S T A T E   O F   N E W   Y O R K
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     S. 2506--A                                            A. 3006--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 20, 2021
                                ___________
 
 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  the  purchase
   and  use of school textbooks, school library materials, and computers;
   to amend the education law, in relation to the apportionment of public
   moneys to school districts employing eight or more teachers; to  amend
   the  education  law, in relation to special apportionments and grants-
   in-aid to school districts and to  moneys  apportioned  for  board  of
   cooperative  educational  services  aidable expenditures; to amend the
   education law, in relation to the local district  funding  adjustment;
   to amend the education law, in relation to pandemic adjustment payment
   reduction;  to  amend the education law, in relation to aidable trans-
   portation expense; to amend the education  law,  in  relation  to  the
   statewide  universal  full-day  pre-kindergarten program; to amend the
   education law, in relation to moneys apportioned; to amend the  educa-
   tion  law,  in  relation  to waivers from certain duties; to amend the
   education law, in relation to the New York  state  mentor  teacher-in-
   ternship  program;  to  amend  the  education  law, in relation to the
   teachers of tomorrow teacher recruitment  and  retention  program;  to
   amend the education law, in relation to the national board for profes-
   sional  teaching standards certification grant; to amend the education
   law, in relation to charter school aid; to amend chapter  507  of  the
   laws  of  1974,  relating  to providing for the apportionment of state
   monies to certain nonpublic  schools,  to  reimburse  them  for  their
   expenses in complying with certain state requirements for the adminis-
   tration of state testing and evaluation programs and for participation
   in  state  programs  for  the  reporting of basic educational data, in
   relation to the  calculation  of  nonpublic  schools'  eligibility  to
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12572-02-1

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   receive  aid;  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  2021-2022  school  year; 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  withholding  a portion of employment preparation education aid and
   in relation to the effectiveness thereof; to amend chapter 147 of  the
   laws  of  2001,  amending  the  education  law relating to conditional
   appointment of school district, charter school or BOCES employees,  in
   relation  to  the  effectiveness  thereof; to amend chapter 425 of the
   laws of 2002, amending the education law relating to the provision  of
   supplemental  educational services, attendance at a safe public school
   and the suspension of pupils who bring  a  firearm  to  or  possess  a
   firearm  at  a  school,  in  relation to the effectiveness thereof; to
   amend chapter 101 of the laws of  2003,  amending  the  education  law
   relating to implementation of the No Child Left Behind Act of 2001, in
   relation  to  the  effectiveness thereof; relates to school bus driver
   training; relates to special apportionment  for  salary  expenses  and
   public  pension  accruals;  relates  to  authorizing  the  city school
   district of the  city  of  Rochester  to  purchase  certain  services;
   relates  to  suballocations of appropriations; relating to the support
   of public libraries; to repeal  section  3033  of  the  education  law
   relating  to  the New York state mentor teacher-internship program; to
   repeal section 3612 of the education law relating to the  teachers  of
   tomorrow  teacher  recruitment  and  retention  program; and to repeal
   section 3004-a of the education law relating to the national board for
   professional teaching standards certification grant (Part A); to amend
   the business corporation law, the  partnership  law  and  the  limited
   liability  company  law,  in  relation to certified public accountants
   (Part B); 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 C); to amend the education  law,  in  relation  to
   extending  state  university  of  New York procurement flexibility and
   authorizing the state university of New York to purchase services from
   a consortium; and to amend part D of chapter 58 of the  laws  of  2011
   amending  the  education law relating to capital facilities in support
   of the state university and community colleges,  procurement  and  the
   state university health care facilities, in relation to the effective-
   ness  thereof  (Part  D);  to  amend the education law, in relation to
   predictable tuition allowing annual tuition increase for SUNY and CUNY
   schools; and to amend chapter 260 of the laws of  2011,  amending  the
   education law and the New York state urban development corporation act
   relating  to  establishing  components  of  the NY-SUNY 2020 challenge
   grant program, in relation to  the  effectiveness  thereof  (Part  E);
   extending  scholarship  program  eligibility  for  certain  recipients
   affected by the COVID-19 pandemic (Part F);  to  amend  the  education
   law,  in relation to establishing the amount awarded for the excelsior
   scholarship (Part G); to amend  the  executive  law,  in  relation  to
   facilities operated and maintained by the office of children and fami-
   ly  services  and to authorize the closure of certain facilities oper-
   ated by such office; and to repeal  certain  provisions  of  such  law
   relating  thereto  (Part H); 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 making
   such provisions permanent (Part I); to amend part G of chapter  57  of

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   the  laws  of 2013, amending the executive law and the social services
   law relating to consolidating the youth  development  and  delinquency
   prevention  program and the special delinquency prevention program, in
   relation to making such provisions permanent (Part J); to amend part K
   of  chapter 57 of the laws of 2012, amending the education law, relat-
   ing to authorizing the board of cooperative  educational  services  to
   enter  into  contracts  with  the  commissioner of children and family
   services to provide certain services, in relation to the effectiveness
   thereof (Part K); to amend the social  services  law  and  the  family
   court  act,  in  relation  to compliance with the Federal Family First
   Prevention Services Act (Part L); to amend the social services law, in
   relation  to  differential  response  programs  for  child  protection
   assessments or investigations (Part M); to amend the judiciary law, in
   relation  to  authorizing  the  chief  administrator  of the courts to
   establish veterans treatment courts; and to amend the criminal  proce-
   dure  law,  in  relation to the removal of certain actions to veterans
   treatment courts (Part N); to utilize reserves in the mortgage  insur-
   ance  fund  for various housing purposes (Part O); 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 P);
   to  amend  the  state  finance  law,  in relation to authorizing a tax
   check-off for gifts to food banks (Part Q);  to  amend  the  executive
   law, in relation to expanding the scope of the application of subdivi-
   sion  4 of section 296 of such law to private educational institutions
   (Part R); to amend the  executive  law,  in  relation  to  prohibiting
   discrimination based on citizenship or immigration status (Part S); to
   amend  the  labor  law, in relation to unemployment (Part T); to amend
   the private housing finance law,  in  relation  to  exempting  certain
   projects  from sales and compensating use taxes (Part U); to amend the
   social services law and the abandoned property law, in relation to the
   transfer of unclaimed support collections and  unidentified  payments;
   to  amend  the  family  court  act  and the domestic relations law, in
   relation to making conforming changes; to repeal certain provisions of
   social services law relating thereto; and to repeal paragraph  (c)  of
   subdivision  1  of section 600 and subdivision 3 of section 602 of the
   abandoned property law, relating to moneys paid to a support bureau of
   a family court (Part V); to allow employees to take paid time leave to
   obtain the COVID-19 vaccination (Part W); to amend the public authori-
   ties law, in relation to granting the state of New York mortgage agen-
   cy authority to purchase mortgage loans from a broader pool of non-de-
   pository lenders, to purchase mortgages secured  by  new  construction
   loans, and modify its mortgages to assist financially distressed home-
   owners  (Part  X); in relation to providing for the suspension of fees
   relating to the late payment of rent; and to  permit  tenants  to  use
   their security deposits as rent payments (Part Y); to amend the social
   services  law,  in  relation  to making child care more affordable for
   low-income families (Subpart A); and to amend the social services law,
   in relation to  easing administrative burdens on child  care  programs
   and  providers  (Subpart  B)  (Part  Z);  relating  to prevailing wage
   requirements (Part AA); to amend the state finance law, in relation to
   establishing the emergency rental assistance  local  government  allo-
   cation  fund  (Part  BB);  and  to amend the labor law, in relation to
   prohibiting the inclusion of claims for unemployment insurance arising
   from the closure of an employer due to COVID-19 from being included in
   such employer's experience rating charges; and to amend chapter 21  of
   the  laws  of 2021, amending the labor law relating to prohibiting the

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   inclusion of  claims  for  unemployment  insurance  arising  from  the
   closure  of  an  employer  due to COVID-19 from being included in such
   employer's experience rating charges, in relation to the effectiveness
   thereof (Part CC)
 
   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 2021-2022 state fiscal year. Each component is
 wholly contained within a Part identified as Parts  A  through  CC.  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
 2020, 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

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 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
 in the district are identified as  in  good  standing,  shall  submit  a

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 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. For purposes  of  this  paragraph,  the
 "gap  elimination  adjustment percentage" shall be calculated as the sum
 of one minus the quotient of the sum of the school  district's  net  gap
 elimination   adjustment  for  two  thousand  ten--two  thousand  eleven
 computed pursuant to chapter fifty-three of the  laws  of  two  thousand
 ten,  making  appropriations  for  the  support  of government, plus the
 school district's gap elimination adjustment for two  thousand  eleven--
 two  thousand  twelve as computed pursuant to chapter fifty-three of the
 laws of two thousand eleven, making appropriations for  the  support  of
 the  local  assistance budget, including support for general support for
 public schools, divided by the total aid for adjustment computed  pursu-
 ant  to  chapter  fifty-three of the laws of two thousand 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  activ-
 ities 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. Section 701 of the education law, as amended by  chapter  587  of
 the  laws  of  1973, subdivision 2 as amended by section 1 of part A1 of
 chapter 58 of the laws of 2011, subdivision 3 as amended by chapter  391
 of  the laws of 1989, subdivision 4 as amended by chapter 82 of the laws
 of 1995, subdivision 6 as amended by section 6 of part B of  chapter  57
 of  the laws of 2007, subdivision 7 as amended by section 2 of part A of
 chapter 436 of the laws of 1997, and subdivision 8 as added  by  chapter
 635 of the laws of 1984, is amended to read as follows:
   § 701. Power to designate text-books; purchase and loan of text-books;
 purchase  of  supplies. 1. In the several cities and school districts of
 the state, boards of education, trustees or  such  body  or  officer  as
 perform  the  functions of such boards, shall designate text-books to be
 used in the schools under their charge.

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   2. A text-book, for the purposes of this section shall mean:  (i)  any
 book,  or  a book substitute, which shall include hard covered or paper-
 back books, work books, or manuals and (ii) for expenses incurred  after
 July  first,  nineteen  hundred  ninety-nine,  any  courseware  or other
 content-based  instructional  materials in an electronic format, as such
 terms are defined in the regulations of the commissioner, which a  pupil
 is  required  to  use  as  a text, or a text-substitute, in a particular
 class or program in the school he or she legally attends.  For  expenses
 incurred  on  or  after July first, two thousand eleven, AND BEFORE JULY
 FIRST, TWO THOUSAND TWENTY, a text-book shall also mean items of expend-
 iture that are eligible for an apportionment pursuant to sections  seven
 hundred eleven, seven hundred fifty-one and/or seven hundred fifty-three
 of this title, where such items are designated by the school district as
 eligible  for  aid  pursuant to this section, provided, however, that if
 aided pursuant to this section,  such  expenses  shall  not  be  aidable
 pursuant  to  any  other section of law.  Expenditures aided pursuant to
 this section shall not be eligible for aid pursuant to any other section
 of law. Courseware or other content-based instructional materials in  an
 electronic  format  included  in  the definition of textbook pursuant to
 this subdivision shall be subject to the same limitations on content  as
 apply to books or book substitutes aided pursuant to this section.
   3.  In the several cities and school districts of the state, boards of
 education, trustees or such body or officers as perform the function  of
 such  boards  shall have the power and duty to purchase and to loan upon
 individual request, textbooks, to all children residing in such district
 who are enrolled in a public school  including  children  attending  the
 public  schools  of  the  district  for whom the district is eligible to
 receive reimbursement pursuant to [paragraph a of] subdivision eight  of
 section  thirty-two hundred two of this chapter, provided, however, that
 such children shall not be counted by any other school district, and  to
 all  children  residing in such district who are enrolled in a nonpublic
 school. Textbooks loaned to children enrolled in said nonpublic  schools
 shall be textbooks which are designated for use in any public schools of
 the  state or are approved by any boards of education, trustees or other
 school authorities. Such textbooks are to be loaned free to  such  chil-
 dren  subject  to such rules and regulations as are or may be prescribed
 by the board of regents and such boards of education, trustees or  other
 school authorities. Enrollment shall be as defined in subdivision one of
 section thirty-six hundred two of this chapter.
   4.  No  school  district  shall  be  required to purchase or otherwise
 acquire textbooks, the cost of which shall exceed an amount equal to the
 [apportionment] TEXTBOOK FACTOR pursuant  to  subdivision  six  of  this
 section  plus a minimum lottery grant determined pursuant to subdivision
 four of section ninety-two-c of the state finance law multiplied by  the
 [number  of  children  residing  in such district and so enrolled in the
 base year] SUM OF THE ENROLLMENTS IN GRADES KINDERGARTEN THROUGH  TWELVE
 IN THE BASE YEAR CALCULATED PURSUANT TO SUBPARAGRAPHS FOUR, FIVE AND SIX
 OF  PARAGRAPH  N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS CHAPTER; and no school district shall be required to loan textbooks
 in excess of the textbooks owned or acquired by such district; provided,
 however that all textbooks owned or acquired by such district  shall  be
 loaned  to  children  residing in the district and so enrolled in public
 and nonpublic schools on an equitable basis.
   5. In the several cities and school districts of the state, boards  of
 education,  trustees  or  other school authorities may purchase supplies
 and either rent, sell or loan the  same  to  the  pupils  attending  the

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 public  schools  in such cities and school districts upon such terms and
 under such rules and regulations as may be prescribed by such boards  of
 education, trustees or other school authorities.
   6. The commissioner, in addition to the annual apportionment of public
 monies  pursuant  to other articles of this chapter, IN THE TWO THOUSAND
 TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR,  shall  apportion
 to  each  school  district  an amount equal to the cost of the textbooks
 purchased and loaned by the district pursuant to  this  section  in  the
 base  year,  but  in  no  case shall the aid apportioned to the district
 exceed the product of the textbook factor plus a minimum lottery  grant,
 determined  pursuant  to subdivision four of section ninety-two-c of the
 state finance law, and the sum of the enrollments in grades kindergarten
 through twelve in the base year  calculated  pursuant  to  subparagraphs
 four,  five,  and six of paragraph n of subdivision one of section thir-
 ty-six hundred two of this chapter. Aid payable pursuant to this section
 shall be deemed final and not subject to change after April thirtieth of
 the school year for which payment was due.
   For aid payable in the two thousand seven--two thousand  eight  school
 year  [and  thereafter]  THROUGH  THE  TWO THOUSAND TWENTY--TWO THOUSAND
 TWENTY-ONE SCHOOL YEAR, the  textbook  factor  shall  equal  forty-three
 dollars and twenty-five cents.  FOR PURPOSES OF DETERMINING LOANS PURSU-
 ANT  TO  SUBDIVISIONS THREE AND FOUR OF THIS SECTION IN THE TWO THOUSAND
 TWENTY-ONE--TWO THOUSAND TWENTY-TWO  SCHOOL  YEAR  AND  THEREAFTER,  THE
 TEXTBOOK FACTOR SHALL EQUAL FIFTY-EIGHT DOLLARS AND TWENTY-FIVE CENTS.
   7.  The  apportionment  provided for in this section shall be paid, at
 such times as may be determined by the commissioner and approved by  the
 director of the budget, during the school year in which the expenditures
 are  reported  to  the  department prior to such apportionment, PROVIDED
 THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE  SCHOOL  YEAR,
 SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL
 DISTRICT  AS  "2020-21  TEXTBOOK AID" IN THE SCHOOL AID COMPUTER LISTING
 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET  REQUEST
 FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Expenditures by a
 school  district  in excess of the product of the textbook factor plus a
 minimum lottery grant determined pursuant to subdivision four of section
 ninety-two-c of the state finance law and the sum of the enrollments  in
 grades  kindergarten through twelve in the base year calculated pursuant
 to subparagraphs four, five, and six of paragraph n of  subdivision  one
 of  section  thirty-six  hundred  two of this chapter in any school year
 shall be deemed approved operating  expense  of  the  district  for  the
 purpose  of  computation  of  state  aid  pursuant to section thirty-six
 hundred two of this chapter, but expenditures up to such  product  shall
 not be deemed approved operating expenses for such purpose.
   8. In its discretion, a board of education may adopt regulations spec-
 ifying the date by which requests for the purchase and loan of textbooks
 must  be received by the district. Notice of such date shall be given to
 all non-public schools. Such date shall not be earlier  than  the  first
 day  of  June  of the school year prior to that for which such textbooks
 are being requested, provided, however, that a parent or guardian  of  a
 child  not  attending a particular non-public school prior to June first
 of the school year may submit a written  request  for  textbooks  within
 thirty  days  after such child is enrolled in such non-public school. In
 no event however shall a request made later  than  the  times  otherwise
 provided  pursuant  to  this  subdivision  be  denied where a reasonable
 explanation is given for the delay in making the request.

 S. 2506--A                          9                         A. 3006--A
 
   § 3. Subdivision 4 of section 711 of the education law, as amended  by
 section  4  of  part  C of chapter 58 of the laws of 1998, is amended to
 read as follows:
   4.  Commencing  July first, nineteen hundred ninety eight THROUGH JUNE
 THIRTIETH, TWO THOUSAND TWENTY-ONE, the commissioner, in addition to the
 annual apportionment of public monies pursuant to other articles of this
 chapter, shall apportion to each school district an amount equal to  the
 cost  of the school library materials purchased by the district pursuant
 to this section in the base year, but in no case shall  the  aid  appor-
 tioned  to  the  district  exceed  the  product of the library materials
 factor and the sum  of  public  school  district  enrollment,  nonpublic
 school  enrollment,  and  additional  public  enrollment  as  defined in
 subparagraphs two, three, and six of paragraph n of subdivision  one  of
 section thirty-six hundred two of this chapter.  Aid payable pursuant to
 this section shall be deemed final and not subject to change after April
 thirtieth  of  the  school year for which payment was due, PROVIDED THAT
 FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL  YEAR,  SUCH
 APPORTIONMENT  SHALL  NOT  EXCEED  THE  AMOUNT SET FORTH FOR EACH SCHOOL
 DISTRICT AS "2020-21 LIBRARY MATERIALS AID" IN THE SCHOOL  AID  COMPUTER
 LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
 REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2".
   § 4. Subdivision 2 of section 712 of the education law,  as  added  by
 chapter 53 of the laws of 1985, is amended to read as follows:
   2. No school district shall be required to loan school library materi-
 als  in  excess of the school library materials owned [or], acquired, OR
 DESIGNATED by such district pursuant to section seven hundred eleven  of
 this  article, PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE
 PRODUCT OF THE LIBRARY MATERIALS FACTOR AND THE  SUM  OF  PUBLIC  SCHOOL
 DISTRICT  ENROLLMENT, NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC
 ENROLLMENT AS DEFINED IN SUBPARAGRAPHS TWO, THREE AND SIX OF PARAGRAPH N
 OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR
 THE BASE YEAR. Such school library materials shall be loaned on an equi-
 table basis to children defined in subdivision three  of  section  seven
 hundred  eleven  of  this  article  attending  in  the current year. The
 payment of tuition under article eighty-nine of this chapter  is  deemed
 to be an equitable loan to children for whom such tuition is paid.
   §  5. Subdivision 4 of section 751 of the education law, as amended by
 section 3 of part H of chapter 83 of the laws of  2002,  is  amended  to
 read as follows:
   4. The commissioner, in addition to the annual apportionment of public
 monies  pursuant  to other articles of this chapter, IN THE TWO THOUSAND
 TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR,  shall  apportion
 to  each  school  district  an  amount equal to the cost of the software
 programs purchased by the district pursuant to this section in the  base
 year,  but  in  no case shall the aid apportioned to the district exceed
 the product of the software factor and the sum of public school district
 enrollment, nonpublic school enrollment, and additional  public  enroll-
 ment  as  defined in subparagraphs two, three, and six of paragraph n of
 subdivision one of section  thirty-six  hundred  two  of  this  chapter,
 PROVIDED  THAT  FOR  THE  TWO  THOUSAND  TWENTY--TWO THOUSAND TWENTY-ONE
 SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE  AMOUNT  SET  FORTH
 FOR  EACH  SCHOOL  DISTRICT  AS "2020-21 SOFTWARE AID" IN THE SCHOOL AID
 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECU-
 TIVE  BUDGET  REQUEST  FOR  THE  2021--2022  SCHOOL  YEAR  AND  ENTITLED
 "BT212-2".

 S. 2506--A                         10                         A. 3006--A
 
   For aid payable in the nineteen hundred ninety-seven--ninety-eight and
 nineteen hundred ninety-eight--ninety-nine school  years,  the  software
 factor  shall  equal four dollars and fifty-eight cents. For aid payable
 in the nineteen hundred ninety-nine--two thousand school year, the soft-
 ware  factor  shall  equal  seven  dollars and fifty-five cents. For aid
 payable in the two thousand--two thousand one school year, the  software
 factor  shall  equal  fourteen  dollars  and ninety-eight cents. For aid
 payable in the two thousand one--two thousand two school year, the soft-
 ware factor shall equal twenty-three dollars and ninety cents.  For  aid
 payable  in  the  two  thousand  two--two thousand three school year and
 thereafter, the software factor shall equal fourteen dollars  and  nine-
 ty-eight  cents. The apportionment provided for in this section shall be
 paid at such times as may be determined by the commissioner and approved
 by the director of the budget. Aid  payable  pursuant  to  this  section
 shall be deemed final and not subject to change after April thirtieth of
 the school year for which payment was due.
   §  6. Subdivision 2 of section 752 of the education law, as amended by
 chapter 257 of the laws of 1984, is amended to read as follows:
   2. No school district shall be required to loan software  programs  in
 excess  of  the software programs owned [or], acquired, OR DESIGNATED by
 such district pursuant to section seven hundred fifty-one of this  arti-
 cle PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE PRODUCT OF
 THE  SOFTWARE  FACTOR  AND THE SUM OF PUBLIC SCHOOL DISTRICT ENROLLMENT,
 NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC ENROLLMENT AS DEFINED
 IN SUBPARAGRAPHS TWO, THREE AND SIX OF PARAGRAPH N OF SUBDIVISION ONE OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR THE BASE  YEAR.  Such
 software  programs  shall  be  loaned  on an equitable basis to children
 defined in subdivision three of section seven hundred fifty-one of  this
 article  attending  in  the  current  year. The payment of tuition under
 article eighty-nine of this chapter is deemed to be an equitable loan to
 children for whom such tuition is paid.
   § 7. Section 753 of the education law, as added by section 7-a of part
 B of chapter 57 of the laws of 2007, subdivision 1 as amended by section
 4 of part A1 of chapter 58 of the laws of 2011, is amended  to  read  as
 follows:
   § 753. Instructional computer hardware and technology equipment appor-
 tionment.  1. In addition to any other apportionment under this chapter,
 a school district shall be  eligible  for  an  apportionment  under  the
 provisions  of  this  section  IN  THE TWO THOUSAND TWENTY--TWO THOUSAND
 TWENTY-ONE SCHOOL YEAR AND PRIOR  for  approved  expenses  for  (i)  the
 purchase  or  lease of micro and/or mini computer equipment or terminals
 for instructional purposes or (ii) technology equipment, as  defined  in
 paragraph  c  of subdivision two of this section, used for instructional
 purposes, or (iii) for the repair of such  equipment  and  training  and
 staff development for instructional purposes as provided hereinafter, or
 (iv)  for  expenses incurred on or after July first, two thousand eleven
 AND BEFORE JULY FIRST, TWO THOUSAND TWENTY,  any  items  of  expenditure
 that  are  eligible  for  an  apportionment  pursuant  to sections seven
 hundred one, seven hundred eleven and/or seven hundred fifty-one of this
 title, where such items are designated by the school district as  eligi-
 ble  for  aid pursuant to this section, provided, however, that if aided
 pursuant to this section, such expenses shall not be aidable pursuant to
 any other section of law, PROVIDED FURTHER THAT  FOR  THE  TWO  THOUSAND
 TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL YEAR, SUCH APPORTIONMENT SHALL
 NOT EXCEED THE AMOUNT SET FORTH FOR EACH  SCHOOL  DISTRICT  AS  "2020-21
 HARDWARE  &  TECHNOL AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY

 S. 2506--A                         11                         A. 3006--A
 
 THE COMMISSIONER IN SUPPORT OF THE  EXECUTIVE  BUDGET  REQUEST  FOR  THE
 2021--2022  SCHOOL  YEAR  AND  ENTITLED  "BT212-2".  Such  aid  shall be
 provided pursuant to a plan developed by the district which demonstrates
 to  the satisfaction of the commissioner that the instructional computer
 hardware needs of  the  district's  public  school  students  have  been
 adequately met and that the school district has provided for the loan of
 instructional  computer hardware to students legally attending nonpublic
 schools pursuant to section seven hundred fifty-four  of  this  article.
 The apportionment shall equal the lesser of such approved expense in the
 base  year or, the product of (i) the technology factor, (ii) the sum of
 the public school district enrollment and the nonpublic  school  enroll-
 ment in the base year as defined in subparagraphs two and three of para-
 graph  n  of  subdivision  one of section thirty-six hundred two of this
 chapter, and (iii) the building aid ratio,  as  defined  in  subdivision
 four  of section thirty-six hundred two of this chapter. For aid payable
 in the two thousand seven--two thousand eight school year and  thereaft-
 er, the technology factor shall be twenty-four dollars and twenty cents.
 A school district may use up to twenty percent of the product of (i) the
 technology factor, (ii) the sum of the public school district enrollment
 and  the  nonpublic  school  enrollment  in  the base year as defined in
 subparagraphs two and three of paragraph n of subdivision one of section
 thirty-six hundred two of this chapter, and (iii) the building aid ratio
 for the repair of instructional computer hardware and technology  equip-
 ment  and  training  and  staff  development  for instructional purposes
 pursuant to a plan submitted to the commissioner.
   2. As used in this article:
   a. "Current year" shall have the same meaning as that term is  defined
 in subdivision one of section thirty-six hundred two of this chapter;
   b.  "Base year" shall have the same meaning as that term is defined in
 subdivision one of section thirty-six hundred two of this article; and
   c. "Technology equipment", for the purposes  of  this  article,  shall
 mean equipment with a useful life used in conjunction with or in support
 of  educational programs including but not limited to video, solar ener-
 gy, robotic, satellite, laser and such other equipment  as  the  commis-
 sioner shall approve provided that expenses for the purchase or lease of
 such  equipment shall not be eligible for aid under any other provisions
 of this chapter.
   3. No school district shall  be  required  to  purchase  or  otherwise
 acquire  instructional  computer  hardware  or technology equipment, the
 cost of which exceeds, FOR THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWEN-
 TY-ONE  SCHOOL YEAR AND PRIOR, the amount of state aid provided pursuant
 to this section, AND FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
 TY-TWO SCHOOL YEAR AND THEREAFTER, THE PRODUCT  OF  (I)  THE  TECHNOLOGY
 FACTOR,  (II)  THE  SUM OF THE PUBLIC SCHOOL DISTRICT ENROLLMENT AND THE
 NONPUBLIC SCHOOL ENROLLMENT IN THE BASE YEAR AS DEFINED IN SUBPARAGRAPHS
 TWO AND THREE OF PARAGRAPH N OF SUBDIVISION ONE  OF  SECTION  THIRTY-SIX
 HUNDRED TWO OF THIS CHAPTER, AND (III) THE BUILDING AID RATIO.
   4.  The  apportionment  provided  for in this section shall be paid at
 such times as may be determined by the commissioner and approved by  the
 director of the budget, during the school year in which the expenditures
 are  reported  to  the  department  prior to such apportionment, but not
 earlier than the school year after the school year in which expenses are
 incurred.
   5. Expenses aided pursuant to this section shall not be  eligible  for
 aid pursuant to any other provision of this chapter.

 S. 2506--A                         12                         A. 3006--A
 
   §  8.  Paragraphs  a,  g and h of subdivision 5 of section 1950 of the
 education law, paragraph a as amended by section 4 and  paragraph  g  as
 amended  by  section  5 of part C of chapter 57 of the laws of 2004, and
 paragraph h as added by section 1 of part L of chapter 57 of the laws of
 2005, are amended to read as follows:
   a. Upon application by a board of cooperative educational services, IN
 THE  TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND PRIOR,
 there shall be apportioned and paid from state funds to  each  board  of
 cooperative educational services an amount which shall be the product of
 the  approved  cost  of  services actually incurred during the base year
 multiplied by the sharing ratio for cooperative educational services aid
 which shall equal the greater of: (i) an amount equal to one  minus  the
 quotient  expressed  as  a  decimal  to three places without rounding of
 eight mills divided by the tax rate of the local district computed  upon
 the  actual  valuation  of  taxable  property, as determined pursuant to
 subdivision one of section thirty-six hundred two of this  chapter  [and
 notwithstanding  section three thousand six hundred three], expressed in
 mills to the nearest tenth as determined by the commissioner,  provided,
 however,  that where services are provided to a school district which is
 included within a central high school district  or  to  a  central  high
 school  district,  such  amount  shall  equal  one  minus  the  quotient
 expressed as a decimal to three places without rounding of  three  mills
 divided  by  the  tax rates, expressed in mills to the nearest tenth, of
 such districts, as determined by the commissioner or (ii) the aid  ratio
 of each school district for the current year, which shall be such compo-
 nent  school  district's  board  of cooperative educational services aid
 ratio and which shall be not less than thirty-six percent  converted  to
 decimals  and  shall  be  not  more  than  ninety  percent  converted to
 decimals, PROVIDED THAT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND  TWEN-
 TY-ONE  SCHOOL  YEAR, SUCH APPORTIONMENT SHALL NOT EXCEED THE AMOUNT SET
 FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 BOCES AID" IN THE SCHOOL  AID
 COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
 TIVE  BUDGET  REQUEST  FOR  THE  2021--2022  SCHOOL  YEAR  AND  ENTITLED
 "BT212-2". For the purposes of this paragraph, the tax rate of the local
 district computed upon the actual valuation of taxable property shall be
 the  sum  of  the  amount  of tax raised by the school district plus any
 payments in lieu of taxes received by the school  district  pursuant  to
 section  four  hundred eighty-five of the real property tax law, divided
 by the actual valuation of the school district, provided,  however  that
 the  tax rate for a central high school district shall be the sum of the
 amount of tax raised by the  common  and  union  free  school  districts
 included  within the central high school district for the support of the
 central high school district plus any payments in lieu of taxes received
 for the support of the central high school district pursuant to  section
 four  hundred  eighty-five  of the real property tax law, divided by the
 actual valuation of the central high school district. The tax  rate  for
 each  common  or  union  free school district which is included within a
 central high school district shall be the sum of the amount  raised  for
 the  support  of  such  common  or  union  free school district plus any
 payments in lieu of  taxes  received  for  the  support  of  the  school
 district  pursuant to section four hundred eighty-five of the real prop-
 erty tax law, exclusive of the amount raised for the central high school
 district, divided by the actual valuation of such common or  union  free
 school district.
   g. Any payment required by a board of cooperative educational services
 to the dormitory authority or any payment required by a board of cooper-

 S. 2506--A                         13                         A. 3006--A
 
 ative  educational services to acquire or construct a school facility of
 the board of cooperative educational  services,  and  any  payments  for
 rental  of  facilities  by  a  board of cooperative educational services
 shall,  for  the purposes of apportionment of public moneys to the board
 of cooperative educational services by the state of New York, be  deemed
 to be an administrative or capital expense, as designated by the commis-
 sioner,  but  the  entire  amount  of  such payment shall be utilized in
 making such apportionment and the limitation of ten percent of the total
 expenses contained in this subdivision  shall  not  be  applicable.  Any
 expense  designated  by  the  commissioner as a capital expense shall be
 included in the capital budget of the board of  cooperative  educational
 services  and,  except as otherwise provided in this paragraph, shall be
 aided in the same manner as an administrative expense, PROVIDED,  HOWEV-
 ER, THAT SUCH AID SHALL NOT BE PROVIDED COMMENCING WITH THE TWO THOUSAND
 TWENTY-ONE--TWO  THOUSAND TWENTY-TWO SCHOOL YEAR. Any such payment shall
 not be considered part of the total expenses of the board  for  purposes
 of  determining  the  administrative and clerical expenses not to exceed
 ten percent otherwise eligible for aid under this subdivision, and  such
 payments shall be considered for the purpose of apportionment during the
 current  school  year  such  payment is made. The apportionment for such
 payments shall be determined by multiplying the amount of  such  payment
 allocated  to each component school district in the board of cooperative
 educational services by the aid ratio, and shall be not more than ninety
 percent converted to decimals, of each such component computed  pursuant
 to  subdivision  three of section thirty-six hundred two OF THIS CHAPTER
 and used to apportion aid to that district in that current school  year;
 provided,  however, the apportionment for the construction, acquisition,
 reconstruction, rehabilitation, or improvement of board  of  cooperative
 educational  services  facilities,  including  payments to the dormitory
 authority and payments under any lease agreement, shall  be  based  upon
 the cost of the board of cooperative educational services school facili-
 ties  but  not to exceed the cost allowance set forth in subdivision six
 of section thirty-six hundred two of [the education  law]  THIS  CHAPTER
 and  payments  for rental facilities shall be subject to the approval of
 the commissioner.
   h. Each board of cooperative educational services receiving a  payment
 pursuant  to  paragraph  a  of  this  subdivision and section thirty-six
 hundred nine-d of this chapter, IN THE TWO THOUSAND TWENTY--TWO THOUSAND
 TWENTY-ONE SCHOOL YEAR AND PRIOR, shall be required to  set  aside  from
 such  payment  an  amount not less than the amount of state aid received
 pursuant to paragraph a of this subdivision in the base  year  that  was
 attributable  to  cooperative  services  agreements (CO-SERs) for career
 education, as determined by the commissioner, and shall be  required  to
 use  such  amount  to  support  career education programs in the current
 year.
   § 9.  Subdivision 1 of section 3602 of the education law is amended by
 adding a new paragraph kk to read as follows:
   KK. THE "FEDERAL COVID-19 SUPPLEMENTAL STIMULUS" SHALL BE EQUAL TO THE
 SUM OF (1) NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY
 SCHOOL EMERGENCY RELIEF MADE AVAILABLE TO SCHOOL DISTRICTS  PURSUANT  TO
 THE  CORONAVIRUS  RESPONSE  AND  RELIEF SUPPLEMENTAL APPROPRIATIONS ACT,
 2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF  FUNDS  PROVIDED
 UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 PLUS
 (2)  THE  BASE  FEDERAL  ALLOCATION.    FOR ELIGIBLE DISTRICTS, THE BASE
 FEDERAL ALLOCATION SHALL BE EQUAL TO THE PRODUCT OF NINE HUNDRED  FIFTY-
 TWO  DOLLARS  AND  FIFTEEN  CENTS  ($952.15)  AND PUBLIC SCHOOL DISTRICT

 S. 2506--A                         14                         A. 3006--A
 
 ENROLLMENT IN THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF  THIS
 SUBDIVISION  LESS  NINETY  PERCENT  OF THE FUNDS FROM THE ELEMENTARY AND
 SECONDARY SCHOOL EMERGENCY RELIEF MADE  AVAILABLE  TO  SCHOOL  DISTRICTS
 PURSUANT  TO  THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRI-
 ATIONS ACT, 2021 IN THE SAME PROPORTION  AS  SUCH  DISTRICT'S  SHARE  OF
 FUNDS  PROVIDED  UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION
 ACT OF 1965, BUT NOT LESS THAN ZERO.   DISTRICTS SHALL BE  ELIGIBLE  FOR
 THE  BASE  FEDERAL  ALLOCATION  IF  THEIR  COMBINED WEALTH RATIO FOR THE
 CURRENT YEAR COMPUTED PURSUANT TO SUBPARAGRAPH ONE  OF  PARAGRAPH  C  OF
 SUBDIVISION THREE OF THIS SECTION IS LESS THAN ONE AND FIVE TENTHS (1.5)
 AND THE DISTRICT IS NOT A CENTRAL HIGH SCHOOL DISTRICT.
   §  10.  Paragraph  h of subdivision 4 of section 3602 of the education
 law, as added by section 14-a of part A of chapter 56  of  the  laws  of
 2020, is amended to read as follows:
   h.  Foundation  aid  payable  in the two thousand twenty--two thousand
 twenty-one THROUGH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWENTY-TWO
 school [year] YEARS. Notwithstanding any provision of law to the contra-
 ry,  foundation  aid  payable  in  the two thousand twenty--two thousand
 twenty-one THROUGH  TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO
 school  [year] YEARS shall equal the apportionment for foundation aid in
 the base year.
   § 11. Subdivision 10 of section 3602 of the education law, as added by
 chapter 57 of the laws of 1993 and renumbered by section 16 of part B of
 chapter 57 of the laws of 2007, the subdivision heading and paragraphs a
 and c as amended by section 32 of part H of chapter 83 of  the  laws  of
 2002,  paragraph  b  as amended by section 16 of part B of chapter 57 of
 the laws of 2007, paragraph d as added by section 17 of part B of  chap-
 ter  57  of the laws of 2008, and paragraph e as added by chapter 357 of
 the laws of 2018, is amended to read as follows:
   10. Special services aid for large city  school  districts  and  other
 school  districts  which  were  not components of a board of cooperative
 educational services in the base year. a.  [The]  IN  THE  TWO  THOUSAND
 TWENTY--TWO  THOUSAND  TWENTY-ONE SCHOOL YEAR AND PRIOR, THE city school
 districts of those cities having populations in excess  of  one  hundred
 twenty-five  thousand  and  any  other  school  district which was not a
 component of a board of cooperative educational  services  in  the  base
 year  shall be entitled to an apportionment under the provisions of this
 section.
   b. Aid for career education. There shall be apportioned to  such  city
 school districts and other school districts which were not components of
 a  board of cooperative educational services in the base year for pupils
 in grades ten through twelve in attendance in career education  programs
 as  such  programs  are  defined  by  the  commissioner, subject for the
 purposes of this paragraph to the approval of the director of the  budg-
 et,  an  amount  for  each  such pupil to be computed by multiplying the
 career education aid ratio  by  three  thousand  nine  hundred  dollars,
 PROVIDED THAT SUCH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY--TWO THOU-
 SAND  TWENTY-ONE  SCHOOL  YEAR SHALL NOT EXCEED THE AMOUNT SET FORTH FOR
 EACH SCHOOL DISTRICT AS "2020-21 CAREER EDUCATION AID" UNDER THE HEADING
 "CAREER EDUCATION AID" IN THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY
 THE  COMMISSIONER  IN  SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST FOR THE
 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2". Such aid will be  payable
 for  weighted pupils attending career education programs operated by the
 school district and for weighted pupils for whom  such  school  district
 contracts  with  boards  of  cooperative  educational services to attend
 career education programs operated by a board of cooperative educational

 S. 2506--A                         15                         A. 3006--A
 
 services. Weighted pupils for the purposes of this paragraph shall  mean
 the  sum  of  the attendance of students in grades ten through twelve in
 career education sequences in trade, industrial, technical, agricultural
 or  health programs plus the product of sixteen hundredths multiplied by
 the attendance of students in grades ten through twelve in career educa-
 tion sequences in business and marketing as defined by the  commissioner
 in  regulations.  The  career  education  aid ratio shall be computed by
 subtracting from one the  product  obtained  by  multiplying  fifty-nine
 percent  by the combined wealth ratio. This aid ratio shall be expressed
 as a decimal carried to three places without rounding, but not less than
 thirty-six percent.
   Any school district that receives aid pursuant to this paragraph shall
 be required to use such amount to support career education  programs  in
 the current year.
   A board of education which spends less than its local funds as defined
 by regulations of the commissioner for career education in the base year
 during the current year shall have its apportionment under this subdivi-
 sion  reduced  in an amount equal to such deficiency in the current or a
 succeeding school year, provided however that the commissioner may waive
 such reduction upon determination that overall expenditures per pupil in
 support of career education programs were continued at a level equal  to
 or  greater than the level of such overall expenditures per pupil in the
 preceding school year.
   c. Computer administration aid for large city school districts and any
 other school district which was not a component of a  board  of  cooper-
 ative  educational  services in the base year. The city school districts
 of those cities having populations in excess of one hundred  twenty-five
 thousand  inhabitants  and  any  other  school  district which was not a
 component of a board of cooperative educational  services  in  the  base
 year  shall  be  eligible  for  an  apportionment in accordance with the
 provisions of this subdivision, PROVIDED THAT  SUCH  APPORTIONMENTS  FOR
 THE  TWO  THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL NOT
 EXCEED THE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "2020-21 COMPUT-
 ER ADMIN AID" UNDER THE HEADING "COMPUTER ADMINISTRATION" IN THE  SCHOOL
 AID  COMPUTER  LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE
 EXECUTIVE BUDGET REQUEST FOR THE 2021--2022  SCHOOL  YEAR  AND  ENTITLED
 "BT212-2".  Such districts shall be entitled to an additional apportion-
 ment computed by multiplying the lesser of  (1)  expenses  for  approved
 computer  services in the base year or (2) the maximum allowable expense
 equal to the product of sixty-two  dollars  and  thirty  cents  and  the
 enrollment  of  pupils  attending the public schools of such district in
 the base year, by  the  computer  expenses  aid  ratio.    The  computer
 expenses aid ratio shall be computed by subtracting from one the product
 obtained  by  multiplying  fifty-one  per  centum by the combined wealth
 ratio. This aid ratio shall be expressed as a decimal carried  to  three
 places  without  rounding, but shall not be less than thirty per centum.
 Expenses for approved computer services in the base year up to the maxi-
 mum allowable expense shall not be used to claim  aid  pursuant  to  any
 other provisions of this section.
   d.  Aid  for  academic improvement. There shall be apportioned to such
 city school districts and other school districts which were  not  compo-
 nents  of  a board of cooperative educational services in the base year,
 an amount per pupil for each pupil eligible for aid  pursuant  to  para-
 graph  b  of  this  subdivision to be computed by multiplying the career
 education aid ratio computed pursuant to such paragraph b of this subdi-
 vision by the sum of (1) one hundred dollars plus (2)  the  quotient  of

 S. 2506--A                         16                         A. 3006--A
 
 one thousand dollars divided by the lesser of one or the combined wealth
 ratio,  PROVIDED  THAT SUCH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY--
 TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL  NOT  EXCEED  THE  AMOUNT  SET
 FORTH  FOR  EACH SCHOOL DISTRICT AS "2020-21 ACADEMIC IMPRVMT AID" UNDER
 THE HEADING "ACADEMIC IMPROVEMENT AID" IN THE SCHOOL AID COMPUTER  LIST-
 ING  PRODUCED  BY  THE  COMMISSIONER  IN SUPPORT OF THE EXECUTIVE BUDGET
 REQUEST FOR THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2".  Aid  for
 academic  improvement  shall  be  unrestricted  general aid available to
 support any academic programs of the school district.
   [e. Career education data collection. Beginning in  the  two  thousand
 seventeen--two  thousand  eighteen  school  year  the commissioner shall
 collect data from school districts receiving aid under this  subdivision
 on  the  number  of students in the base year that are in grade nine and
 enrolled in career  education  courses  in  trade/industrial  education,
 technical  education,  agricultural education, health occupations educa-
 tion, business and marketing  education,  family  and  consumer  science
 education,  and  technology education programs in a manner prescribed by
 the commissioner.]
   § 12. Section 3602 of the education law is amended  by  adding  a  new
 subdivision 21 to read as follows:
   21.  SERVICES  AID.  A.  FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
 TWENTY-TWO SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL  BE  ENTITLED  TO  AN
 APPORTIONMENT  FOR  SERVICES  AID  EQUAL  TO  THE  DIFFERENCE OF (1) THE
 AMOUNTS SET FORTH FOR EACH  SCHOOL  DISTRICT  AS  "2021-22  BOCES  AID",
 "2021-22 TEXTBOOK AID", "2021-22 SOFTWARE AID", "2021-22 LIBRARY MATERI-
 ALS  AID",  "2021-22  HARDWARE & TECHNOL AID", "2020-21 SUPPLEMENTAL PUB
 EXCESS COST", "2021-22 TRANSPORTATION AID", "2021-22 PAYABLE SUMM  TRANS
 AID",  "2021-22  CAREER  EDUCATION AID", "2021-22 ACADEMIC IMPRVMT AID",
 "2021-22 COMPUTER ADMIN AID", "2020-21 ACADEMIC  ENHANCEMENT",  "2020-21
 HIGH  TAX AID" AND "2021-22 TRANSITIONAL AID" IN THE SCHOOL AID COMPUTER
 LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET
 REQUEST  FOR  THE 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2" LESS (2)
 THE SERVICES AID REDUCTION.
   B. THE SERVICES AID REDUCTION SHALL BE EQUAL TO THE LESSER OF (1)  THE
 POSITIVE  DIFFERENCE  OF  THE  FEDERAL COVID-19 SUPPLEMENTAL STIMULUS AS
 COMPUTED PURSUANT TO PARAGRAPH KK OF SUBDIVISION  ONE  OF  THIS  SECTION
 LESS  THE  LOCAL DISTRICT FUNDING ADJUSTMENT PURSUANT TO SUBDIVISION ONE
 OF SECTION THIRTY-SIX HUNDRED NINE-I OF THIS PART OR (2) THE PRODUCT  OF
 PUBLIC  SCHOOL DISTRICT ENROLLMENT IN THE BASE YEAR AS COMPUTED PURSUANT
 TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (I)  SIX
 HUNDRED THREE DOLLARS AND TWO CENTS ($603.02) FOR A CITY SCHOOL DISTRICT
 IN  A  CITY  HAVING A POPULATION OF ONE MILLION OR MORE, OR (II) FOR ALL
 OTHER DISTRICTS, THE PRODUCT  OF  ONE  HUNDRED  FORTY-FIVE  DOLLARS  AND
 EIGHTY  CENTS  ($145.80)  AND  THE  POSITIVE  VALUE, IF ANY, COMPUTED BY
 SUBTRACTING FROM ONE AND  THIRTY-SEVEN  HUNDREDTHS  (1.37)  THE  PRODUCT
 OBTAINED  BY  MULTIPLYING THE COMBINED WEALTH RATIO FOR THE CURRENT YEAR
 COMPUTED PURSUANT TO SUBPARAGRAPH ONE  OF  PARAGRAPH  C  OF  SUBDIVISION
 THREE  OF  THIS SECTION BY SIXTY-FOUR HUNDREDTHS (0.64) AS SET FORTH FOR
 EACH SCHOOL DISTRICT AS "2021-22 SERVICES AID REDUCT" IN THE SCHOOL  AID
 COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
 TIVE  BUDGET  REQUEST  FOR  THE  2021--2022  SCHOOL  YEAR  AND  ENTITLED
 "BT212-2".
   C.  FOR  THE TWO-THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
 YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPOR-
 TIONMENT FOR SERVICES AID EQUAL TO THE DIFFERENCE OF  (1)  SERVICES  AID
 FOR  THE  TWO-THOUSAND  TWENTY-ONE--TWO  THOUSAND TWENTY-TWO SCHOOL YEAR

 S. 2506--A                         17                         A. 3006--A
 
 LESS (2) FOR EACH CITY SCHOOL DISTRICT WITH A POPULATION  OF  MORE  THAN
 ONE  HUNDRED  TWENTY-FIVE THOUSAND INHABITANTS BUT LESS THAN ONE MILLION
 INHABITANTS, THE POSITIVE VALUE  OF  THE  AMOUNT  SET  FORTH  AS  "LOCAL
 DISTRICT  FUNDING  ADJ."  IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY
 THE COMMISSIONER IN SUPPORT OF THE  EXECUTIVE  BUDGET  REQUEST  FOR  THE
 2021--2022 SCHOOL YEAR AND ENTITLED "BT212-2".
   §  12-a.  Subdivision 8 of section 3641 of the education law, as added
 by section 38 of part B of chapter 57 of the laws of 2007,  paragraph  b
 as amended by section 29 of part B of chapter 57 of the laws of 2008, is
 amended to read as follows:
   8.  Supplemental  educational  improvement  grants.  a. In addition to
 apportionments otherwise provided by section thirty-six hundred  two  of
 this  article,  for  aid payable in the two thousand seven--two thousand
 eight school year [and thereafter] THROUGH THE TWO THOUSAND  TWENTY--TWO
 THOUSAND TWENTY-ONE SCHOOL YEAR, the amounts specified in paragraph b of
 this  subdivision  shall be paid for the purpose of providing additional
 funding for the costs of educational improvement  plans  required  as  a
 result  of  a court-ordered settlement in a school desegregation case to
 which the state was a party. Grant funds awarded pursuant to this subdi-
 vision shall be used exclusively for services and expenses  incurred  by
 the school district to implement such educational improvement plans.
   b.  To  the Yonkers city school district there shall be paid seventeen
 million five hundred thousand dollars ($17,500,000) on an  annual  basis
 THROUGH  THE  TWO  THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR.
 Such grant shall be payable from funds appropriated for such purpose and
 shall be apportioned to the Yonkers city school district  in  accordance
 with  the  payment  schedules  contained  in  section thirty-six hundred
 nine-a of this article, notwithstanding any  provision  of  law  to  the
 contrary.
   §  13.  The opening paragraph of subdivision 41 of section 3602 of the
 education law, as amended by section 20 of part B of chapter 57  of  the
 laws of 2008, is amended to read as follows:
   Transitional  aid  for  charter  school payments.   In addition to any
 other apportionment under this section, for the two thousand  seven--two
 thousand  eight  school  year  [and thereafter] THROUGH THE TWO THOUSAND
 TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR,  a  school  district  other
 than a city school district in a city having a population of one million
 or more shall be eligible for an apportionment in an amount equal to the
 sum  of  THE  FOLLOWING,  PROVIDED  THAT SUCH APPORTIONMENTS FOR THE TWO
 THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL BE  EQUAL  TO
 THE  AMOUNT  SET FORTH FOR EACH SCHOOL DISTRICT AS "2021-22 TRANSITIONAL
 AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER  IN
 SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST FOR THE 2021--2022 SCHOOL YEAR
 AND ENTITLED "BT212-2".
   § 14. Subdivision 4 of section 3602 of the education law is amended by
 adding a new paragraph c-1 to read as follows:
   C-1. FOR THE PURPOSES OF  THIS  CHAPTER,  "BOCES  PAYMENT  ADJUSTMENT"
 SHALL  MEAN  THE  TOTAL  AMOUNT  SET  FORTH  FOR SUCH SCHOOL DISTRICT AS
 "2021-22 BOCES AID" IN THE DATA FILE PRODUCED  BY  THE  COMMISSIONER  IN
 SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-ONE-
 -TWO  THOUSAND  TWENTY-TWO  SCHOOL YEAR AND ENTITLED "BT212-2". NOTWITH-
 STANDING ANY PROVISION OF LAW TO THE  CONTRARY,  FOR  THE  TWO  THOUSAND
 TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO SCHOOL YEAR AND THEREAFTER, OF THE
 TOTAL APPORTIONMENT PURSUANT TO THIS SUBDIVISION, AN AMOUNT EQUAL TO THE
 BOCES PAYMENT ADJUSTMENT SHALL BE PAID PURSUANT  TO  SECTION  THIRTY-SIX
 HUNDRED NINE-D OF THIS PART.

 S. 2506--A                         18                         A. 3006--A
 
   § 15. The opening paragraph of section 3609-d of the education law, as
 amended  by  section  20 of part L of chapter 57 of the laws of 2005, is
 amended to read as follows:
   Notwithstanding the provisions of section thirty-six hundred nine-a of
 this  [article] PART, FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND TWENTY-
 ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, apportionments payable  pursu-
 ant  to  section  nineteen  hundred  fifty of this chapter shall be paid
 pursuant to this section. For aid payable in the two thousand  four--two
 thousand  five school year [and thereafter] THROUGH TWO THOUSAND TWENTY-
 -TWO THOUSAND TWENTY-ONE SCHOOL YEAR, "moneys  apportioned"  shall  mean
 the lesser of (i) 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 produced by the commissioner in  support  of
 the  budget including the appropriation for support of boards of cooper-
 ative educational services for payments due prior to April first for the
 current year, 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 payment to be made in the month of
 June of two thousand six such calculation shall be based on  the  school
 aid computer listing for the current year using updated data at the time
 of  each  payment.  For districts subject to chapter five hundred sixty-
 three of the laws of nineteen hundred eighty, thirty-six hundred  two-b,
 or  two thousand forty of this chapter, for aid payable in the two thou-
 sand four--two thousand five school year and thereafter, "moneys  appor-
 tioned"  shall  mean  the  apportionment  calculated by the commissioner
 based on data on file at the time the  payment  is  processed.  NOTWITH-
 STANDING  THE  PROVISIONS  OF  SECTION THIRTY-SIX HUNDRED NINE-A OF THIS
 PART, FOR THE TWO THOUSAND TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO  SCHOOL
 YEAR AND THEREAFTER, APPORTIONMENTS PAYABLE PURSUANT TO PARAGRAPH C-1 OF
 SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL BE
 PAID  PURSUANT TO THIS SECTION. The "school aid computer listing for the
 current year" shall be as defined in the opening  paragraph  of  section
 thirty-six hundred nine-a of this [article] PART.  The definitions "base
 year"  and  "current  year"  as  set forth in subdivision one of section
 thirty-six hundred two of  this  [article]  PART  shall  apply  to  this
 section.
   §  16.  The education law is amended by adding a new section 3609-i to
 read as follows:
   § 3609-I. LOCAL DISTRICT FUNDING ADJUSTMENT. 1.   NOTWITHSTANDING  ANY
 PROVISION  OF  LAW TO THE CONTRARY, FOR THE TWO THOUSAND TWENTY-ONE--TWO
 THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, PAYMENTS COMPUTED PURSU-
 ANT TO SECTION THIRTY-SIX HUNDRED NINE-E OF THIS PART SHALL  BE  REDUCED
 BY THE LOCAL DISTRICT FUNDING ADJUSTMENT.
   2. THE "LOCAL DISTRICT FUNDING ADJUSTMENT" SHALL BE EQUAL TO THE LESS-
 ER  OF  THE  PRESCRIBED  PAYMENTS PURSUANT TO SECTION THIRTY-SIX HUNDRED
 NINE-E OF THIS PART OR THE FEDERAL  COVID-19  SUPPLEMENTAL  STIMULUS  AS
 COMPUTED  PURSUANT TO PARAGRAPH KK OF SUBDIVISION ONE OF SECTION THIRTY-
 SIX HUNDRED TWO OF THIS PART, PROVIDED THAT FOR  CITY  SCHOOL  DISTRICTS
 WITH A POPULATION OF MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABIT-
 ANTS  BUT  LESS THAN ONE MILLION INHABITANTS, THE LOCAL DISTRICT FUNDING
 ADJUSTMENT FOR THE TWO THOUSAND  TWENTY-TWO--TWO  THOUSAND  TWENTY-THREE
 SCHOOL YEAR AND THEREAFTER SHALL BE ZERO.
   §  16-a.  Paragraph  b of subdivision 5-b of section 2576 of education
 law, as added by section 9 of part B of chapter 57 of the laws of  2007,
 is amended to read as follows:

 S. 2506--A                         19                         A. 3006--A
 
   b.  The  city amount shall not be less than the DIFFERENCE OF THE city
 amount appropriated in the base year LESS THE VALUE OF ANY REDUCTION FOR
 THE ENSUING FISCAL YEAR  PURSUANT  TO  SECTION  THIRTY-SIX  HUNDRED  AND
 NINE-I  OF THIS CHAPTER determined at the time of adoption of the budget
 for  the  ensuing fiscal year, and shall not be less than the DIFFERENCE
 OF THE city amount expended in the base year determined as of the end of
 the school year LESS THE VALUE OF ANY REDUCTION  FOR  SUCH  FISCAL  YEAR
 PURSUANT  TO  SECTION  THIRTY-SIX  HUNDRED  AND  NINE-I OF THIS CHAPTER.
 Provided, however, in the event the total amount of  city  funds  relied
 upon to balance such budget is lower than the total amount of city funds
 appropriated  in the base year, as determined at the time of adoption of
 such budget, the city amount may be reduced by up to the same percentage
 as the overall percentage decrease in city funds between the  base  year
 and the ensuing fiscal year.
   §  17.  Subdivision 19 of section 3602 of the education law is amended
 by adding a new paragraph c to read as follows:
   C. THE POSITIVE VALUE OF THE  PANDEMIC  ADJUSTMENT  PAYMENT  REDUCTION
 SHALL  NOT  EXCEED  THE  SUM  OF MONEYS APPORTIONED PURSUANT TO SECTIONS
 SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE,  SEVEN
 HUNDRED  FIFTY-THREE,  THIRTY-SIX  HUNDRED  NINE-A,  THIRTY-SIX  HUNDRED
 NINE-B, THIRTY-SIX HUNDRED NINE-D, THIRTY-SIX HUNDRED NINE-F, AND  THIR-
 TY-SIX  HUNDRED NINE-H FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-
 ONE SCHOOL YEAR FOR ANY SCHOOL DISTRICT.
   § 18. Paragraph a of subdivision 7 of section 3602  of  the  education
 law,  as  amended  by  section 17 of part B of chapter 57 of the laws of
 2007, is amended to read as follows:
   a. In addition to the foregoing apportionment, FOR  THE  TWO  THOUSAND
 TWENTY--TWO  THOUSAND  TWENTY-ONE  AND PRIOR SCHOOL YEARS there shall be
 apportioned to any school district for pupil transportation, the  lesser
 of  ninety  per centum or the state share of its approved transportation
 expense for the base year. The state share shall equal the  sum  of  the
 transportation sparsity adjustment and the transportation aid ratio, but
 not  less  than  six  and one-half percent. The transportation aid ratio
 shall equal the greater of (i)  the  product  of  one  and  two  hundred
 sixty-three  thousandths  multiplied by the state sharing ratio, (ii) an
 aid ratio computed by subtracting from one and one hundredth the product
 computed to three decimals without rounding obtained by multiplying  the
 resident  weighted  average  daily  attendance wealth ratio by forty-six
 percent, where such aid ratio shall be expressed as a decimal carried to
 three places without rounding or (iii) excluding  cities  with  a  popu-
 lation  of  more  than one million, an aid ratio computed by subtracting
 from one and one hundredth the product computed to three decimal  places
 without  rounding  obtained  by multiplying the number computed to three
 decimals without rounding obtained when the quotient of actual valuation
 of a school district, as defined in paragraph c of  subdivision  one  of
 this  section, divided by the sum of the resident public school district
 enrollment, the resident nonpublic school district  enrollment  and  the
 additional  public school enrollment of the school district for the year
 prior to the base year is divided by the statewide average actual  valu-
 ation  per the sum of such total resident public school district enroll-
 ment, nonpublic school district enrollment and additional public  school
 enrollment  of all school districts eligible for an apportionment pursu-
 ant to this section except central high school districts as computed  by
 the  commissioner using the latest single year actual valuation computed
 under paragraph c of subdivision  one  of  this  section,  by  forty-six
 percent,  where  such  ratio  shall be expressed as a decimal carried to

 S. 2506--A                         20                         A. 3006--A
 
 three decimal places without rounding. The computation of such statewide
 average shall include the  actual  valuation  of  all  school  districts
 eligible  for  an  apportionment pursuant to this section except central
 high  school  districts.  The  transportation  sparsity adjustment shall
 equal the quotient of: the positive remainder of  twenty-one  minus  the
 district's  public school enrollment for the year prior to the base year
 per square mile, divided by three  hundred  seventeen  and  eighty-eight
 hundredths.  Approved  transportation  expense  shall  be the sum of the
 approved transportation operating expense and the  approved  transporta-
 tion  capital,  debt service and lease expense of the district. Approved
 transportation expense shall not be aidable pursuant to section nineteen
 hundred fifty of this chapter.
   § 19. The opening paragraph of section 3622-a of the education law, as
 added by chapter 474 of the laws of 1996, is amended to read as follows:
   For the computation of transportation aid pursuant to the requirements
 of subdivision seven of section thirty-six hundred two of  this  article
 and  this  part FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND
 PRIOR SCHOOL YEARS, aidable regular  transportation  shall  include  the
 following, provided that the school district shall have voted to furnish
 such  transportation, as provided by law, or that the commissioner shall
 have directed  that  such  transportation  be  furnished;  and  provided
 further  that  transportation  aid shall not be paid in a case where the
 provision made for transportation is inadequate and  is  disapproved  by
 the commissioner:
   §  20.  Subdivisions  6  and 7 of section 3622-a of the education law,
 subdivision 6 as amended by section 47 of part A of chapter  58  of  the
 laws  of  2011  and subdivision 7 as added by chapter 422 of the laws of
 2004, are amended and a new subdivision 8 is added to read as follows:
   6. Transportation  of  pupils  to  and  from  approved  summer  school
 programs operated by a school district in the two thousand--two thousand
 one  school year [and thereafter] THROUGH THE TWO THOUSAND NINETEEN--TWO
 THOUSAND TWENTY SCHOOL YEAR, provided, however, that if the total state-
 wide apportionment attributable  to  allowable  transportation  expenses
 incurred  pursuant  to  this  subdivision  exceeds  five million dollars
 ($5,000,000), individual school district allocations shall  be  prorated
 to ensure that the apportionment for such summer transportation does not
 exceed  five  million  dollars ($5,000,000), provided that such prorated
 apportionment computed and payable as of September  one  of  the  school
 year immediately following the school year for which such aid is claimed
 shall be deemed final and not subject to change; [and]
   7.  Transportation  provided  pursuant  to  section thirty-six hundred
 thirty-five-b of this article; AND
   8. NOTWITHSTANDING PARAGRAPH A OF SUBDIVISION FIVE OF SECTION  THIRTY-
 SIX  HUNDRED  FOUR  OF  THIS ARTICLE, TRANSPORTATION PROVIDED IN THE TWO
 THOUSAND NINETEEN--TWO THOUSAND TWENTY  SCHOOL  YEAR  DURING  THE  STATE
 DISASTER  EMERGENCY  DECLARED  PURSUANT  TO EXECUTIVE ORDER 202 OF 2020,
 PROVIDED THAT  TRANSPORTATION WAS PROVIDED DURING  THE  TIME  PERIOD  OF
 SCHOOL  CLOSURES  ORDERED  PURSUANT TO EXECUTIVE ORDER 202 OF 2020. SUCH
 AIDABLE TRANSPORTATION SHALL INCLUDE  TRANSPORTATION  OF  MEALS,  EDUCA-
 TIONAL MATERIALS AND SUPPLIES TO STUDENTS, AND TRANSPORTATION TO PROVIDE
 STUDENTS WITH INTERNET ACCESS.
   § 21. The opening paragraph of section 3623-a of the education law, as
 added by chapter 474 of the laws of 1996, is amended to read as follows:
   For  the  computation of transportation aid FOR THE TWO THOUSAND TWEN-
 TY--TWO THOUSAND TWENTY-ONE AND PRIOR  SCHOOL  YEARS,  pursuant  to  the
 requirements  of  subdivision seven of section thirty-six hundred two of

