the laws of 2021, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2022] 2023.
§ 23. 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 33 of part A of chapter 56 of the laws of 2020, 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, [2022] 2024.
§ 24. 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 42 of part A of
chapter 56 of the laws of 2021, is amended to read as follows:
§ 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, [2022] 2023 when
upon such date the provisions of this act shall be deemed repealed.
§ 25. 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 43 of part A of chapter 56 of the laws of 2021, is
amended to read as follows:
§ 4. This act shall take effect July 1, 2002 and section one of this
act shall expire and be deemed repealed June 30, 2019[, and sections two
and three of this act shall expire and be deemed repealed on June 30,
2022].
§ 26. 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 44 of part A of chapter 56 of the
laws of 2021, is amended to read as follows:
§ 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, 2022].
§ 27. Section 2 of chapter 552 of the laws of 1995, amending the
education law relating to contracts for the transportation of school
children, as amended by section 45 of part YYY of chapter 59 of the laws
of 2019, is amended to read as follows:
§ 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
S. 8006--A 19 A. 9006--A
in full force and effect until January 1, [2023] 2028, when upon such
date the provisions of this act shall be deemed repealed.
§ 28. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2022-2023 through the 2026-2027 school years, subject to available
appropriation, 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-profit educa-
tional organizations for the purposes of this section. Such payments
shall not exceed four hundred thousand dollars ($400,000) per school
year.
§ 29. 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 2023 and not later than the last day of the third full
business week of June 2023, 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, 2023, for salary expenses incurred between April 1 and
June 30, 2022 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
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.
S. 8006--A 20 A. 9006--A
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 appor-
tionment 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 paragraph, 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.
§ 30. 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, 2023, 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, 2023 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
S. 8006--A 21 A. 9006--A
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 paragraph, 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.
§ 31. Section 1950 of the education law is amended by adding a new
subdivision 8-d to read as follows:
8-D. 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 AS A NON-COMPONENT SCHOOL DISTRICT, SERVICES REQUIRED BY
ARTICLE NINETEEN OF THE EDUCATION LAW.
§ 32. 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:
a. for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2022--2023 school year. For the city
school district of the city of New York there shall be a set-aside of
foundation aid equal to 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; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); for the Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five hundred sixty-
six thousand dollars ($566,000); for the Middletown city school
district, four hundred thousand dollars ($400,000); for the Freeport
union free school district, four hundred thousand dollars ($400,000);
for the Greenburgh central school district, three hundred thousand
dollars ($300,000); for the Amsterdam city school district, eight
hundred thousand dollars ($800,000); for the Peekskill city school
district, two hundred thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
b. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
section may use such set-aside 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-
S. 8006--A 22 A. 9006--A
ated with implementation of an alternative approach to promote diversity
and/or enhancement of the instructional program and raising of standards
in elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
c. The commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2022--2023 school year, and
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
2022--2023 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 communi-
ty-based organizations. 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.
d. For the purpose of teacher support for the 2022--2023 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for 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 addi-
tion 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 distrib-
uted pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are repres-
ented by certified or recognized employee organizations, all salary
increases funded pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
§ 33. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2022 enacting
the aid to localities budget shall be apportioned for the 2022--2023
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.
S. 8006--A 23 A. 9006--A
Notwithstanding any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2022--2023
by a chapter of the laws of 2022 enacting the education, labor and fami-
ly assistance budget shall fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion 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 ensure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
§ 34. 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 or
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.
§ 35. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2022, provided,
however, that:
1. Sections one, two, seven, eight, fourteen, fifteen, sixteen, seven-
teen, nineteen, twenty-two, twenty-five, twenty-six, twenty-eight, thir-
ty-one, and thirty-two, of this act shall take effect July 1, 2022;
2. Sections three, four, and five shall take effect immediately and
shall expire September 30, 2024 when upon such date the provisions of
such sections shall be deemed repealed; and
3. The amendments to chapter 756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York city made by sections twenty and twenty-one
of this act shall not affect the repeal of such chapter and shall be
deemed repealed therewith.
PART B
Section 1. The education law is amended by adding a new section 3638
to read as follows:
§ 3638. ZERO-EMISSION SCHOOL BUSES. 1. FOR THE PURPOSES OF THIS
SECTION "ZERO-EMISSION SCHOOL BUS" SHALL MEAN A SCHOOL BUS THAT: (A) IS
PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER ELECTRONICS WHICH
PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS DURING NORMAL VEHICLE
OPERATIONS; AND (B) DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL OR
BATTERY.
2. NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-SEVEN, EVERY SCHOOL
DISTRICT SHALL:
(A) ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES WHEN PURCHASING
OR LEASING NEW BUSES; AND
(B) INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR THE
SCHOOL DISTRICT MUST ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES
WHEN PURCHASING OR LEASING NEW SCHOOL BUSES.
3. NO LATER THAN JULY FIRST, TWO THOUSAND THIRTY-FIVE, EVERY SCHOOL
DISTRICT SHALL:
(A) ONLY OPERATE AND MAINTAIN ZERO-EMISSION SCHOOL BUSES; AND
S. 8006--A 24 A. 9006--A
(B) INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR THE
SCHOOL DISTRICT MUST ONLY OPERATE ZERO-EMISSION SCHOOL BUSES WHEN
PROVIDING SUCH TRANSPORTATION SERVICES TO THE SCHOOL DISTRICT.
§ 2. Paragraphs c, d and e of subdivision 2 of section 3623-a of the
education law, paragraph c as amended by chapter 453 of the laws of
2005, paragraph d as added by chapter 474 of the laws of 1996, and para-
graph e as amended by section 66 of part A of chapter 436 of the laws of
1997, are amended and a new paragraph f is added to read as follows:
c. The purchase of equipment deemed a proper school district expense,
including: (i) the purchase of two-way radios to be used on old and new
school buses, (ii) the purchase of stop-arms, to be used on old and new
school buses, (iii) the purchase and installation of seat safety belts
on school buses in accordance with the provisions of section thirty-six
hundred thirty-five-a of this article, (iv) the purchase of school bus
back up beepers, (v) the purchase of school bus front crossing arms,
(vi) the purchase of school bus safety sensor devices, (vii) the
purchase and installation of exterior reflective marking on school
buses, (viii) the purchase of automatic engine fire extinguishing
systems for school buses used to transport students who use wheelchairs
or other assistive mobility devices, and (ix) the purchase of other
equipment as prescribed in the regulations of the commissioner; [and]
d. Other transportation capital, debt service and lease expense, as
approved pursuant to regulations of the commissioner[.];
e. Any approved cost of construction, reconstruction, lease or
purchase of a transportation storage facility or site in the amount of
ten thousand dollars or more shall be aidable in accordance with subdi-
vision six of section thirty-six hundred two of this article and shall
not be aidable as transportation expense[.]; AND
F. APPROVED COSTS RELATING TO THE LEASE, PURCHASE, CONSTRUCTION, OR
INSTALLATION OF ZERO-EMISSION SCHOOL BUS ELECTRIC CHARGING OR HYDROGEN
FUELING STATIONS. FOR THE PURPOSES OF THIS SECTION, A ZERO-EMISSION
SCHOOL BUS ELECTRIC CHARGING STATION IS A STATION THAT DELIVERS ELEC-
TRICITY FROM A SOURCE OUTSIDE A ZERO-EMISSION SCHOOL BUS INTO ONE OR
MORE ZERO-EMISSION SCHOOL BUSES. AN ELECTRIC SCHOOL BUS CHARGING STATION
MAY INCLUDE SEVERAL CHARGE POINTS SIMULTANEOUSLY CONNECTING SEVERAL
ZERO-EMISSION SCHOOL BUSES TO THE STATION AND ANY RELATED EQUIPMENT
NEEDED TO FACILITATE CHARGING PLUG-IN ZERO-EMISSION SCHOOL BUSES.
§ 3. Paragraph e of subdivision 7 of section 3602 of the education
law, as amended by section 4 of part L of chapter 57 of the laws of
2005, is amended to read as follows:
e. In determining approved transportation capital, debt service and
lease expense for aid payable in the two thousand five--two thousand six
school year and thereafter, the commissioner, after applying the
provisions of paragraph c of this subdivision to such expense, shall
establish an assumed amortization pursuant to this paragraph to deter-
mine the approved capital, debt service and lease expense of the school
district that is aidable in the current year, whether or not the school
district issues debt for such expenditures, subject to any deduction
pursuant to paragraph d of this subdivision. Such assumed amortization
shall be for a period of five years, AND FOR THE TWO THOUSAND TWENTY-
TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER SUCH ASSUMED
AMORTIZATION FOR ZERO-EMISSION SCHOOL BUSES AS DEFINED IN SECTION THIR-
TY-SIX HUNDRED THIRTY-EIGHT OF THIS CHAPTER AND RELATED COSTS PURSUANT
TO PARAGRAPH F OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWENTY-
THREE-A OF THIS CHAPTER SHALL BE FOR A PERIOD OF TEN YEARS, and shall
S. 8006--A 25 A. 9006--A
commence twelve months after the school district enters into a purchase
contract[,] OR lease of the school bus, CHARGING STATION, HYDROGEN REFU-
ELING STATION, or equipment, or a general contract for the construction,
reconstruction, lease or purchase of a transportation storage facility
or site in an amount less than ten thousand dollars[; except that where
expenses were incurred for the purchase or lease of a school bus or
equipment or the construction, reconstruction, lease or purchase of a
transportation storage facility or site prior to July first, two thou-
sand five and debt service was still outstanding or the lease was still
in effect as of such date, the assumed amortization shall commence as of
July first, two thousand five and the period of the amortization shall
be for a period equal to five years less the number of years, rounded to
the nearest year, elapsed from the date upon which the school district
first entered into such purchase contract or general contract and July
first, two thousand five, as determined by the commissioner, or the
remaining term of the lease as of such date]. Such assumed amortization
shall provide for equal semiannual payments of principal and interest
based on an assumed interest rate established by the commissioner pursu-
ant to this paragraph. By the first day of September of the current year
commencing with the two thousand five--two thousand six school year,
each school district shall provide to the commissioner in a format
prescribed by the commissioner such information as the commissioner
shall require for all capital debt incurred by such school district
during the preceding school year for expenses allowable pursuant to
subdivision two of section thirty-six hundred twenty-three-a of this
article. Based on such reported amortizations and a methodology
prescribed by the commissioner in regulations, the commissioner shall
compute an assumed interest rate that shall equal the average of the
interest rates applied to all such debt issued during the preceding
school year. The assumed interest rate shall be the interest rate of
each such school district applicable to the current year for the
purposes of this paragraph and shall be expressed as a decimal to five
places rounded to the nearest eighth of one-one hundredth.
§ 4. Subparagraph 7 of paragraph e of subdivision 1 of section 3623-a
of the education law, as added by chapter 474 of the laws of 1996, is
amended to read as follows:
(7) fuel, oil, tires, chains, maintenance and repairs for school
buses, PROVIDED THAT FOR PURPOSES OF THIS ARTICLE, FUEL SHALL INCLUDE
ELECTRICITY USED TO CHARGE OR HYDROGEN USED TO REFUEL ZERO-EMISSION
SCHOOL BUSES FOR THE AIDABLE TRANSPORTATION OF PUPILS, BUT SHALL NOT
INCLUDE ELECTRICITY OR HYDROGEN USED FOR OTHER PURPOSES;
§ 5. Clause (a) of subdivision 29 of paragraph a of section 11.00 of
the local finance law, as amended by section 2 of chapter 300 of the
laws of 1971, is amended to read as follows:
(a) a passenger vehicle, other than a ZERO-EMISSION school bus, having
a seating capacity of less than ten persons,
§ 6. Subdivision 21-a of section 1604 of the education law, as added
by chapter 472 of the laws of 1998, is amended to read as follows:
21-a. To lease a motor vehicle or vehicles to be used for the trans-
portation of the children of the district from a school district, board
of cooperative educational services or county vocational education and
extension board or from any other source, under the conditions specified
in this subdivision. No such agreement for the lease of a motor vehicle
or vehicles shall be for a term of more than one school year, provided
that when authorized by a vote of the qualified voters of the district
such lease may have a term of up to five years, OR TEN YEARS FOR THE
S. 8006--A 26 A. 9006--A
LEASE OF ZERO-EMISSION SCHOOL BUSES AS DEFINED IN SECTION THIRTY-SIX
HUNDRED THIRTY-EIGHT OF THIS CHAPTER. Where the trustee or board of
trustees enter into a lease of a motor vehicle or vehicles pursuant to
this subdivision for a term of one school year or less, such trustee or
board shall not be authorized to enter into another lease for the same
or an equivalent replacement vehicle or vehicles, as determined by the
commissioner, without obtaining approval of the qualified voters of the
school district.
§ 7. Paragraph i of subdivision 25 of section 1709 of the education
law, as added by chapter 472 of the laws of 1998, is amended to read as
follows:
i. In addition to the authority granted in paragraph e of this subdi-
vision, the board of education shall be authorized to lease a motor
vehicle or vehicles to be used for the transportation of the children of
the district from sources other than a school district, board of cooper-
ative educational services or county vocational education and extension
board under the conditions specified in this paragraph. No such agree-
ment for the lease of a motor vehicle or vehicles shall be for a term of
more than one school year, provided that when authorized by a vote of
the qualified voters of the district such lease may have a term of up to
five years, OR TEN YEARS FOR THE LEASE OF ZERO-EMISSION SCHOOL BUSES AS
DEFINED IN SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THIS CHAPTER.
Where the board of education enters a lease of a motor vehicle or vehi-
cles pursuant to this paragraph for a term of one school year or less,
such board shall not be authorized to enter into another lease of the
same or an equivalent replacement vehicle or vehicles, as determined by
the commissioner, without obtaining approval of the voters.
§ 8. Subdivision 29-a of paragraph a of section 11.00 of the local
finance law, as added by section 1 of part BB of chapter 58 of the laws
of 2015, is amended to read as follows:
29-a. Transit motor vehicles. The purchase of municipally owned omni-
bus or similar surface transit motor vehicles OR A ZERO-EMISSION SCHOOL
BUS OWNED BY A SCHOOL DISTRICT DEFINED PURSUANT TO SUBDIVISION TWO OF
SECTION TWO OF THIS CHAPTER, A CITY SCHOOL DISTRICT WITH A POPULATION OF
MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES, ten years.
§ 9. This act shall take effect immediately.
PART C
Section 1. Subdivision 2 of section 3001 of the education law, as
amended by chapter 658 of the laws of 2002, is amended to read as
follows:
2. Not in possession of a teacher's certificate OR TEMPORARY PERMIT
issued under the authority of this chapter or a diploma issued on the
completion of a course in state college for teachers or state teachers
college of this state.
The provisions of this subdivision shall not prohibit a certified
teacher from permitting a practice or cadet teacher enrolled in an
approved teacher education program from teaching a class without the
presence of the certified teacher in the classroom provided the class-
room certified teacher is available at all times and retains supervision
of the practice or cadet teacher. The number of certified teachers shall
not be diminished by reason of the presence of cadet teachers.
§ 2. The education law is amended by adding a new section 3001-e to
read as follows:
S. 8006--A 27 A. 9006--A
§ 3001-E. TEMPORARY PROFESSIONAL PERMIT; APPLICANT PENDING CERTIF-
ICATE. UPON SUBMISSION TO THE DEPARTMENT OF A COMPLETED APPLICATION AND
DOCUMENTATION NECESSARY TO DEMONSTRATE QUALIFICATIONS REQUIRED TO OBTAIN
A TEACHER'S CERTIFICATE OR OTHER SCHOOL PROFESSION CERTIFICATE ISSUED
UNDER THIS ARTICLE, AND THE APPLICANT'S WRITTEN ATTESTATION UNDER PENAL-
TY OF PERJURY THAT THE APPLICANT HAS MET ALL REQUIREMENTS OF OBTAINING
SUCH CERTIFICATE, THE COMMISSIONER SHALL ISSUE TO SUCH APPLICANT, WITHIN
FIVE BUSINESS DAYS OF THE APPLICATION'S SUBMISSION, A TEMPORARY PERMIT
VALIDATING HIS OR HER EMPLOYMENT IN A TEACHING CAPACITY OR OTHER PROFES-
SIONAL CAPACITY, AS THE CASE MAY BE, IN THE PUBLIC SCHOOLS OF THE STATE.
SUCH APPLICATION SHALL BE IN A FORM REQUIRED BY THE COMMISSIONER. A
TEMPORARY PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF ISSUE, OR UPON
ISSUANCE OF A CERTIFICATE BY THE COMMISSIONER, OR UPON NOTICE TO THE
APPLICANT BY THE DEPARTMENT THAT THE APPLICATION FOR A CERTIFICATE HAS
BEEN DENIED, WHICHEVER SHALL OCCUR FIRST. THE HOLDER OF A TEMPORARY
PERMIT SHALL BE EMPLOYED IN A TEACHING CAPACITY OR OTHER PROFESSIONAL
CAPACITY, AS THE CASE MAY BE, IN A PUBLIC SCHOOL ONLY UNDER THE SUPER-
VISION AND MENTORSHIP OF A PROFESSIONAL HOLDING A PERMANENT OR PROFES-
SIONAL CERTIFICATE IN THE SAME PROFESSION IN NEW YORK STATE AND EMPLOYED
IN THE SAME SCHOOL BUILDING, AND WITH THE ENDORSEMENT OF THE EMPLOYING
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
§ 3. The education law is amended by adding a new section 3001-f to
read as follows:
§ 3001-F. EMPLOYMENT OF INDIVIDUALS HOLDING EXPIRED CERTIFICATES.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, REGULATION, OR RULE TO THE
CONTRARY, AN INDIVIDUAL HOLDING A CERTIFICATE ISSUED UNDER THIS ARTICLE
WHICH HAS EXPIRED, AND WHO HAS REMAINED OTHERWISE QUALIFIED TO HOLD SUCH
CERTIFICATE, SHALL BE AUTHORIZED TO BE EMPLOYED IN A TEACHING CAPACITY
OR OTHER PROFESSIONAL CAPACITY, AS THE CASE MAY BE AND AS ALLOWED UNDER
THEIR EXPIRED CERTIFICATE, IN THE PUBLIC SCHOOLS OF THE STATE UPON
NOTIFICATION TO THE COMMISSIONER AND PAYMENT OF THE APPLICABLE CERTIF-
ICATE FEE. SUCH NOTIFICATION SHALL BE IN A FORM DETERMINED BY THE
COMMISSIONER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE
COMMISSIONER FROM TAKING ANY INVESTIGATORY OR DISCIPLINARY ACTION AS
AUTHORIZED UNDER LAW.
§ 4. Subdivision 1 of section 3006 of the education law is amended by
adding a new paragraph f to read as follows:
F. A TEMPORARY PROFESSIONAL PERMIT AS AUTHORIZED UNDER SECTION THREE
THOUSAND ONE-E OF THIS ARTICLE.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that section three of this act
shall expire and be deemed repealed June 30, 2024. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.
PART D
Section 1. Subparagraph 4-b of paragraph h of subdivision 2 of section
355 of the education law, as added by section 1 of part GG of chapter 56
of the laws of 2021, is amended to read as follows:
(4-b) [(i)] In state fiscal year two thousand twenty-two--two thousand
twenty-three AND THEREAFTER, the state shall appropriate and make avail-
able general fund operating support in the amount of [thirty-three
percent of] the tuition credit calculated pursuant to section six
S. 8006--A 28 A. 9006--A
hundred eighty-nine-a of this chapter [for the two thousand twenty-two-
-two thousand twenty-three academic year.
(ii) In state fiscal year two thousand twenty-three--two thousand
twenty-four, the state shall appropriate and make available general fund
operating support in the amount of sixty-seven percent of the tuition
credit calculated pursuant to section six hundred eighty-nine-a of this
chapter for the two thousand twenty-three--two thousand twenty-four
academic year.
(iii) Beginning in state fiscal year two thousand twenty-four--two
thousand twenty-five and thereafter, the state shall appropriate and
make available general fund operating support in the amount of the
tuition credit calculated pursuant to section six hundred eighty-nine-a
of this chapter] annually.
§ 2. Paragraph (f) of subdivision 7 of section 6206 of the education
law, as added by section 2 of part GG of chapter 56 of the laws of 2021,
is amended to read as follows:
(f) [(i)] In state fiscal year two thousand twenty-two--two thousand
twenty-three AND THEREAFTER, the state shall appropriate and make avail-
able general fund operating support in the amount of [thirty-three
percent of] the tuition credit calculated pursuant to section six
hundred eighty-nine-a of this chapter [for the two thousand twenty-two-
-two thousand twenty-three academic year.
(ii) In state fiscal year two thousand twenty-three--two thousand
twenty-four, the state shall appropriate and make available general fund
operating support in the amount of sixty-seven percent of the tuition
credit calculated pursuant to section six hundred eighty-nine-a of this
chapter for the two thousand twenty-three--two thousand twenty-four
academic year.
(iii) Beginning in state fiscal year two thousand twenty-four--two
thousand twenty-five and thereafter, the state shall appropriate and
make available general fund operating support in the amount of the
tuition credit calculated pursuant to section six hundred eighty-nine-a
of this chapter] annually.
§ 3. This act shall take effect immediately.
PART E
Section 1. Section 667-c of the education law, as added by section 1
of part N of chapter 58 of the laws of 2006, is amended to read as
follows:
§ 667-c. Part-time tuition assistance program awards. 1. Notwithstand-
ing any law, rule or regulation to the contrary, the president of the
higher education services corporation is authorized to make tuition
assistance program awards to:
A. part-time students enrolled at the state university, a community
college, the city university of New York, and a non-profit college or
university incorporated by the regents or by the legislature who meet
all requirements for tuition assistance program awards except for the
students' part-time attendance; OR
B. STUDENTS ENROLLED PART-TIME AT A COMMUNITY COLLEGE IN A NON-DEGREE
WORKFORCE CREDENTIAL PROGRAM APPROVED BY THE NEW YORK STATE EMPIRE STATE
DEVELOPMENT CORPORATION AND THE NEW YORK STATE REGIONAL ECONOMIC DEVEL-
OPMENT COUNCILS BASED ON AN ANALYSIS OF REGIONAL INDUSTRY TRENDS, WORK-
FORCE NEEDS AND EXISTING PROGRAM OFFERINGS.
2. For purposes of this section[, a part-time student is one who]:
S. 8006--A 29 A. 9006--A
a. FOR STUDENTS DEFINED IN PARAGRAPH A OF SUBDIVISION ONE OF THIS
SECTION, A PART-TIME STUDENT IS ONE WHO: (I) enrolled as a first-time
freshman during the two thousand six--two thousand seven academic year
or thereafter at a college or university within the state university,
including a statutory or contract college, a community college estab-
lished pursuant to article one hundred twenty-six of this chapter, the
city university of New York, or a non-profit college or university
incorporated by the regents or by the legislature;
[b. has earned at least twelve credits in each of two consecutive
semesters at one of the institutions named in paragraph a of this subdi-
vision by the time of the awards;
c.] (II) is enrolled for at least six but less than twelve semester
hours, or the equivalent, per semester in an approved undergraduate
degree program; and
[d.] (III) has a cumulative grade-point average of at least 2.00.
B. FOR STUDENTS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF THIS
SECTION, A PART-TIME STUDENT IS ONE WHO: (I) MEETS ALL REQUIREMENTS FOR
TUITION ASSISTANCE PROGRAM AWARDS EXCEPT FOR THE STUDENT'S PART-TIME
ATTENDANCE AND ANY OTHER REQUIREMENTS THAT ARE INCONSISTENT WITH THE
STUDENT'S ENROLLMENT IN A NON-DEGREE PROGRAM; AND
(II) IS ENROLLED IN AN APPROVED NON-DEGREE WORKFORCE CREDENTIAL
PROGRAM AT A COMMUNITY COLLEGE ESTABLISHED PURSUANT TO ARTICLE ONE
HUNDRED TWENTY-SIX OF THIS CHAPTER.
3. a. For part-time students defined in this section, the award shall
be calculated as provided in section six hundred sixty-seven of this
article and shall be in an amount equal to the enrollment factor percent
of the award the student would have been eligible for if the student
were enrolled full-time. [The] FOR PART-TIME STUDENTS DEFINED IN PARA-
GRAPH A OF SUBDIVISION ONE OF THIS SECTION, THE enrollment factor
percent is the percentage obtained by dividing the number of credits the
student is enrolled in, as certified by the school, by the number of
credits required for full-time study in the semester, quarter or term as
defined by the commissioner. FOR PART-TIME STUDENTS DEFINED IN PARA-
GRAPH B OF SUBDIVISION ONE OF THIS SECTION, THE ENROLLMENT FACTOR SHALL
BE CALCULATED PURSUANT TO REGULATIONS ESTABLISHED BY THE HIGHER EDUCA-
TION SERVICES CORPORATION.
b. [Any] (I) FOR PART-TIME STUDENTS DEFINED IN PARAGRAPH A OF SUBDIVI-
SION ONE OF THIS SECTION, ANY semester, quarter or term of attendance
during which a student receives an award pursuant to this section shall
be counted as the enrollment factor percent of a semester, quarter or
term toward the maximum term of eligibility for tuition assistance
awards pursuant to section six hundred sixty-seven of this article. The
total period of study for which payment may be made shall not exceed the
equivalent of the maximum period authorized for that award.
(II) FOR PART-TIME STUDENTS AS DEFINED IN PARAGRAPH B OF SUBDIVISION
ONE OF THIS SECTION, THE TOTAL PERIOD OF STUDY FOR WHICH PAYMENT MAY BE
MADE SHALL NOT EXCEED THE EQUIVALENT OF THE MAXIMUM PERIOD AUTHORIZED
FOR THE NON-DEGREE WORKFORCE CREDENTIAL PROGRAM.
§ 2. This act shall take effect immediately.
PART F
Section 1. Subparagraph (v) of paragraph b-1 of subdivision 4 of
section 661 of the education law is REPEALED.
S. 8006--A 30 A. 9006--A
§ 2. Subparagraphs (iii) and (iv) of paragraph b-1 of subdivision 4 of
section 661 of the education law, as added by section 1 of part Z of
chapter 58 of the laws of 2011, are amended to read as follows:
(iii) does not maintain good academic standing pursuant to paragraph c
of subdivision six of section six hundred sixty-five of this subpart,
and if there is no applicable existing academic standards schedule
pursuant to such subdivision, then such recipient shall be placed on the
academic standards schedule applicable to students enrolled in a four-
year or five-year undergraduate program; OR
(iv) is in default in the repayment of any state or federal student
loan, has failed to comply with the terms of any service condition
imposed by an academic performance award made pursuant to this article,
or has failed to make a refund of any award[; or].
§ 3. Paragraph d of subdivision 6 of section 661 of the education law
is REPEALED.
§ 4. This act shall take effect immediately.
PART G
Section 1. Subdivision 2 of section 669-h of the education law, as
amended by section 1 of part G of chapter 56 of the laws of 2021, is
amended to read as follows:
2. Amount. Within amounts appropriated therefor and based on avail-
ability of funds, awards shall be granted beginning with the two thou-
sand seventeen--two thousand eighteen academic year and thereafter to
applicants that the corporation has determined are eligible to receive
such awards. The corporation shall grant such awards in an amount up to
five thousand five hundred dollars or actual tuition, whichever is less;
provided, however, (a) a student who receives educational grants and/or
scholarships that cover the student's full cost of attendance shall not
be eligible for an award under this program; and (b) an award under this
program shall be applied to tuition after the application of payments
received under the tuition assistance program pursuant to section six
hundred sixty-seven of this subpart, tuition credits pursuant to section
six hundred eighty-nine-a of this article, federal Pell grant pursuant
to section one thousand seventy of title twenty of the United States
code, et seq., and any other program that covers the cost of attendance
unless exclusively for non-tuition expenses, and the award under this
program shall be reduced in the amount equal to such payments, provided
that the combined benefits do not exceed five thousand five hundred
dollars. Upon notification of an award under this program, the institu-
tion shall defer the amount of tuition. Notwithstanding paragraph h of
subdivision two of section three hundred fifty-five and paragraph (a) of
subdivision seven of section six thousand two hundred six of this chap-
ter, and any other law, rule or regulation to the contrary, the under-
graduate tuition charged by the institution to recipients of an award
shall not exceed the tuition rate established by the institution for the
two thousand sixteen--two thousand seventeen academic year provided,
however, that in the two thousand [twenty-three] TWENTY-TWO--two thou-
sand [twenty-four] TWENTY-THREE academic year and every year thereafter,
the undergraduate tuition charged by the institution to recipients of an
award shall be reset to equal the tuition rate established by the insti-
tution for the forthcoming academic year, provided further that the
tuition credit calculated pursuant to section six hundred eighty-nine-a
of this article shall be applied toward the tuition rate charged for
recipients of an award under this program. Provided further that the
S. 8006--A 31 A. 9006--A
state university of New York and the city university of New York shall
provide an additional tuition credit to students receiving an award to
cover the remaining cost of tuition.
§ 2. This act shall take effect immediately.
PART H
Section 1. Subdivision 5 of section 695-b of the education law, as
amended by chapter 535 of the laws of 2000, is amended to read as
follows:
5. "Eligible educational institution" shall mean (A) any institution
of higher education defined as an eligible educational institution in
section 529(e)(5) of the Internal Revenue Code of 1986, as amended, OR
(B) ANY APPRENTICESHIP PROGRAM DESCRIBED IN SECTION 529(C)(8) OF THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED.
§ 2. This act shall take effect immediately.
PART I
Section 1. The education law is amended by adding a new article 13-C
to read as follows:
ARTICLE 13-C
STUDENT DEBT; PROHIBITED PRACTICES
SECTION 640. STUDENT DEBT; PROHIBITED PRACTICES.
§ 640. STUDENT DEBT; PROHIBITED PRACTICES. 1. NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF LAW, RULE, OR REGULATION, NO INSTITUTION OF
HIGHER EDUCATION, INCLUDING COLLEGES, UNIVERSITIES, AND ORGANIZATIONS
OFFERING CAREER EDUCATION, AS DEFINED IN SECTION TWO OF THIS CHAPTER
SHALL:
(A) WITHHOLD A STUDENT'S TRANSCRIPT FOR FAILURE TO PAY PAST OR PRES-
ENTLY DUE TUITION;
(B) CONDITION THE RECEIPT OF A TRANSCRIPT OR OF CREDIT OR OTHER OFFI-
CIAL RECOGNITION FOR WORK COMPLETED SATISFACTORILY ON THE PAYMENT OF A
DEBT, OTHER THAN THE CONDITION OF A FEE CHARGED TO PROVIDE THE TRAN-
SCRIPT;
(C) CHARGE A HIGHER FEE FOR OBTAINING A TRANSCRIPT, OR PROVIDE LESS
FAVORABLE TREATMENT OF A TRANSCRIPT REQUEST BECAUSE A STUDENT OWES A
DEBT; OR
(D) USE TRANSCRIPT ISSUANCE AS A TOOL FOR DEBT COLLECTION.
2. THE COMMISSIONER OR THE SUPERINTENDENT OF FINANCIAL SERVICES MAY,
AFTER NOTICE AND HEARING, ENJOIN SUCH TRANSCRIPT WITHHOLDING PRACTICES
AND REQUIRE ANY COLLEGE FOUND TO BE IN VIOLATION OF THE PROVISIONS OF
THIS ARTICLE OR THE RULES OR REGULATIONS PROMULGATED HEREUNDER TO PAY TO
THE PEOPLE OF THIS STATE A PENALTY OF FIVE HUNDRED DOLLARS FOR EACH
VIOLATION.
3. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE DEPARTMENT OR THE
SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT TO THIS SECTION, ANY
PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF THIS SECTION
MAY BRING AN ACTION IN THEIR OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR
PRACTICE. THE COURT MAY, IN ITS DISCRETION, AWARD REASONABLE ATTORNEY'S
FEES TO THE PREVAILING PLAINTIFF.
4. IN ADDITION TO THE PENALTIES IMPOSED UNDER THIS SECTION, A
VIOLATION OF THIS ARTICLE SHALL BE CONSIDERED A VIOLATION OF THE LAWS
AND RULES GOVERNING HIGHER EDUCATION AWARD PROGRAMS FOR THE PURPOSE OF
S. 8006--A 32 A. 9006--A
ARTICLE FOURTEEN OF THIS CHAPTER AND THE PRESIDENT OF THE HIGHER EDUCA-
TION SERVICES CORPORATION MAY SUSPEND, LIMIT OR TERMINATE AN INSTI-
TUTION'S PARTICIPATION IN STATE HIGHER EDUCATION FINANCIAL AID PROGRAMS
UNDER SUCH ARTICLE.