 S. 2506--A                         21                         A. 3006--A
 
 this article and  this  part,  allowable  transportation  expense  shall
 include  expenditures  for  aidable regular transportation as defined in
 section thirty-six hundred twenty-two-a of this part, provided that such
 expense  shall be limited to expenditure items listed in subdivision one
 of this section as transportation operating expense and  in  subdivision
 two  of  this  section as transportation capital, debt service and lease
 expense.
   § 22. Section 3623-a of the education law is amended by adding  a  new
 subdivision 4 to read as follows:
   4.  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION  OR  ANY OTHER
 PROVISION OF LAW TO THE CONTRARY, FOR THE COMPUTATION OF  TRANSPORTATION
 AID  PURSUANT  TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF SECTION THIR-
 TY-SIX HUNDRED TWO OF THIS ARTICLE,  ALLOWABLE  TRANSPORTATION  EXPENSES
 SHALL ALSO INCLUDE TRANSPORTATION OPERATING EXPENSES DESCRIBED IN SUBDI-
 VISION  ONE  OF  THIS SECTION INCURRED IN THE TWO THOUSAND NINETEEN--TWO
 THOUSAND TWENTY SCHOOL YEAR DURING THE STATE DISASTER EMERGENCY DECLARED
 PURSUANT TO EXECUTIVE ORDER 202 OF 2020. SUCH  EXPENSES  SHALL  ONLY  BE
 ALLOWABLE  TRANSPORTATION  EXPENSES WHERE AIDABLE REGULAR TRANSPORTATION
 AS DEFINED IN SECTION THIRTY-SIX HUNDRED TWENTY-TWO-A OF THIS  PART  WAS
 PROVIDED.
   §  23.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 22 of part A of chapter 56 of the laws  of  2020,  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-one]  TWENTY-TWO;  provided  that the program shall continue and
 remain in full effect.
   § 24. Paragraphs a, b and c of subdivision 5 of section  3604  of  the
 education  law,  paragraph  a  as  amended by chapter 161 of the laws of
 2005, paragraph b as amended by section 59 of part A of chapter  436  of
 the  laws of 1997, and paragraph c as added by chapter 82 of the laws of
 1995, are 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-

 S. 2506--A                         22                         A. 3006--A
 
 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] B of this subdivision [for],
 OTHER THAN PAYMENTS REQUIRED AS A RESULT OF A FINAL AUDIT OF THE  STATE,
 SHALL  BE  DEEMED  PAID. FOR aid claims that had been previously paid as
 current year aid payments in excess of the amount to which the  district
 is  entitled  and  for  which  recovery of excess payments is to be made
 pursuant to this paragraph, shall be  reduced  at  the  time  of  actual
 payment  by  any  remaining unrecovered balance of such excess payments,
 and the remaining scheduled deductions of such excess payments  pursuant
 to  this  paragraph  shall be reduced by the commissioner to reflect the
 amount so recovered. [The commissioner shall certify  no  payment  to  a
 school  district based on a claim submitted later than three years after
 the close of the school year in which such payment was first to be made.
 For claims for which payment is first to be made in the nineteen hundred
 ninety-six--ninety-seven school year, the commissioner shall certify  no
 payment  to  a school district based on a claim submitted later than two
 years after the close of such school year.] For claims for which payment
 is first to be made [in the nineteen hundred ninety-seven--ninety-eight]
 PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND  TWENTY-ONE  school  year
 [and  thereafter], the commissioner shall certify no payment to a school
 district based on a claim submitted later  than  [one  year  after]  the
 close  of  such school year. FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE
 MADE IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND
 THEREAFTER, THE COMMISSIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL
 DISTRICT  BASED ON A CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF
 SUCH SCHOOL YEAR. Provided, however, no  payments  shall  be  barred  or
 reduced  where  such payment is required as a result of a final audit of
 the state. [It is further provided that, until June thirtieth,  nineteen
 hundred  ninety-six,  the  commissioner  may  grant  a  waiver  from the
 provisions of this section for any school district if it is in the  best
 educational  interests  of the district pursuant to guidelines developed
 by the commissioner and approved by the director of the budget.] FURTHER
 PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
 HUNDRED ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE,  SEVEN
 HUNDRED  FIFTY-THREE,  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--TWO THOUSAND TWENTY-ONE AND TWO THOUSAND  TWENTY-ONE--TWO  THOU-
 SAND  TWENTY-TWO SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT
 TO A SCHOOL DISTRICT,  OTHER  THAN  PAYMENTS  PURSUANT  TO  SUBDIVISIONS
 SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
 FILE  USED  TO  PRODUCE  THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
 COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET  REQUEST  SUBMITTED  FOR
 THE  TWO  THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO STATE FISCAL YEAR
 AND ENTITLED "BT212-2", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
 PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN  HUNDRED  ELEVEN,

 S. 2506--A                         23                         A. 3006--A
 
 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-TWO--TWO THOUSAND TWENTY-THREE
 SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
 A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO  SUBDIVISIONS  SIX-A,
 ELEVEN,  THIRTEEN  AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
 PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
 USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE  COMMIS-
 SIONER  IN  SUPPORT  OF  THE  EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE
 STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
   b. [Claims resulting from court orders or judgments. Any payment which
 would be due as the result of a court order or  judgment  shall  not  be
 barred,  provided that, commencing January first, nineteen hundred nine-
 ty-six, such court order or judgment and any other data  required  shall
 be filed with the comptroller within one year from the date of the court
 order  or  judgment,  and  provided  further that the commissioner shall
 certify no payment to a school district for a specific school year  that
 is  based  on  a  claim  that results from a court order or judgement so
 filed with the comptroller unless the total  value  of  such  claim,  as
 determined  by  the  commissioner,  is  greater  than one percent of the
 school district's  total  revenues  from  state  sources  as  previously
 recorded  in  the  general  fund  and reported to the comptroller in the
 annual financial report of the school district for such school year.
   c.] Payment of moneys due for prior years. State aid payments due  for
 prior years in accordance with the provisions of this subdivision, OTHER
 THAN  PAYMENTS REQUIRED AS A RESULT OF A FINAL AUDIT OF THE STATE, shall
 be DEEMED paid [within the limit of the appropriation designated  there-
 for  provided, however, that each eligible claim shall be payable in the
 order that it has been approved for payment by the commissioner, but  in
 no  case  shall  a single claim draw down more than forty percent of the
 appropriation so designated for a single year, and provided further that
 no claim shall be set  aside  for  insufficiency  of  funds  to  make  a
 complete  payment,  but  shall  be eligible for a partial payment in one
 year and shall retain its priority date status for appropriations desig-
 nated for such purposes in future years].
   § 25. Subdivision 6 of section 4408 of the education law, as added  by
 chapter 82 of the laws of 1995, is amended to read as follows:
   6.  Notwithstanding  any  other  provision  of law to the contrary, no
 payments shall be made by the commissioner pursuant to this  section  on
 or  after  July  first,  nineteen  hundred  ninety-six  based on a claim
 submitted later than [three years] ONE YEAR after the end of the  school
 year  in  which services were rendered, provided however that no payment
 shall be barred or reduced where such payment is required as a result of
 a court order or judgment or a final audit.
   § 26. The opening paragraph of section 3609-a of the education law, as
 amended by section 24 of part A of chapter 56 of the laws  of  2020,  is
 amended to read as follows:
   For  aid  payable in the two thousand seven--two thousand eight school
 year through the two thousand  twenty--two  thousand  twenty-one  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

 S. 2506--A                         24                         A. 3006--A
 
 due  prior  to  April  first for the current year plus the apportionment
 payable during the current school year pursuant to [subdivision]  SUBDI-
 VISIONS  six-a  and  [subdivision] fifteen of section thirty-six hundred
 two  of  this part minus any reductions to current year aids pursuant to
 subdivision seven of section thirty-six hundred four of this part or any
 deduction from  apportionment  payable  pursuant  to  this  chapter  for
 collection  of a school district basic contribution as defined in subdi-
 vision eight of section forty-four hundred one of this chapter, less any
 grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
 vision  four  of section ninety-two-c of the state finance law, less any
 grants provided pursuant to subdivision 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 arti-
 cle, or (ii) the apportionment calculated by the commissioner  based  on
 data  on  file  at  the time the payment is processed; provided however,
 that for the purposes of any payments  made  pursuant  to  this  section
 prior  to  the  first  business  day of June of the current year, moneys
 apportioned shall not include any aids payable pursuant to  subdivisions
 six  and  fourteen,  if applicable, of section thirty-six hundred two of
 this part as current year aid for  debt  service  on  bond  anticipation
 notes  and/or bonds first issued in the current year or any aids payable
 for full-day kindergarten for the current year pursuant  to  subdivision
 nine  of section thirty-six hundred two of this part. The definitions of
 "base year" and "current year"  as  set  forth  in  subdivision  one  of
 section thirty-six hundred two of this part shall apply to this section.
 [For  aid  payable  in  the two thousand twenty--two thousand twenty-one
 school year, reference to such "school  aid  computer  listing  for  the
 current  year"  shall  mean  the  printouts entitled "SA202-1".] FOR AID
 PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWENTY-TWO  SCHOOL
 YEAR  AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I)
 THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT  SET  FORTH  FOR
 EACH  SCHOOL  DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL
 AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY  THE  COMMISSIONER
 IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRI-
 ATION 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 CHAP-
 TER 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 SIX 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

 S. 2506--A                         25                         A. 3006--A
 
 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-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, REFER-
 ENCE  TO  SUCH  "SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL
 MEAN THE PRINTOUTS ENTITLED "BT212-2".
   § 27. The education law is amended by adding a new section  4403-a  to
 read as follows:
   §  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
 APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
 SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
 DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
 TO SECTION FORTY-FOUR HUNDRED TWO OR FORTY-FOUR HUNDRED  THREE  OF  THIS
 ARTICLE,  AND  REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC SCHOOL
 YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN  ADVANCE
 OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND SHALL BE
 IN A FORM PRESCRIBED BY THE COMMISSIONER.
   2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
 DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
 PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
 BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
 WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
 BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,  AND
 SHALL  INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS
 MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIVER.  THE  LOCAL  SCHOOL
 DISTRICT,  APPROVED  PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND  PERSONS
 IN  PARENTAL  RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
 IN THE WAIVER APPLICATION SUBMITTED  TO  THE  COMMISSIONER  PURSUANT  TO
 SUBDIVISION  ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
 PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS.
   3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
 A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
 FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT SUCH WAIV-
 ER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD
 OF  COOPERATIVE  EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE SPECIAL
 EDUCATION PROGRAM THAT IS CONSISTENT WITH  APPLICABLE  FEDERAL  REQUIRE-
 MENTS,  AND  WILL  ENHANCE  STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES FOR
 PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMINATION,
 THE COMMISSIONER SHALL CONSIDER  ANY  COMMENTS  RECEIVED  BY  THE  LOCAL
 SCHOOL  DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES FROM PARENTS OR PERSONS  IN  PARENTAL  RELATION  TO  THE
 STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
   4.  ANY  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL OR BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
 REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
 PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR  FOR
 WHICH A WAIVER IS GRANTED.
   §  28.  Subdivision 1 of section 3033 of the education law, as amended
 by chapter 886 of the laws of 1986, is amended to read as follows:
   1. Boards of education and boards of cooperative educational  services
 are hereby authorized to participate in the New York state mentor teach-
 er-internship  program in accordance with the provisions of this section
 THROUGH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR.
   § 29. Section 3033 of the education law is REPEALED.

 S. 2506--A                         26                         A. 3006--A

   § 30. Paragraph b of subdivision 2 of section 3612 of  education  law,
 as  amended by section 22 of part YYY of chapter 59 of the laws of 2019,
 is amended to read as follows:
   b. Such grants shall be awarded to school districts, within the limits
 of funds appropriated therefor, through a competitive process that takes
 into  consideration  the  magnitude  of  any shortage of teachers in the
 school district, the number of teachers employed in the school  district
 who hold temporary licenses to teach in the public schools of the state,
 the  number of provisionally certified teachers, the fiscal capacity and
 geographic sparsity of the district, the  number  of  new  teachers  the
 school district intends to hire in the coming school year and the number
 of summer in the city student internships proposed by an eligible school
 district,  if applicable. Grants provided pursuant to this section shall
 be used only for the purposes enumerated in this section.  Notwithstand-
 ing any other provision of law to the contrary, a city  school  district
 in a city having a population of one million or more inhabitants receiv-
 ing a grant pursuant to this section may use no more than eighty percent
 of  such  grant  funds  for any recruitment, retention and certification
 costs associated with transitional certification of  teacher  candidates
 for  the  school  years  two thousand one--two thousand two through [two
 thousand twenty-three--two thousand twenty-four] TWO  THOUSAND  TWENTY--
 TWO THOUSAND TWENTY-ONE.
   § 31. Section 3612 of the education law is REPEALED.
   §  32.  Section 3004-a of the education law is amended by adding a new
 subdivision 7 to read as follows:
   7. NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY,  NO  GRANTS
 SHALL  BE  AWARDED PURSUANT TO THIS SECTION AFTER THE TWO THOUSAND TWEN-
 TY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR GRANT PERIOD.
   § 33. Section 3004-a of the education law is REPEALED.
   § 34.  Subparagraphs (viii) and (ix) of paragraph (a) of subdivision 1
 of section 2856 of the education law, as amended by section 26-a of part
 A of chapter 56 of the laws of 2020, are amended to read as follows:
   (viii) for the two thousand twenty--two thousand  twenty-one  and  two
 thousand  twenty-one--two  thousand twenty-two school years, the charter
 school basic tuition shall be the lesser of (A) the product of  (i)  the
 charter  school basic tuition calculated for the base year multiplied by
 (ii) the average of the quotients for each school  year  in  the  period
 commencing  with the year three years prior to the base year and finish-
 ing with the year prior to the base year of the total approved operating
 expense for such school district calculated pursuant to paragraph  t  of
 subdivision  one  of  section thirty-six hundred two of this chapter for
 each such year divided by the total approved operating expense for  such
 district for the immediately preceding year multiplied by, (III) for the
 two  thousand  twenty--two thousand twenty-one school year only, [(iii)]
 nine hundred forty-five one-thousandths (0.945), OR FOR THE TWO THOUSAND
 TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL  YEAR  ONLY,  ONE  MINUS  THE
 ADJUSTMENT FACTOR or (B) the quotient of the total general fund expendi-
 tures  for the school district calculated pursuant to an electronic data
 file created for the purpose of compliance with paragraph b of  subdivi-
 sion  twenty-one of section three hundred five of this chapter published
 annually on May fifteenth for the year prior to the base year divided by
 the total estimated public enrollment for the school  district  pursuant
 to  paragraph  n of subdivision one of section thirty-six hundred two of
 this chapter for the year prior to the base year. THE ADJUSTMENT  FACTOR
 SHALL EQUAL THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF (I) THE
 SERVICES  AID  REDUCTION FOR THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH B

 S. 2506--A                         27                         A. 3006--A
 
 OF SUBDIVISION TWENTY-ONE OF SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS
 CHAPTER,  (II) PLUS THE LOCAL DISTRICT FUNDING ADJUSTMENT FOR THE SCHOOL
 DISTRICT PURSUANT TO  SUBDIVISION  ONE  OF  SECTION  THIRTY-SIX  HUNDRED
 NINE-I  OF  THIS  CHAPTER BY (B) THE TOTAL GENERAL FUND EXPENDITURES FOR
 THE SCHOOL DISTRICT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
 SCHOOL YEAR CALCULATED PURSUANT TO AN ELECTRONIC DATA FILE  CREATED  FOR
 THE  PURPOSE OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF
 SECTION THREE HUNDRED FIVE OF THIS CHAPTER PUBLISHED ON  MAY  FIFTEENTH,
 TWO THOUSAND TWENTY-ONE.
   (ix)  for  the  two  thousand  twenty-two--two  thousand  twenty-three
 through two thousand twenty-four--two thousand twenty-five school  years
 the  charter school basic tuition shall be the lesser of (A) the product
 of (i) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
 YEAR, THE CHARTER SCHOOL BASIC TUITION  CALCULATED  FOR  THE  BASE  YEAR
 DIVIDED  BY THE DIFFERENCE OF ONE LESS THE ADJUSTMENT FACTOR AND FOR THE
 TWO THOUSAND TWENTY-THREE--TWO THOUSAND  TWENTY-FOUR  AND  TWO  THOUSAND
 TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE SCHOOL YEARS, the charter school
 basic tuition calculated for the base year multiplied by (ii) the  aver-
 age  of the quotients for each school year in the period commencing with
 the year four years prior to the base year and finishing with  the  year
 prior  to the base year, excluding the two thousand twenty--two thousand
 twenty-one school year, of the total approved operating expense for such
 school district calculated pursuant to paragraph t of subdivision one of
 section thirty-six hundred two  of  this  chapter  for  each  such  year
 divided  by  the  total approved operating expense for such district for
 the immediately preceding year or (B) the quotient of the total  general
 fund  expenditures  for  the  school  district calculated pursuant to an
 electronic data file created for the purpose of  compliance  with  para-
 graph  b of subdivision twenty-one of section three hundred five of this
 chapter published annually on May fifteenth for the year  prior  to  the
 base  year  divided  by  the  total  estimated public enrollment for the
 school district pursuant to paragraph n of subdivision  one  of  section
 thirty-six  hundred  two  of this chapter for the year prior to the base
 year.
   § 35.  Subparagraphs (viii) and (ix) of paragraph (a) of subdivision 1
 of section 2856 of the education law, as amended by section 26-b of part
 A of chapter 56 of the laws of 2020, are amended to read as follows:
   (viii) for the two thousand twenty--two thousand  twenty-one  and  two
 thousand  twenty-one--two  thousand twenty-two school years, the charter
 school basic tuition shall be the lesser of (A) the product of  (i)  the
 charter  school basic tuition calculated for the base year multiplied by
 (ii) the average of the quotients for each school  year  in  the  period
 commencing  with the year three years prior to the base year and finish-
 ing with the year prior to the base year of the total approved operating
 expense for such school district calculated pursuant to paragraph  t  of
 subdivision  one  of  section thirty-six hundred two of this chapter for
 each such year divided by the total approved operating expense for  such
 district for the immediately preceding year multiplied by, (III) for the
 two  thousand  twenty--two thousand twenty-one school year only, [(iii)]
 nine hundred forty-five one-thousandths (0.945), OR FOR THE TWO THOUSAND
 TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL  YEAR  ONLY,  ONE  MINUS  THE
 ADJUSTMENT FACTOR or (B) the quotient of the total general fund expendi-
 tures  for the school district calculated pursuant to an electronic data
 file created for the purpose of compliance with paragraph b of  subdivi-
 sion  twenty-one of section three hundred five of this chapter published
 annually on May fifteenth for the year prior to the base year divided by

 S. 2506--A                         28                         A. 3006--A
 
 the total estimated public enrollment for the school  district  pursuant
 to  paragraph  n of subdivision one of section thirty-six hundred two of
 this chapter for the year prior to the base year. THE ADJUSTMENT  FACTOR
 SHALL EQUAL THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF (I) THE
 SERVICES  AID  REDUCTION FOR THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH B
 OF SUBDIVISION TWENTY-ONE OF SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS
 CHAPTER,  (II) PLUS THE LOCAL DISTRICT FUNDING ADJUSTMENT FOR THE SCHOOL
 DISTRICT PURSUANT TO  SUBDIVISION  ONE  OF  SECTION  THIRTY-SIX  HUNDRED
 NINE-I  OF  THIS  CHAPTER BY (B) THE TOTAL GENERAL FUND EXPENDITURES FOR
 THE SCHOOL DISTRICT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
 SCHOOL YEAR CALCULATED PURSUANT TO AN ELECTRONIC DATA FILE  CREATED  FOR
 THE  PURPOSE OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF
 SECTION THREE HUNDRED FIVE OF THIS CHAPTER PUBLISHED ON  MAY  FIFTEENTH,
 TWO THOUSAND TWENTY-ONE.
   (ix)  for  the  two  thousand  twenty-two--two  thousand  twenty-three
 through two thousand twenty-four--two thousand twenty-five school  years
 the  charter school basic tuition shall be the lesser of (A) the product
 of (i) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
 YEAR, THE CHARTER SCHOOL BASIC TUITION  CALCULATED  FOR  THE  BASE  YEAR
 DIVIDED BY THE DIFFERENCE OF ONE LESS THE ADJUSTMENT FACTOR  AND FOR THE
 TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR AND TWO THOUSAND
 TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS, the  charter  school
 basic  tuition calculated for the base year multiplied by (ii) the aver-
 age of the quotients for each school year in the period commencing  with
 the  year  four years prior to the base year and finishing with the year
 prior to the base year, excluding the two thousand twenty--two  thousand
 twenty-one school year, of the total approved operating expense for such
 school district calculated pursuant to paragraph t of subdivision one of
 section  thirty-six  hundred  two  of  this  chapter  for each such year
 divided by the total approved operating expense for  such  district  for
 the  immediately preceding year or (B) the quotient of the total general
 fund expenditures for the school  district  calculated  pursuant  to  an
 electronic  data  file  created for the purpose of compliance with para-
 graph b of subdivision twenty-one of section three hundred five of  this
 chapter  published  annually  on May fifteenth for the year prior to the
 base year divided by the  total  estimated  public  enrollment  for  the
 school  district  pursuant  to paragraph n of subdivision one of section
 thirty-six hundred two of this chapter for the year prior  to  the  base
 year.
   §  36.    The  closing  paragraph of paragraph (a) of subdivision 1 of
 section 2856 of the education law, as amended by section 4 of  part  YYY
 of chapter 59 of the laws of 2017, is amended to read as follows:
   (A-1)  For  the  purposes of this subdivision, the "supplemental basic
 tuition" shall be (A) for a school district for which the charter school
 basic tuition computed for the current year is greater than or equal  to
 the  charter school basic tuition for the two thousand ten--two thousand
 eleven school year pursuant to the provisions  of  subparagraph  (i)  of
 this  paragraph, (1) for the two thousand fourteen--two thousand fifteen
 school year two hundred and fifty dollars, and (2) for the two  thousand
 fifteen--two  thousand  sixteen  school  year  three  hundred  and fifty
 dollars, and (3) for the two thousand  sixteen--two  thousand  seventeen
 school  year  five  hundred dollars, and (4) for the two thousand seven-
 teen--two thousand eighteen school year and thereafter, the sum  of  (i)
 the  supplemental basic tuition calculated for the two thousand sixteen-
 -two thousand seventeen school year plus (ii) five hundred dollars,  and
 (B)  for  school years prior to the two thousand seventeen--two thousand

 S. 2506--A                         29                         A. 3006--A
 
 eighteen school year, for a school district for which the charter school
 basic tuition for the two thousand ten--two thousand eleven school  year
 is  greater  than  the charter school basic tuition for the current year
 pursuant  to  the  provisions of subparagraph (i) of this paragraph, the
 positive difference of the charter school  basic  tuition  for  the  two
 thousand  ten--two  thousand eleven school year minus the charter school
 basic tuition for the current year pursuant to the provisions of subpar-
 agraph (i) of this paragraph and (C) for school years following the  two
 thousand  sixteen--two  thousand  seventeen  school  years, for a school
 district for which the charter school basic tuition for the two thousand
 ten--two thousand eleven school year is greater than the charter  school
 basic tuition for the current year pursuant to the provisions of subpar-
 agraph  (i)  of  this  paragraph,  the sum of (i) the supplemental basic
 tuition calculated for the two thousand sixteen--two thousand  seventeen
 school  year  plus  (ii)  five  hundred dollars. PROVIDED, HOWEVER, THAT
 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FOR THE TWO  THOUSAND
 TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL  YEAR,  THE SUPPLEMENTAL BASIC
 TUITION SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE PRODUCT  OF  (I)  ONE
 HALF  MULTIPLIED  BY  (II)  THE  ADJUSTMENT  FACTOR  AS  DEFINED IN THIS
 SECTION, FURTHER MULTIPLIED BY (III) THE CHARTER  SCHOOL  BASIC  TUITION
 FOR  THE  TWO  THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR,
 BUT SHALL NOT BE LESS THAN ZERO.
   § 36-a. The closing paragraph of paragraph (a)  of  subdivision  1  of
 section 2856 of the education law, as amended by section 4-a of part YYY
 of chapter 59 of the laws of 2017, is amended to read as follows:
   (A-1)  For  the  purposes of this subdivision, the "supplemental basic
 tuition" shall be (A) for a school district for which the charter school
 basic tuition computed for the current year is greater than or equal  to
 the  charter school basic tuition for the two thousand ten--two thousand
 eleven school year pursuant to the provisions  of  subparagraph  (i)  of
 this  paragraph, (1) for the two thousand fourteen--two thousand fifteen
 school year two hundred and fifty dollars, and (2) for the two  thousand
 fifteen--two  thousand  sixteen  school  year  three  hundred  and fifty
 dollars, and (3) for the two thousand  sixteen--two  thousand  seventeen
 school  year  five  hundred dollars, and (4) for the two thousand seven-
 teen--two thousand eighteen school year and thereafter, the sum  of  (i)
 the  supplemental basic tuition calculated for the two thousand sixteen-
 -two thousand seventeen school year plus (ii) five hundred dollars,  and
 (B)  for  school years prior to the two thousand seventeen--two thousand
 eighteen school year, for a school district for which the charter school
 basic tuition for the two thousand ten--two thousand eleven school  year
 is  greater  than  the charter school basic tuition for the current year
 pursuant to the provisions of subparagraph (i) of  this  paragraph,  the
 positive  difference  of  the  charter  school basic tuition for the two
 thousand ten--two thousand eleven school year minus the  charter  school
 basic tuition for the current year pursuant to the provisions of subpar-
 agraph  (i) of this paragraph and (C) for school years following the two
 thousand sixteen--two thousand seventeen  school  years,  for  a  school
 district for which the charter school basic tuition for the two thousand
 ten--two  thousand eleven school year is greater than the charter school
 basic tuition for the current year pursuant to the provisions of subpar-
 agraph (i) of this paragraph, the sum  of  (i)  the  supplemental  basic
 tuition  calculated for the two thousand sixteen--two thousand seventeen
 school year plus (ii) five  hundred  dollars.  PROVIDED,  HOWEVER,  THAT
 NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF LAW, FOR THE TWO THOUSAND
 TWENTY--TWO THOUSAND TWENTY-ONE  SCHOOL  YEAR,  THE  SUPPLEMENTAL  BASIC

 S. 2506--A                         30                         A. 3006--A
 
 TUITION  SHALL  BE  REDUCED BY AN AMOUNT EQUAL TO THE PRODUCT OF (I) ONE
 HALF MULTIPLIED BY  (II)  THE  ADJUSTMENT  FACTOR  AS  DEFINED  IN  THIS
 SECTION,  FURTHER  MULTIPLIED  BY (III) THE CHARTER SCHOOL BASIC TUITION
 FOR  THE  TWO  THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR,
 BUT SHALL NOT BE LESS THAN ZERO.
   § 36-b. Subdivision 9 of section 2852 of the education law, as amended
 by section 2 of subpart A of part B of chapter 20 of the laws  of  2015,
 is amended to read as follows:
   9. The total number of charters issued pursuant to this article state-
 wide  shall not exceed four hundred sixty. (a) All charters issued on or
 after July first, two thousand fifteen and counted toward the  numerical
 limits  established  by this subdivision shall be issued by the board of
 regents upon application directly to the board  of  regents  or  on  the
 recommendation  of  the board of trustees of the state university of New
 York pursuant to a competitive process in  accordance  with  subdivision
 nine-a  of  this section. Fifty of such charters issued on or after July
 first, two thousand fifteen, and no more, shall be granted to a  charter
 for  a school to be located in a city having a population of one million
 or more. The failure of any body to  issue  the  regulations  authorized
 pursuant  to  this  article  shall not affect the authority of a charter
 entity to propose a charter to the board of  regents  or  the  board  of
 regents'  authority  to  grant such charter. A conversion of an existing
 public school to a charter school, or the  renewal  or  extension  of  a
 charter  approved  by any charter entity, OR THE REISSUANCE OF A SURREN-
 DERED, REVOKED OR TERMINATED CHARTER PURSUANT TO PARAGRAPH (B) OR  (B-1)
 OF  THIS  SUBDIVISION  shall  not be counted toward the numerical limits
 established by this subdivision.
   (b) A charter that has been surrendered, revoked or terminated  on  or
 before  July  first,  two thousand fifteen, including a charter that has
 not been renewed by action of its charter entity, may be reissued pursu-
 ant to paragraph (a) of this subdivision by the board of regents  either
 upon  application directly to the board of regents or on the recommenda-
 tion of the board of trustees of the state university of New York pursu-
 ant to a competitive process in accordance with  subdivision  nine-a  of
 this  section. Provided that such reissuance shall not be counted toward
 the statewide numerical  limit  established  by  this  subdivision,  and
 provided  further  that no more than twenty-two charters may be reissued
 pursuant to this paragraph.
   (B-1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A  CHARTER
 THAT  HAS  BEEN SURRENDERED, REVOKED OR TERMINATED AFTER JULY FIRST, TWO
 THOUSAND FIFTEEN, INCLUDING A CHARTER  THAT  HAS  NOT  BEEN  RENEWED  BY
 ACTION  OF ITS CHARTER ENTITY, MAY BE REISSUED PURSUANT TO PARAGRAPH (A)
 OF THIS SUBDIVISION BY THE BOARD  OF  REGENTS  EITHER  UPON  APPLICATION
 DIRECTLY  TO  THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF THE BOARD
 OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT  TO  A  COMPET-
 ITIVE  PROCESS  IN  ACCORDANCE  WITH SUBDIVISION NINE-A OF THIS SECTION.
 PROVIDED THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD THE  NUMERICAL
 LIMITS ESTABLISHED BY THIS SUBDIVISION.
   (c)  For  purposes  of determining the total number of charters issued
 within  the  numerical  limits  established  by  this  subdivision,  the
 approval date of the charter entity shall be the determining factor.
   (d) Notwithstanding any provision of this article to the contrary, any
 charter  authorized  to  be issued by chapter fifty-seven of the laws of
 two thousand seven effective July first, two thousand  seven,  and  that
 remains  unissued  as of July first, two thousand fifteen, may be issued
 pursuant to the provisions of law applicable to a charter authorized  to

 S. 2506--A                         31                         A. 3006--A
 
 be  issued  by such chapter in effect as of June fifteenth, two thousand
 fifteen; provided however  that  nothing  in  this  paragraph  shall  be
 construed  to increase the numerical limit applicable to a city having a
 population  of  one million or more as provided in paragraph (a) of this
 subdivision, as amended by [a] SUBPART A OF PART B OF chapter TWENTY  of
 the laws of two thousand fifteen [which added this paragraph].
   §  37. Paragraph a of subdivision 6-g of section 3602 of the education
 law, as amended by section 11-a of part A of chapter 54 of the  laws  of
 2016, is amended to read as follows:
   a.  The city school district of the city of New York, upon documenting
 that it has incurred total aggregate expenses of forty  million  dollars
 or  more  pursuant  to subparagraph five of paragraph (e) of subdivision
 three of section twenty-eight hundred fifty-three of this chapter, shall
 be eligible for an apportionment THROUGH THE TWO THOUSAND  NINETEEN--TWO
 THOUSAND TWENTY SCHOOL YEAR, pursuant to this subdivision for its annual
 approved  expenditures  INCURRED  THROUGH THE TWO THOUSAND EIGHTEEN--TWO
 THOUSAND NINETEEN SCHOOL YEAR,  for  the  lease  of  space  for  charter
 schools  incurred  in  the base year in accordance with paragraph (e) of
 subdivision three of section twenty-eight hundred  fifty-three  of  this
 chapter.
   §  38.  Section  3  of  chapter  507  of the laws of 1974, relating to
 providing for the apportionment of state  monies  to  certain  nonpublic
 schools,  to  reimburse  them for their expenses   in   complying   with
 certain state requirements for the administration of state  testing  and
 evaluation  programs  and  for  participation  in state programs for the
 reporting of basic educational data, as amended by chapter  347  of  the
 laws of 2018, is amended to read as follows:
   §  3.  Apportionment.  a. The commissioner shall annually apportion to
 each qualifying school, for school years beginning  on  and  after  July
 first, nineteen hundred seventy-four, an amount equal to the actual cost
 incurred  by  each  such  school  during  the  preceding school year for
 providing services required by law  to  be  rendered  to  the  state  in
 compliance  with  the  requirements  of  the  state's  pupil  evaluation
 program, the basic educational data system,  regents  examinations,  the
 statewide  evaluation  plan,  the uniform procedure for pupil attendance
 reporting, the state's immunization  program  and  other  similar  state
 prepared  examinations  and  reporting  procedures.   PROVIDED THAT EACH
 NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN THE TWO THOUSAND  TWENTY--TWO
 THOUSAND  TWENTY-ONE SCHOOL YEAR TO REIMBURSE TWO THOUSAND NINETEEN--TWO
 THOUSAND TWENTY SCHOOL YEAR EXPENSES SHALL SUBMIT A CLAIM FOR  SUCH  AID
 TO THE STATE EDUCATION DEPARTMENT NO LATER THAN MAY FIFTEENTH, TWO THOU-
 SAND  TWENTY-ONE  AND  SUCH  CLAIMS SHALL BE PAID BY THE STATE EDUCATION
 DEPARTMENT NO  LATER  THAN  JUNE  THIRTIETH,  TWO  THOUSAND  TWENTY-ONE.
 PROVIDED  FURTHER  THAT  EACH NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN
 THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWENTY-TWO  SCHOOL  YEAR  AND
 THEREAFTER  SHALL  SUBMIT  A  CLAIM  FOR SUCH AID TO THE STATE EDUCATION
 DEPARTMENT NO LATER THAN APRIL FIRST OF THE SCHOOL YEAR IN WHICH AID  IS
 PAYABLE  AND SUCH CLAIMS SHALL BE PAID BY THE STATE EDUCATION DEPARTMENT
 NO LATER THAN MAY THIRTY-FIRST OF SUCH SCHOOL YEAR.  PROVIDED,  HOWEVER,
 THAT  THE  STATE'S  LIABILITY UNDER THIS SECTION SHALL BE LIMITED TO THE
 ANNUAL AMOUNT APPROPRIATED FOR SUCH PURPOSE.   IN THE EVENT  THAT  TOTAL
 CLAIMS  SUBMITTED  EXCEED THE APPROPRIATION AVAILABLE FOR SUCH AID, EACH
 CLAIMANT SHALL ONLY BE REIMBURSED AN AMOUNT EQUAL TO THE PERCENTAGE THAT
 EACH SUCH CLAIMANT REPRESENTS TO THE TOTAL OF ALL CLAIMS SUBMITTED.
   b. Such nonpublic schools shall be eligible to receive  aid  based  on
 the  number  of days or portion of days attendance is taken and either a

 S. 2506--A                         32                         A. 3006--A
 
 5.0/5.5 hour standard instructional day, or another work day  as  certi-
 fied by the nonpublic school officials, in accordance with the methodol-
 ogy  for  computing  salary  and  benefits  applied by the department in
 paying  aid for the two thousand twelve--two thousand thirteen and prior
 school years.
   c. The commissioner shall annually apportion to each qualifying school
 in the cities of New York,  Buffalo  and  Rochester,  for  school  years
 beginning  on  or after July first two thousand sixteen, an amount equal
 to the actual cost incurred by each such  school  during  the  preceding
 school  year  in meeting the recording and reporting requirements of the
 state school immunization program, provided that the  state's  liability
 shall be limited to the amount appropriated for this purpose.
   §  39.  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
 30 of part A of chapter 56 of the laws of 2020, 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, [and] 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 twen-
 ty-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 THIRTY-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); [and] 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 TWO HUNDRED FIFTY-SIX THOUSAND EIGHT HUNDRED THIRTY (1,256,830).
 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.
   § 40. 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 z to read as follows:
   Z.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
 COMPLETION OF PAYMENTS FOR THE 2021--2022 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

 S. 2506--A                         33                         A. 3006--A
 
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
 AND SHALL NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS
 ($11,500,000).
   §  41. 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 32 of part A of
 chapter 56 of the laws of 2020, is amended to read as follows:
   §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
 repealed on June 30, [2021] 2022.
   § 42. 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 34 of part A of
 chapter 56 of the laws of 2020, 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, [2021] 2022 when
 upon such date the provisions of this act shall be deemed repealed.
   §  43.  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  35 of part A of chapter 56 of the laws of 2020, 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,
 [2021] 2022.
   §  44.  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 36 of part A of  chapter  56  of  the
 laws of 2020, 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, [2021] 2022.
   § 45. School bus driver training. In addition to apportionments other-
 wise  provided  by section 3602 of the education law, for aid payable in
 the 2021--2022 school year, the commissioner of education shall allocate
 school bus driver training grants to  school  districts  and  boards  of
 cooperative educational services pursuant to sections 3650-a, 3650-b and
 3650-c of the education law, or for contracts directly with not-for-pro-
 fit  educational  organizations  for  the purposes of this section. Such
 payments shall not exceed four hundred thousand dollars  ($400,000)  per
 school year.
   §  46.  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 2022 and not later than the last  day  of  the  third  full
 business week of June 2022, 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, 2022, for salary expenses incurred between April 1 and
 June 30, 2021 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

 S. 2506--A                         34                         A. 3006--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
 apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of such paragraph and then followed by the district's  payments  to  the
 teachers'  retirement  system pursuant to subparagraph (1) of such para-
 graph, and any remainder to be deducted from the individualized payments
 due the district pursuant to paragraph b of such  subdivision  shall  be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   §  47. 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, 2022, 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, 2022 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

 S. 2506--A                         35                         A. 3006--A
 
 of  a  city  school  district  in  a city with a population in excess of
 125,000 inhabitants, the mayor of such city. Such application  shall  be
 made by a school district, after the board of education or trustees have
 adopted  a resolution to do so and in the case of a city school district
 in a city with a population in excess of 125,000 inhabitants,  with  the
 approval of the mayor of such city.
   b.  The  claim  for  an  apportionment to be paid to a school district
 pursuant to subdivision a of this section  shall  be  submitted  to  the
 commissioner  of  education  on  a form prescribed for such purpose, and
 shall be payable upon determination by such commissioner that  the  form
 has been submitted as prescribed. Such approved amounts shall be payable
 on  the  same  day in September of the school year following the year in
 which application was made as funds provided  pursuant  to  subparagraph
 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
 law,  on  the  audit  and  warrant  of the state comptroller on vouchers
 certified or approved by the commissioner of  education  in  the  manner
 prescribed  by  law  from  moneys in the state lottery fund and from the
 general fund to the extent that the amount paid  to  a  school  district
 pursuant  to  this  section  exceeds the amount, if any, due such school
 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
 section 3609-a of the education law in the  school  year  following  the
 year in which application was made.
   c.  Notwithstanding  the provisions of section 3609-a of the education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions a and b of this section shall first be  deducted  from  the
 following  payments  due  the  school  district  during  the school year
 following the year in which application was made  pursuant  to  subpara-
 graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
 section 3609-a of the education law in the following order: the  lottery
 apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of such paragraph and then followed by the district's  payments  to  the
 teachers'  retirement  system pursuant to subparagraph (1) of such para-
 graph, and any remainder to be deducted from the individualized payments
 due the district pursuant to paragraph b of such  subdivision  shall  be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 48. Notwithstanding the provision of any law, rule, or regulation to
 the  contrary,  the  city school district of the city of Rochester, upon
 the consent of the board of  cooperative  educational  services  of  the
 supervisory  district  serving  its  geographic region may purchase from
 such board for the 2021--2022 school year,  as  a  non-component  school
 district, services required by article 19 of the education law.
   §  49. 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 2021--2022  school  year.  For  the  city
 school  district  of  the  city of New York there shall be a setaside 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,

 S. 2506--A                         36                         A. 3006--A
 
 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  setaside  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 2021--2022 school year, and
 for any city school district in a city having a population of more  than
 one  million,  the  setaside  for  attendance  improvement  and  dropout
 prevention shall equal the amount set aside in the base  year.  For  the
 2021--2022  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 2021--2022 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

 S. 2506--A                         37                         A. 3006--A
 
 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.
   §  50.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2021  enacting
 the  aid  to  localities  budget shall be apportioned for the 2021--2022
 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 2021--2022
 by a chapter of the laws of 2021 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 assure that the total amount of aid payable
 does not exceed the total appropriations for such purpose.
   § 51. Severability. The provisions of this act shall be severable, and
 if the application of  any  clause,  sentence,  paragraph,  subdivision,
 section  or  part  of  this  act  to any person or circumstance shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph, subdivision, section, part
 of  this  act  or  remainder  thereof,  as the case may be, to any other
 person or circumstance, but shall be confined in its  operation  to  the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   §  52.  This act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2021, provided,
 however, that:
   1. Sections one,  twenty-three,  twenty-six,  forty-one,  forty-three,
 forty-four,  forty-five,  forty-eight  and  forty-nine of this act shall
 take effect July 1, 2021;
   2. Sections twenty-nine and thirty-one of this act shall  take  effect
 July 1, 2022;

 S. 2506--A                         38                         A. 3006--A
 
   3.  Section  thirty-three  of  this act shall take effect September 1,
 2024;
   4. The amendments to paragraph (a) of subdivision 1 of section 2856 of
 the  education   law  made  by  section thirty-four of this act shall be
 subject to the expiration and reversion of such subdivision pursuant  to
 subdivision  d  of  section  27  of  chapter 378 of the laws of 2007, as
 amended,  when  upon  such date the provisions of section thirty-five of
 this act shall take effect; and
   5. The amendments to paragraph (a-1) of subdivision 1 of section  2856
 of the education  law  made  by  section thirty-six of this act shall be
 subject  to the expiration and reversion of such subdivision pursuant to
 subdivision  d  of  section  27  of  chapter 378 of the laws of 2007, as
 amended, when upon such date the provisions of section  thirty-six-a  of
 this act shall take effect.
   6.  The  amendments  to  chapter  756 of the laws of 1992, relating to
 funding a program for work force education conducted by a consortium for
 worker education in New York City made by sections thirty-nine and forty
 of this act shall not affect the repeal of such  chapter  and  shall  be
 deemed repealed therewith.
 
                                  PART B
 
   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:

 S. 2506--A                         39                         A. 3006--A
 
   (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
 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-

 S. 2506--A                         40                         A. 3006--A

 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
 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

 S. 2506--A                         41                         A. 3006--A

 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-
 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

 S. 2506--A                         42                         A. 3006--A
 
 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
 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

 S. 2506--A                         43                         A. 3006--A
 
 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
 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

 S. 2506--A                         44                         A. 3006--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
 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

 S. 2506--A                         45                         A. 3006--A

 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
 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

 S. 2506--A                         46                         A. 3006--A

 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
 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

 S. 2506--A                         47                         A. 3006--A
 
 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
 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

 S. 2506--A                         48                         A. 3006--A
 
 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
 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 C

 S. 2506--A                         49                         A. 3006--A
 
   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 REGISTERED WITH THE
 DEPARTMENT THIRTY DAYS AFTER NOTIFICATION OF APPROVAL BY SUCH COLLEGE OR
 UNIVERSITY'S GOVERNING BODY.  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  ACCREDI-
 TATION  BY  THE  MSCHE. ANY COLLEGE OR UNIVERSITY WHICH HAS ITS ACCREDI-
 TATION PLACED ON PROBATION OR TERMINATED BY THE MSCHE OR  THE  EDUCATION
 DEPARTMENT SHALL BE SUBJECT TO THE COMMISSIONER'S PROGRAM APPROVAL UNTIL
 IT HAS BEEN REMOVED FROM PROBATION OR REGAINED ACCREDITATION BY MSCHE OR
 THE  EDUCATION  DEPARTMENT,  AND  SHALL  FURTHER  REMAIN SUBJECT TO SUCH
 COMMISSIONER'S PROGRAM APPROVAL 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 COMMISSIONER WHEN THE SUBSTANTIVE CHANGE  IS  APPROVED.
 ANY  SUCH  COLLEGE  OR  UNIVERSITY  THAT  DOES  NOT  SATISFY  ALL OF THE
 PROVISIONS OF THIS PARAGRAPH SHALL COMPLY WITH THE PROCEDURES AND CRITE-
 RIA ESTABLISHED BY THE REGENTS AND  COMMISSIONER  FOR  ACADEMIC  PROGRAM
 APPROVAL.  NOTHING  IN THIS SECTION SHALL BE DEEMED TO LIMIT THE DEPART-
 MENT'S EXISTING AUTHORITY TO  INVESTIGATE  A  COMPLAINT  CONCERNING  THE
 INSTITUTION, OR ANY PROGRAM OFFERED, INCLUDING THE AUTHORITY TO DEREGIS-
 TER THE PROGRAM.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2021.
 
                                  PART D
 
   Section 1. Section 4 of subpart A of part D of chapter 58 of the  laws
 of  2011  amending  the  education law relating to capital facilities in
 support of the state university and community colleges,  as  amended  by
 section  1  of  part  Q of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 4. This act shall take effect immediately and shall  expire  and  be
 deemed repealed June 30, [2021] 2026.

 S. 2506--A                         50                         A. 3006--A
 
   §  2.  Section  4  of subpart B of part D of chapter 58 of the laws of
 2011 amending the education law relating to procurement  in  support  of
 the  state  and  city universities, as amended by section 2 of part Q of
 chapter 54 of the laws of 2016, is amended to read as follows:
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed June 30, [2021] 2026.
   § 3. Section 3 of subpart C of part D of chapter 58  of  the  laws  of
 2011 amending the education law relating to state university health care
 facilities,  as amended by section 3 of part Q of chapter 54 of the laws
 of 2016, is amended to read as follows:
   § 3. This act shall take effect immediately, and shall expire  and  be
 deemed repealed June 30, [2021] 2026.
   §  4.  Subdivision 5 of section 355 of the education law is amended by
 adding a new paragraph f to read as follows:
   F. NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  AUTHORIZE
 CONTRACTS  FOR  THE PURCHASE OF SERVICES OR TECHNOLOGY FROM A CONSORTIUM
 AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE  LAW,
 EXCEPT  THAT  SUCH  DEFINITION AS APPLIED TO THE BOARD SHALL INCLUDE THE
 PURCHASE OF SERVICES AND TECHNOLOGY.
   § 5. This act shall take effect immediately; provided,  however,  that
 the amendments to subdivision 5 of section 355 of the education law made
 by  section  four  of  this  act shall not affect the expiration of such
 subdivision and shall expire therewith.
 
                                  PART E

   Section 1. Subparagraph 4 of paragraph h of subdivision 2  of  section
 355 of the education law, as amended by section 1 of part JJJ of chapter
 59 of the laws of 2017, is amended to read as follows:
   (4)  The trustees shall not impose a differential tuition charge based
 upon need or  income.  Except  as  hereinafter  provided,  all  students
 enrolled  in  programs  leading to like degrees at state-operated insti-
 tutions of the state university shall  be  charged  a  uniform  rate  of
 tuition  except for differential tuition rates based on state residency,
 AND FLEXIBLE TUITION RATE CATEGORIES TO INCREASE RESEARCH  CAPACITY  FOR
 THE  FOUR  UNIVERSITY CENTERS (ALBANY, BINGHAMTON, BUFFALO (UNIVERSITY),
 AND STONY BROOK) AND THE FIVE  OTHER  DOCTORAL  DEGREE  GRANTING  INSTI-
 TUTIONS  (DOWNSTATE  MEDICAL CENTER, UPSTATE MEDICAL CENTER, THE COLLEGE
 OF OPTOMETRY, THE COLLEGE OF ENVIRONMENTAL SCIENCE AND FORESTRY, AND THE
 COLLEGE OF TECHNOLOGY AT UTICA/ROME/STATE UNIVERSITY POLYTECHNIC  INSTI-
 TUTE);  PROVIDED,  HOWEVER,  THAT A PORTION OF REVENUE GENERATED BY SUCH
 FLEXIBLE TUITION RATE CATEGORIES SHALL BE USED TO ENSURE THAT NO STUDENT
 IS UNABLE TO ATTEND AN INSTITUTION OF CHOICE BASED ON INCOME.  ANY FLEX-
 IBLE TUITION RATE CATEGORIES MUST BE RECOMMENDED BY  THE  CHANCELLOR  OF
 THE STATE UNIVERSITY OF NEW YORK AND APPROVED BY THE TRUSTEES; PROVIDED,
 HOWEVER, THAT SUCH FLEXIBLE TUITION RATES BASED ON SECTOR SHALL NOT VARY
 BY MORE THAN 1.5 TIMES FROM THE MINIMUM RATE WITHIN EACH TYPE OF TUITION
 RATE.  Provided, however, that the trustees may authorize the presidents
 of  the colleges of technology and the colleges of agriculture and tech-
 nology to set differing rates of tuition for each of  the  colleges  for
 students  enrolled  in  degree-granting programs leading to an associate
 degree and non-degree granting programs so long  as  such  tuition  rate
 does not exceed the tuition rate charged to students who are enrolled in
 like  degree  programs or degree-granting undergraduate programs leading
 to a baccalaureate degree at other state-operated  institutions  of  the
 state  university  of  New  York. Notwithstanding any other provision of

 S. 2506--A                         51                         A. 3006--A
 
 this subparagraph, the trustees may authorize the setting of  [a]  sepa-
 rate [category] CATEGORIES of tuition [rate] RATES AS FOLLOWS; "DISTANCE
 LEARNING RATE", that shall be greater than the tuition rate for resident
 students  and less than the tuition rate for non-resident students, only
 for students enrolled in distance learning courses who are not residents
 of the state, AND "HIGH DEMAND CERTIFICATE PROGRAM RATE", THAT SHALL  BE
 SET  AT A LEVEL DEEMED APPROPRIATE UPON RECOMMENDATION OF THE CHANCELLOR
 OF THE STATE UNIVERSITY OF NEW YORK AND APPROVED BY THE BOARD  OF  TRUS-
 TEES WHICH RATE SHALL BE LOWER THAN STANDARD RATES OF TUITION, FOR IDEN-
 TIFIED CERTIFICATION PROGRAMS TO BE RECOMMENDED BY THE CHANCELLOR OF THE
 STATE  UNIVERSITY  OF NEW YORK.   Except as otherwise authorized in this
 subparagraph, the trustees shall not  adopt  changes  affecting  tuition
 charges  prior  to  the enactment of the annual budget, provided however
 that:
   (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
 academic  year  and  ending  in  the  two thousand fifteen--two thousand
 sixteen academic year the state university of New York board of trustees
 shall be empowered  to  increase  the  resident  undergraduate  rate  of
 tuition  by not more than three hundred dollars over the resident under-
 graduate rate of tuition adopted by the board of trustees in  the  prior
 academic  year,  provided  however that commencing with the two thousand
 eleven--two thousand twelve academic year and ending in the two thousand
 sixteen--two thousand seventeen academic year  if  the  annual  resident
 undergraduate rate of tuition would exceed five thousand dollars, then a
 tuition  credit  for each eligible student, as determined and calculated
 by the New York state higher education services corporation pursuant  to
 section six hundred eighty-nine-a of this title, shall be applied toward
 the tuition charged for each semester, quarter or term of study. Tuition
 for  each  semester,  quarter  or term of study shall not be due for any
 student eligible to receive such tuition credit until the tuition credit
 is calculated and applied against the tuition  charged  for  the  corre-
 sponding semester, quarter or term.
   (ii) Commencing with the two thousand seventeen--two thousand eighteen
 academic  year and ending in the two thousand twenty--two thousand twen-
 ty-one academic year the state university of New York board of  trustees
 shall  be  empowered  to  increase  the  resident  undergraduate rate of
 tuition by not more than two hundred dollars over  the  resident  under-
 graduate  rate  of tuition adopted by the board of trustees in the prior
 academic year, provided, however that if the annual resident undergradu-
 ate rate of tuition would exceed five thousand dollars, then  a  tuition
 credit  for  each  eligible student, as determined and calculated by the
 New York state higher education services corporation pursuant to section
 six hundred eighty-nine-a of this title, shall  be  applied  toward  the
 tuition charged for each semester, quarter or term of study. Tuition for
 each semester, quarter or term of study shall not be due for any student
 eligible  to  receive  such  tuition  credit until the tuition credit is
 calculated and applied against the tuition charged for the corresponding
 semester, quarter or term. Provided, further that the revenue  resulting
 from  an  increase  in  the  rate  of tuition shall be allocated to each
 campus pursuant to a plan approved by the board of trustees  to  support
 investments  in  new  classroom  faculty,  instruction,  initiatives  to
 improve student success and on-time completion and a tuition credit  for
 each eligible student.
   (iii)  COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
 TY-TWO ACADEMIC YEAR AND ENDING IN  THE  TWO  THOUSAND  TWENTY-FOUR--TWO
 THOUSAND  TWENTY-FIVE ACADEMIC YEAR, UPON RECOMMENDATION OF THE CHANCEL-

 S. 2506--A                         52                         A. 3006--A
 
 LOR OF THE STATE UNIVERSITY OF NEW YORK, THE  STATE  UNIVERSITY  OF  NEW
 YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO APPROVE AN INCREASE OF  THE
 RESIDENT  UNDERGRADUATE  RATE  OF  TUITION  BY  NO MORE THAN TWO HUNDRED
 DOLLARS  OVER  THE RESIDENT UNDERGRADUATE RATE OF TUITION ADOPTED BY THE
 BOARD OF TRUSTEES IN THE PRIOR ACADEMIC YEAR, PROVIDED, HOWEVER THAT  IF
 THE  ANNUAL  RESIDENT  UNDERGRADUATE  RATE  OF TUITION WOULD EXCEED FIVE
 THOUSAND DOLLARS, THEN A TUITION CREDIT FOR EACH  ELIGIBLE  STUDENT,  AS
 DETERMINED  AND  CALCULATED  BY  THE  NEW  YORK  STATE  HIGHER EDUCATION
 SERVICES CORPORATION PURSUANT TO SECTION SIX  HUNDRED  EIGHTY-NINE-A  OF
 THIS  TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMES-
 TER, QUARTER OR TERM OF STUDY. TUITION FOR  EACH  SEMESTER,  QUARTER  OR
 TERM  OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH
 TUITION CREDIT UNTIL  THE  TUITION  CREDIT  IS  CALCULATED  AND  APPLIED
 AGAINST  THE  TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR
 TERM. PROVIDED FURTHER THAT THE REVENUE RESULTING FROM  AN  INCREASE  IN
 THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN
 APPROVED  BY  THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN NEW CLASS-
 ROOM FACULTY, INSTRUCTION, INITIATIVES TO IMPROVE  STUDENT  SUCCESS  AND
 ON-TIME COMPLETION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
   (IV)  On  or before November thirtieth, two thousand [seventeen] TWEN-
 TY-ONE, the trustees shall approve and  submit  to  the  chairs  of  the
 assembly  ways  and means committee and the senate finance committee and
 to the director of the budget a master tuition plan  setting  forth  the
 tuition  rates  that  the  trustees  propose  for resident undergraduate
 students for the four year  period  commencing  with  the  two  thousand
 [seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year
 and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen-
 ty-one]  TWENTY-FIVE academic year, and shall submit any proposed amend-
 ments to such plan by November thirtieth of each subsequent year  there-
 after through November thirtieth, two thousand [twenty] TWENTY-FOUR, and
 provided  further, that with the approval of the board of trustees, each
 university center may increase non-resident undergraduate tuition  rates
 each  year  by  not  more than ten percent over the tuition rates of the
 prior academic year for a six year period commencing with the two  thou-
 sand  eleven--two  thousand  twelve  academic year and ending in the two
 thousand sixteen--two thousand seventeen academic year.
   [(iv)] (V) Beginning in state  fiscal  year  two  thousand  twelve-two
 thousand  thirteen and ending in state fiscal year two thousand fifteen-
 -two thousand sixteen, the state shall appropriate  and  make  available
 general fund operating support, including fringe benefits, for the state
 university  in  an amount not less than the amount appropriated and made
 available in the prior state fiscal year; provided, however, that if the
 governor declares a fiscal emergency, and communicates such emergency to
 the temporary president of the senate and speaker of the assembly, state
 support for operating expenses at the state university and city  univer-
 sity  may  be  reduced in a manner proportionate to one another, and the
 aforementioned provisions shall not apply.
   [(v)] (VI) Beginning in state fiscal year two thousand  seventeen--two
 thousand  eighteen and ending in state fiscal year two thousand twenty--
 two thousand twenty-one, the state shall appropriate and make  available
 general fund operating support, including fringe benefits, for the state
 university  in  an amount not less than the amount appropriated and made
 available in the prior state fiscal year; provided, however, that if the
 governor declares a fiscal emergency, and communicates such emergency to
 the temporary president of the senate and speaker of the assembly, state
 support for operating expenses at the state university and city  univer-

 S. 2506--A                         53                         A. 3006--A
 
 sity  may  be  reduced in a manner proportionate to one another, and the
 aforementioned provisions shall not apply; provided further,  the  state
 shall  appropriate and make available general fund support to fully fund
 the  tuition  credit  pursuant to subdivision two of section six hundred
 sixty-nine-h of this title.
   (VII) BEGINNING IN STATE  FISCAL  YEAR  TWO  THOUSAND  TWENTY-ONE--TWO
 THOUSAND  TWENTY-TWO  AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN-
 TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND  MAKE
 AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR
 THE  STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED
 AND MADE AVAILABLE IN THE PRIOR STATE FISCAL  YEAR;  PROVIDED,  HOWEVER,
 THAT  IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH
 EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND  SPEAKER  OF  THE
 ASSEMBLY,  STATE  SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY
 AND CITY UNIVERSITY MAY BE REDUCED IN  A  MANNER  PROPORTIONATE  TO  ONE
 ANOTHER,  AND  THE  AFOREMENTIONED  PROVISIONS SHALL NOT APPLY; PROVIDED
 FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE  AVAILABLE  GENERAL  FUND
 SUPPORT  TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF
 SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE.
   [(vi)] (VIII) For the state university  fiscal  years  commencing  two
 thousand  eleven--two  thousand twelve and ending two thousand fifteen--
 two thousand sixteen, each university center may set aside a portion  of
 its tuition revenues derived from tuition increases to provide increased
 financial  aid  for New York state resident undergraduate students whose
 net taxable income is eighty thousand dollars or  more  subject  to  the
 approval  of  a NY-SUNY 2020 proposal by the governor and the chancellor
 of the state university of New York. Nothing in this paragraph shall  be
 construed  as  to  authorize  that  students whose net taxable income is
 eighty thousand dollars or more  are  eligible  for  tuition  assistance
 program  awards  pursuant  to  section  six  hundred sixty-seven of this
 [chapter] TITLE.
   § 2. Paragraph (a) of subdivision 7 of section 6206 of  the  education
 law,  as  amended  by section 2 of part JJJ of chapter 59 of the laws of
 2017, is amended to read as follows:
   (a) The board of  trustees  shall  establish  positions,  departments,
 divisions  and  faculties; appoint and in accordance with the provisions
 of law fix salaries of  instructional  and  non-instructional  employees
 therein;  establish  and conduct courses and curricula; prescribe condi-
 tions of student admission, attendance and discharge; and shall have the
 power to determine in its discretion whether tuition  shall  be  charged
 and  to  regulate  tuition  charges, and other instructional and non-in-
 structional fees and other fees and charges at the educational units  of
 the  city  university.  The trustees shall review any proposed community
 college tuition increase and the justification for  such  increase.  The
 justification  provided by the community college for such increase shall
 include a detailed analysis of ongoing operating  costs,  capital,  debt
 service  expenditures, and all revenues. The trustees shall not impose a
 differential tuition charge based upon  need  or  income.  All  students
 enrolled  in  programs  leading  to  like degrees at the senior colleges
 shall be charged a uniform rate  of  tuition,  except  for  differential
 tuition  rates  based  on  state  residency, AND A FLEXIBLE TUITION RATE
 CATEGORY TO INCREASE RESEARCH  CAPACITY  FOR  DOCTORAL  DEGREE  GRANTING
 AUTHORIZED  INSTITUTIONS;  PROVIDED,  HOWEVER, THAT A PORTION OF REVENUE
 GENERATED BY SUCH FLEXIBLE TUITION RATE CATEGORY SHALL BE USED TO ENSURE
 THAT NO STUDENT IS UNABLE TO ATTEND AN INSTITUTION OF  CHOICE  BASED  ON
 INCOME.  SUCH  FLEXIBLE TUITION RATE CATEGORY MUST BE RECOMMENDED BY THE

 S. 2506--A                         54                         A. 3006--A
 
 CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK AND APPROVED BY THE  TRUS-
 TEES;  PROVIDED, HOWEVER, THAT SUCH FLEXIBLE TUITION RATE SHALL NOT VARY
 BY MORE THAN 1.5 TIMES FROM THE MINIMUM RATE WITHIN EACH TYPE OF TUITION
 RATE.   Notwithstanding any other provision of this paragraph, the trus-
 tees may authorize the setting of [a] separate [category] CATEGORIES  of
 tuition [rate] RATES AS FOLLOWS; "DISTANCE LEARNING RATE", that shall be
 greater  than  the  tuition rate for resident students and less than the
 tuition rate for non-resident students, only for  students  enrolled  in
 distance  learning courses who are not residents of the state, AND "HIGH
 DEMAND CERTIFICATE PROGRAM RATE", THAT SHALL BE SET AT  A  LEVEL  DEEMED
 APPROPRIATE UPON RECOMMENDATION OF THE CHANCELLOR OF THE CITY UNIVERSITY
 OF  NEW  YORK  AND APPROVED BY THE BOARD OF TRUSTEES WHICH RATE SHALL BE
 LOWER THAN STANDARD  RATES  OF  TUITION,  FOR  IDENTIFIED  CERTIFICATION
 PROGRAMS  TO  BE RECOMMENDED BY THE CHANCELLOR OF THE CITY UNIVERSITY OF
 NEW YORK; provided, however, that:
   (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
 academic  year  and  ending  in  the  two thousand fifteen--two thousand
 sixteen academic year, the city university of New York board of trustees
 shall be empowered  to  increase  the  resident  undergraduate  rate  of
 tuition  by not more than three hundred dollars over the resident under-
 graduate rate of tuition adopted by the board of trustees in  the  prior
 academic  year,  provided  however that commencing with the two thousand
 eleven--two thousand twelve academic year and ending with the two  thou-
 sand  sixteen--two  thousand seventeen academic year if the annual resi-
 dent undergraduate rate of tuition would exceed five  thousand  dollars,
 then  a  tuition  credit  for  each  eligible student, as determined and
 calculated by the New York state higher education  services  corporation
 pursuant  to section six hundred eighty-nine-a of this chapter, shall be
 applied toward the tuition charged for each semester, quarter or term of
 study. Tuition for each semester, quarter or term of study shall not  be
 due  for  any  student eligible to receive such tuition credit until the
 tuition credit is calculated and applied against the tuition charged for
 the corresponding semester, quarter or term.
   (ii) Commencing with the two thousand seventeen--two thousand eighteen
 academic year and ending in the two thousand twenty--two thousand  twen-
 ty-one  academic  year the city university of New York board of trustees
 shall be empowered  to  increase  the  resident  undergraduate  rate  of
 tuition  by  not  more than two hundred dollars over the resident under-
 graduate rate of tuition adopted by the board of trustees in  the  prior
 academic  year, provided however that if the annual resident undergradu-
 ate rate of tuition would exceed five thousand dollars, then  a  tuition
 credit  for  each  eligible student, as determined and calculated by the
 New York state higher education services corporation pursuant to section
 six hundred eighty-nine-a of this  [title]  CHAPTER,  shall  be  applied
 toward  the tuition charged for each semester, quarter or term of study.
 Tuition for each semester, quarter or term of study shall not be due for
 any student eligible to receive such tuition credit  until  the  tuition
 credit  is  calculated  and  applied against the tuition charged for the
 corresponding semester, quarter or  term.  Provided,  further  that  the
 revenue resulting from an increase in the rate of tuition shall be allo-
 cated  to  each campus pursuant to a plan approved by the board of trus-
 tees to support  investments  in  new  classroom  faculty,  instruction,
 initiatives  to  improve  student  success  and on-time completion and a
 tuition credit for each eligible student.
   (iii) COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWEN-
 TY-TWO  ACADEMIC  YEAR  AND  ENDING IN THE TWO THOUSAND TWENTY-FOUR--TWO

 S. 2506--A                         55                         A. 3006--A
 
 THOUSAND TWENTY-FIVE ACADEMIC YEAR, UPON RECOMMENDATION OF THE  CHANCEL-
 LOR  OF THE CITY UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK
 BOARD OF TRUSTEES SHALL BE EMPOWERED TO APPROVE AN INCREASE OF THE RESI-
 DENT  UNDERGRADUATE RATE OF TUITION BY NOT MORE THAN TWO HUNDRED DOLLARS
 OVER THE RESIDENT UNDERGRADUATE RATE OF TUITION ADOPTED BY THE BOARD  OF
 TRUSTEES  IN  THE  PRIOR  ACADEMIC  YEAR; PROVIDED, HOWEVER, THAT IF THE
 ANNUAL RESIDENT UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND
 DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS  DETERMINED
 AND  CALCULATED  BY  THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPO-
 RATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A  OF  THIS  CHAPTER,
 SHALL  BE  APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMESTER, QUARTER
 OR TERM OF STUDY.  TUITION FOR EACH SEMESTER, QUARTER OR TERM  OF  STUDY
 SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT
 UNTIL  THE  TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE TUITION
 CHARGED FOR THE  CORRESPONDING  SEMESTER,  QUARTER  OR  TERM.  PROVIDED,
 FURTHER  THAT  THE  REVENUE  RESULTING  FROM  AN INCREASE IN THE RATE OF
 TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN APPROVED BY
 THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN NEW  CLASSROOM  FACULTY,
 INSTRUCTION,   INITIATIVES   TO  IMPROVE  STUDENT  SUCCESS  AND  ON-TIME
 COMPLETION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
   (IV) On or before November thirtieth, two thousand  [seventeen]  TWEN-
 TY-ONE,  the  trustees  shall  approve  and  submit to the chairs of the
 assembly ways and means committee and the senate finance  committee  and
 to  the  director  of the budget a master tuition plan setting forth the
 tuition rates that  the  trustees  propose  for  resident  undergraduate
 students  for  the  four  year  period  commencing with the two thousand
 [seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year
 and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen-
 ty-one] TWENTY-FIVE academic year, and shall submit any proposed  amend-
 ments  to such plan by November thirtieth of each subsequent year there-
 after through November thirtieth, two thousand [twenty] TWENTY-FOUR.
   [(iv)] (V) Beginning in state fiscal  year  two  thousand  twelve--two
 thousand  thirteen and ending in state fiscal year two thousand fifteen-
 -two thousand sixteen, the state shall appropriate  and  make  available
 state support for operating expenses, including fringe benefits, for the
 city  university  in an amount not less than the amount appropriated and
 made available in the prior state fiscal year; provided,  however,  that
 if the governor declares a fiscal emergency, and communicates such emer-
 gency to the temporary president of the senate and speaker of the assem-
 bly,  state  support  for operating expenses of the state university and
 city university may be reduced in a manner proportionate to one another,
 and the aforementioned provisions shall not apply.
   [(v)] (VI) Beginning in state fiscal year two thousand  seventeen--two
 thousand  eighteen and ending in state fiscal year two thousand twenty--
 two thousand twenty-one, the state shall appropriate and make  available
 general  fund operating support, including fringe benefits, for the city
 university in an amount not less than the amount appropriated  and  made
 available in the prior state fiscal year; provided, however, that if the
 governor declares a fiscal emergency, and communicates such emergency to
 the temporary president of the senate and speaker of the assembly, state
 support  for operating expenses at the state university and city univer-
 sity may be reduced in a manner proportionate to one  another,  and  the
 aforementioned  provisions  shall not apply; provided further, the state
 shall appropriate and make available general fund support to fully  fund
 the  tuition  credit  pursuant to subdivision two of section six hundred
 sixty-nine-h of this chapter.

 S. 2506--A                         56                         A. 3006--A
 
   (VII) BEGINNING IN STATE  FISCAL  YEAR  TWO  THOUSAND  TWENTY-ONE--TWO
 THOUSAND  TWENTY-TWO  AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN-
 TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND  MAKE
 AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR
 THE  CITY  UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED
 AND MADE AVAILABLE IN THE PRIOR STATE FISCAL  YEAR;  PROVIDED,  HOWEVER,
 THAT  IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH
 EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND  SPEAKER  OF  THE
 ASSEMBLY,  STATE  SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY
 AND CITY UNIVERSITY MAY BE REDUCED IN  A  MANNER  PROPORTIONATE  TO  ONE
 ANOTHER,  AND  THE  AFOREMENTIONED  PROVISIONS SHALL NOT APPLY; PROVIDED
 FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE  AVAILABLE  GENERAL  FUND
 SUPPORT  TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF
 SECTION SIX HUNDRED SIXTY-NINE-H OF THIS CHAPTER.
   § 3. Section 16 of chapter 260 of  the  laws  of  2011,  amending  the
 education  law  and the New York state urban development corporation act
 relating to establishing components of the NY-SUNY 2020 challenge  grant
 program,  as  amended by section 5 of part JJJ of chapter 59 of the laws
 of 2017, is amended to read as follows:
   § 16. This act shall take effect July 1, 2011; provided that  sections
 one,  two,  three, four, five, six, eight, nine, ten, eleven, twelve and
 thirteen of this act shall expire [10] 14  years  after  such  effective
 date  when  upon  such  date  the provisions of this act shall be deemed
 repealed; and provided further that sections  fourteen  and  fifteen  of
 this  act  shall expire 5 years after such effective date when upon such
 date the provisions of this act shall be deemed repealed.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  subparagraph  4  of paragraph h of subdivision 2 of
 section 355 of the education law made by section one of this act and the
 amendments to paragraph (a) of subdivision 7  of  section  6206  of  the
 education law made by section two of this act shall not affect the expi-
 ration  of such paragraph and subparagraph and shall be deemed to expire
 therewith.
 
                                  PART F
 
   Section 1. Notwithstanding any provision of law or regulation  to  the
 contrary, for purposes of an award made pursuant to subparts 2 through 4
 of  part 2 of article 14 of the education law in the 2019--2020 or 2020-
 -2021 academic years, any semester, quarter or term that a recipient  of
 such an award is unable to complete as a result of the COVID-19 pandemic
 state  disaster  emergency  declared  March  7,  2020, as certified by a
 college or university and approved by the New York state  higher  educa-
 tion  services  corporation,  shall  not  be  considered for purposes of
 determining the maximum duration of such award for that  recipient,  and
 provided  further that no such recipient shall suffer a reduction in the
 original award amount granted pursuant to such subparts in such academic
 years solely due to inability to complete any semester, quarter or  term
 as  a  result of the COVID-19 pandemic state disaster emergency declared
 March 7, 2020, as certified by a college or university and  approved  by
 the New York state higher education services corporation.
   § 2. This act shall take effect immediately.
 
                                  PART G

 S. 2506--A                         57                         A. 3006--A
 
   Section  1.    Subdivision 2 of section 669-h of the education law, as
 amended by section 1 of part T of chapter 56 of the  laws  of  2018,  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-one]  TWENTY-THREE--two  thou-
 sand  [twenty-two] TWENTY-FOUR academic year and every [four years] YEAR
 thereafter, the undergraduate tuition  charged  by  the  institution  to
 recipients  of  an award shall be reset to equal the tuition rate estab-
 lished by the institution 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 1 of section 504 of the executive law, as added
 by chapter 465 of the laws of 1992, is amended to read as follows:
   1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall operate
 and maintain secure, AND limited secure [and non-secure facilities]  AND
 MAY  IN ITS SOLE DISCRETION OPERATE A NON-SECURE FACILITY, for the care,
 custody, treatment, housing, education, rehabilitation and  guidance  of
 youth  placed with or committed to the [division] OFFICE OF CHILDREN AND
 FAMILY SERVICES.
   § 2. Subdivision 5 of section 507-a of the executive law is REPEALED.
   § 3. (a) Notwithstanding the time period required for notice  pursuant
 to  subdivision  15  of  section 501 of the executive law, the office of
 children and family services is authorized to close the Brentwood  Resi-

 S. 2506--A                         58                         A. 3006--A
 
 dential  Center,  Red  Hook  Residential  Center,  Columbia Girls Secure
 Center and Goshen Secure Center. At least six months prior to taking any
 such action, the commissioner of such office  shall  provide  notice  of
 such  action  to the speaker of the assembly and the temporary president
 of the senate and shall post such notice upon its public website.
   (b) The commissioner of the office of  children  and  family  services
 shall be authorized to conduct any and all preparatory actions which may
 be required to effectuate such closures.
   § 4. This act shall take effect immediately.
 
                                  PART I
 
   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, is amended to read as follows:
   § 3. This act shall take effect immediately [and shall expire  and  be
 deemed  repealed April 1, 2021]; 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 and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2021.
 
                                  PART J
 
   Section  1.  Section  9  of  part G of chapter 57 of the laws of 2013,
 amending the executive law and  the  social  services  law  relating  to
 consolidating  the  youth development and delinquency prevention program
 and the special delinquency prevention program, as amended by section  1
 of  part  I  of  chapter  56  of the laws of 2018, is amended to read as
 follows:
   § 9. This act shall take effect January 1, 2014 [and shall expire  and
 be deemed repealed on December 31, 2021].
   § 2.  This act shall take effect immediately.
 
                                  PART K
 
   Section  1.  Section  4  of  part K of chapter 57 of the laws of 2012,
 amending the education law, relating to authorizing the board of cooper-
 ative educational services to enter into contracts with the commissioner
 of children and family services to provide certain services, as  amended
 by  section 1 of part J of chapter 56 of the laws of 2018, is amended to
 read as follows:
   § 4. This act shall take effect July 1, 2012 [and  shall  expire  June
 30,  2021 when upon such date the provisions of this act shall be deemed
 repealed].
   § 2. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. The opening paragraph of paragraph (g) of subdivision 3  of
 section  358-a of the social services law is designated subparagraph (i)
 and new subparagraph (ii) is added to read as follows:
   (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  THE  COMMIS-
 SIONER  OF  A  LOCAL  SOCIAL  SERVICES  DISTRICT IN ACCORDANCE WITH THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED

 S. 2506--A                         59                         A. 3006--A
 
 IN SECTION FOUR HUNDRED NINE-H OF THIS CHAPTER, AND WHERE  SUCH  CHILD'S
 INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR
 AFTER  SEPTEMBER  TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF
 NOTICE  REQUIRED  PURSUANT  TO  SUBPARAGRAPH  (I)  OF THIS PARAGRAPH AND
 MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A
 HEARING IN ACCORDANCE WITH SECTION THREE HUNDRED  NINETY-THREE  OF  THIS
 CHAPTER.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY,
 SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY  DAYS  FROM  THE  DATE  THE
 PLACEMENT  OF  THE  CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 COMMENCED.
   § 1-a. Section 371 of the social services law is amended by  adding  a
 new subdivision 22 to read as follows:
   22.  "SUPERVISED  SETTING"  SHALL  MEAN A RESIDENTIAL PLACEMENT IN THE
 COMMUNITY APPROVED AND SUPERVISED BY AN AUTHORIZED AGENCY OR  THE  LOCAL
 SOCIAL  SERVICES  DISTRICT  IN  ACCORDANCE  WITH  THE REGULATIONS OF THE
 OFFICE OF CHILDREN AND FAMILY SERVICES TO PROVIDE A TRANSITIONAL EXPERI-
 ENCE FOR OLDER YOUTH IN WHICH  SUCH  YOUTH  MAY  LIVE  INDEPENDENTLY.  A
 SUPERVISED  SETTING  INCLUDES,  BUT  IS  NOT  LIMITED TO, PLACEMENT IN A
 SUPERVISED INDEPENDENT LIVING PROGRAM, AS DEFINED IN  SUBDIVISION  TWEN-
 TY-ONE OF THIS SECTION.
   §  1-b.  Paragraph (c) of subdivision 2 of section 383-a of the social
 services law, as added by section 5 of part M of chapter 54 of the  laws
 of 2016, is amended to read as follows:
   (c)  "Child care facility" shall mean an institution, group residence,
 group home,  agency  operated  boarding  home,  or  supervised  SETTING,
 INCLUDING A SUPERVISED independent living program.
   § 2. The social services law is amended by adding a new section 393 to
 read as follows:
   § 393. COURT  APPROVAL  OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
 MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
 IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH,  TWO  THOUSAND  TWENTY-ONE
 AND  RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN
 SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, AND WHOSE CARE AND  CUSTODY
 WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT
 IN  ACCORDANCE WITH SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAPTER,
 OR WHOSE CUSTODY AND GUARDIANSHIP WERE TRANSFERRED TO  THE  COMMISSIONER
 OF  A  LOCAL  SOCIAL  SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE
 HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED EIGHTY-FOUR-B OF THIS TITLE.
   2. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFER-
 ENCED IN SUBDIVISION ONE OF THIS  SECTION  IN  A  QUALIFIED  RESIDENTIAL
 TREATMENT PROGRAM, THE COURT SHALL:
   (I)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
 THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THIS
 ARTICLE;
   (II) DETERMINE WHETHER THE NEEDS OF  THE  CHILD  CAN  BE  MET  THROUGH
 PLACEMENT  IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE
 CHILD IN A QUALIFIED RESIDENTIAL TREATMENT  PROGRAM  PROVIDES  THE  MOST
 EFFECTIVE  AND  APPROPRIATE  LEVEL  OF  CARE  FOR THE CHILD IN THE LEAST
 RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT  IS  CONSISTENT  WITH
 THE  SHORT-TERM  AND  LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE
 CHILD'S PERMANENCY PLAN; AND
   (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A  QUALIFIED
 RESIDENTIAL  TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL  DETER-
 MINES  THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT-
 MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS  SET  IN  ACCORDANCE

 S. 2506--A                         60                         A. 3006--A
 
 WITH  SECTION  FOUR  HUNDRED  NINE-H OF THIS ARTICLE, THE COURT MAY ONLY
 APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED  RESIDENTIAL  TREAT-
 MENT PROGRAM IF:
   (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
   (1)  EXTENUATING  CIRCUMSTANCES  EXIST  THAT NECESSITATE THE CONTINUED
 PLACEMENT OF THE CHILD IN THE QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM
 DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL;
   (2)  THERE  IS  NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
 CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (3) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL  PROGRAM  IS
 IN  THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUALIFIED INDI-
 VIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING  IS  NOT  APPROPRIATE;
 AND
   (B)  THE  COURT'S  WRITTEN  ORDER  STATES THE SPECIFIC REASONS WHY THE
 COURT HAS MADE THE FINDINGS REQUIRED PURSUANT  TO  CLAUSE  (A)  OF  THIS
 SUBPARAGRAPH.
   (IV)  IF  THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL  DETERMINES
 THAT  SUCH  PLACEMENT  IS  NOT  APPROPRIATE  UNDER  THE STANDARDS SET IN
 ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE,  THE  COURT
 SHALL  HOLD  A  HEARING  TO  REVIEW WHETHER THE PLACEMENT IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S BEST INTER-
 EST WITHIN THIRTY DAYS OF SUCH APPROVAL.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
 EXISTING GOVERNING PLACEMENT ORDER OF  THE  COURT  REGARDING  THE  CHILD
 WOULD  NOT  PERMIT  THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD
 FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY  SECTION
 FOUR  HUNDRED  NINE-H OF THIS ARTICLE, THE COURT SHALL ISSUE A NEW ORDER
 WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING  PLACED  IN  A  DIFFERENT
 SETTING.  IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMP-
 TION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN  AVAILABLE
 FOSTER  FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE COURT
 MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD IN: (I) AN
 AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN  SECTION  THREE
 HUNDRED  SEVENTY-ONE  OF THIS TITLE; (II) IF THE CHILD HAS BEEN FOUND TO
 BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED  IN
 SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THIS ARTICLE, A
 SETTING  PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY
 EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING  PRENATAL,
 POST-PARTUM,  OR  PARENTING  SUPPORTS  FOR  YOUTH;  OR (IV) AN AVAILABLE
 PROGRAM LICENSED OR CERTIFIED BY  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  OTHER  THAN  A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING
 DEEMED NOT APPROPRIATE FOR THE CHILD.
   3. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
   4. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN  THIS  SECTION  SHALL
 PROHIBIT  THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM FROM OCCURRING AT THE SAME  TIME  AS  ANOTHER  HEARING
 SCHEDULED  FOR  SUCH  CHILD,  INCLUDING  BUT  NOT LIMITED TO THE CHILD'S
 DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED
 WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
   § 2-a. Subparagraph 1 of paragraph (g) of subdivision 6  and  subdivi-
 sion  10  of  section  398 of the social services law, subparagraph 1 of
 paragraph (g) of subdivision 6 as amended by chapter 3 of  the  laws  of
 2012  and  subdivision 10 as amended by chapter 563 of the laws of 1986,
 are amended to read as follows:

 S. 2506--A                         61                         A. 3006--A
 
   (1) Place children in its care and custody or its custody and  guardi-
 anship,  in  suitable  instances,  in SUPERVISED SETTINGS, family homes,
 agency boarding homes, group homes  or  institutions  under  the  proper
 safeguards.  Such  placements can be made either directly, or through an
 authorized  agency,  except  that,  direct placements in agency boarding
 homes or group homes may be made by the social services district only if
 the office of children and family services has authorized  the  district
 to operate such homes in accordance with the provisions of section three
 hundred  seventy-four-b  of  this [chapter] ARTICLE and only if suitable
 care is not otherwise available through an authorized agency  under  the
 control  of persons of the same religious faith as the child. Where such
 district places a child in [an] A SUPERVISED  SETTING,  agency  boarding
 home,  group home or institution, either directly, or through an author-
 ized agency, the district shall certify in  writing  to  the  office  of
 children  and  family  services, that such placement was made because it
 offers the most appropriate and least restrictive level of care for  the
 child, and, is more appropriate than a family foster home placement, or,
 that  such  placement is necessary because there are no qualified foster
 families available within the district who can care for  the  child.  If
 placements in agency boarding homes, group homes or institutions are the
 result  of  a  lack  of foster parents within a particular district, the
 office of children and family services shall  assist  such  district  to
 recruit  and  train  foster  parents.   Placements shall be made only in
 institutions visited, inspected and supervised in accordance with  title
 three  of article seven of this chapter and conducted in conformity with
 the applicable regulations of the supervising state agency in accordance
 with title three of article seven of this chapter. With the approval  of
 the  office  of children and family services, a social services district
 may place a child in its care and custody or its custody  and  guardian-
 ship  in a federally funded job corps program and may receive reimburse-
 ment for the approved costs of appropriate  program  administration  and
 supervision  pursuant to a plan developed by the department and approved
 by the director of the budget.
   10. Any provision of this chapter or any  other  law  notwithstanding,
 where a foster child for whom a social services official has been making
 foster  care  payments  is  in  A SUPERVISED SETTING, INCLUDING A FOSTER
 CHILD IN attendance at a college or university  away  from  his  OR  HER
 foster  family boarding home, group home, agency boarding home or insti-
 tution, a social services official may make  foster  payments,  [not  to
 exceed  the  amount  which  would  have  been paid to a foster parent on
 behalf of said child had the child been cared for  in  a  foster  family
 boarding  home]  AT A RATE TO BE DEVELOPED BY THE OFFICE OF CHILDREN AND
 FAMILY SERVICES, to such college or university,  PROVIDER  OF  ROOM  AND
 BOARD,  OR  YOUTH,  AS  APPROPRIATE,  in  lieu  of payment to the foster
 parents or authorized agency, for the purpose of room and board, if  not
 otherwise provided.
   §  3. The social services law is amended by adding a new section 409-h
 to read as follows:
   § 409-H. ASSESSMENT OF APPROPRIATENESS OF  PLACEMENT  IN  A  QUALIFIED
 RESIDENTIAL  TREATMENT  PROGRAM. 1. LEGISLATIVE INTENT. IT IS THE INTENT
 OF THE LEGISLATURE TO PROMOTE POLICIES TO PREVENT FOSTER CARE PLACEMENTS
 AND KEEP CHILDREN SAFELY AT HOME WITH THEIR FAMILIES AND, WHEN  THAT  IS
 NOT  POSSIBLE,  TO  UTILIZE  THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF
 CARE IN THE LEAST RESTRICTIVE  ENVIRONMENT  TO  SUPPORT  THE  CHILD,  AS
 DETERMINED  THROUGH A COMPREHENSIVE ASSESSMENT OF THE CHILD'S PARTICULAR
 STRENGTHS AND NEEDS.  IT IS ALSO THE INTENT OF THE LEGISLATURE TO PRIOR-

 S. 2506--A                         62                         A. 3006--A

 ITIZE HOME-BASED FOSTER CARE SETTINGS WHENEVER  POSSIBLE  THROUGH  IDEN-
 TIFICATION AND ENGAGEMENT OF KINSHIP RESOURCES AND INCREASED RECRUITMENT
 AND  RETENTION  OF FOSTER HOMES FOR CHILDREN WHO DO NOT HAVE APPROPRIATE
 KINSHIP RESOURCES.
   2.  (A)  NO  LATER  THAN  THIRTY DAYS OF THE START OF A PLACEMENT IN A
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM OF  A  CHILD  IN  THE  CARE  AND
 CUSTODY  OR  THE CUSTODY AND GUARDIANSHIP OF THE COMMISSIONER OF A LOCAL
 SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
 THAT OCCURS ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 A  QUALIFIED  INDIVIDUAL SHALL ASSESS THE APPROPRIATENESS OF SUCH PLACE-
 MENT UTILIZING AN AGE-APPROPRIATE, EVIDENCE-BASED, VALIDATED, FUNCTIONAL
 ASSESSMENT TOOL APPROVED BY THE FEDERAL  GOVERNMENT  FOR  SUCH  PURPOSE.
 SUCH  ASSESSMENT  SHALL  BE  IN  ACCORDANCE  WITH  42 UNITED STATES CODE
 SECTIONS 672 AND 675A AND THE STATE'S APPROVED TITLE IV-E STATE PLAN AND
 SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) AN ASSESSMENT OF THE STRENGTHS
 AND NEEDS OF THE CHILD; AND (II) A DETERMINATION OF THE  MOST  EFFECTIVE
 AND  APPROPRIATE  LEVEL  OF  CARE FOR THE CHILD IN THE LEAST RESTRICTIVE
 SETTING, INCLUDING WHETHER THE NEEDS OF THE CHILD CAN BE MET WITH FAMILY
 MEMBERS OR THROUGH PLACEMENT IN A FOSTER FAMILY HOME, OR  IN  A  SETTING
 SPECIFIED  IN  PARAGRAPH  (C)  OF  THIS SUBDIVISION, CONSISTENT WITH THE
 SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD AS SPECIFIED IN THE CHILD'S
 PERMANENCY PLAN.  SUCH ASSESSMENT SHALL BE COMPLETED IN CONJUNCTION WITH
 THE FAMILY AND PERMANENCY TEAM ESTABLISHED PURSUANT TO PARAGRAPH (B)  OF
 THIS SUBDIVISION.  TO THE EXTENT FEDERALLY ALLOWABLE, THE ASSESSMENT MAY
 OCCUR  PRIOR  TO  THE  PLACEMENT  IN THE QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM.
   (B) THE FAMILY AND PERMANENCY TEAM SHALL CONSIST  OF  ALL  APPROPRIATE
 BIOLOGICAL  FAMILY  MEMBERS, RELATIVES, AND FICTIVE KIN OF THE CHILD, AS
 WELL AS, AS APPROPRIATE, PROFESSIONALS WHO ARE A RESOURCE TO THE  FAMILY
 OF  THE CHILD, INCLUDING BUT NOT LIMITED TO, TEACHERS, MEDICAL OR MENTAL
 HEALTH PROVIDERS WHO HAVE TREATED THE CHILD, OR CLERGY.  IN THE CASE  OF
 A  CHILD WHO HAS ATTAINED THE AGE OF FOURTEEN, THE FAMILY AND PERMANENCY
 TEAM SHALL INCLUDE THE MEMBERS OF THE PERMANENCY PLANNING TEAM  FOR  THE
 CHILD  IN  ACCORDANCE  WITH  42  UNITED  STATES CODE SECTION 675 AND THE
 STATE'S APPROVED TITLE IV-E STATE PLAN.
   (C) WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE CHILD  MAY  NOT
 BE PLACED IN A FOSTER FAMILY HOME, THE QUALIFIED INDIVIDUAL MUST SPECIFY
 IN  WRITING  THE REASONS WHY THE NEEDS OF THE CHILD CANNOT BE MET BY THE
 CHILD'S FAMILY OR IN A FOSTER FAMILY HOME AND WHY SUCH  A  PLACEMENT  IS
 NOT  THE  MOST  EFFECTIVE  AND APPROPRIATE LEVEL OF CARE FOR SUCH CHILD.
 SUCH DETERMINATION SHALL INCLUDE WHETHER THE NEEDS OF THE CHILD  CAN  BE
 MET THROUGH PLACEMENT IN:
   (I)  AN  AVAILABLE  SUPERVISED  SETTING,  AS  SUCH  TERM IS DEFINED IN
 SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE;
   (II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF  BECOMING,  A
 SEXUALLY  EXPLOITED  CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR
 HUNDRED FORTY-SEVEN-A OF THIS ARTICLE, A SETTING  PROVIDING  RESIDENTIAL
 CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN;
   (III)  A  SETTING  SPECIALIZING  IN PROVIDING PRENATAL, POST-PARTUM OR
 PARENTING SUPPORTS FOR YOUTH; OR
   (IV) A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
   3. WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE
 CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM  IS  NOT  APPROPRIATE
 UNDER THE STANDARDS SET PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE
 LOCAL  SOCIAL  SERVICES  DISTRICT  OR  THE OFFICE OF CHILDREN AND FAMILY
 SERVICES WITH LEGAL CUSTODY OF THE CHILD,  TO  THE  EXTENT  PRACTICABLE,

 S. 2506--A                         63                         A. 3006--A
 
 SHALL  REMOVE  SUCH CHILD FROM A QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 WITHIN THIRTY DAYS, AND IF PLACEMENT OF THE CHILD IS TO CONTINUE,  PLACE
 SAID  CHILD  WITH  FAMILY MEMBERS OR IN AN AVAILABLE FOSTER FAMILY HOME;
 HOWEVER,  IF  IN  THE  CHILD'S BEST INTEREST, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES OR SOCIAL SERVICES DISTRICT MAY ALSO PLACE THE CHILD  IN
 A  SETTING SPECIFIED IN PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION
 OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING DEEMED  NOT
 APPROPRIATE FOR THE CHILD.
   4.  AS  USED IN THE SECTION, "QUALIFIED RESIDENTIAL TREATMENT PROGRAM"
 MEANS A PROGRAM THAT IS  A  NON-FOSTER  FAMILY  RESIDENTIAL  PROGRAM  IN
 ACCORDANCE  WITH  42  UNITED  STATE  CODE  SECTION  672  AND THE STATE'S
 APPROVED TITLE IV-E STATE PLAN.
   5. AS USED IN  THIS  SECTION,  "QUALIFIED  INDIVIDUAL"  SHALL  MEAN  A
 TRAINED  PROFESSIONAL OR LICENSED CLINICIAN ACTING WITHIN THEIR SCOPE OF
 PRACTICE WHO SHALL HAVE CURRENT OR PREVIOUS RELEVANT EXPERIENCE  IN  THE
 CHILD  WELFARE FIELD AND WHO DOES NOT HAVE A DIRECT ROLE IN CASE MANAGE-
 MENT OR CASE PLANNING DECISION MAKING AUTHORITY FOR THE CHILD  FOR  WHOM
 SUCH  ASSESSMENT IS BEING CONDUCTED, IN ACCORDANCE WITH 42 UNITED STATES
 CODE SECTION 672 AND THE STATE'S APPROVED TITLE IV-E STATE PLAN.
   § 4. The family court act is amended by adding a new section 353.7  to
 read as follows:
   § 353.7. PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS. 1. THE
 PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR
 AFTER  SEPTEMBER  TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM,  AS  DEFINED  IN  SECTION  FOUR
 HUNDRED  NINE-H  OF  THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY
 WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR  THE  OFFICE  OF
 CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE.
   2.  (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
 SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT
 TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR  OFFICE  SHALL  REPORT
 ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALIFIED RESIDENTIAL
 TREATMENT  PROGRAM  AS  DEFINED  IN  SECTION  FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW TO THE COURT AND  THE  ATTORNEYS  FOR  THE  PARTIES,
 INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN
 ONE  BUSINESS  DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT
 IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE  ACTUAL  DATE  THE
 PLACEMENT  CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI-
 CATE THE DATE THAT THE INITIAL  PLACEMENT  OR  CHANGE  IN  PLACEMENT  IS
 ANTICIPATED  TO  OCCUR  OR  THE  DATE  THE PLACEMENT CHANGE OCCURRED, AS
 APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED  DATE
 FOR  THE  PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE
 SHALL SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR  THE  PARTIES,
 INCLUDING  THE  ATTORNEY  FOR  THE RESPONDENT, OF THE DATE THE PLACEMENT
 CHANGE OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS  DAY
 FOLLOWING THE PLACEMENT CHANGE.
   (B)  WHEN  A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL
 SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
 IN  ACCORDANCE  WITH  THIS  ARTICLE  RESIDES  IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM AS DEFINED IN  SECTION  FOUR  HUNDRED  NINE-H  OF  THE
 SOCIAL  SERVICES  LAW,  AND WHERE SUCH RESPONDENT'S INITIAL PLACEMENT OR
 CHANGE IN PLACEMENT IN  SUCH  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM
 COMMENCED  ON  OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF
 CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE  RESPONDENT,  THE

 S. 2506--A                         64                         A. 3006--A
 
 COURT  SHALL  SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF
 THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRA-
 RY,  SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE
 PLACEMENT  OF  THE  RESPONDENT  IN  THE  QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM COMMENCED.
   3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF  A  RESPONDENT
 REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM, THE COURT SHALL:
   (I)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
 THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF  THE
 SOCIAL SERVICES LAW;
   (II)  DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH
 PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF  THE
 RESPONDENT  IN  A  QUALIFIED  RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
 MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT  IN  THE
 LEAST  RESTRICTIVE  ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT
 WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS  SPECIFIED
 IN THE RESPONDENT'S PERMANENCY PLAN; AND
   (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
 IFIED  RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY,  WHERE  A  QUALIFIED  INDIVIDUAL
 DETERMINES  THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN-
 TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER  THE  STANDARDS  SET  IN
 ACCORDANCE  WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
 THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM IF:
   (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
   (1) EXTENUATING CIRCUMSTANCES EXIST  THAT  NECESSITATE  THE  CONTINUED
 PLACEMENT  OF  THE  RESPONDENT  IN  THE  QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL;
   (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT  CAN  MEET  THE
 RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (3)  THAT  CONTINUED  PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM SERVES THE RESPONDENT'S NEEDS AND BEST INTERESTS OR THE NEED FOR
 PROTECTION OF THE COMMUNITY DESPITE THE FINDING BY THE  QUALIFIED  INDI-
 VIDUAL  THAT THE RESPONDENT'S PLACEMENT IN SUCH SETTING IS NOT APPROPRI-
 ATE; AND
   (B) THE COURT'S WRITTEN ORDER STATES  THE  SPECIFIC  REASONS  WHY  THE
 COURT  HAS  MADE  THE  FINDINGS  REQUIRED PURSUANT TO CLAUSE (A) OF THIS
 SUBPARAGRAPH.
   (IV) IF THE COURT APPROVES THE PLACEMENT OF THE RESPONDENT IN A QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETER-
 MINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET  IN
 ACCORDANCE  WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
 THE COURT SHALL HOLD A HEARING TO REVIEW  WHETHER  THE  PLACEMENT  IN  A
 QUALIFIED  RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE RESPOND-
 ENT'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
 EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT
 WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT  OR  THE  OFFICE  TO
 MOVE  THE RESPONDENT FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS
 REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,  THE
 COURT  SHALL  ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH RESPONDENT
 FROM BEING PLACED IN A DIFFERENT SETTING. IF  THE  COURT  ISSUES  A  NEW
 PLACEMENT  ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE
 RESPONDENT TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER,  IF

 S. 2506--A                         65                         A. 3006--A

 IN  THE  RESPONDENT'S  BEST  INTEREST, THE COURT MAY ALSO ISSUE AN ORDER
 PERMITTING THE PLACEMENT OF THE RESPONDENT IN:
   (I)  AN  AVAILABLE  SUPERVISED  SETTING,  AS  SUCH  TERM IS DEFINED IN
 SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
   (II) IF THE RESPONDENT HAS BEEN FOUND TO BE, OR IS AT RISK  OF  BECOM-
 ING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION
 FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVID-
 ING  RESIDENTIAL  CARE  AND  SUPPORTIVE  SERVICES FOR SEXUALLY EXPLOITED
 CHILDREN;
   (III) A SETTING SPECIALIZING IN PROVIDING  PRENATAL,  POST-PARTUM,  OR
 PARENTING SUPPORTS FOR YOUTH; OR
   (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
 DREN  AND  FAMILY  SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE RESPONDENT.
   4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
   5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN  THIS  SECTION  SHALL
 PROHIBIT  THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM FROM OCCURRING AT THE SAME  TIME  AS  ANOTHER  HEARING
 SCHEDULED FOR SUCH RESPONDENT, INCLUDING BUT NOT LIMITED TO THE RESPOND-
 ENT'S  DISPOSITIONAL  OR  PERMANENCY  HEARING, PROVIDED SUCH APPROVAL IS
 COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
   § 5. Section 355.5 of the family court act is amended by adding a  new
 subdivision 10 to read as follows:
   10.  WHERE  THE  RESPONDENT  REMAINS PLACED IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM, AS DEFINED IN SECTION  FOUR  HUNDRED  NINE-H  OF  THE
 SOCIAL  SERVICES  LAW,  THE  COMMISSIONER  OF  THE LOCAL SOCIAL SERVICES
 DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTO-
 DY OF THE RESPONDENT SHALL SUBMIT EVIDENCE  AT  THE  PERMANENCY  HEARING
 WITH RESPECT TO THE RESPONDENT:
   (A)  DEMONSTRATING  THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
 OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT  IN  A  FOSTER  FAMILY
 HOME,  THAT  THE  PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 PROVIDES THE MOST EFFECTIVE  AND  APPROPRIATE  LEVEL  OF  CARE  FOR  THE
 RESPONDENT  IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT
 IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR  THE  RESPOND-
 ENT, AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN;
   (B)  DOCUMENTING THE SPECIFIC TREATMENT AND SERVICE NEEDS THAT WILL BE
 MET FOR THE RESPONDENT IN THE PLACEMENT  AND  THE  LENGTH  OF  TIME  THE
 RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
   (C) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT
 OR  THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE
 RESPONDENT TO PREPARE THE RESPONDENT TO RETURN HOME,  OR  TO  BE  PLACED
 WITH  A  FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR
 IN A FOSTER FAMILY HOME.
   § 6. Section 756-a of the family court act is amended by adding a  new
 subdivision (h) to read as follows:
   (H)  WHERE  THE  RESPONDENT  REMAINS PLACED IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM, AS DEFINED IN SECTION  FOUR  HUNDRED  NINE-H  OF  THE
 SOCIAL  SERVICES  LAW,  THE  COMMISSIONER  OF  THE LOCAL SOCIAL SERVICES
 DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT SHALL SUBMIT  EVIDENCE  AT
 THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT:
   (I)  DEMONSTRATING  THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
 OF THE RESPONDENT CONTINUES TO SUPPORT THE DETERMINATION THAT THE  NEEDS
 OF  THE  RESPONDENT  CANNOT  BE MET THROUGH PLACEMENT IN A FOSTER FAMILY
 HOME, THAT THE PLACEMENT IN A QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM

 S. 2506--A                         66                         A. 3006--A
 
 PROVIDES  THE  MOST  EFFECTIVE  AND  APPROPRIATE  LEVEL  OF CARE FOR THE
 RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE  PLACEMENT
 IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS OF THE RESPONDENT,
 AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN;
   (II)  DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE
 MET FOR THE RESPONDENT IN THE PLACEMENT  AND  THE  LENGTH  OF  TIME  THE
 RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
   (III)  DOCUMENTING  THE  EFFORTS  MADE  BY  THE  LOCAL SOCIAL SERVICES
 DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE  RESPONDENT
 TO  RETURN  HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL
 GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME.
   § 7. The family court act is amended by adding a new section 756-b  to
 read as follows:
   § 756-B. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
 MENT  PROGRAM.  1.  THE  PROVISIONS  OF  THIS SECTION SHALL APPLY WHEN A
 RESPONDENT IS PLACED ON OR AFTER SEPTEMBER  TWENTY-NINTH,  TWO  THOUSAND
 TWENTY-ONE  AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
 DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES  LAW,  AND
 WHOSE  CARE  AND  CUSTODY  WERE  TRANSFERRED  TO A LOCAL SOCIAL SERVICES
 DISTRICT IN ACCORDANCE WITH THIS PART.
   2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL  SOCIAL
 SERVICES  DISTRICT  PURSUANT TO THIS PART, SUCH SOCIAL SERVICES DISTRICT
 SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO  A  QUALI-
 FIED  RESIDENTIAL  TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED
 NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND  THE  ATTORNEYS  FOR
 THE  PARTIES,  INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT
 NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION  TO  PLACE
 THE  RESPONDENT  IN  THE  QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE
 ACTUAL DATE THE PLACEMENT CHANGE OCCURRED,  WHICHEVER  IS  SOONER.  SUCH
 NOTICE  SHALL  INDICATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN
 PLACEMENT IS ANTICIPATED TO OCCUR  OR  THE  DATE  THE  PLACEMENT  CHANGE
 OCCURRED,  AS  APPLICABLE.  PROVIDED,  HOWEVER,  IF SUCH NOTICE LISTS AN
 ANTICIPATED DATE FOR THE PLACEMENT CHANGE,  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT  SHALL  SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR THE
 PARTIES, INCLUDING THE ATTORNEY FOR THE  RESPONDENT,  OF  THE  DATE  THE
 PLACEMENT  CHANGE  OCCURRED;  SUCH  NOTICE SHALL OCCUR NO LATER THAN ONE
 BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
   (B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  A  LOCAL
 SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART RESIDES IN A QUAL-
 IFIED  RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED
 NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH  RESPONDENT'S  INITIAL
 PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
 TY-ONE,  UPON  RECEIPT  OF  NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES  DISTRICT,  THE
 COURT  SHALL  SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF
 THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRA-
 RY,  SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE
 PLACEMENT OF THE  RESPONDENT  IN  THE  QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM COMMENCED.
   3.  (A)  WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT
 REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM, THE COURT SHALL:
   (I) CONSIDER THE ASSESSMENT, DETERMINATION AND DOCUMENTATION  MADE  BY
 THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW;

 S. 2506--A                         67                         A. 3006--A
 
   (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET  THROUGH
 PLACEMENT  IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE
 RESPONDENT IN A QUALIFIED RESIDENTIAL  TREATMENT  PROGRAM  PROVIDES  THE
 MOST  EFFECTIVE  AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
 LEAST  RESTRICTIVE  ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT
 WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS  SPECIFIED
 IN THE RESPONDENT'S PERMANENCY PLAN; AND
   (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
 IFIED  RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE  QUALIFIED  INDIVIDUAL
 DETERMINES  THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN-
 TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER  THE  STANDARDS  SET  IN
 ACCORDANCE  WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
 THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM IF:
   (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
   (1) EXTENUATING CIRCUMSTANCES EXIST  THAT  NECESSITATE  THE  CONTINUED
 PLACEMENT  OF  THE  RESPONDENT  IN  THE  QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL;
   (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT  CAN  MEET  THE
 RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (3)  THAT  IT WOULD BE CONTRARY TO THE WELFARE OF THE RESPONDENT TO BE
 PLACED IN A LESS RESTRICTIVE SETTING AND THAT CONTINUED PLACEMENT IN THE
 QUALIFIED RESIDENTIAL PROGRAM  IS  IN  THE  RESPONDENT'S  BEST  INTEREST
 DESPITE  THE  FINDING  BY THE QUALIFIED INDIVIDUAL THAT THE RESPONDENT'S
 PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND
   (B) THE COURT'S WRITTEN ORDER STATES  THE  SPECIFIC  REASONS  WHY  THE
 COURT  HAS  MADE  THE  FINDINGS  REQUIRED PURSUANT TO CLAUSE (A) OF THIS
 SUBPARAGRAPH.
   (IV) IF THE COURT APPROVES THE PLACEMENT OF THE RESPONDENT IN A QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETER-
 MINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET  IN
 ACCORDANCE  WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
 THE COURT SHALL HOLD A HEARING TO REVIEW  WHETHER  THE  PLACEMENT  IN  A
 QUALIFIED  RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE RESPOND-
 ENT'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
 EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT
 WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE RESPOND-
 ENT FROM THE QUALIFIED RESIDENTIAL  TREATMENT  PROGRAM  AS  REQUIRED  BY
 SECTION  FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL
 ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH  RESPONDENT  FROM  BEING
 PLACED  IN  A  DIFFERENT  SETTING.  IF  THE COURT ISSUES A NEW PLACEMENT
 ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE RESPONDENT
 TO BE PLACED IN AN AVAILABLE FOSTER FAMILY  HOME;  HOWEVER,  IF  IN  THE
 RESPONDENT'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING
 THE PLACEMENT OF THE RESPONDENT IN:
   (I)  AN  AVAILABLE  SUPERVISED  SETTING,  AS  SUCH  TERM IS DEFINED IN
 SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
   (II) IF THE RESPONDENT HAS BEEN FOUND TO BE, OR IS AT RISK  OF  BECOM-
 ING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION
 FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVID-
 ING  RESIDENTIAL  CARE  AND  SUPPORTIVE  SERVICES FOR SEXUALLY EXPLOITED
 CHILDREN;
   (III) A SETTING SPECIALIZING IN PROVIDING  PRENATAL,  POST-PARTUM,  OR
 PARENTING SUPPORTS FOR YOUTH; OR

 S. 2506--A                         68                         A. 3006--A
 
   (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
 DREN  AND  FAMILY  SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE RESPONDENT.
   4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
   5.  TO  THE  EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
 PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM  FROM  OCCURRING  AT THE SAME TIME AS ANOTHER HEARING
 SCHEDULED FOR SUCH RESPONDENT, INCLUDING BUT NOT LIMITED TO THE RESPOND-
 ENT'S DISPOSITIONAL OR PERMANENCY HEARING,  PROVIDED  SUCH  APPROVAL  IS
 COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
   §  8.  The  opening  paragraph of subdivision 5 of section 1017 of the
 family court act is designated paragraph (a) and a new paragraph (b)  is
 added to read as follows:
   (B)  WHEN  A  CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
 SIONER OF A LOCAL SOCIAL  SERVICES  DISTRICT  IN  ACCORDANCE  WITH  THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
 IN  SECTION  FOUR  HUNDRED  NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE
 SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT  IN  SUCH  PROGRAM
 COMMENCED  ON  OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL
 SCHEDULE A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND  FIFTY-FIVE-C
 OF  THIS  ARTICLE.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE
 CONTRARY, SUCH HEARING SHALL OCCUR NO LATER THAN  SIXTY  DAYS  FROM  THE
 DATE  THE  PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM COMMENCED.
   § 9. The opening paragraph of subdivision (j) of section 1055  of  the
 family court act is designated paragraph (i) and a new paragraph (ii) is
 added to read as follows:
   (II)  WHEN  A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
 SIONER OF A LOCAL SOCIAL  SERVICES  DISTRICT  IN  ACCORDANCE  WITH  THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
 IN  SECTION  FOUR  HUNDRED  NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE
 SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT  IN  SUCH  PROGRAM
 COMMENCED  ON  OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (I) OF THIS SUBDI-
 VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL
 SCHEDULE A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND  FIFTY-FIVE-C
 OF  THIS PART. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
 RY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE  THE
 PLACEMENT  OF  THE  CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 COMMENCED.
   § 10. The family court act is amended by adding a new  section  1055-c
 to read as follows:
   §   1055-C. COURT  APPROVAL  OF  PLACEMENT  IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN  A
 CHILD  IS  PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
 TY-ONE AND RESIDES IN A  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM,  AS
 DEFINED  IN  SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND
 WHOSE CARE AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF  A  LOCAL
 SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE.
   2. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
 IN  SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM, THE COURT SHALL:

 S. 2506--A                         69                         A. 3006--A

   (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
 THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW;
   (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
 MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD
 IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE
 AND  APPROPRIATE  LEVEL  OF  CARE FOR THE CHILD IN THE LEAST RESTRICTIVE
 ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM
 AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN-
 CY PLAN; AND
   (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD  IN  A  QUALIFIED
 RESIDENTIAL  TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL  DETER-
 MINES  THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT-
 MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS  SET  IN  ACCORDANCE
 WITH  SECTION  FOUR  HUNDRED NINE-H OF THE SOCIAL SERVICE LAW, THE COURT
 MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM IF:
   (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
   (A) EXTENUATING CIRCUMSTANCES EXIST  THAT  NECESSITATE  THE  CONTINUED
 PLACEMENT  OF  THE  CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL;
   (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT  CAN  MEET  THE
 CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (C)  THAT  CONTINUED  PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUAL-
 IFIED INDIVIDUAL THAT THE CHILD'S  PLACEMENT  IN  SUCH  SETTING  IS  NOT
 APPROPRIATE; AND
   (II)  THE  COURT'S  WRITTEN  ORDER STATES THE SPECIFIC REASONS WHY THE
 COURT HAS MADE THE FINDINGS REQUIRED PURSUANT  TO  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH.
   (D)  IF  THE  COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL  DETERMINES
 THAT  SUCH  PLACEMENT  IS  NOT  APPROPRIATE  UNDER  THE STANDARDS SET IN
 ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES  LAW,
 THE  COURT  SHALL  HOLD  A  HEARING TO REVIEW WHETHER THE PLACEMENT IN A
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN  THE  CHILD'S
 BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL.
   3.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
 EXISTING GOVERNING PLACEMENT ORDER OF  THE  COURT  REGARDING  THE  CHILD
 WOULD  NOT  PERMIT  THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD
 FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY  SECTION
 FOUR  HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A
 NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM  BEING  PLACED  IN  A
 DIFFERENT  SETTING.  IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS
 A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED  IN  AN
 AVAILABLE  FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST,
 THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE  CHILD
 IN:
   (I)  AN  AVAILABLE  SUPERVISED  SETTING,  AS  SUCH  TERM IS DEFINED IN
 SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
   (II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF  BECOMING,  A
 SEXUALLY  EXPLOITED  CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR
 HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW,  A  SETTING  PROVIDING
 RESIDENTIAL  CARE  AND  SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHIL-
 DREN;

 S. 2506--A                         70                         A. 3006--A
 
   (III) A SETTING SPECIALIZING IN PROVIDING  PRENATAL,  POST-PARTUM,  OR
 PARENTING SUPPORTS FOR YOUTH; OR
   (IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
 DREN  AND  FAMILY  SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD.
   4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
   5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN  THIS  SECTION  SHALL
 PROHIBIT  THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM FROM OCCURRING AT THE SAME  TIME  AS  ANOTHER  HEARING
 SCHEDULED  FOR  SUCH  CHILD,  INCLUDING  BUT  NOT LIMITED TO THE CHILD'S
 DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED
 WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
   § 11. Clause (C) of subparagraph (ix) of paragraph  5  of  subdivision
 (c)  of  section 1089 of the family court act, as added by section 27 of
 part A of chapter 3 of the laws of 2005, is amended, and a new paragraph
 6 is added to read as follows:
   (C) if the child is over age fourteen and has voluntarily withheld his
 or her consent to an adoption, the facts and circumstances regarding the
 child's decision to withhold consent and the reasons therefor[.]; AND
   (6) WHERE THE CHILD REMAINS PLACED IN A QUALIFIED  RESIDENTIAL  TREAT-
 MENT  PROGRAM,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
 SERVICES LAW, THE COMMISSIONER OF  THE  SOCIAL  SERVICES  DISTRICT  WITH
 LEGAL CUSTODY OF THE CHILD SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEAR-
 ING WITH RESPECT TO THE CHILD:
   (I)  DEMONSTRATING  THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
 OF THE CHILD CONTINUES TO SUPPORT THE DETERMINATION THAT  THE  NEEDS  OF
 THE  CHILD CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT
 THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES  THE
 MOST  EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST
 RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT  WITH  THE
 SHORT-TERM  AND  LONG-TERM  GOALS  FOR  THE  CHILD,  AS SPECIFIED IN THE
 CHILD'S PERMANENCY PLAN;
   (II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL  BE
 MET  FOR  THE CHILD IN THE PLACEMENT AND THE LENGTH OF TIME THE CHILD IS
 EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
   (III) DOCUMENTING THE  EFFORTS  MADE  BY  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT TO PREPARE THE CHILD TO RETURN HOME, OR TO BE PLACED WITH A FIT
 AND  WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER
 FAMILY HOME.
   § 12. The opening paragraph of clause (H)  of  subparagraph  (vii)  of
 paragraph  2  of subdivision (d) of section 1089 of the family court act
 is designated item (I) and a new item (II) is added to read as follows:
   (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  THE  COMMIS-
 SIONER  OF  A  LOCAL  SOCIAL  SERVICES  DISTRICT IN ACCORDANCE WITH THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS  DEFINED
 IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW AND WHERE SUCH
 CHILD'S  INITIAL  PLACEMENT  OR  CHANGE  IN  PLACEMENT  IN  SUCH PROGRAM
 COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO  THOUSAND  TWENTY-ONE,
 UPON  RECEIPT OF NOTICE REQUIRED PURSUANT TO ITEM (I) OF THIS CLAUSE AND
 MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A
 HEARING IN ACCORDANCE WITH SECTION THREE  HUNDRED  NINETY-THREE  OF  THE
 SOCIAL  SERVICES  LAW OR SECTION ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND
 NINETY-ONE-A OR ONE THOUSAND NINETY-SEVEN OF THIS CHAPTER. NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL OCCUR

 S. 2506--A                         71                         A. 3006--A
 
 NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   §  13.  The family court act is amended by adding a new section 1091-a
 to read as follows:
   § 1091-A. COURT APPROVAL  OF  PLACEMENT  IN  A  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A
 FORMER FOSTER CARE YOUTH IS PLACED ON OR AFTER  SEPTEMBER  TWENTY-NINTH,
 TWO  THOUSAND  TWENTY-ONE, AND RESIDES IN A QUALIFIED RESIDENTIAL TREAT-
 MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H  OF  THE  SOCIAL
 SERVICES  LAW,  AND  WHOSE  CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL
 SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
 IN ACCORDANCE WITH THIS ARTICLE.
   2. (A) WHEN A FORMER FOSTER CARE YOUTH IS IN THE CARE AND CUSTODY OF A
 LOCAL  SOCIAL  SERVICES  DISTRICT  OR  THE OFFICE OF CHILDREN AND FAMILY
 SERVICES PURSUANT TO THIS ARTICLE,  SUCH  SOCIAL  SERVICES  DISTRICT  OR
 OFFICE  SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE FORMER FOSTER CARE
 YOUTH INTO A QUALIFIED RESIDENTIAL  TREATMENT  PROGRAM,  AS  DEFINED  IN
 SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND
 THE  ATTORNEYS  FOR  THE  PARTIES, INCLUDING THE ATTORNEY FOR THE FORMER
 FOSTER CARE YOUTH, FORTHWITH,  BUT  NOT  LATER  THAN  ONE  BUSINESS  DAY
 FOLLOWING  EITHER  THE DECISION TO PLACE THE FORMER FOSTER CARE YOUTH IN
 THE QUALIFIED RESIDENTIAL TREATMENT  PROGRAM  OR  THE  ACTUAL  DATE  THE
 PLACEMENT  CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI-
 CATE THE DATE THAT THE INITIAL  PLACEMENT  OR  CHANGE  IN  PLACEMENT  IS
 ANTICIPATED  TO  OCCUR  OR  THE  DATE  THE PLACEMENT CHANGE OCCURRED, AS
 APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED  DATE
 FOR  THE  PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE
 SHALL SUBSEQUENTLY NOTIFY THE  COURT  AND  ATTORNEYS  FOR  THE  PARTIES,
 INCLUDING THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, OF THE DATE THE
 PLACEMENT  CHANGE  OCCURRED;  SUCH  NOTICE SHALL OCCUR NO LATER THAN ONE
 BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
   (B) WHEN A FORMER FOSTER CARE YOUTH WHOSE  LEGAL  CUSTODY  WAS  TRANS-
 FERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES  IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H
 OF THE SOCIAL SERVICES LAW, AND WHERE SUCH FORMER  FOSTER  CARE  YOUTH'S
 INITIAL  PLACEMENT  OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM COMMENCED ON  OR  AFTER  SEPTEMBER  TWENTY-NINTH,  TWO
 THOUSAND  TWENTY-ONE,  UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARA-
 GRAPH (A) OF THIS SUBDIVISION AND MOTION OF THE  LOCAL  SOCIAL  SERVICES
 DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVI-
 SION  THREE  OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
 TO THE CONTRARY, SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS  FROM
 THE  DATE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF  A  FORMER  FOSTER
 CARE  YOUTH REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL:
   (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
 THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW;
   (B) DETERMINE WHETHER THE NEEDS OF THE FORMER FOSTER CARE YOUTH CAN BE
 MET THROUGH PLACEMENT IN A FOSTER  FAMILY  HOME  AND,  IF  NOT,  WHETHER
 PLACEMENT  OF  THE  FORMER  FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE  LEVEL  OF
 CARE  FOR THE FORMER FOSTER CARE YOUTH IN THE LEAST RESTRICTIVE ENVIRON-

 S. 2506--A                         72                         A. 3006--A

 MENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH  THE  SHORT-TERM  AND
 LONG-TERM  GOALS  FOR  THE FORMER FOSTER CARE YOUTH, AS SPECIFIED IN THE
 FORMER FOSTER CARE YOUTH'S PERMANENCY PLAN; AND
   (C)  APPROVE  OR  DISAPPROVE  THE  PLACEMENT OF THE FORMER FOSTER CARE
 YOUTH  IN  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM.  PROVIDED   THAT,
 NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, WHERE THE
 QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE FORMER  FOSTER
 CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRI-
 ATE  UNDER  THE  STANDARDS  SET  IN ACCORDANCE WITH SECTION FOUR HUNDRED
 NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACE-
 MENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREAT-
 MENT PROGRAM IF:
   (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
   (A) EXTENUATING CIRCUMSTANCES EXIST  THAT  NECESSITATE  THE  CONTINUED
 PLACEMENT  OF  THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL;
   (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT  CAN  MEET  THE
 FORMER FOSTER CARE YOUTH'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (C)  THAT  CONTINUED  PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM IS IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST  DESPITE  THE
 FINDING  BY THE QUALIFIED INDIVIDUAL THAT THE FORMER FOSTER CARE YOUTH'S
 PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND
   (II) THE COURT'S WRITTEN ORDER STATES THE  SPECIFIC  REASONS  WHY  THE
 COURT  HAS  MADE  THE  FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF
 THIS PARAGRAPH.
   (D) IF THE COURT APPROVES THE PLACEMENT  OF  THE  FORMER  FOSTER  CARE
 YOUTH  IN  A QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED
 INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE  UNDER  THE
 STANDARDS  SET  IN  ACCORDANCE  WITH  SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING  TO  REVIEW  WHETHER
 THE  PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO
 BE IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST WITHIN THIRTY DAYS OF
 SUCH APPROVAL.
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF  THE
 EXISTING  GOVERNING  PLACEMENT  ORDER  OF THE COURT REGARDING THE FORMER
 FOSTER CARE YOUTH WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT OR
 THE OFFICE TO MOVE THE FORMER FOSTER CARE YOUTH FROM THE QUALIFIED RESI-
 DENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H  OF
 THE  SOCIAL  SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL
 NOT PRECLUDE SUCH FORMER FOSTER  CARE  YOUTH  FROM  BEING  PLACED  IN  A
 DIFFERENT  SETTING.  IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS
 A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE FORMER FOSTER  CARE  YOUTH
 TO  BE  PLACED  IN  AN  AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE
 FORMER FOSTER CARE YOUTH'S BEST INTEREST, THE COURT MAY  ALSO  ISSUE  AN
 ORDER PERMITTING THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN:
   (A)  AN  AVAILABLE  SUPERVISED  SETTING,  AS  SUCH  TERM IS DEFINED IN
 SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
   (B) IF THE FORMER FOSTER CARE YOUTH HAS BEEN FOUND TO  BE,  OR  IS  AT
 RISK  OF  BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION
 ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW,  A
 SETTING  PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY
 EXPLOITED CHILDREN;
   (C) A SETTING SPECIALIZING  IN  PROVIDING  PRENATAL,  POST-PARTUM,  OR
 PARENTING SUPPORTS FOR YOUTH; OR

 S. 2506--A                         73                         A. 3006--A
 
   (D)  AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES OTHER THAN A  QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE FORMER FOSTER CARE YOUTH.
   5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE FORMER FOSTER CARE YOUTH'S CASE RECORD.
   6.    TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
 PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM  FROM  OCCURRING  AT THE SAME TIME AS ANOTHER HEARING
 SCHEDULED FOR SUCH FORMER FOSTER CARE YOUTH, INCLUDING BUT  NOT  LIMITED
 TO  THE  FORMER FOSTER CARE YOUTH'S DISPOSITIONAL OR PERMANENCY HEARING,
 PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF  THE  START  OF
 SUCH PLACEMENT.
   §  14. The family court act is amended by adding a new section 1097 to
 read as follows:
   § 1097. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL  TREAT-
 MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
 IS  PLACED  ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED  IN
 SECTION  FOUR  HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE
 AND CUSTODY WERE TRANSFERRED TO A  LOCAL  SOCIAL  SERVICES  DISTRICT  IN
 ACCORDANCE WITH THIS ARTICLE.
   2.  (A)  WHEN  A  CHILD  IS  IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
 SERVICES  DISTRICT  PURSUANT  TO  THIS  ARTICLE,  SUCH  SOCIAL  SERVICES
 DISTRICT  SHALL  REPORT  ANY  ANTICIPATED  PLACEMENT OF THE CHILD INTO A
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM,  AS  DEFINED  IN  SECTION  FOUR
 HUNDRED  NINE-H  OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTOR-
 NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE  CHILD,  FORTHWITH,
 BUT  NOT  LATER  THAN  ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO
 PLACE THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT  PROGRAM  OR  THE
 ACTUAL  DATE  THE  PLACEMENT  CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH
 NOTICE SHALL INDICATE THE DATE THAT THE INITIAL PLACEMENT OR  CHANGE  IN
 PLACEMENT  IS  ANTICIPATED  TO  OCCUR  OR  THE DATE THE PLACEMENT CHANGE
 OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER,  IF  SUCH  NOTICE  LISTS  AN
 ANTICIPATED  DATE  FOR  THE  PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES
 DISTRICT SHALL SUBSEQUENTLY NOTIFY  THE  COURT  AND  ATTORNEYS  FOR  THE
 PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE DATE THE PLACEMENT
 CHANGE  OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY
 FOLLOWING THE PLACEMENT CHANGE.
   (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL
 SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H
 OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT  OR
 CHANGE  IN  PLACEMENT  IN  SUCH  QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO  THOUSAND  TWENTY-ONE,
 UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL
 SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING
 SHALL  OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE
 CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
 IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL  TREATMENT
 PROGRAM, THE COURT SHALL:
   (A)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
 THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF  THE
 SOCIAL SERVICES LAW;

 S. 2506--A                         74                         A. 3006--A
 
   (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
 MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD
 IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE
 AND  APPROPRIATE  LEVEL  OF  CARE FOR THE CHILD IN THE LEAST RESTRICTIVE
 ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM
 AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN-
 CY PLAN; AND
   (C)  APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY  OTHER
 PROVISION  OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER-
 MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL  TREAT-
 MENT  PROGRAM  IS  NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE
 WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,  THE  COURT
 MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM IF:
   (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
   (A)  EXTENUATING  CIRCUMSTANCES  EXIST  THAT NECESSITATE THE CONTINUED
 PLACEMENT OF THE CHILD IN THE QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM
 DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL;
   (B)  THERE  IS  NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
 CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (C) THAT CONTINUED PLACEMENT IN THE  QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUAL-
 IFIED  INDIVIDUAL  THAT  THE  CHILD'S  PLACEMENT  IN SUCH SETTING IS NOT
 APPROPRIATE; AND
   (II) THE COURT'S WRITTEN ORDER STATES THE  SPECIFIC  REASONS  WHY  THE
 COURT  HAS  MADE  THE  FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF
 THIS PARAGRAPH.
   (D) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD  IN  A  QUALIFIED
 RESIDENTIAL  TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES
 THAT SUCH PLACEMENT IS  NOT  APPROPRIATE  UNDER  THE  STANDARDS  SET  IN
 ACCORDANCE  WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
 THE COURT SHALL HOLD A HEARING TO REVIEW  WHETHER  THE  PLACEMENT  IN  A
 QUALIFIED  RESIDENTIAL  TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S
 BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL.
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF  THE
 EXISTING  GOVERNING  PLACEMENT  ORDER  OF  THE COURT REGARDING THE CHILD
 WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO  MOVE  THE  CHILD
 FROM  THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION
 FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE  A
 NEW  ORDER  WHICH  SHALL  NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A
 DIFFERENT SETTING.  IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE  IS
 A  PRESUMPTION  THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN
 AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST  INTEREST,
 THE  COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD
 IN:
   (A) AN AVAILABLE SUPERVISED  SETTING,  AS  SUCH  TERM  IS  DEFINED  IN
 SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
   (B)  IF  THE  CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A
 SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF  SECTION  FOUR
 HUNDRED  FORTY-SEVEN-A  OF  THE SOCIAL SERVICES LAW, A SETTING PROVIDING
 RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR  SEXUALLY  EXPLOITED  CHIL-
 DREN;
   (C)  A  SETTING  SPECIALIZING  IN  PROVIDING PRENATAL, POST-PARTUM, OR
 PARENTING SUPPORTS FOR YOUTH; OR

 S. 2506--A                         75                         A. 3006--A
 
   (D) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF  CHIL-
 DREN  AND  FAMILY  SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD.
   5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
   6.  TO  THE  EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
 PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM  FROM  OCCURRING  AT THE SAME TIME AS ANOTHER HEARING
 SCHEDULED FOR SUCH CHILD, INCLUDING  BUT  NOT  LIMITED  TO  THE  CHILD'S
 DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED
 WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
   §  15.  The  office of court administration and the office of children
 and family services shall work collaboratively to analyze data regarding
 the placement of children pursuant to proceedings held under section 393
 of the social services law or sections 353.7, 756-b, 1055-c, 1091-a, and
 1097 of the family court act in order to identify trends and address any
 disparities between placement orders issued by the courts and the legis-
 lative intent outlined in subdivision one of section 409-h of the social
 services law.  Such analysis shall include, but not  be  limited  to,  a
 review  of  the  number  of  times  a judge approves the continuation of
 placement in a qualified residential treatment program where the  quali-
 fied individual determines that the placement of the child in such qual-
 ified  residential  treatment  program  is not appropriate in accordance
 with section 409-h of the social services law and the specified  reasons
 for  the determinations as required by: clause (B) of subparagraph (iii)
 of paragraph (a) of subdivision 2 of section 393 of the social  services
 law; or the following provisions of the family court act:  clause (B) of
 subparagraph  (iii)  of paragraph (a) of subdivision 3 of section 353.7;
 clause (B) of subparagraph (iii) of paragraph (a) of  subdivision  3  of
 section  756-b; subparagraph (ii) of paragraph (c) of subdivision two of
 section 1055-c; subparagraph (ii) of paragraph (c) of subdivision  3  of
 section  1091-a; and subparagraph (ii) of paragraph (c) of subdivision 3
 of section 1097.
   § 16. Severability. If any clause,  sentence,  paragraph,  section  or
 part  of  this act shall be adjudged by any court of competent jurisdic-
 tion to be invalid and after exhaustion of all further judicial  review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of,  but  shall  be  confined  in its operation to the clause, sentence,
 paragraph, section or part of this act directly involved in the  contro-
 versy in which the judgment shall have been rendered.
   §  17. This act shall take effect September 29, 2021; provided, howev-
 er, that:
   (a) (i) notwithstanding any other provision of law, provisions in this
 act shall not take effect unless and until the state title  IV-E  agency
 submits  to  the  United States Department of Health and Human Services,
 Administration for Children, Youth and Families,  an  amendment  to  the
 title  IV-E  state  plan  and the United States Department of Health and
 Human Services, Administration for Children, Youth and Families approves
 said title IV-E state plan amendment regarding when a child is placed in
 a qualified residential treatment program in relation to  the  following
 components:  (1)  the  qualified individual and the establishment of the
 assessment by the qualified individual to be completed prior to or with-
 in 30-days of the child's placement as established by section  three  of
 this act; (2) the 60 day court reviews, including the ability to conduct
 at  the  same time as another hearing scheduled for the child, as estab-
 lished by sections one, two, four,  seven,  eight,  nine,  ten,  twelve,

 S. 2506--A                         76                         A. 3006--A
 
 thirteen  and  fourteen of this act; and (3) permanency hearing require-
 ments as established by sections five, six and eleven of this act;
   (ii)  provided however, that if the United States Department of Health
 and Human Services, Administration  for  Children,  Youth  and  Families
 fails  to  approve  or disapproves any of the components listed in para-
 graph (i) of this subdivision, such action shall not impact  the  effec-
 tive date for the remaining components listed therein;
   (b) the office of children and family services shall inform the legis-
 lative  bill  drafting  commission upon the occurrence of the submission
 set forth in subdivision (a) of this section and  any  approval  related
 thereto in order that the commission may maintain an effective and time-
 ly  database  of  the official texts of the state of laws of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law;
   (c) for the purposes of this act, the  term  "placement"  shall  refer
 only to placements made on or after the effective date of the Title IV-E
 state  plan  to establish the 30-day assessment, 60-day court review and
 permanency hearing requirements set forth in this act that occur  on  or
 after its effective date; and
   (d) the office of children and family services and the office of court
 administration  are hereby authorized to promulgate such rules and regu-
 lations on an emergency basis as  may  be  necessary  to  implement  the
 provisions of this act on or before such effective date.
 