5. NOTHING IN THIS ARTICLE SHALL LIMIT ANY STATUTORY OR COMMON LAW
RIGHT OF ANY PERSON TO BRING ANY ACTION IN ANY COURT FOR ANY ACT, OR THE
RIGHT OF THE STATE TO PUNISH ANY PERSON FOR ANY VIOLATION OF LAW.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
PART J
Section 1. The education law is amended by adding a new section 210-d
to read as follows:
§ 210-D. REGISTRATION OF CURRICULA. NOTWITHSTANDING ANY LAW, RULE OR
REGULATION TO THE CONTRARY, ANY NEW CURRICULUM OR PROGRAM OF STUDY
OFFERED BY ANY NOT-FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE
REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT DOES NOT
REQUIRE A MASTER PLAN AMENDMENT PURSUANT TO SECTION TWO HUNDRED THIRTY-
SEVEN OF THIS PART, OR CHARTER AMENDMENT PURSUANT TO SECTION TWO HUNDRED
SIXTEEN OF THIS PART, OR LEAD TO PROFESSIONAL LICENSURE; AND THAT IS
APPROVED BY THE STATE UNIVERSITY BOARD OF TRUSTEES, THE CITY UNIVERSITY
BOARD OF TRUSTEES, OR THE TRUSTEES OR GOVERNING BODY OF ANY OTHER NOT-
FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS WHICH (1) HAS
MAINTAINED A PHYSICAL PRESENCE IN NEW YORK STATE FOR THE IMMEDIATELY
PRECEDING TEN YEARS AND HAS BEEN OPERATED CONTINUOUSLY BY THE SAME
GOVERNING BODY DURING THE SAME IMMEDIATELY PRECEDING TEN YEAR PERIOD AND
(2) IS ACCREDITED AND HAS CONTINUED IN ACCREDITATION BY THE MIDDLE
STATES COMMISSION ON HIGHER EDUCATION ("MSCHE") OR THE DEPARTMENT FOR
THE IMMEDIATELY PRECEDING TEN YEARS, SHALL BE DEEMED AUTHORIZED FOR
TEMPORARY OPERATION PENDING PROGRAM APPROVAL FORTY-FIVE DAYS AFTER
CERTIFICATION BY THE DEPARTMENT OF SUBMISSION OF A COMPLETED APPLICATION
FOR PROGRAM APPROVAL. AS USED IN THIS SECTION, "AUTHORIZED FOR TEMPORARY
OPERATION PENDING PROGRAM APPROVAL" MEANS A COLLEGE OR UNIVERSITY MAY
OPERATE THE CURRICULUM OR PROGRAM OF STUDY ON A CONTINGENT BASIS DURING
THE REMAINDER OF THE DEPARTMENT'S PROGRAM REVIEW PROCESS, INCLUDING BUT
NOT LIMITED TO ACCEPTING ADMISSION OF STUDENTS INTO THE PROGRAM, CHARG-
ING APPLICABLE TUITION AND FEES, AND PROVIDING THE EDUCATIONAL PROGRAM-
MING TO STUDENTS. ANY COLLEGE OR UNIVERSITY OPERATING A PROGRAM AUTHOR-
IZED FOR TEMPORARY OPERATION PENDING PROGRAM APPROVAL MUST DISCLOSE THIS
STATUS AND ITS MEANING TO POTENTIAL STUDENTS IN WRITING. IF THE ACADEMIC
PROGRAM BEING OPERATED ON A TEMPORARY BASIS IS ULTIMATELY DISAPPROVED BY
THE DEPARTMENT, THE COLLEGE OR UNIVERSITY OPERATING SUCH PROGRAM SHALL
IMMEDIATELY CEASE OPERATION OF THE PROGRAM AND REFUND ALL MONIES PAID BY
STUDENTS TO ATTEND SUCH PROGRAMS. IF THE COLLEGE OR UNIVERSITY IS PLACED
ON PROBATION OR HAS ITS ACCREDITATION TERMINATED BY MSCHE, SUCH COLLEGE
OR UNIVERSITY SHALL NOTIFY THE REGENTS IN WRITING NO LATER THAN THIRTY
DAYS AFTER RECEIVING NOTICE OF ITS PROBATIONARY STATUS OR LOSS OF
ACCREDITATION BY THE MSCHE. ANY COLLEGE OR UNIVERSITY WHICH HAS ITS
ACCREDITATION PLACED ON PROBATION OR TERMINATED BY THE MSCHE OR THE
DEPARTMENT SHALL BE SUBJECT TO THE COMMISSIONER'S PROGRAM APPROVAL AND
MAY NOT OPERATE A CURRICULUM OR PROGRAM OF STUDY UNDER THE AUTHORITY OF
THIS SECTION UNTIL IT HAS BEEN REMOVED FROM PROBATION OR REGAINED
ACCREDITATION BY MSCHE OR THE DEPARTMENT, AND SHALL FURTHER REMAIN SO
RESTRICTED UNTIL IT HAS CONTINUED WITHOUT PROBATION FOR A PERIOD OF NOT
LESS THAN SIX YEARS. IF A COLLEGE OR UNIVERSITY SUBJECT TO THIS SECTION
S. 8006--A 33 A. 9006--A
INTENDS TO OFFER OR INSTITUTE AN ADDITIONAL DEGREE OR PROGRAM WHICH
CONSTITUTES A SUBSTANTIVE CHANGE, AS DEFINED AND DETERMINED BY MSCHE,
THEN THE COLLEGE OR UNIVERSITY SHALL PROVIDE THE COMMISSIONER WITH
COPIES OF ANY REPORTS OR OTHER DOCUMENTS FILED WITH MSCHE AS PART OF
MSCHE'S SUBSTANTIVE CHANGE REVIEW PROCESS AND SHALL INFORM THE COMMIS-
SIONER WHEN THE SUBSTANTIVE CHANGE IS APPROVED. ANY SUCH COLLEGE OR
UNIVERSITY THAT DOES NOT SATISFY ALL OF THE PROVISIONS OF THIS SECTION
SHALL COMPLY WITH THE PROCEDURES AND CRITERIA ESTABLISHED BY THE REGENTS
AND COMMISSIONER FOR ACADEMIC PROGRAM APPROVAL. NOTHING IN THIS SECTION
SHALL BE DEEMED TO LIMIT THE DEPARTMENT'S EXISTING AUTHORITY TO INVESTI-
GATE A COMPLAINT CONCERNING THE INSTITUTION, OR ANY PROGRAM OFFERED,
INCLUDING THE AUTHORITY TO DEREGISTER THE PROGRAM.
§ 2. This act shall take effect July 1, 2022.
PART K
Section 1. Section 1503 of the business corporation law is amended by
adding a new paragraph (h) to read as follows:
(H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFES-
SIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED
FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF
REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM INCORPORATED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM
THAT IS INCORPORATED UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES. FOR PURPOSES OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS
TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL
HAVE ATTACHED TO ITS CERTIFICATE OF INCORPORATION A CERTIFICATE OR
CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN
LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF
PARAGRAPH (B) OF THIS SECTION.
§ 2. Section 1507 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS
WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE THE PROFESSION WHICH
SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN
ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A
PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES-
S. 8006--A 34 A. 9006--A
SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE
ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT
LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
(I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
(II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
(III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
(IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS.
NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A
VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION,
THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER
SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN
VIOLATION OF THIS SECTION SHALL BE VOID.
§ 3. Section 1508 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION
PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE
DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI-
CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN ANY STATE THE
PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE
EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF
THEIR PROFESSIONS IN SUCH CORPORATION.
§ 4. Section 1509 of the business corporation law, as amended by chap-
ter 550 of the laws of 2011, is amended to read as follows:
§ 1509. Disqualification of shareholders, directors, officers and
employees.
If any shareholder, director, officer or employee of a professional
service corporation, including a design professional service corpo-
ration, who has been rendering professional service to the public
becomes legally disqualified to practice his OR HER profession within
this state, he OR SHE shall sever all employment with, and financial
interests (other than interests as a creditor) in, such corporation
forthwith or as otherwise provided in section 1510 of this article. All
provisions of law regulating the rendering of professional services by a
person elected or appointed to a public office shall be applicable to a
shareholder, director, officer and employee of such corporation in the
same manner and to the same extent as if fully set forth herein. Such
legal disqualification to practice his OR HER profession within this
state shall be deemed to constitute an irrevocable offer by the disqual-
ified shareholder to sell his OR HER shares to the corporation, pursuant
to the provisions of section 1510 of this article or of the certificate
of incorporation, by-laws or agreement among the corporation and all
shareholders, whichever is applicable. Compliance with the terms of such
offer shall be specifically enforceable in the courts of this state. A
professional service corporation's failure to enforce compliance with
S. 8006--A 35 A. 9006--A
this provision shall constitute a ground for forfeiture of its certif-
icate of incorporation and its dissolution.
§ 5. Paragraph (a) of section 1511 of the business corporation law, as
amended by chapter 550 of the laws of 2011, is amended and a new para-
graph (c) is added to read as follows:
(a) No shareholder of a professional service corporation [or], INCLUD-
ING a design professional service corporation, may sell or transfer his
OR HER shares in such corporation except to another individual who is
eligible to have shares issued to him OR HER by such corporation or
except in trust to another individual who would be eligible to receive
shares if he OR SHE were employed by the corporation. Nothing herein
contained shall be construed to prohibit the transfer of shares by oper-
ation of law or by court decree. No transferee of shares by operation
of law or court decree may vote the shares for any purpose whatsoever
except with respect to corporate action under sections 909 and 1001 of
this chapter. The restriction in the preceding sentence shall not apply,
however, where such transferee would be eligible to have shares issued
to him OR HER if he OR SHE were an employee of the corporation and, if
there are other shareholders, a majority of such other shareholders
shall fail to redeem the shares so transferred, pursuant to section 1510
of this article, within sixty days of receiving written notice of such
transfer. Any sale or transfer, except by operation of law or court
decree or except for a corporation having only one shareholder, may be
made only after the same shall have been approved by the board of direc-
tors, or at a shareholders' meeting specially called for such purpose by
such proportion, not less than a majority, of the outstanding shares as
may be provided in the certificate of incorporation or in the by-laws of
such professional service corporation. At such shareholders' meeting the
shares held by the shareholder proposing to sell or transfer his OR HER
shares may not be voted or counted for any purpose, unless all share-
holders consent that such shares be voted or counted. The certificate of
incorporation or the by-laws of the professional service corporation, or
the professional service corporation and the shareholders by private
agreement, may provide, in lieu of or in addition to the foregoing
provisions, for the alienation of shares and may require the redemption
or purchase of such shares by such corporation at prices and in a manner
specifically set forth therein. The existence of the restrictions on the
sale or transfer of shares, as contained in this article and, if appli-
cable, in the certificate of incorporation, by-laws, stock purchase or
stock redemption agreement, shall be noted conspicuously on the face or
back of every certificate for shares issued by a professional service
corporation. Any sale or transfer in violation of such restrictions
shall be void.
(C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE
SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR
HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE-
HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE
SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO
THIS ARTICLE.
S. 8006--A 36 A. 9006--A
§ 6. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY,
FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND
RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH
CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES
OVER THE ENTIRE THREE YEAR PERIOD THAT:
(I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
(II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
(III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
(IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC
ACCOUNTANTS.
THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC
ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY
ASSISTANT SECRETARY OF THE CORPORATION.
§ 7. Paragraph (d) of section 1525 of the business corporation law, as
added by chapter 505 of the laws of 1983, is amended to read as follows:
(d) "Foreign professional service corporation" means a professional
service corporation, whether or not denominated as such, organized under
the laws of a jurisdiction other than this state, all of the sharehold-
ers, directors and officers of which are authorized and licensed to
practice the profession for which such corporation is licensed to do
business; except that all shareholders, directors and officers of a
foreign professional service corporation which provides health services
in this state shall be licensed in this state. A FOREIGN PROFESSIONAL
SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC
ACCOUNTANCY, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE ONE HUNDRED
FORTY-NINE OF THE EDUCATION LAW, OR EQUIVALENT STATE LAW, SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN
PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR
HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH,
"FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL
CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,
THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE
BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE
OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS
AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTER-
EST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES
S. 8006--A 37 A. 9006--A
OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.
§ 8. Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(q) Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state and
each partner of a registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state. Each
partner of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state.
EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil-
ity partnership formed to provide professional engineering, land survey-
ing, geological services, architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or more of
such professions in this state. Each partner of a registered limited
liability partnership formed to provide licensed clinical social work
services in this state must be licensed pursuant to article 154 of the
education law to practice clinical social work in this state. Each part-
ner of a registered limited liability partnership formed to provide
creative arts therapy services in this state must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. Each partner of a registered limited liability partnership
formed to provide marriage and family therapy services in this state
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. Each partner of a regis-
tered limited liability partnership formed to provide mental health
counseling services in this state must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant to article 163 of the education law to practice psychoanalysis in
this state. Each partner of a registered limited liability partnership
formed to provide applied behavior analysis service in this state must
be licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. A LIMITED LIABILITY
PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN-
TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE
EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF
THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING
RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO
PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF
A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR
HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION,
"FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL
S. 8006--A 38 A. 9006--A
CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
OF A BUSINESS ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,
THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE
BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER
THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER
OF A FIRM THAT IS FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS
AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A
PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER
OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED
ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS
TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 9. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(q) Each partner of a foreign limited liability partnership which
provides medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state. Each partner of a
foreign limited liability partnership which provides professional engi-
neering, land surveying, geological services, architectural and/or land-
scape architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148 of the education law to
practice one or more of such professions. EACH PARTNER OF A FOREIGN
REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC
ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE
AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT
TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN
THIS STATE. Each partner of a foreign limited liability partnership
which provides licensed clinical social work services in this state must
be licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. Each partner of a foreign
limited liability partnership which provides creative arts therapy
services in this state must be licensed pursuant to article 163 of the
education law to practice creative arts therapy in this state. Each
partner of a foreign limited liability partnership which provides
marriage and family therapy services in this state must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education law to
practice mental health counseling in this state. Each partner of a
foreign limited liability partnership which provides psychoanalysis
services in this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state. Each partner of
a foreign limited liability partnership which provides applied behavior
analysis services in this state must be licensed or certified pursuant
S. 8006--A 39 A. 9006--A
to article 167 of the education law to practice applied behavior analy-
sis in this state. A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMIT-
ED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED
FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF
REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM
THAT IS FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 10. Subdivision (h) of section 121-101 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
(h) "Limited partnership" and "domestic limited partnership" mean,
unless the context otherwise requires, a partnership (i) formed by two
or more persons pursuant to this article or which complies with subdivi-
sion (a) of section 121-1202 of this article and (ii) having one or more
general partners and one or more limited partners. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART-
NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC
LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF
THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION
SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY
INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH
RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE
FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICEN-
SEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC
ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS
"CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED
UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTIC-
S. 8006--A 40 A. 9006--A
IPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN
ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL
CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN
SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSI-
NESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF
THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.
§ 11. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(b) With respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional service
limited liability company formed to provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state. With respect
to a professional service limited liability company formed to provide
veterinary services as such services are defined in article 135 of the
education law, each member of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect to a professional service
limited liability company formed to provide professional engineering,
land surveying, architectural, landscape architectural and/or geological
services as such services are defined in article 145, article 147 and
article 148 of the education law, each member of such limited liability
company must be licensed pursuant to article 145, article 147 and/or
article 148 of the education law to practice one or more of such
professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES
AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited liability company formed to provide licensed clinical social
work services as such services are defined in article 154 of the educa-
tion law, each member of such limited liability company shall be
licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy services as such services are defined in article 163 of the
education law, each member of such limited liability company must be
licensed pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family therapy
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. With respect to a professional service
limited liability company formed to provide mental health counseling
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
S. 8006--A 41 A. 9006--A
pursuant to article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to provide psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article 163
of the education law to practice psychoanalysis in this state. With
respect to a professional service limited liability company formed to
provide applied behavior analysis services as such services are defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education law to practice applied behavior analysis in this state. A
PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE
IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY
DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW
(1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF
FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE LIMIT-
ED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED
FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF
REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM
THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 12. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(a) "Foreign professional service limited liability company" means a
professional service limited liability company, whether or not denomi-
nated as such, organized under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional service within this
state and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members is author-
ized by law to render a professional service within this state and who
is or has been engaged in the practice of such profession in such
professional service limited liability company or a predecessor entity,
S. 8006--A 42 A. 9006--A
or will engage in the practice of such profession in the professional
service limited liability company within thirty days of the date such
professional becomes a member, or (ii) authorized by, or holding a
license, certificate, registration or permit issued by the licensing
authority pursuant to, the education law to render a professional
service within this state; except that all members and managers, if any,
of a foreign professional service limited liability company that
provides health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine. With respect
to a foreign professional service limited liability company which
provides medical services as such services are defined in article 131 of
the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 131 of
the education law to practice medicine in this state. With respect to a
foreign professional service limited liability company which provides
dental services as such services are defined in article 133 of the
education law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a foreign
professional service limited liability company which provides profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape architectural services as such services are defined in article
145, article 147 and article 148 of the education law, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional service limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member of such foreign professional service
limited liability company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this state. With
respect to a foreign professional service limited liability company
which provides creative arts therapy services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. With respect to a foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163 of the education law, each
member of such foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. With respect to a
foreign professional service limited liability company which provides
mental health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such foreign professional
S. 8006--A 43 A. 9006--A
service limited liability company must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. With respect to a foreign professional service limited liability
company which provides psychoanalysis services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited liability
company which provides applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such foreign professional service limited liability company must be
licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. A FOREIGN PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC-
TICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1)
THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINAN-
CIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO
INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND
(2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED
LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF
THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTER-
EST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPI-
TAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTI-
TY. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS
OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS.
NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY
NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS
"CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS
REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
(2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES-
SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES
OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.
§ 13. Notwithstanding any other provision of law to the contrary,
there is hereby established a fee for each non-licensee owner of a firm
that is incorporating as a professional service corporation formed to
lawfully engage in the practice of public accountancy. Such non-licensee
owner shall pay a fee of three hundred dollars to the department of
education on an annual basis.
§ 14. This act shall take effect immediately.
PART L
Section 1. Subdivision 2 of section 410-u of the social services law,
as added by section 52 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
2. The state block grant for child care shall be divided into two
parts pursuant to a plan developed by the department and approved by the
S. 8006--A 44 A. 9006--A
director of the budget. One part shall be retained by the state to
provide child care on a statewide basis to special groups and for
activities to increase the availability and/or quality of child care
programs, including, but not limited to, the start-up of child care
programs, the operation of child care resource and referral programs,
training activities, the regulation and monitoring of child care
programs, the development of computerized data systems, and consumer
education, provided however, that child care resource and referral
programs funded under title five-B of article six of this chapter shall
meet additional performance standards developed by the department of
social services including but not limited to: increasing the number of
child care placements for persons who are at or below two hundred
PERCENT OF THE STATE INCOME STANDARD, TWO HUNDRED TWENTY-FIVE percent of
the state income standard EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-
TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE
APRIL FIRST, TWO THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE
STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR,
PROVIDED SUCH PERSONS ARE AT OR BELOW EIGHTY-FIVE PERCENT OF THE STATE
MEDIAN INCOME, with emphasis on placements supporting local efforts in
meeting federal and state work participation requirements, increasing
technical assistance to all modalities of legal child care to persons
who are at or below two hundred PERCENT OF THE STATE INCOME STANDARD,
TWO HUNDRED TWENTY-FIVE percent of the state income standard[,] EFFEC-
TIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO, TWO HUNDRED SIXTY PERCENT OF
THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-
THREE, OR THREE HUNDRED PERCENT OF THE STATE INCOME STANDARD EFFECTIVE
APRIL FIRST, TWO THOUSAND TWENTY-FOUR, PROVIDED SUCH PERSONS ARE AT OR
BELOW EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME, including the
provision of training to assist providers in meeting child care stand-
ards or regulatory requirements, and creating new child care opportu-
nities, and assisting social services districts in assessing and
responding to child care needs for persons at or below two hundred
PERCENT OF THE STATE INCOME STANDARD, TWO HUNDRED TWENTY-FIVE percent of
the state income standard EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-
TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE
APRIL FIRST, TWO THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE
STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR,
PROVIDED SUCH PERSONS ARE AT OR BELOW EIGHTY-FIVE PERCENT OF THE STATE
MEDIAN INCOME. The department shall have the authority to withhold funds
from those agencies which do not meet performance standards. Agencies
whose funds are withheld may have funds restored upon achieving perform-
ance standards. The other part shall be allocated to social services
districts to provide child care assistance to families receiving family
assistance and to other low income families.
§ 2. Subdivision 3 of section 410-v of the social services law, as
added by section 52 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
3. Any portion of a social services district's block grant allocation
for a particular federal fiscal year that is not claimed by such
district during that federal fiscal year [shall] MAY be added to that
social services district's block grant allocation for the next federal
fiscal year.
§ 3. Subdivisions 1, 3 and 4 of section 410-w of the social services
law, as amended by chapter 569 of the laws of 2001 and paragraph (a) of
subdivision 4 as amended by chapter 135 of the laws of 2007, are amended
and two new subdivisions 2-a and 10 are added to read as follows:
S. 8006--A 45 A. 9006--A
1. A social services district may use the funds allocated to it from
the block grant to provide child care assistance to:
(a) families receiving public assistance when such child care assist-
ance is necessary: to enable a parent or caretaker relative to engage in
work, participate in work activities or perform a community service
pursuant to title nine-B of article five of this chapter; to enable a
teenage parent to attend high school or other equivalent training
program; because the parent or caretaker relative is physically or
mentally incapacitated; or because family duties away from home necessi-
tate the parent or caretaker relative's absence; child day care shall be
provided during breaks in activities, for a period of up to two weeks.
Such child day care may be authorized for a period of up to one month if
child care arrangements shall be lost if not continued, and the program
or employment is scheduled to begin within such period;
(b) families with incomes up to two hundred PERCENT OF THE STATE
INCOME STANDARD, TWO HUNDRED TWENTY-FIVE percent of the state income
standard EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO, TWO HUNDRED
SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO
THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE STATE INCOME
STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR who are
attempting through work activities to transition off of public assist-
ance when such child care is necessary in order to enable a parent or
caretaker relative to engage in work provided such families' public
assistance has been terminated as a result of increased hours of or
income from employment or increased income from child support payments
or the family voluntarily ended assistance; [and,] provided that the
family received public assistance at least three of the six months
preceding the month in which eligibility for such assistance terminated
or ended or provided that such family has received child care assistance
under subdivision four of this section; AND PROVIDED, THE FAMILY INCOME
DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME;
(c) families with incomes up to two hundred PERCENT OF THE STATE
INCOME STANDARD, TWO HUNDRED TWENTY-FIVE percent of the state income
standard EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO, TWO HUNDRED
SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO
THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE STATE INCOME
STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR, which are
determined in accordance with the regulations of the department to be at
risk of becoming dependent on family assistance; PROVIDED, THE FAMILY
INCOME DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME;
(d) families with incomes up to two hundred PERCENT OF THE STATE
INCOME STANDARD, TWO HUNDRED TWENTY-FIVE percent of the state income
standard EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO, TWO HUNDRED
SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO
THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE STATE INCOME
STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR who are attend-
ing a post secondary educational program and working at least seventeen
and one-half hours per week; PROVIDED, THE FAMILY INCOME DOES NOT EXCEED
EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME; and
(e) other families with incomes up to two hundred PERCENT OF THE STATE
INCOME STANDARD, TWO HUNDRED TWENTY-FIVE percent of the state income
standard EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO, TWO HUNDRED
SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO
THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE STATE INCOME
STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR which the
social services district designates in its consolidated services plan as
S. 8006--A 46 A. 9006--A
eligible for child care assistance in accordance with criteria estab-
lished by the department; PROVIDED, THE FAMILY INCOME DOES NOT EXCEED
EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME.
2-A. A SOCIAL SERVICES DISTRICT MAY, UPON APPROVAL BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES AND IN ACCORDANCE WITH CRITERIA ESTABLISHED
BY THE OFFICE, USE THE FUNDS ALLOCATED TO IT FROM THE BLOCK GRANT TO
PROVIDE CHILD CARE ASSISTANCE TO FAMILIES WITH INCOMES UP TO THREE
HUNDRED PERCENT OF THE STATE INCOME STANDARD, PROVIDED SUCH FAMILIES
INCOME DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME
STANDARD.
3. A social services district shall guarantee child care assistance to
families in receipt of public assistance with children under thirteen
years of age when such child care assistance is necessary for a parent
or caretaker relative to engage in work or participate in work activ-
ities pursuant to the provisions of title nine-B of article five of this
chapter. Child care assistance shall continue to be guaranteed for such
a family for a period of twelve months after the month in which the
family's eligibility for public assistance has terminated or ended when
such child care is necessary in order to enable the parent or caretaker
relative to engage in work, provided that the family's public assistance
has been terminated as a result of an increase in the hours of or income
from employment or increased income from child support payments or
because the family voluntarily ended assistance; that the family
received public assistance in at least three of the six months preceding
the month in which eligibility for such assistance terminated or ended
or provided that such family has received child care assistance under
subdivision four of this section; [and] that the family's income does
not exceed two hundred PERCENT OF THE STATE INCOME STANDARD, TWO HUNDRED
TWENTY-FIVE percent of the state income standard EFFECTIVE AUGUST FIRST,
TWO THOUSAND TWENTY-TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE INCOME
STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-THREE, OR THREE
HUNDRED PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO
THOUSAND TWENTY-FOUR; AND THAT THE FAMILY INCOME DOES NOT EXCEED EIGHT-
Y-FIVE PERCENT OF THE STATE MEDIAN INCOME. Such child day care shall
recognize the need for continuity of care for the child and a district
shall not move a child from an existing provider unless the participant
consents to such move.
4. (a) Local social services districts shall guarantee applicants who
would otherwise be eligible for, or are recipients of, public assistance
benefits and who are employed, the option to choose to receive continu-
ing child day care subsidies in lieu of public assistance benefits, for
such period of time as the recipient continues to be eligible for public
assistance. For the purposes of this subdivision, an eligible applicant
for, or recipient of, public assistance benefits and who is employed
includes a person whose gross earnings equal, or are greater than, the
required number of work hours times the state minimum wage. Recipients
of child care subsidies under this subdivision who are no longer eligi-
ble for public assistance benefits, shall be eligible for transitional
child care described in paragraph (b) of subdivision one of this section
as if they had been recipients of public assistance.
(b) Nothing herein shall be construed to waive the right of an appli-
cant who chooses to receive continuing child day care subsidies pursuant
to this section from applying for ongoing public assistance.
10. FOR THE PURPOSES OF THIS SECTION, THE TERM "STATE MEDIAN INCOME"
MEANS THE MOST RECENT STATE MEDIAN INCOME DATA PUBLISHED BY THE BUREAU
OF THE CENSUS, FOR A FAMILY OF THE SAME SIZE, UPDATED BY THE DEPARTMENT
S. 8006--A 47 A. 9006--A
FOR A FAMILY SIZE OF FOUR AND ADJUSTED BY THE DEPARTMENT FOR FAMILY
SIZE.
§ 4. This act shall take effect immediately; provided, however, that
subdivision 2-a of section 410-w of the social services law, as added by
section three of this act, shall expire and be deemed repealed April 1,
2024.
PART M
Section 1. Section 3 of part N of chapter 56 of the laws of 2020,
amending the social services law relating to restructuring financing for
residential school placements, as amended by section 1 of part I of
chapter 56 of the laws of 2021, is amended to read as follows:
§ 3. This act shall take effect immediately [and shall expire and be
deemed repealed April 1, 2022]; provided however that the amendments to
subdivision 10 of section 153 of the social services law made by section
one of this act, shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.
§ 2. This act shall take effect immediately.
PART N
Section 1. Section 28 of part C of chapter 83 of the laws of 2002,
amending the executive law and other laws relating to funding for chil-
dren and family services, as amended by section 1 of subpart A of part K
of chapter 56 of the laws of 2017, is amended to read as follows:
§ 28. This act shall take effect immediately; provided that sections
nine through eighteen and twenty through twenty-seven of this act shall
be deemed to have been in full force and effect on and after April 1,
2002; provided, however, that section fifteen of this act shall apply to
claims that are otherwise reimbursable by the state on or after April 1,
2002 except as provided in subdivision 9 of section 153-k of the social
services law as added by section fifteen of this act; provided further
however, that nothing in this act shall authorize the office of children
and family services to deny state reimbursement to a social services
district for violations of the provisions of section 153-d of the social
services law for services provided from January 1, 1994 through March
31, 2002; provided that section nineteen of this act shall take effect
September 13, 2002 and shall expire and be deemed repealed June 30,
2012; and, provided further, however, that notwithstanding any law to
the contrary, the office of children and family services shall have the
authority to promulgate, on an emergency basis, any rules and regu-
lations necessary to implement the requirements established pursuant to
this act; provided further, however, that the regulations to be devel-
oped pursuant to section one of this act shall not be adopted by emer-
gency rule; and provided further that the provisions of sections nine
through eighteen and twenty through twenty-seven of this act shall
expire and be deemed repealed on June 30, [2022] 2027.
§ 2. This act shall take effect immediately.
PART O
Section 1. Section 398-a of the social services law is amended by
adding a new subdivision 2-c to read as follows:
(2-C) THOSE SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST, TWO THOU-
SAND TWENTY-TWO WERE PAYING AT LEAST ONE HUNDRED PERCENT OF THE APPLICA-
S. 8006--A 48 A. 9006--A
BLE RATES PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR FOR
CARE PROVIDED TO FOSTER CHILDREN IN REGULAR, THERAPEUTIC, SPECIAL NEEDS,
AND EMERGENCY FOSTER BOARDING HOMES SHALL PAY FOR THE TWO THOUSAND TWEN-
TY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND FOR EACH SUBSEQUENT RATE
YEAR THEREAFTER AT LEAST ONE HUNDRED PERCENT OF THE APPLICABLE RATES
PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THAT RATE
YEAR. THOSE SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST, TWO THOU-
SAND TWENTY-TWO WERE PAYING LESS THAN THE APPLICABLE RATES PUBLISHED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE TWO THOUSAND TWENTY-
TWO--TWO THOUSAND TWENTY-THREE RATE YEAR FOR CARE PROVIDED TO FOSTER
CHILDREN IN REGULAR, THERAPEUTIC, SPECIAL NEEDS AND EMERGENCY FOSTER
BOARDING HOMES SHALL INCREASE THEIR RATES OF PAYMENT SO THAT: EFFECTIVE
JULY FIRST, TWO THOUSAND TWENTY-TWO THE DIFFERENCE BETWEEN THE PERCENT-
AGE OF THE APPLICABLE RATES PUBLISHED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
THREE RATE YEAR AND THE RATES SUCH DISTRICTS ARE PAYING IS AT LEAST
ONE-HALF LESS THAN THE DIFFERENCE BETWEEN THE PERCENTAGE OF THE APPLICA-
BLE RATES PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND THE
RATES THAT SUCH DISTRICTS WERE PAYING FOR SUCH PROGRAMS ON JULY FIRST,
TWO THOUSAND TWENTY-TWO; AND EFFECTIVE JULY FIRST, TWO THOUSAND TWENTY-
THREE FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR RATE
YEAR AND FOR EACH SUBSEQUENT YEAR THEREAFTER ALL SOCIAL SERVICES
DISTRICTS SHALL PAY AT LEAST ONE HUNDRED PERCENT OF THE APPLICABLE RATES
PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE APPLICA-
BLE RATE YEAR.
§ 2. This act shall take effect immediately.
PART P
Section 1. Subdivision 1 of section 2504 of the public health law, as
added by chapter 769 of the laws of 1972, is amended to read as follows:
1. Any person who is eighteen years of age or older, or is the parent
of a child or has married, OR IS A HOMELESS YOUTH AS DEFINED BY SUBDIVI-
SION TWO OF SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, may
give effective consent for medical, dental, health and hospital services
for himself or herself, and the consent of no other person shall be
necessary.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
PART Q
Section 1. Paragraph (a) of subdivision 3 of section 259-i of the
executive law is amended by adding a new subparagraph (ix) to read as
follows:
(IX) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS PARAGRAPH, AN OFFI-
CER WHO TAKES INTO CUSTODY PURSUANT TO A WARRANT AUTHORIZED BY THIS
SECTION A JUVENILE OFFENDER OR ADOLESCENT OFFENDER UNDER THE AGE OF
TWENTY-ONE, OR ANY OTHER DEFENDANT UNDER THE AGE OF EIGHTEEN, SHALL TAKE
SUCH PERSON AND HAVE THEM DETAINED IN A PLACE CERTIFIED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES AS A SECURE OR SPECIALIZED SECURE DETENTION
S. 8006--A 49 A. 9006--A
FACILITY, AS APPROPRIATE, EXCEPT THAT A PERSON PAROLED, CONDITIONALLY
RELEASED, OR RELEASED TO POST-RELEASE SUPERVISION FROM A SECURE FACILITY
OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY ALSO BE HELD
IN SUCH A FACILITY. IF A PERSON SIXTEEN YEARS OF AGE OR OLDER AND UNDER
THE AGE OF EIGHTEEN WHO IS CHARGED WITH A CLASS A FELONY, A VIOLENT
FELONY OFFENSE, OR A FELONY INVOLVING THE USE OR POSSESSION OF A FIREARM
TAKEN INTO CUSTODY PURSUANT TO THIS SECTION IS UNABLE TO BE LODGED IN
SUCH A FACILITY, THE OFFICER HAVING CUSTODY OF SUCH PERSON OR OTHER
APPROPRIATE OFFICIAL MUST PETITION THE SENTENCING COURT FOR APPROVAL TO
LODGE THE PERSON IN A LOCAL CORRECTIONAL FACILITY. THE COURT SHALL HOLD
A HEARING AT WHICH IT DETERMINES WHETHER IT WOULD BE IN THE INTEREST OF
JUSTICE FOR THE VIOLATOR TO BE HELD IN SUCH A FACILITY, CONSIDERING (A)
THE AGE OF THE ALLEGED VIOLATOR, (B) THE PHYSICAL AND MENTAL MATURITY OF
THE ALLEGED VIOLATOR, (C) THE PRESENT MENTAL STATE OF THE ALLEGED VIOLA-
TOR, INCLUDING WHETHER THE ALLEGED VIOLATOR PRESENTS AN IMMINENT RISK OF
HARM TO SELF OR OTHERS, (D) THE NATURE AND CIRCUMSTANCES OF THE ALLEGED
OFFENSE, (E) THE ALLEGED VIOLATOR'S HISTORY OF PRIOR DELINQUENT OR CRIM-
INAL ACTS, (F) THE RELATIVE ABILITY OF THE AVAILABLE LOCAL CORRECTIONAL
AND DETENTION FACILITIES TO NOT ONLY MEET THE SPECIFIC NEEDS OF THE
ALLEGED VIOLATOR BUT ALSO TO PROTECT THE SAFETY OF THE PUBLIC AS WELL AS
OTHER DETAINED YOUTH, AND (G) ANY OTHER RELEVANT FACTOR. IF THE COURT
FINDS THAT IT WOULD BE IN THE INTEREST OF JUSTICE FOR THE ALLEGED VIOLA-
TOR TO BE LODGED IN A LOCAL CORRECTIONAL FACILITY, THE COURT MUST ISSUE
A WRITTEN ORDER SO INDICATING, AND SHALL HOLD A HEARING AT LEAST ONCE
EVERY THIRTY DAYS TO DETERMINE IF SUCH LODGING CONTINUES TO BE IN THE
INTEREST OF JUSTICE. NO ALLEGED VIOLATOR TO WHOM THE PROVISIONS OF THIS
SUBPARAGRAPH APPLY MAY BE DETAINED IN A LOCAL CORRECTIONAL FACILITY FOR
LONGER THAN ONE HUNDRED EIGHTY DAYS UNLESS THE VIOLATOR WAIVES SUCH
LIMITATION OR THE COURT FINDS GOOD CAUSE FOR SUCH CONTINUED DETENTION.