                                  PART M
 
   Section  1. Subdivision 1 of section 427-a of the social services law,
 as amended by chapter 45 of the laws of 2011,  is  amended  to  read  as
 follows:
   1.  [Any] EACH social services district [may] SHALL, upon the authori-
 zation of the office  of  children  and  family  services,  establish  a
 program that implements differential responses to reports of child abuse
 and  maltreatment.  Such  programs  shall create a family assessment and
 services track as an alternative means  of  addressing  certain  matters
 otherwise  investigated  as  allegations  of child abuse or maltreatment
 pursuant to this title. Notwithstanding any other provision  of  law  to
 the  contrary,  the provisions of this section shall apply only to those
 cases  involving  allegations  of  [abuse  or]  maltreatment  in  family
 settings  expressly included in the family assessment and services track
 of the AUTHORIZED differential response  program[,  and  only  in  those
 social services districts authorized by the office of children and fami-
 ly  services  to  implement a differential response program]. Such cases
 shall not be subject to the requirements otherwise applicable  to  cases
 reported  to the statewide central register of child abuse and maltreat-
 ment pursuant to this title, except as set forth in this section.
   § 2.  The opening paragraph and paragraph  (a)  of  subdivision  2  of
 section 427-a of the social services law, as added by chapter 452 of the
 laws of 2007, are amended to read as follows:
   [Any]  EACH  social  services  district  [interested in implementing a
 differential response program] shall [apply] SUBMIT A PLAN to the office
 of children and family services ON OR BEFORE JANUARY FIRST, TWO THOUSAND
 TWENTY-THREE for [permission to participate] AUTHORIZATION TO OPERATE  A
 PROGRAM  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION PRIOR TO JANUARY
 FIRST, TWO THOUSAND TWENTY-FOUR. The criteria  for  [a  social  services
 district  to participate] AUTHORIZATION will be determined by the office
 of children and family services after consultation with the  office  for

 S. 2506--A                         77                         A. 3006--A
 
 the  prevention  of  domestic  violence[,];  however the social services
 district's [application must include a] plan [setting] SHALL  SET  forth
 the following:
   (a)  in  conjunction  with  any additional requirements imposed by the
 office of children and family services and the provisions of this subdi-
 vision, the factors to be considered by the social services district  in
 determining  which cases will be addressed through the family assessment
 and services track and the size of the population to be the  subject  of
 the  differential  response  program  AND  THE PROTOCOLS THAT WILL BE IN
 PLACE TO REMOVE IMPLICIT BIAS FROM THE DECISION-MAKING PROCESS IN DETER-
 MINING WHICH CASES WILL BE SUBJECT TO THE DIFFERENTIAL RESPONSE;
   § 3. The opening paragraph of subdivision 3 of section  427-a  of  the
 social  services  law,  as  added by chapter 452 of the laws of 2007, is
 amended to read as follows:
   The criteria for determining which cases may be placed in the  assess-
 ment  track  shall  be  determined  by  the  local  department of social
 services, in conjunction with AND IN ACCORDANCE  WITH  REQUIREMENTS  SET
 FORTH  BY the office of children and family services and after consulta-
 tion with the office for the prevention of domestic violence.  Provided,
 however,  that  SUCH CRITERIA SHALL INCLUDE PROTOCOLS TO REMOVE IMPLICIT
 BIAS IN THE DECISION-MAKING PROCESS.  PROVIDED  FURTHER,  HOWEVER,  THAT
 reports including any of the following allegations shall not be included
 in the assessment track of a differential response program:
   §  4.  Subdivision  7  of section 427-a of the social services law, as
 added by chapter 452 of the laws of 2007, is amended to read as follows:
   7. The office of children and family services shall  post  [the]  EACH
 plan  [contained  in  any  application approved] for implementation of a
 differential response program on  the  office  of  children  and  family
 services website within sixty days of such approval.
   §  5.    This  act  shall take effect on the one hundred eightieth day
 after it shall have become a law. Effective immediately, the  office  of
 children  and  family services is authorized to adopt regulations neces-
 sary for the implementation of this act on or before its effective date.
 
                                  PART N

   Section 1. Subdivision 2 of  section  212  of  the  judiciary  law  is
 amended by adding a new paragraph (bb) to read as follows:
   (BB)  TO  THE  EXTENT  PRACTICABLE,  ESTABLISH SUCH NUMBER OF VETERANS
 TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI-
 SION FOUR OF SECTION 170.15 AND SUBDIVISION THREE OF SECTION  180.20  OF
 THE CRIMINAL PROCEDURE LAW.
   § 2. Subdivision 5 of section 170.15 of the criminal procedure law, as
 added by chapter 191 of the laws of 2018, is amended to read as follows:
   5.  (a) Notwithstanding any provision of this section to the contrary,
 in any county outside a city having a population of one million or more,
 upon or after arraignment of a defendant on an information, a simplified
 information, a prosecutor's information or a misdemeanor complaint pend-
 ing in a local criminal court, such court may, upon  DEFENDANT'S  motion
 [of  the defendant and after giving the district attorney an opportunity
 to be heard, order that the action be removed from the  court  in  which
 the  matter is pending to another local criminal court in the same coun-
 ty, or with consent of the district attorney  to  another  court  in  an
 adjoining  county, that has been designated as a human trafficking court
 by the chief administrator of the courts,  and  such  human  trafficking
 court]  TO  REMOVE THE ACTION TO A COURT IN AN ADJOINING COUNTY THAT HAS

 S. 2506--A                         78                         A. 3006--A
 
 BEEN DESIGNATED AS A HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT
 BY THE CHIEF ADMINISTRATOR OF THE COURTS, AND AFTER GIVING THE  DISTRICT
 ATTORNEY AN OPPORTUNITY TO BE HEARD AND WITH THE CONSENT OF THE DISTRICT
 ATTORNEY  OF THE ADJOINING COUNTY, ORDER THAT THE ACTION BE REMOVED FROM
 THE COURT IN WHICH THE MATTER IS PENDING TO SUCH HUMAN TRAFFICKING COURT
 OR VETERANS TREATMENT COURT, WHEREUPON SUCH COURT may then conduct  such
 action  to  [judgement]  JUDGMENT  or  other final deposition; provided,
 however, that MATTERS WHERE THE ACCUSED AND THE PERSON ALLEGED TO BE THE
 VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD
 AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF  THIS  CHAPTER  SHALL
 NOT  BE REMOVED TO A VETERANS TREATMENT COURT; AND PROVIDED FURTHER THAT
 an order of removal issued under this subdivision shall not take  effect
 until five days after the date the order is issued unless, prior to such
 effective  date, the human trafficking court OR VETERANS TREATMENT COURT
 notifies the court that issued the order that:
   i. it will not accept the action, in which event the order  shall  not
 take effect; or
   ii.  it will accept the action on a date prior to such effective date,
 in which event the order shall take effect upon such prior date.
   (b) Upon providing notification pursuant to subparagraph i  or  ii  of
 paragraph (a) of this subdivision, the human trafficking court OR VETER-
 ANS  TREATMENT COURT shall promptly give notice to the defendant, his or
 her counsel, and the district attorney.
   § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as
 added by chapter 191 of the laws of 2018, is amended to read as follows:
   4. (a) Notwithstanding any provision of this section to the  contrary,
 in any county outside a city having a population of one million or more,
 upon  or  after arraignment of a defendant on a felony complaint pending
 in a local criminal court having preliminary jurisdiction thereof,  such
 court  may,  upon  motion of the defendant and after giving the district
 attorney an opportunity to be heard, order that the  action  be  removed
 from  the court in which the matter is pending to another local criminal
 court in the same county, or with consent of the district  attorney  [to
 another  court  in] OF an adjoining county, TO A COURT IN SUCH ADJOINING
 COUNTY that has been designated as a human trafficking court OR VETERANS
 TREATMENT COURT by the chief administrator of the courts, and such human
 trafficking court OR VETERANS TREATMENT  COURT  may  then  conduct  such
 action  to  judgment or other final disposition; provided, however, that
 MATTERS WHERE THE ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF  AN
 OFFENSE  CHARGED  ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED
 IN SUBDIVISION ONE OF SECTION  530.11  OF  THIS  CHAPTER  SHALL  NOT  BE
 REMOVED  TO A VETERANS TREATMENT COURT; AND PROVIDED FURTHER an order of
 removal issued under this subdivision shall not take effect  until  five
 days  after the date the order is issued unless, prior to such effective
 date, the human trafficking court OR VETERANS TREATMENT  COURT  notifies
 the court that issued the order that:
   i.  it  will not accept the action, in which event the order shall not
 take effect; or
   ii. it will accept the action on a date prior to such effective  date,
 in which event the order shall take effect upon such prior date.
   (b)  Upon  providing  notification pursuant to subparagraph i or ii of
 paragraph (a) of this subdivision, the human trafficking court OR VETER-
 ANS TREATMENT COURT shall promptly give notice to the defendant, his  or
 her counsel and the district attorney.
   §  4.  The  criminal  procedure law is amended by adding a new section
 230.21 to read as follows:

 S. 2506--A                         79                         A. 3006--A
 
 § 230.21 REMOVAL OF ACTION TO AN ADJOINING COUNTY.
   1.  IN ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE, THE COURT MAY, UPON MOTION OF THE DEFENDANT AND AFTER  GIVING  THE
 DISTRICT  ATTORNEY  AN  OPPORTUNITY TO BE HEARD, AND WITH CONSENT OF THE
 DISTRICT ATTORNEY OF AN ADJOINING  COUNTY  THAT  HAS  A  SUPERIOR  COURT
 DESIGNATED  A HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT BY THE
 CHIEF ADMINISTRATOR OF THE COURTS, ORDER THAT THE INDICTMENT AND  ACTION
 BE  REMOVED  FROM THE COURT IN WHICH THE MATTER IS PENDING TO SUCH HUMAN
 TRAFFICKING COURT OR VETERANS TREATMENT COURT, WHEREUPON SUCH COURT  MAY
 THEN  CONDUCT  SUCH  ACTION  TO  JUDGMENT  OR  OTHER  FINAL DISPOSITION;
 PROVIDED, HOWEVER, THAT MATTERS WHERE THE ACCUSED AND THE PERSON ALLEGED
 TO BE THE VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR
 HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS  CHAP-
 TER  SHALL  NOT  BE  REMOVED TO A VETERANS TREATMENT COURT; AND PROVIDED
 FURTHER THAT AN ORDER OF REMOVAL ISSUED UNDER THIS SUBDIVISION SHALL NOT
 TAKE EFFECT UNTIL FIVE DAYS AFTER THE DATE THE ORDER IS  ISSUED  UNLESS,
 PRIOR  TO  SUCH  EFFECTIVE DATE, THE HUMAN TRAFFICKING COURT OR VETERANS
 TREATMENT COURT NOTIFIES THE COURT THAT ISSUED THE ORDER THAT:
   (A) IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL  NOT
 TAKE EFFECT, OR
   (B)  IT WILL ACCEPT THE ACTION ON A DATE PRIOR TO SUCH EFFECTIVE DATE,
 IN WHICH EVENT THE ORDER SHALL TAKE EFFECT UPON SUCH PRIOR DATE.
   2. UPON PROVIDING NOTIFICATION PURSUANT TO PARAGRAPH  (A)  OR  (B)  OF
 SUBDIVISION ONE OF THIS SECTION, THE HUMAN TRAFFICKING COURT OR VETERANS
 TREATMENT  COURT SHALL PROMPTLY GIVE NOTICE TO THE DEFENDANT, HIS OR HER
 COUNSEL AND THE DISTRICT ATTORNEY OF BOTH COUNTIES.
   § 5. This act shall take effect immediately.
 
                                  PART O
 
   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, 2022.  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 2020-2021 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, 2021.
   § 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

 S. 2506--A                         80                         A. 3006--A
 
 31, 2022.  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
 2020-2021 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,
 2021.
   § 3. Notwithstanding any other provision of law, the homeless  housing
 and  assistance  corporation  may  provide,  for  services  and expenses
 related to homeless housing and preventative services programs including
 but not limited to the New York state supportive  housing  program,  the
 solutions  to  end  homelessness  program or the operational support for
 AIDS housing program, or to qualified grantees under such  programs,  in
 accordance  with  the requirements of such programs, a sum not to exceed
 $45,181,000 for the fiscal year ending  March  31,  2022.  The  homeless
 housing  and assistance corporation may enter into an agreement with the
 office of temporary and disability assistance to administer such sum  in
 accordance  with  the requirements of such programs. 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 homeless hous-
 ing and assistance corporation, a total sum not to  exceed  $45,181,000,
 such  transfer  to  be made from (i) the special account of the mortgage
 insurance fund created pursuant to section 2429-b of the public authori-
 ties law, in an amount not to exceed the actual excess  balance  in  the
 special account of the mortgage insurance fund, as determined and certi-
 fied  by the state of New York mortgage agency for the fiscal year 2020-
 2021 in accordance with section 2429-b of the public authorities law, if
 any, and/or (ii) provided that the reserves in the project  pool  insur-
 ance  account of the mortgage insurance fund created pursuant to section
 2429-b of the public authorities law are sufficient to attain and  main-
 tain  the  credit rating as determined by the state of New York mortgage
 agency, required to accomplish the purposes of such account, the project
 pool insurance account of the mortgage  insurance  fund,  such  transfer
 shall be made as soon as practicable but no later than March 31, 2022.
   §  4. Notwithstanding any other provision of law, the homeless housing
 and assistance corporation may provide, for purposes of reimbursing  New
 York  city  expenditures  for  adult  shelters,  a  sum  not  to  exceed
 $65,568,000 for the fiscal year ending March 31, 2022.   Notwithstanding
 any  other  inconsistent provision of law, such funds shall be available
 for eligible costs incurred on or after  January  1,  2021,  and  before
 January  1,  2022,  that  are  otherwise reimbursable by the state on or
 after April 1, 2021, and that  are  claimed  by  March  31,  2022.  Such

 S. 2506--A                         81                         A. 3006--A
 
 reimbursement  shall constitute total state reimbursement for activities
 funded  herein  in  state  fiscal  year  2021-2022,  and  shall  include
 reimbursement for costs associated with a court mandated plan to improve
 shelter  conditions  for  medically  frail  persons and additional costs
 incurred as part of a plan to reduce over-crowding in  congregate  shel-
 ters.  The homeless housing and assistance corporation may enter into an
 agreement with the office of  temporary  and  disability  assistance  to
 administer  such  sum  in accordance with the laws, rules or regulations
 relating to public assistance and care or  the  administration  thereof.
 Notwithstanding  any other provision of law, and subject to the approval
 of the New York state director of the budget, and the  authorization  by
 the  members  of the state of New York housing finance agency, the state
 of New York housing finance agency shall transfer to the homeless  hous-
 ing  and  assistance corporation, a total sum not to exceed $65,568,000,
 such transfer to be made from excess funds of the housing finance  agen-
 cy,  not  pledged to the payment of the agency's outstanding bonds. Such
 transfer shall be made as soon as practicable but no  later  than  March
 31, 2022.
   § 5. This act shall take effect immediately.
 
                                  PART P

   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  K  of  chapter  56  of  the  laws  of 2020, are amended to read as
 follows:
   (a) in the case of each individual receiving family  care,  an  amount
 equal to at least [$150.00] $152.00 for each month beginning on or after
 January first, two thousand [twenty] TWENTY-ONE.
   (b)  in  the  case  of  each individual receiving residential care, an
 amount equal to at least [$174.00] $176.00 for each month  beginning  on
 or after January first, two thousand [twenty] TWENTY-ONE.
   (c)  in  the  case  of  each individual receiving enhanced residential
 care, an amount equal to at  least  [$207.00]  $210.00  for  each  month
 beginning on or after January first, two thousand [twenty] TWENTY-ONE.
   (d) for the period commencing January first, two thousand [twenty-one]
 TWENTY-TWO,  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-one] TWENTY-TWO, but prior to June thirtieth, two thou-
 sand [twenty-one] TWENTY-TWO, 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
 K of chapter 56 of the laws of 2020, are amended to read as follows:
   (a) On and after January first, two thousand [twenty] TWENTY-ONE,  for
 an  eligible  individual  living  alone,  [$870.00]  $881.00; and for an
 eligible couple living alone, [$1,279.00] $1,295.00.
   (b) On and after January first, two thousand [twenty] TWENTY-ONE,  for
 an  eligible  individual  living  with  others  with  or without in-kind
 income, [$806.00] $817.00; and for an eligible couple living with others
 with or without in-kind income, [$1,221.00] $1,237.00.

 S. 2506--A                         82                         A. 3006--A
 
   (c) On and after January first, two thousand [twenty] TWENTY-ONE,  (i)
 for  an eligible individual receiving family care, [$1,049.48] $1,060.48
 if he or she is receiving such care in the city of New York or the coun-
 ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
 couple  receiving  family  care in the city of New York or the county of
 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
 in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
 ual receiving such care in any other county in  the  state,  [$1,011.48]
 $1,022.48;  and  (iv)  for an eligible couple receiving such care in any
 other county in the state, two times the amount set  forth  in  subpara-
 graph (iii) of this paragraph.
   (d)  On and after January first, two thousand [twenty] TWENTY-ONE, (i)
 for an  eligible  individual  receiving  residential  care,  [$1,218.00]
 $1,229.00 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, [$1,188.00] $1,199.00; 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] TWENTY-ONE,  (i)
 for   an   eligible  individual  receiving  enhanced  residential  care,
 [$1,477.00]  $1,488.00;  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-one]  TWENTY-
 TWO but prior to June thirtieth, two thousand [twenty-one] TWENTY-TWO.
   § 3. This act shall take effect December 31, 2021.
 
                                  PART Q
 
   Section  1.  Section  82 of the state finance law, as added by chapter
 375 of the laws of 2018, is amended to read as follows:
   § 82. Gifts to food banks fund. 1. There is hereby established in  the
 sole  custody of the commissioner of taxation and finance a special fund
 to be known as the "gifts to food banks fund". Monies in the fund  shall
 be  kept  separate  from and not commingled with other funds held in the
 sole custody of the commissioner of taxation and finance.
   2. Such fund shall consist of all revenues received by the  department
 of  taxation  and  finance  pursuant  to  the  provisions of section six
 hundred twenty-five-a of the tax law and all other  money  appropriated,
 credited,  or transferred thereto from any other fund or source pursuant
 to law.  Nothing in this section shall prevent the state from  receiving
 grants,  gifts  or  bequests  for the purposes of the fund as defined in
 this section and depositing them into the fund according to law.
   3. Monies of the fund shall, after appropriation by  the  legislature,
 be made available to the [office of temporary and disability assistance]
 DEPARTMENT  OF  HEALTH  for  grants to regional food banks, organized to
 serve specific regions of the state, that generally collect  and  redis-
 tribute  food donations to organizations serving persons in need. Monies
 shall be payable from the fund  by  the  commissioner  of  taxation  and

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 finance on vouchers approved by the commissioner of [temporary and disa-
 bility assistance] HEALTH. The commissioner of [temporary and disability
 assistance]  HEALTH shall promulgate rules and regulations necessary for
 the distribution of such grants.
   4.  To  the  extent  practicable,  the  commissioner of [the office of
 temporary and disability assistance] HEALTH shall ensure that all monies
 received during a fiscal year are expended prior  to  the  end  of  that
 fiscal year.
   5.  On  or before the first day of February each year, the comptroller
 shall certify to the governor, temporary president of the senate, speak-
 er of the assembly, chair of the senate finance committee and  chair  of
 the  assembly ways and means committee, the amount of money deposited in
 the gifts to food banks fund during the preceding calendar year  as  the
 result  of revenue derived pursuant to section six hundred twenty-five-a
 of the tax law.
   6. On or before the first day of February each year, the  commissioner
 of  [the  office  of  temporary  and disability assistance] HEALTH shall
 provide a written report to  the  temporary  president  of  the  senate,
 speaker of the assembly, chair of the senate finance committee, chair of
 the  assembly ways and means committee, chair of the senate committee on
 social services, chair of the assembly social  services  committee,  and
 the  public.  Such  report shall include how the monies of the fund were
 utilized during the preceding calendar year and shall include:
   (a) the amount of money [dispersed] DISBURSED from the fund;
   (b) the recipients of awards from the fund;
   (c) the amount awarded to each recipient;
   (d) the purposes for which such awards were granted; and
   (e) a summary financial plan for such monies which shall include esti-
 mates of all receipts and all disbursements for the current and succeed-
 ing fiscal years, along with the actual results from  the  prior  fiscal
 year.
   § 2. This act shall take effect immediately.
 
                                  PART R
 
   Section  1.  Subdivision  37  of  section 292 of the executive law, as
 amended by chapter 118 of the laws of 2019, is renumbered subdivision 39
 and amended to read as follows:
   39. The term "educational institution" shall mean:
   (a) any education corporation or association which holds itself out to
 the public to be non-sectarian and exempt from taxation pursuant to  the
 provisions of article four of the real property tax law; or
   (b) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
 THE PUBLIC TO BE NON-SECTARIAN AND WHICH IS UNDER THE SUPERVISION OF THE
 REGENTS  OF  THE STATE OF NEW YORK AND WHICH IS NOT EXEMPT FROM TAXATION
 PURSUANT TO THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW;
 OR
   (C) any public school, including any school district, board of cooper-
 ative educational services, public college or public university.
   § 2. This act shall take effect immediately.
 
                                  PART S
 
   Section 1. Subdivisions 37 and 38 of section 292 of the executive law,
 subdivision 37 as amended by chapter 118, subdivision  37  as  added  by

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 chapter  160 of the laws of 2019, are renumbered subdivisions 38, 39 and
 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
 the fairest possible and equal opportunities for employment in the civil

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 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 and 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;

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   (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
 status, age, sex, marital status, lawful source of  income  or  familial
 status  in  the terms, conditions or privileges of any publicly-assisted

 S. 2506--A                         87                         A. 3006--A
 
 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, as
 amended by chapter 8 and 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, 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, subparagraphs 1, 2 and 3 of paragraph (a)
 as amended by section 4, subparagraphs 1  and  2  of  paragraph  (c)  as

 S. 2506--A                         88                         A. 3006--A
 
 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.
   The provisions of this paragraph (a) shall not apply (1) to the rental
 of a housing accommodation in a building which contains housing accommo-
 dations 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 determining whether  hous-
 ing  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

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 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. 2506--A                         90                         A. 3006--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.

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   §  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 IMMIGRATIONS 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

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 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;

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   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 T
 
   Section  1. Section 522 of the labor law, as amended by chapter 720 of
 the laws of 1953, is amended to read as follows:
   § 522. Total unemployment.   "Total unemployment"  OR  "TOTALLY  UNEM-
 PLOYED"  means  the  total  lack  of any employment on any day. The term
 "employment" as used in this section means any employment including that
 not defined in this title.
   § 2.  Section 523 of the labor law, as amended by chapter 675  of  the
 laws of 1977, is amended to read as follows:
   § 523. [Effective day] PARTIAL UNEMPLOYMENT.  ["Effective day" means a
 full  day of total unemployment provided such day falls within a week in
 which a claimant had  four  or  more  days  of  total  unemployment  and
 provided further that only those days of total unemployment in excess of

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 three  days  within  such week are deemed "effective days". No effective
 day is deemed to occur in a week in  which  the  claimant  has  days  of
 employment for which he is paid compensation exceeding the highest bene-
 fit  rate  which  is applicable to any claimant in such week. A claimant
 who is employed on a shift continuing through midnight is deemed to have
 been employed on the day beginning before midnight with respect to  such
 shift,  except  where  night  shift employees are regularly scheduled to
 start their work week at seven post meridiem  or  thereafter  on  Sunday
 night,  their  regularly  scheduled  starting  time  on  Sunday shall be
 considered as starting on Monday.] "PARTIAL UNEMPLOYMENT" OR  "PARTIALLY
 UNEMPLOYED"  MEANS  ANY WEEK IN WHICH THE CLAIMANT WORKS LESS THAN FULL-
 TIME IF THE WAGES PAYABLE TO SUCH INDIVIDUAL FOR SUCH WEEK DO NOT  EQUAL
 OR  EXCEED  THE  INDIVIDUAL'S  WEEKLY  BENEFIT  AMOUNT  PLUS ONE HUNDRED
 DOLLARS OR FORTY PERCENT OF THE CLAIMANT'S WEEKLY BENEFIT AMOUNT, WHICH-
 EVER IS GREATER. FOR PURPOSES OF THIS SECTION, REMUNERATION  SHALL  ALSO
 INCLUDE  ANY  HOLIDAY  OR  VACATION PAY PAYABLE WITH RESPECT TO ANY SUCH
 WEEK, WHETHER OR NOT ANY SERVICE WAS PERFORMED DURING SUCH WEEK  OR  WAS
 IN ANY OTHER WAY REQUIRED FOR RECEIPT OF SUCH HOLIDAY OR VACATION PAY.
   § 3. The labor law is amended by adding a new section 523-a to read as
 follows:
   §  523-A. WEEK OF UNEMPLOYMENT. FOR PURPOSES OF THIS ARTICLE, "WEEK OF
 UNEMPLOYMENT" SHALL MEAN A WEEK IN WHICH A  CLAIMANT  IS  TOTALLY  UNEM-
 PLOYED  OR  PARTIALLY UNEMPLOYED.  A CLAIMANT WHO IS EMPLOYED ON A SHIFT
 CONTINUING THROUGH MIDNIGHT IS DEEMED TO HAVE BEEN EMPLOYED ON  THE  DAY
 BEGINNING BEFORE MIDNIGHT WITH RESPECT TO SUCH SHIFT, EXCEPT WHERE NIGHT
 SHIFT  EMPLOYEES  ARE  REGULARLY  SCHEDULED  TO START THEIR WORK WEEK AT
 SEVEN POST MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHE-
 DULED STARTING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY.
   § 4. Section 524 of the labor law, as added by chapter 5 of  the  laws
 of 2000, is amended to read as follows:
   §  524.  Week  of  employment.  For purposes of this article, "week of
 employment" shall mean a Monday through Sunday  period  during  which  a
 claimant was paid remuneration for employment for an employer or employ-
 ers  liable  for  contributions or for payments in lieu of contributions
 under this article.  A CLAIMANT WHO IS EMPLOYED ON  A  SHIFT  CONTINUING
 THROUGH  MIDNIGHT  IS  DEEMED TO HAVE BEEN EMPLOYED ON THE DAY BEGINNING
 BEFORE MIDNIGHT WITH RESPECT TO SUCH SHIFT,  EXCEPT  WHERE  NIGHT  SHIFT
 EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST
 MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHEDULED START-
 ING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY.
   §  5.  Subdivision  4  of  section 527 of the labor law, as amended by
 chapter 832 of the laws of 1968 and as renumbered by chapter 381 of  the
 laws of 1984, is amended to read as follows:
   4.  General  condition.  A valid original claim may be filed only in a
 week [in which the claimant has at least one effective day of  unemploy-
 ment] OF UNEMPLOYMENT, AS DEFINED IN THIS ARTICLE.
   §  6. Clauses (i), (ii), (iii) and (iv) of subparagraph 2 of paragraph
 (e) of subdivision 1 of section 581 of the  labor  law,  as  amended  by
 chapter 282 of the laws of 2002, are amended to read as follows:
   (i)  In  those instances where the claimant may not utilize wages paid
 to establish entitlement based upon  subdivision  ten  of  section  five
 hundred  ninety  of  this  article and an educational institution is the
 claimant's last employer prior to the filing of the claim for  benefits,
 or  the  claimant  performed services in such educational institution in
 such capacity while employed by an educational service agency  which  is
 the  claimant's last employer prior to the filing of the claim for bene-

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 fits, such employer shall not be liable for  benefit  charges  [for  the
 first  twenty-eight  effective days of benefits paid] IN AN AMOUNT EQUAL
 TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as  otherwise
 provided  by this section. Under such circumstances, benefits paid shall
 be charged to the general account. In addition, wages  paid  during  the
 base  period  by  such educational institutions, or for services in such
 educational  institutions  for  claimants  employed  by  an  educational
 service  agency shall not be considered base period wages during periods
 that such wages may not be used to gain entitlement to benefits pursuant
 to subdivision ten of section five hundred ninety of this article.
   (ii) In those instances where the claimant may not utilize wages  paid
 to  establish  entitlement based upon subdivision eleven of section five
 hundred ninety of this article and an  educational  institution  is  the
 claimant's  last employer prior to the filing of the claim for benefits,
 or the claimant performed services in such  educational  institution  in
 such  capacity  while employed by an educational service agency which is
 the claimant's last employer prior to the filing of the claim for  bene-
 fits,  such  employer  shall  not be liable for benefit charges [for the
 first twenty-eight effective days of benefits paid] IN AN  AMOUNT  EQUAL
 TO  THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise
 provided by this section. Under such circumstances, benefits  paid  will
 be  charged  to  the general account. In addition, wages paid during the
 base period by such educational institutions, or for  services  in  such
 educational  institutions  for  claimants  employed  by  an  educational
 service agency shall not be considered base period wages during  periods
 that such wages may not be used to gain entitlement to benefits pursuant
 to  subdivision  eleven  of section five hundred ninety of this article.
 However, in those instances where a claimant was not afforded an  oppor-
 tunity  to perform services for the educational institution for the next
 academic year or term after  reasonable  assurance  was  provided,  such
 employer  shall  be  liable  for benefit charges as provided for in this
 paragraph for any retroactive payments made to the claimant.
   (iii) In those instances where the federal government  is  the  claim-
 ant's  last  employer  prior to the filing of the claim for benefits and
 such employer is not a  base-period  employer,  payments  [equaling  the
 first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE
 BENEFITS  PAID  FOR  SEVEN  WEEKS  OF  TOTAL  UNEMPLOYMENT  as otherwise
 prescribed by this section shall be charged to the general  account.  In
 those  instances  where  the  federal  government is the claimant's last
 employer prior to the filing of the claim for benefits and a base-period
 employer, such employer shall be liable for  charges  for  all  benefits
 paid  on such claim in the same proportion that the remuneration paid by
 such employer during the base period bears to the remuneration  paid  by
 all  employers  during  the  base  period.  In addition, benefit payment
 charges [for the first twenty-eight effective days of  benefits]  IN  AN
 AMOUNT  EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT
 other than those chargeable to  the  federal  government  as  prescribed
 above shall be made to the general account.
   (iv)  In those instances where a combined wage claim is filed pursuant
 to interstate reciprocal agreements and  the  claimant's  last  employer
 prior  to  the  filing of the claim is an out-of-state employer and such
 employer is not a base-period employer, benefit payments  [equaling  the
 first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE
 BENEFITS  PAID  FOR  SEVEN  WEEKS  OF  TOTAL  UNEMPLOYMENT  as otherwise
 prescribed by this section shall be charged to the general  account.  In
 those  instances  where  the  out-of-state employer is the last employer

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 prior to the filing of the claim for benefits and a base-period employer
 such employer shall be liable for charges for all benefits paid on  such
 claim in the same proportion that the remuneration paid by such employer
 during  the  base period bears to the remuneration paid by all employers
 during the base period. In addition, benefit payment  charges  [for  the
 twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENE-
 FITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those charge-
 able  to  the out-of-state employer as prescribed above shall be made to
 the general account.
   § 7. Subdivisions 1, 3, 4, paragraph (a) of subdivision 5 and subdivi-
 sions 6 and 7 of section 590 of the labor law, subdivisions 1 and  3  as
 amended  by chapter 645 of the laws of 1951, subdivision 4 as amended by
 chapter  457  of  the  laws  of  1987, paragraph (a) of subdivision 5 as
 amended by section 8 of part O of chapter 57 of the laws of 2013, subdi-
 vision 6 as added by chapter 720 of the laws of 1953 and  as  renumbered
 by  chapter    675  of the laws of 1977, and subdivision 7 as amended by
 chapter 415 of the laws of 1983, are amended and a new paragraph (c)  is
 added to subdivision 5 to read as follows:
   1.  Entitlement  to benefits. A claimant shall be entitled to [accumu-
 late effective days for the purpose of benefit rights]  THE  PAYMENT  OF
 BENEFITS  only if [he] SAID CLAIMANT has complied with the provisions of
 this article regarding the filing of [his] A claim, including the filing
 of a valid original claim, registered as totally UNEMPLOYED OR PARTIALLY
 unemployed, reported [his] subsequent employment and  unemployment,  and
 reported  for work or otherwise given notice of the continuance of [his]
 unemployment.
   3. Compensable periods. Benefits shall be paid for each  [accumulation
 of effective days within a] week OF UNEMPLOYMENT.
   4. Duration. Benefits shall not be paid for more than [one hundred and
 four effective days] AN AMOUNT EXCEEDING TWENTY-SIX TIMES THE CLAIMANT'S
 WEEKLY  BENEFIT  RATE in any benefit year, except as provided in section
 six hundred one and subdivision two of section five hundred  ninety-nine
 of this [chapter] TITLE.
   (a)  A  claimant's  weekly benefit amount shall be one twenty-sixth of
 the remuneration paid during the highest calendar quarter  of  the  base
 period  by  employers,  liable  for contributions or payments in lieu of
 contributions under this article, provided the claimant has remuneration
 paid in all four calendar quarters during his  or  her  base  period  or
 alternate  base  period.  However, for any claimant who has remuneration
 paid in all four calendar quarters during his  or  her  base  period  or
 alternate  base  period  and  whose  high  calendar quarter remuneration
 during the base period  is  three  thousand  five  hundred  seventy-five
 dollars  or  less,  the  benefit amount shall be one twenty-fifth of the
 remuneration paid during the highest calendar quarter of the base period
 by employers liable for contributions or payments in  lieu  of  contrib-
 utions  under  this  article.  A  claimant's weekly benefit shall be one
 twenty-sixth of the average remuneration paid in the two  highest  quar-
 ters  paid  during the base period or alternate base period by employers
 liable for contributions or payments in lieu of contributions under this
 article when the claimant has remuneration paid in two or three calendar
 quarters provided however, that a claimant whose high  calendar  quarter
 is  four  thousand  dollars or less but greater than three thousand five
 hundred seventy-five dollars shall have a weekly benefit amount  of  one
 twenty-sixth  of  such  high calendar quarter. However, for any claimant
 who has remuneration paid in two or three calendar quarters  during  his
 or  her  base  period  or  alternate base period and whose high calendar

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 quarter remuneration during the  base  period  is  three  thousand  five
 hundred  seventy-five  dollars  or less, the benefit amount shall be one
 twenty-fifth of the remuneration paid during the highest calendar  quar-
 ter of the base period by employers liable for contributions or payments
 in  lieu  of  contributions  under this article. Any claimant whose high
 calendar quarter remuneration during the base period is more than  three
 thousand five hundred seventy-five dollars shall not have a weekly bene-
 fit amount less than one hundred forty-three dollars. The weekly benefit
 amount,  so  computed,  that  is  not  a multiple of one dollar shall be
 lowered to the next multiple of one  dollar.  On  the  first  Monday  of
 September, nineteen hundred ninety-eight the weekly benefit amount shall
 not  exceed  three  hundred  sixty-five  dollars  nor be less than forty
 dollars, until the first Monday of September,  two  thousand,  at  which
 time  the  maximum  benefit  payable  pursuant to this subdivision shall
 equal one-half of the state average weekly wage for  covered  employment
 as  calculated by the department no sooner than July first, two thousand
 and no later than August first, two thousand, rounded down to the lowest
 dollar. On and after the first Monday of October, two thousand fourteen,
 the weekly benefit shall not be less than one hundred dollars, nor shall
 it exceed four hundred twenty dollars until the first Monday of October,
 two thousand fifteen when the  maximum  benefit  amount  shall  be  four
 hundred  twenty-five  dollars,  until  the  first Monday of October, two
 thousand sixteen when the maximum benefit amount shall be  four  hundred
 thirty  dollars,  until the first Monday of October, two thousand seven-
 teen when the maximum benefit amount shall be four  hundred  thirty-five
 dollars,  until  the first Monday of October, two thousand eighteen when
 the maximum benefit amount shall be four hundred  fifty  dollars,  until
 the  first  Monday  of  October,  two thousand nineteen when the maximum
 benefit amount shall be thirty-six percent of the  average  weekly  wage
 until  the first Monday of October, two thousand twenty when the maximum
 benefit amount shall be thirty-eight percent of the average weekly wage,
 until the first Monday of October two thousand twenty-one when the maxi-
 mum benefit amount shall be forty percent of the  average  weekly  wage,
 until  the  first  Monday  of  October, two thousand twenty-two when the
 maximum benefit amount shall be forty-two percent of the average  weekly
 wage,  until the first Monday of October, two thousand twenty-three when
 the maximum benefit amount shall be forty-four percent  of  the  average
 weekly wage, until the first Monday of October, two thousand twenty-four
 when  the maximum benefit amount shall be forty-six percent of the aver-
 age weekly wage, until the first Monday of October, two  thousand  twen-
 ty-five  when the maximum benefit amount shall be forty-eight percent of
 the average weekly wage, until the first Monday of October, two thousand
 twenty-six and each year thereafter on the first Monday of October  when
 the  maximum benefit amount shall be fifty percent of the average weekly
 wage provided, however, that in  no  event  shall  the  maximum  benefit
 amount  be  reduced from the previous year. A CLAIMANT SHALL RECEIVE HIS
 OR HER FULL BENEFIT RATE FOR EACH WEEK OF TOTAL UNEMPLOYMENT.
   (C) FOR A WEEK OF PARTIAL UNEMPLOYMENT, A CLAIMANT SHALL  BE  ELIGIBLE
 FOR  AN  AMOUNT  EQUAL  TO  THE DIFFERENCE BETWEEN THE CLAIMANT'S WEEKLY
 BENEFIT AMOUNT, AS CALCULATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION, AND ANY WAGES FOR SUCH WEEK IN EXCESS OF ONE  HUNDRED  DOLLARS  OR
 FORTY  PERCENT  OF  THE  WEEKLY BENEFIT AMOUNT, WHICHEVER IS GREATER. IF
 SUCH PARTIAL BENEFIT AMOUNT IS NOT A MULTIPLE OF ONE DOLLAR, SUCH AMOUNT
 SHALL BE REDUCED TO THE NEAREST LOWER FULL DOLLAR AMOUNT.
   6. Notification requirement. [No effective day shall  be  counted  for
 any purposes except effective days as to] BENEFITS SHALL BE PAYABLE ONLY

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 FOR  A  WEEK  OF UNEMPLOYMENT FOR which notification has been given in a
 manner prescribed by the commissioner.
   7.  Waiting  period.  A  claimant shall not be entitled to [accumulate
 effective days for the purpose of] RECEIVE benefit payments  until  [he]
 THE  CLAIMANT  has  [accumulated]  COMPLETED  a  waiting period of [four
 effective days either wholly within the] ONE week [in  which  he  estab-
 lished  his  valid  original claim or partly within such week and partly
 within his benefit year initiated by such claim] OF UNEMPLOYMENT.
   § 8. Subdivisions 1 and 2, paragraph (a) of subdivision  3  and  para-
 graph (a) of subdivision 6 of section 591 of the labor law, subdivisions
 1  and 2 as amended by chapter 413 of the laws of 2003, paragraph (a) of
 subdivision 3 as amended by chapter 794 of the laws of  1963  and  para-
 graph  (a)  of subdivision 6 as added by section 13 of part O of chapter
 57 of laws of 2013, are amended to read as follows:
   1. Unemployment. Benefits, except as provided in section five  hundred
 ninety-one-a  of  this  title,  shall  be paid only to a claimant who is
 totally UNEMPLOYED OR PARTIALLY unemployed [and who is unable to  engage
 in  his  usual  employment  or  in  any other for which he is reasonably
 fitted by training and experience]. A claimant who is receiving benefits
 under this article shall not be denied such benefits  pursuant  to  this
 subdivision or to subdivision two of this section because of such claim-
 ant's  service  on  a  grand or petit jury of any state or of the United
 States.
   2. Availability and capability. Except as  provided  in  section  five
 hundred  ninety-one-a of this title, no benefits shall be payable to any
 claimant who is not capable of work or who is  not  ready,  willing  and
 able to work in his OR HER usual employment or in any other for which he
 OR SHE is reasonably fitted by training and experience.  THE COMMISSION-
 ER  SHALL  PROMULGATE  REGULATIONS DEFINING A CLAIMANT'S ELIGIBILITY FOR
 BENEFITS WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING
 AND ABLE TO WORK IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE
 OR SHE IS REASONABLY FITTED BY TRAINING AND EXPERIENCE.
   (a) [No benefits shall be] BENEFITS payable to a claimant for any  day
 during  a  paid  vacation  period, or for a paid holiday, [nor shall any
 such day be considered a day of total unemployment  under  section  five
 hundred  twenty-two]  SHALL  BE  CALCULATED  AS PROVIDED IN SECTION FIVE
 HUNDRED TWENTY-THREE AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED NINETY
 of this article.
   (a) No benefits shall be payable to a claimant for any week  during  a
 dismissal period for which a claimant receives dismissal pay[, nor shall
 any day within such week be considered a day of total unemployment under
 section  five  hundred  twenty-two  of  this  article,]  if  such weekly
 dismissal pay exceeds the maximum weekly benefit rate PLUS  ONE  HUNDRED
 DOLLARS OR FIFTY PERCENT OF THE CLAIMANT'S WEEKLY BENEFIT AMOUNT, WHICH-
 EVER IS GREATER.
   § 9. Subdivisions 1 and 2 of section 591 of the labor law, subdivision
 1  as  amended  by  chapter 446 of the laws of 1981 and subdivision 2 as
 amended by chapter 252 of the laws of  2020,  are  amended  to  read  as
 follows:
   1.  Unemployment.  Benefits  shall  be  paid only to a claimant who is
 totally UNEMPLOYED OR PARTIALLY unemployed [and who is unable to  engage
 in  his  usual  employment  or  in  any other for which he is reasonably
 fitted by training and experience]. A claimant who is receiving benefits
 under this article shall not be denied such benefits  pursuant  to  this
 subdivision or to subdivision two of this section because of such claim-

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 ant's  service  on  a  grand or petit jury of any state or of the United
 States.
   2.  Availability,  capability,  and  work search. No benefits shall be
 payable to any claimant who is not capable of work or who is not  ready,
 willing  and able to work in his or her usual employment or in any other
 for which he or she is reasonably fitted by training and experience  and
 who is not actively seeking work. In order to be actively seeking work a
 claimant  must  be  engaged  in systematic and sustained efforts to find
 work. The commissioner shall promulgate regulations defining  systematic
 and  sustained  efforts to find work and setting standards for the proof
 of work search efforts. Such regulations shall  take  into  account  the
 need  for  claimants  to provide child care for their child or children,
 and the regulations shall ensure that such claimants are able to satisfy
 the standards for proof of work search efforts. THE  COMMISSIONER  SHALL
 PROMULGATE  REGULATIONS  DEFINING  A CLAIMANT'S ELIGIBILITY FOR BENEFITS
 WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING AND ABLE
 TO WORK IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE  OR  SHE
 IS REASONABLY FITTED BY TRAINING AND EXPERIENCE.
   §  10.  Subdivision  2  of section 592 of the labor law, as amended by
 chapter 415 of the laws of 1983, is amended to read as follows:
   2. Concurrent payments prohibited.  No  [days  of  total  unemployment
 shall  be  deemed  to occur] BENEFITS SHALL BE PAYABLE in any week [with
 respect to which] or [a] part [of] THEREOF,  IN  which  a  claimant  has
 received  or  is  seeking  unemployment  benefits  under an unemployment
 compensation law of any other state or of the  United  States,  provided
 that  this  provision  shall not apply if the appropriate agency of such
 other state or of the United States finally  determines  that  [he]  THE
 CLAIMANT is not entitled to such unemployment benefits.
   §  11. Paragraph (a) of subdivision 1, the opening paragraph of subdi-
 vision 2 and subdivisions 3 and 4 of section 593 of the labor law, para-
 graph (a) of subdivision 1, the opening paragraph of subdivision  2  and
 subdivision  3  as  amended by section 15 of part O of chapter 57 of the
 laws of 2013 and subdivision 4 as amended by chapter 589 of the laws  of
 1998, are amended to read as follows:
   (a)  No [days of total unemployment shall be deemed to occur] BENEFITS
 SHALL BE PAYABLE FOR ANY WEEK OF UNEMPLOYMENT THAT OCCURS after a claim-
 ant's voluntary separation without good cause from employment  until  he
 or  she has subsequently worked in employment and earned remuneration at
 least equal to ten times his or her weekly benefit rate. In addition  to
 other  circumstances that may be found to constitute good cause, includ-
 ing a compelling family reason as set forth in  paragraph  (b)  of  this
 subdivision,  voluntary  separation  from employment shall not in itself
 disqualify a claimant if circumstances have developed in the  course  of
 such  employment that would have justified the claimant in refusing such
 employment in the first instance under the terms of subdivision  two  of
 this  section or if the claimant, pursuant to an option provided under a
 collective bargaining agreement or written employer plan  which  permits
 waiver  of  his  or  her  right to retain the employment when there is a
 temporary layoff because of lack of work, has elected  to  be  separated
 for a temporary period and the employer has consented thereto.
   No  [days  of  total  unemployment  shall be deemed to occur] BENEFITS
 SHALL BE PAYABLE FOR ANY WEEK OF UNEMPLOYMENT beginning with the day  on
 which  a  claimant,  without  good  cause, refuses to accept an offer of
 employment for which he or she is  reasonably  fitted  by  training  and
 experience,  including  employment not subject to this article, until he
 or she has subsequently worked in employment and earned remuneration  at

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 least  equal  to  ten  times his or her weekly benefit rate. Except that
 claimants who are not subject to a recall date  or  who  do  not  obtain
 employment  through  a  union  hiring  hall and who are still unemployed
 after  receiving  ten  weeks of benefits shall be required to accept any
 employment proffered that such  claimants  are  capable  of  performing,
 provided  that  such  employment  would  result  in a wage not less than
 eighty percent of such claimant's high calendar quarter  wages  received
 in  the  base period and not substantially less than the prevailing wage
 for similar work in the locality as provided for  in  paragraph  (d)  of
 this  subdivision. No refusal to accept employment shall be deemed with-
 out good cause nor shall it disqualify any claimant  otherwise  eligible
 to receive benefits if:
   3.  Misconduct.  No  [days  of  total  unemployment shall be deemed to
 occur] BENEFITS SHALL BE PAYABLE  FOR  ANY  WEEK  OF  UNEMPLOYMENT  THAT
 OCCURS after a claimant lost employment through misconduct in connection
 with  his  or  her employment until he or she has subsequently worked in
 employment and earned remuneration at least equal to ten  times  his  or
 her weekly benefit rate.
   4.  Criminal  acts.  No [days of total unemployment shall be deemed to
 occur during] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF UNEMPLOYMENT FOR
 a period of twelve months after a claimant loses employment as a  result
 of  an  act  constituting  a  felony in connection with such employment,
 provided the claimant is duly convicted thereof or has signed  a  state-
 ment admitting that he or she has committed such an act.  Determinations
 regarding  a  benefit  claim  may be reviewed at any time.  Any benefits
 paid to a claimant prior to a determination that the claimant  has  lost
 employment  as a result of such act shall not be considered to have been
 accepted by the claimant in good faith. In addition,  remuneration  paid
 to the claimant by the affected employer prior to the claimant's loss of
 employment  due to such criminal act may not be utilized for the purpose
 of establishing entitlement to a subsequent, valid original  claim.  The
 provisions  of  this subdivision shall apply even if the employment lost
 as a result of such act is not the claimant's last employment  prior  to
 the filing of his or her claim.
   § 12. Subdivisions 1 and 2 of section 594 of the labor law, as amended
 by  section  16 of part O of chapter 57 of the laws of 2013, are amended
 to read as follows:
   (1) A claimant who has wilfully made a false  statement  or  represen-
 tation  to obtain any benefit under the provisions of this article shall
 forfeit benefits for at least the first [four] WEEK OF UNEMPLOYMENT  but
 not  more  than  the first [eighty effective days] TWENTY WEEKS OF UNEM-
 PLOYMENT following discovery of such offense for which he or she  other-
 wise  would  have  been entitled to receive benefits. Such penalty shall
 apply only once with respect to each such offense.
   (2) For the purpose of subdivision four of section five hundred ninety
 of this article, the claimant shall be deemed to have received  benefits
 for such forfeited [effective days] WEEKS OF UNEMPLOYMENT.
   §  13. Subdivisions 1 and 4 of section 596 of the labor  law, subdivi-
 sion 1 as amended by chapter 204 of the laws of 1982 and  subdivision  4
 as added by chapter 705 of the laws of 1944 and as renumbered by section
 148-a  of part B of chapter 436 of the laws of 1997, are amended to read
 as follows:
   1. Claim filing and certification to unemployment.  A  claimant  shall
 file  a  claim for benefits [at] WITH the [local state employment office
 serving the area in which he was last employed or in which  he  resides]
 DEPARTMENT within such time and in such manner as the commissioner shall

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 prescribe. [He] THE CLAIMANT shall disclose whether he OR SHE owes child
 support  obligations,  as  hereafter  defined. If a claimant making such
 disclosure is eligible for benefits, the commissioner shall  notify  the
 state  or  local child support enforcement agency, as hereafter defined,
 that the claimant is eligible.
   A claimant shall correctly report any [days  of]  employment  and  any
 compensation  [he] received for such employment, including [employments]
 EMPLOYMENT not subject to this article, and the days on which he OR  SHE
 was  totally  UNEMPLOYED  OR  PARTIALLY  unemployed  and shall make such
 reports in accordance with such regulations as  the  commissioner  shall
 prescribe.
   4.  Registration  and reporting for work. A claimant shall register as
 totally UNEMPLOYED OR PARTIALLY unemployed [at a local state  employment
 office  serving  the  area  in which he was last employed or in which he
 resides] WITH THE DEPARTMENT in accordance with such regulations as  the
 commissioner  shall prescribe. After so registering, such claimant shall
 [report for work at the same local state employment office or otherwise]
 give notice of [the continuance of his] CONTINUED TOTAL OR PARTIAL unem-
 ployment  as  often  and  in  such  manner  as  the  commissioner  shall
 prescribe.
   §  14. Paragraph (a) of subdivision 2 of section 599 of the labor law,
 as amended by chapter 593 of the laws of 1991, is  amended  to  read  as
 follows:
   (a)  Notwithstanding  any  other provision of this chapter, a claimant
 attending an approved training course or program under this section  may
 receive  additional  benefits of up to [one hundred four effective days]
 TWENTY-SIX TIMES HIS OR HER WEEKLY BENEFIT AMOUNT  following  exhaustion
 of regular and, if in effect, any other extended benefits, provided that
 entitlement  to a new benefit claim cannot be established. Certification
 of continued satisfactory participation and progress  in  such  training
 course  or  program  must  be submitted to the commissioner prior to the
 payment of any such benefits. The [duration] AMOUNT of  such  additional
 benefits  shall  in  no case exceed twice the [number of effective days]
 AMOUNT of regular benefits to which the claimant is entitled at the time
 the claimant is accepted in, or demonstrates application for appropriate
 training.
   § 15. The opening paragraph and paragraph  (e)  of  subdivision  2  of
 section  601  of  the labor law, as amended by chapter 35 of the laws of
 2009, are amended to read as follows:
   Extended benefits shall be payable to a claimant for  [effective  days
 occurring  in]  any  week  OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT
 within an eligibility period, provided the claimant
   (e) is not claiming benefits pursuant to  an  interstate  claim  filed
 under  the  interstate benefit payment plan in a state where an extended
 benefit period is not in effect, except that this  condition  shall  not
 apply  with  respect  to  the  first [eight effective days] TWO WEEKS OF
 TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT for which  extended  benefits
 shall  otherwise  be payable pursuant to an interstate claim filed under
 the interstate benefit payment plan; and
   § 16. Subdivisions 3, 4 and paragraphs (b) and (e) of subdivision 5 of
 section 601 of the labor law, as amended by chapter 35 of  the  laws  of
 2009, are amended to read as follows:
   3.  Extended  benefit  amounts;  rate  and duration. Extended benefits
 shall be paid to a claimant
   (a) at a rate equal to his or her rate for regular benefits during his
 or her applicable benefit year but

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   (b) for not more than [fifty-two effective days with respect to his or
 her applicable benefit year, with a total maximum amount equal to] fifty
 percentum of the total maximum amount of  regular  benefits  payable  in
 such benefit year, and
   (c) if a claimant's benefit year ends within an extended benefit peri-
 od,  the remaining balance of extended benefits to which he or she would
 be entitled, if any, shall be reduced by the [number of effective  days]
 AMOUNT  OF  BENEFITS  for  which he or she was entitled to receive trade
 readjustment allowances under the federal trade act of nineteen  hundred
 seventy-four during such benefit year, and
   (d)  for periods of high unemployment for not more than [eighty effec-
 tive days with respect to the applicable benefit year with a total maxi-
 mum amount equal to] eighty percent of the total maximum amount of regu-
 lar benefits payable in such benefit year.
   4. Charging of extended benefits. The provisions of paragraph  (e)  of
 subdivision one of section five hundred eighty-one of this article shall
 apply  to  benefits paid pursuant to the provisions of this section, and
 if they were paid for [effective days] WEEKS OF  UNEMPLOYMENT  occurring
 in  weeks following the end of a benefit year, they shall be deemed paid
 with respect to that benefit  year.  However,  except  for  governmental
 entities as defined in section five hundred sixty-five and Indian tribes
 as  defined in section five hundred sixty-six of this article, only one-
 half of the amount of such benefits shall be debited to  the  employers'
 account;  the remainder thereof shall be debited to the general account,
 and such account shall be credited with the amount of payments  received
 in  the  fund  pursuant  to the provisions of the federal-state extended
 unemployment compensation act. Notwithstanding the foregoing, where  the
 state  has  entered  an  extended  benefit  period triggered pursuant to
 subparagraph one of paragraph (a) of subdivision one of this section for
 which federal law provides for one hundred percent  federal  sharing  of
 the  costs  of  benefits,  all  charges  shall be debited to the general
 account and such account shall be credited with the amount  of  payments
 received  in  the  fund  pursuant to the provisions of the federal-state
 extended unemployment compensation act or other  federal  law  providing
 for one hundred percent federal sharing for the cost of such benefits.
   (b)  No [days of total unemployment shall be deemed to occur in] BENE-
 FITS SHALL BE PAYABLE FOR any week within an eligibility  period  during
 which  a claimant fails to accept any offer of suitable work or fails to
 apply for suitable work to which he or she was referred by  the  commis-
 sioner,  who  shall  make  such  referral  if such work is available, or
 during which he or she fails to  engage  actively  in  seeking  work  by
 making  a  systematic  and sustained effort to obtain work and providing
 tangible evidence of such effort, and until he  or  she  has  worked  in
 employment during at least four subsequent weeks and earned remuneration
 of at least four times his or her benefit rate.
   (e) No [days of total unemployment] BENEFITS shall be [deemed to occur
 in] PAYABLE FOR any week within an eligibility period under section five
 hundred ninety-three of this [article] TITLE, until he or she has subse-
 quently  worked  in  employment  in accordance with the requirements set
 forth in section five hundred ninety-three of this [article] TITLE.
   § 17. Section 603 of the labor law, as amended by section 21 of part O
 of chapter 57 of the laws of 2013, is amended to read as follows:
   § 603. Definitions. For purposes of this title:  "Total  unemployment"
 AND  "PARTIAL UNEMPLOYMENT" shall [mean the total lack of any employment
 on any day,] HAVE THE SAME MEANINGS AS DEFINED IN  THIS  ARTICLE,  other
 than  with  an employer applying for a shared work program. "Work force"

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 shall mean the total work force, a clearly identifiable  unit  or  units
 thereof,  or  a  particular  shift  or shifts. The work force subject to
 reduction shall consist of no less than two employees.
   §  18. Severability. If any amendment contained in a clause, sentence,
 paragraph, section or part of this act shall be adjudged by  the  United
 States Department of Labor to violate requirements for maintaining bene-
 fit  standards  required  of  the  state in order to be eligible for any
 financial benefit offered through federal law or regulation, such amend-
 ments shall be severed from this act and shall  not  affect,  impair  or
 invalidate the remainder thereof.
   §  19.  This act shall take effect one year after the date on which it
 shall have become a law; provided that the amendments to subdivisions  1
 and  2 of section 591 of the labor law made by section eight of this act
 shall be subject to the expiration and reversion  of  such  subdivisions
 pursuant  to  section 10 of chapter 413 of the laws of 2003, as amended,
 when upon such date the provisions of section nine  of  this  act  shall
 take effect.
 
                                  PART U
 
   Section  1.  Section 577 of the private housing finance law is amended
 by adding a new subdivision 2-a to read as follows:
   2-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRA-
 RY,  A PROJECT OF A HOUSING DEVELOPMENT FUND COMPANY MANAGED OR OPERATED
 BY A COMPANY INCORPORATED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW
 AND THIS ARTICLE, THAT HAS ENTERED INTO A REGULATORY AGREEMENT WITH  THE
 COMMISSIONER  OR  SUPERVISORY  AGENCY  PURSUANT  TO SECTION FIVE HUNDRED
 SEVENTY-SIX OF THIS ARTICLE SHALL BE EXEMPT FROM THE SALES  AND  COMPEN-
 SATING USE TAXES IMPOSED PURSUANT TO ARTICLE TWENTY-EIGHT OR TWENTY-NINE
 OF  THE  TAX  LAW, AND SUCH TAX EXEMPTION SHALL CONTINUE ONLY SO LONG AS
 SUCH AGREEMENT IS IN FORCE AND EFFECT.
   § 2. This act  shall  take  effect  immediately  and  shall  apply  to
 projects that entered into regulatory agreements pursuant to section 576
 of the private housing finance law on or after January 1, 2020.
 
                                  PART V
 
   Section 1. Subdivisions 5, 6, 7, 12, 13, 14, 15, 16, and 17 of section
 111-h  of the social services law are REPEALED, subdivisions 18, 19, and
 20 are renumbered subdivisions 12, 13, and 14 and three new subdivisions
 5, 6, and 7 are added to read as follows:
   5. EXCEPT AS PROVIDED IN SUBDIVISION SIX OF THIS  SECTION,  ANY  FUNDS
 PAID  TO  A  SUPPORT  COLLECTION  UNIT  ESTABLISHED BY A SOCIAL SERVICES
 DISTRICT WHICH HAVE NOT BEEN  DISBURSED  AFTER  TWO  YEARS  OF  DILIGENT
 EFFORTS TO LOCATE THE PERSON ENTITLED TO SUCH FUNDS SHALL BE PAID TO THE
 STATE  COMPTROLLER  IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION
 UNLESS INFORMATION HAS BEEN RECEIVED THAT  IS  LIKELY  TO  LEAD  TO  THE
 LOCATION OF THE PERSON WHO IS ENTITLED TO SUCH FUNDS; PROVIDED, HOWEVER,
 WHERE THE SUPPORT COLLECTION UNIT DETERMINES THAT THE PERSON ENTITLED TO
 THE  FUNDS  IS DECEASED AND CANNOT LOCATE AN ESTATE FOR THE PERSON ENTI-
 TLED TO THE FUNDS, OR THE ESTATE DOES NOT CLAIM THE  FUNDS,  SUCH  FUNDS
 MAY  BE  PAID  TO  THE  STATE COMPTROLLER IN ACCORDANCE WITH SUBDIVISION
 SEVEN OF THIS SECTION WITHOUT TWO YEARS OF DILIGENT EFFORTS.
   6. ANY FUNDS PAID TO A SUPPORT COLLECTION UNIT ESTABLISHED BY A SOCIAL
 SERVICES DISTRICT FOR WHICH THE REMITTER OF SUCH FUNDS HAS NOT  PROVIDED
 SUFFICIENT IDENTIFYING INFORMATION TO ASSOCIATE THE FUNDS WITH AN EXIST-

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 ING  OR  PREVIOUSLY EXISTING CHILD SUPPORT ACCOUNT, AND SUCH INFORMATION
 CANNOT BE DETERMINED AFTER DILIGENT EFFORTS, SHALL BE PAID TO THE  STATE
 COMPTROLLER IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION.
   7.  IN  THE  MONTH  OF APRIL, ON OR BEFORE THE TENTH DAY THEREOF, SUCH
 PAYMENT SHALL BE DELIVERED TO THE STATE COMPTROLLER PURSUANT TO  SECTION
 THIRTEEN  HUNDRED  EIGHTEEN  OF THE ABANDONED PROPERTY LAW, AND SHALL BE
 ACCOMPANIED BY A WRITTEN REPORT, AFFIRMED AS TRUE AND ACCURATE UNDER THE
 PENALTY OF PERJURY, CLASSIFIED AS THE STATE COMPTROLLER SHALL PRESCRIBE,
 SETTING FORTH:
   (A) THE NAMES AND LAST KNOWN ADDRESSES, IF ANY, OF THE  PERSONS  ENTI-
 TLED TO RECEIVE SUCH ABANDONED PROPERTY;
   (B)  THE  TITLE OF ANY PROCEEDING RELATING TO SUCH ABANDONED PROPERTY;
 AND
   (C) SUCH OTHER IDENTIFYING INFORMATION AS THE  STATE  COMPTROLLER  MAY
 REQUIRE.
   §  2.  Paragraph  (c) of subdivision 1 of section 600 of the abandoned
 property law is REPEALED.
   § 3. Subdivision 3 of section 602 of the  abandoned  property  law  is
 REPEALED.
   §  4.  The  abandoned  property law is amended by adding a new section
 1318 to read as follows:
   § 1318. UNCLAIMED SPOUSAL AND CHILD SUPPORT. ANY  AMOUNT  REPRESENTING
 CHILD  SUPPORT OR CHILD AND SPOUSAL SUPPORT PAID TO A SUPPORT COLLECTION
 UNIT ESTABLISHED BY A SOCIAL SERVICES DISTRICT WHICH HAS BEEN  DELIVERED
 TO  THE  STATE  COMPTROLLER PURSUANT TO SUBDIVISION SEVEN OF SECTION ONE
 HUNDRED ELEVEN-H OF THE SOCIAL SERVICES LAW SHALL  BE  DEEMED  ABANDONED
 PROPERTY.   ON OR BEFORE THE TENTH DAY OF APRIL IN EACH YEAR, SUCH ABAN-
 DONED PROPERTY SHALL BE PAID TO  THE  STATE  COMPTROLLER.  SUCH  PAYMENT
 SHALL  BE  ACCOMPANIED  BY A VERIFIED WRITTEN REPORT IN SUCH FORM AS THE
 STATE COMPTROLLER MAY PRESCRIBE.
   § 5. Subparagraph (b) of paragraph 1 of subdivision 4 of  section  240
 of  the  domestic  relations law, as added by chapter 398 of the laws of
 1997, is amended to read as follows:
   (b) The party filing the specific written objections  shall  bear  the
 burden of going forward and the burden of proof; provided, however, that
 if  the  support collection unit has failed to provide the documentation
 and information required by FORMER subdivision fourteen of  section  one
 hundred  eleven-h  of  the  social  services  law, the court shall first
 require the support collection unit to furnish such documents and infor-
 mation to the parties and the court.
   § 6. Subparagraph 2 of paragraph b of subdivision 3 of section 413  of
 the  family  court  act, as added by chapter 398 of the laws of 1997, is
 amended to read as follows:
   (2) The party filing the specific written objections  shall  bear  the
 burden of going forward and the burden of proof; provided, however, that
 if  the  support collection unit has failed to provide the documentation
 and information required by FORMER subdivision fourteen of  section  one
 hundred  eleven-h  of  the  social  services  law, the court shall first
 require the support collection unit to furnish such documents and infor-
 mation to the parties and the court.
   § 7. Paragraph (a) of  subdivision  13,  subdivisions  16  and  17  of
 section  111-b  of the social services law, paragraph (a) of subdivision
 13 as added by chapter 59 of the laws of 1993, subdivision 16  as  added
 by  chapter  706 of the laws of 1996, paragraph (a) of subdivision 16 as
 amended by chapter 139 of the laws of 1999 and subdivision 17  as  added
 by chapter 398 of the laws of 1997, are amended to read as follows:

 S. 2506--A                         105                        A. 3006--A
 
   (a)  The  commissioner  shall enter into the agreement provided for in
 section one hundred seventy-one-g of the tax law and  is  authorized  to
 furnish to the commissioner of taxation and finance any information, and
 to  take such other actions, as may be necessary to carry out the agree-
 ment  provided for in such section, for the purpose of reviewing support
 orders pursuant to FORMER subdivision  twelve  of  section  one  hundred
 eleven-h of this title.
   16.  Bureaus  of special hearings; child support unit. (a) The depart-
 ment is authorized to establish a  bureau  of  special  hearings;  child
 support  unit  solely  for  the purposes of providing administrative law
 judges to decide objections to the determination of a support collection
 unit to refer an obligor's arrears to the  department  of  taxation  and
 finance  for  collection  pursuant to subdivision [nineteen] THIRTEEN of
 section one hundred eleven-h of this title. The administrative law judg-
 es employed by the unit shall serve  exclusively  within  the  unit  and
 shall not be utilized for any purpose other than those described in this
 subdivision  and shall be salaried employees of the department and shall
 not be removed from such unit except for cause.
   (b) The unit shall review a support  collection  unit's  denial  of  a
 challenge  made by a support obligor pursuant to paragraph two of subdi-
 vision [nineteen] THIRTEEN of section one hundred eleven-h of this title
 if objections thereto are filed by a support obligor  who  has  received
 notice  that the department intends to notify the department of taxation
 and finance to collect such support obligor's support arrears.  Specific
 written objections to a support collection unit's denial must be submit-
 ted by the support obligor to the unit within thirty days of the date of
 the  notice  of  the support collection unit's denial. A support obligor
 who files such objections shall serve a copy of the objections upon  the
 support  collection unit, which shall have ten days from such service to
 file a written rebuttal to such objections and a copy of the record upon
 which the support collection  unit's  denial  was  made,  including  all
 documentation  submitted  by the support obligor. Proof of service shall
 be filed with the unit at the time  of  filing  of  objections  and  any
 rebuttal.  The  unit's  review shall be based solely upon the record and
 submissions of the support obligor and the support collection unit  upon
 which the support collection unit's denial was made. Within fifteen days
 after the rebuttal, if any, is filed, an administrative law judge of the
 unit  shall (i) deny the objections and remand to the support collection
 unit or (ii) affirm the objections if the administrative law judge finds
 the determination of the support collection unit is based upon an  erro-
 neous  determination  of fact by the support collection unit. Such deci-
 sion shall pertain solely to the mistaken identity  of  the  obligor,  a
 prejudicial  error  in  the  calculation  of  the obligor's arrears, the
 obligor's financial exemption from collection of support arrears by  the
 department of taxation and finance or the absence of an underlying court
 order  establishing arrears to support eligibility for such enforcement.
 Upon an affirmation of the objections the administrative law judge shall
 direct the support collection unit not to notify the department of taxa-
 tion and finance of their authority to  collect  the  support  obligor's
 arrears. Provisions set forth in this subdivision relating to procedures
 for  hearing objections by the unit shall apply solely to such cases and
 not affect or modify any other procedure for review or appeal of  admin-
 istrative enforcement of child support requirements. The decision of the
 administrative law judge pursuant to this section shall be final and not
 reviewable by the commissioner, and shall be reviewable only pursuant to
 article seventy-eight of the civil practice law and rules.

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   17.  Special  services for review and adjustment. The department shall
 develop procedures for and require local social  services  districts  to
 dedicate  special  staff  to  the review and adjustment of child support
 orders entered prior to September fifteenth,  nineteen  hundred  eighty-
 nine  on  behalf  of  children  in receipt of public assistance or child
 support services pursuant to section one hundred eleven-g of this title.
 Such review and adjustment shall be performed pursuant to FORMER  subdi-
 visions  twelve,  thirteen, fourteen, fifteen and sixteen of section one
 hundred eleven-h of this title. All such cases shall be reviewed and  if
 necessary adjusted no later than December thirty-first, two thousand.
   §  8.  This act shall take effect immediately; provided, however, that
 any funds which were deposited with the county treasurer or the  commis-
 sioner  of  finance  of  the city of New York in accordance with section
 111-h of the social services law prior to the effective date of this act
 shall be delivered to the state comptroller on or before April  1,  2022
 in accordance with subdivision 7 of section 111-h of the social services
 law, as added by section one of this act.
 
                                  PART W
 
   Section  1.  1.  Upon the oral or written request of an employee, each
 employer shall provide each employee up to four hours  of  leave  to  be
 used for each of up to two COVID-19 vaccine injections, provided however
 that  an employer that provides or arranges to provide a COVID-19 vacci-
 nation at the employee's workplace shall provide sufficient time to  the
 employee for such vaccine injections.
   2.  For purposes of this act, the term "employer" has the same meaning
 as the term "employer" in section 190 of the labor law  except  that  it
 also includes government agencies.
   3.  Except where prohibited by law, an employer may request documenta-
 tion from an employee confirming  the  employee's  eligibility  to  take
 leave under this act before authorizing such leave.
   4.  Each  employee  shall be compensated at his or her regular rate of
 pay for those regular work hours during which  the  employee  is  absent
 from work due to leave provided by this act.
   5.  The  leave  provided by this act shall be provided without loss or
 reduction of an employee's accrued leave  under  section  196-b  of  the
 labor  law  or  earned  benefits  or wage supplements subject to section
 198-c of the labor law.
   6. No employer or any other person, shall discharge, threaten,  penal-
 ize,  or  in  any  other  manner  discriminate  or retaliate against any
 employee because such employee has exercised his or her rights  afforded
 under this act, consistent with and subject to the provisions of section
 215 of the labor law.
   7.  The  commissioner  of  labor  shall  have authority to adopt regu-
 lations, including emergency regulations, and issue guidance to effectu-
 ate any of the provisions of this act. Employers shall comply with regu-
 lations promulgated by the commissioner of labor for this purpose  which
 may  include, but is not limited to, standards for the use, payment, and
 employee eligibility of leave pursuant to this act.
   8. The provisions of this act and any regulations  adopted  thereunder
 may  be  enforced  by the commissioner of labor through the remedies and
 protections provided in, and applied to, article 6 of the labor law.
   9. Nothing in this act shall be deemed to impede,  infringe,  diminish
 or  impair  the  rights  of an employee or employer under any law, rule,
 regulation or collectively negotiated agreement, or the rights and bene-

 S. 2506--A                         107                        A. 3006--A
 
 fits which accrue to employees through collective bargaining agreements,
 or otherwise diminish the integrity of the existing collective  bargain-
 ing  relationship,  or  to prohibit any personnel action which otherwise
 would  have  been taken regardless of any request to use, or utilization
 of, any leave provided by this act.
   § 2. This act shall take effect immediately.
 
                                  PART X
 
   Section 1. Section 2401 of the public authorities law  is  amended  by
 adding a new undesignated paragraph to read as follows:
   IT  IS  FURTHER  FOUND  AND  DETERMINED  THAT  THERE  IS A SHORTAGE OF
 ADEQUATE FUNDS TO ASSIST IN THE NEW CONSTRUCTION OF  HOUSING,  INCLUDING
 MODULAR AND MANUFACTURED HOUSING.
   §  2. Subdivisions 2, 5, and 12 of section 2402 of the public authori-
 ties law, subdivision 2 as amended by chapter 806 of the laws  of  1990,
 subdivision  5 as amended by chapter 151 of the laws of 2013, and subdi-
 vision 12 as added by chapter 915 of the laws of 1982,  are  amended  to
 read as follows:
   (2)  "Bank". Any bank or trust company, savings bank, savings and loan
 association, industrial bank, credit  union,  national  banking  associ-
 ation,  federal  savings  and  loan association, federal savings bank or
 federal credit union which is located in  the  state.  The  term  "bank"
 shall  also  include  a  New  York  state licensed mortgage banker, or a
 domestic  not-for-profit  corporation  whose  public  purposes   include
 combatting  community  deterioration and which is an exempt organization
 as defined in paragraph (e) of subdivision one of section  five  hundred
 ninety of the banking law, or an entity exempt from licensing provisions
 in  accordance  with  paragraph  (a)  of subdivision two of SUCH section
 [five hundred ninety of such law], which in any such case is approved as
 a mortgage lender by the Federal National Mortgage Association or by the
 Federal Home  Loan  Mortgage  Corporation,  OR  DOMESTIC  NOT-FOR-PROFIT
 CORPORATIONS THAT ARE CERTIFIED BY THE UNITED STATES DEPARTMENT OF TREA-
 SURY  AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS OR LICENSED BY THE
 NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES.
   (5) "Mortgage". A loan owed to a bank secured by a first lien on a fee
 simple or leasehold estate in real property located  in  the  state  and
 improved  by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE
 SHALL BE CONSTRUCTED USING THE PROCEEDS OF SUCH  LOAN,  whether  or  not
 insured  or  guaranteed  by  the  United States of America or any agency
 thereof. The term "mortgage" shall also include a loan owed  to  a  bank
 secured  by  a  second  lien on a fee simple or leasehold estate in real
 property located in the state and improved by a residential structure OR
 ON WHICH A RESIDENTIAL STRUCTURE SHALL BE CONSTRUCTED USING THE PROCEEDS
 OF THE RELATED LOAN DESCRIBED IN PARAGRAPH (A) OR (B) OF  THIS  SUBDIVI-
 SION, whether or not insured or guaranteed by the United States of Amer-
 ica or any agency thereof, provided, however, that such second lien: (a)
 secures a loan purchased by the agency, and (b) is made at the same time
 as  a first lien securing a loan purchased by the agency pursuant to its
 programs or by a government sponsored enterprise or is made at the  same
 time  as  a new housing loan purchased by the agency pursuant to section
 twenty-four hundred five-c of this part. The term "mortgage" shall  also
 include  loans  made by the agency and secured by a second lien on a fee
 simple or leasehold estate in real property located  in  the  state  and
 improved  by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE
 SHALL BE CONSTRUCTED USING THE PROCEEDS OF SUCH  LOAN,  whether  or  not

 S. 2506--A                         108                        A. 3006--A
 
 insured  or  guaranteed  by  the  United States of America or any agency
 thereof, provided however, that the loan made by the agency and  secured
 by  such second lien is made at the same time as a first lien securing a
 mortgage  loan  purchased by the agency pursuant to its programs or by a
 government sponsored enterprise.    In  the  case  of  any  second  lien
 purchased  or  made  hereunder,  the  mortgagor  shall  be  obligated to
 contribute from his or her own verifiable funds an amount not less  than
 such  percentage  as  the  agency  shall  determine, of the lower of the
 purchase price or appraised value of the property subject to  the  first
 lien.  "Real  property"  as  used  in this subdivision shall include air
 rights.
   For the purposes of this title and of [section one hundred ninety  and
 subsection  (a) of section one thousand four hundred fifty-six] SUBDIVI-
 SION TEN OF SECTION TWO HUNDRED TEN-B of the tax law,  "mortgage"  shall
 include  housing  loans  as  defined  below.  Except for the purposes of
 subdivision seven of section [two  thousand  four]  TWENTY-FOUR  hundred
 five  and  subdivision eight of section two thousand four hundred five-b
 of this part, "mortgage" shall also include a loan owed to a bank by  an
 individual  borrower  incurred for the purpose of financing the purchase
 of certificates of stock or other evidence of ownership of  an  interest
 in,  and  a  proprietary  lease  from, a cooperative housing corporation
 formed for the purpose of the cooperative ownership of residential  real
 estate  in  the state, secured by an assignment or transfer of the bene-
 fits of such cooperative ownership, and containing such terms and condi-
 tions as the agency may approve.
   (12) "Forward commitment mortgage". A  mortgage,  WHICH  INCLUDES  NEW
 CONSTRUCTION  LOANS, for which a commitment to advance funds is made not
 earlier than the date the agency issues an invitation to purchase  mort-
 gages or such later date as specified in the invitation. A mortgage made
 in  satisfaction  of  the obligation of a bank under section twenty-four
 hundred five of this [title] PART is not a forward commitment mortgage.
   § 3. Subdivisions 7 and 14 of section 2404 of the  public  authorities
 law,  subdivision  7  as amended by chapter 782 of the laws of 1992, and
 subdivision 14 as added by chapter 612 of the laws of 1970, are  amended
 to read as follows:
   (7)  To (a) acquire, and contract to acquire, existing mortgages owned
 by banks and to enter into advance commitments to banks for the purchase
 of said mortgages, all subject to the provisions of section  [two  thou-
 sand  four]  TWENTY-FOUR hundred five of this [title] PART, (b) acquire,
 and contract to acquire, forward commitment mortgages made by banks  and
 to  enter  into  advance  commitments  to banks for the purchase of said
 mortgages, all subject to the provisions of section [two thousand  four]
 TWENTY-FOUR  hundred  five-b  of  this  [title]  PART,  (c) acquire, and
 contract to acquire, new housing loans made by banks and to  enter  into
 advance commitments to banks for the purchase of said housing loans, all
 subject  to  the  provisions  of section [two thousand four] TWENTY-FOUR
 hundred five-c of this [title] PART, [and] (d) to acquire  and  contract
 to  acquire  mortgages pursuant to section twenty-four hundred five-d of
 this title, AND (E) ACQUIRE, AND CONTRACT TO ACQUIRE,  NEW  CONSTRUCTION
 MORTGAGE  LOANS  OWNED BY BANKS AND TO ENTER INTO ADVANCE COMMITMENTS TO
 BANKS FOR THE PURCHASE OF SUCH MORTGAGES, ALL SUBJECT TO THE  PROVISIONS
 OF SECTION TWENTY-FOUR HUNDRED FIVE-B OF THIS PART;
   (14) To renegotiate, refinance or foreclose, or contract for the fore-
 closure  of, any mortgage in default; to waive any default or consent to
 the modification of the terms of any mortgage; to commence any action to
 protect or enforce any right conferred upon it  by  any  law,  mortgage,

 S. 2506--A                         109                        A. 3006--A
 
 contract  or  other agreement, and to bid for and purchase such property
 at any foreclosure or at any other sale, or acquire or  take  possession
 of  any such property; to operate, manage, lease, dispose of, and other-
 wise  deal  with  such  property, in such manner as [may be necessary to
 protect the interests of the agency and the holders  of  its  bonds  and
 notes]  WOULD  FURTHER THE PURPOSES OF THE AGENCY, SUBJECT TO ANY AGREE-
 MENT WITH ITS BONDHOLDERS OR NOTEHOLDERS;
   § 4. Subdivisions 3 and 5 and paragraphs (a), (f), and (h) of subdivi-
 sion 8 of section 2405-b of the public authorities law,  subdivisions  3
 and  5  and  paragraphs (a) and (h) of subdivision 8 as added by chapter
 915 of the laws of 1982, paragraph  (h)  of  subdivision  8  as  further
 amended  by  section 104 of part A of chapter 62 of the laws of 2011 and
 paragraph (f) of subdivision 8 as amended by chapter 432 of the laws  of
 2009, are amended to read as follows:
   (3)  In  conducting its program of purchasing forward commitment mort-
 gages, the agency shall be governed by the provisions of  paragraph  (b)
 of subdivision three of section twenty-four hundred five of this [title]
 PART;  HOWEVER, WITH RESPECT TO NEW CONSTRUCTION LOANS, THE AGENCY SHALL
 BE GOVERNED BY THE PROVISIONS OF ONLY SUBPARAGRAPH  (III)  OF  PARAGRAPH
 (B)  OF  SUBDIVISION  THREE  OF SECTION TWENTY-FOUR HUNDRED FIVE OF THIS
 PART.
   (5) Notwithstanding the  maximum  interest  rate,  if  any,  fixed  by
 section  5-501  of  the  general  obligations  law  or any other law not
 specifically amending or applicable to this section, the agency may  set
 the  interest rate to be borne by forward commitment mortgages purchased
 by the agency from banks at a rate or rates which the agency  from  time
 to  time  shall determine [to], PROVIDED HOWEVER, THAT IF SUCH MORTGAGES
 ARE FINANCED THROUGH THE ISSUANCE OF THE AGENCY'S BONDS  OR  NOTES,  THE
 INTEREST  RATE  SHALL  be  at  least sufficient, together with any other
 available monies, to provide for the payment of its bonds and notes, and
 forward commitment mortgages bearing such interest  rate  shall  not  be
 deemed to violate any such law or to be unenforceable if originated by a
 bank  in  good  faith  pursuant  to  an undertaking with the agency with
 respect to the sale thereof notwithstanding any  subsequent  failure  of
 the  agency  to purchase the mortgage or any subsequent sale or disposi-
 tion of the mortgage by the agency to such bank or any other person.
   (a) OTHER THAN WITH RESPECT TO NEW CONSTRUCTION  LOANS,  the  mortgage
 was  not made in satisfaction of an obligation of the bank under section
 twenty-four hundred five of this [title] PART;
   (f) the mortgage constitutes a valid first lien, or second  lien  WITH
 RESPECT  TO  MORTGAGES  OTHER  THAN  NEW CONSTRUCTION LOANS, on the real
 property described to the agency in accordance with subdivision five  of
 section  twenty-four hundred two of this part subject only to real prop-
 erty taxes not yet due, installments of assessments  not  yet  due,  and
 easements and restrictions of record which do not adversely affect, to a
 material  degree,  the use or value of the real property or improvements
 thereon;
   (h) the improvements to, OR NEW CONSTRUCTION OF,  the  mortgaged  real
 property  are  covered  by  a  valid  and subsisting policy of insurance
 issued by a  company  authorized  by  the  superintendent  of  financial
 services  to  issue such policies in the state of New York and providing
 fire and extended coverage to an amount not less than eighty percent  of
 the  insurable value of the improvements to, OR NEW CONSTRUCTION OF, the
 mortgaged real property.
   § 5. This act shall take effect immediately; provided, however, that:

 S. 2506--A                         110                        A. 3006--A
 
   a. the amendments to subdivisions 2, 5 and 12 of section 2402  of  the
 public  authorities law made by section two of this act shall not affect
 the expiration of such subdivisions and shall be deemed to expire there-
 with;
   b.  the  amendments  to  subdivision  7  of section 2404 of the public
 authorities law made by section three of this act shall not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith;
 and
   c. the amendments to section 2405-b of the public authorities law made
 by section four of this act shall not affect the repeal of such  section
 and shall be deemed repealed therewith.
 
                                  PART Y
 
   Section  1.  Prohibited  fees  or  charges.  Notwithstanding any other
 provision of law, no landlord, lessor, sub-lessor or grantor of a  resi-
 dential  dwelling  shall  demand  or  be entitled to any payment, fee or
 charge for late payment of rent from the period of March 20, 2020  until
 May 1, 2021.
   §  2.  Security  deposits. Notwithstanding any other provision of law,
 landlords and tenants or licensees of residential properties  may,  upon
 the consent of the tenant or licensee, enter into a written agreement by
 which the security deposit and any interest which accrued or should have
 accrued  thereof,  shall  be used to pay rent that is in arrears or will
 become due.
   a. If the amount of the deposit represents less than a full month rent
 payment, then such agreement  shall  not  constitute  a  waiver  of  the
 remaining rent due and owing for that month.
   b.  Execution  in  counterpart  by  email  will  constitute sufficient
 execution for consent.
   c. Landlords shall provide such relief to tenants or licensees who  so
 request  it  on  or  before  May  1, 2021, provided that such tenants or
 licensees complete a "Hardship Declaration" as  defined  by  Part  A  of
 chapter  381  of  the laws of 2020 also known as the "COVID-19 Emergency
 Eviction and  Foreclosure  Prevention  Act  of  2020."  Landlords  shall
 provide  the  hardship  declaration, in English and the tenant's primary
 language if such translation is made available by the  Office  of  Court
 Administration,  to tenants and licensees who request relief pursuant to
 this act.
   d. Utilization of such security deposit shall  be  at  the  tenant  or
 licensee's  sole  option  and  landlords  shall  not harass, threaten or
 engage in any harmful act to compel such agreement.
   e. Any security deposit used as a payment of rent shall be replenished
 by the tenant or licensee, to be paid at the rate  of  1/12  the  amount
 used  as  rent per month. The payments to replenish the security deposit
 shall commence no earlier than June 1, 2021, but which may  be  extended
 upon  agreement  by  the  parties.  No  landlord  shall require interest
 payments to be made as part of or in addition to the repayment  schedule
 as set forth in this paragraph.
   f.  The tenant or licensee may, at their sole option, retain insurance
 that provides relief for the landlord in lieu of  the  monthly  security
 deposit  replenishment.    The  landlord,  must, if offered, accept such
 insurance as replenishment.
   § 3. This act shall take effect immediately, and shall  be  deemed  to
 have been in full force and effect on and after May 7, 2020.

 S. 2506--A                         111                        A. 3006--A
 
                                  PART Z
 
   Section  1.  This part enacts into law major components of legislation
 which are related to making child care more  affordable  for  low-income
 families and easing administrative burdens for the child care workforce.
 Each  component  is  wholly  contained  within  a  Subpart identified as
 Subparts A and B.   The effective date  for  each  particular  provision
 contained  within  such Subpart is set forth in the last section of such
 Subpart. Any provision  in  any  section  contained  within  a  Subpart,
 including  the effective date of the Subpart, which makes 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 Subpart in which it is found.   Section  two  contains  a
 severability clause for all provisions contained in each subpart of this
 Part. Section three of this act sets forth the general effective date of
 this Part.
 
                                 SUBPART A
 
   Section  1. Subdivision 8 of section 410-w of the social services law,
 as added by chapter 144 of the laws of  2015,  is  amended  to  read  as
 follows:
   8.  Notwithstanding any other provision of law, rule or regulations to
 the contrary, a social services district that implements a  plan  amend-
 ment  to  the  child care portion of its child and family services plan,
 either as part of an annual plan update,  or  through  a  separate  plan
 amendment  process,  where  such  amendment  reduces eligibility for, or
 increases the family share percentage of, families receiving child  care
 services, or that implements the process for closing child care cases as
 set forth in the district's approved child and family services plan, due
 to the district determining that it cannot maintain its current caseload
 because  all  of the available funds are projected to be needed for open
 cases, shall provide all  families  whose  eligibility  for  child  care
 assistance  or  family  share percentage will be impacted by such action
 with at least thirty days prior written notice of the action.  PROVIDED,
 HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS TITLE SHALL
 NOT BE REQUIRED TO CONTRIBUTE MORE THAN TWENTY PERCENT OF  THEIR  INCOME
 EXCEEDING THE STATE INCOME STANDARD.
   §  2.  Subdivision  6  of section 410-x 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:
   6.  Pursuant to department regulations, child care assistance shall be
 provided on a sliding fee basis based upon the family's ability to  pay;
 PROVIDED,  HOWEVER,  THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS
 TITLE SHALL NOT BE REQUIRED TO CONTRIBUTE MORE THAN  TWENTY  PERCENT  OF
 THEIR INCOME EXCEEDING THE STATE INCOME STANDARD.
   § 3. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1.  Paragraph  (a)  of  subdivision 2 of section 390-a of the
 social services law, as amended by chapter 416 of the laws of  2000,  is
 amended to read as follows:
   (a) review and evaluate the backgrounds of and information supplied by
 any  person  applying  to be a child day care center or school-age child
 care program employee or volunteer or group family day care assistant, a

 S. 2506--A                         112                        A. 3006--A
 
 provider of family day care or group family day care, or a director of a
 child day care center, head start day care center  or  school-age  child
 care  program.  Such  procedures shall include but not be limited to the
 following  requirements: that the applicant set forth his or her employ-
 ment history[, provide personal and employment references]; submit  such
 information  as  is  required  for  screening with the statewide central
 register  of  child  abuse  and  maltreatment  in  accordance  with  the
 provisions  of section four hundred twenty-four-a of this article; [sign
 a sworn statement indicating whether, to the best of his  or  her  know-
 ledge, he or she has ever been convicted of a crime in this state or any
 other  jurisdiction;] and provide his or her fingerprints for submission
 to the division of criminal justice  services  in  accordance  with  the
 provisions of section three hundred ninety-b of this title;
   §  2.  The  opening  paragraph  of  paragraph  (b) of subdivision 2 of
 section 390-b of the social services law, as added by section 9 of  part
 H of chapter 56 of the laws of 2019, is amended to read as follows:
   notwithstanding  any other provision of law to the contrary, [prior to
 October first, two thousand twenty,] all clearances listed  in  subdivi-
 sion  one of this section that have not previously been conducted pursu-
 ant to paragraph (a) of this subdivision and for which on-going criminal
 history results are not already provided, shall be conducted in  accord-
 ance  with  a  schedule  developed  by the office of children and family
 services, for all:
   § 3. Subparagraphs (i) and (iv) of paragraph (d) of subdivision 3-a of
 section 390-b of the social services law, as added by section 9 of  part
 H of chapter 56 of the laws of 2019, are amended to read as follows:
   (i)  Where a clearance conducted pursuant to this section reveals that
 an applicant to be the operator or director of a child day care program,
 or applicant to be a caregiver, or anyone who is not related in any  way
 to  all  children for whom child care services will be provided, resides
 in the home over the age of eighteen where child day care is proposed to
 be provided to children in a home-based setting has been charged with  a
 crime,  the office of children and family services shall hold the appli-
 cation in abeyance until  the  charge  is  finally  resolved;  PROVIDED,
 HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE THE
 APPLICATION  PRIOR  TO  RESOLUTION  OF THE CHARGE IF A CONVICTION ON THE
 CHARGE WOULD NOT RESULT IN THE INDIVIDUAL, PROGRAM,  OR  PROVIDER  BEING
 DEEMED INELIGIBLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   (iv) Where a clearance conducted pursuant to this section reveals that
 an applicant to be an employee or volunteer with the potential for unsu-
 pervised  contact  with children of a child day care program or enrolled
 legally-exempt provider has been charged with a crime, the office  shall
 hold  the  application in abeyance until the charge is finally resolved;
 PROVIDED, HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY  SERVICES  MAY
 APPROVE  THE  APPLICATION  PRIOR  TO  RESOLUTION  OF  THE  CHARGE  IF  A
 CONVICTION ON THE CHARGE WOULD NOT RESULT IN THE EMPLOYEE  OR  VOLUNTEER
 BEING DEEMED INELIGIBLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   §  4.   Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 1
 of section 424-a of the social services law, as amended by section 14 of
 part H of chapter 56 of the  laws  of  2019,  are  amended  to  read  as
 follows:
   (ii)  A licensing agency shall inquire of the office whether an appli-
 cant for a certificate, license  or  permit  to  operate  a  child  care
 program  including  a  family day care home, group family day care home,
 child care center, school age child care program,  or  enrolled  legally
 exempt provider or an employee, volunteer or applicant to be an employee

 S. 2506--A                         113                        A. 3006--A
 
 or  volunteer in such program who has potential for regular and substan-
 tial contact with children in the program, is the confirmed  subject  of
 an  indicated  child  abuse  report  maintained by the statewide central
 register  of  child  abuse  and  maltreatment; PROVIDED, HOWEVER, THAT A
 LICENSING AGENCY MAY, BUT IS NOT REQUIRED TO, SUBMIT AN INQUIRY PURSUANT
 TO THIS SUBPARAGRAPH IF SUCH INDIVIDUAL  HAS  BEEN  THE  SUBJECT  OF  AN
 INQUIRY PURSUANT TO THIS SUBPARAGRAPH WITHIN THE LAST FIVE YEARS AND HAS
 MAINTAINED  A  ROLE IN ONE OR MORE CHILD CARE PROGRAMS DURING SUCH FIVE-
 YEAR PERIOD WITHOUT A BREAK IN TIME WHERE SUCH INDIVIDUAL CEASED TO PLAY
 A ROLE IN ANY CHILD CARE PROGRAM OF NOT MORE  THAN  ONE  HUNDRED  EIGHTY
 CONSECUTIVE DAYS. The office shall promulgate regulations related to the
 process  by  which providers and applicants will be informed whether the
 applicant is authorized or unauthorized to care for  children  based  on
 the outcome of such inquiry.
   (iii)  A  licensing  agency  shall  inquire  of the office whether any
 person age eighteen or older who is not related in any way to all  chil-
 dren  for  whom  care  is provided that resides on the premises of where
 child care is provided in a setting that is not the child's own home  by
 an  enrolled legally-exempt provider as such term is defined in subdivi-
 sion one-a of section three hundred ninety-b of this  [chapter]  ARTICLE
 is  the  confirmed subject of an indicated child abuse report maintained
 by the statewide central  register  of  child  abuse  and  maltreatment;
 PROVIDED,  HOWEVER,  THAT A LICENSING AGENCY MAY, BUT IS NOT REQUIRED TO
 SUBMIT AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH IF SUCH  INDIVIDUAL  HAS
 BEEN  THE SUBJECT OF AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH WITHIN THE
 LAST FIVE YEARS AND HAS MAINTAINED A ROLE IN  ONE  OR  MORE  CHILD  CARE
 PROGRAMS DURING SUCH FIVE-YEAR PERIOD WITHOUT A BREAK IN TIME WHERE SUCH
 INDIVIDUAL  CEASED  TO PLAY A ROLE IN ANY CHILD CARE PROGRAM OF NOT MORE
 THAN ONE HUNDRED EIGHTY CONSECUTIVE DAYS. The  office  shall  promulgate
 regulations  related  to  the  process by which providers and applicants
 will be informed whether the applicant is authorized or unauthorized  to
 care for children based on the outcome of such inquiry.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the  office  of  children  and
 family  services is hereby authorized to promulgate such rules and regu-
 lations as may be necessary to implement the provisions of this  act  on
 or before such effective date.
   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part contained in any subpart 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
 by confined in its operation to the clause, sentence, paragraph,  subdi-
 vision,  section  or  part  contained  in  any  subpart thereof directly
 involved in the controversy in  which  such  judgment  shall  have  been
 rendered. It is hereby declared to be the intent of the legislature that
 this act would have been enacted even if such invalid provisions had not
 been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A and B of this act  shall  be
 as specifically set forth in the last section of such Subparts.
 
                                  PART AA
 
   Section 1. Legislative findings and intent. The legislature finds that
 the  transition  to  the green economy and creating good paying jobs are
 not mutually exclusive priorities for New York State. In order  to  make

 S. 2506--A                         114                        A. 3006--A
 
 this transition and achieve the ambitious goals set forth in the Climate
 Leadership  and  Community Protection Act, a clear focus on prioritizing
 renewable energy sources is necessary. However,  the  workers  who  will
 build  the  infrastructure of the green economy must not be left behind.
 Setting clear standards for job quality will ensure the creation of good
 jobs, protect workers in the ongoing transition of  our  energy  sector,
 and  result  in  positive  economic  impacts.  Due to such findings, the
 legislature hereby declares that  the  mandate  of  prevailing  wage  or
 project  labor  agreements  for  construction  work  and engineering and
 consulting services performed in connection  with  the  installation  of
 renewable  energy systems provided in this bill will ensure that workers
 are central to New York State's transition to the green economy.
   § 2. 1. (a) For purposes of this  act,  a  "covered  renewable  energy
 project" means construction work and engineering and consulting services
 performed  under  contract  which is paid for in whole or in part out of
 public funds as such term is defined in this section where the amount of
 all such public funds, when aggregated, is at least  thirty  percent  of
 the total construction project costs, in connection with either:
   (i)  the  installation  of  a renewable energy system, as such term is
 defined in section 66-p of the public service law, with a capacity  over
 twenty-five  megawatts alternating current and with a total project cost
 of over ten million dollars; or
   (ii) the installation of a solar energy system with  a  capacity  over
 five megawatts alternating current and with a total project cost of over
 five million dollars.
   (b) For purposes of this act, a covered renewable energy project shall
 exclude construction work performed under a pre-hire collective bargain-
 ing  agreement  between  an owner or contractor and a bona fide building
 and construction trade labor organization which has  established  itself
 as  the  collective  bargaining  representative for all persons who will
 perform work on such a project, and which provides that only contractors
 and subcontractors who sign a pre-negotiated agreement  with  the  labor
 organization  can  perform  work on such a project, or construction work
 performed under a labor peace agreement, project labor agreement, or any
 other construction work performed under an enforceable agreement between
 an owner or contractor and a bona fide building and  construction  trade
 labor organization.
   (c)  For  purposes  of  this act, "paid for in whole or in part out of
 public funds" shall mean (i) the payment of money, by a  public  entity,
 or  a  third  party  acting on behalf of and for the benefit of a public
 entity, directly to or  on  behalf  of  the  contractor,  subcontractor,
 developer  or owner that is not subject to repayment, including, without
 limitation, grants, incentives,  the  procurement  of  renewable  energy
 credits,  or  loans  to  be  repaid  only on a contingent basis; or (ii)
 savings achieved from fees, rents, interest rates, or other loan  costs,
 or  insurance  costs  that are lower than market rate costs by virtue of
 the involvement of a public entity.
   2. Notwithstanding part FFF of chapter 58 of the  laws  of  2020  that
 established  prevailing  wage  for construction work done under contract
 which is paid for in whole or in part out of  public  funds,  a  covered
 renewable  energy  project  shall be subject to prevailing wage require-
 ments in accordance with sections 220 and 220-b of the labor law.  Noth-
 ing  herein shall be construed to require the payment of prevailing wage
 or require a project labor agreement  for  a  renewable  energy  project
 which is paid for with solely private funds, by private entities.

 S. 2506--A                         115                        A. 3006--A
 
   3.  For  purposes of this act, the "fiscal officer" shall be deemed to
 be the commissioner of labor.
   4. The enforcement of any covered renewable energy project pursuant to
 this  act  shall  be  subject  only  to the requirement of sections 220,
 220-b, and 224-b of the labor law and within  the  jurisdiction  of  the
 fiscal  officer;  provided, however, nothing contained in this act shall
 be deemed to construe any covered renewable energy project as  otherwise
 being considered public work pursuant to article 8 of the labor law.
   5.  The  fiscal  officer may issue rules and regulations governing the
 provisions of this act. Violations of this  act  shall  be  grounds  for
 determinations and orders pursuant to section 220-b of the labor law.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, or section 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,  or  section  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   §  4. This act shall take effect on January 1, 2022 and shall apply to
 covered renewable energy projects that begin on or after that date.
 
                                  PART BB
 
   Section 1. The state finance law is amended by adding  a  new  section
 99-ii to read as follows:
   § 99-II. EMERGENCY RENTAL ASSISTANCE LOCAL GOVERNMENT ALLOCATION FUND.
 1.  THERE  IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
 TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A TRUST AND  AGENCY
 FUND  KNOWN  AS  THE "EMERGENCY RENTAL ASSISTANCE LOCAL GOVERNMENT ALLO-
 CATION FUND".
   2. SUCH FUND SHALL CONSIST OF MONIES RECEIVED IN TRUST FROM  UNITS  OF
 LOCAL  GOVERNMENT  FROM THE ALLOCATIONS THAT SUCH UNITS OF LOCAL GOVERN-
 MENT RECEIVED FROM THE  UNITED  STATES  TREASURY  FOR  EMERGENCY  RENTAL
 ASSISTANCE  FUNDING  ENACTED  IN  PUBLIC  LAW 116-260 AND ANY AMENDMENTS
 THERETO.
   3. THE MONIES OF THE FUND SHALL BE  PAID,  WITHOUT  APPROPRIATION,  TO
 PROVIDE  RENTAL ASSISTANCE FOR RESIDENTS OF THE RESPECTIVE LOCAL GOVERN-
 MENT UNIT FROM WHICH THE MONIES WERE RECEIVED IN ACCORDANCE WITH  PUBLIC
 LAW  116-260  AND ANY AMENDMENTS THERETO AND PURSUANT TO A PLAN APPROVED
 BY THE DIRECTOR OF THE BUDGET.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2021.
 
                                  PART CC
 
   Section  1. Subdivisions 3 and 4 of section 581-a of the labor law, as
 amended by chapter 21 of the laws  of  2021,  are  amended  to  read  as
 follows:
   3.  Notwithstanding  the provisions of section five hundred eighty-one
 of this title to the contrary, AND FOR THE PURPOSE OF RESPONDING TO  THE
 COVID-19  PANDEMIC,  any employer whose employees receive payments under
 this article [and whose claims for unemployment insurance arise  due  to
 the  closure  of  the  employer  or  a reduction in the workforce of the
 employer for reasons related to the  COVID-19  pandemic,  or  due  to  a

 S. 2506--A                         116                        A. 3006--A

 mandatory  order  of  a  government entity duly authorized to issue such
 order to close such employer due to the COVID-19  pandemic,]  FOR  UNEM-
 PLOYMENT  CLAIMS  MADE  on  or after March [twelfth] NINTH, two thousand
 twenty AND THROUGH THE DURATION OF THE STATE DISASTER EMERGENCY DECLARED
 BY EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOUSAND TWENTY AND ANY
 FURTHER  AMENDMENTS OR MODIFICATIONS THERETO, shall not have included in
 their experience rating charges the amounts so  paid  to  the  employees
 from  the  fund. SUCH CHARGES, IF NOT REIMBURSED, IN WHOLE OR IN PART BY
 THE FEDERAL GOVERNMENT, SHALL BE MADE TO THE  GENERAL  ACCOUNT  FOR  THE
 FUND CREATED BY SECTION FIVE HUNDRED FIFTY OF THIS ARTICLE.
   4.  The  provisions  of this section shall apply to an employer liable
 for CONTRIBUTIONS OR payments in  lieu  of  contributions,  but  if  the
 secretary  of labor of the United States finds that their application to
 such employer does not meet the requirements of the Federal Unemployment
 Tax Act, such provisions shall  be  inoperative  with  respect  to  such
 employer, unless and until such finding has been set aside pursuant to a
 final   decision   issued   in  accordance  with  such  judicial  review
 proceedings as may be instituted and completed under the  provisions  of
 section thirty-three hundred ten of the Federal Unemployment Tax Act.
   §   2. Section 2 of chapter 21 of the laws of 2021, amending the labor
 law relating to prohibiting the inclusion  of  claims  for  unemployment
 insurance  arising  from the closure of an employer due to COVID-19 from
 being included in such employer's experience rating charges, is  amended
 to read as follows:
   § 2. This act shall take effect immediately [and shall expire December
 31, 2021, when upon such date the provisions of this act shall be deemed
 repealed].
   § 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 CC of this act shall be
 as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3006--B
 
                           I N  A S S E M B L Y
 
                             January 20, 2021
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read once and referred to the  Committee  on  Ways
   and  Means -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted 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 the apportion-
   ment of public moneys to school  districts  employing  eight  or  more
   teachers;  to amend the education law, in relation to pandemic adjust-
   ment payment reduction; to amend the education  law,  in  relation  to
   aidable  transportation  expense;  to amend chapter 537 of the laws of
   1976, relating to  paid, free and reduced price breakfast for eligible
   pupils in certain school districts, in relation to making school  food
   authorities  eligible  for  the additional state subsidy in accordance
   with the Summer Food Service Program; to amend the education  law,  in
   relation to the statewide universal full-day pre-kindergarten program;
   to  legalize,  validate,  ratify  and  confirm  the actions of certain
   school districts notwithstanding the failure to file  certain  reports
   with the education department; to amend the education law, in relation
   to  charter  school  aid;  to  amend  chapter 507 of the laws of 1974,
   relating to providing for the apportionment of state monies to certain
   nonpublic schools, to reimburse them for their expenses  in  complying
   with  certain state requirements for the administration of state test-
   ing and evaluation programs and for participation  in  state  programs
   for the reporting of basic educational data, in relation to the calcu-
   lation  of  nonpublic  schools'  eligibility  to receive aid; 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  2021-2022
   school  year;  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  withholding  a
   portion of employment preparation education aid and 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.
                                                            LBD12572-03-1

 A. 3006--B                          2
 
   effectiveness  thereof;  to  amend part B of chapter 57 of the laws of
   2008, amending the education law relating to the universal  prekinder-
   garten  program,  in  relation  to the effectiveness thereof; to amend
   chapter  425  of the laws of 2002, amending the education law relating
   to the provision of supplemental educational services, attendance at a
   safe public school and the suspension of pupils who bring a firearm to
   or possess a firearm at a school, in  relation  to  the  effectiveness
   thereof; to amend chapter 101 of the laws of 2003, amending the educa-
   tion law relating to implementation of the No Child Left Behind Act of
   2001,  in relation to the effectiveness thereof; relates to school bus
   driver training; relates to special apportionment for salary  expenses
   and public pension accruals; to amend chapter 121 of the laws of 1996,
   relating  to  authorizing  the Roosevelt union free school district to
   finance deficits by the issuance  of  serial  bonds,  in  relation  to
   apportionment amounts; to amend chapter 89 of the laws of 2016, relat-
   ing  to supplementary funding for dedicated programs for public school
   students in the East Ramapo central school district,  in  relation  to
   the  effectiveness thereof; relates to the pandemic adjustment for the
   East Ramapo central school district; to amend the  real  property  tax
   law,  in  relation  to  surplus funds; relates to authorizing the city
   school district of the city of Rochester to purchase certain services;
   relates to suballocations of appropriations; relating to  the  support
   of public libraries; to repeal paragraph cc of subdivision 1 and para-
   graph  c of subdivision 17 of section 3602 of the education law relat-
   ing to the gap elimination percentage; and providing for the repeal of
   certain provisions of the real property tax law relating thereto (Part
   A); intentionally omitted (Part B); intentionally omitted (Part C); to
   amend part D of chapter 58 of the laws of 2011 amending the  education
   law  relating to capital facilities in support of the state university
   and community colleges, procurement and the  state  university  health
   care  facilities,  in  relation to the effectiveness thereof (Part D);
   intentionally omitted (Part E); extending scholarship  program  eligi-
   bility  for certain recipients affected by the COVID-19 pandemic (Part
   F); to amend the education law, in relation to establishing the amount
   awarded for the excelsior scholarship (Part G); intentionally  omitted
   (Part  H);  intentionally omitted (Part I); to amend part G of chapter
   57 of the laws of 2013, amending the  executive  law  and  the  social
   services  law  relating  to  consolidating  the  youth development and
   delinquency prevention program and the special delinquency  prevention
   program,  in relation to making such provisions permanent (Part J); to
   amend part K of chapter 57 of the laws of 2012, amending the education
   law, relating to authorizing  the  board  of  cooperative  educational
   services to enter into contracts with the commissioner of children and
   family services to provide certain services, in relation to the effec-
   tiveness  thereof  (Part  K); to amend the social services law and the
   family court act, in relation to compliance with  the  Federal  Family
   First  Prevention  Services  Act (Part L); intentionally omitted (Part
   M); intentionally omitted (Part N); to utilize reserves in  the  mort-
   gage  insurance  fund  for various housing purposes (Part O); to amend
   the social services law, in relation to increasing  the  standards  of
   monthly need for aged, blind and disabled persons living in the commu-
   nity  (Part P); to amend the state finance law, in relation to author-
   izing a tax check-off for gifts to food banks (Part Q);  intentionally
   omitted  (Part R); intentionally omitted (Part S); intentionally omit-
   ted (Part T); to amend the private housing finance law, in relation to
   exempting certain projects from sales and compensating use taxes (Part

 A. 3006--B                          3
 
   U); intentionally omitted (Part V); intentionally  omitted  (Part  W);
   intentionally  omitted  (Part  X);  intentionally omitted (Part Y); to
   amend the social services law, in relation to standardizing child care
   copayments (Subpart A); intentionally omitted (Subpart B) (Part Z); to
   amend the labor law and the public service law, in relation to extend-
   ing  prevailing  wage requirements to covered renewable energy systems
   (Part AA); to amend the state finance law, in relation to establishing
   the emergency rental assistance municipal recipient  allocation  fund;
   and  to amend the social services law, in relation to establishing the
   statewide emergency rental assistance program and the statewide  emer-
   gency  homeless  assistance program  (Part  BB); intentionally omitted
   (Part CC); to amend the education law, in relation to state  appropri-
   ations  to the state university of New York and the city university of
   New York (Part DD); to amend the education law, in relation to setting
   a minimum funding ratio  for  state  operating  support  of  community
   colleges  (Part EE); to amend the education law, in relation to estab-
   lishing the Martin Luther King, Jr. scholarship (Part  FF);  to  amend
   the  education  law, in relation to tuition assistance program awards;
   and to amend chapter 260 of the laws of 2011  amending  the  education
   law  and the New York state urban development corporation act relating
   to  establishing  components  of  the   NY-SUNY 2020  challenge  grant
   program,  in relation to the effectiveness thereof (Part GG); to amend
   the social services law, the education law and the public health  law,
   in  relation  to  providing  supports and services for youth suffering
   from adverse childhood experiences; and providing for  the  repeal  of
   certain  provisions  of  the  social  services  law  relating  thereto
   (Subpart A); and to amend  the  public  health  law,  in  relation  to
   covered  health  care  services  (Subpart  B)  (Part HH); to amend the
   social services law, in relation to excluding certain funding from the
   determination of the maximum state aid rate for  authorized  agencies;
   and providing for the repeal of such provisions upon expiration there-
   of  (Part  II);  to  amend  the  public housing law, in relation to an
   affordable housing five-year capital plan (Part JJ); and to amend part
   A-4 of chapter 58 of the laws of 2006 enacting the "city  of  Syracuse
   and  the board of education of the city school district of the city of
   Syracuse  cooperative  school  reconstruction  act",  in  relation  to
   construction  and  design contracts entered into by the JSC Board; and
   to amend the education law, in relation to the computation of building
   aid for reconstruction or modernizing of no more than  three  projects
   for  the third phase of the city of Syracuse cooperative school recon-
   struction act (Part KK)
 
   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 2021-2022 state fiscal year. Each component is
 wholly  contained  within  a  Part identified as Parts A through KK. 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.

 A. 3006--B                          4
 
 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
 2020, 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

 A. 3006--B                          5
 
 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

 A. 3006--B                          6
 
 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.  For purposes of this paragraph, the
 "gap elimination adjustment percentage" shall be calculated as  the  sum
 of  one  minus  the quotient of the sum of the school district's net gap
 elimination  adjustment  for  two  thousand  ten--two  thousand   eleven
 computed  pursuant  to  chapter  fifty-three of the laws of two thousand
 ten, making appropriations for  the  support  of  government,  plus  the
 school  district's  gap elimination adjustment for two thousand eleven--
 two thousand twelve as computed pursuant to chapter fifty-three  of  the
 laws  of  two  thousand eleven, making appropriations for the support of
 the local assistance budget, including support for general  support  for
 public  schools, divided by the total aid for adjustment computed pursu-
 ant to chapter fifty-three of the laws of two  thousand  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 activ-
 ities 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. Intentionally omitted.
   § 3. Intentionally omitted.
   § 4. Intentionally omitted.
   § 5. Intentionally omitted.
   § 6. Intentionally omitted.
   § 7. Intentionally omitted.
   § 8. Intentionally omitted.
   § 9.  Subdivision 1 of section 3602 of the education law is amended by
 adding a new paragraph kk to read as follows:
   KK. THE "FEDERAL COVID-19 SUPPLEMENTAL STIMULUS" SHALL BE EQUAL TO THE
 SUM OF (1) NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY
 SCHOOL  EMERGENCY  RELIEF MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO
 THE CORONAVIRUS RESPONSE AND  RELIEF  SUPPLEMENTAL  APPROPRIATIONS  ACT,
 2021  IN  THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF FUNDS PROVIDED
 UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 PLUS
 (2) THE BASE FEDERAL ALLOCATION.    FOR  ELIGIBLE  DISTRICTS,  THE  BASE
 FEDERAL  ALLOCATION SHALL BE EQUAL TO THE PRODUCT OF NINE HUNDRED FIFTY-
 TWO DOLLARS AND FIFTEEN  CENTS  ($952.15)  AND  PUBLIC  SCHOOL  DISTRICT
 ENROLLMENT  IN THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF THIS
 SUBDIVISION LESS NINETY PERCENT OF THE FUNDS  FROM  THE  ELEMENTARY  AND
 SECONDARY  SCHOOL  EMERGENCY  RELIEF  MADE AVAILABLE TO SCHOOL DISTRICTS
 PURSUANT TO THE CORONAVIRUS RESPONSE AND RELIEF  SUPPLEMENTAL  APPROPRI-
 ATIONS  ACT,  2021  IN  THE  SAME PROPORTION AS SUCH DISTRICT'S SHARE OF
 FUNDS PROVIDED UNDER TITLE I OF THE ELEMENTARY AND  SECONDARY  EDUCATION
 ACT  OF  1965,  BUT NOT LESS THAN ZERO.  DISTRICTS SHALL BE ELIGIBLE FOR
 THE BASE FEDERAL ALLOCATION IF  THEIR  COMBINED  WEALTH  RATIO  FOR  THE
 CURRENT  YEAR  COMPUTED  PURSUANT  TO SUBPARAGRAPH ONE OF PARAGRAPH C OF
 SUBDIVISION THREE OF THIS SECTION IS LESS THAN ONE AND FIVE TENTHS (1.5)
 AND THE DISTRICT IS NOT A CENTRAL HIGH SCHOOL DISTRICT.
   § 10. Intentionally omitted.
   § 10-a. Paragraph a of subdivision 4 of section 3602 of the  education
 law is amended by adding a new subparagraph 5 to read as follows:

 A. 3006--B                          7
 
   (5)  "TOTAL FOUNDATION AID" SHALL BE EQUAL TO THE PRODUCT OF THE TOTAL
 AIDABLE FOUNDATION PUPIL UNITS MULTIPLIED  BY  THE  DISTRICT'S  SELECTED
 FOUNDATION AID.
   §  10-b. Subdivision 4 of section 3602 of the education law is amended
 by adding a new paragraph i to read as follows:
   I. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
 TWENTY-TWO SCHOOL YEAR. NOTWITHSTANDING ANY  PROVISION  OF  LAW  TO  THE
 CONTRARY,  FOUNDATION  AID  PAYABLE  IN THE TWO THOUSAND TWENTY-ONE--TWO
 THOUSAND TWENTY-TWO SCHOOL YEAR SHALL EQUAL THE SUM OF THE TOTAL FOUNDA-
 TION AID BASE COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH J  OF
 SUBDIVISION  ONE  OF  THIS  SECTION PLUS THE GREATER OF THE (1) PHASE-IN
 INCREASE, (2) MINIMUM INCREASE, OR (3) THE CATCH UP  INCREASE.  FOR  THE
 PURPOSES OF THIS PARAGRAPH:
   (I)  THE "PHASE-IN INCREASE" SHALL EQUAL THE PRODUCT OF THE FOUNDATION
 AID PHASE-IN FACTOR MULTIPLIED BY THE POSITIVE DIFFERENCE,  IF  ANY,  OF
 (1)  TOTAL  FOUNDATION  AID  PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
 LESS (2) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH  J
 OF SUBDIVISION ONE OF THIS SECTION.
   (II) THE "FOUNDATION AID PHASE-IN FACTOR" SHALL BE EQUAL TO THE GREAT-
 ER OF (1) TWENTY-SIX THOUSAND EIGHT HUNDRED THIRTEEN HUNDRED THOUSANDTHS
 (0.26813),  (2)  THIRTY  HUNDREDTHS (0.30) FOR DISTRICTS WITH A SPARSITY
 COUNT COMPUTED PURSUANT TO  PARAGRAPH  R  OF  SUBDIVISION  ONE  OF  THIS
 SECTION  GREATER THAN ZERO, (3) TWENTY-EIGHT HUNDREDTHS (0.28) FOR SMALL
 CITY SCHOOL DISTRICTS PURSUANT TO PARAGRAPH JJ  OF  SUBDIVISION  ONE  OF
 THIS  SECTION,  (4)  THIRTY-NINE THOUSAND ONE HUNDRED FIFTY-NINE HUNDRED
 THOUSANDTHS (0.39159) FOR CITY SCHOOL DISTRICTS OF THOSE  CITIES  HAVING
 POPULATIONS  IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND AND LESS THAN
 ONE MILLION INHABITANTS, OR (5) FORTY-NINE THOUSAND SIX  HUNDRED  SEVEN-
 TY-SEVEN  HUNDRED  THOUSANDTHS  (0.49677)  FOR  CITY SCHOOL DISTRICTS OF
 CITIES HAVING POPULATIONS OF ONE HUNDRED TWENTY-FIVE THOUSAND OR MORE.
   (III) THE "MINIMUM INCREASE" SHALL BE EQUAL TO THE PRODUCT OF (1)  THE
 GREATER  OF TWO HUNDREDTHS (0.02) OR THIRTY-FIVE THOUSANDTHS (0.035) FOR
 DISTRICTS WITH A SPARSITY COUNT COMPUTED  PURSUANT  TO  PARAGRAPH  R  OF
 SUBDIVISION  ONE  OF  THIS  SECTION  GREATER THAN ZERO MULTIPLIED BY (2)
 TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J  OF  SUBDIVI-
 SION ONE OF THIS SECTION.
   (IV)  THE  "CATCH  UP INCREASE" SHALL BE EQUAL TO THE POSITIVE DIFFER-
 ENCE, IF ANY, OF (1) PRODUCT OF SIXTY HUNDREDTHS (0.60) AND TOTAL  FOUN-
 DATION  AID  PURSUANT  TO  PARAGRAPH  A OF THIS SUBDIVISION LESS (2) THE
 TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J  OF  SUBDIVI-
 SION ONE OF THIS SECTION.
   §  10-c. Clause (ii) of subparagraph 2 of paragraph b of subdivision 4
 of section 3602 of the education law, as amended by section 5-c of  part
 YYY of chapter 59 of the laws of 2019, is amended to read as follows:
   (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
 eleven--two  thousand  twelve  school  year,  the  phase-in   foundation
 increase  factor  shall  equal thirty-seven and one-half percent (0.375)
 and the phase-in due minimum percent shall equal nineteen and  forty-one
 hundredths  percent  (0.1941), for the two thousand twelve--two thousand
 thirteen school year the phase-in foundation increase factor shall equal
 one and seven-tenths percent (0.017), for the two thousand thirteen--two
 thousand fourteen school year the phase-in  foundation  increase  factor
 shall equal (1) for a city school district in a city having a population
 of  one  million  or  more,  five  and  twenty-three  hundredths percent
 (0.0523) or (2) for all other school districts zero percent, for the two
 thousand fourteen--two thousand fifteen school year the phase-in founda-

 A. 3006--B                          8
 
 tion increase factor shall equal (1) for a city  school  district  of  a
 city  having  a  population  of one million or more, four and thirty-two
 hundredths percent (0.0432) or (2) for a school district  other  than  a
 city  school  district  having  a  population of one million or more for
 which (A) the quotient of the  positive  difference  of  the  foundation
 formula aid minus the foundation aid base computed pursuant to paragraph
 j  of  subdivision one of this section divided by the foundation formula
 aid is greater than twenty-two percent (0.22) and (B) a combined  wealth
 ratio  less  than thirty-five hundredths (0.35), seven percent (0.07) or
 (3) for all other  school  districts,  four  and  thirty-one  hundredths
 percent (0.0431), and for the two thousand fifteen--two thousand sixteen
 school year the phase-in foundation increase factor shall equal: (1) for
 a  city  school district of a city having a population of one million or
 more,  thirteen  and  two  hundred  seventy-four   thousandths   percent
 (0.13274);  or  (2)  for  districts  where  the quotient arrived at when
 dividing (A) the product of the total  aidable  foundation  pupil  units
 multiplied  by  the  district's  selected  foundation aid less the total
 foundation aid base computed pursuant to paragraph j of subdivision  one
 of  this section divided by (B) the product of the total aidable founda-
 tion pupil units multiplied by the district's selected foundation aid is
 greater than nineteen percent (0.19), and where the district's  combined
 wealth  ratio  is  less  than  thirty-three hundredths (0.33), seven and
 seventy-five hundredths percent (0.0775); or (3) for any other  district
 designated  as  high  need pursuant to clause (c) of subparagraph two of
 paragraph c of subdivision six  of  this  section  for  the  school  aid
 computer  listing produced by the commissioner in support of the enacted
 budget for the two thousand seven--two thousand eight  school  year  and
 entitled  "SA0708",  four  percent  (0.04);  or  (4)  for  a city school
 district in a city having a population of one hundred twenty-five  thou-
 sand  or more but less than one million, fourteen percent (0.14); or (5)
 for school districts that were designated as small city school districts
 or central school districts whose boundaries  include  a  portion  of  a
 small  city  for the school aid computer listing produced by the commis-
 sioner in support of the enacted budget for the two thousand  fourteen--
 two  thousand  fifteen school year and entitled "SA1415", four and seven
 hundred fifty-one thousandths percent (0.04751); or (6)  for  all  other
 districts  one  percent  (0.01),  and  for the two thousand sixteen--two
 thousand seventeen school year  the  foundation  aid  phase-in  increase
 factor  shall  equal for an eligible school district the greater of: (1)
 for a city school district in a city with a population of one million or
 more, seven and seven hundred eighty four thousandths percent (0.07784);
 or (2) for a city school district in a city with a  population  of  more
 than two hundred fifty thousand but less than one million as of the most
 recent  federal  decennial  census,  seven  and three hundredths percent
 (0.0703); or (3) for a city school district in a city with a  population
 of  more than two hundred thousand but less than two hundred fifty thou-
 sand as of the most recent federal decennial census, six and seventy-two
 hundredths percent (0.0672); or (4) for a city school district in a city
 with a population of more than one hundred fifty thousand but less  than
 two hundred thousand as of the most recent federal decennial census, six
 and  seventy-four  hundredths percent (0.0674); or (5) for a city school
 district in a city with a population of more than  one  hundred  twenty-
 five  thousand  but  less than one hundred fifty thousand as of the most
 recent federal decennial census, nine and fifty-five hundredths  percent
 (0.0955); or (6) for school districts that were designated as small city
 school  districts or central school districts whose boundaries include a

 A. 3006--B                          9
 
 portion of a small city for the school aid computer listing produced  by
 the  commissioner  in support of the enacted budget for the two thousand
 fourteen--two thousand fifteen school year and entitled "SA141-5" with a
 combined  wealth ratio less than one and four tenths (1.4), nine percent
 (0.09), provided,  however,  that  for  such  districts  that  are  also
 districts  designated as high need urban-suburban pursuant to clause (c)
 of subparagraph two of paragraph c of subdivision six  of  this  section
 for  the  school  aid  computer  listing produced by the commissioner in
 support of the enacted budget for the two thousand  seven--two  thousand
 eight  school  year  and  entitled  "SA0708", nine and seven hundred and
 nineteen thousandths percent (0.09719);  or  (7)  for  school  districts
 designated as high need rural pursuant to clause (c) of subparagraph two
 of  paragraph  c  of  subdivision six of this section for the school aid
 computer listing produced by the commissioner in support of the  enacted
 budget  for  the  two thousand seven--two thousand eight school year and
 entitled "SA0708", thirteen and six tenths percent (0.136); or  (8)  for
 school  districts  designated  as  high  need urban-suburban pursuant to
 clause (c) of subparagraph two of paragraph c of subdivision six of this
 section for the school aid computer listing produced by the commissioner
 in support of the enacted budget for the two thousand  seven--two  thou-
 sand  eight  school  year  and entitled "SA0708", seven hundred nineteen
 thousandths percent (0.00719); or (9)  for  all  other  eligible  school
 districts,  forty-seven  hundredths  percent  (0.0047), provided further
 that for the two thousand seventeen--two thousand eighteen  school  year
 the  foundation  aid increase phase-in factor shall equal (1) for school
 districts with a census 2000 poverty rate computed pursuant to paragraph
 q of subdivision one of this section equal to or greater than twenty-six
 percent (0.26), ten and three-tenths  percent  (0.103),  or  (2)  for  a
 school  district in a city with a population in excess of one million or
 more, seventeen and seventy-seven one-hundredths  percent  (0.1777),  or
 (3)  for a city school district in a city with a population of more than
 two hundred fifty thousand but less than one million,  as  of  the  most
 recent  decennial  census,  twelve  and  sixty-nine  hundredths  percent
 (0.1269) or (4) for a city school district in a city with  a  population
 of  more than one hundred fifty thousand but less than two hundred thou-
 sand, as of the most recent federal decennial census, ten  and  seventy-
 eight one hundredths percent (0.1078), or (5) for a city school district
 in  a  city with a population of more than one hundred twenty-five thou-
 sand but less than one hundred fifty thousand  as  of  the  most  recent
 federal decennial census, nineteen and one hundred eight one-thousandths
 percent  (0.19108),  or  (6) for a city school district in a city with a
 population of more than two hundred thousand but less than  two  hundred
 fifty  thousand  as of the most recent federal decennial census, ten and
 six-tenths percent (0.106), or (7) for all  other  districts,  four  and
 eighty-seven  one-hundredths  percent (0.0487), and for the two thousand
 [twenty] TWENTY-TWO--two thousand [twenty-one school year and thereafter
 the  commissioner  shall  annually  determine  the  phase-in  foundation
 increase  factor  subject  to  allocation  pursuant to the provisions of
 subdivision eighteen of this section and any provisions of a chapter  of
 the  laws  of New York as described therein] TWENTY-THREE THE FOUNDATION
 AID PHASE-IN INCREASE FACTOR SHALL BE FIFTY PERCENT (0.5), AND  FOR  THE
 TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR  SCHOOL YEAR AND
 THEREAFTER THE FOUNDATION AID PHASE-IN  INCREASE  FACTOR  SHALL  BE  ONE
 HUNDRED PERCENT (1.0).
   § 11. Intentionally omitted.
   § 12. Intentionally omitted.