NO ALLEGED VIOLATOR UNDER THE AGE OF EIGHTEEN TO WHOM THE PROVISIONS OF
THIS SECTION APPLY MAY HAVE SIGHT OR SOUND CONTACT WITH ADULTS INCARCER-
ATED IN THE LOCAL CORRECTIONAL FACILITY. NO ALLEGED VIOLATOR OVER THE
AGE OF EIGHTEEN SHALL BE PERMITTED TO HAVE SIGHT OR SOUND CONTACT WITH
AN INCARCERATED ADULT WITHOUT A HEARING AS SET FORTH IN THIS SUBPARA-
GRAPH. NOTHING IN THIS SUBPARAGRAPH SHALL BE CONSTRUED TO PERMIT THE
SOLITARY CONFINEMENT, DISCIPLINARY ISOLATION, OR PUNITIVE SEGREGATION OF
SUCH ALLEGED VIOLATOR. THE HEARING PROVIDED FOR BY THIS SUBDIVISION IS
NOT REQUIRED FOR YOUTH TO BE DETAINED IN AN ADULT JAIL OR LOCKUP, WITH
SIGHT AND SOUND SEPARATION FROM ADULT INMATES, WHEN THE YOUTH IS
DETAINED IN AN ADULT JAIL OR LOCKUP FOR A PERIOD NOT TO EXCEED SIX HOURS
FOR PROCESSING OR RELEASE, WHILE AWAITING TRANSFER TO A JUVENILE FACILI-
TY, OR WHILE AWAITING A COURT APPEARANCE; OR THE YOUTH IS AWAITING AN
INITIAL COURT APPEARANCE THAT WILL OCCUR WITHIN FORTY-EIGHT HOURS OF
BEING TAKEN INTO CUSTODY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLI-
DAYS) AND EITHER CONDITIONS OF DISTANCE TO BE TRAVELED OR THE LACK OF
HIGHWAY, ROAD, OR TRANSPORTATION DO NOT ALLOW FOR COURT APPEARANCES
WITHIN FORTY-EIGHT HOURS (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLI-
DAYS) SO THAT A DELAY, NOT TO EXCEED AN ADDITIONAL FORTY-EIGHT HOURS, IS
EXCUSABLE, OR CONDITIONS OF SAFETY EXIST (SUCH AS SEVERE, ADVERSE, LIFE-
THREATENING WEATHER) THAT DO NOT ALLOW FOR REASONABLY SAFE TRAVEL, IN
WHICH CASE THE TIME FOR AN APPEARANCE MAY BE DELAYED UNTIL TWENTY-FOUR
HOURS AFTER THE TIME THAT SUCH CONDITIONS ALLOW FOR REASONABLY SAFE
TRAVEL.
§ 2. Subdivisions 3, 4 and 5 of section 508 of the executive law,
subdivision 3 as amended by section 82 of part WWW of chapter 59 of the
laws of 2017 and subdivisions 4 and 5 as amended by section 97 of
S. 8006--A 50 A. 9006--A
subpart B of part C of chapter 62 of the laws of 2011, are amended to
read as follows:
3. The office of children and family services shall report in writing
to the sentencing court and district attorney, not less than once every
six months during the period of confinement, on the status, adjustment,
programs and progress of the offender.
[The office of children and family services may transfer an offender
not less than eighteen years of age to the department of corrections and
community supervision if the commissioner of the office certifies to the
commissioner of corrections and community supervision that there is no
substantial likelihood that the youth will benefit from the programs
offered by office facilities.]
4. The office of children and family services may apply to the
sentencing court for permission to transfer a youth not less than
[sixteen nor more than] eighteen years of age to the department of
corrections and community supervision. Such application shall be made
upon notice to the youth, who shall be entitled to be heard upon the
application and to be represented by counsel. [The court shall grant the
application if it is satisfied that there is no substantial likelihood
that the youth will benefit from the programs offered by the office
facilities.]
5. [The office of children and family services may transfer an offen-
der not less than eighteen nor more than twenty-one years of age to the
department of corrections and community supervision if the commissioner
of the office certifies to the commissioner of corrections and community
supervision that there is no substantial likelihood that the youth will
benefit from the programs offered by office facilities.] (A) UPON
RECEIVING AN APPLICATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION,
THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER IT WOULD BE IN THE
INTEREST OF JUSTICE FOR THE YOUTH TO BE TRANSFERRED TO THE CUSTODY OF
THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
(B) IF THE COURT FINDS THAT IT WOULD BE IN THE INTEREST OF JUSTICE FOR
THE YOUTH TO BE TRANSFERRED TO THE CUSTODY OF THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, THE COURT SHALL ISSUE A WRITTEN
ORDER SO STATING AND TRANSFERRING THE YOUTH.
§ 3. Section 210.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS TWO, THREE, OR SIX
OF THIS SECTION, WHEN A POLICE OFFICER TAKES INTO CUSTODY PURSUANT TO A
WARRANT ISSUED BY THE SUPERIOR COURT A DEFENDANT ALLEGED TO BE A JUVE-
NILE OFFENDER OR ADOLESCENT OFFENDER UNDER THE AGE OF TWENTY-ONE, OR ANY
OTHER DEFENDANT UNDER THE AGE OF EIGHTEEN, IF A COURT IN WHICH THE
WARRANT IS RETURNABLE IS NOT AVAILABLE, THE EXECUTING OR DELEGATING
OFFICER SHALL NOT BRING THE DEFENDANT TO THE LOCAL CORRECTIONAL FACILITY
OF THE COUNTY IN WHICH SUCH COURT SITS AND SHALL BRING THE DEFENDANT
BEFORE THE ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED BY THE APPELLATE
DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT. IF SUCH
ACCESSIBLE MAGISTRATE IS NOT AVAILABLE, THE OFFICER SHALL TAKE TO AND
LODGE THE DEFENDANT IN A PLACE CERTIFIED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES AS A SECURE OR SPECIALIZED SECURE DETENTION FACILITY.
§ 4. Subdivision 1 of section 510.15 of the criminal procedure law, as
amended by chapter 813 of the laws of 2021, is amended and a new subdi-
vision 3 is added to read as follows:
1. When a principal who is under the age of sixteen is committed to
the custody of the sheriff the court must direct that the principal be
taken to and lodged in a place certified by the office of children and
S. 8006--A 51 A. 9006--A
family services as a juvenile detention facility for the reception of
children. When a principal who (a) commencing October first, two thou-
sand eighteen, is sixteen years of age; or (b) commencing October first,
two thousand nineteen, is sixteen or seventeen years of age, is commit-
ted to the custody of the sheriff, the court must direct that the prin-
cipal be taken to and lodged in a place certified by the office of chil-
dren and family services in conjunction with the state commission of
correction as a specialized secure juvenile detention facility for older
youth. Where such a direction is made the sheriff shall deliver the
principal in accordance therewith and such person shall although lodged
and cared for in a juvenile detention facility continue to be deemed to
be in the custody of the sheriff. No principal [under the age specified]
to whom the provisions of this section may apply shall be detained in
any prison, jail, lockup, or other place used for adults convicted of a
crime or under arrest and charged with the commission of a crime [with-
out the approval of the office of children and family services which
shall consult with the commission of correction if the principal is
sixteen years of age or older in the case of each principal and the
statement of its reasons therefor] EXCEPT AS PROVIDED IN SUBDIVISION
THREE OF THIS SECTION; nor shall a principal under the age specified who
is charged solely with a violation as defined in subdivision three of
section 10.00 of the penal law be subject to detention. The sheriff
shall not be liable for any acts done to or by such principal resulting
from negligence in the detention of and care for such principal, when
the principal is not in the actual custody of the sheriff.
3. (A) WHEN A PRINCIPAL SIXTEEN YEARS OF AGE OR OLDER CHARGED WITH A
CLASS A FELONY, A VIOLENT FELONY OFFENSE, OR A FELONY INVOLVING THE USE
OR POSSESSION OF A FIREARM WHO IS COMMITTED TO THE CUSTODY OF THE SHER-
IFF PURSUANT TO THIS SECTION IS UNABLE TO BE LODGED IN A DETENTION
FACILITY BECAUSE (1) THE PRINCIPAL HAS COMMITTED VIOLENT ACTS WHILE
LODGED IN A DETENTION FACILITY THAT MAKE CONTINUED LODGING IN THE FACIL-
ITY A THREAT TO THE SAFETY OF THE PRINCIPAL OR OTHERS OR TO THE SECURITY
OF THE FACILITY, OR (2) A LACK OF AVAILABLE AND ACCESSIBLE DETENTION BED
CAPACITY, THE DISTRICT ATTORNEY, SHERIFF OR DETENTION ADMINISTERING
AGENCY MAY PETITION THE COURT FOR APPROVAL TO TEMPORARILY LODGE THE
PRINCIPAL IN A LOCAL CORRECTIONAL FACILITY, SUBJECT TO THE LIMITATIONS
SET FORTH IN SECTION FIVE HUNDRED-P OF THE CORRECTION LAW.
(I) IF THE BASIS FOR THE REQUEST IS THAT THE YOUTH COMMITTED VIOLENT
ACTS WHILE LODGED IN A DETENTION FACILITY THAT MAKE THEIR CONTINUED
LODGING IN A DETENTION FACILITY AN IMMINENT THREAT TO OTHERS, OR THAT
THERE ARE NO AVAILABLE DETENTION BEDS STATEWIDE, SUCH AN APPLICATION MAY
BE MADE BY ORDER TO SHOW CAUSE AND THE COURT SHALL CONDUCT A HEARING
IMMEDIATELY, SUBJECT TO CONTINUANCE WHERE NECESSARY, PRIOR TO ISSUING A
SECURING ORDER.
(II) IN ALL OTHER INSTANCES, A MOTION FOR APPROVAL OF A TRANSFER OF A
YOUTH TO A LOCAL CORRECTIONAL FACILITY MUST BE MADE IN WRITING AND
SERVED AT LEAST EIGHT DAYS BEFORE THE TIME AT WHICH THE MOTION IS
NOTICED TO BE HEARD. IF THE MOTION IS BASED UPON THE EXISTENCE OR OCCUR-
RENCE OF FACTS, THE MOTION PAPERS MUST CONTAIN SWORN ALLEGATIONS THERE-
OF. SUCH SWORN ALLEGATIONS MAY BE BASED UPON PERSONAL KNOWLEDGE OF THE
AFFIANT OR UPON INFORMATION AND BELIEF, PROVIDED THAT IN THE LATTER
EVENT THE AFFIANT MUST STATE THE SOURCES OF SUCH INFORMATION AND THE
GROUNDS OF SUCH BELIEF. THE PEOPLE MAY FURTHER SUBMIT DOCUMENTARY
EVIDENCE SUPPORTING OR TENDING TO SUPPORT THE ALLEGATIONS OF THE MOVING
PAPERS. AT LEAST TWO DAYS BEFORE THE TIME THE MOTION IS NOTICED TO BE
HEARD, THE YOUTH MAY FILE WITH THE COURT, AND IN SUCH CASE MUST SERVE A
S. 8006--A 52 A. 9006--A
COPY THEREOF UPON THE PEOPLE, AN ANSWERING AFFIDAVIT DENYING OR ADMIT-
TING ANY OR ALL OF THE ALLEGATIONS OF THE MOVING PAPERS, AND MAY FURTHER
SUBMIT DOCUMENTARY EVIDENCE REFUTING OR TENDING TO REFUTE SUCH ALLEGA-
TIONS.
(III) THE PARTIES SHALL HAVE THE RIGHT TO PRESENT EVIDENCE, CALL
WITNESSES, AND REQUEST TO CONTINUE THE HEARING TO COMPLETE PRESENTATION
OF EVIDENCE.
(IV) THE YOUTH HAS A RIGHT TO BE PRESENT IN PERSON AT SUCH HEARING.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
OFFICE OF CHILDREN AND FAMILY SERVICES MAY, IN ITS SOLE DISCRETION, MAKE
AVAILABLE, UPON SUCH TERMS AND CONDITIONS AS IT MAY DEEM APPROPRIATE,
ANY PART OF A SECURE FACILITY OPERATED BY THE OFFICE FOR THE CARE AND
MAINTENANCE OF A PRINCIPAL DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION,
UPON REQUEST BY THE SHERIFF OR DETENTION ADMINISTERING AGENCY.
(C) THE COURT SHALL HOLD A HEARING AT WHICH IT DETERMINES WHETHER IT
WOULD BE IN THE INTEREST OF JUSTICE FOR THE PRINCIPAL TO BE HELD IN THE
LOCAL CORRECTIONAL FACILITY, CONSIDERING (I) THE AGE OF THE PRINCIPAL,
(II) THE PHYSICAL AND MENTAL MATURITY OF THE PRINCIPAL, (III) THE PRES-
ENT MENTAL STATE OF THE PRINCIPAL, INCLUDING WHETHER THE PRINCIPAL
PRESENTS AN IMMINENT RISK OF HARM TO SELF OR OTHERS, (IV) THE NATURE AND
CIRCUMSTANCES OF THE ALLEGED OFFENSE, (V) THE PRINCIPAL'S HISTORY OF
PRIOR DELINQUENT OR CRIMINAL ACTS, (VI) THE RELATIVE ABILITY OF THE
AVAILABLE LOCAL CORRECTIONAL AND JUVENILE DETENTION FACILITIES TO NOT
ONLY MEET THE SPECIFIC NEEDS OF THE PRINCIPAL BUT ALSO TO PROTECT THE
SAFETY OF THE PUBLIC AS WELL AS OTHER DETAINED YOUTH, AND (VII) ANY
OTHER RELEVANT FACTOR. THE PEOPLE SHALL HAVE THE BURDEN OF ESTABLISHING
THAT SUCH TRANSFER IS IN THE INTEREST OF JUSTICE BY A PREPONDERANCE OF
THE EVIDENCE.
(D) IF THE COURT FINDS THAT IT WOULD BE IN THE INTEREST OF JUSTICE FOR
THE PRINCIPAL TO BE LODGED IN THE LOCAL CORRECTIONAL FACILITY PURSUANT
TO PARAGRAPH (C) OF THIS SUBDIVISION, THE COURT MUST ISSUE A WRITTEN
ORDER TO THAT EFFECT, AND SHALL DIRECT THE SHERIFF TO DELIVER THE PRIN-
CIPAL TO SUCH LOCATION.
(E) THE COURT SHALL HOLD A HEARING AT LEAST ONCE EVERY THIRTY DAYS TO
DETERMINE IF THE PRINCIPAL'S LODGING IN THE LOCAL CORRECTIONAL FACILITY
CONTINUES TO BE IN THE INTEREST OF JUSTICE. NO PRINCIPAL TO WHOM THE
PROVISIONS OF THIS SECTION APPLY SHALL BE DETAINED IN A LOCAL CORREC-
TIONAL FACILITY FOR LONGER THAN ONE HUNDRED EIGHTY DAYS UNLESS THE PRIN-
CIPAL WAIVES SUCH LIMITATION OR THE COURT FINDS GOOD CAUSE FOR SUCH
CONTINUED DETENTION. NO PRINCIPAL UNDER THE AGE OF EIGHTEEN TO WHOM THE
PROVISIONS OF THIS SECTION APPLY SHALL HAVE SIGHT OR SOUND CONTACT WITH
ADULTS INCARCERATED IN THE LOCAL CORRECTIONAL FACILITY. NO PRINCIPAL
OVER THE AGE OF EIGHTEEN SHALL BE PERMITTED TO HAVE SIGHT OR SOUND
CONTACT WITH AN INCARCERATED ADULT WITHOUT A HEARING AS SET FORTH IN
THIS SUBDIVISION. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PERMIT
THE SOLITARY CONFINEMENT, DISCIPLINARY ISOLATION, OR PUNITIVE SEGRE-
GATION OF SUCH PRINCIPAL. DURING ANY PERIOD IN WHICH A PRINCIPAL TO WHOM
THE PROVISIONS OF THIS SECTION APPLIES IS LODGED IN A LOCAL CORRECTIONAL
FACILITY, THE DETENTION ADMINISTERING AGENCY SHALL REMAIN RESPONSIBLE
FOR ASSESSING THE HEALTH AND WELLBEING OF THE PRINCIPAL, CONSISTENT WITH
REGULATIONS PROMULGATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
(F) FOR ANY PRINCIPAL FOR WHOM A TEMPORARY JAIL PLACEMENT HAS BEEN
APPROVED UNDER THIS SUBDIVISION, THE DETENTION-ADMINISTERING AGENCY
SHALL ACTIVELY SEEK APPROPRIATE AND AVAILABLE DETENTION OPTIONS. IF THE
REQUEST WAS BASED ON A LACK OF DETENTION BED CAPACITY, THE DETENTION
ADMINISTERING AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
S. 8006--A 53 A. 9006--A
INFORM THE COURT UPON BED CAPACITY BECOMING AVAILABLE. UPON SUCH NOTICE,
THE COURT SHALL RESCIND THE ORDER APPROVING TRANSFER OF THE PRINCIPAL TO
THE JAIL AND ISSUE AN ORDER DIRECTING THE SHERIFF TO TRANSPORT THE PRIN-
CIPAL TO A JUVENILE FACILITY FORTHWITH.
(G) THE HEARING PROVIDED FOR BY THIS SUBDIVISION IS NOT REQUIRED FOR
YOUTH TO BE DETAINED IN AN ADULT JAIL OR LOCKUP, WITH SIGHT AND SOUND
SEPARATION FROM INCARCERATED ADULTS, WHEN:
(I) THE YOUTH IS DETAINED IN AN ADULT JAIL OR LOCKUP FOR A PERIOD NOT
TO EXCEED SIX HOURS FOR: PROCESSING OR RELEASE, WHILE AWAITING TRANSFER
TO A JUVENILE FACILITY, OR WHILE AWAITING A COURT APPEARANCE; OR
(II) THE YOUTH IS AWAITING AN INITIAL COURT APPEARANCE THAT WILL OCCUR
WITHIN FORTY-EIGHT HOURS AFTER BEING TAKEN INTO CUSTODY (EXCLUDING
SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) AND EITHER: CONDITIONS OF
DISTANCE TO BE TRAVELED OR THE LACK OF HIGHWAY, ROAD, OR TRANSPORTATION
DO NOT ALLOW FOR COURT APPEARANCES WITHIN FORTY-EIGHT HOURS (EXCLUDING
SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) SO THAT A BRIEF (NOT TO EXCEED
AN ADDITIONAL FORTY-EIGHT HOURS) DELAY IS EXCUSABLE; OR CONDITIONS OF
SAFETY EXIST (SUCH AS SEVERE, ADVERSE, LIFE THREATENING WEATHER CONDI-
TIONS) THAT DO NOT ALLOW FOR REASONABLY SAFE TRAVEL, IN WHICH CASE THE
TIME FOR AN APPEARANCE MAY BE DELAYED UNTIL TWENTY-FOUR HOURS AFTER THE
TIME THAT SUCH CONDITIONS ALLOW FOR REASONABLY SAFE TRAVEL.
§ 5. This act shall take effect immediately.
PART R
Section 1. Subdivision 1 of section 359 of the executive law, as
amended by section 42 of part AA of chapter 56 of the laws of 2019, is
amended to read as follows:
1. A local director shall designate the location of the local and
branch offices of the local veterans' service agency within his or her
jurisdiction, which offices shall be open during convenient hours. The
cost of maintenance and operation of a county veterans' service agency
shall be a county charge and the cost of maintenance and operation of a
city veterans' service agency shall be a city charge, excepting that the
state director with the approval of the veterans' services commission
shall allot and pay, from state moneys made available to him or her for
such purposes, to each county veterans' service agency and each city
veterans' service agency, an amount equal to fifty per centum of its
expenditures for maintenance and operation approved by the state direc-
tor, provided that in no event shall the amount allotted and paid for
such approved expenditures incurred in any given year exceed (1) in the
case of any county veterans' service agency in a county having a popu-
lation of not more than one hundred thousand or in the case of any city
veterans' service agency in a city having a population of not more than
one hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, nor
(2) in the case of any county veterans' service agency in a county
having a population in excess of one hundred thousand excluding the
population of any city therein which has a city veterans' service agen-
cy, the sum of [ten] TWENTY-FIVE thousand dollars, and, in addition
thereto, the sum of five thousand dollars for each one hundred thousand,
or major portion thereof, of the population of the county in excess of
one hundred thousand excluding the population of any city therein which
has a city veterans' service agency, nor (3) in the case of any city
veterans' service agency in a city having a population in excess of one
hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, and, in
addition thereto, the sum of five thousand dollars for each one hundred
S. 8006--A 54 A. 9006--A
thousand, or major portion thereof, of the population of the city in
excess of one hundred thousand. Such population shall be certified in
the same manner as provided by section fifty-four of the state finance
law.
§ 2. This act shall take effect immediately and shall apply to all
expenditures made on and after April 1, 2022.
PART S
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 P of chapter 56 of the laws of 2021, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$152.00] $161.00 for each month beginning on or after
January first, two thousand [twenty-one] TWENTY-TWO.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$176.00] $186.00 for each month beginning on
or after January first, two thousand [twenty-one] TWENTY-TWO.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$210.00] $222.00 for each month
beginning on or after January first, two thousand [twenty-one] TWENTY-
TWO.
(d) for the period commencing January first, two thousand [twenty-two]
TWENTY-THREE, 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 [twenty-two] TWENTY-THREE, but prior to June thirtieth, two
thousand [twenty-two] TWENTY-THREE, rounded to the nearest whole dollar.
§ 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
P of chapter 56 of the laws of 2021, are amended to read as follows:
(a) On and after January first, two thousand [twenty-one] TWENTY-TWO,
for an eligible individual living alone, [$881.00] $928.00; and for an
eligible couple living alone, [$1,295.00] $1,365.00.
(b) On and after January first, two thousand [twenty-one] TWENTY-TWO,
for an eligible individual living with others with or without in-kind
income, [$817.00] $864.00; and for an eligible couple living with others
with or without in-kind income, [$1,237.00] $1,307.00.
(c) On and after January first, two thousand [twenty-one] TWENTY-TWO,
(i) for an eligible individual receiving family care, [$1,060.48]
$1,107.48 if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
eligible couple receiving family care in the city of New York or the
county of Nassau, Suffolk, Westchester or Rockland, two times the amount
set forth in subparagraph (i) of this paragraph; or (iii) for an eligi-
ble individual receiving such care in any other county in the state,
[$1,022.48] $1,069.48; 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.
S. 8006--A 55 A. 9006--A
(d) On and after January first, two thousand [twenty-one] TWENTY-TWO,
(i) for an eligible individual receiving residential care, [$1,229.00]
$1,276.00 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, [$1,199.00] $1,246.00; and (iv) for an eligible couple receiving
such care in any other county in the state, two times the amount set
forth in subparagraph (iii) of this paragraph.
(e) On and after January first, two thousand [twenty-one] TWENTY-TWO,
(i) for an eligible individual receiving enhanced residential care,
[$1,488.00] $1,535.00; and (ii) for an eligible couple receiving
enhanced residential care, two times the amount set forth in subpara-
graph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty-two] TWENTY-
THREE but prior to June thirtieth, two thousand [twenty-two] TWENTY-
THREE.
§ 3. This act shall take effect December 31, 2022.
PART T
Section 1. Section 4 of part W of chapter 54 of the laws of 2016, as
amended by section 1 of part M of chapter 56 of the laws of 2019, amend-
ing the social services law relating to the powers and duties of the
commissioner of social services relating to the appointment of a tempo-
rary operator, is amended to read as follows:
§ 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,
[2022] 2025.
§ 2. This act shall take effect immediately.
PART U
Section 1. Subdivision 4 of section 158 of the social services law, as
amended by section 44 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
4. Social services officials shall determine eligibility for safety
net assistance within [forty-five] THIRTY days of receiving an applica-
tion for safety net assistance. Such officials shall notify applicants
of safety net assistance about the availability of assistance to meet
emergency circumstances or to prevent eviction.
§ 2. Subdivision 8 of section 153 of the social services law, as
amended by chapter 41 of the laws of 1992, is amended to read as
follows:
8. Any inconsistent provision of the law or regulation of the depart-
ment notwithstanding, state reimbursement shall not be made for any
expenditure made for the duplication of any grant and allowance for any
period, except as authorized by subdivision eleven of section one
hundred thirty-one of this chapter[, or for any home relief payment made
for periods prior to forty-five days after the filing of an application
S. 8006--A 56 A. 9006--A
unless the district determines pursuant to department regulations that
such assistance is required to meet emergency circumstances or prevent
eviction]. Notwithstanding any other provision of law, social services
districts are not required to provide [home relief] SAFETY NET ASSIST-
ANCE to any person, otherwise eligible, if state reimbursement is not
available in accordance with this subdivision.
§ 3. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 8 of
section 131-a of the social services law, subparagraph (ii) as amended
by section 12 of part B of chapter 436 of the laws of 1997 and subpara-
graph (iii) as amended by chapter 246 of the laws of 2002, are amended
to read as follows:
(ii) FIFTY PERCENT OF THE EARNED INCOME FOR SUCH MONTH OF ANY RECIPI-
ENT;
(III) from the earned income of any [child or relative applying for or
receiving aid pursuant to such program, or of any other individual
living in the same household as such relative and child whose needs are
taken into account in making such determination, the first ninety]
APPLICANT OR RECIPIENT, ONE HUNDRED FIFTY dollars of the [total of such]
earned income for such month THAT REMAINS AFTER APPLICATION OF SUBPARA-
GRAPH (II) OF THIS PARAGRAPH;
[(iii) forty-two percent of the earned income for such month of any
recipient in a household containing a dependent child which remains
after application of all other subparagraphs of this paragraph;
provided, however, that such percentage amount shall be adjusted in June
of each year, commencing in nineteen hundred ninety-eight, to reflect
changes in the most recently issued poverty guidelines of the United
States Bureau of the Census, such that a household of three without
special needs, living in a heated apartment in New York city and without
unearned income would become ineligible for assistance with gross earn-
ings equal to the poverty level in such guidelines; provided, however,
that no assistance shall be given to any household with gross earned and
unearned income, exclusive of income described in subparagraphs (i) and
(vi) of this paragraph, in excess of such poverty level;]
§ 4. Subdivision 10 of section 131-a of the social services law is
REPEALED.
§ 5. Subdivision 1 of section 131-n of the social services law, as
separately amended by chapters 323 and 329 of the laws of 2019, 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-
sand FIVE HUNDRED dollars for applicants, [or] three thousand SEVEN
HUNDRED FIFTY dollars FOR APPLICANTS in [the case of] households in
which any member is sixty years of age or older OR IS DISABLED OR TEN
THOUSAND DOLLARS FOR RECIPIENTS, (b) an amount up to four thousand six
hundred fifty dollars in a separate bank account established by an indi-
vidual 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 thou-
sand 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 ten thousand dollars fair market value, through
S. 8006--A 57 A. 9006--A
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 regu-
lations, (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 subdi-
vision five of section three hundred fifty-eight of this chapter and
section four hundred three of the social security act, (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, and (j) funds in a qualified
tuition program that satisfies the requirement of section 529 of the
Internal Revenue Code of 1986, as amended, and [(j)] (K) funds in a New
York achieving a better life experience savings account established in
accordance with article eighty-four of the mental hygiene law.
If federal law or regulations require the exemption or disregard of
additional income and resources in determining need for family assist-
ance, or medical assistance not exempted or disregarded pursuant to any
other provision of this chapter, the department may, by regulations
subject to the approval of the director of the budget, 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.
§ 6. This act shall take effect October 1, 2022; provided, however,
that effective immediately, any percentage adjustments reflecting chang-
es in the poverty guidelines of the United States Bureau of the Census
required in subparagraph (iii) of paragraph (a) of subdivision 8 of
section 131-a of the social services law shall cease; and provided
further that the amendments to subdivision 1 of section 131-n of the
social services law made by section five of this act shall not affect
the expiration of such section and shall be deemed to expire therewith.
PART V
Section 1. The labor law is amended by adding a new section 202-m to
read as follows:
§ 202-M. RESTRICTIONS ON EMPLOYMENT. 1. DEFINITIONS. FOR THE PURPOSES
OF THIS SECTION:
(A) "COVERED EMPLOYEE" SHALL MEAN AN EMPLOYEE EARNING LESS THAN THE
MEDIAN WAGE IN NEW YORK STATE AS DETERMINED AND PUBLISHED ON THE DEPART-
MENT'S WEBSITE BY THE COMMISSIONER ON OR BEFORE THE FIRST OF JUNE OF
EACH YEAR.
(B) "PROSPECTIVE COVERED EMPLOYEE" SHALL MEAN AN APPLICANT OR JOB
CANDIDATE FOR EMPLOYMENT FOR A JOB EARNING LESS THAN THE MEDIAN WAGE IN
NEW YORK STATE AS DETERMINED AND PUBLISHED BY THE COMMISSIONER.
(C) "NON-COMPETE AGREEMENT" SHALL MEAN AN AGREEMENT OR CONTRACT THAT
PROHIBITS, DISCOURAGES, OR OTHERWISE RESTRICTS AN EMPLOYEE FROM OBTAIN-
ING EMPLOYMENT IN ANY SPECIFIED GEOGRAPHIC AREA, FOR A SPECIFIC PERIOD
OF TIME, OR WITH ANY PARTICULAR EMPLOYER OR IN ANY PARTICULAR INDUSTRY.
(D) "EMPLOYEE" MEANS ANY PERSON EMPLOYED FOR HIRE BY AN EMPLOYER IN
ANY EMPLOYMENT.
S. 8006--A 58 A. 9006--A
(E) "EMPLOYER" INCLUDES ANY PERSON, CORPORATION, LIMITED LIABILITY
COMPANY, OR ASSOCIATION EMPLOYING ANY INDIVIDUAL IN ANY OCCUPATION,
INDUSTRY, TRADE, BUSINESS OR SERVICE. THE TERM "EMPLOYER" SHALL NOT
INCLUDE A GOVERNMENTAL AGENCY.
2. PROHIBITED NON-COMPETE AGREEMENTS. NO EMPLOYER SHALL SEEK, DEMAND,
REQUIRE, OR ACCEPT A NON-COMPETE AGREEMENT WITH A COVERED EMPLOYEE OR A
PROSPECTIVE COVERED EMPLOYEE.
3. LIMITATIONS ON PERMISSIBLE NON-COMPETE AGREEMENTS. FOR ALL EMPLOY-
EES OTHER THAN COVERED EMPLOYEES, NO EMPLOYER SHALL SEEK, REQUIRE,
DEMAND OR ACCEPT A NON-COMPETE AGREEMENT FROM ANY EMPLOYEE UNLESS THE
NON-COMPETE AGREEMENT MEETS THE FOLLOWING REQUIREMENTS:
(A) BE STRICTLY LIMITED TO BE NO MORE EXPANSIVE THAN AS REQUIRED FOR
THE PROTECTION OF THE LEGITIMATE INTEREST OF THE EMPLOYER;
(B) NOT IMPOSE UNDUE HARDSHIP ON THE EMPLOYEE;
(C) NOT BE INJURIOUS TO THE PUBLIC;
(D) BE DISCLOSED IN A WRITTEN OFFER OF EMPLOYMENT OR IN A WRITTEN
OFFER OF A PROMOTION AT LEAST TEN DAYS BEFORE THE EFFECTIVE DATE OF SUCH
EMPLOYMENT OR PROMOTION;
(E) BE WRITTEN IN THE PRIMARY LANGUAGE IDENTIFIED BY THE EMPLOYEE;
(F) BE WRITTEN AT A READING COMPREHENSION LEVEL NOT EXCEEDING THAT OF
THE EMPLOYEE;
(G) NOT CONTAIN A TERM OF MORE THAN ONE YEAR AFTER THE EMPLOYMENT HAS
ENDED;
(H) NOT REQUIRE THAT AN EMPLOYEE ADJUDICATE, INCLUDING LITIGATION OR
ARBITRATION, OUTSIDE OF THE STATE OF NEW YORK A CLAIM ARISING IN THE
STATE OF NEW YORK;
(I) BE MAINTAINED BY THE EMPLOYER FOR A PERIOD OF NOT LESS THAN SIX
YEARS FROM THE END OF THE AGREEMENT;
(J) BE VOIDABLE, AT THE OPTION OF THE EMPLOYEE, IF THE EMPLOYER CANNOT
DEMONSTRATE A CONTINUED WILLINGNESS TO EMPLOY THE EMPLOYEE; AND
(K) NOT DEPRIVE AN EMPLOYEE OF THE SUBSTANTIVE PROTECTION OF NEW YORK
LAW WITH RESPECT TO A CONTROVERSY ARISING IN THE STATE OF NEW YORK.
4. THIS SECTION SHALL NOT APPLY TO:
(A) THE ENFORCEMENT OF COVENANTS NOT TO DISCLOSE TRADE SECRETS;
(B) EMPLOYEES COVERED UNDER SECTION TWO HUNDRED TWO-K OF THIS ARTICLE;
AND
(C) AGREEMENTS BETWEEN BONA FIDE OWNERS OR PARTNERS OF A BUSINESS.
5. UPON THE REQUEST OF THE COMMISSIONER OR HIS OR HER DESIGNEE, ANY
CONTRACT OR AGREEMENT DESCRIBED IN THIS SECTION SHALL BE OPEN FOR
INSPECTION AND COPIES OF WHICH SHALL BE PROVIDED BY THE EMPLOYER TO THE
COMMISSIONER PROMPTLY UPON SUCH REQUEST.
6. ANY PERSON WHO VIOLATES THIS SECTION SHALL BE CIVILLY LIABLE TO A
COVERED EMPLOYEE FOR DAMAGES, ATTORNEY'S FEES, AND COSTS. ANY PROVISION
OF A CONTRACT THAT VIOLATES SUBDIVISION ONE, TWO, OR THREE OF THIS
SECTION SHALL BE VOIDABLE BY THE EMPLOYEE, AND IF A PROVISION IS
RENDERED VOID AT THE REQUEST OF THE EMPLOYEE, ANY MATTERS ARISING THERE-
FROM SHALL BE ADJUDICATED IN THE STATE OF NEW YORK AND NEW YORK LAW
SHALL GOVERN THE DISPUTE.
§ 2. The opening paragraph of subdivision 1 of section 218 of the
labor law, as amended by chapter 2 of the laws of 2015, is amended to
read as follows:
If the commissioner determines that an employer has violated a
provision of article six (payment of wages), article nineteen (minimum
wage act), article nineteen-A (minimum wage standards and protective
labor practices for farm workers), SECTION TWO HUNDRED TWO-M
(RESTRICTIONS ON EMPLOYMENT), section two hundred twelve-a, section two
S. 8006--A 59 A. 9006--A
hundred twelve-b, section one hundred sixty-one (day of rest) or section
one hundred sixty-two (meal periods) of this chapter, or a rule or regu-
lation promulgated thereunder, the commissioner shall issue to the
employer an order directing compliance therewith, which shall describe
particularly the nature of the alleged violation. A copy of such order
shall be provided to any employee who has filed a complaint and any
authorized representative of him or her. In addition to directing
payment of wages, benefits or wage supplements found to be due, and
liquidated damages in the amount of one hundred percent of unpaid wages,
such order, if issued to an employer who previously has been found in
violation of those provisions, rules or regulations, or to an employer
whose violation is willful or egregious, shall direct payment to the
commissioner of an additional sum as a civil penalty in an amount not to
exceed double the total amount of wages, benefits, or wage supplements
found to be due. In no case shall the order direct payment of an amount
less than the total wages, benefits or wage supplements found by the
commissioner to be due, plus the liquidated damages in the amount of one
hundred percent of unpaid wages, the appropriate civil penalty, and
interest at the rate of interest then in effect, as prescribed by the
superintendent of financial services pursuant to section fourteen-a of
the banking law per annum from the date of the underpayment to the date
of the payment. Where the violation is for a reason other than the
employer's failure to pay wages, benefits or wage supplements found to
be due, the order shall direct payment to the commissioner of a civil
penalty in an amount not to exceed one thousand dollars for a first
violation, two thousand dollars for a second violation or three thousand
dollars for a third or subsequent violation. In assessing the amount of
the penalty, the commissioner shall give due consideration to the size
of the employer's business, the good faith basis of the employer to
believe that its conduct was in compliance with the law, the gravity of
the violation, the history of previous violations and, in the case of
wages, benefits or supplements violations, the failure to comply with
recordkeeping or other non-wage requirements.
§ 3. Subdivision 1 of section 219 of the labor law, as amended by
chapter 564 of the laws of 2010, the opening paragraph as further
amended by part A of section 104 of chapter 62 of the laws of 2011, is
amended to read as follows:
1. If the commissioner determines that an employer has failed to pay
wages, benefits or wage supplements required pursuant to article six
(payment of wages), SECTION TWO HUNDRED TWO-M (RESTRICTIONS ON EMPLOY-
MENT), article nineteen (minimum wage act) or article nineteen-A (mini-
mum wage standards and protective labor practices for farm workers) of
this chapter, or a rule or regulation promulgated thereunder, the
commissioner shall issue to the employer an order directing compliance
therewith, which shall describe particularly the nature of the alleged
violation. A copy of such order shall be provided to any employee who
has filed a complaint and to his or her authorized representative. Such
order shall direct payment of wages or supplements found to be due,
liquidated damages in the amount of one hundred percent of unpaid wages,
and interest at the rate of interest then in effect as prescribed by the
superintendent of financial services pursuant to section fourteen-a of
the banking law per annum from the date of the underpayment to the date
of the payment.
At the discretion of the commissioner, the commissioner shall have
full authority to provide for inclusion of an automatic fifteen percent
additional amount of damages to come due and owing upon expiration of
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ninety days from an order to comply becoming final. The commissioner
shall provide written notice to the employer in the order to comply of
this additional damage.
§ 4. Section 340 of the general business law is amended by adding a
new subdivision 7 to read as follows:
7. NO EMPLOYER SHALL ENTER INTO A RESTRICTIVE EMPLOYMENT AGREEMENT
THAT PROHIBITS OR RESTRICTS ANY EMPLOYER'S ABILITY TO SOLICIT OR HIRE
ANOTHER EMPLOYER'S CURRENT OR FORMER EMPLOYEES. IT SHALL BE UNLAWFUL FOR
ANY ENTITY TO ENTER INTO SUCH A RESTRICTIVE EMPLOYMENT AGREEMENT OR TO
ENFORCE OR THREATEN TO ENFORCE SUCH A RESTRICTIVE EMPLOYMENT AGREEMENT.
FOR PURPOSES OF THIS SUBDIVISION, THE TERMS "EMPLOYER" AND "EMPLOYEE"
SHALL HAVE THE SAME MEANINGS AS DEFINED PURSUANT TO SECTION TWO OF THE
LABOR LAW.
§ 5. 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.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART W
Section 1. Subdivision 1 of section 198-a of the labor law, as amended
by chapter 564 of the laws of 2010, is amended to read as follows:
1. Every employer who does not pay the wages of all of his employees
in accordance with the provisions of this chapter, and the officers and
agents of any corporation, partnership, or limited liability company who
knowingly permit the corporation, partnership, or limited liability
company to violate this chapter by failing to pay the wages of any of
its employees in accordance with the provisions thereof, shall be guilty
[of a misdemeanor for the first offense and upon conviction therefor
shall be fined not less than five hundred nor more than twenty thousand
dollars or imprisoned for not more than one year, and, in the event that
any second or subsequent offense occurs within six years of the date of
conviction for a prior offense, shall be guilty of a felony for the
second or subsequent offense, and upon conviction therefor, shall be
fined not less than five hundred nor more than twenty thousand dollars
or imprisoned for not more than one year plus one day, or punished by
both such fine and imprisonment, for each such offense. An indictment of
a person or corporation operating a steam surface railroad for an
offense specified in this section may be found and tried in any county
within the state in which such railroad ran at the time of such
offense], EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER OR IN THE PENAL
LAW, OF A CLASS A MISDEMEANOR FOR FAILURE TO PAY A SINGLE EMPLOYEE LESS
THAN ONE THOUSAND DOLLARS OR LESS THAN TWENTY-FIVE THOUSAND DOLLARS TO
MORE THAN ONE EMPLOYEE; OF A CLASS E FELONY FOR FAILURE TO PAY A SINGLE
EMPLOYEE GREATER THAN ONE THOUSAND DOLLARS OR GREATER THAN TWENTY-FIVE
THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; OF A CLASS D FELONY FOR
FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN THREE THOUSAND DOLLARS OR
ONE HUNDRED THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; AND A CLASS C
FELONY FOR FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN FIFTY THOUSAND
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DOLLARS OR GREATER THAN FIVE HUNDRED THOUSAND DOLLARS TO MORE THAN ONE
EMPLOYEE. FURTHER, A COURT MAY ORDER RESTITUTION OF WAGES IN THE AMOUNT
OF THE UNDERPAYMENT AND TOGETHER WITH SUCH AMOUNTS PROVIDED FOR BY
SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER.
§ 2. Section 213 of the labor law, as amended by chapter 729 of the
laws of 1980, is amended to read as follows:
§ 213. Violations of provisions of labor law; the rules, regulations
or orders of the [industrial] commissioner and the [industrial] board
[of appeals]. Any person who violates or does not comply with any
provision of the labor law, any rule, regulation or lawful order of the
[industrial] commissioner or the [industrial] board [of appeals], and
the officers and agents of any corporation who knowingly permit the
corporation to violate such provisions, are guilty of a CLASS A misde-
meanor and upon conviction shall be punished, [except as in this chapter
or in the penal law otherwise provided, for a first offense by a fine of
not more than one hundred dollars, provided, however, that if the first
offense is a violation of a rule or provision for the protection of the
safety or health of employees or persons lawfully frequenting a place to
which this chapter applies, the punishment shall be a fine of not more
than one hundred dollars or by imprisonment for not more than fifteen
days or by both such fine and imprisonment;] IN ACCORDANCE WITH THE
PENAL LAW AND, for a second [offense by a fine of not less than one
hundred nor more than five hundred dollars, or by imprisonment for not
more than thirty days or by both such fine and imprisonment; for a
second offense by a fine of not less than three hundred dollars, or by
imprisonment for not more than sixty days, or by both such fine and
imprisonment] OR SUBSEQUENT OFFENSE COMMITTED WITHIN SIX YEARS OF THE
DATE OF CONVICTION OF PRIOR OFFENSE, ARE GUILTY OF A CLASS E FELONY AND
UPON CONVICTION SHALL BE PUNISHED IN ACCORDANCE WITH THE PENAL LAW. This
section shall not apply to any person covered by section twenty-seven-a
of this chapter.
§ 3. This act shall take effect immediately.
PART X
Section 1. Subdivision 1 of section 296 of the executive law, as
amended by chapter 365 of the laws of 2015, paragraphs (a), (b), (c) and
(d) as amended by chapter 8 of the laws of 2019, paragraph (h) as
amended by chapter 161 of the laws of 2019, paragraph (a) as separately
amended by chapter 176 of the laws of 2019, is amended to read as
follows:
1. It shall be an unlawful discriminatory practice:
(a) For an employer or licensing agency, because of an individual's
age, race, creed, color, national origin, sexual orientation, gender
identity or expression, military status, sex, disability, predisposing
genetic characteristics, familial status, marital status, or status as a
victim of domestic violence, to refuse to hire or employ or to bar or to
discharge from employment such individual or to discriminate against
such individual in compensation or in terms, conditions or privileges of
employment.
(b) For an employment agency to discriminate against any individual
because of age, race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, disability, predis-
posing genetic characteristics, familial status, [or] marital status, OR
STATUS AS A VICTIM OF DOMESTIC VIOLENCE, in receiving, classifying,
S. 8006--A 62 A. 9006--A
disposing or otherwise acting upon applications for its services or in
referring an applicant or applicants to an employer or employers.
(c) For a labor organization, because of the age, race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, sex, disability, predisposing genetic characteristics,
familial status, [or] marital status, OR STATUS AS A VICTIM OF DOMESTIC
VIOLENCE, of any individual, to exclude or to expel from its membership
such individual or to discriminate in any way against any of its members
or against any employer or any individual employed by an employer.
(d) For any employer or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make any
inquiry in connection with prospective employment, which expresses
directly or indirectly, any limitation, specification or discrimination
as to age, race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, disability, predis-
posing genetic characteristics, familial status, [or] marital status, OR
STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or any intent to make any such
limitation, specification or discrimination, unless based upon a bona
fide occupational qualification; provided, however, that neither this
paragraph nor any provision of this chapter or other law shall be
construed to prohibit the department of civil service or the department
of personnel of any city containing more than one county from requesting
information from applicants for civil service examinations concerning
any of the aforementioned characteristics, other than sexual orien-
tation, for the purpose of conducting studies to identify and resolve
possible problems in recruitment and testing of members of minority
groups to insure the fairest possible and equal opportunities for
employment in the civil service for all persons, regardless of age,
race, creed, color, national origin, sexual orientation or gender iden-
tity or expression, military status, sex, disability, predisposing
genetic characteristics, familial status, or marital status.
(e) For any employer, labor organization or employment agency to
discharge, expel or otherwise discriminate against any person because he
or she has opposed any practices forbidden under this article or because
he or she has filed a complaint, testified or assisted in any proceeding
under this article.
(f) Nothing in this subdivision shall affect any restrictions upon the
activities of persons licensed by the state liquor authority with
respect to persons under twenty-one years of age.
(g) For an employer to compel an employee who is pregnant to take a
leave of absence, unless the employee is prevented by such pregnancy
from performing the activities involved in the job or occupation in a
reasonable manner.
(h) For an employer, licensing agency, employment agency or labor
organization to subject any individual to harassment because of an indi-
vidual's age, race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, disability, predis-
posing genetic characteristics, familial status, marital status, STATUS
AS A VICTIM OF domestic violence [victim status], or because the indi-
vidual has opposed any practices forbidden under this article or because
the individual has filed a complaint, testified or assisted in any
proceeding under this article, regardless of whether such harassment
would be considered severe or pervasive under precedent applied to
harassment claims. Such harassment is an unlawful discriminatory prac-
tice when it subjects an individual to inferior terms, conditions or
S. 8006--A 63 A. 9006--A
privileges of employment because of the individual's membership in one
or more of these protected categories. The fact that such individual did
not make a complaint about the harassment to such employer, licensing
agency, employment agency or labor organization shall not be determina-
tive of whether such employer, licensing agency, employment agency or
labor organization shall be liable. Nothing in this section shall imply
that an employee must demonstrate the existence of an individual to whom
the employee's treatment must be compared. It shall be an affirmative
defense to liability under this subdivision that the harassing conduct
does not rise above the level of what a reasonable victim of discrimi-
nation with the same protected characteristic or characteristics would
consider petty slights or trivial inconveniences.
§ 2. Subdivision 1-a of section 296 of the executive law, as amended
by chapter 365 of the laws of 2015, paragraphs (b), (c) and (d) as
amended by chapter 8 of the laws of 2019, is amended to read as follows:
1-a. It shall be an unlawful discriminatory practice for an employer,
labor organization, employment agency or any joint labor-management
committee controlling apprentice training programs:
(a) To select persons for an apprentice training program registered
with the state of New York on any basis other than their qualifications,
as determined by objective criteria which permit review;
(b) To deny to or withhold from any person because of race, creed,
color, national origin, sexual orientation, gender identity or
expression, military status, sex, age, disability, familial status, [or]
marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, the right to
be admitted to or participate in a guidance program, an apprenticeship
training program, on-the-job training program, executive training
program, or other occupational training or retraining program;
(c) To discriminate against any person in his or her pursuit of such
programs or to discriminate against such a person in the terms, condi-
tions or privileges of such programs because of race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, sex, age, disability, familial status [or], marital
status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE;
(d) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for such programs or to make any inquiry in connection with such
program which expresses, directly or indirectly, any limitation, spec-
ification or discrimination as to race, creed, color, national origin,
sexual orientation, gender identity or expression, military status, sex,
age, disability, familial status [or], marital status, OR STATUS AS A
VICTIM OF DOMESTIC VIOLENCE, or any intention to make any such limita-
tion, specification or discrimination, unless based on a bona fide occu-
pational qualification.
§ 3. Paragraph (a) of subdivision 2 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(a) It shall be an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager, superintendent, agent or
employee of any place of public accommodation, resort or amusement,
because of the race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, disability [or],
marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, of any
person, directly or indirectly, to refuse, withhold from or deny to such
person any of the accommodations, advantages, facilities or privileges
thereof, including the extension of credit, or, directly or indirectly,
S. 8006--A 64 A. 9006--A
to publish, circulate, issue, display, post or mail any written or
printed communication, notice or advertisement, to the effect that any
of the accommodations, advantages, facilities and privileges of any such
place shall be refused, withheld from or denied to any person on account
of race, creed, color, national origin, sexual orientation, gender iden-
tity or expression, military status, sex, disability or marital status,
or that the patronage or custom thereat of any person of or purporting
to be of any particular race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, sex or
marital status, or having a disability is unwelcome, objectionable or
not acceptable, desired or solicited.
§ 4. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, as amended by section 3 of part T of chapter
56 of the laws of 2019, are amended to read as follows:
(a) To refuse to sell, rent or lease or otherwise to deny to or with-
hold from any person or group of persons such housing accommodations
because of the race, creed, color, disability, national origin, sexual
orientation, gender identity or expression, military status, age, sex,
marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source
of income or familial status of such person or persons, or to represent
that any housing accommodation or land is not available for inspection,
sale, rental or lease when in fact it is so available.
(b) To discriminate against any person because of his or her race,
creed, color, disability, national origin, sexual orientation, gender
identity or expression, military status, age, sex, marital status,
STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source of income or
familial status in the terms, conditions or privileges of any publicly-
assisted housing accommodations or in the furnishing of facilities or
services in connection therewith.
(c) To cause to be made any written or oral inquiry or record concern-
ing the race, creed, color, disability, national origin, sexual orien-
tation, gender identity or expression, membership in the reserve armed
forces of the United States or in the organized militia of the state,
age, sex, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE,
lawful source of income or familial status of a person seeking to rent
or lease any publicly-assisted housing accommodation; provided, however,
that nothing in this subdivision shall prohibit a member of the reserve
armed forces of the United States or in the organized militia of the
state from voluntarily disclosing such membership.
(c-1) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful
source of income or familial status, or any intent to make any such
limitation, specification or discrimination.
§ 5. Subdivisions 3-b and 4 of section 296 of the executive law, as
amended by chapter 8 of the laws of 2019, subdivision 4 as separately
amended by chapter 116 of the laws of 2019, are amended to read as
follows:
3-b. It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof or
S. 8006--A 65 A. 9006--A
any other individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such person
or any of its stockholders or members may benefit financially, to repre-
sent that a change has occurred or will or may occur in the composition
with respect to race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, disability, marital
status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or familial status of
the owners or occupants in the block, neighborhood or area in which the
real property is located, and to represent, directly or indirectly, that
this change will or may result in undesirable consequences in the block,
neighborhood or area in which the real property is located, including
but not limited to the lowering of property values, an increase in crim-
inal or anti-social behavior, or a decline in the quality of schools or
other facilities.
4. It shall be an unlawful discriminatory practice for an educational
institution to deny the use of its facilities to any person otherwise
qualified, or to permit the harassment of any student or applicant, by
reason of his race, color, religion, disability, national origin, sexual
orientation, gender identity or expression, military status, sex, age
[or], marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, except
that any such institution which establishes or maintains a policy of
educating persons of one sex exclusively may admit students of only one
sex.
§ 6. Subdivision 5 of section 296 of the executive law, as amended by
chapter 8 of the laws of 2019, paragraph (a) as amended by chapter 300
of the laws of 2021, subparagraphs 1 and 2 of paragraph (c) as amended
by section 5 and paragraph (d) as amended by section 6 of part T of
chapter 56 of the laws of 2019, is amended to read as follows:
5. (a) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, assignee, or managing agent of, or other person
having the right to sell, rent or lease a housing accommodation,
constructed or to be constructed, or any agent or employee thereof:
(1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of the race, creed, color, national origin, sexual orientation, gender
identity or expression, military status, sex, age, disability, marital
status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source of income
or familial status of such person or persons, or to represent that any
housing accommodation or land is not available for inspection, sale,
rental or lease when in fact it is so available.
(2) To discriminate against any person because of race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, STATUS AS A
VICTIM OF DOMESTIC VIOLENCE, lawful source of income or familial status
in the terms, conditions or privileges of the sale, rental or lease of
any such housing accommodation or in the furnishing of facilities or
services in connection therewith.
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful
S. 8006--A 66 A. 9006--A
source of income or familial status, or any intent to make any such
limitation, specification or discrimination.
(4) (i) The provisions of subparagraphs one and two of this paragraph
shall not apply (1) to the rental of a housing accommodation in a build-
ing which contains housing accommodations for not more than two families
living independently of each other, if the owner resides in one of such
housing accommodations, (2) to the restriction of the rental of all
rooms in a housing accommodation to individuals of the same sex or (3)
to the rental of a room or rooms in a housing accommodation, if such
rental is by the occupant of the housing accommodation or by the owner
of the housing accommodation and the owner resides in such housing
accommodation or (4) solely with respect to age and familial status to
the restriction of the sale, rental or lease of housing accommodations
exclusively to persons sixty-two years of age or older and the spouse of
any such person, or for housing intended and operated for occupancy by
at least one person fifty-five years of age or older per unit. In deter-
mining whether housing is intended and operated for occupancy by persons
fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
apply. However, such rental property shall no longer be exempt from the
provisions of subparagraphs one and two of this paragraph if there is
unlawful discriminatory conduct pursuant to subparagraph three of this
paragraph.
(ii) The provisions of subparagraphs one, two, and three of this para-
graph shall not apply (1) to the restriction of the rental of all rooms
in a housing accommodation to individuals of the same sex, (2) to the
rental of a room or rooms in a housing accommodation, if such rental is
by the occupant of the housing accommodation or by the owner of the
housing accommodation and the owner resides in such housing accommo-
dation, or (3) solely with respect to age and familial status to the
restriction of the sale, rental or lease of housing accommodations
exclusively to persons sixty-two years of age or older and the spouse of
any such person, or for housing intended and operated for occupancy by
at least one person fifty-five years of age or older per unit. In deter-
mining whether housing is intended and operated for occupancy by persons
fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
apply.
(b) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, or managing agent of, or other person having the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
(1) To refuse to sell, rent, lease or otherwise deny to or withhold
from any person or group of persons land or commercial space because of
the race, creed, color, national origin, sexual orientation, gender
identity or expression, military status, sex, age, disability, marital
status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or familial status of
such person or persons, or to represent that any housing accommodation
or land is not available for inspection, sale, rental or lease when in
fact it is so available;
(2) To discriminate against any person because of race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, STATUS AS A
VICTIM OF DOMESTIC VIOLENCE, or familial status in the terms, conditions
or privileges of the sale, rental or lease of any such land or commer-
S. 8006--A 67 A. 9006--A
cial space; or in the furnishing of facilities or services in connection
therewith;
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such land or commercial space
or to make any record or inquiry in connection with the prospective
purchase, rental or lease of such land or commercial space which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or
familial status; or any intent to make any such limitation, specifica-
tion or discrimination.
(4) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of land or commercial space exclusively to persons fifty-five
years of age or older and the spouse of any such person, or to the
restriction of the sale, rental or lease of land to be used for the
construction, or location of housing accommodations exclusively for
persons sixty-two years of age or older, or intended and operated for
occupancy by at least one person fifty-five years of age or older per
unit. In determining whether housing is intended and operated for occu-
pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
(42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
amended, shall apply.
(c) It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof:
(1) To refuse to sell, rent or lease any housing accommodation, land
or commercial space to any person or group of persons or to refuse to
negotiate for the sale, rental or lease, of any housing accommodation,
land or commercial space to any person or group of persons because of
the race, creed, color, national origin, sexual orientation, gender
identity or expression, military status, sex, age, disability, marital
status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source of income
or familial status of such person or persons, or to represent that any
housing accommodation, land or commercial space is not available for
inspection, sale, rental or lease when in fact it is so available, or
otherwise to deny or withhold any housing accommodation, land or commer-
cial space or any facilities of any housing accommodation, land or
commercial space from any person or group of persons because of the
race, creed, color, national origin, sexual orientation, gender identity
or expression, military status, sex, age, disability, marital status,
lawful source of income or familial status of such person or persons.
(2) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of any housing accommodation,
land or commercial space or to make any record or inquiry in connection
with the prospective purchase, rental or lease of any housing accommo-
dation, land or commercial space which expresses, directly or indirect-
ly, any limitation, specification, or discrimination as to race, creed,
color, national origin, sexual orientation, gender identity or
expression, military status, sex, age, disability, marital status,
STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source of income or
familial status; or any intent to make any such limitation, specifica-
tion or discrimination.
S. 8006--A 68 A. 9006--A
(3) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of any housing accommodation, land or commercial space exclusively
to persons fifty-five years of age or older and the spouse of any such
person, or to the restriction of the sale, rental or lease of any hous-
ing accommodation or land to be used for the construction or location of
housing accommodations for persons sixty-two years of age or older, or
intended and operated for occupancy by at least one person fifty-five
years of age or older per unit. In determining whether housing is
intended and operated for occupancy by persons fifty-five years of age
or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
(d) It shall be an unlawful discriminatory practice for any real
estate board, because of the race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, age, sex,
disability, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE,
lawful source of income or familial status of any individual who is
otherwise qualified for membership, to exclude or expel such individual
from membership, or to discriminate against such individual in the
terms, conditions and privileges of membership in such board.
(e) It shall be an unlawful discriminatory practice for the owner,
proprietor or managing agent of, or other person having the right to
provide care and services in, a private proprietary nursing home, conva-
lescent home, or home for adults, or an intermediate care facility, as
defined in section two of the social services law, heretofore
constructed, or to be constructed, or any agent or employee thereof, to
refuse to provide services and care in such home or facility to any
individual or to discriminate against any individual in the terms,
conditions, and privileges of such services and care solely because such
individual is a blind person. For purposes of this paragraph, a "blind
person" shall mean a person who is registered as a blind person with the
commission for the visually handicapped and who meets the definition of
a "blind person" pursuant to section three of chapter four hundred
fifteen of the laws of nineteen hundred thirteen entitled "An act to
establish a state commission for improving the condition of the blind of
the state of New York, and making an appropriation therefor".
(f) The provisions of this subdivision, as they relate to age, shall
not apply to persons under the age of eighteen years.
(g) It shall be an unlawful discriminatory practice for any person
offering or providing housing accommodations, land or commercial space
as described in paragraphs (a), (b), and (c) of this subdivision to make
or cause to be made any written or oral inquiry or record concerning
membership of any person in the state organized militia in relation to
the purchase, rental or lease of such housing accommodation, land, or
commercial space, provided, however, that nothing in this subdivision
shall prohibit a member of the state organized militia from voluntarily
disclosing such membership.
§ 7. Paragraph (a) of subdivision 9 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(a) It shall be an unlawful discriminatory practice for any fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power of appointment of volunteer firefighters, directly or indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement among its members, or otherwise, to deny to any individual
S. 8006--A 69 A. 9006--A
membership in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire depart-
ment or fire company therein, because of the race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, sex, marital status, STATUS AS A VICTIM OF DOMESTIC
VIOLENCE, or familial status, of such individual.
§ 8. Subdivision 13 of section 296 of the executive law, as amended by
chapter 8 of the laws of 2019, is amended to read as follows:
13. It shall be an unlawful discriminatory practice (i) for any person
to boycott or blacklist, or to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, sexual orientation, gender identity or
expression, military status, sex, STATUS AS A VICTIM OF DOMESTIC
VIOLENCE, disability, or familial status, or of such person, or of such
person's partners, members, stockholders, directors, officers, managers,
superintendents, agents, employees, business associates, suppliers or
customers, or (ii) for any person wilfully to do any act or refrain from
doing any act which enables any such person to take such action. This
subdivision shall not apply to:
(a) Boycotts connected with labor disputes; or
(b) Boycotts to protest unlawful discriminatory practices.
§ 9. Subdivisions 1, 2 and 3 of section 296-a of the executive law, as
amended by chapter 8 of the laws of 2019, are amended to read as
follows:
1. It shall be an unlawful discriminatory practice for any creditor or
any officer, agent or employee thereof:
a. In the case of applications for credit with respect to the
purchase, acquisition, construction, rehabilitation, repair or mainte-
nance of any housing accommodation, land or commercial space to discrim-
inate against any such applicant because of the race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, age, sex, marital status, STATUS AS A VICTIM OF DOMES-
TIC VIOLENCE, disability, or familial status of such applicant or appli-
cants or any member, stockholder, director, officer or employee of such
applicant or applicants, or of the prospective occupants or tenants of
such housing accommodation, land or commercial space, in the granting,
withholding, extending or renewing, or in the fixing of the rates, terms
or conditions of, any such credit;
b. To discriminate in the granting, withholding, extending or renew-
ing, or in the fixing of the rates, terms or conditions of, any form of
credit, on the basis of race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, age, sex,
marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, disability, or
familial status;
c. To use any form of application for credit or use or make any record
or inquiry which expresses, directly or indirectly, any limitation,
specification, or discrimination as to race, creed, color, national
origin, sexual orientation, gender identity or expression, military
status, age, sex, marital status, STATUS AS A VICTIM OF DOMESTIC
VIOLENCE, disability, or familial status;
d. To make any inquiry of an applicant concerning his or her capacity
to reproduce, or his or her use or advocacy of any form of birth control
or family planning;
e. To refuse to consider sources of an applicant's income or to
subject an applicant's income to discounting, in whole or in part,
because of an applicant's race, creed, color, national origin, sexual
S. 8006--A 70 A. 9006--A
orientation, gender identity or expression, military status, age, sex,
marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, childbearing
potential, disability, or familial status;
f. To discriminate against a married person because such person
neither uses nor is known by the surname of his or her spouse.
This paragraph shall not apply to any situation where the use of a
surname would constitute or result in a criminal act.
2. Without limiting the generality of subdivision one of this section,
it shall be considered discriminatory if, because of an applicant's or
class of applicants' race, creed, color, national origin, sexual orien-
tation, gender identity or expression, military status, age, sex, mari-
tal status [or] , STATUS AS A VICTIM OF DOMESTIC VIOLENCE, disability,
or familial status, (i) an applicant or class of applicants is denied
credit in circumstances where other applicants of like overall credit
worthiness are granted credit, or (ii) special requirements or condi-
tions, such as requiring co-obligors or reapplication upon marriage, are
imposed upon an applicant or class of applicants in circumstances where
similar requirements or conditions are not imposed upon other applicants
of like overall credit worthiness.
3. It shall not be considered discriminatory if credit differen-
tiations or decisions are based upon factually supportable, objective
differences in applicants' overall credit worthiness, which may include
reference to such factors as current income, assets and prior credit
history of such applicants, as well as reference to any other relevant
factually supportable data; provided, however, that no creditor shall
consider, in evaluating the credit worthiness of an applicant, aggregate
statistics or assumptions relating to race, creed, color, national
origin, sexual orientation, gender identity or expression, military
status, sex, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE or
disability, or to the likelihood of any group of persons bearing or
rearing children, or for that reason receiving diminished or interrupted
income in the future.
§ 10. Subdivision 2 of section 296-c of the executive law, as added by
chapter 97 of the laws of 2014, is amended to read as follows:
2. It shall be an unlawful discriminatory practice for an employer to:
a. refuse to hire or employ or to bar or to discharge from internship
an intern or to discriminate against such intern in terms, conditions or
privileges of employment as an intern because of the intern's age, race,
creed, color, national origin, sexual orientation, military status, sex,
disability, predisposing genetic characteristics, marital status, or
STATUS AS A VICTIM OF domestic violence [victim status];
b. discriminate against an intern in receiving, classifying, disposing
or otherwise acting upon applications for internships because of the
intern's age, race, creed, color, national origin, sexual orientation,
military status, sex, disability, predisposing genetic characteristics,
marital status, or STATUS AS A VICTIM OF domestic violence [victim
status];
c. print or circulate or cause to be printed or circulated any state-
ment, advertisement or publication, or to use any form of application
for employment as an intern or to make any inquiry in connection with
prospective employment, which expresses directly or indirectly, any
limitation, specification or discrimination as to age, race, creed,
color, national origin, sexual orientation, military status, sex, disa-
bility, predisposing genetic characteristics, marital status or STATUS
AS A VICTIM OF domestic violence [victim status], or any intent to make
any such limitation, specification or discrimination, unless based upon
S. 8006--A 71 A. 9006--A
a bona fide occupational qualification; provided, however, that neither
this paragraph nor any provision of this chapter or other law shall be
construed to prohibit the department of civil service or the department
of personnel of any city containing more than one county from requesting
information from applicants for civil service internships or examina-
tions concerning any of the aforementioned characteristics, other than
sexual orientation, for the purpose of conducting studies to identify
and resolve possible problems in recruitment and testing of members of
minority groups to insure the fairest possible and equal opportunities
for employment in the civil service for all persons, regardless of age,
race, creed, color, national origin, sexual orientation, military
status, sex, disability, predisposing genetic characteristics, marital
status or STATUS AS A VICTIM OF domestic violence [victim status];
d. to discharge, expel or otherwise discriminate against any person
because he or she has opposed any practices forbidden under this article
or because he or she has filed a complaint, testified or assisted in any
proceeding under this article; or
e. to compel an intern who is pregnant to take a leave of absence,
unless the intern is prevented by such pregnancy from performing the
activities involved in the job or occupation in a reasonable manner.
§ 11. Paragraph b of subdivision 3 of section 296-c of the executive
law, as added by chapter 97 of the laws of 2014, is amended to read as
follows:
b. subject an intern to unwelcome harassment based on age, sex, race,
creed, color, sexual orientation, military status, disability, predis-
posing genetic characteristics, marital status, STATUS AS A VICTIM OF
domestic violence [victim status], [or] national origin, OR where such
harassment has the purpose or effect of unreasonably interfering with
the intern's work performance by creating an intimidating, hostile, or
offensive working environment.
§ 12. This act shall take effect immediately.
PART Y
Section 1. Subdivision 37 of section 292 of the executive law, as
added by chapter 160 of the laws of 2019, is renumbered subdivision 40
and a new subdivision 41 is added to read as follows:
41. THE TERM "CITIZENSHIP OR IMMIGRATION STATUS" MEANS THE CITIZENSHIP
OF ANY PERSON OR THE IMMIGRATION STATUS OF ANY PERSON WHO IS NOT A CITI-
ZEN OF THE UNITED STATES. NOTHING IN THIS ARTICLE SHALL PRECLUDE VERIFI-
CATION OF CITIZENSHIP OR IMMIGRATION STATUS WHERE REQUIRED BY LAW, NOR
SHALL AN ADVERSE ACTION BASED ON VERIFICATION OF CITIZENSHIP OR IMMI-
GRATION STATUS BE PROHIBITED WHERE SUCH ADVERSE ACTION IS REQUIRED BY
LAW.
§ 2. Subdivision 1 of section 296 of the executive law, as amended by
chapter 365 of the laws of 2015, paragraph (a) as separately amended by
chapters 8 and 176 of the laws of 2019, paragraphs (b), (c) and (d) as
amended by chapter 8 of the laws of 2019 and paragraph (h) as amended by
chapter 161 of the laws of 2019, is amended to read as follows:
1. It shall be an unlawful discriminatory practice:
(a) For an employer or licensing agency, because of an individual's
age, race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION
STATUS, sexual orientation, gender identity or expression, military
status, sex, disability, predisposing genetic characteristics, familial
status, marital status, or status as a victim of domestic violence, to
refuse to hire or employ or to bar or to discharge from employment such
S. 8006--A 72 A. 9006--A
individual or to discriminate against such individual in compensation or
in terms, conditions or privileges of employment.
(b) For an employment agency to discriminate against any individual
because of age, race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, disability, predisposing genetic characteristics,
familial status, or marital status, in receiving, classifying, disposing
or otherwise acting upon applications for its services or in referring
an applicant or applicants to an employer or employers.
(c) For a labor organization, because of the age, race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, disability, predis-
posing genetic characteristics, familial status, or marital status of
any individual, to exclude or to expel from its membership such individ-
ual or to discriminate in any way against any of its members or against
any employer or any individual employed by an employer.
(d) For any employer or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make any
inquiry in connection with prospective employment, which expresses
directly or indirectly, any limitation, specification or discrimination
as to age, race, creed, color, national origin, CITIZENSHIP OR IMMI-
GRATION STATUS, sexual orientation, gender identity or expression, mili-
tary status, sex, disability, predisposing genetic characteristics,
familial status, or marital status, or any intent to make any such limi-
tation, specification or discrimination, unless based upon a bona fide
occupational qualification; provided, however, that neither this para-
graph nor any provision of this chapter or other law shall be construed
to prohibit the department of civil service or the department of person-
nel of any city containing more than one county from requesting informa-
tion from applicants for civil service examinations concerning any of
the aforementioned characteristics, other than sexual orientation, for
the purpose of conducting studies to identify and resolve possible prob-
lems in recruitment and testing of members of minority groups to insure
the fairest possible and equal opportunities for employment in the civil
service for all persons, regardless of age, race, creed, color, national
origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation or gender
identity or expression, military status, sex, disability, predisposing
genetic characteristics, familial status, or marital status.
(e) For any employer, labor organization or employment agency to
discharge, expel or otherwise discriminate against any person because he
or she has opposed any practices forbidden under this article or because
he or she has filed a complaint, testified or assisted in any proceeding
under this article.
(f) Nothing in this subdivision shall affect any restrictions upon the
activities of persons licensed by the state liquor authority with
respect to persons under twenty-one years of age.
(g) For an employer to compel an employee who is pregnant to take a
leave of absence, unless the employee is prevented by such pregnancy
from performing the activities involved in the job or occupation in a
reasonable manner.
(h) For an employer, licensing agency, employment agency or labor
organization to subject any individual to harassment because of an indi-
vidual's age, race, creed, color, national origin, CITIZENSHIP OR IMMI-
GRATION STATUS, sexual orientation, gender identity or expression, mili-
tary status, sex, disability, predisposing genetic characteristics,
S. 8006--A 73 A. 9006--A
familial status, marital status, domestic violence victim status, or
because the individual has opposed any practices forbidden under this
article or because the individual has filed a complaint, testified or
assisted in any proceeding under this article, regardless of whether
such harassment would be considered severe or pervasive under precedent
applied to harassment claims. Such harassment is an unlawful discrimina-
tory practice when it subjects an individual to inferior terms, condi-
tions or privileges of employment because of the individual's membership
in one or more of these protected categories. The fact that such indi-
vidual did not make a complaint about the harassment to such employer,
licensing agency, employment agency or labor organization shall not be
determinative of whether such employer, licensing agency, employment
agency or labor organization shall be liable. Nothing in this section
shall imply that an employee must demonstrate the existence of an indi-
vidual to whom the employee's treatment must be compared. It shall be an
affirmative defense to liability under this subdivision that the harass-
ing conduct does not rise above the level of what a reasonable victim of
discrimination with the same protected characteristic or characteristics
would consider petty slights or trivial inconveniences.