 A. 3006--B                         10
 
   § 12-a. Intentionally omitted.
   §  12-b.  The  closing paragraph of subdivision 5-a of section 3602 of
 the education law, as amended by section 14-c of part A of chapter 56 of
 the laws of 2020, 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] TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO school  years,
 each  school district shall be entitled to an apportionment equal to the
 amount set forth for such school district as  "SUPPLEMENTAL  PUB  EXCESS
 COST"  under  the  heading  "2008-09  BASE  YEAR AIDS" in the school aid
 computer listing produced by the commissioner in support of  the  budget
 for  the  two  thousand  nine--two thousand ten school year and entitled
 "SA0910".
   § 13. Intentionally omitted.
   § 13-a. Subdivision 12 of  section  3602  of  the  education  law,  as
 amended  by section 14-d of part A of chapter 56 of the laws of 2020, 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.
   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

 A. 3006--B                         11
 
 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 AND TWO THOU-
 SAND TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO  school  [year]  YEARS,  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.
   § 14. Intentionally omitted.
   § 14-a. The opening paragraph of subdivision 16 of section 3602 of the
 education law, as amended by section 14-e of part A of chapter 56 of the
 laws of 2020, 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

 A. 3006--B                         12
 
 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]  TWENTY-ONE--two  thousand  [twenty-one]  TWENTY-TWO
 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".
   § 15. Intentionally omitted.
   § 16. Intentionally omitted.
   § 16-a. Intentionally omitted.
   §  17.  Subdivision 19 of section 3602 of the education law is amended
 by adding a new paragraph c to read as follows:
   C. THE POSITIVE VALUE OF THE  PANDEMIC  ADJUSTMENT  PAYMENT  REDUCTION
 SHALL  NOT  EXCEED  THE  SUM  OF MONEYS APPORTIONED PURSUANT TO SECTIONS
 SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE,  SEVEN
 HUNDRED  FIFTY-THREE,  THIRTY-SIX  HUNDRED  NINE-A,  THIRTY-SIX  HUNDRED
 NINE-B, THIRTY-SIX HUNDRED NINE-D, THIRTY-SIX HUNDRED NINE-F, AND  THIR-
 TY-SIX  HUNDRED NINE-H FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-
 ONE SCHOOL YEAR FOR ANY SCHOOL DISTRICT.
   § 18. Intentionally omitted.
   § 19. Intentionally omitted.
   § 20. Subdivisions 6 and 7 of section 3622-a  of  the  education  law,
 subdivision  6  as  amended by section 47 of part A of chapter 58 of the
 laws of 2011 and subdivision 7 as added by chapter 422 of  the  laws  of
 2004, are amended and a new subdivision 8 is added to read as follows:
   6.  Transportation  of  pupils  to  and  from  approved  summer school
 programs operated by a school district in the two thousand--two thousand
 one school year and thereafter, provided, however,  that  if  the  total
 statewide   apportionment   attributable   to  allowable  transportation
 expenses incurred pursuant to  this  subdivision  exceeds  five  million
 dollars  ($5,000,000),  individual  school district allocations shall be
 prorated to ensure that the apportionment for such summer transportation
 does not exceed five million dollars ($5,000,000),  provided  that  such
 prorated  apportionment  computed and payable as of September one of the
 school year immediately following the school year for which such aid  is
 claimed shall be deemed final and not subject to change; [and]
   7.  Transportation  provided  pursuant  to  section thirty-six hundred
 thirty-five-b of this article;
   8. NOTWITHSTANDING PARAGRAPH A OF SUBDIVISION FIVE OF SECTION  THIRTY-
 SIX  HUNDRED  FOUR  OF  THIS ARTICLE, TRANSPORTATION PROVIDED DURING THE
 STATE DISASTER EMERGENCY DECLARED PURSUANT TO  EXECUTIVE  ORDER  202  OF
 2020,  PROVIDED  THAT TRANSPORTATION WAS PROVIDED DURING THE TIME PERIOD
 SCHOOLS WERE DIRECTED TO CLOSE PURSUANT TO EXECUTIVE ORDER 202 OF  2020.
 SUCH  AIDABLE  TRANSPORTATION  SHALL  INCLUDE  TRANSPORTATION  OF MEALS,

 A. 3006--B                         13
 
 EDUCATIONAL MATERIALS AND SUPPLIES TO STUDENTS,  AND  TRANSPORTATION  TO
 PROVIDE STUDENTS WITH INTERNET ACCESS; AND
   9.  NOTWITHSTANDING PARAGRAPH A OF SUBDIVISION FIVE OF SECTION THIRTY-
 SIX HUNDRED FOUR OF THIS ARTICLE,  FOR  THE  TWO  THOUSAND  NINETEEN-TWO
 THOUSAND  TWENTY  SCHOOL  YEAR    DURING  THE  STATE  DISASTER EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER  202  OF  2020,  EXPENDITURES  MADE
 PURSUANT  TO  CONTRACTS  FOR  THE  TRANSPORTATION  OF PUPILS TO AND FROM
 SCHOOL ONCE DAILY, WITHOUT REGARD TO  WHETHER  SUCH  TRANSPORTATION  WAS
 PROVIDED.
   § 21. Intentionally omitted.
   §  22.  Section 3623-a of the education law is amended by adding a new
 subdivision 4 to read as follows:
   4. NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION  OR  ANY  OTHER
 PROVISION  OF LAW TO THE CONTRARY, FOR THE COMPUTATION OF TRANSPORTATION
 AID PURSUANT TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF  SECTION  THIR-
 TY-SIX  HUNDRED  TWO  OF  THIS ARTICLE, ALLOWABLE TRANSPORTATION EXPENSE
 SHALL ALSO INCLUDE TRANSPORTATION OPERATING EXPENSES DESCRIBED IN SUBDI-
 VISION ONE OF THIS SECTION AND TRANSPORTATION CAPITAL, DEBT SERVICE  AND
 LEASE  EXPENSES  DESCRIBED  IN  SUBDIVISION TWO OF THIS SECTION INCURRED
 DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER
 202 OF 2020, INCLUDING EXPENSES INCURRED DURING THE TIME PERIOD  SCHOOLS
 WERE DIRECTED TO CLOSE PURSUANT TO EXECUTIVE ORDER 202 OF 2020 OR OTHER-
 WISE NECESSITATED BY SUCH STATE DISASTER EMERGENCY.  SUCH EXPENSES SHALL
 BE  ALLOWABLE  TRANSPORTATION EXPENSES EVEN WHERE AIDABLE REGULAR TRANS-
 PORTATION AS DEFINED IN SECTION THIRTY-SIX HUNDRED TWENTY-TWO-A OF  THIS
 PART WAS NOT PROVIDED.
   § 22-a. Subdivision 8 of section 4410 of the education law, as amended
 by chapter 474 of the laws of 1996, is amended to read as follows:
   8. Transportation. The municipality in which a preschool child resides
 shall,  beginning with the first day of service, provide either directly
 or by contract for suitable transportation, as determined by the  board,
 to and from special services or programs; provided, however, that if the
 municipality  is a city with a population of one million or more persons
 the municipality may delegate the authority to provide such  transporta-
 tion  to  the  board; and provided further, that prior to providing such
 transportation directly or contracting with another  entity  to  provide
 such  transportation,  such  municipality  or  board  shall  request and
 encourage the parents to transport their  children  at  public  expense,
 where cost-effective, at a rate per mile or a public service fare estab-
 lished  by the municipality and approved by the commissioner.  Except as
 otherwise provided in this section, the parents' inability  or  declina-
 tion  to  transport  their  child  shall  in  no way [effect] AFFECT the
 municipality's  or  board's  responsibility   to   provide   recommended
 services.  Such  transportation  shall  be  provided once daily from the
 child care location to the special service or  program  and  once  daily
 from  the  special  service  or program to the child care location up to
 fifty miles from the child care location. If the board determines that a
 child must receive special services and programs at a  location  greater
 than fifty miles from the child care location, it shall request approval
 of  the  commissioner.  For  the  purposes of this subdivision, the term
 "child care location" shall mean a child's home or a  place  where  care
 for less than twenty-four hours a day is provided on a regular basis and
 includes,  but  is not limited to, a variety of child care services such
 as day care centers, family day care homes and in-home care  by  persons
 other  than  parents.  All  transportation  of  such  children  shall be
 provided pursuant to the procedures set forth  in  section  two  hundred

 A. 3006--B                         14
 
 thirty-six  of  the  family  court  act using the date called for in the
 written notice of determination of the board or the date of the  written
 notice  of determination of the board, whichever comes later, in lieu of
 the  date  the court order was issued.  NOTWITHSTANDING THIS SUBDIVISION
 OR ANY  PROVISION  OF  LAW  TO  THE  CONTRARY,  TRANSPORTATION  EXPENSES
 INCURRED  BY A MUNICIPALITY FOR OPERATING AND MAINTENANCE COSTS PURSUANT
 TO THIS SUBDIVISION DURING THE STATE DISASTER EMERGENCY DECLARED  PURSU-
 ANT  TO  EXECUTIVE ORDER 202 OF 2020, INCLUDING EXPENSES INCURRED DURING
 THE TIME PERIOD OF ANY CLOSURES OF SPECIAL SERVICES OR PROGRAMS  ORDERED
 PURSUANT  TO  EXECUTIVE  ORDER  202 OF 2020 OR OTHERWISE NECESSITATED BY
 SUCH STATE DISASTER EMERGENCY,  SHALL  BE  REIMBURSABLE  AND  CONSIDERED
 APPROVED COSTS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND THE
 REGULATIONS OF THE COMMISSIONER.
   § 22-b. Notwithstanding any other provision of law, rule or regulation
 to  the  contrary, a child who resides within a county, in a city school
 district located in a city having a population of one million  or  more,
 that  has  a  population  of less than one million and who resides in an
 area containing at least three hundred children within a  one  and  one-
 half  mile  radius  shall be provided transportation pursuant to section
 3627 of the education law without regard to like circumstances.
   § 23. Subdivision 16 of section  3602-ee  of  the  education  law,  as
 amended  by  section  22 of part A of chapter 56 of the laws of 2020, 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-one] TWENTY-TWO; provided that the program  shall  continue  and
 remain in full effect.
   § 24. Intentionally omitted.
   §  24-a. All the acts done and proceedings heretofore had and taken or
 caused to be had and taken by  (a)  the  Huntington  union  free  school
 district  and  by  all  of  its  officers  or  agents  relating to or in
 connection with final building cost reports required to  be  filed  with
 the  state education department for approved building projects completed
 prior to December 31, 2011, (b) the Islip union free school district and
 by all its officers or agents  relating  to  or  in  connection  with  a
 certain  final  cost report to be filed with the state education depart-
 ment  for  project  numbers  0003-12,  0011-007,   0011-008,   0003-013,
 0007-009,  0007-010,  0007-012,  and 0011-009, (c) the Liverpool central
 school district and by all its officers or  agents  relating  to  or  in
 connection  with  certain  final cost reports to be filed with the state
 education  department  for  projects   0001-003,   0001-005,   0002-007,
 0003-003,  0003-005,  0004-005,  0005-006, 0007-003, 0009-004, 0009-006,
 0010-005, 0010-007, 0012-003, 0014-005,  0015-003,  0016-007,  0016-010,
 0016-011,   0018-008,   0018-010,   0019-007,  0024-004,  4011-001,  and
 5008-002, (d) the Panama central school district and by all of its offi-
 cers or agents relating to or in connection  with  final  building  cost
 reports  required  to  be  filed with the state education department for
 approved building projects completed prior to December 31, 2012, (e) the
 Monticello central school district and by all of its officers or  agents
 relating  to  or in connection with final building cost reports required
 to be filed with the state education department  for  approved  building
 projects  completed prior to December 31, 2012, (f) the Marlboro central
 school district and by all its officers or  agents  relating  to  or  in
 connection  with  certain  final cost reports to be filed with the state
 education department for project number 006-005, (g) the Long Beach city
 school district and by all its officers or  agents  relating  to  or  in

 A. 3006--B                         15
 
 connection  with  certain  final cost reports to be filed with the state
 education department for project numbers 0001-022,  0011-016,  0011-019,
 and  0011-030, (h) the Greenville central school district and by all its
 officers  or agents relating to or in connection with certain final cost
 reports to be filed with the  state  education  department  for  project
 number  008-016,  (i) the Lawrence union free school district and by all
 of its officers or agents relating to  or  in  connection  with  certain
 final  cost  reports to be filed with the state education department for
 project numbers 0002-027, 0008-037, and  0001-024,  and  (j)  the  Pearl
 River  union  free  school district and by all of its officers or agents
 relating to or in connection with certain final cost reports to be filed
 with the state education department  for  projects  completed  prior  to
 December  31, 2017 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.
   §  24-b.  Notwithstanding  section 24-a of part A of chapter 57 of the
 laws of 2013, and consistent with section twenty-four-a of this act, the
 commissioner of education shall not recover from  the  Huntington  union
 free  school  district, the Islip union free school district, the Liver-
 pool central school district, the Panama central  school  district,  the
 Monticello   central   school  district,  the  Marlboro  central  school
 district, the Long Beach city school district,  the  Greenville  central
 school  district,  the Lawrence union free school district, or the Pearl
 River union free school district  any  penalty  arising  from  the  late
 filing  of a final cost report pursuant to section 31 of part A of chap-
 ter 57 of the laws of 2012, provided that any amounts already so  recov-
 ered shall be deemed a payment of moneys due for prior years pursuant to
 paragraph  c  of  subdivision 5 of section 3604 of the education law and
 shall be paid to the appropriate district pursuant  to  such  provision,
 provided  that  such school district:  (a) submitted the late or missing
 final building cost report to the commissioner of  education;  (b)  such
 cost  report is approved by the commissioner of education; (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  of education; and (d) the failure to submit such report in
 a timely manner was an inadvertent administrative or  ministerial  over-
 sight by the school district, and there is no evidence of any fraudulent
 or other improper intent by such district.
   §  24-c. All the acts done and proceedings heretofore had and taken or
 caused to be had and taken by (a) the Cold Spring Harbor central  school
 district  and  by  all  officers,  employees  or  agents  of such school
 district relating to or in connection  with  a  transportation  contract
 E259217 of the 2013-14 school year, (b) the Corning city school district
 and  by all officers, employees or agents of such school district relat-
 ing to or in connection with transportation contracts E414960,  E414961,
 E414962,  and  E414963  of  the 2017-18 school year, (c) the Fulton city
 school district and by all officers, employees or agents of such  school
 district  relating  to  or  in  connection  with transportation contract
 E006115 of the 2016-2017 school year, (d) the Port Washington union free
 school district and by all officers, employees or agents of such  school
 district  relating  to  or  in  connection with transportation contracts
 E267698, E275279, C415663, and E600646 of the 2016-2017 school year, (e)

 A. 3006--B                         16
 
 the Baldwin union free school district and by all officers, employees or
 agents of such school district relating to or in connection with  trans-
 portation  contracts  E258713,  E266995,  E266994,5 E266993, E266991 and
 E266992  of  the 2017-2018 school year, and (f) the West Hempstead Union
 Free School District and by all officers, employees or  agents  of  such
 school  district  relating  to  or  in  connection  with  transportation
 contract E252155 of the 2017-2018 school year, and all  acts  incidental
 hereto 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 5 of
 section 3604 of the education law, in relation to any  omission,  error,
 defect,  irregularity or illegality in such proceeding had and taken and
 provided that the failure to submit a transportation contract in a time-
 ly 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.
   §  24-d. The state education department is hereby directed to consider
 the aforementioned contracts for transportation aid as valid and  proper
 obligations  of  the  Cold  Spring Harbor central, the Corning city, the
 Fulton city, the Port Washington union free, the Baldwin union free, and
 the West Hempstead union free school districts  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 5 of section 3604 of
 the education law and shall be paid to the appropriate district pursuant
 to such provision.
   § 25. Intentionally omitted.
   § 25-a. Paragraph c of subdivision 5 of section 3604 of the  education
 law,  as  added by chapter 82 of the laws of 1995, is amended to read as
 follows:
   c. Payment of moneys due for prior years. State aid payments  due  for
 prior  years in accordance with the provisions of this subdivision shall
 be paid EITHER: (I) FROM FUNDS AVAILABLE  IN  THE  GENERAL  SUPPORT  FOR
 PUBLIC  SCHOOL  APPROPRIATION  AS  A  RESULT  OF THE DEDUCTION OF EXCESS
 PAYMENTS OF AID PURSUANT TO PARAGRAPH A OF  THIS  SUBDIVISION;  OR  (II)
 within  the  limit  of  the  appropriation designated therefor provided,
 however, that each eligible claim shall be payable in the order that  it
 has  been approved for payment by the commissioner, but in no case shall
 a single claim draw down more than forty percent of the appropriation so
 designated for a single year, and provided further that no  claim  shall
 be  set aside for insufficiency of funds to make a complete payment, but
 shall be eligible for a partial payment in one year and shall retain its
 priority date status for appropriations designated for such purposes  in
 future years.
   § 26. Intentionally omitted.
   §  26-a. The opening paragraph of section 3609-a of the education law,
 as amended by section 24 of part A of chapter 56 of the laws of 2020, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the two thousand [twenty] TWENTY-ONE--two thousand [twen-
 ty-one] 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

 A. 3006--B                         17
 
 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 thir-
 ty-six hundred two of this part minus any  reductions  to  current  year
 aids pursuant to subdivision seven of section thirty-six hundred four of
 this  part  or any deduction from 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]
 TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO school year,  reference
 to  such  "school  aid computer listing for the current year" shall mean
 the printouts entitled ["SA202-1"]"SA212-2".
   § 27. Intentionally omitted.
   § 27-a. Notwithstanding any provision of  law  or  regulation  to  the
 contrary, if as a result of the state disaster emergency declared pursu-
 ant  to  Executive  Order  202 of 2020, approved private schools serving
 students with disabilities subject to articles 81 and 89 of  the  educa-
 tion law, special act school districts, state supported schools pursuant
 to article 85 of the education law, and approved preschool special class
 and  special class in an integrated setting programs pursuant to section
 4410 of the education law experience enrollment decreases as a  percent-
 age  of  operating  capacity  of  5 percentage points or more during the
 2020-21 and 2021-22 school years, the state education  department  shall
 apply an enrollment adjustment factor as part of the tuition rate recon-
 ciliation  process  to stabilize tuition revenue.  Moreover, should such
 schools and programs receive federal Paycheck  Protection  Program  loan
 forgiveness revenue or other extraordinary federal revenue as determined
 by  the  state  education  department,  such revenue shall be applied as
 offsetting revenue for reconciliation tuition rate calculation  purposes
 after allowable costs incurred in responding to the state disaster emer-
 gency declared pursuant to Executive Order 202 of 2020 are defrayed, and
 such revenues shall be subtracted from total costs after the application
 of  the  nondirect  care  screen,  and  provided further, that the state
 education department shall hold harmless prospective tuition  rates  for
 the 2021-22 and subsequent school years to reflect the impact of receipt
 of such extraordinary federal revenue.

 A. 3006--B                         18
 
   § 28. Intentionally omitted.
   § 29. Intentionally omitted.
   §  29-a.  Section  5  of  chapter 537 of the laws of 1976, relating to
 paid, free and reduced price breakfast for eligible  pupils  in  certain
 school  districts,  is  amended by adding a new subdivision d to read as
 follows:
   D. NOTWITHSTANDING ANY PROVISION OF THIS ACT TO THE  CONTRARY,  SCHOOL
 FOOD  AUTHORITIES  SHALL  BE  ELIGIBLE  FOR THE ADDITIONAL STATE SUBSIDY
 PURSUANT TO THIS SECTION FOR LUNCH MEALS SERVED IN ACCORDANCE  WITH  THE
 SUMMER FOOD SERVICE PROGRAM DURING THE STATE DISASTER EMERGENCY DECLARED
 PURSUANT TO EXECUTIVE ORDER 202 OF 2020.
   § 30. Intentionally omitted.
   § 31. Intentionally omitted.
   § 32. Intentionally omitted.
   § 33. Intentionally omitted.
   §  34. Subparagraphs (viii) and (ix) of paragraph (a) of subdivision 1
 of section 2856 of the education law, subparagraph (viii) as amended and
 subparagraph (ix) as added by section 26-a of part A of  chapter  56  of
 the laws of 2020, are amended to read as follows:
   (viii)  for  the  two thousand twenty--two thousand twenty-one and two
 thousand twenty-one--two thousand twenty-two school years,  the  charter
 school  basic  tuition shall be the lesser of (A) the product of (i) the
 charter school basic tuition calculated for the base year multiplied  by
 (ii)  the  average  of  the quotients for each school year in the period
 commencing with the year three years prior to the base year and  finish-
 ing with the year prior to the base year of the total approved operating
 expense  for  such school district calculated pursuant to paragraph t of
 subdivision one of section thirty-six hundred two of  this  chapter  for
 each  such year divided by the total approved operating expense for such
 district for the immediately preceding year multiplied by, (III) for the
 two thousand twenty--two thousand twenty-one school year  only,  [(iii)]
 nine hundred forty-five one-thousandths (0.945), OR FOR THE TWO THOUSAND
 TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO  SCHOOL  YEAR  ONLY, ONE MINUS THE
 ADJUSTMENT FACTOR or (B) the quotient of the total general fund expendi-
 tures for the school district calculated pursuant to an electronic  data
 file  created for the purpose of compliance with paragraph b of subdivi-
 sion twenty-one of section three hundred five of this chapter  published
 annually on May fifteenth for the year prior to the base year divided by
 the  total  estimated public enrollment for the school district pursuant
 to paragraph n of subdivision one of section thirty-six hundred  two  of
 this  chapter for the year prior to the base year. THE ADJUSTMENT FACTOR
 SHALL EQUAL THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF (I) THE
 SERVICES AID REDUCTION FOR THE SCHOOL DISTRICT PURSUANT TO  PARAGRAPH  B
 OF  SUBDIVISION  TWENTY-ONE  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS
 CHAPTER, (II) PLUS THE LOCAL DISTRICT FUNDING ADJUSTMENT FOR THE  SCHOOL
 DISTRICT  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION THIRTY-SIX HUNDRED
 NINE-I OF THIS CHAPTER BY (B) THE TOTAL GENERAL  FUND  EXPENDITURES  FOR
 THE SCHOOL DISTRICT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
 SCHOOL  YEAR  CALCULATED PURSUANT TO AN ELECTRONIC DATA FILE CREATED FOR
 THE PURPOSE OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVISION TWENTY-ONE  OF
 SECTION  THREE  HUNDRED FIVE OF THIS CHAPTER PUBLISHED ON MAY FIFTEENTH,
 TWO THOUSAND TWENTY-ONE.
   (ix)  for  the  two  thousand  twenty-two--two  thousand  twenty-three
 through  two thousand twenty-four--two thousand twenty-five school years
 the charter school basic tuition shall be the lesser of (A) the  product
 of (i) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL

 A. 3006--B                         19
 
 YEAR,  THE  CHARTER  SCHOOL  BASIC  TUITION CALCULATED FOR THE BASE YEAR
 DIVIDED BY THE DIFFERENCE OF ONE LESS THE ADJUSTMENT FACTOR AND FOR  THE
 TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR AND TWO THOUSAND
 TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE SCHOOL YEARS, the charter school
 basic tuition calculated for the base year multiplied by (ii) the  aver-
 age  of the quotients for each school year in the period commencing with
 the year four years prior to the base year and finishing with  the  year
 prior  to the base year, excluding the two thousand twenty--two thousand
 twenty-one school year, of the total approved operating expense for such
 school district calculated pursuant to paragraph t of subdivision one of
 section thirty-six hundred two  of  this  chapter  for  each  such  year
 divided  by  the  total approved operating expense for such district for
 the immediately preceding year or (B) the quotient of the total  general
 fund  expenditures  for  the  school  district calculated pursuant to an
 electronic data file created for the purpose of  compliance  with  para-
 graph  b of subdivision twenty-one of section three hundred five of this
 chapter published annually on May fifteenth for the year  prior  to  the
 base  year  divided  by  the  total  estimated public enrollment for the
 school district pursuant to paragraph n of subdivision  one  of  section
 thirty-six  hundred  two  of this chapter for the year prior to the base
 year.
   § 35. Subparagraphs (viii) and (ix) of paragraph (a) of subdivision  1
 of section 2856 of the education law, subparagraph (viii) as amended and
 subparagraph  (ix)  as  added by section 26-b of part A of chapter 56 of
 the laws of 2020, are amended to read as follows:
   (viii) for the two thousand twenty--two thousand  twenty-one  and  two
 thousand  twenty-one--two  thousand twenty-two school years, the charter
 school basic tuition shall be the lesser of (A) the product of  (i)  the
 charter  school basic tuition calculated for the base year multiplied by
 (ii) the average of the quotients for each school  year  in  the  period
 commencing  with the year three years prior to the base year and finish-
 ing with the year prior to the base year of the total approved operating
 expense for such school district calculated pursuant to paragraph  t  of
 subdivision  one  of  section thirty-six hundred two of this chapter for
 each such year divided by the total approved operating expense for  such
 district for the immediately preceding year multiplied by, (III) for the
 two  thousand  twenty--two thousand twenty-one school year only, [(iii)]
 nine hundred forty-five one-thousandths (0.945), OR FOR THE TWO THOUSAND
 TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL  YEAR  ONLY,  ONE  MINUS  THE
 ADJUSTMENT FACTOR or (B) the quotient of the total general fund expendi-
 tures  for the school district calculated pursuant to an electronic data
 file created for the purpose of compliance with paragraph b of  subdivi-
 sion  twenty-one of section three hundred five of this chapter published
 annually on May fifteenth for the year prior to the base year divided by
 the total estimated public enrollment for the school  district  pursuant
 to  paragraph  n of subdivision one of section thirty-six hundred two of
 this chapter for the year prior to the base year. THE ADJUSTMENT  FACTOR
 SHALL EQUAL THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF (I) THE
 SERVICES  AID  REDUCTION FOR THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH B
 OF SUBDIVISION TWENTY-ONE OF SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS
 CHAPTER,  (II) PLUS THE LOCAL DISTRICT FUNDING ADJUSTMENT FOR THE SCHOOL
 DISTRICT PURSUANT TO  SUBDIVISION  ONE  OF  SECTION  THIRTY-SIX  HUNDRED
 NINE-I  OF  THIS  CHAPTER BY (B) THE TOTAL GENERAL FUND EXPENDITURES FOR
 THE SCHOOL DISTRICT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
 SCHOOL YEAR CALCULATED PURSUANT TO AN ELECTRONIC DATA FILE  CREATED  FOR
 THE  PURPOSE OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF

 A. 3006--B                         20
 
 SECTION THREE HUNDRED FIVE OF THIS CHAPTER PUBLISHED ON  MAY  FIFTEENTH,
 TWO THOUSAND TWENTY-ONE.
   (ix)  for  the  two  thousand  twenty-two--two  thousand  twenty-three
 through two thousand twenty-four--two thousand twenty-five school  years
 the  charter school basic tuition shall be the lesser of (A) the product
 of (i) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
 YEAR, THE CHARTER SCHOOL BASIC TUITION  CALCULATED  FOR  THE  BASE  YEAR
 DIVIDED BY THE DIFFERENCE OF ONE LESS THE ADJUSTMENT FACTOR  AND FOR THE
 TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR AND TWO THOUSAND
 TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS, the  charter  school
 basic  tuition calculated for the base year multiplied by (ii) the aver-
 age of the quotients for each school year in the period commencing  with
 the  year  four years prior to the base year and finishing with the year
 prior to the base year, excluding the two thousand twenty--two  thousand
 twenty-one school year, of the total approved operating expense for such
 school district calculated pursuant to paragraph t of subdivision one of
 section  thirty-six  hundred  two  of  this  chapter  for each such year
 divided by the total approved operating expense for  such  district  for
 the  immediately preceding year or (B) the quotient of the total general
 fund expenditures for the school  district  calculated  pursuant  to  an
 electronic  data  file  created for the purpose of compliance with para-
 graph b of subdivision twenty-one of section three hundred five of  this
 chapter  published  annually  on May fifteenth for the year prior to the
 base year divided by the  total  estimated  public  enrollment  for  the
 school  district  pursuant  to paragraph n of subdivision one of section
 thirty-six hundred two of this chapter for the year prior  to  the  base
 year.
   § 36. Intentionally omitted.
   § 36-a. Intentionally omitted.
   § 36-b. Intentionally omitted.
   § 37. Intentionally omitted.
   §  37-a. Subdivision 21 of section 305 of the education law is amended
 by adding a new paragraph e to read as follows:
   E. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRARY,
 IN  PREPARING  AN  ELECTRONIC  DATA FILE PURSUANT TO PARAGRAPH B OF THIS
 SUBDIVISION, FOR THE PURPOSES OF USING ESTIMATED DATA FOR PROJECTIONS OF
 APPORTIONMENTS FOR THE FOLLOWING SCHOOL YEAR, THE COMMISSIONER SHALL (I)
 CALCULATE THE NEGATIVE DIFFERENCE,  IF  ANY,  OF  THE  ALLOWABLE  GROWTH
 AMOUNT  COMPUTED  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION THIRTY-SIX
 HUNDRED TWO OF THIS CHAPTER LESS THE PRELIMINARY GROWTH AMOUNT  PURSUANT
 TO  SUCH  SUBDIVISION,  AND (II) INCLUDE SUCH NEGATIVE DIFFERENCE AS THE
 "GROWTH CAP ADJUSTMENT" IN ANY FILE THAT  AGGREGATES  APPORTIONMENTS  OF
 GENERAL  SUPPORT  FOR  PUBLIC SCHOOLS FOR THE PURPOSE OF DETERMINING THE
 AMOUNTS NECESSARY IN THE STATE FISCAL YEARS ASSOCIATED WITH  THE  SCHOOL
 YEAR  ESTIMATES,  PROVIDED  THAT THE COMMISSIONER SHALL NOT ALLOCATE ANY
 AMOUNT OF SUCH GROWTH CAP ADJUSTMENT TO ANY SCHOOL DISTRICT.
   § 37-b.  Paragraph cc of subdivision 1 of section 3602 of  the  educa-
 tion law is REPEALED.
   § 37-c. Paragraph c of subdivision 17 of section 3602 of the education
 law is REPEALED.
   §  38.  Section  3  of  chapter  507  of the laws of 1974, relating to
 providing for the apportionment of state  monies  to  certain  nonpublic
 schools,  to  reimburse  them for their expenses   in   complying   with
 certain state requirements for the administration of state  testing  and
 evaluation  programs  and  for  participation  in state programs for the

 A. 3006--B                         21
 
 reporting of basic educational data, as amended by chapter  347  of  the
 laws of 2018, is amended to read as follows:
   §  3.  Apportionment.  a. The commissioner shall annually apportion to
 each qualifying school, for school years beginning  on  and  after  July
 first, nineteen hundred seventy-four, an amount equal to the actual cost
 incurred  by  each  such  school  during  the  preceding school year for
 providing services required by law  to  be  rendered  to  the  state  in
 compliance  with  the  requirements  of  the  state's  pupil  evaluation
 program, the basic educational data system,  regents  examinations,  the
 statewide  evaluation  plan,  the uniform procedure for pupil attendance
 reporting, the state's immunization  program  and  other  similar  state
 prepared  examinations  and  reporting  procedures.   PROVIDED THAT EACH
 NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN THE TWO THOUSAND  TWENTY--TWO
 THOUSAND  TWENTY-ONE SCHOOL YEAR TO REIMBURSE TWO THOUSAND NINETEEN--TWO
 THOUSAND TWENTY SCHOOL YEAR EXPENSES SHALL SUBMIT A CLAIM FOR  SUCH  AID
 TO THE STATE EDUCATION DEPARTMENT NO LATER THAN MAY FIFTEENTH, TWO THOU-
 SAND  TWENTY-ONE  AND  SUCH  CLAIMS SHALL BE PAID BY THE STATE EDUCATION
 DEPARTMENT NO  LATER  THAN  JUNE  THIRTIETH,  TWO  THOUSAND  TWENTY-ONE.
 PROVIDED  FURTHER  THAT  EACH NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN
 THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWENTY-TWO  SCHOOL  YEAR  AND
 THEREAFTER  SHALL  SUBMIT  A  CLAIM  FOR SUCH AID TO THE STATE EDUCATION
 DEPARTMENT NO LATER THAN APRIL FIRST OF THE SCHOOL YEAR IN WHICH AID  IS
 PAYABLE  AND SUCH CLAIMS SHALL BE PAID BY THE STATE EDUCATION DEPARTMENT
 NO LATER THAN MAY THIRTY-FIRST OF SUCH SCHOOL YEAR.
   b. Such nonpublic schools shall be eligible to receive  aid  based  on
 the  number  of days or portion of days attendance is taken and either a
 5.0/5.5 hour standard instructional day, or another work day  as  certi-
 fied by the nonpublic school officials, in accordance with the methodol-
 ogy  for  computing  salary  and  benefits  applied by the department in
 paying aid for the two thousand twelve--two thousand thirteen and  prior
 school years.
   c. The commissioner shall annually apportion to each qualifying school
 in  the  cities  of  New  York,  Buffalo and Rochester, for school years
 beginning on or after July first two thousand sixteen, an  amount  equal
 to  the  actual  cost  incurred by each such school during the preceding
 school year in meeting the recording and reporting requirements  of  the
 state  school  immunization program, provided that the state's liability
 shall be limited to the amount appropriated for this purpose.
   § 39. 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
 30  of  part  A of chapter 56 of the laws of 2020, 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,  [and]  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  twen-
 ty-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  where  a  contact  hour represents sixty minutes of

 A. 3006--B                         22
 
 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); [and]  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). Notwithstanding any other provision of law to the contrary,
 the apportionment calculated for the city school district of the city of
 New York pursuant to subdivision 11 of section 3602 of the education law
 shall  be  computed  as if such contact hours provided by the consortium
 for worker education, not to exceed the contact hours set forth  herein,
 were eligible for aid in accordance with the provisions of such subdivi-
 sion 11 of section 3602 of the education law.
   §  40. 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 z to read as follows:
   Z. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
 COMPLETION  OF  PAYMENTS FOR THE 2021--2022 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).
   §  41. 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 32 of part A of
 chapter 56 of the laws of 2020, is amended to read as follows:
   §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
 repealed on June 30, [2021] 2022.
   § 41-a. Paragraph a-1 of subdivision 11 of section 3602 of the  educa-
 tion law, as amended by section 32-a of part A of chapter 56 of the laws
 of 2020, 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] TWENTY-ONE--two thou-
 sand [twenty-one] TWENTY-TWO, 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  equivalency  diploma  but
 fail  to  demonstrate basic educational competencies as defined in regu-
 lation by the  commissioner,  when  measured  by  accepted  standardized
 tests, and who shall be eligible to attend employment preparation educa-
 tion programs operated pursuant to this subdivision.
   §  42.  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 34 of part A of
 chapter 56 of the laws of 2020, is amended to read as follows:

 A. 3006--B                         23
 
   §  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, [2021] 2022 when
 upon such date the provisions of this act shall be deemed repealed.
   § 42-a. Subparagraph (ii) of paragraph (c) of subdivision 8 of section
 3602-ee  of  the  education law, as amended by section 22-b of part A of
 chapter 56 of the laws of 2020, is amended to read as follows:
   (ii) Provided that, notwithstanding any provisions of  this  paragraph
 to  the  contrary,  for the two thousand seventeen-two thousand eighteen
 through the two thousand [twenty] TWENTY-ONE--two thousand  [twenty-one]
 TWENTY-TWO school years an exemption to the certification requirement of
 subparagraph  (i)  of  this  paragraph may be made for a teacher without
 certification valid for  service  in  the  early  childhood  grades  who
 possesses  a written plan to obtain certification and who has registered
 in the ASPIRE workforce registry as required under  regulations  of  the
 commissioner  of  the  office  of children and family services. Notwith-
 standing any exemption  provided  by  this  subparagraph,  certification
 shall be required for employment no later than June thirtieth, two thou-
 sand  [twenty-one] TWENTY-TWO; provided that for the two thousand [twen-
 ty] TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO school year, school
 districts with  teachers  seeking  an  exemption  to  the  certification
 requirement  of subparagraph (i) of this paragraph shall submit a report
 to the commissioner regarding (A) the barriers to certification, if any,
 (B) the number of uncertified teachers registered in  the  ASPIRE  work-
 force  registry  teaching  pre-kindergarten  in  the district, including
 those employed by a community-based  organization,  (C)  the  number  of
 previously  uncertified  teachers  who  have  completed certification as
 required  by  this  subdivision,  and  (D)  the  expected  certification
 completion date of such teachers.
   §  42-b.  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 22-a of part A of chapter  56
 of the laws of 2020, 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, [2021] 2022;
   §  43.  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  35 of part A of chapter 56 of the laws of 2020, 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,
 [2021] 2022.
   §  44.  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 36 of part A of  chapter  56  of  the
 laws of 2020, 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, [2021] 2022.
   § 45. School bus driver training. In addition to apportionments other-
 wise  provided  by section 3602 of the education law, for aid payable in
 the 2021--2022 school year, the commissioner of education shall allocate
 school bus driver training grants to  school  districts  and  boards  of
 cooperative educational services pursuant to sections 3650-a, 3650-b and

 A. 3006--B                         24
 
 3650-c of the education law, or for contracts directly with not-for-pro-
 fit  educational  organizations  for  the purposes of this section. Such
 payments shall not exceed four hundred thousand dollars  ($400,000)  per
 school year.
   §  46.  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 2022 and not later than the last  day  of  the  third  full
 business week of June 2022, 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, 2022, for salary expenses incurred between April 1 and
 June 30, 2021 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.
   c. Notwithstanding the provisions of section 3609-a of  the  education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions  a  and  b of this section shall first be deducted from the
 following payments due  the  school  district  during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)

 A. 3006--B                         25
 
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 46-a. 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
 42-a of part A of chapter 56 of the laws of 2020, 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  [2020-21]  2021-22  school  year,  four  million   dollars
 ($4,000,000);  for  the  [2021-22]  2022-23  school  year, three million
 dollars ($3,000,000); for the [2022-23] 2023-24 school year, two million
 dollars ($2,000,000); for the [2023-24] 2024-25 school year, one million
 dollars ($1,000,000); and for the [2024-25] 2025-26  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.
   §  46-b.  Section  8  of  chapter  89  of the laws of 2016 relating to
 supplementary funding for dedicated programs for public school  students
 in  the  East Ramapo central school district, as amended by section 42-b
 of part A of chapter 56 of the laws of  2020,  is  amended  to  read  as
 follows:
   §  8.  This act shall take effect July 1, 2016 and shall expire and be
 deemed repealed June 30, [2021]  2022,  except  that  paragraph  (b)  of
 section  five of this act and section seven of this act shall expire and
 be deemed repealed June 30, [2021] 2022.
   § 46-c. a. Notwithstanding any inconsistent provision of  law  to  the
 contrary,  for  purposes  of  the  pandemic adjustment as defined in the
 appropriation for general support for public schools pursuant to chapter
 53 of the laws of 2020 and subdivision 19 of section 3602 of the  educa-
 tion  law,  the  pandemic  adjustment amount for the East Ramapo central
 school district shall equal zero.
  b. Notwithstanding any provision of law to the  contrary,  the  commis-
 sioner of education shall reduce payments for general support for public
 schools due to the East Ramapo central school district for the 2020-2021
 school  year  by  an  amount equal to the product of nine one-hundredths
 (0.09) multiplied by the sum of  (A)  the  amount  set  forth  for  such
 district  as  "TOTAL"  under the heading "2020-21 BASE YEAR AIDS" on the
 school aid computer listing produced by  the  commissioner  in  November
 2020  pursuant to subdivision 21 of section 305 of the education law and
 entitled "CL2122" plus (B) the positive value of the amount set forth as
 "PANDEMIC ADJUSTMENT" on such listing, provided further that  an  amount
 equal  to the amount of such deduction shall be deemed to have been paid
 to the district pursuant to this section for the school  year  in  which
 such deduction is made.
  c.  Notwithstanding  any  provisions  of  law  to the contrary, for the
 purposes of an  apportionment  from  the  education  stabilization  fund

 A. 3006--B                         26

 appropriated  in chapter 53 of the laws of 2020, the East Ramapo central
 school district shall be apportioned an amount equal to the  amount  set
 forth  for  such  district  as  "PANDEMIC  ADJUSTMENT" under the heading
 "2020-21  BASE YEAR AIDS" on the school aid computer listing produced by
 the commissioner in November 2020 pursuant to subdivision 21 of  section
 305  of  the  education  law  in support of the budget for the 2020-2021
 school year and entitled "CL2122".
   § 47. 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, 2022, 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, 2022 and  such  apportionment  shall
 not  exceed  the  additional  accruals  required  to  be  made by school
 districts in the 2004--2005 and 2005--2006 school years associated  with
 changes  for  such  public pension liabilities. The amount of such addi-
 tional accrual shall be certified to the commissioner  of  education  by
 the  president of the board of education or the trustees or, in the case
 of a city school district in a city  with  a  population  in  excess  of
 125,000  inhabitants,  the mayor of such city. Such application shall be
 made by a school district, after the board of education or trustees have
 adopted a resolution to do so and in the case of a city school  district
 in  a  city with a population in excess of 125,000 inhabitants, with the
 approval of the mayor of such city.
   b. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  a  of  this section shall be submitted to the
 commissioner of education on a form prescribed  for  such  purpose,  and
 shall  be  payable upon determination by such commissioner that the form
 has been submitted as prescribed. Such approved amounts shall be payable
 on the same day in September of the school year following  the  year  in
 which  application  was  made as funds provided pursuant to subparagraph
 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
 law, on the audit and warrant  of  the  state  comptroller  on  vouchers
 certified  or  approved  by  the commissioner of education in the manner
 prescribed by law from moneys in the state lottery  fund  and  from  the
 general  fund  to  the  extent that the amount paid to a school district
 pursuant to this section exceeds the amount, if  any,  due  such  school
 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
 section  3609-a  of  the  education law in the school year following the
 year in which application was made.
   c. Notwithstanding the provisions of section 3609-a of  the  education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions  a  and  b of this section shall first be deducted from the
 following payments due  the  school  district  during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.

 A. 3006--B                         27
 
   § 47-a. Subdivision 1 of section 1318 of the real property tax law, as
 amended by chapter 238 of the laws  of  2007,  is  amended  to  read  as
 follows:
   1.  The warrant of the collecting officer shall be signed by the trus-
 tee, or the trustees, or a majority of them, or the board  of  education
 or a majority thereof. Such warrant shall state the amount of unexpended
 surplus  funds  in the custody of the board and shall further state that
 except as authorized or required by law, such unexpended  surplus  funds
 have  been applied in determining the amount of the school tax levy. For
 the two thousand seven--two thousand eight school year, surplus funds as
 used in this subdivision shall mean any operating  funds  in  excess  of
 three  percent  of the current school year budget, and shall not include
 funds properly retained under other sections of law. For the  two  thou-
 sand eight--two thousand nine school year, and thereafter, surplus funds
 as  used in this subdivision shall mean any operating funds in excess of
 four percent of the current school year budget, and  shall  not  include
 funds  properly retained under other sections of law.  FOR THE TWO THOU-
 SAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR THROUGH THE  TWO  THOU-
 SAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR, SURPLUS FUNDS AS
 USED IN THIS SUBDIVISION SHALL MEAN ANY OPERATING FUNDS IN EXCESS OF SIX
 PERCENT  OF  THE CURRENT SCHOOL YEAR BUDGET, AND SHALL NOT INCLUDE FUNDS
 PROPERLY RETAINED UNDER OTHER SECTIONS OF LAW. Such warrant  shall  have
 the  same force and effect as a warrant issued by a board of supervisors
 to a collecting officer in a town. The collecting officer to whom it may
 be delivered for collection shall be thereby authorized and required  to
 collect  from  every  person  named  on such school tax roll the sum set
 opposite his name, or the amount due from any person specified  therein,
 in  the same manner and with the same powers that collecting officers in
 towns are authorized to collect taxes levied by the  board  of  supervi-
 sors.
   § 48. Notwithstanding the provision of any law, rule, or regulation to
 the  contrary,  the  city school district of the city of Rochester, upon
 the consent of the board of  cooperative  educational  services  of  the
 supervisory  district  serving  its  geographic region may purchase from
 such board for the 2021--2022 school year,  as  a  non-component  school
 district, services required by article 19 of the education law.
   §  49. 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 2021--2022  school  year.  For  the  city
 school  district  of  the  city of New York there shall be a setaside 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,

 A. 3006--B                         28
 
 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  setaside  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 2021--2022 school year, and
 for any city school district in a city having a population of more  than
 one  million,  the  setaside  for  attendance  improvement  and  dropout
 prevention shall equal the amount set aside in the base  year.  For  the
 2021--2022  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 2021--2022 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

 A. 3006--B                         29
 
 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.
   § 50. Support of public libraries. The  moneys  appropriated  for  the
 support  of  public  libraries by a chapter of the laws of 2021 enacting
 the aid to localities budget shall be  apportioned  for  the  2021--2022
 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 2021--2022
 by a chapter of the laws of 2021 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 assure that the total amount of  aid  payable
 does not exceed the total appropriations for such purpose.
   § 51. Severability. The provisions of this act shall be severable, and
 if  the  application  of  any  clause, sentence, paragraph, subdivision,
 section or part of this act to  any  person  or  circumstance  shall  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph, subdivision, section, part
 of this act or remainder thereof, as the  case  may  be,  to  any  other
 person  or  circumstance,  but shall be confined in its operation to the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 52. This act shall take effect immediately, and shall be  deemed  to
 have been in full force and effect on and after April 1, 2021, provided,
 however, that:
   1. Sections one, ten-a, ten-b, twelve-b, thirteen-a, fourteen-a, twen-
 ty-three,  thirty-seven-a,  thirty-seven-b,  thirty-seven-c,  forty-one,
 forty-one-a, forty-two-a, forty-three,  forty-four,  forty-five,  forty-
 six-a,  forty-eight and forty-nine of this act shall take effect July 1,
 2021;
   2. Intentionally omitted;
   3. Intentionally omitted;
   3-a. Section twenty-two-b of this act shall take  effect  on  July  1,
 2021  and  shall expire June 30, 2024 when upon such date the provisions
 of such section shall be deemed repealed;
   4. The amendments to paragraph (a) of subdivision 1 of section 2856 of
 the education  law  made  by  section thirty-four of this act  shall  be
 subject  to the expiration and reversion of such subdivision pursuant to

 A. 3006--B                         30
 
 subdivision  d  of  section  27  of  chapter 378 of the laws of 2007, as
 amended, when upon such date the provisions of  section  thirty-five  of
 this act shall take effect;
   5. Intentionally omitted;
   6.  The  amendments  to  chapter  756 of the laws of 1992, relating to
 funding a program for work force education conducted by a consortium for
 worker education in New York City made by sections thirty-nine and forty
 of this act shall not affect the repeal of such  chapter  and  shall  be
 deemed repealed therewith;
   7.  Section  forty-six-c  of  this act shall be deemed to have been in
 full force and effect on July 1, 2020 and shall apply to only the  2020-
 2021 school year; and
   8.  Section  forty-seven-a  of this act shall expire July 1, 2025 when
 upon such date the provisions of such section shall be deemed repealed.
 
                                  PART B
 
                           Intentionally Omitted
 
                                  PART C
 
                           Intentionally Omitted
 
                                  PART D
 
   Section 1. Section 4 of subpart A of part D of chapter 58 of the  laws
 of  2011  amending  the  education law relating to capital facilities in
 support of the state university and community colleges,  as  amended  by
 section  1  of  part  Q of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 4. This act shall take effect immediately and shall  expire  and  be
 deemed repealed June 30, [2021] 2026.
   §  2.  Section  4  of subpart B of part D of chapter 58 of the laws of
 2011 amending the education law relating to procurement  in  support  of
 the  state  and  city universities, as amended by section 2 of part Q of
 chapter 54 of the laws of 2016, is amended to read as follows:
   § 4. This act shall take effect immediately and shall  expire  and  be
 deemed repealed June 30, [2021] 2026.
   §  3.  Section  3  of subpart C of part D of chapter 58 of the laws of
 2011 amending the education law relating to state university health care
 facilities, as amended by section 3 of part Q of chapter 54 of the  laws
 of 2016, is amended to read as follows:
   §  3.  This act shall take effect immediately, and shall expire and be
 deemed repealed June 30, [2021] 2026.
   § 4. Intentionally omitted.
   § 5. This act shall take effect immediately.
 
                                  PART E
 
                           Intentionally Omitted
 
                                  PART F
 
   Section 1. Notwithstanding any provision of law or regulation  to  the
 contrary, for purposes of an award made pursuant to subparts 2 through 4
 of  part 2 of article 14 of the education law in the 2019--2020 or 2020-

 A. 3006--B                         31
 
 -2021 academic years, any semester, quarter or term that a recipient  of
 such an award is unable to complete as a result of the COVID-19 pandemic
 state  disaster  emergency  declared  March  7,  2020, as certified by a
 college  or  university and approved by the New York state higher educa-
 tion services corporation, shall  not  be  considered  for  purposes  of
 determining  the  maximum duration of such award for that recipient, and
 provided further that no such recipient shall suffer a reduction in  the
 original award amount granted pursuant to such subparts in such academic
 years  solely due to inability to complete any semester, quarter or term
 as a result of the COVID-19 pandemic state disaster  emergency  declared
 March  7,  2020, as certified by a college or university and approved by
 the New York state higher education services corporation.
   § 2. 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 T of chapter 56 of the laws of 2018, 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-one] TWENTY-THREE--two thou-
 sand [twenty-two] TWENTY-FOUR academic year and every [four years]  YEAR
 thereafter,  the  undergraduate  tuition  charged  by the institution to
 recipients of an award shall be reset to equal the tuition  rate  estab-
 lished  by  the  institution 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.

 A. 3006--B                         32
 
   § 2. This act shall take effect immediately.
 
                                  PART H
 
                           Intentionally Omitted
 
                                  PART I
 
                           Intentionally Omitted
 
                                  PART J
 
   Section  1.  Section  9  of  part G of chapter 57 of the laws of 2013,
 amending the executive law and  the  social  services  law  relating  to
 consolidating  the  youth development and delinquency prevention program
 and the special delinquency prevention program, as amended by section  1
 of  part  I  of  chapter  56  of the laws of 2018, is amended to read as
 follows:
   § 9. This act shall take effect January 1, 2014 [and shall expire  and
 be deemed repealed on December 31, 2021].
   § 2.  This act shall take effect immediately.
 
                                  PART K
 
   Section  1.  Section  4  of  part K of chapter 57 of the laws of 2012,
 amending the education law, relating to authorizing the board of cooper-
 ative educational services to enter into contracts with the commissioner
 of children and family services to provide certain services, as  amended
 by  section 1 of part J of chapter 56 of the laws of 2018, is amended to
 read as follows:
   § 4. This act shall take effect July 1, 2012 [and  shall  expire  June
 30,  2021 when upon such date the provisions of this act shall be deemed
 repealed].
   § 2. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. Paragraph (g) of subdivision 3  of  section  358-a  of  the
 social  services law, as amended by section 4 of subpart L of part XX of
 chapter 55 of the laws of 2020, is amended to read as follows:
   (g) (I) In any case in which an order has been issued pursuant to this
 section  approving  a  foster  care  placement  instrument,  the  social
 services  official  or authorized agency charged with custody or care of
 the child shall report THE INITIAL PLACEMENT AND any anticipated  change
 in  placement  to the court and the attorneys for the parties, including
 the attorney for the child, forthwith, but not later than  one  business
 day  following  either  the decision TO MAKE THE INITIAL PLACEMENT OR to
 change the placement or the actual date the INITIAL PLACEMENT OR  place-
 ment  change  occurred,  whichever is sooner. Such notice shall indicate
 the date that the placement change is anticipated to occur or  the  date
 the placement change occurred, as applicable. Provided, however, if such
 notice  lists an anticipated date for the INITIAL PLACEMENT OR placement
 change, the local social services district or  authorized  agency  shall
 subsequently  notify  the court and attorneys for the parties, including
 the attorney for the child, of  the  date  the  placement  OR  PLACEMENT

 A. 3006--B                         33
 
 change  occurred; such notice shall occur no later than one business day
 following the placement OR PLACEMENT change.
   (II)  WHEN  A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
 SIONER OF A LOCAL SOCIAL  SERVICES  DISTRICT  IN  ACCORDANCE  WITH  THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
 IN  SECTION  FOUR HUNDRED NINE-H OF THIS CHAPTER, AND WHERE SUCH CHILD'S
 INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR
 AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON  RECEIPT  OF
 NOTICE  REQUIRED  PURSUANT  TO  SUBPARAGRAPH  (I)  OF THIS PARAGRAPH AND
 MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT  SHALL  MAKE  AN
 ASSESSMENT  AND  DETERMINATION  ON  SUCH  PLACEMENT  IN  ACCORDANCE WITH
 SECTION THREE HUNDRED NINETY-THREE OF THIS CHAPTER. NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW  TO THE CONTRARY, SUCH ASSESSMENT AND DETERMI-
 NATION SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE  PLACEMENT
 OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   §  1-a.  Section 371 of the social services law is amended by adding a
 new subdivision 22 to read as follows:
   22. "SUPERVISED SETTING" SHALL MEAN A  RESIDENTIAL  PLACEMENT  IN  THE
 COMMUNITY  APPROVED  AND SUPERVISED BY AN AUTHORIZED AGENCY OR THE LOCAL
 SOCIAL SERVICES DISTRICT IN  ACCORDANCE  WITH  THE  REGULATIONS  OF  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES TO PROVIDE A TRANSITIONAL EXPERI-
 ENCE  FOR  OLDER  YOUTH  IN  WHICH  SUCH YOUTH MAY LIVE INDEPENDENTLY. A
 SUPERVISED SETTING INCLUDES, BUT IS  NOT  LIMITED  TO,  PLACEMENT  IN  A
 SUPERVISED  INDEPENDENT  LIVING PROGRAM, AS DEFINED IN SUBDIVISION TWEN-
 TY-ONE OF THIS SECTION.
   § 1-b. Paragraph (c) of subdivision 2 of section 383-a of  the  social
 services  law, as added by section 5 of part M of chapter 54 of the laws
 of 2016, is amended to read as follows:
   (c) "Child care facility" shall mean an institution, group  residence,
 group  home,  agency  operated  boarding  home,  or  supervised SETTING,
 INCLUDING A SUPERVISED independent living program.
   § 2. The social services law is amended by adding a new section 393 to
 read as follows:
   § 393. COURT APPROVAL OF PLACEMENT IN A QUALIFIED  RESIDENTIAL  TREAT-
 MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
 IS  PLACED  ON  OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE
 AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED  IN
 SECTION  FOUR HUNDRED NINE-H OF THIS ARTICLE, AND WHOSE CARE AND CUSTODY
 WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT
 IN ACCORDANCE WITH SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS  CHAPTER,
 OR  WHOSE  CUSTODY AND GUARDIANSHIP WERE TRANSFERRED TO THE COMMISSIONER
 OF A LOCAL SOCIAL SERVICES DISTRICT IN  ACCORDANCE  WITH  SECTION  THREE
 HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED EIGHTY-FOUR-B OF THIS TITLE.
   2. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFER-
 ENCED  IN  SUBDIVISION  ONE  OF  THIS SECTION IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM, THE COURT SHALL:
   (I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
 THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THIS
 ARTICLE;
   (II)  DETERMINE  WHETHER  THE  NEEDS  OF  THE CHILD CAN BE MET THROUGH
 PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF  THE
 CHILD IN THE PARTICULAR QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES
 THE  MOST  EFFECTIVE  AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE
 LEAST RESTRICTIVE ENVIRONMENT, WHETHER PLACEMENT IN AN ALTERNATIVE QUAL-
 IFIED RESIDENTIAL TREATMENT PROGRAM WOULD BE MORE APPROPRIATE AND WHETH-

 A. 3006--B                         34
 
 ER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM  GOALS
 FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN;
   (III)  CONSIDER  ANY  RELEVANT  INFORMATION  OR  DOCUMENTATION THAT IS
 NECESSARY TO  MAKE  A  DETERMINATION,  INCLUDING  ANY  SUCH  INFORMATION
 PROVIDED  BY  AN  AUTHORIZED  AGENCY  AS  DEFINED  IN SUBDIVISION TEN OF
 SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE; AND
   (IV) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT WHERE THE  QUALIFIED  INDI-
 VIDUAL DETERMINES THAT THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESI-
 DENTIAL  TREATMENT  PROGRAM  IS  NOT  APPROPRIATE IN ACCORDANCE WITH THE
 ASSESSMENT REQUIRED PURSUANT TO SECTION  FOUR  HUNDRED  NINE-H  OF  THIS
 ARTICLE,  THE COURT MAY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM IF THE COURT FINDS, AND STATES IN THE
 WRITTEN ORDER THAT:
   (A) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT  CAN  MEET  THE
 CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (B)  THAT  CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL PROGRAM IS
 IN THE CHILD'S BEST INTEREST.
   (B) IF THE COURT DISAPPROVES THE PLACEMENT OF THE CHILD IN THE  QUALI-
 FIED  RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL, ON ITS OWN MOTION,
 DETERMINE A SCHEDULE FOR THE RETURN OF THE CHILD, CHANGE THE  AUTHORIZED
 AGENCY IN WHICH THE CHILD IS PLACED, OR DIRECT THE LOCAL SOCIAL SERVICES
 DISTRICT  OR  OFFICE  OF CHILDREN AND FAMILY SERVICES, AS APPLICABLE, TO
 MAKE SUCH OTHER ARRANGEMENTS FOR THE CHILD'S CARE  AND  WELFARE  IN  THE
 MOST  EFFECTIVE  AND  LEAST  RESTRICTIVE ENVIRONMENT AS THE FACTS OF THE
 CASE MAY ARISE. IF SUCH ALTERNATIVE ARRANGEMENTS INCLUDE A PLACEMENT  IN
 A  DIFFERENT  QUALIFIED  RESIDENTIAL TREATMENT PROGRAM, THE REQUIREMENTS
 INCLUDED IN THIS SECTION AND SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE
 SHALL BE SATISFIED FOR SUCH NEW PLACEMENT.
   (C) NOTHING HEREIN SHALL REQUIRE  THE  COURT  TO  HOLD  A  HEARING  TO
 CONDUCT  SUCH ASSESSMENT AND DETERMINATION WHEN ALL PARTIES AGREE TO THE
 PLACEMENT OF THE CHILD, AS LONG AS SUCH REVIEW IS COMPLETED WITHIN SIXTY
 DAYS OF THE INITIAL PLACEMENT OF THE CHILD.
   3. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
   4. NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S  APPROVAL  OF  A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT
 THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT
 NOT LIMITED TO THE CHILD'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED
 SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACE-
 MENT.
   5.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ANY
 CHILD PLACED IN A SETTING PRIOR TO SEPTEMBER TWENTY-NINTH, TWO  THOUSAND
 TWENTY-ONE,  WHICH IS SUBSEQUENTLY ACCREDITED TO BE A QUALIFIED RESIDEN-
 TIAL TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THIS
 ARTICLE, SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF THIS  SECTION,  AND
 SUCH  PLACEMENT,  IF  INITIALLY  ELIGIBLE  FOR FUNDING TITLE IV-E OF THE
 FEDERAL SOCIAL SECURITY ACT, AS AMENDED, SHALL CONTINUE TO  BE  ELIGIBLE
 TO RECEIVE SUCH REIMBURSEMENT.
   §  2-a.  Subparagraph 1 of paragraph (g) of subdivision 6 and subdivi-
 sion 10 of section 398 of the social services  law,  subparagraph  1  of
 paragraph  (g)  of  subdivision 6 as amended by chapter 3 of the laws of
 2012 and subdivision 10 as amended by chapter 563 of the laws  of  1986,
 are amended to read as follows:
   (1)  Place children in its care and custody or its custody and guardi-
 anship, in suitable instances, in  SUPERVISED  SETTINGS,  family  homes,

 A. 3006--B                         35
 
 agency  boarding  homes,  group  homes  or institutions under the proper
 safeguards. Such placements can be made either directly, or  through  an
 authorized  agency,  except  that,  direct placements in agency boarding
 homes or group homes may be made by the social services district only if
 the  office  of children and family services has authorized the district
 to operate such homes in accordance with the provisions of section three
 hundred seventy-four-b of this [chapter] ARTICLE and  only  if  suitable
 care  is  not otherwise available through an authorized agency under the
 control of persons of the same religious faith as the child. Where  such
 district  places  a  child in [an] A SUPERVISED SETTING, agency boarding
 home, group home or institution, either directly, or through an  author-
 ized  agency,  the  district  shall  certify in writing to the office of
 children and family services, that such placement was  made  because  it
 offers  the most appropriate and least restrictive level of care for the
 child, and, is more appropriate than a family foster home placement, or,
 that such placement is necessary because there are no  qualified  foster
 families  available  within  the district who can care for the child. If
 placements in agency boarding homes, group homes or institutions are the
 result of a lack of foster parents within  a  particular  district,  the
 office  of  children  and  family services shall assist such district to
 recruit and train foster parents.   Placements shall  be  made  only  in
 institutions  visited, inspected and supervised in accordance with title
 three of article seven of this chapter and conducted in conformity  with
 the applicable regulations of the supervising state agency in accordance
 with  title three of article seven of this chapter. With the approval of
 the office of children and family services, a social  services  district
 may  place  a child in its care and custody or its custody and guardian-
 ship in a federally funded job corps program and may receive  reimburse-
 ment  for  the  approved costs of appropriate program administration and
 supervision pursuant to a plan developed by the department and  approved
 by the director of the budget.
   10.  Any  provision  of this chapter or any other law notwithstanding,
 where a foster child for whom a social services official has been making
 foster care payments is in attendance at a college  or  university  away
 from his OR HER foster family boarding home, group home, agency boarding
 home  or  institution,  a  social  services  official  may  make  foster
 payments, not to exceed the amount which  would  have  been  paid  to  a
 foster  parent on behalf of said child had the child been cared for in a
 foster family boarding home, to such college or university OR A PROVIDER
 OF ROOM AND BOARD AS APPROPRIATE, in  lieu  of  payment  to  the  foster
 parents  or authorized agency, for the purpose of room and board, if not
 otherwise provided.
   § 3. The social services law is amended by adding a new section  409-h
 to read as follows:
   § 409-H. ASSESSMENT  OF  APPROPRIATENESS  OF  PLACEMENT IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM. 1.  (A) PRIOR TO A CHILD'S PLACEMENT IN A
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM, BUT NO LATER THAN  THIRTY  DAYS
 FROM  THE  START  OF  A  PLACEMENT  IN A QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM OF A CHILD IN THE CARE AND CUSTODY OR THE CUSTODY AND  GUARDIAN-
 SHIP  OF  THE  COMMISSIONER  OF  A LOCAL SOCIAL SERVICES DISTRICT OR THE
 OFFICE OF CHILDREN AND FAMILY SERVICES THAT OCCURS ON OR AFTER SEPTEMBER
 TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, A QUALIFIED INDIVIDUAL AS DEFINED
 IN SUBDIVISION FOUR OF THIS SECTION SHALL ASSESS THE APPROPRIATENESS  OF
 SUCH  PLACEMENT UTILIZING AN AGE-APPROPRIATE, EVIDENCE-BASED, VALIDATED,
 FUNCTIONAL ASSESSMENT TOOL APPROVED BY THE FEDERAL GOVERNMENT  FOR  SUCH
 PURPOSE.    SUCH ASSESSMENT SHALL BE IN ACCORDANCE WITH 42 UNITED STATES