§ 3. Subdivision 1-a of section 296 of the executive law, as amended
by chapter 365 of the laws of 2015, paragraphs (b), (c) and (d) as
amended by chapter 8 of the laws of 2019, is amended to read as follows:
1-a. It shall be an unlawful discriminatory practice for an employer,
labor organization, employment agency or any joint labor-management
committee controlling apprentice training programs:
(a) To select persons for an apprentice training program registered
with the state of New York on any basis other than their qualifications,
as determined by objective criteria which permit review;
(b) To deny to or withhold from any person because of race, creed,
color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, familial status, or marital status, the right to be admitted to
or participate in a guidance program, an apprenticeship training
program, on-the-job training program, executive training program, or
other occupational training or retraining program;
(c) To discriminate against any person in his or her pursuit of such
programs or to discriminate against such a person in the terms, condi-
tions or privileges of such programs because of race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, age, disability,
familial status or marital status;
(d) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for such programs or to make any inquiry in connection with such
program which expresses, directly or indirectly, any limitation, spec-
ification or discrimination as to race, creed, color, national origin,
CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity
or expression, military status, sex, age, disability, familial status or
marital status, or any intention to make any such limitation, specifica-
tion or discrimination, unless based on a bona fide occupational quali-
fication.
§ 4. Paragraph (a) of subdivision 2 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(a) It shall be an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager, superintendent, agent or
S. 8006--A 74 A. 9006--A
employee of any place of public accommodation, resort or amusement,
because of the race, creed, color, national origin, CITIZENSHIP OR IMMI-
GRATION STATUS, sexual orientation, gender identity or expression, mili-
tary status, sex, disability or marital status of any person, directly
or indirectly, to refuse, withhold from or deny to such person any of
the accommodations, advantages, facilities or privileges thereof,
including the extension of credit, or, directly or indirectly, to
publish, circulate, issue, display, post or mail any written or printed
communication, notice or advertisement, to the effect that any of the
accommodations, advantages, facilities and privileges of any such place
shall be refused, withheld from or denied to any person on account of
race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS,
sexual orientation, gender identity or expression, military status, sex,
disability or marital status, or that the patronage or custom thereat of
any person of or purporting to be of any particular race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex or marital status,
or having a disability is unwelcome, objectionable or not acceptable,
desired or solicited.
§ 5. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, as amended by section 3 of part T of chapter
56 of the laws of 2019, are amended to read as follows:
(a) To refuse to sell, rent or lease or otherwise to deny to or with-
hold from any person or group of persons such housing accommodations
because of the race, creed, color, disability, national origin, CITIZEN-
SHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, age, sex, marital status, lawful source of
income or familial status of such person or persons, or to represent
that any housing accommodation or land is not available for inspection,
sale, rental or lease when in fact it is so available.
(b) To discriminate against any person because of his or her race,
creed, color, disability, national origin, CITIZENSHIP OR IMMIGRATION
STATUS, sexual orientation, gender identity or expression, military
status, age, sex, marital status, lawful source of income or familial
status in the terms, conditions or privileges of any publicly-assisted
housing accommodations or in the furnishing of facilities or services in
connection therewith.
(c) To cause to be made any written or oral inquiry or record concern-
ing the race, creed, color, disability, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
membership in the reserve armed forces of the United States or in the
organized militia of the state, age, sex, marital status, lawful source
of income or familial status of a person seeking to rent or lease any
publicly-assisted housing accommodation; provided, however, that nothing
in this subdivision shall prohibit a member of the reserve armed forces
of the United States or in the organized militia of the state from
voluntarily disclosing such membership.
(c-1) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, lawful source of
S. 8006--A 75 A. 9006--A
income or familial status, or any intent to make any such limitation,
specification or discrimination.
§ 6. Paragraph (c) of subdivision 3 of section 296 of the executive
law, as added by chapter 369 of the laws of 2015, is relettered para-
graph (d).
§ 7. Subdivisions 3-b and 4 of section 296 of the executive law,
subdivision 3-b as amended by chapter 8 of the laws of 2019 and subdivi-
sion 4 as separately amended by chapters 8 and 116 of the laws of 2019,
are amended to read as follows:
3-b. It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof or
any other individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such person
or any of its stockholders or members may benefit financially, to repre-
sent that a change has occurred or will or may occur in the composition
with respect to race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, disability, marital status, or familial status of
the owners or occupants in the block, neighborhood or area in which the
real property is located, and to represent, directly or indirectly, that
this change will or may result in undesirable consequences in the block,
neighborhood or area in which the real property is located, including
but not limited to the lowering of property values, an increase in crim-
inal or anti-social behavior, or a decline in the quality of schools or
other facilities.
4. It shall be an unlawful discriminatory practice for an educational
institution to deny the use of its facilities to any person otherwise
qualified, or to permit the harassment of any student or applicant, by
reason of his race, color, religion, disability, national origin, CITI-
ZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, sex, age or marital status, except that any
such institution which establishes or maintains a policy of educating
persons of one sex exclusively may admit students of only one sex.
§ 8. Subdivision 5 of section 296 of the executive law, as amended by
chapter 8 of the laws of 2019, paragraph (a) as amended by chapter 300
of the laws of 2021, subparagraphs 1 and 2 of paragraph (c) as amended
by section 5, and paragraph (d) as amended by section 6 of part T of
chapter 56 of the laws of 2019, is amended to read as follows:
5. (a) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, assignee, or managing agent of, or other person
having the right to sell, rent or lease a housing accommodation,
constructed or to be constructed, or any agent or employee thereof:
(1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION
STATUS, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, lawful source of income or
familial status of such person or persons, or to represent that any
housing accommodation or land is not available for inspection, sale,
rental or lease when in fact it is so available.
(2) To discriminate against any person because of race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, age, disability,
marital status, lawful source of income or familial status in the terms,
conditions or privileges of the sale, rental or lease of any such hous-
S. 8006--A 76 A. 9006--A
ing accommodation or in the furnishing of facilities or services in
connection therewith.
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, lawful source of
income or familial status, or any intent to make any such limitation,
specification or discrimination.
(4) (i) The provisions of subparagraphs one and two of this paragraph
shall not apply (1) to the rental of a housing accommodation in a build-
ing which contains housing accommodations for not more than two families
living independently of each other, if the owner resides in one of such
housing accommodations, (2) to the restriction of the rental of all
rooms in a housing accommodation to individuals of the same sex or (3)
to the rental of a room or rooms in a housing accommodation, if such
rental is by the occupant of the housing accommodation or by the owner
of the housing accommodation and the owner resides in such housing
accommodation or (4) solely with respect to age and familial status to
the restriction of the sale, rental or lease of housing accommodations
exclusively to persons sixty-two years of age or older and the spouse of
any such person, or for housing intended and operated for occupancy by
at least one person fifty-five years of age or older per unit. In deter-
mining whether housing is intended and operated for occupancy by persons
fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
apply. However, such rental property shall no longer be exempt from the
provisions of subparagraphs one and two of this paragraph if there is
unlawful discriminatory conduct pursuant to subparagraph three of this
paragraph.
(ii) The provisions of subparagraphs one, two, and three of this para-
graph shall not apply (1) to the restriction of the rental of all rooms
in a housing accommodation to individuals of the same sex, (2) to the
rental of a room or rooms in a housing accommodation, if such rental is
by the occupant of the housing accommodation or by the owner of the
housing accommodation and the owner resides in such housing accommo-
dation, or (3) solely with respect to age and familial status to the
restriction of the sale, rental or lease of housing accommodations
exclusively to persons sixty-two years of age or older and the spouse of
any such person, or for housing intended and operated for occupancy by
at least one person fifty-five years of age or older per unit. In deter-
mining whether housing is intended and operated for occupancy by persons
fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
apply.
(b) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, or managing agent of, or other person having the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
(1) To refuse to sell, rent, lease or otherwise deny to or withhold
from any person or group of persons land or commercial space because of
the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION
S. 8006--A 77 A. 9006--A
STATUS, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, or familial status of such
person or persons, or to represent that any housing accommodation or
land is not available for inspection, sale, rental or lease when in fact
it is so available;
(2) To discriminate against any person because of race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, age, disability,
marital status, or familial status in the terms, conditions or privi-
leges of the sale, rental or lease of any such land or commercial space;
or in the furnishing of facilities or services in connection therewith;
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such land or commercial space
or to make any record or inquiry in connection with the prospective
purchase, rental or lease of such land or commercial space which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, or familial
status; or any intent to make any such limitation, specification or
discrimination.
(4) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of land or commercial space exclusively to persons fifty-five
years of age or older and the spouse of any such person, or to the
restriction of the sale, rental or lease of land to be used for the
construction, or location of housing accommodations exclusively for
persons sixty-two years of age or older, or intended and operated for
occupancy by at least one person fifty-five years of age or older per
unit. In determining whether housing is intended and operated for occu-
pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
(42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
amended, shall apply.
(c) It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof:
(1) To refuse to sell, rent or lease any housing accommodation, land
or commercial space to any person or group of persons or to refuse to
negotiate for the sale, rental or lease, of any housing accommodation,
land or commercial space to any person or group of persons because of
the race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION
STATUS, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, lawful source of income or
familial status of such person or persons, or to represent that any
housing accommodation, land or commercial space is not available for
inspection, sale, rental or lease when in fact it is so available, or
otherwise to deny or withhold any housing accommodation, land or commer-
cial space or any facilities of any housing accommodation, land or
commercial space from any person or group of persons because of the
race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS,
sexual orientation, gender identity or expression, military status, sex,
age, disability, marital status, lawful source of income or familial
status of such person or persons.
(2) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of any housing accommodation,
S. 8006--A 78 A. 9006--A
land or commercial space or to make any record or inquiry in connection
with the prospective purchase, rental or lease of any housing accommo-
dation, land or commercial space which expresses, directly or indirect-
ly, any limitation, specification, or discrimination as to race, creed,
color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, marital status, lawful source of income or familial status; or
any intent to make any such limitation, specification or discrimination.
(3) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of any housing accommodation, land or commercial space exclusively
to persons fifty-five years of age or older and the spouse of any such
person, or to the restriction of the sale, rental or lease of any hous-
ing accommodation or land to be used for the construction or location of
housing accommodations for persons sixty-two years of age or older, or
intended and operated for occupancy by at least one person fifty-five
years of age or older per unit. In determining whether housing is
intended and operated for occupancy by persons fifty-five years of age
or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
(d) It shall be an unlawful discriminatory practice for any real
estate board, because of the race, creed, color, national origin, CITI-
ZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, age, sex, disability, marital status,
lawful source of income or familial status of any individual who is
otherwise qualified for membership, to exclude or expel such individual
from membership, or to discriminate against such individual in the
terms, conditions and privileges of membership in such board.
(e) It shall be an unlawful discriminatory practice for the owner,
proprietor or managing agent of, or other person having the right to
provide care and services in, a private proprietary nursing home, conva-
lescent home, or home for adults, or an intermediate care facility, as
defined in section two of the social services law, heretofore
constructed, or to be constructed, or any agent or employee thereof, to
refuse to provide services and care in such home or facility to any
individual or to discriminate against any individual in the terms,
conditions, and privileges of such services and care solely because such
individual is a blind person. For purposes of this paragraph, a "blind
person" shall mean a person who is registered as a blind person with the
commission for the visually handicapped and who meets the definition of
a "blind person" pursuant to section three of chapter four hundred
fifteen of the laws of nineteen hundred thirteen entitled "An act to
establish a state commission for improving the condition of the blind of
the state of New York, and making an appropriation therefor".
(f) The provisions of this subdivision, as they relate to age, shall
not apply to persons under the age of eighteen years.
(g) It shall be an unlawful discriminatory practice for any person
offering or providing housing accommodations, land or commercial space
as described in paragraphs (a), (b), and (c) of this subdivision to make
or cause to be made any written or oral inquiry or record concerning
membership of any person in the state organized militia in relation to
the purchase, rental or lease of such housing accommodation, land, or
commercial space, provided, however, that nothing in this subdivision
shall prohibit a member of the state organized militia from voluntarily
disclosing such membership.
S. 8006--A 79 A. 9006--A
§ 9. Paragraph (a) of subdivision 9 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(a) It shall be an unlawful discriminatory practice for any fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power of appointment of volunteer firefighters, directly or indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement among its members, or otherwise, to deny to any individual
membership in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire depart-
ment or fire company therein, because of the race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, sex, marital status, or
familial status, of such individual.
§ 10. Subdivision 13 of section 296 of the executive law, as amended
by chapter 8 of the laws of 2019, is amended to read as follows:
13. It shall be an unlawful discriminatory practice (i) for any person
to boycott or blacklist, or to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual
orientation, gender identity or expression, military status, sex, disa-
bility, or familial status, of such person, or of such person's part-
ners, members, stockholders, directors, officers, managers, superinten-
dents, agents, employees, business associates, suppliers or customers,
or (ii) for any person wilfully to do any act or refrain from doing any
act which enables any such person to take such action. This subdivision
shall not apply to:
(a) Boycotts connected with labor disputes; or
(b) Boycotts to protest unlawful discriminatory practices.
§ 11. Subdivisions 1, 2 and 3 of section 296-a of the executive law,
as amended by chapter 8 of the laws of 2019, are amended to read as
follows:
1. It shall be an unlawful discriminatory practice for any creditor or
any officer, agent or employee thereof:
a. In the case of applications for credit with respect to the
purchase, acquisition, construction, rehabilitation, repair or mainte-
nance of any housing accommodation, land or commercial space to discrim-
inate against any such applicant because of the race, creed, color,
national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
gender identity or expression, military status, age, sex, marital
status, disability, or familial status of such applicant or applicants
or any member, stockholder, director, officer or employee of such appli-
cant or applicants, or of the prospective occupants or tenants of such
housing accommodation, land or commercial space, in the granting, with-
holding, extending or renewing, or in the fixing of the rates, terms or
conditions of, any such credit;
b. To discriminate in the granting, withholding, extending or renew-
ing, or in the fixing of the rates, terms or conditions of, any form of
credit, on the basis of race, creed, color, national origin, CITIZENSHIP
OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, age, sex, marital status, disability, or
familial status;
c. To use any form of application for credit or use or make any record
or inquiry which expresses, directly or indirectly, any limitation,
specification, or discrimination as to race, creed, color, national
S. 8006--A 80 A. 9006--A
origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender
identity or expression, military status, age, sex, marital status, disa-
bility, or familial status;
d. To make any inquiry of an applicant concerning his or her capacity
to reproduce, or his or her use or advocacy of any form of birth control
or family planning;
e. To refuse to consider sources of an applicant's income or to
subject an applicant's income to discounting, in whole or in part,
because of an applicant's race, creed, color, national origin, CITIZEN-
SHIP OR IMMIGRATION STATUS, sexual orientation, gender identity or
expression, military status, age, sex, marital status, childbearing
potential, disability, or familial status;
f. To discriminate against a married person because such person
neither uses nor is known by the surname of his or her spouse.
This paragraph shall not apply to any situation where the use of a
surname would constitute or result in a criminal act.
2. Without limiting the generality of subdivision one of this section,
it shall be considered discriminatory if, because of an applicant's or
class of applicants' race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, gender identity or expression,
military status, age, sex, marital status or disability, or familial
status, (i) an applicant or class of applicants is denied credit in
circumstances where other applicants of like overall credit worthiness
are granted credit, or (ii) special requirements or conditions, such as
requiring co-obligors or reapplication upon marriage, are imposed upon
an applicant or class of applicants in circumstances where similar
requirements or conditions are not imposed upon other applicants of like
overall credit worthiness.
3. It shall not be considered discriminatory if credit differen-
tiations or decisions are based upon factually supportable, objective
differences in applicants' overall credit worthiness, which may include
reference to such factors as current income, assets and prior credit
history of such applicants, as well as reference to any other relevant
factually supportable data; provided, however, that no creditor shall
consider, in evaluating the credit worthiness of an applicant, aggregate
statistics or assumptions relating to race, creed, color, national
origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation, gender
identity or expression, military status, sex, marital status or disabil-
ity, or to the likelihood of any group of persons bearing or rearing
children, or for that reason receiving diminished or interrupted income
in the future.
§ 12. Subdivision 2 of section 296-c of the executive law, as added by
chapter 97 of the laws of 2014, is amended to read as follows:
2. It shall be an unlawful discriminatory practice for an employer to:
a. refuse to hire or employ or to bar or to discharge from internship
an intern or to discriminate against such intern in terms, conditions or
privileges of employment as an intern because of the intern's age, race,
creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual
orientation, military status, sex, disability, predisposing genetic
characteristics, marital status, or domestic violence victim status;
b. discriminate against an intern in receiving, classifying, disposing
or otherwise acting upon applications for internships because of the
intern's age, race, creed, color, national origin, CITIZENSHIP OR IMMI-
GRATION STATUS, sexual orientation, military status, sex, disability,
predisposing genetic characteristics, marital status, or domestic
violence victim status;
S. 8006--A 81 A. 9006--A
c. print or circulate or cause to be printed or circulated any state-
ment, advertisement or publication, or to use any form of application
for employment as an intern or to make any inquiry in connection with
prospective employment, which expresses directly or indirectly, any
limitation, specification or discrimination as to age, race, creed,
color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
tation, military status, sex, disability, predisposing genetic charac-
teristics, marital status or domestic violence victim status, or any
intent to make any such limitation, specification or discrimination,
unless based upon a bona fide occupational qualification; provided,
however, that neither this paragraph nor any provision of this chapter
or other law shall be construed to prohibit the department of civil
service or the department of personnel of any city containing more than
one county from requesting information from applicants for civil service
internships or examinations concerning any of the aforementioned charac-
teristics, other than sexual orientation, for the purpose of conducting
studies to identify and resolve possible problems in recruitment and
testing of members of minority groups to insure the fairest possible and
equal opportunities for employment in the civil service for all persons,
regardless of age, race, creed, color, national origin, CITIZENSHIP OR
IMMIGRATION STATUS, sexual orientation, military status, sex, disabili-
ty, predisposing genetic characteristics, marital status or domestic
violence victim status;
d. to discharge, expel or otherwise discriminate against any person
because he or she has opposed any practices forbidden under this article
or because he or she has filed a complaint, testified or assisted in any
proceeding under this article; or
e. to compel an intern who is pregnant to take a leave of absence,
unless the intern is prevented by such pregnancy from performing the
activities involved in the job or occupation in a reasonable manner.
§ 13. Paragraph b of subdivision 3 of section 296-c of the executive
law, as added by chapter 97 of the laws of 2014, is amended to read as
follows:
b. subject an intern to unwelcome harassment based on age, sex, race,
creed, color, sexual orientation, military status, disability, predis-
posing genetic characteristics, marital status, domestic violence victim
status, [or] national origin, OR CITIZENSHIP OR IMMIGRATION STATUS,
where such harassment has the purpose or effect of unreasonably inter-
fering with the intern's work performance by creating an intimidating,
hostile, or offensive working environment.
§ 14. This act shall take effect immediately.
PART Z
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $12,830,000 for the fiscal
year ending March 31, 2023. Notwithstanding any other provision of law,
and subject to the approval of the New York state director of the budg-
et, 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 pres-
ervation program contracts authorized by this section, a total sum not
to exceed $12,830,000, 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
S. 8006--A 82 A. 9006--A
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 2021-2022 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, 2022.
§ 2. 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 $5,360,000 for the fiscal year ending March
31, 2023. 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
$5,360,000, 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
2021-2022 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,
2022.
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
law, a sum not to exceed $21,630,000 for the fiscal year ending March
31, 2023. 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 authorized by this section, a total sum not to exceed
$21,630,000, 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 deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2021-2022 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
S. 8006--A 83 A. 9006--A
fund, such transfer shall be made as soon as practicable but no later
than June 30, 2022.
§ 4. This act shall take effect immediately.
PART AA
Section 1. Short title. This act shall be known and may be cited as
the "equitable and sustainable land use act of 2022".
§ 2. The real property law is amended by adding a new article 16 to
read as follows:
ARTICLE 16
ACCESSORY DWELLING UNITS
SECTION 480. DEFINITIONS.
481. ACCESSORY DWELLING UNIT REGULATIONS AND LOCAL LAWS.
482. TENANT PROTECTIONS.
§ 480. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER-
WISE REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ACCESSORY DWELLING UNIT" SHALL MEAN AN ATTACHED OR A DETACHED
RESIDENTIAL DWELLING UNIT THAT PROVIDES COMPLETE INDEPENDENT LIVING
FACILITIES FOR ONE OR MORE PERSONS, WHICH IS LOCATED ON THE SAME LOT AS
A SINGLE-FAMILY OR MULTI-FAMILY DWELLING PROPOSED OR EXISTING AS A
PRIMARY RESIDENCE, AND SUCH UNIT SHALL INCLUDE PERMANENT PROVISIONS FOR
LIVING, SLEEPING, EATING, COOKING, BATHING AND WASHING, AND SANITATION
ON THE SAME LOT AS SUCH PRIMARY RESIDENCE.
2. "REGULATION" SHALL MEAN ANY ORDINANCE, LOCAL LAW, RESOLUTION, RULE,
POLICY, OR REGULATION ADOPTED OR ENACTED PURSUANT TO THE AUTHORITY OF A
GENERAL, SPECIAL, CHARTER OR OTHER LAW UNLESS THE CONTEXT SUGGESTS A
DIFFERENT MEANING.
3. "RENTED" SHALL MEAN TO LEASE, LET, OR HIRE OUT AN ACCESSORY DWELL-
ING UNIT, A RESIDENCE, OR ANY PORTION OF SUCH UNIT OR RESIDENCE, TO BE
OCCUPIED OR THAT IS OCCUPIED FOR LIVING PURPOSES.
§ 481. ACCESSORY DWELLING UNIT REGULATIONS AND LOCAL LAWS.
NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE
CONTRARY, IN A CITY WITH A POPULATION GREATER THAN ONE MILLION, THE
LOCAL GOVERNMENT MAY, BY LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, AS
APPROPRIATE, THE LEGALIZATION OF SPECIFIED ACCESSORY DWELLING UNITS IN
EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE. SUCH PROGRAM MAY
PROVIDE AMNESTY TO OWNERS OF BUILDINGS THAT CONTAIN SUCH ACCESSORY
DWELLING UNITS FROM VIOLATIONS, AS APPLICABLE, OF LOCAL LAW, REGULATION,
AND THE ZONING RESOLUTION OF THE LOCAL GOVERNMENT. SUCH PROGRAM MAY
PROVIDE THAT ANY PROVISION OF THE MULTIPLE DWELLING LAW AND ANY OTHER
PROVISION OF LOCAL LAW, REGULATION, AND THE ZONING RESOLUTION OF SUCH
LOCAL GOVERNMENT SHALL NOT BE APPLICABLE, AS NECESSARY, TO ADMINISTER
AND IMPLEMENT THIS PROGRAM. SUCH PROGRAM SHALL NOT REQUIRE ADDITIONAL
ZONING ACTIONS OR DISCRETIONARY LAND USE OR ENVIRONMENTAL REVIEW.
§ 482. TENANT PROTECTIONS. 1. AS USED IN THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "LANDLORD" SHALL MEAN ANY OWNER, LESSOR, SUBLESSOR, ASSIGNOR, OR
OTHER PERSON RECEIVING OR ENTITLED TO RECEIVE RENT FOR THE OCCUPANCY OF
ANY ACCESSORY DWELLING UNIT OR AN AGENT OF THE FOREGOING.
(B) "TENANT" SHALL MEAN A TENANT, SUB-TENANT, LESSEE, SUBLESSEE, OR
ASSIGNEE OF AN ACCESSORY DWELLING UNIT.
(C) "RENT" SHALL MEAN ANY CONSIDERATION, INCLUDING ANY BONUS, BENEFIT
OR GRATUITY DEMANDED OR RECEIVED FOR OR IN CONNECTION WITH THE
POSSESSION, USE OR OCCUPANCY OF AN ACCESSORY DWELLING UNIT OR THE
EXECUTION OR TRANSFER OF A LEASE FOR SUCH UNIT.
S. 8006--A 84 A. 9006--A
2. A PERMIT APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT IN
CONFORMANCE WITH A LOCAL LAW ADOPTED UNDER THIS ARTICLE SHALL BE ACCOM-
PANIED BY A CERTIFICATION IDENTIFYING WHETHER THE UNIT WAS RENTED TO A
TENANT AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND THE RENT CHARGED FOR
THE UNIT AS OF SUCH DATE, NOTWITHSTANDING WHETHER THE OCCUPANCY OF SUCH
UNIT WAS AUTHORIZED BY LAW. A LOCAL GOVERNMENT MAY NOT USE SUCH CERTIF-
ICATION AS THE BASIS FOR AN ENFORCEMENT ACTION AGAINST AN APPLICANT
CONCERNING THE UNAUTHORIZED HABITATION OF A UNIT. WHERE A TENANT IS
EVICTED OR OTHERWISE REMOVED FROM A UNIT PRIOR TO APPROVAL OF A PERMIT
APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT UNDER THIS ARTICLE,
SUCH TENANT SHALL HAVE A RIGHT OF FIRST REFUSAL TO RETURN TO THE UNIT AS
A TENANT UPON ITS FIRST LAWFUL OCCUPANCY AS AN ACCESSORY DWELLING UNIT,
NOTWITHSTANDING WHETHER SUCH PRIOR OCCUPANCY WAS AUTHORIZED BY LAW.
3. A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL UNDER THIS
ARTICLE SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDIC-
TION FOR COMPENSATORY AND PUNITIVE DAMAGES AND DECLARATORY AND INJUNC-
TIVE RELIEF AND SUCH OTHER RELIEF AS THE COURT DEEMS NECESSARY IN THE
INTERESTS OF JUSTICE.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART BB
Section 1. Short title. This act shall be known and may be cited as
the "Housing Non-Discrimination for Justice-Involved Individuals Act of
2022".
§ 2. Section 296 of the executive law is amended by adding a new
subdivision 23 to read as follows:
23. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE, UNLESS SPECIF-
ICALLY REQUIRED OR PERMITTED BY FEDERAL OR STATE STATUTE OR REGULATION
FOR ANY OWNER, LESSEE, SUB-LESSEE, ASSIGNEE, OR MANAGING AGENT OF, OR
OTHER PERSON HAVING THE RIGHT TO SELL, RENT OR LEASE A HOUSING ACCOMMO-
DATION, CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY AGENT OR EMPLOYEE THER-
EOF, OR ANY REAL ESTATE BROKER, REAL ESTATE SALESPERSON OR EMPLOYEE OR
AGENT THEREOF TO REFUSE TO SELL, RENT, LEASE OR NEGOTIATE FOR THE SALE,
RENTAL, OR LEASE OF, OR OTHERWISE TO DENY TO OR WITHHOLD FROM ANY INDI-
VIDUAL SUCH A HOUSING ACCOMMODATION, OR TO DISCRIMINATE AGAINST SUCH
INDIVIDUAL IN THE TERMS, CONDITIONS OR PRIVILEGES OF THE SALE, RENTAL OR
LEASE, OR TO TAKE ANY ADVERSE ACTION AGAINST SUCH INDIVIDUAL, BECAUSE
SUCH INDIVIDUAL HAS BEEN PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL
OFFENSES IN THIS STATE OR IN ANY OTHER JURISDICTION, UNLESS:
(A) THE CONVICTION RESULTED FROM ONE OR MORE OFFENSES THAT INVOLVED
PHYSICAL DANGER OR VIOLENCE TO PERSONS OR PROPERTY; OR
(B) THE CONVICTION HAD AN ADVERSE EFFECT ON THE HEALTH, SAFETY AND
WELFARE OF OTHER PEOPLE OR PROPERTY.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.
PART CC
Section 1. Subdivision 3 of section 26 of the multiple dwelling law,
as amended by chapter 748 of the laws of 1961, is amended to read as
follows:
3. Floor area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN THE
ZONING LAW, ORDINANCE OR RESOLUTION OF A CITY WITH A POPULATION OF ONE
MILLION OR MORE, THE floor area ratio (FAR) of any dwelling or dwellings
S. 8006--A 85 A. 9006--A
on a lot shall not exceed 12.0, except that a fireproof class B dwelling
in which six or more passenger elevators are maintained and operated in
any city having a local zoning law, ordinance or resolution restricting
districts in such city to residential use, may be erected in accordance
with the provisions of such zoning law, ordinance or resolution, if such
class B dwelling is erected in a district no part of which is restricted
by such zoning law, ordinance or resolution to residential uses.
§ 2. This act shall take effect immediately.
PART DD
Section 1. Short title. This act shall be known as and may be cited as
"Creating Housing Opportunities through Building Conversion Act."
§ 2. Section 301 of the multiple dwelling law is amended by adding a
new subdivision 7 to read as follows:
7. ANY CERTIFICATE BY THE DEPARTMENT AUTHORIZING OCCUPANCY OF A DWELL-
ING AS A CLASS B HOTEL, WHEN SUCH DWELLING IS LOCATED IN A CITY WITH A
POPULATION OF ONE MILLION OR MORE, SHALL ALSO AUTHORIZE OCCUPANCY OF
UNITS IN SUCH DWELLING FOR PERMANENT RESIDENCE PURPOSES, WHERE: (A) SUCH
UNITS ARE SUBJECT TO A REGULATORY AGREEMENT WITH THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, AFFILIATED AUTHORITIES, OR A LOCAL GOVERNMENT
HOUSING AGENCY THAT IS ENTERED INTO ON OR BEFORE DECEMBER THIRTY-FIRST,
TWO THOUSAND TWENTY-SEVEN; AND (B) ANY PORTION OF SUCH A DWELLING IS
LOCATED WITHIN A DISTRICT THAT UNDER THE LOCAL ZONING REGULATIONS OR
ORDINANCES PERMITS RESIDENTIAL USES, OR WITHIN EIGHT HUNDRED FEET OF
SUCH A DISTRICT, AND NOT LOCATED WITHIN AN INDUSTRIAL BUSINESS ZONE AS
DEFINED IN THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, NOTWITH-
STANDING ANY PROVISION OF THIS CHAPTER OR OF ANY STATE LAW, LOCAL LAW,
ORDINANCE, RESOLUTION OR REGULATION THAT WOULD HAVE: (I) PROHIBITED SUCH
OCCUPANCY; (II) REQUIRED A CHANGE OR ALTERATION TO THE DWELLING; OR
(III) REQUIRED A NEW OR AMENDED CERTIFICATE. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW OR REGULATION, ALL DWELLING UNITS WITHIN SUCH BUILDINGS
SHALL BE SUBJECT TO THE RENT STABILIZATION LAW OF NINETEEN HUNDRED
SIXTY-NINE AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-
FOUR FOR AS LONG AS THE MUNICIPALITY HAS DECLARED A PUBLIC EMERGENCY
REQUIRING THE REGULATION OF RESIDENTIAL RENTS PURSUANT TO THESE LAWS.
ANY ALTERATIONS TO ANY SUCH DWELLING SUCH AS THE CREATION OF MULTI-ROOM
SUITES OR THE ADDITION OF COOKING FACILITIES OR ACCESSORY SPACES SHALL
COMPLY WITH ANY APPLICABLE REQUIREMENTS OF ANY STATE LAW, LOCAL LAW,
ORDINANCE, RESOLUTION OR REGULATION RELATING TO CLASS B HOTELS.
PROVIDED FURTHER THAT IN THE CASE OF A PROPERTY AT WHICH ANY HOTEL WORK-
ERS ARE REPRESENTED BY A COLLECTIVE BARGAINING REPRESENTATIVE, PRIOR TO
ANY AGENCY OR AUTHORITY ENTERING INTO A REGULATORY AGREEMENT WITH THE
PROPERTY OWNER AS A PREREQUISITE TO CONVERSION, THE COLLECTIVE BARGAIN-
ING REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE PROPOSED CONVER-
SION, AND THE PROPERTY OWNER SHALL CERTIFY TO ANY AGENCY OR AUTHORITY
ENTERING INTO SUCH REGULATORY AGREEMENT THAT THE COLLECTIVE BARGAINING
REPRESENTATIVE HAS MUTUALLY AGREED IN A SEPARATE WRITING WITH THE PROP-
ERTY OWNER TO UNDERTAKE THE CONVERSION SET FORTH IN THIS SECTION.
§ 3. The multiple dwelling law is amended by adding a new section
277-a to read as follows:
§ 277-A. TEMPORARY RULES UPON LEGISLATIVE FINDINGS OF SPECIAL STATE
INTEREST. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY ELIGIBLE
CONVERSION, AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, FOR WHICH
AN APPLICATION FOR A PERMIT, CONTAINING COMPLETE PLANS AND SPECIFICA-
TIONS, IS FILED WITH THE RELEVANT LOCAL AGENCY IN ACCORDANCE WITH APPLI-
S. 8006--A 86 A. 9006--A
CABLE LOCAL LAW ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY-SEVEN.
2. (A) ANY BUILDING OR PORTION OF A BUILDING IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE AND AS DESCRIBED IN THIS SUBDIVISION MAY
BE CONVERTED TO A CLASS A MULTIPLE DWELLING, WITHOUT REGARD TO ANY OTHER
PROVISION OF THIS CHAPTER OR OTHER STATE LAW TO THE CONTRARY OR ANY
PROVISION OF THE ZONING RESOLUTION OF THE CITY OF NEW YORK, BUT PROVIDED
THAT WHERE THE CONVERSION RESULTS IN A CLASS A MULTIPLE DWELLING, THE
CONVERTED BUILDING SHALL BE SUBJECT TO A REGULATORY AGREEMENT FOR
AFFORDABLE OR SUPPORTIVE HOUSING WITH THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL, AFFILIATED AUTHORITIES, OR A LOCAL GOVERNMENT HOUSING
AGENCY.
(B) THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO THE FOLLOWING:
(I) ANY BUILDING OR PORTION THEREOF EXISTING ON JANUARY FIRST, NINETEEN
HUNDRED EIGHTY, THAT, AS OF THE EFFECTIVE DATE OF THIS SECTION, WAS
LAWFULLY OPERATED AS COMMERCIAL OFFICES; OR (II) ANY BUILDING OR PORTION
THEREOF WHERE CONSTRUCTION WAS COMPLETED ON OR AFTER JANUARY SECOND,
NINETEEN HUNDRED EIGHTY, PURSUANT TO A VALID TEMPORARY OR PERMANENT
CERTIFICATE OF OCCUPANCY, WAS ALLOWED TO BE OPERATED AS COMMERCIAL
OFFICES AND SUCH BUILDING IS LOCATED IN THE AREA BEGINNING AT A POINT AT
THE INTERSECTION OF THE EXTENSION OF THE SOUTH LINE OF WEST 60TH STREET
WITH THE U.S. PIERHEAD LINE ON BEGINNING AT A POINT AT THE INTERSECTION
OF THE EXTENSION OF THE SOUTH LINE OF WEST 60TH STREET WITH THE U.S.
PIERHEAD LINE ON THE EAST SIDE OF THE HUDSON RIVER AND RUNS THENCE ALONG
THE EXTENSION OF THE SOUTH LINE OF THE EAST SIDE OF THE HUDSON RIVER AND
RUNS THENCE ALONG THE EXTENSION OF THE SOUTH LINE OF WEST 60TH STREET
AND ALONG THE SOUTH LINE OF WEST 60TH STREET AND ALONG THE SOUTH LINE OF
EAST 60TH STREET AND ALONG THE EXTENSION OF THE SOUTH LINE OF EAST 60TH
STREET TO THE U.S. PIERHEAD LINE ON THE WEST SIDE OF THE EAST RIVER,
THENCE ALONG THE U.S. PIERHEAD LINE ON THE WEST SIDE OF THE EAST RIVER
SOUTHERLY TO ITS INTERSECTION WITH THE U.S. PIERHEAD LINE ON THE EAST
SIDE OF THE HUDSON RIVER, THENCE IN A NORTHERLY DIRECTION ALONG THE U.S.
PIERHEAD LINE ON THE EAST SIDE OF THE HUDSON RIVER TO THE POINT OF
BEGINNING.
3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
CONVERSION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS
OF SECTION TWO HUNDRED SEVENTY-SEVEN OF THIS ARTICLE, EXCEPT THAT
SUBPARAGRAPH D OF SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION SEVEN
OF SUCH SECTION SHALL BE MODIFIED TO NOT REQUIRE A DWELLING UNIT TO BE A
MINIMUM OF TWELVE HUNDRED SQUARE FEET, AND EXCEPT THAT SUBPARAGRAPH F OF
SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION SEVEN OF SUCH SECTION
SHALL BE MODIFIED TO PROVIDE THAT ANY YARDS OR COURTS ONTO WHICH A
WINDOW OPENS PURSUANT TO SUCH SUBPARAGRAPH (I) MAY BE EXISTING OR NEW IN
BUILDINGS OF ANY HEIGHT, AND EXCEPT THAT THE RESTRICTIONS ON ENLARGE-
MENTS IN PARAGRAPH (D) OF SUBDIVISION SEVEN OF SUCH SECTION SHALL BE
UNDERSTOOD TO APPLY TO ANY INCREASE IN VOLUME OR FLOOR AREA OF A BUILD-
ING OR PORTION THEREOF THAT IS CONVERTED PURSUANT TO THIS SECTION.
(B) ANY LOCAL LAWS, ORDINANCES, RESOLUTIONS OR REGULATIONS PROMULGATED
AFTER THE EFFECTIVE DATE OF THIS SECTION, INCLUDING FOR PURPOSES OF
EXTENDING OR MODIFYING THE APPLICATION OF BUILDING CODES, CONSTRUCTION
CODES OR OTHER LOCAL LAWS TO ANY CONVERSIONS ALLOWED PURSUANT TO THIS
SECTION, SHALL BE CONSONANT WITH THE MANDATE AND INTENTIONS OF THIS
SECTION.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
S. 8006--A 87 A. 9006--A
PART EE
Intentionally omit
PART FF
Section 1. Short title. This act shall be known and may be cited as
the "Fair Chance: Reforming the Use of Credit Checks in Tenant Screening
Act".
§ 2. The real property law is amended by adding a new section 227-g to
read as follows:
§ 227-G. CREDIT CHECKS IN TENANT SCREENING. 1. NO LANDLORD OF A RESI-
DENTIAL PREMISES SHALL REFUSE TO RENT OR OFFER A LEASE TO A POTENTIAL
TENANT DUE TO A POTENTIAL TENANT'S CONSUMER CREDIT HISTORY OR SCORE, OR
LACK THEREOF, IF THE POTENTIAL TENANT:
(A) MADE FULL RENT PAYMENTS WITHIN FIVE DAYS OF THE DATE THE RENT WAS
DUE FOR EACH OF THE TWELVE MONTHS IMMEDIATELY PRECEDING THE SUBMISSION
OF THE POTENTIAL TENANT'S RENTAL APPLICATION; PROVIDED, HOWEVER, THAT
FOR RENTAL APPLICATIONS SUBMITTED DURING OR PRIOR TO JUNE, TWO THOUSAND
TWENTY-TWO, MISSED OR LATE RENTAL PAYMENTS THAT ACCRUED BETWEEN MARCH,
TWO THOUSAND TWENTY AND JUNE, TWO THOUSAND TWENTY-ONE SHALL NOT BE
CONSIDERED CAUSE TO DENY AN APPLICATION. IN LIEU OF PAYMENTS DURING SUCH
EXEMPTED TIME PERIOD, A POTENTIAL TENANT MAY USE PAYMENTS MADE IMME-
DIATELY PRIOR TO MARCH OF TWO THOUSAND TWENTY TO DEMONSTRATE TWELVE
MONTHS OF CONSECUTIVE TIMELY RENTAL PAYMENTS;
(B) IS THE RECIPIENT OF OR A BENEFICIARY OF GOVERNMENT PROVIDED SUBSI-
DY OR PROGRAM THAT IS PAID DIRECTLY TO THE LANDLORD AND PAYS THE MONTHLY
RENT IN ITS ENTIRETY;
(C) HAS A CREDIT HISTORY OR REPORT WHEREIN ANY DELINQUENCIES,
COLLECTIONS, MONEY JUDGMENTS, LIENS OR OTHER DETRIMENTAL INFORMATION ARE
SOLELY DUE TO MEDICAL OR STUDENT LOAN DEBT; OR
(D) HAS A CREDIT HISTORY OR REPORT WHEREIN ANY DELINQUENCIES,
COLLECTIONS, MONEY JUDGMENTS, LIENS OR OTHER DETRIMENTAL INFORMATION ARE
THE DIRECT RESULT OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
OR STALKING.
2. IF A POTENTIAL LESSOR INTENDS TO DENY A POTENTIAL LESSEE'S RENTAL
APPLICATION DUE TO CREDIT HISTORY OR SCORE, SUCH LESSOR MUST INFORM THE
POTENTIAL LESSEE OF THE REASONS FOR THE DENIED APPLICATION IN WRITING
AND PROVIDE THE POTENTIAL LESSEE WITH AN OPPORTUNITY TO DEMONSTRATE THAT
ANY OF THE CONDITIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION APPLY
TO THEM WITHIN FIVE DAYS OF RECEIVING SUCH WRITTEN APPLICATION DENIAL.
3. THERE SHALL BE A REBUTTABLE PRESUMPTION THAT A PERSON IS IN
VIOLATION OF THIS SECTION IF IT IS ESTABLISHED THAT THE LESSOR REFUSED
TO RENT OR OFFER A LEASE TO A POTENTIAL TENANT AFTER SUCH LESSOR
REQUESTED CREDIT REPORT INFORMATION AND THE POTENTIAL TENANT DEMON-
STRATED THAT ANY OF THE CONDITIONS SET FORTH IN SUBDIVISION ONE OF THIS
SECTION APPLIED TO THEM.
4. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
TORY TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR
AGENT OR EMPLOYEE THEREOF HAS VIOLATED THIS SECTION, HE OR SHE MAY BRING
AN ACTION OR SPECIAL PROCEEDING IN THE SUPREME COURT FOR A JUDGMENT
ENJOINING THE CONTINUANCE OF SUCH VIOLATION AND FOR A CIVIL PENALTY OF
NOT LESS THAN FIVE HUNDRED DOLLARS, BUT NOT MORE THAN ONE THOUSAND
DOLLARS FOR EACH VIOLATION.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.
S. 8006--A 88 A. 9006--A
PART GG
Section 1. The executive law is amended by adding a new section 202-a
to read as follows:
§ 202-A. LANGUAGE TRANSLATION SERVICES. 1. EACH STATE AGENCY THAT
PROVIDES DIRECT PUBLIC SERVICES IN NEW YORK STATE SHALL TRANSLATE ALL
VITAL DOCUMENTS RELEVANT TO SERVICES OFFERED BY THE AGENCY INTO THE TEN
MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY LIMITED-ENGLISH PROFICIENT
INDIVIDUALS IN THE STATE, BASED ON THE DATA IN THE MOST RECENT AMERICAN
COMMUNITY SURVEY PUBLISHED BY UNITED STATES CENSUS BUREAU. AGENCIES
SUBJECT TO THIS SECTION, IN THEIR DISCRETION, SHALL OFFER AT LEAST TWO
ADDITIONAL LANGUAGES BEYOND THE TEN MOST COMMON LANGUAGES. SUCH
LANGUAGES SHALL BE DECIDED BY THE STATE AGENCY AND APPROVED BY THE
OFFICE OF GENERAL SERVICES BASED ON THE POPULATION OF LIMITED-ENGLISH
PROFICIENT INDIVIDUALS SERVED BY THE AGENCY, FEEDBACK FROM IMPACTED
COMMUNITY OR ADVOCACY GROUPS, THE GEOGRAPHIC REGION WITHIN WHICH THE
SERVICES ARE OFFERED, ANY OTHER RELEVANT DATA PUBLISHED BY THE UNITED
STATES CENSUS BUREAU.
2. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL DESIG-
NATE A LANGUAGE ACCESS COORDINATOR WHO WILL WORK WITH THE OFFICE OF
GENERAL SERVICES TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS
SECTION.
3. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL DEVELOP
A LANGUAGE ACCESS PLAN AND SUBMIT SUCH PLAN TO THE OFFICE OF GENERAL
SERVICES.
(A) AN AGENCY'S INITIAL LANGUAGE ACCESS PLAN SHALL BE ISSUED BY THE
AGENCY WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
(B) LANGUAGE ACCESS PLANS SHALL BE UPDATED AND REISSUED EVERY TWO
YEARS ON OR BEFORE JANUARY FIRST.
(C) LANGUAGE ACCESS PLANS SHALL SET FORTH, AT A MINIMUM:
(I) WHEN AND BY WHAT MEANS THE AGENCY WILL PROVIDE OR IS ALREADY
PROVIDING LANGUAGE ASSISTANCE SERVICES;
(II) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE
LANGUAGES INTO WHICH THEY HAVE BEEN TRANSLATED;
(III) THE NUMBER OF PUBLIC CONTACT POSITIONS IN THE AGENCY AND THE
NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS, AND THE
LANGUAGES SUCH EMPLOYEES SPEAK;
(IV) A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT MINIMUM,
ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AGENCY AND TRAIN-
ING IN HOW TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
(V) A PLAN FOR ANNUAL INTERNAL MONITORING OF THE AGENCY'S COMPLIANCE
WITH THIS SECTION;
(VI) A DESCRIPTION OF HOW THE AGENCY INTENDS TO NOTIFY THE PUBLIC OF
THE AGENCY'S OFFERED LANGUAGE ASSISTANT SERVICES;
(VII) AN ASSESSMENT OF THE AGENCY'S SERVICE POPULATIONS TO DETERMINE
WHETHER ADDITIONAL LANGUAGES OF TRANSLATION SHOULD BE ADDED BEYOND THE
TOP TEN LANGUAGES;
(VIII) AN EXPLANATION AS TO HOW THE AGENCY DETERMINED IT WOULD PROVIDE
ANY ADDITIONAL LANGUAGE BEYOND THE TOP TEN LANGUAGES REQUIRED BY THIS
SECTION; AND
(IX) THE IDENTITY OF THE AGENCY'S LANGUAGE ACCESS COORDINATOR.
4. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL:
(A) PROVIDE INTERPRETATION SERVICES BETWEEN THE AGENCY AND AN INDIVID-
UAL IN EACH INDIVIDUAL'S PRIMARY LANGUAGE WITH RESPECT TO THE PROVISION
OF SERVICES OR BENEFITS BY THE AGENCY; AND
(B) PUBLISH THE AGENCY'S LANGUAGE ACCESS PLAN ON THE AGENCY'S WEBSITE.
S. 8006--A 89 A. 9006--A
5. FOR PURPOSES OF THIS SECTION, "VITAL DOCUMENT" MEANS ANY PAPER OR
DIGITAL DOCUMENT THAT CONTAINS INFORMATION THAT IS CRITICAL FOR OBTAIN-
ING AGENCY SERVICES OR BENEFITS OR IS OTHERWISE REQUIRED TO BE COMPLETED
BY LAW.
6. THE OFFICE OF GENERAL SERVICES WILL ENSURE AGENCY COMPLIANCE WITH
THIS SECTION AND SHALL PREPARE AN ANNUAL REPORT, WHICH SHALL BE MADE
PUBLIC ON THE OFFICE OF GENERAL SERVICES WEBSITE, DETAILING EACH AGEN-
CY'S PROGRESS AND COMPLIANCE WITH THIS SECTION.
§ 2. This act shall take effect July 1, 2022.
PART HH
Section 1. Section 211 of the retirement and social security law is
amended by adding a new subdivision 9 to read as follows:
9. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, SECTIONS TWO
HUNDRED TWELVE AND FOUR HUNDRED ONE OF THIS CHAPTER AND SECTION FIVE
HUNDRED THREE OF THE EDUCATION LAW AND ANY OTHER LAW, REGULATION, RULE,
LOCAL LAW, OR CHARTER TO THE CONTRARY, A RETIRED PERSON MAY BE EMPLOYED
AND EARN COMPENSATION IN A POSITION OR POSITIONS IN A PUBLIC SCHOOL IN
THE STATE WITHOUT ANY EFFECT ON HIS OR HER STATUS AS RETIRED AND WITHOUT
SUSPENSION OR DIMINUTION OF HIS OR HER RETIREMENT ALLOWANCE AND WITHOUT
PRIOR APPROVAL PURSUANT TO SUBDIVISION TWO OF THIS SECTION. EARNINGS
RECEIVED AS A RESULT OF EMPLOYMENT IN A PUBLIC SCHOOL IN THE STATE SHALL
NOT BE APPLIED TO A RETIRED PERSON'S EARNINGS WHEN CALCULATING THE EARN-
INGS LIMITATIONS IMPOSED BY SUBDIVISIONS ONE AND TWO OF SECTION TWO
HUNDRED TWELVE OF THIS ARTICLE.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2024.
PART II
Section 1. The real property tax law is amended by adding a new
section 485-w to read as follows:
§ 485-W. AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE. 1.
DEFINITIONS. FOR PURPOSES OF THIS SECTION:
(A) "AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE BENEFITS
(HEREINAFTER REFERRED TO AS "ANNY PROGRAM BENEFITS")" SHALL MEAN THE
EXEMPTION FROM REAL PROPERTY TAXATION PURSUANT TO THIS SECTION.
(B) "AFFORDABILITY OPTION A" SHALL MEAN THAT, WITHIN ANY ELIGIBLE
MULTIPLE DWELLING: (I) NOT LESS THAN TEN PERCENT OF THE DWELLING UNITS
ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (II) NOT LESS THAN AN ADDI-
TIONAL TEN PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING SIXTY
PERCENT UNITS; AND (III) NOT LESS THAN AN ADDITIONAL FIVE PERCENT OF THE
DWELLING UNITS ARE AFFORDABLE HOUSING EIGHTY PERCENT UNITS.
(C) "AFFORDABILITY OPTION B" SHALL MEAN THAT, WITHIN ANY ELIGIBLE
MULTIPLE DWELLING, NOT LESS THAN TWENTY PERCENT OF THE DWELLING UNITS
ARE AFFORDABLE HOUSING NINETY PERCENT UNITS.
(D) "AFFORDABILITY OPTION C" SHALL ONLY APPLY TO A HOMEOWNERSHIP
PROJECT, OF WHICH ONE HUNDRED PERCENT OF THE UNITS SHALL, UPON INITIAL
SALE IMMEDIATELY SUBSEQUENT TO THE COMPLETION DATE AND UPON EACH SUBSE-
QUENT SALE FOR FORTY YEARS IMMEDIATELY SUBSEQUENT TO THE COMPLETION
DATE, BE AFFORDABLE TO INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME
DOES NOT EXCEED ONE HUNDRED THIRTY PERCENT OF THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE, AND WHERE EACH OWNER OF ANY SUCH UNIT SHALL
AGREE, IN WRITING, TO MAINTAIN SUCH UNIT AS THEIR PRIMARY RESIDENCE FOR
NO LESS THAN FIVE YEARS FROM THE ACQUISITION OF SUCH UNIT, AND SUCH
S. 8006--A 90 A. 9006--A
PROJECT IS SUBJECT TO A REGULATORY AGREEMENT WITH A CITY OR STATE AGEN-
CY.
(E) "AFFORDABILITY PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR OF
WHICH IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE
DWELLING AND THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER OF DWELLING
UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING.
(F) "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH
ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD
IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA MEDIAN
INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT.
(G) "AFFORDABLE HOUSING SIXTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH
ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE APPLICABLE
RESTRICTION PERIOD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY
INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED SIXTY
PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
(H) "AFFORDABLE HOUSING EIGHTY PERCENT UNIT" SHALL MEAN A DWELLING
UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR
WHICH ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL
AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE APPLICA-
BLE RESTRICTION PERIOD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY
INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED EIGHTY
PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
(I) "AFFORDABLE HOUSING NINETY PERCENT UNIT" SHALL MEAN A DWELLING
UNIT THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR
WHICH ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL
AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE APPLICA-
BLE RESTRICTION PERIOD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY
INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY
PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
(J) "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL-
LY, AFFORDABLE HOUSING FORTY PERCENT UNITS, AFFORDABLE HOUSING SIXTY
PERCENT UNITS, AFFORDABLE HOUSING EIGHTY PERCENT UNITS, AND AFFORDABLE
HOUSING NINETY PERCENT UNITS.
(K) "AGENCY" SHALL MEAN THE DEPARTMENT OF HOUSING PRESERVATION AND
DEVELOPMENT.
(L) "ALTERNATIVE CONSTRUCTION WAGE STANDARD" SHALL BE DEFINED AS A
WAGE STANDARD FOR CONSTRUCTION WORKERS DOING CONSTRUCTION WORK THAT MAY,
AT THE DISCRETION OF THE COMMISSIONER OF LABOR, BE DETERMINED BY THE
COMMISSIONER OF LABOR. IN PUBLISHING SUCH STANDARD, THE COMMISSIONER OF
LABOR, IN CONSULTATION WITH THE COMMISSIONER OF HOUSING AND COMMUNITY
RENEWAL, SHALL CONSIDER ECONOMIC INDICATORS THE COMMISSIONER OF LABOR
DEEMS RELEVANT TO ENSURING THE ECONOMIC FEASIBILITY OF AFFORDABLE HOUS-
ING DEVELOPMENT.
(M) "APPLICATION" SHALL MEAN AN APPLICATION FOR ANNY PROGRAM BENEFITS.
(N) "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO THE AGGREGATE
AMOUNT OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO, OR ON BEHALF OF,
S. 8006--A 91 A. 9006--A
CONSTRUCTION WORKERS FOR CONSTRUCTION WORK DIVIDED BY THE AGGREGATE
NUMBER OF HOURS OF CONSTRUCTION WORK.
(O) "BROOKLYN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS NOW
EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN COMMUNI-
TY BOARDS ONE OR TWO OF THE BOROUGH OF BROOKLYN BOUNDED AND DESCRIBED AS
FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING IN THE
BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT OF
INTERSECTION OF THE CENTERLINE OF NEWTOWN CREEK AND THE WESTERLY BOUNDS
OF THE EAST RIVER; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF NEWTOWN
CREEK, SAID CENTERLINE ALSO BEING THE BOUNDARY BETWEEN QUEENS COUNTY TO
THE NORTHEAST AND KINGS COUNTY TO THE SOUTHWEST, TO THE POINT OF INTER-
SECTION WITH GREENPOINT AVENUE; THENCE SOUTHWESTERLY ALONG GREENPOINT
AVENUE, TO THE INTERSECTION WITH KINGS LAND AVENUE; THENCE SOUTHERLY
ALONG KINGSLAND AVENUE TO THE INTERSECTION WITH MEEKER AVENUE; THENCE
SOUTHWESTERLY ALONG MEEKER AVENUE TO THE INTERSECTION WITH LEONARD
STREET; THENCE SOUTHERLY ALONG LEONARD STREET TO THE INTERSECTION WITH
METROPOLITAN AVENUE; THENCE WESTERLY ALONG METROPOLITAN AVENUE TO THE
INTERSECTION WITH LORIMER STREET; THENCE SOUTHERLY ALONG LORIMER STREET
TO THE INTERSECTION WITH MONTROSE AVENUE; THENCE WESTERLY ALONG MONTROSE
AVENUE TO THE INTERSECTION WITH UNION AVENUE; THENCE SOUTHERLY ALONG
UNION AVENUE TO THE INTERSECTION WITH JOHNSON AVENUE; THENCE WESTERLY
ALONG JOHNSON AVENUE TO THE INTERSECTION WITH BROADWAY; THENCE NORTHWES-
TERLY ALONG BROADWAY TO THE INTERSECTION WITH RUTLEDGE STREET; THENCE
SOUTHWESTERLY ALONG RUTLEDGE STREET TO THE INTERSECTION WITH KENT AVENUE
AND CLASSON AVENUE; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG CLASSON
AVENUE TO THE INTERSECTION WITH DEKALB AVENUE; THENCE WESTERLY ALONG
DEKALB AVENUE TO THE INTERSECTION WITH BOND STREET; THENCE SOUTHWESTERLY
ALONG BOND STREET TO THE INTERSECTION WITH WYCKOFF STREET; THENCE
NORTHWESTERLY ALONG WYCKOFF STREET TO THE INTERSECTION WITH HOYT STREET;
THENCE SOUTHWESTERLY ALONG HOYT STREET TO THE INTERSECTION WITH WARREN
STREET; THENCE NORTHWESTERLY ALONG WARREN STREET TO THE INTERSECTION
WITH COURT STREET; THENCE NORTHEASTERLY ALONG COURT STREET TO THE INTER-
SECTION WITH ATLANTIC AVENUE; THENCE NORTHWESTERLY ALONG ATLANTIC
AVENUE, CROSSING UNDER THE BROOKLYN QUEENS EXPRESSWAY, TO THE TERMINUS
OF ATLANTIC AVENUE AT THE BROOKLYN BRIDGE PARK/PIER 6; THENCE NORTHWES-
TERLY PASSING THROUGH THE BROOKLYN BRIDGE PARK TO THE BULKHEAD OF THE
EAST RIVER AT PIER 6; THENCE IN A GENERAL NORTHEASTERLY DIRECTION ALONG
THE EASTERLY BULKHEAD OR SHORELINE OF THE EAST RIVER TO THE INTERSECTION
WITH THE CENTERLINE OF NEWTOWN CREEK, AND THE POINT OR PLACE OF BEGIN-
NING.
(P) "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY
EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE-
NANCE OF, AN ELIGIBLE SITE, INCLUDING, BUT NOT LIMITED TO, A WATCHMAN,
GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR, GARDENER,
GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND WINDOW CLEANER, BUT
NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS
PER WEEK AT THE ELIGIBLE SITE.
(Q) "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING, THE DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF
INITIAL FOOTINGS AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR
AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF
THE CONVERSION, ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING
OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH.
(R) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTI-
PLE DWELLING, THE DATE UPON WHICH THE LOCAL DEPARTMENT OF BUILDINGS
S. 8006--A 92 A. 9006--A
ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVER-
ING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELLING.
(S) "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE-
MENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING OR THREE YEARS BEFORE THE
COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING; AND (II) ENDING ON
THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELL-
ING.
(T) "CONSTRUCTION WAGE" SHALL MEAN, COLLECTIVELY, THE ALTERNATIVE
CONSTRUCTION WAGE STANDARD AND THE AVERAGE HOURLY WAGE.
(U) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED ON
AN ELIGIBLE SITE BETWEEN THE COMMENCEMENT DATE AND THE COMPLETION DATE,
WHEREBY MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO INITIALLY FORM,
MAKE OR BUILD AN ELIGIBLE MULTIPLE DWELLING, INCLUDING WITHOUT LIMITA-
TION, PAINTING, OR PROVIDING OF MATERIAL, ARTICLES, SUPPLIES OR EQUIP-
MENT IN THE ELIGIBLE MULTIPLE DWELLING, BUT EXCLUDING SECURITY PERSONNEL
AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES.
(V) "CONSTRUCTION WORKERS" SHALL MEAN ALL PERSONS PERFORMING
CONSTRUCTION WORK WHO (I) ARE PAID ON AN HOURLY BASIS AND (II) ARE NOT
IN A MANAGEMENT OR EXECUTIVE ROLE OR POSITION.
(W) "CONTRACTOR CERTIFIED PAYROLL REPORT" SHALL MEAN AN ORIGINAL
PAYROLL REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE INDE-
PENDENT MONITOR SETTING FORTH TO THE BEST OF THE CONTRACTOR'S OR SUB-
CONTRACTOR'S KNOWLEDGE, THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK
PERFORMED BY CONSTRUCTION WORKERS, THE AMOUNT OF WAGES AND EMPLOYEE
BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.
(X) "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION, ALTERATION OR
IMPROVEMENT OF A PRE-EXISTING BUILDING OR STRUCTURE RESULTING IN A
MULTIPLE DWELLING IN WHICH NO MORE THAN FORTY-NINE PERCENT OF THE FLOOR
AREA CONSISTS OF SUCH PRE-EXISTING BUILDING OR STRUCTURE.
(Y) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING OR
HOMEOWNERSHIP PROJECT CONTAINING SIX OR MORE DWELLING UNITS CREATED
THROUGH NEW CONSTRUCTION OR ELIGIBLE CONVERSION FOR WHICH THE COMMENCE-
MENT DATE IS AFTER JUNE FIFTEENTH, TWO THOUSAND TWENTY-TWO AND ON OR
BEFORE JUNE FIFTEENTH, TWO THOUSAND TWENTY-SEVEN, AND FOR WHICH THE
COMPLETION DATE IS ON OR BEFORE JUNE FIFTEENTH, TWO THOUSAND THIRTY-ONE.
(Z) "ELIGIBLE SITE" SHALL MEAN EITHER: (I) A TAX LOT CONTAINING AN
ELIGIBLE MULTIPLE DWELLING; OR (II) A ZONING LOT CONTAINING TWO OR MORE
ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION.
(AA) "EMPLOYEE BENEFITS" SHALL MEAN ALL SUPPLEMENTAL COMPENSATION PAID
BY THE EMPLOYER, ON BEHALF OF CONSTRUCTION WORKERS, OTHER THAN WAGES,
INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS MADE INTO
PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY
COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND
APPRENTICESHIP TRAINING. THE VALUE OF ANY EMPLOYEE BENEFITS RECEIVED
SHALL BE DETERMINED BASED ON THE PRORATED HOURLY COST TO THE EMPLOYER OF
THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS.
(BB) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS
OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
(CC) "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL
FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSO-
RY STRUCTURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR
WALLS, OR FROM THE CENTER LINE OF PARTY WALLS.
(DD) "FOUR PERCENT TAX CREDITS" SHALL MEAN FEDERAL LOW-INCOME HOUSING
TAX CREDITS COMPUTED IN ACCORDANCE WITH CLAUSE (II) OF SUBPARAGRAPH (B)
S. 8006--A 93 A. 9006--A
OF PARAGRAPH (1) OF SUBSECTION (B) OF SECTION FORTY-TWO OF THE INTERNAL
REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
(EE) "FORTY-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD,
A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN
ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (II) FOR THE FIRST FORTY YEARS
OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL
PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS.
(FF) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE DWELLING OPERATED
AS CONDOMINIUM OR COOPERATIVE HOUSING.
(GG) "HOMEOWNERSHIP PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD
COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE FORTIETH ANNIVER-
SARY OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION OR
REVOCATION OF ANNY PROGRAM BENEFITS.
(HH) "INDEPENDENT MONITOR" SHALL MEAN AN ACCOUNTANT LICENSED AND IN
GOOD STANDING PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCA-
TION LAW.
(II) "JOB ACTION" SHALL MEAN ANY DELAY, INTERRUPTION OR INTERFERENCE
WITH THE CONSTRUCTION WORK CAUSED BY THE ACTIONS OF ANY LABOR ORGANIZA-
TION OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE SITE, INCLUD-
ING WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES, WALK
OUTS, SLOWDOWNS, PICKETING, BANNERING, HAND BILLING, DEMONSTRATIONS,
SICKOUTS, REFUSALS TO CROSS A PICKET LINE, REFUSALS TO HANDLE STRUCK
BUSINESS, AND USE OF THE RAT OR OTHER INFLATABLE BALLOONS OR SIMILAR
DISPLAYS.
(JJ) "LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE MULTIPLE DWELLING
CONSISTING OF THIRTY OR MORE RESIDENTIAL DWELLING UNITS IN WHICH ALL
DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUS-
ING.
(KK) "LARGE RENTAL PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD
COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITH-
STANDING ANY EARLIER TERMINATION OR REVOCATION OF ANNY PROGRAM BENEFITS.
(LL) "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS, NOW
EXISTING OR HEREAFTER CREATED, LOCATED ENTIRELY SOUTH OF 96TH STREET IN
THE BOROUGH OF MANHATTAN.
(MM) "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
(NN) "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING SET FORTH IN
SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
(OO) "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT
CONTAIN ANY DWELLING UNITS.
(PP) PRIME DEVELOPMENT AREA" SHALL MEAN THE MANHATTAN PRIME DEVELOP-
MENT AREA, THE BROOKLYN PRIME DEVELOPMENT AREA AND THE QUEENS PRIME
DEVELOPMENT AREA.
(QQ) "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE
BARGAINING AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS OF EMPLOY-
MENT FOR THE CONSTRUCTION WORKERS ON AN ELIGIBLE SITE.
(RR) "PROJECT-WIDE CERTIFIED PAYROLL REPORT" SHALL MEAN A CERTIFIED
PAYROLL REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE FISCAL OFFI-
CER BASED ON EACH CONTRACTOR CERTIFIED PAYROLL REPORT WHICH SETS FORTH
THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION
WORKERS, THE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION
WORKERS FOR CONSTRUCTION WORK AND THE CONSTRUCTION WAGE.
(SS) "QUEENS PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS NOW
EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN COMMUNI-
TY BOARDS ONE OR TWO OF THE BOROUGH OF QUEENS BOUNDED AND DESCRIBED AS
FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING IN THE
S. 8006--A 94 A. 9006--A
BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT BEING
THE INTERSECTION OF THE EASTERLY SHORE OF THE EAST RIVER WITH A LINE OF
PROLONGATION OF 20TH AVENUE PROJECTED NORTHWESTERLY; THENCE SOUTHEASTER-
LY ON THE LINE OF PROLONGATION OF 20TH AVENUE AND ALONG 20TH AVENUE TO
THE INTERSECTION WITH 31ST STREET; THENCE SOUTHWESTERLY ALONG 31ST
STREET TO THE INTERSECTION WITH NORTHERN BOULEVARD; THENCE SOUTHWESTERLY
ALONG NORTHERN BOULEVARD TO THE INTERSECTION WITH QUEENS BOULEVARD;
THENCE SOUTHEASTERLY ALONG QUEENS BOULEVARD TO THE INTERSECTION WITH VAN
DAM STREET; THENCE SOUTHERLY ALONG VAN DAM STREET TO THE INTERSECTION
WITH BORDEN AVENUE; THENCE SOUTHWESTERLY ALONG VAN DAM STREET TO THE
INTERSECTION WITH GREENPOINT AVENUE AND REVIEW AVENUE; THENCE SOUTHWES-
TERLY ALONG GREENPOINT AVENUE TO THE POINT OF INTERSECTION WITH THE
CENTERLINE OF NEWTOWN CREEK, SAID CENTERLINE OF NEWTOWN CREEK ALSO BEING
THE BOUNDARY BETWEEN QUEENS COUNTY TO THE NORTH AND KINGS COUNTY TO THE
SOUTH; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF NEWTOWN CREEK, ALSO
BEING THE BOUNDARY BETWEEN QUEENS COUNTY AND KINGS COUNTY TO ITS INTER-
SECTION WITH THE EASTERLY BOUNDS OF THE EAST RIVER; THENCE IN A GENERAL
NORTHEASTERLY DIRECTION ALONG THE EASTERLY BULKHEAD OR SHORELINE OF THE
EAST RIVER TO THE POINT OR PLACE OF BEGINNING.
(TT) "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILI-
ZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE,
AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS
IN EFFECT AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND TWENTY-TWO THAT ADDED THIS SECTION OR AS AMENDED THEREAFTER,
TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTAN-
TIALLY THE SAME SUBJECT MATTER.
(UU) "RENTAL PROJECT" SHALL MEAN, COLLECTIVELY, LARGE RENTAL PROJECT
AND SMALL RENTAL PROJECT.
(VV) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
UNITS.
(WW) "SMALL RENTAL PROJECT" SHALL MEAN AN ELIGIBLE MULTIPLE DWELLING
CONSISTING OF LESS THAN THIRTY RESIDENTIAL DWELLING UNITS IN WHICH ALL
DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUS-
ING.
(XX) "SMALL RENTAL PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD
COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE THIRTY-FIFTH ANNI-
VERSARY OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION
OR REVOCATION OF ANNY PROJECT BENEFITS.
(YY) "TAX EXEMPT BOND PROCEEDS" SHALL MEAN THE PROCEEDS OF AN EXEMPT
FACILITY BOND, AS DEFINED IN PARAGRAPH SEVEN OF SUBSECTION (A) OF
SECTION ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE OF NINETEEN
HUNDRED EIGHTY-SIX, AS AMENDED, THE INTEREST UPON WHICH IS EXEMPT FROM
TAXATION UNDER SECTION ONE HUNDRED THREE OF THE INTERNAL REVENUE CODE OF
NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
(ZZ) "THIRD-PARTY FUND ADMINISTRATOR" SHALL BE A PERSON OR ENTITY THAT
RECEIVES FUNDS PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND OVER-
SEES AND MANAGES THE DISBURSAL OF SUCH FUNDS TO CONSTRUCTION WORKERS.