 A. 3006--B                         36
 
 CODE SECTIONS 672 AND 675A AND SHALL INCLUDE, BUT NOT BE LIMITED TO: (I)
 AN ASSESSMENT OF THE STRENGTHS AND NEEDS OF THE CHILD; AND (II) A DETER-
 MINATION OF THE MOST EFFECTIVE AND APPROPRIATE LEVEL  OF  CARE  FOR  THE
 CHILD  IN  THE LEAST RESTRICTIVE SETTING, INCLUDING WHETHER THE NEEDS OF
 THE CHILD CAN BE MET WITH FAMILY  MEMBERS  OR  THROUGH  PLACEMENT  IN  A
 FOSTER FAMILY HOME, OR ALTERNATIVE SETTING WHICH MAY INCLUDE, BUT IS NOT
 LIMITED TO, SUCH SETTINGS SPECIFIED IN PARAGRAPH (D) OF THIS SUBDIVISION
 OR A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, CONSISTENT WITH THE SHORT-
 TERM  AND  LONG-TERM  GOALS  FOR  THE  CHILD AS SPECIFIED IN THE CHILD'S
 PERMANENCY PLAN.  SUCH ASSESSMENT SHALL BE COMPLETED IN CONJUNCTION WITH
 THE FAMILY AND PERMANENCY TEAM ESTABLISHED PURSUANT TO PARAGRAPH (B)  OF
 THIS SUBDIVISION.
   (B)  SUCH  ASSESSMENT AND ALL SUPPORTING INFORMATION SHALL BE PROVIDED
 IN WRITING TO THE COURT, THE PARTIES TO THE  PROCEEDING,  INCLUDING  THE
 ATTORNEY  FOR  THE  CHILD,  THE  OFFICE  AND  THE  LOCAL SOCIAL SERVICES
 DISTRICT WHERE SUCH CHILD IS IN THEIR CARE AND CUSTODY  OR  CUSTODY  AND
 GUARDIANSHIP  NO  LATER  THAN  FIVE  DAYS  AFTER  THE COMPLETION OF SUCH
 ASSESSMENT.
   (C) THE FAMILY AND PERMANENCY TEAM SHALL CONSIST  OF  ALL  APPROPRIATE
 BIOLOGICAL  FAMILY  MEMBERS, RELATIVES, AND FICTIVE KIN OF THE CHILD, AS
 WELL AS, AS APPROPRIATE, PROFESSIONALS WHO ARE A RESOURCE TO THE  FAMILY
 OF  THE CHILD, INCLUDING BUT NOT LIMITED TO, TEACHERS, MEDICAL OR MENTAL
 HEALTH PROVIDERS WHO HAVE TREATED THE CHILD, OR CLERGY.  IN THE CASE  OF
 A  CHILD WHO HAS ATTAINED THE AGE OF FOURTEEN, THE FAMILY AND PERMANENCY
 TEAM SHALL INCLUDE THE MEMBERS OF THE PERMANENCY PLANNING TEAM  FOR  THE
 CHILD IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 675.
   (D)  WHERE  THE QUALIFIED INDIVIDUAL DETERMINES THAT THE CHILD MAY NOT
 BE PLACED IN A FOSTER FAMILY HOME, THE QUALIFIED INDIVIDUAL MUST SPECIFY
 IN WRITING THE REASONS WHY THE NEEDS OF THE CHILD CANNOT BE MET  BY  THE
 CHILD'S  FAMILY  OR  IN A FOSTER FAMILY HOME AND WHY SUCH A PLACEMENT IS
 NOT THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF  CARE  FOR  SUCH  CHILD.
 SUCH  DETERMINATION  SHALL INCLUDE WHETHER THE NEEDS OF THE CHILD CAN BE
 MET THROUGH PLACEMENT IN:
   (I) AN AVAILABLE SUPERVISED  SETTING,  AS  SUCH  TERM  IS  DEFINED  IN
 SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE;
   (II)  IF  THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A
 SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF  SECTION  FOUR
 HUNDRED  FORTY-SEVEN-A  OF THIS ARTICLE, A SETTING PROVIDING RESIDENTIAL
 CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN;
   (III) A SETTING SPECIALIZING IN  PROVIDING  PRENATAL,  POST-PARTUM  OR
 PARENTING SUPPORTS FOR YOUTH; OR
   (IV) A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
   2. WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE
 CHILD  IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE
 AFTER THE ASSESSMENT CONDUCTED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION,  THE CHILD'S PLACEMENT SHALL CONTINUE, AT LEAST UNTIL THE COURT
 HAS AN OPPORTUNITY TO EXAMINE  THE  QUALIFIED  INDIVIDUAL'S  ASSESSMENT.
 PROVIDED  HOWEVER,  DURING  SUCH  TIME, AFTER THE QUALIFIED INDIVIDUAL'S
 ASSESSMENT BUT PRIOR TO THE COURT'S REVIEW, THE  LOCAL  SOCIAL  SERVICES
 DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTO-
 DY  OF  THE  CHILD,  SHALL  DETERMINE  POTENTIAL  ALTERNATIVE  PLACEMENT
 SETTINGS THAT MAY BE APPROPRIATE FOR THE CHILD IF THE COURT ALSO  DISAP-
 PROVES  THE PLACEMENT.  SUCH PLACEMENTS SHALL BE DETERMINED BASED ON THE
 BEST INTEREST OF THE CHILD AND MAY INCLUDE, BUT ARE NOT LIMITED TO  WITH
 FAMILY  MEMBERS, IN AN AVAILABLE FOSTER FAMILY HOME, A SETTING SPECIFIED

 A. 3006--B                         37
 
 IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION OR A DIFFERENT QUAL-
 IFIED RESIDENTIAL TREATMENT PROGRAM.
   3.  AS  USED IN THE SECTION, "QUALIFIED RESIDENTIAL TREATMENT PROGRAM"
 MEANS A PROGRAM THAT IS  A  NON-FOSTER  FAMILY  RESIDENTIAL  PROGRAM  IN
 ACCORDANCE WITH 42 UNITED STATE CODE SECTION 672.
   4.  AS  USED  IN  THIS  SECTION,  "QUALIFIED  INDIVIDUAL" SHALL MEAN A
 TRAINED PROFESSIONAL OR LICENSED CLINICIAN ACTING WITHIN THEIR SCOPE  OF
 PRACTICE  WHO  SHALL HAVE CURRENT OR PREVIOUS RELEVANT EXPERIENCE IN THE
 CHILD WELFARE FIELD.  PROVIDED HOWEVER, SUCH INDIVIDUAL SHALL NOT BE  AN
 EMPLOYEE  OR  AGENT  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES, NOR
 SHALL SUCH PERSON HAVE A DIRECT ROLE IN CASE MANAGEMENT OR CASE PLANNING
 DECISION MAKING AUTHORITY FOR THE CHILD  FOR  WHOM  SUCH  ASSESSMENT  IS
 BEING CONDUCTED, IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 675.
   §  4. The family court act is amended by adding a new section 353.7 to
 read as follows:
   § 353.7. PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS. 1. THE
 PROVISIONS OF THIS SECTION SHALL  APPLY  WHEN  A  RESPONDENT  IS  PLACED
 PURSUANT  TO CLAUSE (A) OF SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVI-
 SION TWO-A OR PARAGRAPH (C) OF SUBDIVISION THREE  OF  SECTION  353.3  OF
 THIS  PART,  ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE
 AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED  IN
 SECTION  FOUR  HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE
 AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE.
   2.  (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
 SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT
 TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR  OFFICE  SHALL  REPORT
 ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALIFIED RESIDENTIAL
 TREATMENT  PROGRAM  AS  DEFINED  IN  SECTION  FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW TO THE COURT AND  THE  ATTORNEYS  FOR  THE  PARTIES,
 INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN
 ONE  BUSINESS  DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT
 IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE  ACTUAL  DATE  THE
 PLACEMENT  CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI-
 CATE THE DATE THAT THE INITIAL  PLACEMENT  OR  CHANGE  IN  PLACEMENT  IS
 ANTICIPATED  TO  OCCUR  OR  THE  DATE  THE PLACEMENT CHANGE OCCURRED, AS
 APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED  DATE
 FOR  THE  PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE
 SHALL SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR  THE  PARTIES,
 INCLUDING  THE  ATTORNEY  FOR  THE RESPONDENT, OF THE DATE THE PLACEMENT
 CHANGE OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS  DAY
 FOLLOWING THE PLACEMENT CHANGE.
   (B)  WHEN  A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL
 SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
 IN  ACCORDANCE  WITH  THIS  ARTICLE  RESIDES  IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM AS DEFINED IN  SECTION  FOUR  HUNDRED  NINE-H  OF  THE
 SOCIAL  SERVICES  LAW,  AND WHERE SUCH RESPONDENT'S INITIAL PLACEMENT OR
 CHANGE IN PLACEMENT IN  SUCH  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM
 COMMENCED  ON  OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF
 CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE  RESPONDENT,  THE
 COURT  SHALL  MAKE  AN ASSESSMENT AND DETERMINATION ON SUCH PLACEMENT IN
 ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW  TO THE CONTRARY, SUCH ASSESSMENT AND DETERMI-
 NATION SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE  PLACEMENT

 A. 3006--B                         38
 
 OF  THE  RESPONDENT  IN  THE  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM
 COMMENCED.
   3.  (A)  WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT
 REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM, THE COURT SHALL:
   (I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
 THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW;
   (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET  THROUGH
 PLACEMENT  IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE
 RESPONDENT IN THE PARTICULAR  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM
 PROVIDES  THE  MOST  EFFECTIVE  AND  APPROPRIATE  LEVEL  OF CARE FOR THE
 RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT, WHETHER PLACEMENT IN AN
 ALTERNATIVE QUALIFIED RESIDENTIAL TREATMENT PROGRAM WOULD BE MORE APPRO-
 PRIATE AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM  AND
 LONG-TERM  GOALS  FOR  THE  RESPONDENT  AS SPECIFIED IN THE RESPONDENT'S
 PERMANENCY PLAN;
   (III) CONSIDER ANY  RELEVANT  INFORMATION  OR  DOCUMENTATION  THAT  IS
 NECESSARY  TO  MAKE  A  DETERMINATION,  INCLUDING  ANY  SUCH INFORMATION
 PROVIDED BY AN AUTHORIZED  AGENCY  AS  DEFINED  IN  SUBDIVISION  TEN  OF
 SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;  AND
   (IV)  APPROVE  OR  DISAPPROVE  THE  PLACEMENT OF THE RESPONDENT IN THE
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, WHERE  A  QUALI-
 FIED  INDIVIDUAL  DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN THE
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE IN ACCORDANCE
 WITH THE ASSESSMENT REQUIRED PURSUANT TO SECTION FOUR HUNDRED NINE-H  OF
 THE  SOCIAL  SERVICES  LAW,  THE  COURT MAY APPROVE THE PLACEMENT OF THE
 RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF  THE  COURT
 FINDS, AND STATES IN THE WRITTEN ORDER THAT:
   (A)  THERE  IS  NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
 RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (B) THAT CONTINUED PLACEMENT IN THE  QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM SERVES THE RESPONDENT'S NEEDS AND BEST INTERESTS OR THE NEED FOR
 PROTECTION OF THE COMMUNITY.
   (B)  IF THE COURT DISAPPROVES THE PLACEMENT OF THE CHILD IN THE QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL, ON ITS OWN  MOTION,
 DETERMINE  A SCHEDULE FOR THE RETURN OF THE CHILD, CHANGE THE AUTHORIZED
 AGENCY IN WHICH THE CHILD IS PLACED, OR DIRECT THE LOCAL SOCIAL SERVICES
 DISTRICT OR OFFICE OF CHILDREN AND FAMILY SERVICES,  AS  APPLICABLE,  TO
 MAKE  SUCH  OTHER  ARRANGEMENTS  FOR THE CHILD'S CARE AND WELFARE IN THE
 MOST EFFECTIVE AND LEAST RESTRICTIVE ENVIRONMENT AS  THE  FACTS  OF  THE
 CASE  MAY ARISE. IF SUCH ALTERNATIVE ARRANGEMENTS INCLUDE A PLACEMENT IN
 A DIFFERENT QUALIFIED RESIDENTIAL TREATMENT  PROGRAM,  THE  REQUIREMENTS
 INCLUDED  IN  THIS SECTION AND SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
 SERVICES LAW SHALL BE SATISFIED FOR SUCH NEW PLACEMENT.
   (C) NOTHING HEREIN SHALL REQUIRE  THE  COURT  TO  HOLD  A  HEARING  TO
 CONDUCT  SUCH ASSESSMENT AND DETERMINATION WHEN ALL PARTIES AGREE TO THE
 PLACEMENT OF THE CHILD, AS LONG  AS  SUCH  REVIEW  IS  COMPLETED  WITHIN
 SIXTY DAYS OF THE INITIAL PLACEMENT OF THE CHILD.
   4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
   5.  NOTHING  IN  THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT
 THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH RESPONDENT,  INCLUD-
 ING  BUT  NOT  LIMITED  TO  THE RESPONDENT'S DISPOSITIONAL OR PERMANENCY

 A. 3006--B                         39
 
 HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY  DAYS  OF  THE
 START OF SUCH PLACEMENT.
   6. NOTWITHSTANDING ANY OTHER SECTION OF LAW TO THE CONTRARY, ANY CHILD
 PLACED  IN A SETTING PRIOR TO SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
 TY-ONE, WHICH IS SUBSEQUENTLY ACCREDITED TO BE A  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM  AS  DEFINED  IN  SECTION  FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW, SHALL NOT BE SUBJECT TO THE  REQUIREMENTS  OF  THIS
 SECTION,  AND  SUCH  PLACEMENT,  IF INITIALLY ELIGIBLE FOR FUNDING TITLE
 IV-E OF THE FEDERAL SOCIAL SECURITY ACT, AS AMENDED, SHALL  CONTINUE  TO
 BE ELIGIBLE TO RECEIVE SUCH REIMBURSEMENT.
   §  5. Section 355.5 of the family court act is amended by adding a new
 subdivision 10 to read as follows:
   10. WHERE THE RESPONDENT REMAINS PLACED  IN  A  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM,  AS  DEFINED  IN  SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW, THE  COMMISSIONER  OF  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTO-
 DY  OF  THE  RESPONDENT  SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING
 WITH RESPECT TO THE RESPONDENT:
   (A) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS  AND  NEEDS
 OF  THE  RESPONDENT  CANNOT  BE MET THROUGH PLACEMENT IN A FOSTER FAMILY
 HOME, THAT THE PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT  PROGRAM
 PROVIDES  THE  MOST  EFFECTIVE  AND  APPROPRIATE  LEVEL  OF CARE FOR THE
 RESPONDENT IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE  PLACEMENT
 IS  CONSISTENT  WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPOND-
 ENT, AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN;
   (B) DOCUMENTING THE SPECIFIC TREATMENT AND SERVICE NEEDS THAT WILL  BE
 MET  FOR  THE  RESPONDENT  IN  THE  PLACEMENT AND THE LENGTH OF TIME THE
 RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
   (C) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT
 OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF  THE
 RESPONDENT  TO  PREPARE  THE  RESPONDENT TO RETURN HOME, OR TO BE PLACED
 WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE  PARENT,  OR
 IN A FOSTER FAMILY HOME.
   §  6. Section 756-a of the family court act is amended by adding a new
 subdivision (h) to read as follows:
   (H) WHERE THE RESPONDENT REMAINS PLACED  IN  A  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM,  AS  DEFINED  IN  SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW, THE  COMMISSIONER  OF  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT  WITH  LEGAL CUSTODY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT
 THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT:
   (I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS  AND  NEEDS
 OF  THE RESPONDENT CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS
 OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT  IN  A  FOSTER  FAMILY
 HOME,  THAT THE PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 PROVIDES THE MOST EFFECTIVE  AND  APPROPRIATE  LEVEL  OF  CARE  FOR  THE
 RESPONDENT  IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT
 IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS OF THE RESPONDENT,
 AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN;
   (II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL  BE
 MET  FOR  THE  RESPONDENT  IN  THE  PLACEMENT AND THE LENGTH OF TIME THE
 RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
   (III) DOCUMENTING THE  EFFORTS  MADE  BY  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT  WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE RESPONDENT
 TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING  RELATIVE,  LEGAL
 GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME.

 A. 3006--B                         40
 
   §  7. The family court act is amended by adding a new section 756-b to
 read as follows:
   § 756-B. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
 MENT  PROGRAM.  1.  THE  PROVISIONS  OF  THIS SECTION SHALL APPLY WHEN A
 RESPONDENT IS PLACED ON OR AFTER SEPTEMBER  TWENTY-NINTH,  TWO  THOUSAND
 TWENTY-ONE  AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
 DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES  LAW,  AND
 WHOSE  CARE  AND  CUSTODY  WERE  TRANSFERRED  TO A LOCAL SOCIAL SERVICES
 DISTRICT IN ACCORDANCE WITH THIS PART.
   2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL  SOCIAL
 SERVICES  DISTRICT  PURSUANT TO THIS PART, SUCH SOCIAL SERVICES DISTRICT
 SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO  A  QUALI-
 FIED  RESIDENTIAL  TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED
 NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND  THE  ATTORNEYS  FOR
 THE  PARTIES,  INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT
 NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION  TO  PLACE
 THE  RESPONDENT  IN  THE  QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE
 ACTUAL DATE THE PLACEMENT CHANGE OCCURRED,  WHICHEVER  IS  SOONER.  SUCH
 NOTICE  SHALL  INDICATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN
 PLACEMENT IS ANTICIPATED TO OCCUR  OR  THE  DATE  THE  PLACEMENT  CHANGE
 OCCURRED,  AS  APPLICABLE.  PROVIDED,  HOWEVER,  IF SUCH NOTICE LISTS AN
 ANTICIPATED DATE FOR THE PLACEMENT CHANGE,  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT  SHALL  SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR THE
 PARTIES, INCLUDING THE ATTORNEY FOR THE  RESPONDENT,  OF  THE  DATE  THE
 PLACEMENT  CHANGE  OCCURRED;  SUCH  NOTICE SHALL OCCUR NO LATER THAN ONE
 BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
   (B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  A  LOCAL
 SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART RESIDES IN A QUAL-
 IFIED  RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED
 NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH  RESPONDENT'S  INITIAL
 PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
 TY-ONE,  UPON  RECEIPT  OF  NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES  DISTRICT,  THE
 COURT  SHALL  MAKE  AN ASSESSMENT AND DETERMINATION ON SUCH PLACEMENT IN
 ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW  TO THE CONTRARY, SUCH ASSESSMENT AND DETERMI-
 NATION SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE  PLACEMENT
 OF  THE  RESPONDENT  IN  THE  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM
 COMMENCED.
   3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF  A  RESPONDENT
 REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM, THE COURT SHALL:
   (I)  CONSIDER  THE ASSESSMENT, DETERMINATION AND DOCUMENTATION MADE BY
 THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF  THE
 SOCIAL SERVICES LAW;
   (II)  DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH
 PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF  THE
 RESPONDENT  IN  THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
 MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT  IN  THE
 LEAST RESTRICTIVE ENVIRONMENT, WHETHER PLACEMENT IN AN ALTERNATIVE QUAL-
 IFIED RESIDENTIAL TREATMENT PROGRAM WOULD BE MORE APPROPRIATE AND WHETH-
 ER  THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS
 FOR THE RESPONDENT AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN;
   (III) CONSIDER ANY  RELEVANT  INFORMATION  OR  DOCUMENTATION  THAT  IS
 NECESSARY  TO  MAKE  A  DETERMINATION,  INCLUDING  ANY  SUCH INFORMATION

 A. 3006--B                         41
 
 PROVIDED BY AN AUTHORIZED  AGENCY  AS  DEFINED  IN  SUBDIVISION  TEN  OF
 SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW; AND
   (IV) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUALI-
 FIED  RESIDENTIAL  TREATMENT PROGRAM. PROVIDED THAT, WHERE THE QUALIFIED
 INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN THE QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE IN ACCORDANCE WITH
 THE ASSESSMENT REQUIRED PURSUANT TO SECTION FOUR HUNDRED NINE-H  OF  THE
 SOCIAL SERVICES LAW, THE COURT MAY APPROVE THE PLACEMENT OF THE RESPOND-
 ENT  IN  THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF THE COURT FINDS,
 AND STATES IN THE WRITTEN ORDER THAT:
   (A) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT  CAN  MEET  THE
 RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (B)  THAT  IT WOULD BE CONTRARY TO THE WELFARE OF THE RESPONDENT TO BE
 PLACED IN A LESS RESTRICTIVE SETTING AND THAT CONTINUED PLACEMENT IN THE
 QUALIFIED RESIDENTIAL PROGRAM IS IN THE RESPONDENT'S BEST INTEREST.
   (B) IF THE COURT DISAPPROVES THE PLACEMENT OF THE CHILD IN THE  QUALI-
 FIED  RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL, ON ITS OWN MOTION,
 DETERMINE A SCHEDULE FOR THE RETURN OF THE CHILD, CHANGE THE  AUTHORIZED
 AGENCY IN WHICH THE CHILD IS PLACED, OR DIRECT THE LOCAL SOCIAL SERVICES
 DISTRICT  OR  OFFICE  OF CHILDREN AND FAMILY SERVICES, AS APPLICABLE, TO
 MAKE SUCH OTHER ARRANGEMENTS FOR THE CHILD'S CARE  AND  WELFARE  IN  THE
 MOST  EFFECTIVE  AND  LEAST  RESTRICTIVE ENVIRONMENT AS THE FACTS OF THE
 CASE MAY ARISE. IF SUCH ALTERNATIVE ARRANGEMENTS INCLUDE A PLACEMENT  IN
 A  DIFFERENT  QUALIFIED  RESIDENTIAL TREATMENT PROGRAM, THE REQUIREMENTS
 INCLUDED IN THIS SECTION AND SECTION FOUR HUNDRED NINE-H OF  THE  SOCIAL
 SERVICES LAW SHALL BE SATISFIED FOR SUCH NEW PLACEMENT.
   (C)  NOTHING  HEREIN  SHALL  REQUIRE  THE  COURT  TO HOLD A HEARING TO
 CONDUCT SUCH ASSESSMENT AND DETERMINATION WHEN ALL PARTIES AGREE TO  THE
 PLACEMENT OF THE CHILD, AS LONG AS SUCH REVIEW IS COMPLETED WITHIN SIXTY
 DAYS OF THE INITIAL PLACEMENT OF THE CHILD.
   4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
   5.  NOTHING  IN  THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT
 THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH RESPONDENT,  INCLUD-
 ING  BUT  NOT  LIMITED  TO  THE RESPONDENT'S DISPOSITIONAL OR PERMANENCY
 HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY  DAYS  OF  THE
 START OF SUCH PLACEMENT.
   6. NOTWITHSTANDING ANY OTHER SECTION OF LAW TO THE CONTRARY, ANY CHILD
 PLACED  IN A SETTING PRIOR TO SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
 TY-ONE, WHICH IS SUBSEQUENTLY ACCREDITED TO BE A  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM  AS  DEFINED  IN  SECTION FOUR HUNDRED NINE-H OF THIS
 ARTICLE, SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF THIS  SECTION,  AND
 SUCH  PLACEMENT,  IF  INITIALLY  ELIGIBLE  FOR FUNDING TITLE IV-E OF THE
 FEDERAL SOCIAL SECURITY ACT, AS AMENDED, SHALL CONTINUE TO  BE  ELIGIBLE
 TO RECEIVE SUCH REIMBURSEMENT.
   §  8.  The  opening  paragraph of subdivision 5 of section 1017 of the
 family court act is designated paragraph (a) and a new paragraph (b)  is
 added to read as follows:
   (B)  WHEN  A  CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
 SIONER OF A LOCAL SOCIAL  SERVICES  DISTRICT  IN  ACCORDANCE  WITH  THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
 IN  SECTION  FOUR  HUNDRED  NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE
 SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT  IN  SUCH  PROGRAM
 COMMENCED  ON  OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-

 A. 3006--B                         42
 
 VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL
 MAKE AN ASSESSMENT AND DETERMINATION ON  SUCH  PLACEMENT  IN  ACCORDANCE
 WITH  SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS ARTICLE. NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH ASSESSMENT AND DETERMI-
 NATION  SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT
 OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   § 9. The opening paragraph of subdivision (j) of section 1055  of  the
 family court act is designated paragraph (i) and a new paragraph (ii) is
 added to read as follows:
   (II)  WHEN  A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
 SIONER OF A LOCAL SOCIAL  SERVICES  DISTRICT  IN  ACCORDANCE  WITH  THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
 IN  SECTION  FOUR  HUNDRED  NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE
 SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT  IN  SUCH  PROGRAM
 COMMENCED  ON  OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (I) OF THIS SUBDI-
 VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL
 MAKE AN ASSESSMENT AND DETERMINATION ON  SUCH  PLACEMENT  IN  ACCORDANCE
 WITH SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS PART. NOTWITHSTANDING ANY
 OTHER  PROVISION  OF  LAW  TO THE CONTRARY, SUCH ASSESSMENT AND DETERMI-
 NATION SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE  PLACEMENT
 OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   §  10.  The family court act is amended by adding a new section 1055-c
 to read as follows:
   §  1055-C. COURT APPROVAL OF  PLACEMENT  IN  A  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A
 CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO  THOUSAND  TWEN-
 TY-ONE  AND  RESIDES  IN  A  QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
 DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES  LAW,  AND
 WHOSE  CARE  AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL
 SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE.
   2. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
 IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL  TREATMENT
 PROGRAM, THE COURT SHALL:
   (A)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
 THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF  THE
 SOCIAL SERVICES LAW;
   (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
 MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD
 IN  THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFEC-
 TIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE  LEAST  RESTRIC-
 TIVE ENVIRONMENT, WHETHER PLACEMENT IN AN ALTERNATIVE QUALIFIED RESIDEN-
 TIAL  TREATMENT  PROGRAM  WOULD  BE  MORE  APPROPRIATE  AND WHETHER THAT
 PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR  THE
 CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN;
   (C)  CONSIDER ANY RELEVANT INFORMATION OR DOCUMENTATION THAT IS NECES-
 SARY TO MAKE A DETERMINATION, INCLUDING ANY SUCH INFORMATION PROVIDED BY
 AN AUTHORIZED AGENCY AS DEFINED IN  SUBDIVISION  TEN  OF  SECTION  THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;  AND
   (D)  APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, WHERE THE QUALIFIED  INDI-
 VIDUAL DETERMINES THAT THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESI-
 DENTIAL  TREATMENT  PROGRAM  IS  NOT  APPROPRIATE IN ACCORDANCE WITH THE
 ASSESSMENT REQUIRED PURSUANT TO  SECTION  FOUR  HUNDRED  NINE-H  OF  THE
 SOCIAL SERVICES LAW, THE COURT MAY APPROVE THE PLACEMENT OF THE CHILD IN

 A. 3006--B                         43
 
 THE  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM  IF THE COURT FINDS, AND
 STATES IN THE WRITTEN ORDER THAT:
   (I)  THERE  IS  NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
 CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (II) THAT CONTINUED PLACEMENT IN THE QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM IS IN THE CHILD'S BEST INTEREST.
   3.  IF  THE COURT DISAPPROVES THE PLACEMENT OF THE CHILD IN THE QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL, ON ITS OWN  MOTION,
 DETERMINE  A SCHEDULE FOR THE RETURN OF THE CHILD, CHANGE THE AUTHORIZED
 AGENCY IN WHICH THE CHILD IS PLACED, OR DIRECT THE LOCAL SOCIAL SERVICES
 DISTRICT OR OFFICE OF CHILDREN AND FAMILY SERVICES,  AS  APPLICABLE,  TO
 MAKE  SUCH  OTHER  ARRANGEMENTS  FOR THE CHILD'S CARE AND WELFARE IN THE
 MOST EFFECTIVE AND LEAST RESTRICTIVE ENVIRONMENT AS  THE  FACTS  OF  THE
 CASE  MAY ARISE. IF SUCH ALTERNATIVE ARRANGEMENTS INCLUDE A PLACEMENT IN
 A DIFFERENT QUALIFIED RESIDENTIAL TREATMENT  PROGRAM,  THE  REQUIREMENTS
 INCLUDED  IN  THIS SECTION AND SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
 SERVICES LAW SHALL BE SATISFIED FOR SUCH NEW PLACEMENT.
   4. NOTHING HEREIN SHALL REQUIRE THE COURT TO HOLD A HEARING TO CONDUCT
 SUCH ASSESSMENT AND DETERMINATION WHEN ALL PARTIES AGREE TO  THE  PLACE-
 MENT OF THE CHILD, AS LONG AS SUCH REVIEW IS COMPLETED WITHIN SIXTY DAYS
 OF THE INITIAL PLACEMENT OF THE CHILD.
   5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
   6.  NOTHING  IN  THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT
 THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT
 NOT LIMITED TO THE CHILD'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED
 SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACE-
 MENT.
   7. NOTWITHSTANDING ANY OTHER SECTION OF LAW TO THE CONTRARY, ANY CHILD
 PLACED IN A SETTING PRIOR TO SEPTEMBER TWENTY-NINTH, TWO THOUSAND  TWEN-
 TY-ONE,  WHICH  IS SUBSEQUENTLY ACCREDITED TO BE A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM AS DEFINED IN  SECTION  FOUR  HUNDRED  NINE-H  OF  THE
 SOCIAL  SERVICES  LAW,  SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF THIS
 SECTION, AND SUCH PLACEMENT, IF INITIALLY  ELIGIBLE  FOR  FUNDING  TITLE
 IV-E  OF  THE FEDERAL SOCIAL SECURITY ACT, AS AMENDED, SHALL CONTINUE TO
 BE ELIGIBLE TO RECEIVE SUCH REIMBURSEMENT.
   § 11. Clause (C) of subparagraph (ix) of paragraph  5  of  subdivision
 (c)  of  section 1089 of the family court act, as added by section 27 of
 part A of chapter 3 of the laws of 2005, is amended, and a new paragraph
 6 is added to read as follows:
   (C) if the child is over age fourteen and has voluntarily withheld his
 or her consent to an adoption, the facts and circumstances regarding the
 child's decision to withhold consent and the reasons therefor[.]; AND
   (6) WHERE THE CHILD REMAINS PLACED IN A QUALIFIED  RESIDENTIAL  TREAT-
 MENT  PROGRAM,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
 SERVICES LAW, THE COMMISSIONER OF  THE  SOCIAL  SERVICES  DISTRICT  WITH
 LEGAL CUSTODY OF THE CHILD SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEAR-
 ING WITH RESPECT TO THE CHILD:
   (I)  DEMONSTRATING  THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
 OF THE CHILD CONTINUES TO SUPPORT THE DETERMINATION THAT  THE  NEEDS  OF
 THE  CHILD CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT
 THE PLACEMENT IN THE QUALIFIED RESIDENTIAL  TREATMENT  PROGRAM  PROVIDES
 THE  MOST  EFFECTIVE  AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE
 LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH

 A. 3006--B                         44
 
 THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS  SPECIFIED  IN  THE
 CHILD'S PERMANENCY PLAN;
   (II)  DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE
 MET FOR THE CHILD IN THE PLACEMENT AND THE LENGTH OF TIME THE  CHILD  IS
 EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
   (III)  DOCUMENTING  THE  EFFORTS  MADE  BY  THE  LOCAL SOCIAL SERVICES
 DISTRICT TO PREPARE THE CHILD TO RETURN HOME, OR TO BE PLACED WITH A FIT
 AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A  FOSTER
 FAMILY HOME.
   §  12.  The  opening  paragraph of clause (H) of subparagraph (vii) of
 paragraph 2 of subdivision (d) of section 1089 of the family  court  act
 is designated item (I) and a new item (II) is added to read as follows:
   (II)  WHEN  A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
 SIONER OF A LOCAL SOCIAL  SERVICES  DISTRICT  IN  ACCORDANCE  WITH  THIS
 SECTION  RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED
 IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW AND WHERE SUCH
 CHILD'S INITIAL  PLACEMENT  OR  CHANGE  IN  PLACEMENT  IN  SUCH  PROGRAM
 COMMENCED  ON  OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO ITEM (I) OF THIS CLAUSE  AND
 MOTION  OF  THE  LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL MAKE AN
 ASSESSMENT AND  DETERMINATION  ON  SUCH  PLACEMENT  IN  ACCORDANCE  WITH
 SECTION THREE HUNDRED NINETY-THREE OF THE SOCIAL SERVICES LAW OR SECTION
 ONE  THOUSAND  FIFTY-FIVE-C,  ONE  THOUSAND NINETY-ONE-A OR ONE THOUSAND
 NINETY-SEVEN OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
 TO THE CONTRARY, SUCH ASSESSMENT AND DETERMINATION SHALL OCCUR NO  LATER
 THAN  SIXTY  DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   § 13. The family court act is amended by adding a new  section  1091-a
 to read as follows:
   § 1091-A. COURT  APPROVAL  OF  PLACEMENT  IN  A  QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN  A
 FORMER  FOSTER  CARE YOUTH IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH,
 TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED  RESIDENTIAL  TREAT-
 MENT  PROGRAM,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
 SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE  TRANSFERRED  TO  A  LOCAL
 SOCIAL  SERVICES  DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
 IN ACCORDANCE WITH THIS ARTICLE.
   2. (A) WHEN A FORMER FOSTER CARE YOUTH IS IN THE CARE AND CUSTODY OF A
 LOCAL SOCIAL SERVICES DISTRICT OR THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  PURSUANT  TO  THIS  ARTICLE,  SUCH SOCIAL SERVICES DISTRICT OR
 OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE FORMER FOSTER  CARE
 YOUTH  INTO  A  QUALIFIED  RESIDENTIAL  TREATMENT PROGRAM, AS DEFINED IN
 SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND
 THE ATTORNEYS FOR THE PARTIES, INCLUDING THE  ATTORNEY  FOR  THE  FORMER
 FOSTER  CARE  YOUTH,  FORTHWITH,  BUT  NOT  LATER  THAN ONE BUSINESS DAY
 FOLLOWING EITHER THE DECISION TO PLACE THE FORMER FOSTER CARE  YOUTH  IN
 THE  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM  OR  THE ACTUAL DATE THE
 PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL  INDI-
 CATE  THE  DATE  THAT  THE  INITIAL  PLACEMENT OR CHANGE IN PLACEMENT IS
 ANTICIPATED TO OCCUR OR THE  DATE  THE  PLACEMENT  CHANGE  OCCURRED,  AS
 APPLICABLE.  PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE
 FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT  OR  OFFICE
 SHALL  SUBSEQUENTLY  NOTIFY  THE  COURT  AND  ATTORNEYS FOR THE PARTIES,
 INCLUDING THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, OF THE DATE THE
 PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR  NO  LATER  THAN  ONE
 BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.

 A. 3006--B                         45

   (B)  WHEN  A  FORMER  FOSTER CARE YOUTH WHOSE LEGAL CUSTODY WAS TRANS-
 FERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND
 FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE RESIDES IN  A  QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H
 OF  THE  SOCIAL  SERVICES LAW, AND WHERE SUCH FORMER FOSTER CARE YOUTH'S
 INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM  COMMENCED  ON  OR  AFTER SEPTEMBER TWENTY-NINTH, TWO
 THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT  TO  PARA-
 GRAPH  (A)  OF  THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES
 DISTRICT, THE COURT SHALL MAKE AN ASSESSMENT AND DETERMINATION  ON  SUCH
 PLACEMENT IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH ASSESSMENT AND
 DETERMINATION  SHALL  OCCUR  NO  LATER THAN SIXTY DAYS FROM THE DATE THE
 PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE  QUALIFIED  RESIDENTIAL
 TREATMENT PROGRAM COMMENCED.
   3.  WITHIN  SIXTY  DAYS OF THE START OF A PLACEMENT OF A FORMER FOSTER
 CARE YOUTH REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A  QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL:
   (A)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
 THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF  THE
 SOCIAL SERVICES LAW;
   (B) DETERMINE WHETHER THE NEEDS OF THE FORMER FOSTER CARE YOUTH CAN BE
 MET  THROUGH  PLACEMENT  IN  A  FOSTER  FAMILY HOME AND, IF NOT, WHETHER
 PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM  PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF
 CARE FOR THE FORMER FOSTER CARE YOUTH IN THE LEAST RESTRICTIVE  ENVIRON-
 MENT,  WHETHER  PLACEMENT IN AN ALTERNATIVE QUALIFIED RESIDENTIAL TREAT-
 MENT PROGRAM WOULD BE MORE APPROPRIATE AND  WHETHER  THAT  PLACEMENT  IS
 CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE FORMER FOSTER
 CARE  YOUTH,  AS  SPECIFIED IN THE FORMER FOSTER CARE YOUTH'S PERMANENCY
 PLAN;
   (C) CONSIDER ANY RELEVANT INFORMATION OR DOCUMENTATION THAT IS  NECES-
 SARY TO MAKE A DETERMINATION, INCLUDING ANY SUCH INFORMATION PROVIDED BY
 AN  AUTHORIZED  AGENCY  AS  DEFINED  IN SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;  AND
   (D) APPROVE OR DISAPPROVE THE PLACEMENT  OF  THE  FORMER  FOSTER  CARE
 YOUTH  IN  THE  QUALIFIED  RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT,
 WHERE THE QUALIFIED INDIVIDUAL DETERMINES  THAT  THE  PLACEMENT  OF  THE
 FORMER  FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 IS NOT APPROPRIATE IN ACCORDANCE WITH THE ASSESSMENT  REQUIRED  PURSUANT
 TO SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY
 APPROVE  THE  PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM IF THE COURT  FINDS,  AND  STATES  IN  THE
 WRITTEN ORDER THAT:
   (I)  THERE  IS  NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
 FORMER FOSTER CARE YOUTH'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (II) THAT CONTINUED PLACEMENT IN THE QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM IS IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST.
   4.  IF  THE COURT DISAPPROVES THE PLACEMENT OF THE CHILD IN THE QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL, ON ITS OWN  MOTION,
 DETERMINE  A SCHEDULE FOR THE RETURN OF THE CHILD, CHANGE THE AUTHORIZED
 AGENCY IN WHICH THE CHILD IS PLACED, OR DIRECT THE LOCAL SOCIAL SERVICES
 DISTRICT OR OFFICE OF CHILDREN AND FAMILY SERVICES,  AS  APPLICABLE,  TO
 MAKE  SUCH  OTHER  ARRANGEMENTS  FOR THE CHILD'S CARE AND WELFARE IN THE
 MOST EFFECTIVE AND LEAST RESTRICTIVE ENVIRONMENT AS  THE  FACTS  OF  THE
 CASE  MAY ARISE. IF SUCH ALTERNATIVE ARRANGEMENTS INCLUDE A PLACEMENT IN

 A. 3006--B                         46
 
 A DIFFERENT QUALIFIED RESIDENTIAL TREATMENT  PROGRAM,  THE  REQUIREMENTS
 INCLUDED  IN  THIS SECTION AND SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
 SERVICES LAW SHALL BE SATISFIED FOR SUCH NEW PLACEMENT.
   5. NOTHING HEREIN SHALL REQUIRE THE COURT TO HOLD A HEARING TO CONDUCT
 SUCH  ASSESSMENT  AND DETERMINATION WHEN ALL PARTIES AGREE TO THE PLACE-
 MENT OF THE CHILD, AS LONG AS SUCH REVIEW IS COMPLETED WITHIN SIXTY DAYS
 OF THE INITIAL PLACEMENT OF THE CHILD.
   6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE FORMER FOSTER CARE YOUTH'S CASE RECORD.
   7. NOTHING IN THIS SECTION SHALL PROHIBIT THE COURT'S  APPROVAL  OF  A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT
 THE  SAME  TIME AS ANOTHER HEARING SCHEDULED FOR SUCH FORMER FOSTER CARE
 YOUTH, INCLUDING BUT NOT LIMITED  TO  THE  FORMER  FOSTER  CARE  YOUTH'S
 DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED
 WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
   8. NOTWITHSTANDING ANY OTHER SECTION OF LAW TO THE CONTRARY, ANY CHILD
 PLACED  IN A SETTING PRIOR TO SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
 TY-ONE, WHICH IS SUBSEQUENTLY ACCREDITED TO BE A  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM  AS  DEFINED  IN  SECTION  FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW, SHALL NOT BE SUBJECT TO THE  REQUIREMENTS  OF  THIS
 SECTION,  AND  SUCH  PLACEMENT,  IF INITIALLY ELIGIBLE FOR FUNDING TITLE
 IV-E OF THE FEDERAL SOCIAL SECURITY ACT, AS AMENDED, SHALL  CONTINUE  TO
 BE ELIGIBLE TO RECEIVE SUCH REIMBURSEMENT.
   §  14. The family court act is amended by adding a new section 1097 to
 read as follows:
   § 1097. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL  TREAT-
 MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
 IS  PLACED  ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED  IN
 SECTION  FOUR  HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE
 AND CUSTODY WERE TRANSFERRED TO A  LOCAL  SOCIAL  SERVICES  DISTRICT  IN
 ACCORDANCE WITH THIS ARTICLE.
   2.  (A)  WHEN  A  CHILD  IS  IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
 SERVICES  DISTRICT  PURSUANT  TO  THIS  ARTICLE,  SUCH  SOCIAL  SERVICES
 DISTRICT  SHALL  REPORT  ANY  ANTICIPATED  PLACEMENT OF THE CHILD INTO A
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM,  AS  DEFINED  IN  SECTION  FOUR
 HUNDRED  NINE-H  OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTOR-
 NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE  CHILD,  FORTHWITH,
 BUT  NOT  LATER  THAN  ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO
 PLACE THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT  PROGRAM  OR  THE
 ACTUAL  DATE  THE  PLACEMENT  CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH
 NOTICE SHALL INDICATE THE DATE THAT THE INITIAL PLACEMENT OR  CHANGE  IN
 PLACEMENT  IS  ANTICIPATED  TO  OCCUR  OR  THE DATE THE PLACEMENT CHANGE
 OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER,  IF  SUCH  NOTICE  LISTS  AN
 ANTICIPATED  DATE  FOR  THE  PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES
 DISTRICT SHALL SUBSEQUENTLY NOTIFY  THE  COURT  AND  ATTORNEYS  FOR  THE
 PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE DATE THE PLACEMENT
 CHANGE  OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY
 FOLLOWING THE PLACEMENT CHANGE.
   (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL
 SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H
 OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT  OR
 CHANGE  IN  PLACEMENT  IN  SUCH  QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO  THOUSAND  TWENTY-ONE,
 UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-

 A. 3006--B                         47
 
 VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL
 MAKE  AN  ASSESSMENT  AND  DETERMINATION ON SUCH PLACEMENT IN ACCORDANCE
 WITH SUBDIVISION  THREE  OF  THIS  SECTION.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW  TO  THE  CONTRARY, SUCH ASSESSMENT AND DETERMINATION
 SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF  THE
 CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
 IN  SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM, THE COURT SHALL:
   (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
 THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW;
   (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
 MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD
 IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST  EFFEC-
 TIVE  AND  APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRIC-
 TIVE ENVIRONMENT, WHETHER PLACEMENT IN AN ALTERNATIVE QUALIFIED RESIDEN-
 TIAL TREATMENT PROGRAM  WOULD  BE  MORE  APPROPRIATE  AND  WHETHER  THAT
 PLACEMENT  IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE
 CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY PLAN;
   (C) CONSIDER ANY RELEVANT INFORMATION OR DOCUMENTATION THAT IS  NECES-
 SARY TO MAKE A DETERMINATION, INCLUDING ANY SUCH INFORMATION PROVIDED BY
 AN  AUTHORIZED  AGENCY  AS  DEFINED  IN SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;  AND
   (D) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE  QUALIFIED
 RESIDENTIAL  TREATMENT PROGRAM. PROVIDED THAT, WHERE THE QUALIFIED INDI-
 VIDUAL DETERMINES THAT THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESI-
 DENTIAL TREATMENT PROGRAM IS NOT  APPROPRIATE  IN  ACCORDANCE  WITH  THE
 ASSESSMENT  REQUIRED  PURSUANT  TO  SECTION  FOUR  HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW, THE COURT MAY APPROVE THE PLACEMENT OF THE CHILD IN
 THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM  IF  THE  COURT  FINDS,  AND
 STATES IN THE WRITTEN ORDER THAT:
   (I)  THERE  IS  NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
 CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (II) THAT CONTINUED PLACEMENT IN THE QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM IS IN THE CHILD'S BEST INTEREST.
   4.  IF  THE COURT DISAPPROVES THE PLACEMENT OF THE CHILD IN THE QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL, ON ITS OWN  MOTION,
 DETERMINE  A SCHEDULE FOR THE RETURN OF THE CHILD, CHANGE THE AUTHORIZED
 AGENCY IN WHICH THE CHILD IS PLACED, OR DIRECT THE LOCAL SOCIAL SERVICES
 DISTRICT OR OFFICE OF CHILDREN AND FAMILY SERVICES,  AS  APPLICABLE,  TO
 MAKE  SUCH  OTHER  ARRANGEMENTS  FOR THE CHILD'S CARE AND WELFARE IN THE
 MOST EFFECTIVE AND LEAST RESTRICTIVE ENVIRONMENT AS  THE  FACTS  OF  THE
 CASE  MAY ARISE. IF SUCH ALTERNATIVE ARRANGEMENTS INCLUDE A PLACEMENT IN
 A DIFFERENT QUALIFIED RESIDENTIAL TREATMENT  PROGRAM,  THE  REQUIREMENTS
 INCLUDED  IN  THIS SECTION AND SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
 SERVICES LAW SHALL BE SATISFIED FOR SUCH NEW PLACEMENT.
   5. NOTHING HEREIN SHALL REQUIRE THE COURT TO HOLD A HEARING TO CONDUCT
 SUCH ASSESSMENT AND DETERMINATION WHEN ALL PARTIES AGREE TO  THE  PLACE-
 MENT OF THE CHILD, AS LONG AS SUCH REVIEW IS COMPLETED WITHIN SIXTY DAYS
 OF THE INITIAL PLACEMENT OF THE CHILD.
   6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
   7.  NOTHING  IN  THIS SECTION SHALL PROHIBIT THE COURT'S APPROVAL OF A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT
 THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT

 A. 3006--B                         48
 
 NOT LIMITED TO THE CHILD'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED
 SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACE-
 MENT.
   8. NOTWITHSTANDING ANY OTHER SECTION OF LAW TO THE CONTRARY, ANY CHILD
 PLACED  IN A SETTING PRIOR TO SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
 TY-ONE, WHICH IS SUBSEQUENTLY ACCREDITED TO BE A  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM  AS  DEFINED  IN  SECTION  FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW, SHALL NOT BE SUBJECT TO THE  REQUIREMENTS  OF  THIS
 SECTION,  AND  SUCH  PLACEMENT,  IF INITIALLY ELIGIBLE FOR FUNDING TITLE
 IV-E OF THE FEDERAL SOCIAL SECURITY ACT, AS AMENDED, SHALL  CONTINUE  TO
 BE ELIGIBLE TO RECEIVE SUCH REIMBURSEMENT.
   §  15.  The  office of children and family services beginning one year
 after the effective date of this  act  and  annually  thereafter,  shall
 provide  a  report  to  the  governor,  the speaker of the assembly, the
 temporary president of the senate, and the chairpersons of the  assembly
 and  senate children and families committees which shall include but not
 be limited to the following information:
   a. the total number of youths placed in a qualified residential treat-
 ment program whose placement was ultimately determined to be inappropri-
 ate, requiring an alternative  placement,  detailing  which  alternative
 placement was utilized;
   b. the total number of youths placed in a qualified residential treat-
 ment  program  whose placement was ultimately determined to be appropri-
 ate;
   c. the total number of youths placed in a foster family home or with a
 kinship relative and whether they remained in such placement at the  end
 of the year;
   d.  the  total  number  of foster parents and kinship relatives in the
 state at the end of the  year,  including  whether  such  number  is  an
 increase or decrease from the previous year;
   e.  the  assistance  the  state has provided the local social services
 districts in recruiting and retaining foster and  kinship  families,  as
 well as any recommendations to improve recruitment and retention rates;
   f.  the amount of preventive funding invested by local social services
 district per year, and whether such funding is an increase  or  decrease
 from the previous year; and
   g.  any other information the office deems appropriate to evaluate the
 effectiveness of the  implementation  of  the  family  first  prevention
 services act.
   §  16.  Severability.  If  any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion  to be invalid and after exhaustion of all further judicial review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of, but shall be confined in its  operation  to  the  clause,  sentence,
 paragraph,  section or part of this act directly involved in the contro-
 versy in which the judgment shall have been rendered.
   § 17. This act shall take effect September 29, 2021; provided,  howev-
 er, that:
   (a) notwithstanding any other provision of law, provisions in this act
 shall  not  take  effect  unless  and  until the state title IV-E agency
 submits to the United States Department of Health  and  Human  Services,
 Administration  for  Children,  Youth  and Families, an amendment to the
 title IV-E state plan and the United States  Department  of  Health  and
 Human Services, Administration for Children, Youth and Families approves
 said title IV-E state plan amendment regarding when a child is placed in
 a  qualified  residential treatment program in relation to the following

 A. 3006--B                         49
 
 components: (1) the qualified individual and the  establishment  of  the
 assessment by the qualified individual to be completed prior to or with-
 in  30-days  of the child's placement as established by section three of
 this act; (2) the 60 day court reviews, including the ability to conduct
 at  the  same time as another hearing scheduled for the child, as estab-
 lished by sections one, two, four,  seven,  eight,  nine,  ten,  twelve,
 thirteen  and  fourteen of this act; and (3) permanency hearing require-
 ments as established by sections five, six and eleven of this act;
   (b) the office of children and family services shall inform the legis-
 lative bill drafting commission upon the occurrence  of  the  submission
 set  forth  in  subdivision (a) of this section and any approval related
 thereto in order that the commission may maintain an effective and time-
 ly database of the official texts of the laws of New York in furtherance
 of effectuating the provisions of section 44 of the legislative law  and
 section 70-b of the public officers law;
   (c)  for  the  purposes  of this act, the term "placement" shall refer
 only to placements made on or after the effective date of the Title IV-E
 state plan to establish the 30-day assessment, 60-day court  review  and
 permanency  hearing  requirements set forth in this act that occur on or
 after its effective date; and
   (d) the office of children and family services and the office of court
 administration are hereby authorized to promulgate such rules and  regu-
 lations  on  an  emergency  basis  as  may be necessary to implement the
 provisions of this act on or before such effective date.
 
                                  PART M
 
                           Intentionally Omitted
 
                                  PART N
 
                           Intentionally Omitted
 
                                  PART O
 
   Section 1. Notwithstanding any other provision of law to the contrary,
 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,  2022.  Within  this  total  amount,
 $150,000  shall be used for the purpose of entering into a contract with
 the neighborhood preservation coalition to provide technical  assistance
 and  services  to companies funded pursuant to article 16 of the private
 housing finance law.  Notwithstanding any other provision  of  law,  and
 subject  to  the  approval of the New York state director of the budget,
 the board of directors of the state of New York  mortgage  agency  shall
 authorize  the  transfer  to the housing trust fund corporation, for the
 purposes of reimbursing any costs associated with neighborhood preserva-
 tion 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 2020-2021 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

 A. 3006--B                         50
 
 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, 2021.
   § 2. Notwithstanding any other provision of law to the  contrary,  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, 2022. Within this total amount, $150,000 shall be  used
 for  the  purpose  of  entering  into  a contract with the rural housing
 coalition to provide technical  assistance  and  services  to  companies
 funded  pursuant  to  article  16  of  the  private housing finance law.
 Notwithstanding any other provision of law, and subject to the  approval
 of  the New York state director of the budget, the board of directors of
 the state of New York mortgage agency shall authorize  the  transfer  to
 the  housing trust fund corporation, for the purposes of reimbursing any
 costs associated with rural preservation program contracts authorized by
 this section, a total sum not to exceed $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 2020-2021 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, 2021.
   §  3.  Notwithstanding any other provision of law to the contrary, the
 homeless housing and assistance corporation may  provide,  for  services
 and  expenses  related  to  homeless  housing  and preventative services
 programs including but not limited to  the  New  York  state  supportive
 housing program, the solutions to end homelessness program or the opera-
 tional  support for AIDS housing program, or to qualified grantees under
 such programs, in accordance with the requirements of such  programs,  a
 sum not to exceed $45,181,000 for the fiscal year ending March 31, 2022.
 The homeless housing and assistance corporation may enter into an agree-
 ment  with the office of temporary and disability assistance to adminis-
 ter such sum in accordance  with  the  requirements  of  such  programs.
 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 homeless housing and assistance corporation,  a  total  sum  not  to
 exceed  $45,181,000,  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 2020-2021 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

 A. 3006--B                         51
 
 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 practi-
 cable but no later than March 31, 2022.
   § 4. Notwithstanding any other provision of law to the  contrary,  the
 homeless housing and assistance corporation may provide, for purposes of
 reimbursing  New York city expenditures for adult shelters, a sum not to
 exceed $65,568,000 for the fiscal year ending March 31, 2022.   Notwith-
 standing  any  other  inconsistent provision of law, such funds shall be
 available for eligible costs incurred on or after January 1,  2021,  and
 before  January 1, 2022, that are otherwise reimbursable by the state on
 or after April 1, 2021, and that are claimed by  March  31,  2022.  Such
 reimbursement  shall constitute total state reimbursement for activities
 funded  herein  in  state  fiscal  year  2021-2022,  and  shall  include
 reimbursement for costs associated with a court mandated plan to improve
 shelter  conditions  for  medically  frail  persons and additional costs
 incurred as part of a plan to reduce over-crowding in  congregate  shel-
 ters.  The homeless housing and assistance corporation may enter into an
 agreement with the office of  temporary  and  disability  assistance  to
 administer  such  sum  in accordance with the laws, rules or regulations
 relating to public assistance and care or  the  administration  thereof.
 Notwithstanding  any other provision of law, and subject to the approval
 of the New York state director of the budget, and the  authorization  by
 the  members  of the state of New York housing finance agency, the state
 of New York housing finance agency shall transfer to the homeless  hous-
 ing  and  assistance corporation, a total sum not to exceed $65,568,000,
 such transfer to be made from excess funds of the housing finance  agen-
 cy,  not  pledged to the payment of the agency's outstanding bonds. Such
 transfer shall be made as soon as practicable but no  later  than  March
 31, 2022.
   §  5.  Notwithstanding any other provision of law to the contrary, the
 department of law may provide, for purposes of  a  homeowner  protection
 program  or to qualified grantees under such program, in accordance with
 the requirements of such program, a sum not to  exceed  $20,000,000  for
 the  fiscal  year  ending  March  31,  2022.  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 department of law, a
 total sum not to exceed $20,000,000, 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  insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency  for  the fiscal year 2020-2021 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  practi-
 cable, but no later than March 31, 2022.
   § 6. This act shall take effect immediately.
 
                                  PART P

 A. 3006--B                         52

   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  K  of  chapter  56  of  the  laws  of 2020, are amended to read as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$150.00] $152.00 for each month beginning on or after
 January first, two thousand [twenty] TWENTY-ONE.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$174.00] $176.00 for each month beginning on
 or after January first, two thousand [twenty] TWENTY-ONE.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$207.00] $210.00 for each month
 beginning on or after January first, two thousand [twenty] TWENTY-ONE.
   (d) for the period commencing January first, two thousand [twenty-one]
 TWENTY-TWO, 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-one] TWENTY-TWO, but prior to June thirtieth, two thou-
 sand [twenty-one] TWENTY-TWO, 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
 K of chapter 56 of the laws of 2020, are amended to read as follows:
   (a)  On and after January first, two thousand [twenty] TWENTY-ONE, for
 an eligible individual living  alone,  [$870.00]  $881.00;  and  for  an
 eligible couple living alone, [$1,279.00] $1,295.00.
   (b)  On and after January first, two thousand [twenty] TWENTY-ONE, for
 an eligible individual  living  with  others  with  or  without  in-kind
 income, [$806.00] $817.00; and for an eligible couple living with others
 with or without in-kind income, [$1,221.00] $1,237.00.
   (c)  On and after January first, two thousand [twenty] TWENTY-ONE, (i)
 for an eligible individual receiving family care, [$1,049.48]  $1,060.48
 if he or she is receiving such care in the city of New York or the coun-
 ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
 couple  receiving  family  care in the city of New York or the county of
 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
 in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
 ual receiving such care in any other county in  the  state,  [$1,011.48]
 $1,022.48;  and  (iv)  for an eligible couple receiving such care in any
 other county in the state, two times the amount set  forth  in  subpara-
 graph (iii) of this paragraph.
   (d)  On and after January first, two thousand [twenty] TWENTY-ONE, (i)
 for an  eligible  individual  receiving  residential  care,  [$1,218.00]
 $1,229.00 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, [$1,188.00] $1,199.00; 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.

 A. 3006--B                         53
 
   (e) On and after January first, two thousand [twenty] TWENTY-ONE,  (i)
 for   an   eligible  individual  receiving  enhanced  residential  care,
 [$1,477.00]  $1,488.00;  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-one] TWENTY-
 TWO but prior to June thirtieth, two thousand [twenty-one] TWENTY-TWO.
   § 3. This act shall take effect December 31, 2021.
 
                                  PART Q
 
   Section 1. Section 82 of the state finance law, as  added  by  chapter
 375 of the laws of 2018, is amended to read as follows:
   §  82. Gifts to food banks fund. 1. There is hereby established in the
 sole custody of the commissioner of taxation and finance a special  fund
 to  be known as the "gifts to food banks fund". Monies in the fund shall
 be kept separate from and not commingled with other funds  held  in  the
 sole custody of the commissioner of taxation and finance.
   2.  Such fund shall consist of all revenues received by the department
 of taxation and finance  pursuant  to  the  provisions  of  section  six
 hundred  twenty-five-a  of the tax law and all other money appropriated,
 credited, or transferred thereto from any other fund or source  pursuant
 to  law.  Nothing in this section shall prevent the state from receiving
 grants, gifts or bequests for the purposes of the  fund  as  defined  in
 this section and depositing them into the fund according to law.
   3.  Monies  of the fund shall, after appropriation by the legislature,
 be made available to the [office of temporary and disability assistance]
 DEPARTMENT OF HEALTH for grants to regional  food  banks,  organized  to
 serve  specific  regions of the state, that generally collect and redis-
 tribute food donations to organizations serving persons in need.  Monies
 shall  be  payable  from  the  fund  by the commissioner of taxation and
 finance on vouchers approved by the commissioner of [temporary and disa-
 bility assistance] HEALTH. The commissioner of [temporary and disability
 assistance] HEALTH shall promulgate rules and regulations necessary  for
 the distribution of such grants.
   4.  To  the  extent  practicable,  the  commissioner of [the office of
 temporary and disability assistance] HEALTH shall ensure that all monies
 received during a fiscal year are expended prior  to  the  end  of  that
 fiscal year.
   5.  On  or before the first day of February each year, the comptroller
 shall certify to the governor, temporary president of the senate, speak-
 er of the assembly, chair of the senate finance committee and  chair  of
 the  assembly ways and means committee, the amount of money deposited in
 the gifts to food banks fund during the preceding calendar year  as  the
 result  of revenue derived pursuant to section six hundred twenty-five-a
 of the tax law.
   6. On or before the first day of February each year, the  commissioner
 of  [the  office  of  temporary  and disability assistance] HEALTH shall
 provide a written report to  the  temporary  president  of  the  senate,
 speaker of the assembly, chair of the senate finance committee, chair of
 the  assembly ways and means committee, chair of the senate committee on
 social services, chair of the assembly social  services  committee,  and

 A. 3006--B                         54
 
 the  public.  Such  report shall include how the monies of the fund were
 utilized during the preceding calendar year and shall include:
   (a) the amount of money [dispersed] DISBURSED from the fund;
   (b) the recipients of awards from the fund;
   (c) the amount awarded to each recipient;
   (d) the purposes for which such awards were granted; and
   (e) a summary financial plan for such monies which shall include esti-
 mates of all receipts and all disbursements for the current and succeed-
 ing  fiscal  years,  along with the actual results from the prior fiscal
 year.
   § 2. This act shall take effect immediately.
 
                                  PART R
 
                           Intentionally Omitted
 
                                  PART S
 
                           Intentionally Omitted
 
                                  PART T
 
                           Intentionally Omitted
 
                                  PART U
 
   Section 1. Section 577 of the private housing finance law  is  amended
 by adding a new subdivision 2-a to read as follows:
   2-A.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA-
 RY, A PROJECT OF A HOUSING DEVELOPMENT FUND COMPANY MANAGED OR  OPERATED
 BY A COMPANY INCORPORATED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW
 AND  THIS ARTICLE, THAT HAS ENTERED INTO A REGULATORY AGREEMENT WITH THE
 COMMISSIONER OR SUPERVISORY AGENCY  PURSUANT  TO  SECTION  FIVE  HUNDRED
 SEVENTY-SIX  OF  THIS ARTICLE SHALL BE EXEMPT FROM THE SALES AND COMPEN-
 SATING USE TAXES IMPOSED PURSUANT TO ARTICLE TWENTY-EIGHT OR TWENTY-NINE
 OF THE TAX LAW, AND SUCH TAX EXEMPTION SHALL CONTINUE ONLY  SO  LONG  AS
 SUCH AGREEMENT IS IN FORCE AND EFFECT.
   §  2.  This  act  shall  take  effect  immediately  and shall apply to
 projects that entered into regulatory agreements pursuant to section 576
 of the private housing finance law on or after January 1, 2020.

                                  PART V
 
                           Intentionally Omitted
 
                                  PART W
 
                           Intentionally Omitted
 
                                  PART X
 
                           Intentionally Omitted
 
                                  PART Y
 
                           Intentionally Omitted

 A. 3006--B                         55
 
                                  PART Z
 
   Section  1.  This part enacts into law major components of legislation
 which are related to standardizing child care copayments.   Each  compo-
 nent  is  wholly contained within a Subpart identified as Subparts A and
 B.  The effective date for each particular  provision  contained  within
 such  Subpart  is  set  forth  in  the last section of such Subpart. Any
 provision in any section  contained  within  a  Subpart,  including  the
 effective  date  of  the  Subpart, which makes 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
 Subpart in which it is found.    Section  two  contains  a  severability
 clause  for  all  provisions  contained  in  each  subpart of this Part.
 Section three of this act sets forth the general effective date of  this
 Part.
 
                                 SUBPART A
 
   Section  1. Subdivision 6 of section 410-x 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:
   6.  Pursuant to department regulations, child care assistance shall be
 provided on a sliding fee basis based upon the family's ability to  pay.
 THE  LOCAL SOCIAL SERVICES DISTRICT SHALL NOT REQUIRE A FAMILY RECEIVING
 CHILD CARE ASSISTANCE PURSUANT TO THIS TITLE  TO  CONTRIBUTE  MORE  THAN
 TWENTY  PERCENT  OF  THE  AMOUNT  OF  THEIR INCOME EXCEEDING THE POVERTY
 LEVEL.
   § 2. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.
 
                                 SUBPART B
 
                           Intentionally Omitted
 
   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part contained in any subpart 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
 by confined in its operation to the clause, sentence, paragraph,  subdi-
 vision,  section  or  part  contained  in  any  subpart thereof directly
 involved in the controversy in  which  such  judgment  shall  have  been
 rendered. It is hereby declared to be the intent of the legislature that
 this act would have been enacted even if such invalid provisions had not
 been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A and B of this act  shall  be
 as specifically set forth in the last section of such Subparts.
 