THE THIRD-PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY APPROVED
BY THE FISCAL OFFICER AND RECOMMENDED BY ONE, OR MORE, REPRESENTATIVE OR
REPRESENTATIVES OF THE LARGEST TRADE ASSOCIATION OF RESIDENTIAL REAL
ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY
AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE
LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION WORKERS, WITH
MEMBERSHIP IN NEW YORK CITY. THE THIRD-PARTY FUND ADMINISTRATOR SHALL
BE APPOINTED FOR A TERM OF THREE YEARS, PROVIDED, HOWEVER, THAT THE
ADMINISTRATOR IN PLACE AT THE END OF A THREE-YEAR TERM SHALL CONTINUE TO
S. 8006--A 95 A. 9006--A
SERVE BEYOND THE END OF THE TERM UNTIL A REPLACEMENT ADMINISTRATOR IS
APPOINTED. THE FISCAL OFFICER AFTER PROVIDING NOTICE AND AFTER MEETING
WITH THE THIRD-PARTY FUND ADMINISTRATOR, MAY REMOVE SUCH ADMINISTRATOR
FOR CAUSE UPON A FISCAL OFFICER DETERMINATION THAT THE ADMINISTRATOR HAS
BEEN INEFFECTIVE AT OVERSEEING OR MANAGING THE DISBURSAL OF FUNDS TO THE
CONSTRUCTION WORKERS. THE THIRD-PARTY FUND ADMINISTRATOR SHALL, AT THE
REQUEST OF THE FISCAL OFFICER, SUBMIT REPORTS TO THE FISCAL OFFICER.
(AAA) "THIRTY-FIVE YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION
PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,
OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST TWEN-
TY-FIVE YEARS OF THE SMALL RENTAL PROJECT RESTRICTION PERIOD OR THE
LARGE RENTAL PROJECT RESTRICTION PERIOD, AS APPLICABLE, A ONE HUNDRED
PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS
FOR LOCAL IMPROVEMENTS; AND (III) FOR THE FINAL TEN YEARS OF THE SMALL
RENTAL PROJECT RESTRICTION PERIOD OR FOR THE NEXT TEN YEARS OF THE LARGE
RENTAL PROJECT RESTRICTION PERIOD, AS APPLICABLE, AN EXEMPTION FROM REAL
PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, EQUAL
TO THE AFFORDABILITY PERCENTAGE.
(BBB) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS OF
ANY KIND PAID TO, OR ON BEHALF OF, CONSTRUCTION WORKERS, INCLUDING,
WITHOUT LIMITATION, ANY HOURLY COMPENSATION PAID DIRECTLY TO THE
CONSTRUCTION WORKER, TOGETHER WITH EMPLOYEE BENEFITS, SUCH AS HEALTH,
WELFARE, NON-OCCUPATIONAL DISABILITY COVERAGE, RETIREMENT, VACATION
BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING, AND
PAYROLL TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL AMOUNTS
PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI-
TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL
UNEMPLOYMENT INSURANCE AND PURSUANT TO THE FEDERAL INSURANCE CONTRIB-
UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER.
2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE,
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS SECTION
OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, NEW ELIGIBLE
MULTIPLE DWELLINGS, EXCEPT HOTELS, THAT COMPLY WITH THE PROVISIONS OF
THIS SECTION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN
ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS
SPECIFIED IN THIS SECTION. A RENTAL PROJECT THAT MEETS ALL OF THE
REQUIREMENTS OF THIS SECTION SHALL RECEIVE A THIRTY-FIVE YEAR BENEFIT
AND A HOMEOWNERSHIP PROJECT THAT MEETS ALL OF THE REQUIREMENTS OF THIS
SECTION SHALL RECEIVE A FORTY-YEAR BENEFIT.
3. RENTAL PROJECTS. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN
THIS SECTION, RENTAL PROJECTS CONTAINING THREE HUNDRED OR MORE RENTAL
DWELLING UNITS LOCATED WITHIN THE PRIME DEVELOPMENT AREA SHALL COMPLY
WITH THE REQUIREMENTS SET FORTH IN THIS SUBDIVISION. FOR PURPOSES OF
THIS SUBDIVISION, "CONTRACTOR" SHALL MEAN ANY ENTITY WHICH BY AGREEMENT
WITH ANOTHER PARTY, INCLUDING SUB-CONTRACTORS, UNDERTAKES TO PERFORM
CONSTRUCTION WORK AT AN ELIGIBLE SITE AND "APPLICANT" SHALL MEAN AN
APPLICANT FOR ANNY PROGRAM BENEFITS AND ANY SUCCESSOR THERETO.
(A) SUCH RENTAL PROJECT SHALL COMPLY WITH AFFORDABILITY OPTION A.
(B) CONSTRUCTION WORKERS ON AN ELIGIBLE SITE WITHIN THE MANHATTAN
PRIME DEVELOPMENT AREA SHALL BE PAID ACCORDING TO THE ALTERNATIVE
CONSTRUCTION WAGE STANDARD, WHICH MAY, AT THE DISCRETION OF THE COMMIS-
SIONER OF LABOR, BE DETERMINED BY THE COMMISSIONER OF LABOR. UNTIL SUCH
TIME AS SUCH STANDARD IS DETERMINED BY THE COMMISSIONER OF LABOR, THE
MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN ELIGIBLE
SITE WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA SHALL BE NO LESS THAN
SIXTY-THREE DOLLARS PER HOUR. ONE YEAR FROM THE EFFECTIVE DATE OF THE
S. 8006--A 96 A. 9006--A
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO THAT ADDED THIS SECTION
AND EVERY THREE YEARS THEREAFTER, THE MINIMUM AVERAGE HOURLY WAGE SHALL
BE INCREASED BY FIVE PERCENT; PROVIDED, HOWEVER, THAT ANY BUILDING WITH
A COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH INCREASE SHALL BE REQUIRED
TO PAY THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED ON ITS COMMENCEMENT
DATE.
(C) CONSTRUCTION WORKERS ON AN ELIGIBLE SITE WITHIN THE BROOKLYN PRIME
DEVELOPMENT AREA OR THE QUEENS PRIME DEVELOPMENT AREA SHALL BE PAID
ACCORDING TO THE ALTERNATIVE CONSTRUCTION WAGE STANDARD, WHICH MAY, AT
THE DISCRETION OF THE COMMISSIONER OF LABOR, BE DETERMINED BY THE
COMMISSIONER OF LABOR. UNTIL SUCH TIME AS SUCH STANDARD IS DETERMINED BY
THE COMMISSIONER OF LABOR, THE MINIMUM AVERAGE HOURLY WAGE PAID TO
CONSTRUCTION WORKERS ON AN ELIGIBLE SITE WITHIN THE BROOKLYN PRIME
DEVELOPMENT AREA OR THE QUEENS PRIME DEVELOPMENT AREA SHALL BE NO LESS
THAN FORTY-SEVEN DOLLARS AND TWENTY-FIVE CENTS PER HOUR. ONE YEAR FROM
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO
THAT ADDED THIS SECTION AND EVERY THREE YEARS THEREAFTER, THE MINIMUM
AVERAGE HOURLY WAGE SHALL BE INCREASED BY FIVE PERCENT; PROVIDED, HOWEV-
ER, THAT ANY BUILDING WITH A COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH
INCREASE SHALL BE REQUIRED TO PAY THE MINIMUM AVERAGE HOURLY WAGE AS
REQUIRED ON ITS COMMENCEMENT DATE.
(D) THE REQUIREMENTS OF PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION
SHALL NOT BE APPLICABLE TO:
(I) AN ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY PERCENT OF
THE DWELLING UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL
FOLLOWING A VACANCY DURING THE LARGE RENTAL PROJECT RESTRICTION PERIOD,
ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY PERCENT OF THE AREA MEDIAN
INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT;
(II) ANY PORTION OF AN ELIGIBLE MULTIPLE DWELLING WHICH IS OWNED AND
OPERATED AS A CONDOMINIUM OR COOPERATIVE; OR
(III) AT THE OPTION OF THE APPLICANT, TO AN ELIGIBLE SITE SUBJECT TO A
PROJECT LABOR AGREEMENT.
(E) THE APPLICANT SHALL CONTRACT WITH AN INDEPENDENT MONITOR. SUCH
INDEPENDENT MONITOR SHALL SUBMIT TO THE FISCAL OFFICER WITHIN ONE YEAR
OF THE COMPLETION DATE, A PROJECT-WIDE CERTIFIED PAYROLL REPORT. IN THE
EVENT SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE
FISCAL OFFICER WITHIN THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT
TO A FINE OF ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF;
PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
IN THE EVENT THAT THE WAGE PAID IS LESS THAN THE CONSTRUCTION WAGE SET
FORTH IN PARAGRAPH (B) OR (C) OF THIS SUBDIVISION AS APPLICABLE, THE
PROJECT-WIDE CERTIFIED PAYROLL REPORT SHALL ALSO SET FORTH THE AMOUNT OF
SUCH DEFICIENCY.
(F) THE CONTRACTOR CERTIFIED PAYROLL REPORT SHALL BE SUBMITTED BY EACH
CONTRACTOR AND SUB-CONTRACTOR NO LATER THAN NINETY DAYS AFTER THE
COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN
THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT
THE CONTRACTOR CERTIFIED PAYROLL REPORT WITHIN THE TIME PRESCRIBED IN
THIS PARAGRAPH, THE INDEPENDENT MONITOR SHALL NOTIFY THE FISCAL OFFICER
AND THE FISCAL OFFICER SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR
SUB-CONTRACTOR IN THE AMOUNT OF ONE THOUSAND DOLLARS PER WEEK, OR ANY
PORTION THEREOF, PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE
THOUSAND DOLLARS.
S. 8006--A 97 A. 9006--A
(G) IN THE EVENT THAT THE PROJECT-WIDE CERTIFIED PAYROLL REPORT SHOWS
THAT THE WAGE PAID AS REQUIRED BY PARAGRAPH (B) OR (C) OF THIS SUBDIVI-
SION, AS APPLICABLE, WAS NOT PAID, IF THE WAGE PAID IS WITHIN FIFTEEN
PERCENT OF THE CONSTRUCTION WAGE REQUIRED BY PARAGRAPH (B) OR (C) OF
THIS SUBDIVISION, AS APPLICABLE, THEN NO LATER THAN ONE HUNDRED TWENTY
DAYS FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED PAYROLL
REPORT, THE APPLICANT SHALL PAY TO THE THIRD-PARTY FUND ADMINISTRATOR AN
AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN THE PROJECT-
WIDE CERTIFIED PAYROLL REPORT. THE THIRD-PARTY FUND ADMINISTRATOR SHALL
DISTRIBUTE SUCH PAYMENT TO THE CONSTRUCTION WORKERS WHO PERFORMED
CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH REPAYMENT,
THE THIRD-PARTY FUND ADMINISTRATOR SHALL SUBMIT TO THE FISCAL OFFICER A
PLAN SUBJECT TO THE FISCAL OFFICER'S APPROVAL SETTING FORTH THE MANNER
IN WHICH THE THIRD-PARTY FUND ADMINISTRATOR WILL REACH THE REQUIRED
CONSTRUCTION WAGE WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT
FROM THE APPLICANT AND HOW ANY REMAINING FUNDS WILL BE DISBURSED IN THE
EVENT THAT THE THIRD-PARTY FUND ADMINISTRATOR CANNOT DISTRIBUTE THE
FUNDS TO THE CONSTRUCTION WORKERS WITHIN ONE YEAR OF RECEIVING FISCAL
OFFICER APPROVAL. IN THE EVENT THAT THE APPLICANT FAILS TO MAKE SUCH
PAYMENT WITHIN THE TIME PERIOD PRESCRIBED IN THIS PARAGRAPH, THE APPLI-
CANT SHALL BE SUBJECT TO A FINE OF ONE THOUSAND DOLLARS PER WEEK
PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
IF THE WAGE PAID IS MORE THAN FIFTEEN PERCENT BELOW THE CONSTRUCTION
WAGE REQUIRED BY PARAGRAPH (B) OR (C) OF THIS SUBDIVISION, AS APPLICA-
BLE, THEN NO LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE OF
SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT
SHALL PAY TO THE THIRD-PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL TO THE
AMOUNT OF THE DEFICIENCY SET FORTH IN THE PROJECT-WIDE PAYROLL REPORT.
THE THIRD-PARTY FUND ADMINISTRATOR SHALL DISTRIBUTE SUCH PAYMENT TO THE
CONSTRUCTION WORKERS WHO PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE
SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR
SHALL SUBMIT TO THE FISCAL OFFICER A PLAN SUBJECT TO THE FISCAL OFFI-
CER'S APPROVAL SETTING FORTH THE MANNER IN WHICH THE THIRD-PARTY FUND
ADMINISTRATOR WILL REACH THE REQUIRED CONSTRUCTION WAGE WITHIN ONE
HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT FROM THE APPLICANT AND HOW
ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE THIRD-PARTY
FUND ADMINISTRATOR CANNOT DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORK-
ERS WITHIN ONE YEAR OF RECEIVING FISCAL OFFICER APPROVAL. IN ADDITION,
THE FISCAL OFFICER SHALL IMPOSE A PENALTY ON THE APPLICANT IN AN AMOUNT
EQUAL TO TWENTY-FIVE PERCENT OF THE AMOUNT OF THE DEFICIENCY, PROVIDED,
HOWEVER, THAT THE FISCAL OFFICER SHALL NOT IMPOSE SUCH PENALTY WHERE THE
ELIGIBLE MULTIPLE DWELLING HAS BEEN THE SUBJECT OF A JOB ACTION WHICH
RESULTS IN A WORK DELAY. IN THE EVENT THAT THE APPLICANT FAILS TO MAKE
SUCH PAYMENT WITHIN THE TIME PERIOD PRESCRIBED IN THIS PARAGRAPH, THE
APPLICANT SHALL BE SUBJECT TO A FINE OF ONE THOUSAND DOLLARS PER WEEK,
PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION, THE APPLICANT SHALL
NOT BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY PAYMENTS, FINES OR
PENALTIES RELATED TO OR RESULTING FROM CONTRACTOR FRAUD, MISTAKE, OR
NEGLIGENCE OR FOR FRAUDULENT OR INACCURATE CONTRACTOR CERTIFIED PAYROLL
REPORTS OR FOR FRAUDULENT OR INACCURATE PROJECT-WIDE CERTIFIED PAYROLL
REPORTS, PROVIDED, HOWEVER, THAT PAYMENT TO THE THIRD-PARTY FUND ADMIN-
ISTRATOR IN THE AMOUNT SET FORTH IN THE PROJECT-WIDE CERTIFIED PAYROLL
REPORT AS DESCRIBED IN THIS PARAGRAPH SHALL STILL BE MADE BY THE
CONTRACTOR OR SUB-CONTRACTOR IN THE EVENT OF UNDERPAYMENT RESULTING FROM
OR CAUSED BY THE CONTRACTOR OR SUB-CONTRACTOR, AND THAT THE APPLICANT
S. 8006--A 98 A. 9006--A
WILL BE LIABLE FOR UNDERPAYMENT TO THE THIRD-PARTY FUND ADMINISTRATOR
UNLESS THE FISCAL OFFICER DETERMINES, IN ITS SOLE DISCRETION, THAT THE
UNDERPAYMENT WAS THE RESULT OF, OR CAUSED BY, CONTRACTOR FRAUD, MISTAKE
OR NEGLIGENCE AND/OR FOR FRAUDULENT OR INACCURATE CONTRACTOR CERTIFIED
PAYROLL REPORTS AND/OR PROJECT-WIDE CERTIFIED PAYROLL REPORTS. THE
APPLICANT SHALL OTHERWISE NOT BE LIABLE IN ANY WAY WHATSOEVER ONCE THE
PAYMENT TO THE THIRD-PARTY FUND ADMINISTRATOR HAS BEEN MADE IN THE
AMOUNT SET FORTH IN THE PROJECT-WIDE CERTIFIED PAYROLL REPORT. OTHER
THAN THE UNDERPAYMENT, WHICH MUST BE PAID TO THE THIRD-PARTY FUND ADMIN-
ISTRATOR, ALL FINES AND PENALTIES SET FORTH IN THIS SUBDIVISION IMPOSED
BY THE FISCAL OFFICER SHALL BE PAID TO THE AGENCY AND USED BY THE AGENCY
TO PROVIDE AFFORDABLE HOUSING.
(H) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO CONFER A PRIVATE
RIGHT OF ACTION TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION, PROVIDED,
HOWEVER, THAT THIS SENTENCE SHALL NOT BE CONSTRUED AS A WAIVER OF ANY
EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR REPRESENTATIVES RELATED
TO WAGE AND BENEFIT COLLECTION, WAGE THEFT OR OTHER LABOR PROTECTIONS OR
RIGHTS AND PROVIDED, FURTHER, THAT NOTHING IN THIS SUBDIVISION RELIEVES
ANY OBLIGATIONS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
(I) THE FISCAL OFFICER SHALL HAVE THE SOLE AUTHORITY TO DETERMINE AND
ENFORCE ANY LIABILITY FOR UNDERPAYMENT OWING TO THE THIRD-PARTY FUND
ADMINISTRATOR FROM THE APPLICANT AND/OR THE CONTRACTOR, AS A RESULT OF
CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR FRAUDULENT OR INACCU-
RATE CONTRACTOR CERTIFIED PAYROLL REPORTS AND/OR PROJECT-WIDE CERTIFIED
PAYROLL REPORTS, AS SET FORTH IN PARAGRAPH (F) OF THIS SUBDIVISION. THE
FISCAL OFFICER SHALL EXPEDITIOUSLY CONDUCT AN INVESTIGATION AND HEARING
AT THE NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS, SHALL
DETERMINE THE ISSUES RAISED THEREON AND SHALL MAKE AND FILE AN ORDER IN
HIS OR HER OFFICE STATING SUCH DETERMINATION AND FORTHWITH SERVE A COPY
OF SUCH ORDER, EITHER PERSONALLY OR BY MAIL, TOGETHER WITH NOTICE OF
FILING, UPON THE PARTIES TO SUCH PROCEEDINGS. THE FISCAL OFFICER IN SUCH
AN INVESTIGATION SHALL BE DEEMED TO BE ACTING IN A JUDICIAL CAPACITY AND
SHALL HAVE THE RIGHT TO ISSUE SUBPOENAS, ADMINISTER OATHS AND EXAMINE
WITNESSES. THE ENFORCEMENT OF A SUBPOENA ISSUED UNDER THIS PARAGRAPH
SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES. THE FILING OF
SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCK-
ETED IN THE OFFICE OF THE COUNTY CLERK. THE ORDER MAY BE ENFORCED BY AND
IN THE NAME OF THE FISCAL OFFICER IN THE SAME MANNER, AND WITH LIKE
EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE
ENFORCEMENT OF A MONEY JUDGMENT.
4. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
THIS SECTION, THE OWNER OF ANY ELIGIBLE SITE RECEIVING ANNY PROGRAM
BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH ANNY PROGRAM BENEFITS
ARE IN EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS:
(A) WITH RESPECT TO EACH ELIGIBLE MULTIPLE DWELLING CONSTRUCTED ON
SUCH ELIGIBLE SITE, REAL PROPERTY TAXES ON THE ASSESSED VALUATION OF
SUCH LAND AND ANY IMPROVEMENTS THEREON IN EFFECT DURING THE TAX YEAR
PRIOR TO THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, WITH-
OUT REGARD TO ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION
IN EFFECT DURING SUCH TAX YEAR, WHICH REAL PROPERTY TAXES SHALL BE
CALCULATED USING THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE;
AND
(B) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
5. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE
FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN
AN ELIGIBLE SITE, OTHER THAN PARKING WHICH IS LOCATED NOT MORE THAN
S. 8006--A 99 A. 9006--A
TWENTY-THREE FEET ABOVE THE CURB LEVEL, EXCEEDS TWELVE PERCENT OF THE
AGGREGATE FLOOR AREA IN SUCH ELIGIBLE SITE, ANY ANNY PROGRAM BENEFITS
SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE
SITE CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION
IN ANNY PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY
NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE
FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN
ANNY PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE
REMAINING RESIDENTIAL TAX LOTS.
6. CALCULATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
CERTIFYING THE APPLICANT'S ELIGIBILITY FOR ANNY PROGRAM BENEFITS, THE
ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO
BE EXEMPTED.
7. AFFORDABILITY REQUIREMENTS. A LARGE RENTAL PROJECT SHALL COMPLY
WITH AFFORDABILITY OPTION A FOR THE DURATION OF THE LARGE RENTAL PROJECT
RESTRICTION PERIOD. A SMALL RENTAL PROJECT SHALL COMPLY WITH AFFORDABIL-
ITY OPTION B FOR THE DURATION OF THE SMALL RENTAL PROJECT RESTRICTION
PERIOD. A HOMEOWNERSHIP PROJECT SHALL COMPLY WITH AFFORDABILITY OPTION C
FOR THE DURATION OF THE HOMEOWNERSHIP PROJECT RESTRICTION PERIOD. SUCH
ELECTION SHALL BE MADE IN THE APPLICATION AND SHALL NOT THEREAFTER BE
CHANGED.
(A) ALL RENTAL DWELLING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS MARKET RATE UNITS IN
SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC
FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON ENTRANCES SHALL
MEAN ANY AREA REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT
IN THE ELIGIBLE MULTIPLE DWELLING FOR INGRESS AND EGRESS FROM SUCH
ELIGIBLE MULTIPLE DWELLING.
(B) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL
HOUSING PROGRAM, EITHER (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE MARKET
UNITS, OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN
AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS AND NO
MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE
LESS THAN ONE BEDROOM.
(C) NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA-
RY, ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT
STABILIZATION BOTH DURING AND SUBSEQUENT TO THE SMALL BUILDING
RESTRICTION PERIOD OR THE LARGE BUILDING RESTRICTION PERIOD, AS APPLICA-
BLE.
(D) ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL
CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING
UNITS CREATED PURSUANT TO THIS SECTION AS "ANNY PROGRAM AFFORDABLE HOUS-
ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT
APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS.
(E) FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT
REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE AND
OCCUPANCY OF AFFORDABLE HOUSING UNITS OR FOR PURPOSES OF A HOMEOWNERSHIP
PROJECT THE FAILURE TO COMPLY WITH AFFORDABILITY OPTION C SHALL RESULT
IN REVOCATION OF ANY ANNY PROGRAM BENEFITS FOR THE PERIOD OF SUCH NON-
COMPLIANCE.
(F) NOTHING IN THIS SECTION SHALL (I) PROHIBIT THE OCCUPANCY OF AN
AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY
TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT
PURSUANT TO THIS SECTION, OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE SITE
S. 8006--A 100 A. 9006--A
FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A
VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT BY SUCH LOWER
INCOME INDIVIDUALS OR FAMILIES.
(G) FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND
UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY
BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT
EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR
FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS
SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR
PRIMARY RESIDENCE. AN AFFORDABLE HOUSING UNIT SHALL NOT BE (I) RENTED TO
A CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR (II) HELD OFF THE MARKET
FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY TO PERFORM REPAIRS
NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY.
(H) AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY,
TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN
AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE
OPTION OF THE TENANT.
(I) AN AFFORDABLE HOUSING RENTAL UNIT SHALL NOT BE CONVERTED TO COOP-
ERATIVE OR CONDOMINIUM OWNERSHIP.
(J) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY
DEEMS NECESSARY OR APPROPRIATE FOR (I) THE MARKETING OF AFFORDABLE HOUS-
ING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, (II) MONI-
TORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, AND (III) THE
MARKETING AND MONITORING OF ANY HOMEOWNERSHIP PROJECT THAT IS GRANTED AN
EXEMPTION PURSUANT TO THIS SUBDIVISION. SUCH REQUIREMENTS MAY INCLUDE,
BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE AGENCY
AND PAID FOR BY THE OWNER.
(K) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A
MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE
ABSENCE OF ANNY PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT
STABILIZATION.
8. BUILDING SERVICE EMPLOYEES. (A) FOR THE PURPOSES OF THIS SUBDIVI-
SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM BENEFITS, ANY
SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
EES FOR SUCH APPLICANT, INCLUDING, BUT NOT LIMITED TO, A PROPERTY
MANAGEMENT COMPANY OR CONTRACTOR.
(B) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
ELIGIBLE SITE SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURA-
TION OF THE APPLICABLE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE-
FITS ARE REVOKED OR TERMINATED.
(C) THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER
SHALL HAVE THE POWER:
(I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE
THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES; IN MAKING SUCH
INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT
DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND
DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES,
PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL NOT BE
CONSIDERED WAGES OR A FRINGE BENEFIT;
(II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR
ELSEWHERE;
(III) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE
WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE
EMPLOYEES;
S. 8006--A 101 A. 9006--A
(IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOE-
NAS, ADMINISTER OATHS AND EXAMINE WITNESSES; THE ENFORCEMENT OF A
SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE CIVIL
PRACTICE LAW AND RULES;
(V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
NIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO
DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE
EMPLOYEES IN SUCH CLASSIFICATION;
(VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE
EMPLOYEES AND OF THEIR HOURS OF WORK;
(VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR
OTHER AUTHORIZED REPRESENTATIVE;
(VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR
THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS
CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS PARAGRAPH; AND
(IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE
PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH (B) OF
THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF: (A)
BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES
THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS;
AND/OR (C) REASONABLE ATTORNEY'S FEES. IF THE FISCAL OFFICER FINDS THAT
THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBPARA-
GRAPH, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE
AGENCY.
(D) PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
(I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THREE HUNDRED
DWELLING UNITS; OR
(II) AN ELIGIBLE MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS
ARE AFFORDABLE HOUSING UNITS AND NOT LESS THAN FIFTY PERCENT OF SUCH
AFFORDABLE HOUSING UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT
RENTAL FOLLOWING A VACANCY ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY
BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY
PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
(E) THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION,
AND ANNUALLY THEREAFTER, CERTIFYING THAT IT SHALL COMPLY WITH THE
REQUIREMENTS OF THIS SUBDIVISION.
(F) THE AGENCY SHALL ANNUALLY PUBLISH A LIST OF ALL ELIGIBLE SITES
SUBJECT TO THE REQUIREMENTS OF THIS PARAGRAPH AND THE AFFIDAVITS
REQUIRED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
9. REPLACEMENT RATIO. IF THE LAND ON WHICH AN ELIGIBLE SITE IS LOCATED
CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCEMENT DATE
OF THE FIRST ELIGIBLE MULTIPLE DWELLING THEREON, THEN SUCH ELIGIBLE
MULTIPLE DWELLING OR DWELLINGS BUILT THEREON SHALL CONTAIN AT LEAST ONE
AFFORDABLE HOUSING UNIT FOR EACH DWELLING UNIT THAT EXISTED ON SUCH DATE
AND WAS THEREAFTER DEMOLISHED, REMOVED OR RECONFIGURED.
10. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
RECEIVING ANNY PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR
ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
11. VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE
PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN
OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE ANNY
PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR
TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION
S. 8006--A 102 A. 9006--A
PURSUANT TO EITHER THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR
HUNDRED TWENTY-C OF THIS TITLE.
12. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE ANNY
PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION: PROVIDED, HOWEVER,
THAT THE AGENCY SHALL NOT TERMINATE OR REVOKE ANNY PROGRAM BENEFITS FOR
A FAILURE TO COMPLY WITH SUBDIVISION THREE OF THIS SECTION, WITH THE
EXCEPTION OF PARAGRAPH (A) OF SUCH SUBDIVISION. IF AN APPLICANT HAS
COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH B OF SUBDI-
VISION 8 OF THIS SECTION WITHIN A FIVE-YEAR PERIOD, THE AGENCY MAY
REVOKE ANY BENEFITS UNDER THIS SECTION. FOR PURPOSES OF THIS PARAGRAPH,
A "VIOLATION" OF PARAGRAPH B OF SUBDIVISION 8 OF THIS SECTION SHALL BE
DEEMED A FINDING BY THE FISCAL OFFICER THAT THE APPLICANT HAS FAILED TO
COMPLY WITH PARAGRAPH B OF SUBDIVISION 8 OF THIS SECTION AND HAS FAILED
TO CURE THE DEFICIENCY WITHIN THREE MONTHS OF SUCH FINDING. PROVIDED,
HOWEVER, THAT AFTER A SECOND SUCH VIOLATION, THE APPLICANT SHALL BE
NOTIFIED THAT ANY FURTHER VIOLATION MAY RESULT IN THE REVOCATION OF
BENEFITS UNDER THIS SECTION AND THAT THE FISCAL OFFICER SHALL PUBLISH ON
ITS WEBSITE A LIST OF ALL APPLICANTS WITH TWO VIOLATIONS AS DEFINED IN
THIS PARAGRAPH. IF ANNY PROGRAM BENEFITS ARE TERMINATED OR REVOKED FOR
NONCOMPLIANCE WITH THIS SECTION: (A) ALL OF THE AFFORDABLE HOUSING UNITS
SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF
THIS SECTION FOR THE APPLICABLE RESTRICTION PERIOD, AND ANY ADDITIONAL
PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY PROGRAM BENE-
FITS HAD NOT BEEN TERMINATED OR REVOKED; OR (B) FOR A HOMEOWNERSHIP
PROJECT, SUCH PROJECT SHALL CONTINUE TO COMPLY WITH AFFORDABILITY
REQUIREMENTS SET FORTH IN THIS SECTION AND ALL OTHER REQUIREMENTS OF
THIS SECTION FOR THE RESTRICTION PERIOD AND ANY ADDITIONAL PERIOD
EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY PROGRAM BENEFITS HAD
NOT BEEN TERMINATED OR REVOKED.
13. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION
SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME-
DIES, OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT
LAW OR IN EQUITY.
14. MULTIPLE TAX LOTS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS,
AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX
LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR ANNY PROGRAM BENEFITS
BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION AND BENEFITS FOR
EACH MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF SUCH
MULTIPLE DWELLING.
15. APPLICATIONS. (A) THE APPLICATION WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NOT LATER THAN ONE YEAR
AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING.
(B) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
FILED ELECTRONICALLY.
(C) THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER
SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA-
TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE
DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE
HUNDRED NINE OF THE EDUCATION LAW. ANY LICENSEE FOUND GUILTY OF SUCH
MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW AND SHALL THERE-
AFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION.
(D) THE AGENCY SHALL NOT REQUIRE THAT THE APPLICANT DEMONSTRATE
COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION,
S. 8006--A 103 A. 9006--A
WITH THE EXCEPTION OF PARAGRAPH (A) OF SUCH SUBDIVISION AS A CONDITION
TO APPROVAL OF THE APPLICATION.
16. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE THOUSAND
DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICATION. HOWEVER,
THE AGENCY MAY PROMULGATE RULES IMPOSING A LESSER FEE FOR ELIGIBLE SITES
CONTAINING ELIGIBLE MULTIPLE DWELLINGS CONSTRUCTED WITH THE SUBSTANTIAL
ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR
LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR
THE DEVELOPMENT OF AFFORDABLE HOUSING.
17. RULES. EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND EIGHT OF THIS
SECTION, THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE
PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE
PROVISIONS OF THIS SECTION.
18. ELECTION. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRA-
RY, A SMALL RENTAL PROJECT, LARGE RENTAL PROJECT OR HOMEOWNERSHIP
PROJECT WITH A COMMENCEMENT DATE ON OR BEFORE JUNE FIFTEENTH, TWO THOU-
SAND TWENTY-TWO THAT HAS NOT RECEIVED BENEFITS PURSUANT TO SECTION FOUR
HUNDRED TWENTY-ONE-A OF THIS TITLE PRIOR TO THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO THAT ADDED THIS SECTION
MAY ELECT TO COMPLY WITH THIS SECTION AND RECEIVE ANNY PROGRAM BENEFITS
PURSUANT TO THIS SECTION.
19. REPORTING. ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, THE COMMIS-
SIONER OF THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND
DEVELOPMENT SHALL ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SETTING FORTH THE
NUMBER OF TOTAL PROJECTS AND UNITS CREATED BY THIS SECTION BY YEAR,
LEVEL OF AFFORDABILITY, AND COMMUNITY BOARD, THE COST OF THE ANNY
PROGRAM, AND OTHER SUCH FACTORS AS THE COMMISSIONER OF THE NEW YORK CITY
DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT DEEMS APPROPRIATE.
THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT MAY
REQUEST AND SHALL RECEIVE COOPERATION AND ASSISTANCE FROM ALL DEPART-
MENTS, DIVISIONS, BOARDS, BUREAUS, COMMISSIONS, PUBLIC BENEFIT CORPO-
RATIONS OR AGENCIES OF THE STATE OF NEW YORK, THE CITY OF NEW YORK OR
ANY OTHER POLITICAL SUBDIVISIONS THEREOF, OR ANY ENTITY RECEIVING BENE-
FITS PURSUANT TO THIS SECTION.
20. PENALTIES FOR VIOLATIONS OF LARGE RENTAL PROJECT AFFORDABILITY
REQUIREMENTS. (A) ON AND AFTER THE EXPIRATION DATE OF THE THIRTY-FIVE
YEAR BENEFIT FOR A LARGE RENTAL PROJECT, THE AGENCY MAY IMPOSE, AFTER
NOTICE AND AN OPPORTUNITY TO BE HEARD, A FINE FOR ANY VIOLATION OF THE
AFFORDABILITY REQUIREMENTS OF SUBDIVISION SEVEN OF THIS SECTION BY SUCH
LARGE RENTAL PROJECT.
§ 2. Subdivision 3 of section 224-a of the labor law is amended to
read as follows:
3. FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT OF
PUBLIC FUNDS" SHALL NOT INCLUDE:
A. BENEFITS UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROP-
ERTY TAX LAW;
B. FUNDS THAT ARE NOT PROVIDED PRIMARILY TO PROMOTE, INCENTIVIZE, OR
ENSURE THAT CONSTRUCTION WORK IS PERFORMED, WHICH WOULD OTHERWISE BE
CAPTURED IN SUBDIVISION TWO OF THIS SECTION;
C. FUNDS USED TO INCENTIVIZE OR ENSURE THE DEVELOPMENT OF A COMPREHEN-
SIVE SEWAGE SYSTEM, INCLUDING CONNECTION TO EXISTING SEWER LINES OR
CREATION OF NEW SEWAGE LINES OR SEWER CAPACITY, PROVIDED, HOWEVER, THAT
SUCH WORK SHALL BE DEEMED TO BE A PUBLIC WORK COVERED UNDER THE
PROVISIONS OF THIS ARTICLE;
S. 8006--A 104 A. 9006--A
D. TAX BENEFITS PROVIDED FOR PROJECTS THE LENGTH OR VALUE OF WHICH ARE
NOT ABLE TO BE CALCULATED AT THE TIME THE WORK IS TO BE PERFORMED;
E. TAX BENEFITS RELATED TO BROWNFIELD REMEDIATION OR BROWNFIELD REDE-
VELOPMENT PURSUANT TO SECTION TWENTY-ONE, TWENTY-TWO, ONE HUNDRED EIGHT-
Y-SEVEN-G OR ONE HUNDRED EIGHTY-SEVEN-H OF THE TAX LAW, SUBDIVISION
SEVENTEEN OR EIGHTEEN OF SECTION TWO HUNDRED TEN-B OF THE TAX LAW,
SUBSECTION (DD) OR (EE) OF SECTION SIX HUNDRED SIX OF THE TAX LAW, OR
SUBDIVISION (U) OR (V) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE TAX LAW;
F. FUNDS PROVIDED PURSUANT TO SUBDIVISION THREE OF SECTION TWENTY-
EIGHT HUNDRED FIFTY-THREE OF THE EDUCATION LAW; [and]
G. ANY OTHER PUBLIC MONIES, CREDITS, SAVINGS OR LOANS, DETERMINED BY
THE PUBLIC SUBSIDY BOARD CREATED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF
THIS ARTICLE AS EXEMPT FROM THIS DEFINITION[.]; AND
H. BENEFITS UNDER SECTION FOUR HUNDRED EIGHTY-FIVE-W OF THE REAL PROP-
ERTY TAX LAW.
§ 3. This act shall take effect immediately.
§ 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.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through II of this act shall be
as specifically set forth in the last section of such Parts.
2021-S8006B - Details
2021-S8006B - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2022-2023 state fiscal year; relates to school contracts for excellence; relates to foundation aid; provides for maintenance of equity aid
2021-S8006B - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8006--B
I N S E N A T E
January 19, 2022
___________
A BUDGET BILL, submitted by the Governor pursuant to article seven of
the Constitution -- read twice and ordered printed, and when printed
to be committed to the Committee on Finance -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, in relation to school contracts for
excellence; to amend the education law, in relation to foundation aid;
to amend the education law, in relation to maintenance of equity aid;
to amend the education law, in relation to building aid and the New
York state energy research and development authority P-12 schools
clean green schools initiative; to amend the education law, in
relation to modifying the length of school sessions; to amend the
education law, in relation to supplemental public excess cost aid; to
amend the education law, in relation to academic enhancement aid; to
amend the education law, in relation to high tax aid; to amend the
education law, in relation to extending the statewide universal full-
day pre-kindergarten program; to amend the education law, in relation
to state aid adjustments; to amend chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by
the consortium for worker education in New York city, in relation to
reimbursement for the 2022-2023 school year, withholding a portion of
employment preparation education aid and in relation to the effective-
ness thereof; to amend chapter 169 of the laws of 1994, relating to
certain provisions related to the 1994-95 state operations, aid to
localities, capital projects and debt service budgets, 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 making certain provisions thereof permanent; to
amend the No Child Left Behind Act of 2001, in relation to making the
provisions thereof permanent; to amend chapter 121 of the laws of
1996, relating to authorizing the Roosevelt union free school district
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12672-04-2
S. 8006--B 2
to finance deficits by the issuance of serial bonds, in relation to
the amounts of such apportionments; to amend part B of chapter 57 of
the laws of 2008 amending the education law relating to the universal
prekindergarten program, in relation to the effectiveness thereof; to
amend chapter 552 of the laws of 1995, amending the education law
relating to contracts for the transportation of school children, in
relation to the effectiveness thereof; providing for school bus driver
training grants; providing for special apportionment for salary
expenses; providing for special apportionment for public pension
accruals; to amend the education law, in relation to permitting the
city school district of the city of Rochester to make certain
purchases from the board of cooperative educational services of the
supervisory district serving its geographic region; providing for
set-asides from the state funds which certain districts are receiving
from the total foundation aid; providing for support of public
libraries; and providing for the repeal of certain provisions upon
expiration thereof (Part A); to amend the education law, in relation
to the reconciliation process for special education schools and
replacing the current rate-setting methodology; to amend the education
law, in relation to the salary of certain teachers providing
instruction in career and technical education to school age students;
to amend the education law, in relation to aid for career education;
to amend part A of chapter 56 of the laws of 2021, relating to funding
from the elementary and secondary school emergency relief fund allo-
cated by the American rescue plan act of 2021, in relation to school
funding plans; to amend the education law, in relation to the addi-
tional apportionment of building aid for certain projects; to amend
the education law, in relation to computation of pupil counts and
related factors; to repeal section 3614 of the education law, in
relation to statements of total funding allocations; to amend the
education law, in relation to reserve funds for 4201 schools; to amend
part A of chapter 56 of the laws of 2021, relating to approved private
schools serving certain students with disabilities, special act school
districts and approved preschool special class and special class in an
integrated setting programs experiencing enrollment decreases as a
result of the state disaster emergency declared pursuant to Executive
Order 202 of 2020, in relation to student enrollment of special educa-
tion schools; to amend the education law, in relation to the community
school act; to authorize the Peekskill city school district to apply
to the commissioner of education to receive an apportionment; and
making an appropriation therefor (Part A-1); to amend the education
law and the local finance law, in relation to zero-emission school
buses (Subpart A); to amend the transportation law, in relation
to the purchase of zero-emission buses; and to amend the public
authorities law and the general municipal law, in relation to the
procurement of electric-powered buses, vehicles or other related
equipment (Subpart B); and to amend the executive law, in relation to
purchasing or leasing of zero emission vehicles for state-owned vehi-
cle fleets; and to amend the public authorities law, in relation to
creating a zero emission transit and school bus roadmap for the
state (Subpart C) (Part B); intentionally omitted (Part C); to amend
the education law, in relation to state appropriations for reimburse-
ment of tuition credits (Part D); to amend the education law, in
relation to the expansion of the part-time tuition assistance program
(Part E); to amend the education law, in relation to eligibility
requirements and conditions for tuition assistance program awards; and
S. 8006--B 3
to repeal certain provisions of the education law relating to the ban
on incarcerated individuals to be eligible to receive state aid (Part
F); to amend the education law, in relation to establishing the amount
awarded for the excelsior scholarship (Part G); to amend the education
law, in relation to including certain apprenticeships in the defi-
nition of "eligible educational institution" for the New York state
college choice tuition savings program (Part H); intentionally omitted
(Part I); to amend the education law, in relation to registration of a
new curriculum or program of study offered by a not-for-profit college
or university (Part J); to amend the business corporation law, the
partnership law and the limited liability company law, in relation to
certified public accountants (Part K); to amend the social services
law, in relation to expanding child care assistance (Part L); inten-
tionally omitted (Part M); to amend part C of chapter 83 of the laws
of 2002, amending the executive law and other laws relating to funding
for children and family services, in relation to extending the effec-
tiveness thereof (Part N); to amend the social services law, in
relation to reimbursement for a portion of the costs of social
services districts for care provided to foster children in insti-
tutions, group residences, group homes, and agency operated boarding
homes (Part O); intentionally omitted (Part P); intentionally omitted
(Part Q); to amend the executive law, in relation to increasing the
amount of reimbursement the division of veterans' affairs shall
provide to local veterans' service agencies for the cost of mainte-
nance of such agencies (Part R); 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 S); to amend part W
of chapter 54 of the laws of 2016 amending the social services law
relating to the powers and duties of the commissioner of social
services relating to the appointment of a temporary operator, in
relation to the effectiveness thereof (Part T); to amend the social
services law, in relation to the public benefits and requirements; and
to repeal certain provisions of such law relating thereto (Part U);
intentionally omitted (Part V); intentionally omitted (Part W); inten-
tionally omitted (Part X); intentionally omitted (Part Y); to utilize
reserves in the mortgage insurance fund for various housing purposes
(Part Z); intentionally omitted (Part AA); intentionally omitted (Part
BB); intentionally omitted (Part CC); intentionally omitted (Part DD);
intentionally omitted (Part EE); intentionally omitted (Part FF); to
amend the executive law, the public authorities law and the county
law, in relation to requiring certain documents and forms to be
provided in multiple languages (Part GG); to amend the retirement and
social security law, in relation to waiving approval and income limi-
tations on retirees employed in a school district or a board of coop-
erative educational services; and providing for the repeal of such
provisions upon expiration thereof (Part HH); intentionally omitted
(Part II); to amend the labor law, in relation to employer contrib-
utions to the unemployment insurance fund and the unemployment insur-
ance maximum benefit rate (Part JJ); to amend the education law, in
relation to mandatory university fees (Part KK); to amend the educa-
tion law, in relation to funds concerning state university health care
facilities (Part LL); to amend the education law, in relation to
increasing the income eligibility threshold for the tuition assistance
program (Part MM); to amend the public housing law, in relation to
establishing the housing access voucher program (Part NN); to amend
the social services law, in relation to the low-income home energy
S. 8006--B 4
assistance program (Subpart A); directing the office of temporary and
disability assistance to conduct a public outreach program regarding
utilities assistance (Subpart B) (Part OO); and to amend the social
services law, in relation to the powers of a social services official
to receive and dispose of a deed, mortgage or lien (Part PP)
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
necessary to implement the state education, labor, housing and family
assistance budget for the 2022-2023 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through PP. 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, including the effective date of the
Part, which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in which it is found.
Section three of this act sets forth the general effective date of this
act.
PART A
Section 1. 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
2021, 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
S. 8006--B 5
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
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; and
provided further that, a school district that submitted a contract for
excellence for the two thousand sixteen--two thousand seventeen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing 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 sixteen--two thousand
seventeen school year; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen 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 amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
S. 8006--B 6
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
twenty 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 eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one 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 nineteen--two thousand twenty school
year; and provided further that, a school district that submitted a
contract for excellence for the two thousand twenty--two thousand twen-
ty-one school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-one--two thousand twenty-two 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 twenty--two
thousand twenty-one school year; AND PROVIDED FURTHER THAT, A SCHOOL
DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, UNLESS ALL SCHOOLS IN
THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT
FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
THREE 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 TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR.
For purposes of this paragraph, the "gap elimination adjustment percent-
age" 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.
§ 2. Subdivision 4 of section 3602 of education law is amended by
adding a new paragraph j to read as follows:
J. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND
TWENTY-THREE SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
S. 8006--B 7
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO
THOUSAND TWENTY-THREE SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE TOTAL
FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE
OF THIS SECTION PLUS THE GREATER OF (A) THE PRODUCT OF THE PHASE-IN
FOUNDATION INCREASE FACTOR AS COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH B OF THIS SUBDIVISION MULTIPLIED BY THE POSITIVE DIFFERENCE,
IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSU-
ANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE PROD-
UCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDATION AID
BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS
SECTION.
§ 3. Section 3602 of the education law is amended by adding a new
subdivision 4-a to read as follows:
4-A. FOUNDATION AID MAINTENANCE OF EQUITY AID. 1. FOR PURPOSES OF
THIS SUBDIVISION THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
A. "HIGH-NEED LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH (1) THE
HIGHEST PERCENTAGE OF ECONOMICALLY DISADVANTAGED STUDENTS AS CALCULATED
BASED ON THE MOST RECENT SMALL AREA INCOME AND POVERTY ESTIMATES
PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE SUM
OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER THAN
OR EQUAL TO THE PRODUCT OF FIVE-TENTHS (0.5) AND THE STATEWIDE TOTAL OF
SUCH ENROLLMENT.
B. "HIGHEST-POVERTY LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH
(1) THE HIGHEST PERCENTAGE OF ECONOMICALLY DISADVANTAGED STUDENTS AS
CALCULATED BASED ON THE MOST RECENT SMALL AREA INCOME AND POVERTY ESTI-
MATES PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE
SUM OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER
THAN OR EQUAL TO THE PRODUCT OF TWO-TENTHS (0.2) AND THE STATEWIDE TOTAL
OF SUCH ENROLLMENT.
C. "ELIGIBLE DISTRICTS" SHALL MEAN SCHOOL DISTRICTS DEFINED AS HIGH-
NEED LEAS OR HIGHEST-POVERTY LEAS IN THE CURRENT YEAR WHICH ARE SUBJECT
TO THE STATE LEVEL MAINTENANCE OF EQUITY REQUIREMENT IN THE AMERICAN
RESCUE PLAN ACT OF 2021, SECTION 2004, PART 1, SUBTITLE A, TITLE II,
(PUBLIC LAW 117-2) FOR THE CURRENT YEAR.
D. "STATE FUNDING" SHALL MEAN ANY APPORTIONMENT PROVIDED PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-
ONE, AND SEVEN HUNDRED FIFTY-THREE OF THIS CHAPTER PLUS APPORTIONMENTS
PURSUANT TO SUBDIVISIONS FOUR, FIVE-A, TEN, TWELVE, AND SIXTEEN OF THIS
SECTION.
E. "LOCAL EDUCATIONAL AGENCY ENROLLMENT" SHALL MEAN THE UNDUPLICATED
COUNT OF ALL CHILDREN REGISTERED TO RECEIVE EDUCATIONAL SERVICES IN
GRADES KINDERGARTEN THROUGH TWELVE, INCLUDING CHILDREN IN UNGRADED
PROGRAMS, AS REGISTERED ON THE DATE PRIOR TO NOVEMBER FIRST THAT IS
SPECIFIED BY THE COMMISSIONER AS THE ENROLLMENT REPORTING DATE, REGIS-
TERED IN A LOCAL EDUCATIONAL AGENCY AS DEFINED PURSUANT TO SECTION 7801
OF TITLE 20 OF THE UNITED STATES CODE.
2. ELIGIBLE DISTRICTS SHALL RECEIVE AN APPORTIONMENT OF FOUNDATION AID
MAINTENANCE OF EQUITY AID IN THE CURRENT YEAR IF THE COMMISSIONER, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET, DETERMINES THE DISTRICT
WOULD OTHERWISE RECEIVE A REDUCTION IN STATE FUNDING ON A PER PUPIL
BASIS INCONSISTENT WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
REQUIREMENT. THIS APPORTIONMENT SHALL BE EQUAL TO THE AMOUNT NECESSARY
TO ENSURE COMPLIANCE WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
REQUIREMENT. THIS APPORTIONMENT SHALL BE PAID IN THE CURRENT YEAR
PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART.
S. 8006--B 8
§ 4. Clause (ii) of paragraph j 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:
(ii) For aid payable in the two thousand eight--two thousand nine
school year and thereafter, the total foundation aid base shall equal
the total amount a district was eligible to receive in the base year
pursuant to subdivision four of this section PLUS FOUNDATION AID MAINTE-
NANCE OF EQUITY AID PURSUANT TO SUBDIVISION FOUR-A OF THIS SECTION.
§ 5. Section 3602-b of the education law is amended by adding a new
subdivision 3 to read as follows:
3. A. IN ADDITION TO APPORTIONMENTS CALCULATED PURSUANT TO SUBDIVI-
SIONS ONE AND TWO OF THIS SECTION, EACH SCHOOL DISTRICT EMPLOYING FEWER
THAN EIGHT TEACHERS DEFINED AS ELIGIBLE PURSUANT TO PARAGRAPH ONE OF
SUBDIVISION FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL
RECEIVE AN ADDITIONAL APPORTIONMENT OF PUBLIC MONEY IN THE CURRENT YEAR
IF THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET,
DETERMINES THE DISTRICT WOULD OTHERWISE RECEIVE A REDUCTION IN STATE
FUNDING, AS DEFINED IN SUBPARAGRAPH D OF PARAGRAPH ONE OF SUBDIVISION
FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, ON A PER PUPIL
BASIS INCONSISTENT WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
REQUIREMENT.
B. THE MAINTENANCE OF EQUITY AID SHALL BE EQUAL TO THE AMOUNT NECES-
SARY TO ENSURE COMPLIANCE WITH THE FEDERAL STATE LEVEL MAINTENANCE OF
EQUITY REQUIREMENT IN THE AMERICAN RESCUE PLAN ACT OF 2021, SECTION
2004, PART 1, SUBTITLE A, TITLE II, (PUBLIC LAW 117-2) FOR THE CURRENT
YEAR.
§ 6. Section 3602 of the education law is amended by adding a new
subdivision 6-i to read as follows:
6-I. BUILDING AID AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE. 1. FOR AID
PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWEN-
TY-THREE AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, THE APPORTIONMENT TO ANY DISTRICT UNDER SUBDIVISION SIX,
SIX-A, SIX-B, SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION FOR CAPITAL
OUTLAYS FOR SCHOOL BUILDING PROJECTS FOR ENERGY EFFICIENCY SHALL NOT
EXCLUDE GRANTS AUTHORIZED PURSUANT TO THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE
FROM AIDABLE EXPENDITURES, PROVIDED THAT THE SUM OF APPORTIONMENTS FOR
THESE PROJECTS CALCULATED PURSUANT TO SUBDIVISION SIX, SIX-A, SIX-B,
SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION AND SUCH GRANTS SHALL NOT
EXCEED THE ACTUAL PROJECT EXPENDITURES.
2. THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
PROVIDE A LIST OF ENERGY EFFICIENCY GRANTS AWARDED TO EACH SCHOOL
DISTRICT TO THE COMMISSIONER NO LATER THAN ONE MONTH PRIOR TO THE END OF
EACH CALENDAR YEAR AND EACH SCHOOL YEAR. THIS LIST SHALL INCLUDE THE
CAPITAL CONSTRUCTION PROJECT OR PROJECTS FUNDED BY THE GRANTS, THE AWARD
AMOUNTS OF EACH INDIVIDUAL PROJECT GRANT, THE DISTRICT RECEIVING SUCH
GRANTS, THE SCHOOLS RECEIVING SUCH GRANTS, THE DATE ON WHICH THE GRANT
WAS RECEIVED, AND ANY OTHER INFORMATION NECESSARY FOR THE CALCULATION OF
AID PURSUANT TO SUBDIVISION SIX, SIX-A, SIX-B, SIX-C, SIX-E, SIX-F, OR
SIX-H OF THIS SECTION.
§ 7. Paragraph a of subdivision 4 of section 3204 of the education law
is amended to read as follows:
a. A full time day school or class, except as otherwise prescribed,
shall be in session for not less than one hundred [ninety] EIGHTY days
S. 8006--B 9
each year, [inclusive] EXCLUSIVE of legal holidays that occur during the
term of said school and exclusive of Saturdays.
§ 8. Paragraph s 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:
s. "Extraordinary needs count" shall mean the sum of the product of
the [limited English proficiency] ENGLISH LANGUAGE LEARNER count multi-
plied by fifty percent, plus, the poverty count and the sparsity count.
§ 9. Subdivision 6 of section 3602 of the education law is amended by
adding a new paragraph k to read as follows:
K. FINAL COST REPORT PENALTIES. (1) ALL ACTS DONE AND PROCEEDINGS
HERETOFORE HAD AND TAKEN OR CAUSED TO BE HAD AND TAKEN BY SCHOOL
DISTRICTS AND BY ALL ITS OFFICERS OR AGENTS RELATING TO OR IN CONNECTION
WITH FINAL BUILDING COST REPORTS REQUIRED TO BE FILED WITH THE DEPART-
MENT FOR APPROVED BUILDING PROJECTS FOR WHICH A CERTIFICATE OF SUBSTAN-
TIAL COMPLETION WAS AND/OR IS ISSUED ON OR AFTER APRIL FIRST, NINETEEN
HUNDRED NINETY-FIVE, WHERE A FINAL COST REPORT WAS NOT SUBMITTED BY JUNE
THIRTIETH OF THE SCHOOL YEAR IN WHICH THE CERTIFICATE OF SUBSTANTIAL
COMPLETION OF THE PROJECT WAS ISSUED BY THE ARCHITECT OR ENGINEER, OR
SIX MONTHS AFTER ISSUANCE OF SUCH CERTIFICATE, WHICHEVER WAS LATER, AND
ALL ACTS INCIDENTAL THERETO ARE HEREBY LEGALIZED, VALIDATED, RATIFIED
AND CONFIRMED, NOTWITHSTANDING ANY FAILURE TO COMPLY WITH THE APPROVAL
AND FILING PROVISIONS OF THE EDUCATION LAW OR ANY OTHER LAW OR ANY OTHER
STATUTORY AUTHORITY, RULE OR REGULATION, IN RELATION TO ANY OMISSION,
ERROR, DEFECT, IRREGULARITY OR ILLEGALITY IN SUCH PROCEEDINGS HAD AND
TAKEN.
(2) THE DEPARTMENT IS HEREBY DIRECTED TO CONSIDER THE APPROVED COSTS
OF THE AFOREMENTIONED PROJECTS AS VALID AND PROPER OBLIGATIONS OF SUCH
SCHOOL DISTRICTS AND SHALL NOT RECOVER ON OR AFTER JULY FIRST, TWO THOU-
SAND THIRTEEN ANY PENALTY ARISING FROM THE LATE FILING OF A FINAL COST
REPORT, PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED ON OR AFTER JULY
FIRST, TWO THOUSAND THIRTEEN SHALL BE DEEMED A PAYMENT OF MONEYS DUE
FOR PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION FIVE OF SECTION
THIRTY-SIX HUNDRED FOUR OF THIS PART AND SHALL BE PAID TO THE APPROPRI-
ATE DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
(A) SUCH SCHOOL DISTRICT SUBMITTED THE LATE OR MISSING FINAL BUILDING
COST REPORT TO THE COMMISSIONER;
(B) SUCH COST REPORT IS APPROVED BY THE COMMISSIONER;
(C) ALL STATE FUNDS EXPENDED BY THE SCHOOL DISTRICT, AS DOCUMENTED IN
SUCH COST REPORT, WERE PROPERLY EXPENDED FOR SUCH BUILDING PROJECT IN
ACCORDANCE WITH THE TERMS AND CONDITIONS FOR SUCH PROJECT AS APPROVED BY
THE COMMISSIONER; AND
(D) THE FAILURE TO SUBMIT SUCH REPORT IN A TIMELY MANNER WAS AN INAD-
VERTENT ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL DISTRICT,
AND THERE IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER INTENT BY
SUCH DISTRICT.
§ 10. Section 3625 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. TRANSPORTATION CONTRACT PENALTIES. A. ALL ACTS DONE AND PROCEEDINGS
HERETOFORE HAD AND TAKEN OR CAUSED TO BE HAD AND TAKEN RELATING TO OR IN
CONNECTION WITH A TRANSPORTATION CONTRACT, AND ALL ACTS INCIDENTAL HERE-
TO ARE HEREBY LEGALIZED, VALIDATED, RATIFIED AND CONFIRMED, NOTWITH-
STANDING ANY FAILURE TO COMPLY WITH THE CONTRACT AWARD, APPROVAL AND
FILING PROVISIONS OF THE EDUCATION LAW, THE GENERAL MUNICIPAL LAW OR ANY
OTHER LAW OR ANY OTHER STATUTORY AUTHORITY, RULE OR REGULATION, OTHER
THAN THOSE FILING PROVISIONS DEFINED IN PARAGRAPH A OF SUBDIVISION FIVE
S. 8006--B 10
OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS ARTICLE, IN RELATION TO ANY
OMISSION, ERROR, DEFECT, IRREGULARITY OR ILLEGALITY IN SUCH PROCEEDING
HAD AND TAKEN.
B. THE DEPARTMENT IS HEREBY DIRECTED TO CONSIDER THE AFOREMENTIONED
CONTRACTS FOR TRANSPORTATION AID AS VALID AND PROPER OBLIGATIONS AND
SHALL NOT RECOVER FROM SUCH SCHOOL DISTRICTS ANY PENALTY ARISING FROM
THE FAILURE TO SUBMIT A TRANSPORTATION CONTRACT IN A TIMELY MANNER,
PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED SHALL BE DEEMED A PAYMENT
OF MONEYS DUE FOR PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION
FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS ARTICLE AND SHALL BE
PAID TO THE SCHOOL DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
(1) SUCH SCHOOL DISTRICT SUBMITTED THE CONTRACT TO THE COMMISSIONER
AND SUCH CONTRACT IS FOR SERVICES IN THE TWO THOUSAND TWELVE--TWO THOU-
SAND THIRTEEN SCHOOL YEAR OR THEREAFTER;
(2) SUCH CONTRACT IS APPROVED BY THE COMMISSIONER;
(3) ALL STATE FUNDS EXPENDED BY THE SCHOOL DISTRICT WERE PROPERLY
EXPENDED FOR SUCH TRANSPORTATION AS APPROVED BY THE COMMISSIONER; AND
(4) THE FAILURE TO EXECUTE OR SUBMIT SUCH CONTRACT IN A TIMELY MANNER
WAS AN INADVERTENT ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL
DISTRICT, AND THERE IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER
INTENT BY SUCH DISTRICT.
§ 11. Subdivision 2 of section 3625 of the education law, as amended
by chapter 474 of the laws of 1996, is amended to read as follows:
2. Filing of transportation contracts. Every transportation contract
shall be filed with the department within one hundred twenty days of the
commencement of service under such contract. No transportation expense
shall be allowed for a period greater than one hundred twenty days prior
to the filing of any contract for the transportation of pupils with the
education department. No contract shall be considered filed unless it
bears an original signature, IN THE CASE OF A WRITTEN DOCUMENT, OR A
CERTIFICATION, IN THE CASE OF AN APPROVED ELECTRONIC FORM, of the super-
intendent of a school district or the designee of the superintendent and
the sole trustee or president of the board of education of the school
district. The final approval of any such contract by the commissioner
shall not, however, obligate the state to allow transportation expense
in an amount greater than the amount that would be allowed under the
provisions of this part. The state, acting through the department of
audit and control, may examine any and all accounts of the contractor in
connection with a contract for the transportation of pupils, and every
such contract shall contain the following provision: "The contractor
hereby consents to an audit of any and all financial records relating to
this contract by the department of audit and control."
§ 11-a. Subdivision 1 of section 3625 of the education law, as amended
by section 47 of part L of chapter 405 of the laws of 1999, is amended
to read as follows:
1. Form of transportation contracts. Every contract for transportation
of school children shall be in writing OR IN AN ELECTRONIC FORM APPROVED
BY THE COMMISSIONER WHEN AVAILABLE, and before such contract is filed
with the department as required by subdivision two of this section, the
same shall be submitted for approval to the superintendent of schools of
said district and such contract shall not be approved and filed by such
superintendent unless he or she shall first investigate the same with
particular reference to the type of conveyance, the character and abili-
ty of the driver, the routes over which the conveyances shall travel,
the time schedule, and such other matters as in the judgement of the
superintendent are necessary for the comfort and protection of the chil-
S. 8006--B 11
dren while being transported to and from school. Every such contract for
transportation of children shall contain an agreement upon the part of
the contractor that the vehicle shall come to a full stop before cross-
ing the track or tracks of any railroad and before crossing any state
highway.
§ 12. Intentionally omitted.
§ 13. Intentionally omitted.
§ 14. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 12-b of part A of chapter 56 of the
laws of 2021, 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
[twenty-one] TWENTY-TWO--two thousand [twenty-two] TWENTY-THREE 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 enti-
tled "SA0910".
§ 15. Subdivision 12 of section 3602 of the education law, as amended
by section 13-a of part A of chapter 56 of the laws of 2021, is amended
to read as follows:
12. Academic enhancement aid. A. A school district that as of April
first of the base year has been continuously identified as a district in
need of improvement for at least five years shall, for the two thousand
eight--two thousand nine school year, be entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the total foundation aid
base, as defined by paragraph j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.
B. For the two thousand nine--two thousand ten through two thousand
fourteen--two thousand fifteen school years, each school district shall
be entitled to an apportionment equal to the amount set forth for such
school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced by
the commissioner in support of the budget for the two thousand nine--two
thousand ten school year and entitled "SA0910", and such apportionment
shall be deemed to satisfy the state obligation to provide an apportion-
ment pursuant to subdivision eight of section thirty-six hundred forty-
one of this article.
C. For the two thousand fifteen--two thousand sixteen 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 "2014-15 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand fourteen--two thousand fifteen school year and entitled
"SA141-5", 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. 8006--B 12
D. 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.
E. For the two thousand seventeen--two thousand eighteen 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 "2016-17 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand sixteen--two thousand seventeen school year and entitled
"SA161-7", 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.
F. For the two thousand eighteen--two thousand nineteen 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 "2017-18 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand seventeen--two thousand eighteen school year and entitled
"SA171-8", 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.
G. For the two thousand nineteen--two thousand twenty 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 "2018-19 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand eighteen--two thousand nineteen school year and entitled
"SA181-9", 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.
H. For the two thousand twenty--two thousand twenty-one 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 "2019-20 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nineteen--two thousand twenty school year and entitled
"SA192-0", 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.
I. For the two thousand twenty-one--two thousand twenty-two school
year AND THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
YEAR, each school district shall be entitled to an apportionment equal
to the amount set forth for such school district as "ACADEMIC ENHANCE-
MENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the budget
for the two thousand twenty--two thousand twenty-one school year and
entitled "SA202-1", 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. 8006--B 13
§ 16. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 14-a of part A of chapter 56 of the
laws of 2021, 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 [twenty-one] TWENTY-TWO--two thousand [twenty-two] TWENTY-THREE
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".
§ 17. Subdivision 16 of section 3602-ee of the education law, as
amended by section 23 of part A of chapter 56 of the laws of 2021, 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
[twenty-two] TWENTY-THREE; provided that the program shall continue and
remain in full effect.
§ 18. Intentionally omitted.
§ 19. The opening paragraph of section 3609-a of the education law, as
amended by section 26 of part A of chapter 56 of the laws of 2021, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand [twenty-one] TWENTY-TWO--two thousand
[twenty-two] TWENTY-THREE 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 appro-
priation 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 current year
aids pursuant to subdivision seven of section thirty-six hundred four of
S. 8006--B 14
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 ninety-two-c of the state
finance law, less any grants provided pursuant to subdivision five of
section ninety-seven-nnnn of the state finance law, less any grants
provided pursuant to subdivision twelve of section thirty-six hundred
forty-one of this article, or (ii) the apportionment calculated by the
commissioner based on data on file at the time the payment is processed;
provided however, that for the purposes of any payments made pursuant to
this section prior to the first business day of June of the current
year, moneys apportioned shall not include any aids payable pursuant to
subdivisions six and fourteen, if applicable, of section thirty-six
hundred two of this part as current year aid for debt service on bond
anticipation notes and/or bonds first issued in the current year or any
aids payable for full-day kindergarten for the current year pursuant to
subdivision nine of section thirty-six hundred two of this part. The
definitions of "base year" and "current year" as set forth in subdivi-
sion one of section thirty-six hundred two of this part shall apply to
this section. For aid payable in the two thousand [twenty-one] TWENTY-
TWO--two thousand [twenty-two] TWENTY-THREE school year, reference to
such "school aid computer listing for the current year" shall mean the
printouts entitled ["SA212-2"] "SA222-3".
§ 20. 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
39 of part A of chapter 56 of the laws of 2021, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the reimbursement for the 2018--2019 school year
shall not exceed 59.4 percent of the lesser of such approvable costs per
contact hour or fourteen dollars and ninety-five cents per contact hour,
reimbursement for the 2019--2020 school year shall not exceed 57.7
percent of the lesser of such approvable costs per contact hour or
fifteen dollars sixty cents per contact hour, reimbursement for the
2020--2021 school year shall not exceed 56.9 percent of the lesser of
such approvable costs per contact hour or sixteen dollars and twenty-
five cents per contact hour, [and] reimbursement for the 2021--2022
school year shall not exceed 56.0 percent of the lesser of such approva-
ble costs per contact hour or sixteen dollars and forty cents per
contact hour, AND REIMBURSEMENT FOR THE 2022--2023 SCHOOL YEAR SHALL NOT
EXCEED 55.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT
HOUR OR SEVENTEEN DOLLARS AND FIVE CENTS PER CONTACT HOUR, and 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 2018--2019 school year such contact hours shall not
exceed one million four hundred sixty-three thousand nine hundred
sixty-three (1,463,963); for the 2019--2020 school year such contact
hours shall not exceed one million four hundred forty-four thousand four
hundred forty-four (1,444,444); for the 2020--2021 school year such
contact hours shall not exceed one million four hundred six thousand
nine hundred twenty-six (1,406,926); [and] for the 2021--2022 school
year such contact hours shall not exceed one million four hundred
sixteen thousand one hundred twenty-two (1,416,122) ; AND FOR THE 2022-
-2023 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION THREE
S. 8006--B 15
HUNDRED SIXTY-NINE THOUSAND EIGHT HUNDRED SIXTY-THREE (1,369,863).
Notwithstanding any other provision of law to the contrary, the appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
ble for aid in accordance with the provisions of such subdivision 11 of
section 3602 of the education law.
§ 21. 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 aa to read as follows:
AA. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2022-23 SCHOOL YEAR. NOTWITHSTANDING ANY
INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
§ 22. 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 41 of part A of
chapter 56 of the laws of 2021, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2022] 2023.
§ 23. 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 33 of part A of chapter 56 of the laws of 2020, 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, [2022] 2024.
§ 24. 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 42 of part A of
chapter 56 of the laws of 2021, is amended to read as follows:
§ 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, [2022] 2023 when
upon such date the provisions of this act shall be deemed repealed.
§ 25. 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
S. 8006--B 16
amended by section 43 of part A of chapter 56 of the laws of 2021, is
amended to read as follows:
§ 4. This act shall take effect July 1, 2002 and section one of this
act shall expire and be deemed repealed June 30, 2019[, and sections two
and three of this act shall expire and be deemed repealed on June 30,
2022].
§ 26. 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 44 of part A of chapter 56 of the
laws of 2021, is amended to read as follows:
§ 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, 2022].
§ 26-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 41-a of part A of chapter 56 of the laws
of 2021, 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 [twenty-one] TWENTY-TWO--two
thousand [twenty-two] TWENTY-THREE AND THEREAFTER, the commissioner may
set aside an amount not to exceed two million five hundred thousand
dollars from the funds appropriated 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 equiv-
alency diploma but fail to demonstrate basic educational competencies as
defined in regulation by the commissioner, when measured by accepted
standardized tests, and who shall be eligible to attend employment prep-
aration education programs operated pursuant to this subdivision.
§ 26-b. 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
46-a of part A of chapter 56 of the laws of 2021, 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 [2021-22] 2022-23 school year, four million dollars
($4,000,000); for the [2022-23] 2023-24 school year, three million
dollars ($3,000,000); for the [2023-24] 2024-25 school year, two million
dollars ($2,000,000); for the [2024-25] 2025-26 school year, one million
dollars ($1,000,000); and for the [2025-26] 2026-27 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.
§ 26-c. Subdivision 4 of section 51 of part B of chapter 57 of the
laws of 2008 amending the education law relating to the universal prek-
indergarten program, as amended by section 23-a of part A of chapter 56
of the laws of 2021, is amended to read as follows:
4. section twenty-three of this act shall take effect July 1, 2008 and
shall expire and be deemed repealed June 30, [2022] 2023;
S. 8006--B 17
§ 27. Section 2 of chapter 552 of the laws of 1995, amending the
education law relating to contracts for the transportation of school
children, as amended by section 45 of part YYY of chapter 59 of the laws
of 2019, is amended to read as follows:
§ 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, [2023] 2028, when upon such
date the provisions of this act shall be deemed repealed.
§ 28. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2022-2023 through the 2026-2027 school years, subject to available
appropriation, 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-profit educa-
tional organizations for the purposes of this section. Such payments
shall not exceed four hundred thousand dollars ($400,000) per school
year.
§ 29. 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 2023 and not later than the last day of the third full
business week of June 2023, 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, 2023, for salary expenses incurred between April 1 and
June 30, 2022 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. 8006--B 18
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amo