                                  PART AA
 
   Section 1. Legislative findings and intent. The legislature finds that
 the  transition  to  the green economy and creating good paying jobs are
 not mutually exclusive priorities for New York State. In order  to  make
 this transition and achieve the ambitious goals set forth in the Climate
 Leadership  and  Community Protection Act, a clear focus on prioritizing
 renewable energy sources is necessary. However,  the  workers  who  will

 A. 3006--B                         56
 
 build, operate and maintain the infrastructure of the green economy must
 not  be left behind. Setting clear standards for job quality will ensure
 the creation of good jobs, protect workers in the ongoing transition  of
 our  energy sector, and result in positive economic impacts. In addition
 to workers engaged directly in the renewable energy sector, New  Yorkers
 have  experienced  widespread  unemployment  as a result of the COVID-19
 pandemic. New manufacturing  and  supply  chain  jobs  are  a  necessary
 element of any pandemic recovery.  Due to such findings, the legislature
 hereby  declares  that  the  mandate of prevailing wage or project labor
 agreements for  construction  work  performed  in  connection  with  the
 installation of renewable energy systems, labor peace involved with such
 systems,  and  the  buy  American  preference provided in this bill will
 ensure that workers are central to New York State's  transition  to  the
 green economy and its pandemic recovery plan.
   §  2.  Paragraph b of subdivision 4 of section 224-a of the labor law,
 as added by section 1 of part FFF of chapter 58 of the laws of 2020,  is
 amended to read as follows:
   b.  Construction work performed under a contract with a not-for-profit
 corporation as defined in section one hundred two of the  not-for-profit
 corporation  law,  other than a not-for-profit corporation formed exclu-
 sively for the purpose of  holding  title  to  property  and  collecting
 income  thereof  or  any public entity as defined in this section, where
 the not-for-profit corporation has gross annual revenue and support less
 than five million dollars;
   § 3. The labor law is amended by adding a new section 224-d to read as
 follows:
   § 224-D. PREVAILING WAGE FOR COVERED RENEWABLE ENERGY SYSTEMS.  1. FOR
 PURPOSES OF THIS SECTION, A "COVERED RENEWABLE ENERGY  SYSTEM"  MEANS  A
 RENEWABLE  ENERGY SYSTEM, AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-P
 OF THE PUBLIC SERVICE LAW, WITH A CAPACITY OF AT  LEAST  FIVE  MEGAWATTS
 ALTERNATING  CURRENT  AND  WHICH  INVOLVES  THE PROCUREMENT OF RENEWABLE
 ENERGY CREDITS BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF AND
 FOR THE BENEFIT OF A PUBLIC ENTITY.
   2. FOR PURPOSES OF THIS SECTION, "PUBLIC ENTITY"  SHALL  INCLUDE,  BUT
 SHALL  NOT  BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT CORPORATION AS
 DEFINED IN SUBDIVISION EIGHT OF SECTION  EIGHTEEN  HUNDRED  ONE  OF  THE
 PUBLIC  AUTHORITIES  LAW  OR SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-
 FOR-PROFIT CORPORATION  LAW,  A  MUNICIPAL  CORPORATION  AS  DEFINED  IN
 SECTION  ONE  HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, AN INDUS-
 TRIAL DEVELOPMENT AGENCY FORMED PURSUANT TO ARTICLE  EIGHTEEN-A  OF  THE
 GENERAL  MUNICIPAL  LAW  OR  INDUSTRIAL  DEVELOPMENT  AUTHORITIES FORMED
 PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY  STATE,
 LOCAL  OR  INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION
 TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY  TRUST  CREATED
 BY ANY SUCH ENTITIES.
   3.  NOTWITHSTANDING PART FFF OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO
 THOUSAND TWENTY THAT ESTABLISHED PREVAILING WAGE FOR  CONSTRUCTION  WORK
 DONE  UNDER CONTRACT WHICH IS PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC
 FUNDS, A COVERED RENEWABLE ENERGY SYSTEM SHALL BE SUBJECT TO  PREVAILING
 WAGE REQUIREMENTS IN ACCORDANCE WITH SECTIONS TWO HUNDRED TWENTY AND TWO
 HUNDRED  TWENTY-B  OF  THIS  ARTICLE.  PROVIDED  THAT A RENEWABLE ENERGY
 SYSTEM DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW WHICH IS
 NOT CONSIDERED TO BE COVERED BY THIS SECTION,  MAY  STILL  OTHERWISE  BE
 DEEMED A "COVERED PROJECT" PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR-A
 OF THIS ARTICLE IF IT MEETS SUCH DEFINITION.

 A. 3006--B                         57
 
   4.  FOR  PURPOSES  OF  THIS SECTION, A COVERED RENEWABLE ENERGY SYSTEM
 SHALL EXCLUDE CONSTRUCTION WORK PERFORMED UNDER  A  PRE-HIRE  COLLECTIVE
 BARGAINING  AGREEMENT  BETWEEN  AN  OWNER  OR CONTRACTOR AND A BONA FIDE
 BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION WHICH HAS ESTABLISHED
 ITSELF,  AND/OR  ITS  AFFILIATES, AS THE COLLECTIVE BARGAINING REPRESEN-
 TATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON SUCH A SYSTEM, AND WHICH
 PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTI-
 ATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM WORK  ON  SUCH  A
 SYSTEM,  OR  CONSTRUCTION  WORK PERFORMED UNDER A LABOR PEACE AGREEMENT,
 PROJECT LABOR AGREEMENT, OR ANY OTHER CONSTRUCTION WORK PERFORMED  UNDER
 AN  ENFORCEABLE AGREEMENT BETWEEN AN OWNER OR CONTRACTOR AND A BONA FIDE
 BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION.
   5. FOR PURPOSES OF THIS SECTION, THE "FISCAL OFFICER" SHALL BE  DEEMED
 TO BE THE COMMISSIONER OF LABOR.  THE ENFORCEMENT OF ANY COVERED RENEWA-
 BLE  ENERGY  SYSTEM  PURSUANT  TO  THIS  SECTION SHALL BE SUBJECT TO THE
 REQUIREMENTS OF SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED  TWENTY-A,  TWO
 HUNDRED  TWENTY-B,  TWO  HUNDRED TWENTY-THREE, TWO HUNDRED TWENTY-FOUR-B
 AND TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER AND WITHIN THE JURISDICTION
 OF THE FISCAL OFFICER; PROVIDED,  HOWEVER,  NOTHING  CONTAINED  IN  THIS
 SECTION  SHALL BE DEEMED TO CONSTRUE ANY COVERED RENEWABLE ENERGY SYSTEM
 AS OTHERWISE BEING CONSIDERED PUBLIC WORK PURSUANT TO THIS ARTICLE.
   6. THE FISCAL OFFICER MAY ISSUE RULES AND  REGULATIONS  GOVERNING  THE
 PROVISIONS  OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS
 FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO  HUNDRED  TWENTY-B
 OF THIS ARTICLE.
   §  4.  Section 66-p of the public service law, as added by chapter 705
 of the laws of 2019, is renumbered section 66-q and a new  section  66-r
 is added to read as follows:
   §  66-R. RENEWABLE ENERGY PROJECTS; LABOR STANDARDS.  1. IN THE IMPLE-
 MENTATION OF SECTION SIXTY-SIX-P OF THIS ARTICLE, THE  COMMISSION  SHALL
 ENSURE  THAT  LABOR  AND  JOB STANDARDS ASSOCIATED WITH RENEWABLE ENERGY
 PROJECTS ARE PRIORITIZING THE CREATION OF GOOD PAYING JOBS AND  PROTECT-
 ING  ALL  WORKERS THROUGHOUT THE STATE IN ACCORDANCE WITH THE PROVISIONS
 OF THIS SECTION.
   2. FOR PURPOSES OF THIS SECTION, A "COVERED RENEWABLE  ENERGY  SYSTEM"
 MEANS  A  RENEWABLE  ENERGY  SYSTEM,  AS SUCH TERM IS DEFINED IN SECTION
 SIXTY-SIX-P OF THIS ARTICLE, WITH A CAPACITY OF AT LEAST FIVE  MEGAWATTS
 ALTERNATING  CURRENT  AND  WHICH  INVOLVES  THE PROCUREMENT OF RENEWABLE
 ENERGY CREDITS BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF AND
 FOR THE BENEFIT OF A PUBLIC ENTITY.
   3. FOR PURPOSES OF THIS SECTION, "PUBLIC ENTITY"  SHALL  INCLUDE,  BUT
 SHALL  NOT  BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT CORPORATION AS
 DEFINED IN SUBDIVISION EIGHT OF SECTION  EIGHTEEN  HUNDRED  ONE  OF  THE
 PUBLIC  AUTHORITIES  LAW  OR SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-
 FOR-PROFIT CORPORATION  LAW,  A  MUNICIPAL  CORPORATION  AS  DEFINED  IN
 SECTION  ONE  HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, AN INDUS-
 TRIAL DEVELOPMENT AGENCY FORMED PURSUANT TO ARTICLE  EIGHTEEN-A  OF  THE
 GENERAL  MUNICIPAL  LAW  OR  INDUSTRIAL  DEVELOPMENT  AUTHORITIES FORMED
 PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY  STATE,
 LOCAL  OR  INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION
 TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY  TRUST  CREATED
 BY ANY SUCH ENTITIES.
   4.  THE OWNER OF THE COVERED RENEWABLE ENERGY SYSTEM, OR A THIRD PARTY
 ACTING ON THE OWNER'S BEHALF, AS A CONDITION  OF  ANY  RENEWABLE  ENERGY
 CREDITS  AGREEMENT  WITH  A  PUBLIC ENTITY, MUST STIPULATE TO THE PUBLIC
 ENTITY THAT IT WILL ENTER INTO A LABOR PEACE AGREEMENT WITH AT LEAST ONE

 A. 3006--B                         58
 
 BONA FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
 ATTEMPTING TO REPRESENT EMPLOYEES WHO WILL PROVIDE NECESSARY  OPERATIONS
 AND  MAINTENANCE  SERVICES  FOR THE RENEWABLE ENERGY SYSTEM. THE MAINTE-
 NANCE  OF  SUCH  A  LABOR  PEACE  AGREEMENT SHALL BE AN ONGOING MATERIAL
 CONDITION OF ANY CONTINUATION OF PAYMENTS. FOR PURPOSES OF THIS  SECTION
 "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND A LABOR
 ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY INTER-
 ESTS  BY  PROHIBITING  LABOR  ORGANIZATIONS AND MEMBERS FROM ENGAGING IN
 PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFERENCE
 WITH THE RELEVANT RENEWABLE ENERGY SYSTEM.
   5. THE PUBLIC ENTITY SHALL REQUIRE A COVERED RENEWABLE ENERGY  SYSTEM,
 IN  EACH  OF ITS CONTRACTS FOR CONSTRUCTION, RECONSTRUCTION, ALTERATION,
 REPAIR, IMPROVEMENT OR MAINTENANCE, TO CONTAIN A PROVISION THAT THE IRON
 AND STRUCTURAL  STEEL  USED  OR  SUPPLIED  IN  THE  PERFORMANCE  OF  THE
 CONTRACT,  SHALL  BE,  WHEN  PRACTICABLE,  PRODUCED  OR MADE IN WHOLE OR
 SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS IN
 ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION ONE OF SECTION ONE HUNDRED
 FORTY-SIX OF THE STATE FINANCE LAW.
   6. WHENEVER CHANGES ARE PROPOSED TO  ANY  PUBLIC  PROCUREMENT  PROCESS
 INVOLVING   THE   PROGRAM   DESCRIBED  IN  SUBDIVISION  TWO  OF  SECTION
 SIXTY-SIX-P OF THIS ARTICLE,  THE  COMMISSION  SHALL  MAKE  SIMULTANEOUS
 RECOMMENDATIONS TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
 OF THE ASSEMBLY, REGARDING NECESSARY CHANGES TO THIS SECTION AND SECTION
 TWO HUNDRED TWENTY-FOUR-D OF THE LABOR LAW, IF ANY, IN MEETING THE GOALS
 OUTLINED  IN  THE  LEGISLATIVE FINDINGS AND INTENT OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY-ONE WHICH ADDED THIS SECTION.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, or section 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, or section thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 6. This act shall take effect on October 1, 2021 and shall apply  to
 any agreement which involves the procurement of renewable energy credits
 by  a public entity, or a third party acting on behalf and for the bene-
 fit of a public entity, for applicable renewable energy projects entered
 into on or after that date; provided, however, that section two of  this
 act shall take effect on the same date and in the same manner as section
 1 of part FFF of chapter 58 of the laws of 2020, takes effect.
 
                                  PART BB
 
   Section  1.  The  state finance law is amended by adding a new section
 99-ii to read as follows:
   § 99-II. EMERGENCY RENTAL ASSISTANCE  MUNICIPAL  RECIPIENT  ALLOCATION
 FUND.   1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE
 COMPTROLLER AND THE COMMISSIONER OF TAXATION AND  FINANCE  A  TRUST  AND
 AGENCY  FUND KNOWN AS THE "EMERGENCY RENTAL ASSISTANCE MUNICIPAL RECIPI-
 ENT ALLOCATION FUND".
   2.  MUNICIPAL CORPORATIONS AS DEFINED IN SECTION TWO  OF  THE  GENERAL
 MUNICIPAL  LAW  THAT  HAVE  RECEIVED FEDERAL ALLOCATIONS FROM THE UNITED
 STATES TREASURY FOR EMERGENCY RENTAL ASSISTANCE AUTHORIZED  PURSUANT  TO
 PUBLIC  LAW 116-260 AND CHOOSE TO PARTICIPATE IN THE STATEWIDE EMERGENCY

 A. 3006--B                         59
 
 RENTAL ASSISTANCE PROGRAM IN ACCORDANCE WITH TITLE THREE OF  THE  SOCIAL
 SERVICES  LAW  SHALL DEPOSIT SUCH FUNDS IN THE "EMERGENCY RENTAL ASSIST-
 ANCE MUNICIPAL RECIPIENT ALLOCATION FUND".
   3.  THE MONIES OF THE FUND SHALL BE  PAID,  WITHOUT  APPROPRIATION, TO
 PROVIDE AUTHORIZED BENEFITS TO ELIGIBLE  HOUSEHOLDS  OF  THE  RESPECTIVE
 MUNICIPAL  RECIPIENT  FROM WHICH MONIES WERE RECEIVED IN ACCORDANCE WITH
 SUBDIVISION TWO OF THIS SECTION.    PROVIDED  FURTHER,  ALL  SUCH  FUNDS
 DEPOSITED  BY  THE  MUNICIPAL  RECIPIENT  SHALL BE EXPENDED ONLY FOR THE
 BENEFIT OF SUCH MUNICIPALITY'S RESIDENTS.
   § 2. Article 2-A of the social services law is amended by  adding  two
 new titles 3 and 3-A to read as follows:
 
                                  TITLE 3
               STATEWIDE EMERGENCY RENTAL ASSISTANCE PROGRAM
 
 SECTION 46.  STATEWIDE EMERGENCY RENTAL ASSISTANCE PROGRAM.
   § 46. STATEWIDE EMERGENCY RENTAL ASSISTANCE PROGRAM. 1. THERE IS HERE-
 BY  ESTABLISHED THE STATEWIDE EMERGENCY RENTAL ASSISTANCE PROGRAM, HERE-
 INAFTER KNOWN AS "THE STATEWIDE PROGRAM." THE  STATEWIDE  PROGRAM  SHALL
 PROVIDE  BENEFITS  TO ELIGIBLE HOUSEHOLDS TO PREVENT EVICTIONS AND HOME-
 LESSNESS IN ACCORDANCE WITH THIS TITLE UTILIZING  FUNDS  MADE  AVAILABLE
 PURSUANT  TO SECTION NINETY-NINE-II OF THE STATE FINANCE LAW; PUBLIC LAW
 116-260; AND ANY OTHER FUNDS APPROPRIATED FOR THIS PURPOSE.  FUNDS SHALL
 BE EQUITABLY DISTRIBUTED  THROUGHOUT  THE  STATE,  BASED  ON  RESIDENTS'
 RENTAL  AND  ARREAR  NEEDS.  PROVIDED  HOWEVER,  NO LESS THAN SIXTY-FIVE
 PERCENT OF FUNDS PROVIDED FOR  EMERGENCY  RENTAL  ASSISTANCE  AUTHORIZED
 PURSUANT  TO PUBLIC LAW 116-260 SHALL BE ALLOCATED NO LATER THAN SEPTEM-
 BER THIRTIETH, TWO THOUSAND TWENTY-ONE.
   2. DEFINITIONS. THE FOLLOWING TERMS  SHALL HAVE THE FOLLOWING  MEANING
 WHEN USED IN THIS TITLE:
   (A)  "MUNICIPALITY"  SHALL  HAVE  THE SAME MEANING AS MUNICIPAL CORPO-
 RATION AS DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL LAW.
   (B) "MUNICIPAL RECIPIENT" SHALL  MEAN  A  MUNICIPALITY  THAT  RECEIVED
 FEDERAL FUNDING PURSUANT TO PUBLIC LAW 116-260.
   (C)  "RENT"  SHALL  HAVE  THE SAME MEANING AS DEFINED IN SECTION SEVEN
 HUNDRED TWO OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
   (D) "AT RISK OF HOMELESSNESS" SHALL INCLUDE  BUT  NOT  BE  LIMITED  TO
 INDIVIDUALS WITH:
   (I)  A PAST DUE UTILITY OR RENT NOTICE OR EVICTION NOTICE; (II) UNSAFE
 OR UNHEALTHY LIVING CONDITIONS; OR (III) ANY OTHER EVIDENCE OF SUCH RISK
 AS DETERMINED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.
   (E) "AGENCY THAT PRIMARILY ENFORCES IMMIGRATION  LAW"  SHALL  INCLUDE,
 BUT NOT BE LIMITED TO, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
 AND UNITED STATES CUSTOMS AND BORDER PROTECTION, AND ANY SUCCESSOR AGEN-
 CIES HAVING SIMILAR DUTIES.
   3. MUNICIPAL RECIPIENT PLANS. (A) EACH MUNICIPAL RECIPIENT THAT CHOOS-
 ES TO PARTICIPATE IN THE STATEWIDE PROGRAM SHALL BE REQUIRED TO SUBMIT A
 PLAN  FOR  APPROVAL TO THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
 AND THE DIVISION OF BUDGET IN ORDER TO ALSO   UTILIZE FUNDS  AWARDED  TO
 THE STATE PURSUANT TO PUBLIC LAW 116-260.
   (B)  EACH  PLAN  SHALL  BE IN ACCORDANCE WITH THE REQUIREMENTS OF THIS
 TITLE, AND SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) ELIGIBILITY  STAND-
 ARDS  IN ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION; (II) BENEFITS
 IN ACCORDANCE WITH  SUBDIVISION  SIX  OF  THIS  SECTION;  AND  (III)  AN
 OUTREACH AND ASSISTANCE PLAN IN ACCORDANCE WITH SUBDIVISION NINE OF THIS
 SECTION TO SUPPLEMENT THE STATE'S OUTREACH PLAN.

 A. 3006--B                         60
 
   (C)  EACH PLAN SHALL BE SUBMITTED WITHIN FIFTEEN DAYS OF THE EFFECTIVE
 DATE OF THIS TITLE. THE OFFICE IN  CONSULTATION  WITH  THE  DIVISION  OF
 BUDGET  SHALL REVIEW THE PLANS SUBMITTED AND, IN WRITING, EITHER APPROVE
 OR REQUEST ADDITIONAL INFORMATION WITHIN  TEN  DAYS  OF  SUBMISSION.  IN
 INSTANCES  WHERE THE OFFICE REQUESTS ADDITIONAL INFORMATION, THE MUNICI-
 PAL RECIPIENT SHALL WORK WITH THE  OFFICE  AND  PROVIDE  SUCH  NECESSARY
 MATERIALS WITHIN TWO DAYS OF THE REQUEST. AFTER REVIEWING THE ADDITIONAL
 INFORMATION  PROVIDED,  THE  OFFICE MAY EITHER APPROVE THE ORIGINAL PLAN
 THAT WAS SUBMITTED OR REQUEST  THAT  A  REVISED  COMPREHENSIVE  PLAN  BE
 SUBMITTED.  THE OFFICE SHALL WORK WITH THE MUNICIPAL RECIPIENT TO REVISE
 SUCH PLAN TO ENSURE IT IS CONSISTENT WITH THE REQUIREMENTS OF THIS TITLE
 AND PUBLIC LAW 116-260. THE REVISED PLAN SHALL BE SUBMITTED WITHIN  FIVE
 DAYS  OF THE REQUEST AND THE OFFICE SHALL APPROVE SUCH PLAN WITHIN THREE
 DAYS AFTER THE SUBMISSION. PROVIDED HOWEVER,    IN  ALL  CASES  WHERE  A
 MUNICIPAL  RECIPIENT COMPLIES WITH THE REQUIREMENTS OF THIS SUBDIVISION,
 THEIR PLAN SHALL BE APPROVED WITHIN THIRTY-FIVE DAYS  OF  THE  EFFECTIVE
 DATE OF THIS TITLE.
   (D)  UPON  APPROVAL  OF  THE PLAN, THE MUNICIPAL RECIPIENT SHALL REMIT
 THEIR ALLOCATION OF FUNDS PROVIDED UNDER PUBLIC LAW 116-260 TO THE EMER-
 GENCY RENTAL ASSISTANCE MUNICIPAL RECIPIENT  ALLOCATION FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-II OF THE STATE FINANCE LAW.    PROVIDED
 FURTHER,  AFTER A MUNICIPAL RECIPIENT RECEIVES APPROVAL, THEIR RESIDENTS
 SHALL BE ENTITLED TO BENEFIT FROM THE STATE ALLOCATION UNDER PUBLIC  LAW
 116-260 WITH EQUITABLE DISTRIBUTION OF SUCH STATE FUNDS ACROSS THE STATE
 BASED ON THE RESIDENTS' RENT AND ARREAR NEEDS.
   4. STATEWIDE PORTAL.(A) THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE,  IN  CONSULTATION  WITH  THE  DIVISION  OF  HOUSING  AND COMMUNITY
 RENEWAL, SHALL ESTABLISH, EITHER DIRECTLY OR THROUGH CONTRACT, A  STATE-
 WIDE  PORTAL TO ACCEPT AND PROCESS APPLICATIONS FOR ASSISTANCE UNDER THE
 STATEWIDE EMERGENCY RENTAL ASSISTANCE PROGRAM.
   (B) THE STATEWIDE PORTAL SHALL ACCEPT  AND  PROCESS  APPLICATIONS  FOR
 RESIDENTS  RESIDING IN MUNICIPALITIES  THAT CHOOSE TO PARTICIPATE IN THE
 STATEWIDE PROGRAM AS WELL AS RESIDENTS FROM MUNICIPALITIES THAT DID  NOT
 RECEIVE A FEDERAL ALLOCATION PURSUANT TO PUBLIC LAW 116-260.
   (C) THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ACCEPT AND
 MAKE DETERMINATIONS ON APPLICATIONS SUBMITTED TO THE STATEWIDE PORTAL ON
 A  ROLLING  BASIS,  NOT  TO  EXCEED TWENTY-ONE DAYS AT A TIME, TO ENSURE
 HOUSEHOLDS ACROSS THE STATE HAVE  EQUAL  ACCESS  TO  THE  PROGRAM.  SUCH
 DETERMINATIONS  SHALL  BE MADE IN ACCORDANCE WITH PRIORITIES ESTABLISHED
 PURSUANT TO PARAGRAPHS (A) AND (B) OF SUBDIVISION FIVE OF THIS SECTION.
   (D) THE  STATEWIDE  PORTAL  SHALL  ACCEPT  DOCUMENTATION  IN  MULTIPLE
 LANGUAGES,  INCLUDING ENGLISH, YIDDISH, BENGALI, ARABIC AND THE SIX MOST
 COMMON NON-ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH  LIMITED-ENGLISH
 PROFICIENCY  IN  THE STATE OF NEW YORK BASED ON THE UNITED STATES CENSUS
 DATA.
   (E) APPLICANTS SHALL BE ABLE TO TRACK THE STATUS OF THEIR  APPLICATION
 IN  REAL  TIME, AFTER SUCH APPLICATION HAS BEEN SUBMITTED.  FURTHERMORE,
 IF THE   APPLICANT IS A LANDLORD, THE TENANT FOR WHOM  SUCH  APPLICATION
 WAS SUBMITTED SHALL ALSO BE ABLE TO TRACK THE STATUS IN REAL TIME.
   (F) (I) ANY DOCUMENTATION PROVIDED TO THE STATEWIDE PORTAL OR COMMUNI-
 TY  BASED  ORGANIZATIONS  PURSUANT  TO  SUBDIVISION NINE OF THIS SECTION
 SHALL BE KEPT CONFIDENTIAL AND SHALL ONLY BE USED FOR  THE  PURPOSES  OF
 DETERMINING ELIGIBILITY FOR THE STATEWIDE PROGRAM UNDER THIS TITLE.
   (II)  ANY  PORTION  OF  ANY  RECORD  RETAINED  BY THE COMMISSIONERS IN
 RELATION TO AN APPLICATION PURSUANT TO  THIS  TITLE  THAT  CONTAINS  THE
 PHOTO  IMAGE OR IDENTIFIES THE SOCIAL SECURITY NUMBER, TELEPHONE NUMBER,

 A. 3006--B                         61

 PLACE OF BIRTH, COUNTRY OF ORIGIN, PLACE OF EMPLOYMENT, SCHOOL OR EDUCA-
 TIONAL INSTITUTION ATTENDED, SOURCE OF INCOME, STATUS AS A RECIPIENT  OF
 PUBLIC  BENEFITS,  THE  CUSTOMER IDENTIFICATION NUMBER ASSOCIATED WITH A
 PUBLIC  UTILITIES ACCOUNT, MEDICAL INFORMATION OR DISABILITY INFORMATION
 OF THE HOLDER OF, OR APPLICANT FOR, APPLICATION IS NOT A  PUBLIC  RECORD
 AND  SHALL  NOT  BE  DISCLOSED  IN  RESPONSE  TO ANY REQUEST FOR RECORDS
 EXCEPT: (1) TO THE PERSON WHO IS THE SUBJECT OF  SUCH  RECORDS;  OR  (2)
 WHERE EXPRESSLY REQUIRED PURSUANT TO CHAPTER THREE HUNDRED THREE OF PART
 A  OF  SUBTITLE VI OF TITLE FORTY-NINE OF THE UNITED STATES CODE; OR (3)
 WHERE NECESSARY TO COMPLY WITH A LAWFUL COURT  ORDER,  JUDICIAL  WARRANT
 SIGNED BY A JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
 CONSTITUTION,  OR SUBPOENA FOR INDIVIDUAL RECORDS ISSUED PURSUANT TO THE
 CRIMINAL PROCEDURE LAW OR THE CIVIL PRACTICE LAW AND RULES.
   (III) THE COMMISSIONERS  SHALL  REQUIRE  ANY  PERSON  OR  ENTITY  THAT
 RECEIVES  OR HAS ACCESS TO RECORDS OR INFORMATION RELATED TO AN APPLICA-
 TION FOR BENEFITS UNDER THIS TITLE  TO  CERTIFY  TO  THE  COMMISSIONERS,
 BEFORE  SUCH RECEIPT OR ACCESS, THAT SUCH PERSON OR ENTITY SHALL NOT (I)
 USE SUCH RECORDS OR INFORMATION FOR CIVIL IMMIGRATION PURPOSES  OR  (II)
 DISCLOSE  SUCH  RECORDS  OR  INFORMATION  TO  ANY  AGENCY THAT PRIMARILY
 ENFORCES IMMIGRATION LAW OR TO ANY EMPLOYEE OR AGENT OF ANY SUCH AGENCY.
   5. ELIGIBILITY. (A) A HOUSEHOLD IS ELIGIBLE FOR ASSISTANCE  UNDER  THE
 STATEWIDE  PROGRAM  IF ONE OR MORE INDIVIDUALS IN THE HOUSEHOLD IS OBLI-
 GATED TO PAY RENT ON A RESIDENTIAL DWELLING AND HAS: (I)  (1)  QUALIFIED
 FOR  UNEMPLOYMENT  BENEFITS;  (2)  EXPERIENCED  A REDUCTION IN HOUSEHOLD
 INCOME, INCURRED SIGNIFICANT COSTS OR EXPERIENCED OTHER FINANCIAL  HARD-
 SHIP DUE, DIRECTLY OR INDIRECTLY TO THE NOVEL CORONAVIRUS DISEASE (COVID
 -19)  OUTBREAK;  OR (3) CAN DEMONSTRATE A RISK OF EXPERIENCING HOMELESS-
 NESS, AT RISK OF HOMELESSNESS  OR  HOUSING  INSTABILITY;  AND  (II)  THE
 HOUSEHOLD HAS A HOUSEHOLD INCOME THAT IS NOT MORE THAN EIGHTY PERCENT OF
 THE AREA MEDIAN INCOME FOR THE HOUSEHOLD.
   (B)  NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, PRIORITY SHALL
 BE GIVEN TO A HOUSEHOLD WHERE THE INCOME  OF  SUCH  HOUSEHOLD  DOES  NOT
 EXCEED FIFTY PERCENT OF THE AREA MEDIAN INCOME FOR THE HOUSEHOLD AND ONE
 OR MORE INDIVIDUALS IN THE HOUSEHOLD HAS BEEN UNEMPLOYED FOR NINETY DAYS
 PRECEDING  THE  APPLICATION  SUBMISSION.  PROVIDED  FURTHER,  ADDITIONAL
 PRIORITIZATION SHALL BE GIVEN TO HOUSEHOLDS UNDER THIS PARAGRAPH WHO (I)
 RESIDE IN A DWELLING OWNED BY A SMALL LANDLORD, (II) ARE  CONSIDERED  TO
 BE  PART  OF  A  VULNERABLE  POPULATION,  INCLUDING   BUT NOT LIMITED TO
 VICTIMS OF DOMESTIC VIOLENCE, HUMAN TRAFFICKING  VICTIMS  AND  VETERANS,
 (III)  ARE  INVOLVED IN AN EVICTION PROCEEDING, AND (IV) ARE RESIDING IN
 COMMUNITIES  THAT  WERE  DISPROPORTIONATELY  IMPACTED  BY  THE  COVID-19
 PANDEMIC.    FOR  THE  PURPOSES  OF  THIS TITLE A "SMALL LANDLORD" SHALL
 INCLUDE ANY PERSON THAT OWNS A BUILDING WITH TWENTY OR FEWER APARTMENTS.
   (C) DOCUMENTATION TO ASCERTAIN ELIGIBILITY AND CONFIRM THE APPROVAL OF
 BENEFITS SHALL BE PROVIDED IN ACCORDANCE WITH SUBDIVISION  SIX  OF  THIS
 SECTION.
   (D) THE IMMIGRATION STATUS OF ANY MEMBER OF THE HOUSEHOLD SHALL NOT BE
 CONSIDERED WHEN DETERMINING ELIGIBILITY FOR THE STATEWIDE PROGRAM.
   6. BENEFITS. (A) BENEFITS PROVIDED TO AN ELIGIBLE HOUSEHOLD, AS DETER-
 MINED UNDER SUBDIVISION FIVE OF THIS SECTION, MAY BE PROVIDED IN ACCORD-
 ANCE  WITH  THIS  SUBDIVISION,  FOR  A  PERIOD  NOT TO EXCEED A TOTAL OF
 FIFTEEN MONTHS.
   (B) SUCH BENEFITS SHALL INCLUDE: (I)  UP TO TWELVE  MONTHS  OF  RENTAL
 ARREARS,  WHICH  MAY DATE BACK TO MARCH THIRTEENTH, TWO THOUSAND TWENTY;
 (II) UP TO TWELVE MONTHS OF UTILITY  AND/OR HOME ENERGY  ARREARS;  (III)

 A. 3006--B                         62
 
 EXPENSES  RELATED TO INTERNET ACCESS; AND (IV) PROSPECTIVE RENT, IF SUCH
 BENEFIT WILL PROVIDE HOUSING STABILITY.
   (C)  NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION, IF AN ELIGIBLE
 HOUSEHOLD HAS RENTAL ARREARS, SUCH EXPENSES SHALL BE PROVIDED  PRIOR  TO
 THE APPROVAL OF ANY PROSPECTIVE RENT PAYMENTS.
   (D) BENEFITS PROVIDED UNDER THIS SECTION SHALL BE PAID DIRECTLY TO THE
 LANDLORD  AND/OR  UTILITY  PROVIDER ON BEHALF OF THE ELIGIBLE HOUSEHOLD,
 EXCEPT WHEN SUCH LANDLORD AND/OR UTILITY PROVIDER HAS REFUSED TO PARTIC-
 IPATE IN THE STATEWIDE PROGRAM, IN WHICH CASE, THE BENEFIT SHALL BE PAID
 DIRECTLY TO THE ELIGIBLE HOUSEHOLD.
   7. APPLICATIONS. (A) APPLICATIONS FOR THE STATEWIDE PROGRAM  SHALL  BE
 SUBMITTED THROUGH THE PORTAL ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF
 THIS  SECTION. APPLICATIONS MAY BE SUBMITTED BY EITHER THE TENANT OR THE
 LANDLORD, PROVIDED HOWEVER WRITTEN CONSENT MUST  BE  OBTAINED  FROM  THE
 TENANT BY EITHER THE LANDLORD OR AN AUTHORIZED COMMUNITY BASED ORGANIZA-
 TION PURSUANT TO SUBDIVISION NINE  OF THIS SECTION BEFORE A LANDLORD MAY
 SUBMIT  AN  APPLICATION.  TENANTS AND LANDLORDS ARE ENCOURAGED TO SUBMIT
 APPLICATIONS TOGETHER, TO PREVENT DUPLICATIONS AND EXPEDITE  THE  REVIEW
 PROCESS.
   (B)  TO VERIFY ELIGIBILITY, ACCEPTABLE DOCUMENTATION SHALL INCLUDE BUT
 IS NOT LIMITED TO ANY SUCH REQUIRED DOCUMENTATION PROVIDED IN  THE  FORM
 OF  A PHOTOCOPY, PHOTOGRAPH, EMAIL OR FACSIMILE. PROVIDED FURTHER AND IN
 ACCORDANCE WITH FEDERAL GUIDANCE,  AN  ATTESTATION,  INCLUDING  A  SELF-
 ATTESTATION,  OF  ANY  SUCH INFORMATION FROM AN INDIVIDUAL WITH RELEVANT
 KNOWLEDGE OF  THE HOUSEHOLD'S SITUATION, SHALL BE CONSIDERED AN ACCEPTA-
 BLE FORM OF DOCUMENTATION.
   (C) UPON DETERMINATION OF AN APPLICATION,  BOTH  THE  TENANT  AND  THE
 LANDLORD  SHALL BE PROVIDED WITH BOTH VERBAL AND WRITTEN CONFIRMATION OF
 SUCH DETERMINATION IN THEIR NATIVE LANGUAGE.
   8. TENANT PROTECTIONS AND LANDLORD  REQUIREMENTS.  (A)  ACCEPTANCE  OF
 PAYMENT  FOR  RENT  OR RENTAL ARREARS FROM THIS PROGRAM SHALL CONSTITUTE
 AGREEMENT BY THE RECIPIENT LANDLORD OR  PROPERTY  OWNER:  (I)  THAT  THE
 ARREARS  COVERED  BY  THIS PAYMENT ARE SATISFIED AND WILL NOT BE USED AS
 THE BASIS FOR A NON-PAYMENT EVICTION; (II) TO WAIVE ANY LATE FEES DUE ON
 ANY RENTAL ARREARS; (III) TO KEEP CONSTANT THE MONTHLY RENT DUE FOR  THE
 DWELLING  UNIT SUCH THAT IT SHALL REMAIN THE SAME AS THE AMOUNT THAT WAS
 DUE AT THE TIME OF APPLICATION TO THE PROGRAM FOR ANY AND ALL MONTHS FOR
 WHICH RENTAL ASSISTANCE IS RECEIVED AND FOR ONE  YEAR  AFTER  THE  FIRST
 RENTAL  ASSISTANCE  PAYMENT IS RECEIVED; (IV) NOT TO EVICT FOR REASON OF
 EXPIRED LEASE OR HOLDOVER TENANCY ANY HOUSEHOLD ON BEHALF OF WHOM RENTAL
 ASSISTANCE IS RECEIVED FOR ONE YEAR AFTER THE  FIRST  RENTAL  ASSISTANCE
 PAYMENT IS RECEIVED, UNLESS THE DWELLING UNIT THAT IS THE SUBJECT OF THE
 LEASE OR RENTAL AGREEMENT IS LOCATED IN A BUILDING THAT CONTAINS FOUR OR
 FEWER  UNITS, IN WHICH CASE THE LANDLORD MAY DECLINE TO EXTEND THE LEASE
 OR TENANCY IF THE LANDLORD INTENDS TO IMMEDIATELY OCCUPY  THE  UNIT  FOR
 THE  LANDLORD'S  PERSONAL  USE  AS  A PRIMARY RESIDENCE OR THE USE OF AN
 IMMEDIATE FAMILY MEMBER AS A PRIMARY RESIDENCE; AND (V)  TO  NOTIFY  THE
 TENANT OF THE PROTECTIONS ESTABLISHED UNDER THIS SUBDIVISION.
   (B)  LANDLORDS  OF  BUILDINGS  WITH OUTSTANDING VIOLATIONS ISSUED BY A
 CODE ENFORCEMENT AGENCY FOR CONDITIONS THAT WOULD BE DANGEROUS,  HAZARD-
 OUS,  OR  DETRIMENTAL  TO  LIFE,  HEALTH  OR  SAFETY OF THE TENANT SHALL
 RESOLVE THOSE VIOLATIONS AS A CONDITION  OF  RECEIVING  FUNDS.  PROVIDED
 HOWEVER,  AT  THE OFFICE'S DISCRETION, A PORTION OF THE FUNDS MAY BE SET
 ASIDE TO BE USED BY THE LANDLORD TO CORRECT SUCH VIOLATIONS.
   (C) FOR AN ELIGIBLE HOUSEHOLD WHO IS ALSO  A  RECIPIENT  OF  A  PUBLIC
 BENEFIT INCLUDING ANY FEDERAL, STATE OR LOCALLY FUNDED PROGRAM:

 A. 3006--B                         63

   (I)  ANY BENEFITS PROVIDED UNDER THIS TITLE SHALL NOT BE CONSIDERED TO
 BE PART OF THE STANDARD OF NEED AS DEFINED IN PARAGRAPH (B)  OF   SUBDI-
 VISION TEN  OF  SECTION  ONE HUNDRED THIRTY-ONE-A OF THIS CHAPTER;
   (II)  ANY  BENEFIT  PROVIDED TO COVER ANY RENT ARREARS OR UTILITY/HOME
 ENERGY ARREARS PAYMENTS SHALL NOT BE RECOUPABLE;
   (III) BENEFITS PROVIDED PURSUANT TO THIS TITLE SHALL NOT  COUNT  AS  A
 LUMP SUM PAYMENT FOR ANY SUCH ASSISTANCE REGARDLESS OF WHETHER THE BENE-
 FIT  IS  PROVIDED  TO  THE  ELIGIBLE  HOUSEHOLD, LANDLORD AND/OR UTILITY
 PROVIDER; AND
   (IV) ANY SUCH ASSISTANCE  PROVIDED  UNDER  THIS  TITLE  SHALL  NOT  BE
 REGARDED AS INCOME, AND SHALL NOT BE REGARDED AS A RESOURCE FOR PURPOSES
 OF  DETERMINING  ELIGIBILITY  OR  RECERTIFICATION  FOR ANY MEMBER OF THE
 HOUSEHOLD.
   9. EMERGENCY RENTAL ASSISTANCE OUTREACH AND ASSISTANCE   PROGRAM.  (A)
 THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE SHALL CONTRACT WITH
 COMMUNITY BASED ORGANIZATIONS STATEWIDE, ENSURING APPROPRIATE GEOGRAPHIC
 REPRESENTATION REGARDLESS OF WHETHER THERE IS AN OUTREACH PROGRAM  OPER-
 ATED  BY A MUNICIPAL RECIPIENT. SUCH COMMUNITY BASED ORGANIZATIONS SHALL
 PROVIDE APPLICATION ASSISTANCE AS WELL AS OUTREACH TO ENSURE THE  STATE-
 WIDE  PROGRAM IS FULLY UTILIZED. THE COMMUNITY BASED ORGANIZATIONS SHALL
 HAVE DEMONSTRATED PREVIOUS SUCCESSFUL EXPERIENCE PROVIDING ASSISTANCE IN
 A CULTURALLY COMPETENT MANNER, DELIVERED IN MULTIPLE LANGUAGES TO  POPU-
 LATIONS, INCLUDING BUT NOT LIMITED TO VULNERABLE AND/OR LOW INCOME POPU-
 LATIONS, COMMUNITIES DISPROPORTIONATELY IMPACTED BY THE COVID-19 PANDEM-
 IC,  TENANTS  RESIDING  IN  A  DWELLING  OWNED  BY  A SMALL LANDLORD AND
 VETERANS.
   (B) IN ADDITION TO THE  OUTREACH  PROGRAM  ESTABLISHED  BY  THE  STATE
 PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION, EACH MUNICIPAL RECIPIENT
 THAT CHOSE TO PARTICIPATE IN THE STATEWIDE PROGRAM SHALL BE  RESPONSIBLE
 FOR  OPERATING AN OUTREACH PROGRAM IN ACCORDANCE WITH THEIR PLAN SUBMIT-
 TED PURSUANT TO SUBDIVISION THREE   OF THIS SECTION  SPECIFIC  TO  THEIR
 GEOGRAPHIC  LOCATION. MUNICIPAL RECIPIENTS SHALL CONTRACT WITH COMMUNITY
 BASED ORGANIZATIONS TO SUPPLEMENT THE STATE'S OUTREACH PROGRAM,  PROVID-
 ING  ADDITIONAL  APPLICATION ASSISTANCE AND OUTREACH ACTIVITIES SPECIFIC
 TO THEIR GEOGRAPHIC LOCATION. SUCH COMMUNITY BASED  ORGANIZATIONS  SHALL
 DELIVER  THEIR SERVICES IN MULTIPLE LANGUAGES AND IN A CULTURALLY COMPE-
 TENT MANNER TO VULNERABLE AND/OR  LOW  INCOME  POPULATIONS,  COMMUNITIES
 DISPROPORTIONATELY IMPACTED BY THE COVID-19 PANDEMIC, AND TENANTS RESID-
 ING IN A DWELLING OWNED BY A SMALL LANDLORD AND VETERANS.
   (C)  ANY  INFORMATION  PROVIDED  TO  A COMMUNITY BASED ORGANIZATION IN
 CONNECTION WITH THIS TITLE SHALL BE KEPT CONFIDENTIAL AND BE SUBJECT  TO
 THE  SAME  REQUIREMENTS PURSUANT TO PARAGRAPH (F) OF SUBDIVISION FOUR OF
 THIS SECTION.
   10. THE OFFICE SHALL BE REQUIRED TO REPORT  AND  POST  INFORMATION  ON
 THEIR WEBSITE, AND UPDATE SUCH INFORMATION AT LEAST MONTHLY. SUCH INFOR-
 MATION  SHALL INCLUDE BUT NOT BE LIMITED TO: (A) THE NUMBER OF MUNICIPAL
 RECIPIENTS THAT CHOOSE TO PARTICIPATE IN THE STATEWIDE PROGRAM; (B)  THE
 NUMBER OF ELIGIBLE HOUSEHOLDS THAT RECEIVED ASSISTANCE UNDER THIS TITLE,
 INCLUDING  THE PARTICULAR CATEGORY OF ASSISTANCE WHICH WAS PROVIDED; (C)
 THE AVERAGE AMOUNT OF FUNDING PROVIDED PER ELIGIBLE HOUSEHOLD  RECEIVING
 ASSISTANCE;  AND  (D)  THE NUMBER OF HOUSEHOLDS THAT APPLIED FOR ASSIST-
 ANCE.
 
                                 TITLE 3-A
              STATEWIDE EMERGENCY HOMELESS ASSISTANCE PROGRAM

 A. 3006--B                         64

 SECTION 47. STATEWIDE EMERGENCY HOMELESS ASSISTANCE PROGRAM.
   §  47.  STATEWIDE  EMERGENCY  HOMELESS ASSISTANCE PROGRAM. 1. THERE IS
 HEREBY ESTABLISHED THE STATEWIDE EMERGENCY HOMELESS ASSISTANCE  PROGRAM,
 HEREINAFTER  KNOWN AS "THE PROGRAM".  THE PROGRAM SHALL PROVIDE BENEFITS
 TO ELIGIBLE RECIPIENTS EXPERIENCING HOMELESSNESS IN ACCORDANCE WITH THIS
 TITLE WITHIN AMOUNTS APPROPRIATED.
   2.  SUPPLEMENTS. (A) EACH LOCAL SOCIAL  SERVICES  DISTRICT,  EXCEPT  A
 LOCAL SOCIAL SERVICES DISTRICT WITH A POPULATION OF ONE MILLION OR MORE,
 SHALL  PROVIDE  SHELTER SUPPLEMENTS TO ELIGIBLE RECIPIENTS AS DEFINED IN
 SUBDIVISION THREE OF THIS SECTION, UP TO THE MAXIMUM AMOUNT OF THE  FAIR
 MARKET RENT IN THE DISTRICT, AS ESTABLISHED BY THE FEDERAL DEPARTMENT OF
 HOUSING AND URBAN DEVELOPMENT, FOR THE HOUSEHOLD COMPOSITION.
   (B)  FOR  A  LOCAL  SOCIAL  SERVICES DISTRICT WITH A POPULATION OF ONE
 MILLION OR MORE, SUCH FUNDS MADE AVAILABLE PURSUANT TO THIS TITLE  SHALL
 BE   UTILIZED   TO  SUPPLEMENT  THE  FAMILY  HOMELESSNESS  AND  EVICTION
 PREVENTION SUPPLEMENT TO PROVIDE ADDITIONAL SUPPLEMENTS UP TO THE  MAXI-
 MUM  AMOUNT  OF  THE FAIR MARKET RENT IN THE DISTRICT, AS ESTABLISHED BY
 THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR THE  HOUSE-
 HOLD COMPOSITION.
   3. ELIGIBILITY. SUPPLEMENTS SHALL BE MADE AVAILABLE IN ACCORDANCE WITH
 SUBDIVISION  FOUR  OF  THIS  SECTION  TO INDIVIDUALS OR FAMILIES WHO ARE
 HOMELESS AND ELIGIBLE FOR OR IN RECEIPT OF PUBLIC ASSISTANCE  OR,  IN  A
 LOCAL SOCIAL SERVICES DISTRICT WITH A POPULATION OF ONE MILLION OR MORE,
 INDIVIDUALS  AND  FAMILIES  WHO ARE ELIGIBLE FOR THE FAMILY HOMELESSNESS
 AND EVICTION PREVENTION SUPPLEMENT.  FOR PURPOSES OF THIS  TITLE,  HOME-
 LESS  SHALL  MEAN  INDIVIDUALS OR FAMILIES WHO LACK A FIXED, REGULAR AND
 ADEQUATE NIGHTTIME RESIDENCE IN A LOCATION ORDINARILY USED AS A  REGULAR
 SLEEPING ACCOMMODATION FOR HUMAN BEINGS.
   4. DISTRIBUTION. (A) THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
 SHALL DISTRIBUTE FUNDS APPROPRIATED FOR THE PURPOSES OF THIS TITLE. SUCH
 FUNDS SHALL BE EQUITABLY DISTRIBUTED ACROSS THE STATE, ENSURING ADEQUATE
 GEOGRAPHIC  DISBURSEMENT BASED ON AN ANALYSIS CONDUCTED BY THE OFFICE TO
 DETERMINE WHICH LOCAL SOCIAL SERVICES  DISTRICTS  ARE  EXPERIENCING  THE
 HIGHEST  PERCENTAGES  OF HOMELESSNESS. ADDITIONALLY, SUCH ANALYSIS SHALL
 EVALUATE THE NEED TO PRIORITIZE VULNERABLE POPULATIONS  INCLUDING  FAMI-
 LIES  WITH CHILDREN, VICTIMS OF DOMESTIC VIOLENCE AS DEFINED IN SUBDIVI-
 SION ONE IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THIS CHAPTER AND VETER-
 ANS AS DEFINED IN SECTION ONE HUNDRED SIXTY-EIGHT OF THIS CHAPTER.
   (B) LOCAL SOCIAL  SERVICES  DISTRICTS  SHALL  ENSURE  SUPPLEMENTS  ARE
 PROVIDED TO ELIGIBLE INDIVIDUALS AND FAMILIES WHERE SUCH ASSISTANCE WILL
 PROVIDE THE GREATEST LONG TERM HOUSING STABILITY.
   (C)  FUNDS  MADE AVAILABLE PURSUANT TO THIS TITLE SHALL BE DISTRIBUTED
 TO ELIGIBLE RECIPIENTS AS EXPEDITIOUSLY AS POSSIBLE.
   5. SUPPLEMENTS MADE AVAILABLE PURSUANT TO THIS TITLE SHALL:
   (A) NOT BE CONSIDERED AS PART OF THE STANDARD OF NEED  AS  DEFINED  IN
 PARAGRAPH  (B) OF SUBDIVISION TEN OF SECTION ONE HUNDRED THIRTY-ONE-A OF
 THIS CHAPTER.
   (B)  BE ISSUED BY THE LOCAL SOCIAL SERVICES DISTRICT DIRECTLY  TO  THE
 LANDLORD OR VENDOR; AND
   (C) NOT BE A RECOUPABLE BENEFIT.
   6.  REPORT.    THE COMMISSIONER SHALL ISSUE A REPORT ON THE PROGRAM TO
 THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF
 THE SENATE ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE AND  ANNUALLY
 THEREAFTER  REGARDING  THE  EFFECTIVENESS  OF  THE PROGRAM, BASED ON THE
 INFORMATION PROVIDED FROM THE LOCAL SOCIAL  SERVICES  DISTRICTS.    EACH
 LOCAL DISTRICT, UPON THE REQUEST OF THE OFFICE, SHALL PROVIDE THE OFFICE

 A. 3006--B                         65
 
 THE  NECESSARY  DATA FOR THE COMPLETION OF THE REPORT. EACH REPORT SHALL
 INCLUDE THE FOLLOWING  INFORMATION,  FOR  EACH  DISTRICT:  (I)  PRIORITY
 GROUPS SERVED; (II) THE NUMBER OF INDIVIDUALS AND FAMILIES PARTICIPATING
 IN  THE  PROGRAM;  (III) FACTORS CONTRIBUTING TO HOUSEHOLDS EXPERIENCING
 HOUSING ISSUES, INCLUDING BUT NOT LIMITED TO HEALTH AND SAFETY AND BUDG-
 ETING CONSTRAINS; (IV) TOTAL FUNDING  UTILIZED;  (V)  ESTIMATED  AVOIDED
 COSTS  IN TEMPORARY SHELTER, AND (VI) ANY OTHER INFORMATION OR AVAILABLE
 DATA THAT THE COMMISSIONER DEEMS RELEVANT AND NECESSARY  FOR  COMPREHEN-
 SIVE EVALUATION OF THE PROGRAM.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2021.
 
                                  PART CC
 
                           Intentionally Omitted
 
                                  PART DD
 
   Section 1. Clause (vi) of subparagraph 4 of paragraph h of subdivision
 2 of section 355 of the education law, as amended by section 1  of  part
 JJJ of chapter 59 of the laws of 2017, is amended to read as follows:
   (vi) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO--TWO THOU-
 SAND  TWENTY-THREE  AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE
 AVAILABLE GENERAL FUND OPERATING SUPPORT AND FRINGE  BENEFITS,  FOR  THE
 STATE  UNIVERSITY  AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN
 AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAIL-
 ABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE  SHALL
 APPROPRIATE  AND  MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER
 ALL MANDATORY COSTS OF THE STATE UNIVERSITY  AND  THE  STATE  UNIVERSITY
 HEALTH  SCIENCE  CENTERS,  WHICH  SHALL  INCLUDE, BUT NOT BE LIMITED TO,
 COLLECTIVE BARGAINING COSTS INCLUDING SALARY  INCREMENTS,  FRINGE  BENE-
 FITS, AND OTHER NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILD-
 ING  RENTALS  AND  OTHER  INFLATIONARY  EXPENSES  INCURRED  BY THE STATE
 UNIVERSITY AND THE STATE UNIVERSITY  HEALTH  SCIENCE  CENTERS,  AND  ANY
 INCREASE  IN  THE TUITION CREDIT PURSUANT TO SECTION SIX HUNDRED EIGHTY-
 NINE-A OF THIS TITLE AS TUITION INCREASES ARE ENACTED BY  THE  BOARD  OF
 TRUSTEES  OF THE STATE UNIVERSITY; PROVIDED, HOWEVER, THAT IF THE GOVER-
 NOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO  THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, STATE
 SUPPORT  FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVER-
 SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE  ANOTHER,  AND  THE
 AFOREMENTIONED  PROVISIONS  SHALL NOT APPLY; PROVIDED FURTHER, THE STATE
 SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND SUPPORT TO FULLY  FUND
 THE  TUITION  CREDIT  PURSUANT TO SUBDIVISION TWO OF SECTION SIX HUNDRED
 SIXTY-NINE-H OF THIS TITLE.
   (VII) For the state university fiscal years  commencing  two  thousand
 eleven--two  thousand  twelve and ending two thousand fifteen--two thou-
 sand sixteen, each university center may set  aside  a  portion  of  its
 tuition  revenues  derived  from  tuition increases to provide increased
 financial aid for New York state resident undergraduate  students  whose
 net  taxable  income  is  eighty thousand dollars or more subject to the
 approval of a NY-SUNY 2020 proposal by the governor and  the  chancellor
 of  the state university of New York. Nothing in this paragraph shall be
 construed as to authorize that students  whose  net  taxable  income  is
 eighty  thousand  dollars  or  more  are eligible for tuition assistance

 A. 3006--B                         66
 
 program awards pursuant to  section  six  hundred  sixty-seven  of  this
 [chapter] TITLE.
   §  2.  Paragraph (a) of subdivision 7 of section 6206 of the education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO--TWO THOU-
 SAND TWENTY-THREE AND THEREAFTER, THE STATE SHALL APPROPRIATE  AND  MAKE
 AVAILABLE  GENERAL  FUND  OPERATING SUPPORT AND FRINGE BENEFITS, FOR THE
 CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO-
 PRIATED AND MADE AVAILABLE IN THE PRIOR  STATE  FISCAL  YEAR;  PROVIDED,
 FURTHER,  THE  STATE  SHALL  APPROPRIATE AND MAKE AVAILABLE GENERAL FUND
 OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE  CITY  UNIVERSITY,
 WHICH  SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS
 INCLUDING SALARY INCREMENTS, FRINGE  BENEFITS,  AND  OTHER  NON-PERSONAL
 SERVICE  COSTS  SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA-
 TIONARY EXPENSES INCURRED BY THE CITY UNIVERSITY, AND  ANY  INCREASE  IN
 THE TUITION CREDIT PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS
 CHAPTER AS TUITION INCREASES ARE ENACTED BY THE BOARD OF TRUSTEES OF THE
 STATE  UNIVERSITY;  PROVIDED,  HOWEVER,  THAT IF THE GOVERNOR DECLARES A
 FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRES-
 IDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, STATE  SUPPORT  FOR
 OPERATING  EXPENSES  AT  THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE
 REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED
 PROVISIONS SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL  APPROPRI-
 ATE  AND  MAKE  AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION
 CREDIT PURSUANT TO SUBDIVISION TWO OF SECTION SIX  HUNDRED  SIXTY-NINE-H
 OF THIS CHAPTER.
   § 3. This act shall take effect immediately provided that:
   (a)  the  amendments to subparagraph 4 of paragraph h of subdivision 2
 of section 355 of the education law made by  section  one  of  this  act
 shall  not  affect  the  expiration  and  reversion of such subparagraph
 pursuant to chapter 260 of the laws  of  2011,  as  amended,  and  shall
 expire therewith; and
   (b)  the  amendments to paragraph (a) of subdivision 7 of section 6206
 of the education law made by section two of this act  shall  not  affect
 the  expiration  and reversion of such paragraph pursuant to chapter 260
 of the laws of 2011, as amended, and shall expire therewith.
 
                                  PART EE
 
   Section 1. Paragraph a of subdivision 1 of section 6304 of the  educa-
 tion  law,  as amended by chapter 552 of the laws of 1984, is amended to
 read as follows:
   a. State financial aid shall be one-third of the amount  of  operating
 costs, as approved by the state university trustees, PROVIDED THAT IN NO
 CASE SHALL A COMMUNITY COLLEGE RECEIVE LESS THAN NINETY-EIGHT PERCENT OF
 THE  AMOUNT OF STATE OPERATING SUPPORT THAT WAS PROVIDED FOR SUCH COMMU-
 NITY COLLEGE IN THE PREVIOUS COMMUNITY COLLEGE  FISCAL  YEAR.  Operating
 costs  shall not include any payment of debt service or rentals or other
 payments by a local sponsor to the dormitory authority pursuant  to  any
 lease,  sublease  or  other agreement entered into between the dormitory
 authority and a local sponsor. Such aid for a college shall, however, be
 for two-fifths of operating costs for any fiscal  year  of  the  college
 during which it is implementing a program of full opportunity provided a
 plan  has  been  approved  by  the state university trustees. Such plan,
 which shall be submitted by the college only after approval by the board
 of trustees and the local sponsor or sponsors, shall

 A. 3006--B                         67
 
   (i) establish a  policy  of  offering  acceptance  in  an  appropriate
 program  of  the  college  to all applicants residing in the sponsorship
 area who graduated from high school within the prior year and to  appli-
 cants  who  are  high school graduates and who were released from active
 duty with the armed forces of the United States within the prior year;
   (ii) provide for full implementation of such policy by the fall semes-
 ter  of  nineteen hundred seventy or, if the college demonstrates to the
 state university trustees that full implementation by  such  time  would
 not  be feasible and in the best interests of the college, provide for a
 timetable to achieve such full implementation within  five  years  which
 provides for substantial growth in registration each year;
   (iii)  make  provision  for  and  contain  adequate  assurances of the
 expenditure of funds by the sponsor or sponsors at a level  pursuant  to
 state  university  regulations, at least that necessary to implement the
 plan;
   (iv) provide for adequate programs  of  remediation,  instruction  and
 counselling  to  meet  the  needs  of  all  students to be served by the
 college. The trustees may require  periodic  reports  or  certifications
 from  colleges  which  have submitted plans which have been approved and
 may, in appropriate cases, revoke such approval in case a college is  in
 default of implementing its plan.
   § 2. This act shall take effect July 1, 2021.
 
                                  PART FF
 
   Section  1. The education law is amended by adding a new section 669-i
 to read as follows:
   § 669-I. MARTIN LUTHER KING, JR. SCHOLARSHIP. 1. PURPOSE. THE NEW YORK
 STATE MARTIN LUTHER KING, JR. SCHOLARSHIP IS HEREBY ESTABLISHED FOR  THE
 PURPOSE  OF GRANTING AWARDS TO ASSIST STUDENTS WITH THE EXPENSES OF NON-
 TUITION COSTS AND FEES ASSOCIATED WITH ATTENDING AN INSTITUTION OF HIGH-
 ER EDUCATION IN THE STATE OF NEW YORK.
   2. ELIGIBILITY. A MARTIN LUTHER KING, JR. SCHOLARSHIP AWARD  SHALL  BE
 MADE  TO  AN  APPLICANT  WHO  IS ELIGIBLE FOR AN AWARD UNDER THE TUITION
 ASSISTANCE PROGRAM AS SET FORTH IN SECTION SIX  HUNDRED  SIXTY-SEVEN  OF
 THIS SUBPART.
   3.  AMOUNT.  WITHIN  AMOUNTS  APPROPRIATED  THEREFOR  AND BASED ON THE
 AVAILABILITY OF FUNDS, AWARDS SHALL BE GRANTED BEGINNING  WITH  THE  TWO
 THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC YEAR AND THEREAFT-
 ER  TO  APPLICANTS  THAT  THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO
 RECEIVE SUCH AWARDS. THE CORPORATION SHALL GRANT AN ANNUAL AWARD IN  THE
 AMOUNT OF THREE THOUSAND FIVE HUNDRED DOLLARS TO EACH APPLICANT.
   4.  QUALIFIED  NON-TUITION  COSTS.  AN  AWARD PURSUANT TO THIS SECTION
 SHALL BE APPLIED TOWARD A RECIPIENT'S NON-TUITION COSTS  AND  FEES.  FOR
 THE PURPOSES OF THIS SECTION, "NON-TUITION COSTS" SHALL INCLUDE ROOM AND
 BOARD,  TRANSPORTATION  EXPENSES, TEXTBOOKS AND INSTRUCTIONAL MATERIALS,
 TECHNOLOGY AND  ELECTRONIC  DEVICES,  AND  PERSONAL  EXPENSES  INCLUDING
 CLOTHING, FOOD, OR MEDICAL, VISION, AND DENTAL INSURANCE.
   5. DURATION. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE
 THAN  FOUR  ACADEMIC  YEARS  OF  FULL-TIME  UNDERGRADUATE  STUDY OR FIVE
 ACADEMIC YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES FIVE YEARS.  AN
 ELIGIBLE  RECIPIENT  ENROLLED  IN  AN ELIGIBLE TWO-YEAR PROGRAM OF STUDY
 SHALL NOT RECEIVE AN AWARD FOR MORE THAN TWO ACADEMIC YEARS.
   6. RECIPIENT SELECTION. THE PRESIDENT MAY ESTABLISH: (A)  AN  APPLICA-
 TION  DEADLINE;  AND  (B) A METHOD OF SELECTING RECIPIENTS IN ACCORDANCE
 WITH THE DEMONSTRATED FINANCIAL NEEDS IF IN ANY  GIVEN  YEAR  THERE  ARE

 A. 3006--B                         68
 
 INSUFFICIENT FUNDS TO COVER THE NEEDS OF ALL APPLICANTS AS DETERMINED BY
 THE  CORPORATION,  PROVIDED  THAT  PRIORITY  SHALL  BE GIVEN TO ELIGIBLE
 APPLICANTS WHO HAVE RECEIVED AN AWARD PURSUANT  TO  THIS  SECTION  IN  A
 PRIOR YEAR.
   7.  OTHER  AWARDS.  RECIPIENTS  SHALL  BE  ELIGIBLE TO APPLY FOR OTHER
 AWARDS UNDER THIS ARTICLE.  AWARDS PURSUANT TO THIS SECTION SHALL NOT BE
 INCLUDED WITHIN THE CALCULATION FOR DETERMINING A STUDENT'S  ELIGIBILITY
 OR  AWARD  AMOUNT  FOR  AN EXCELSIOR SCHOLARSHIP PURSUANT TO SECTION SIX
 HUNDRED SIXTY-NINE-H OF THIS SUBPART OR AN ENHANCED TUITION AWARD PURSU-
 ANT TO SECTION SIX HUNDRED SIXTY-SEVEN-D OF THIS SUBPART.
   8. RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO  PROMULGATE
 RULES  AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECES-
 SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART GG
 
   Section 1. Clause (A) of subparagraph (i) of paragraph a  of  subdivi-
 sion  3  of section 667 of the education law, as amended by section 1 of
 part B of chapter 60 of the laws of 2000, item 1 as amended by section 1
 and item 2 as amended by section 2 of part H and subitem (d) of  item  1
 as  added  by section 1 of part E of chapter 58 of the laws of 2011, the
 opening paragraph of item 1 as amended by section 2 of part X of chapter
 56 of the laws of 2014, subitem (a) of item 1 as amended by  section  2,
 subitem  (b) of item 1 as amended by section 3 and subitem (c) of item 1
 as amended by section 1 of part U of chapter 56 of the laws of 2014,  is
 amended to read as follows:
   (A) (1) In the case of students who have not been granted an exclusion
 of  parental  income,  who have qualified as an orphan, foster child, or
 ward of the court for the purposes  of  federal  student  financial  aid
 programs  authorized by Title IV of the Higher Education Act of 1965, as
 amended, or had a dependent for income tax purposes during the tax  year
 next  preceding  the academic year for which application is made, except
 for those students who have been granted exclusion  of  parental  income
 who have a spouse but no other dependent:
   (a)  [For  students first receiving aid after nineteen hundred ninety-
 three--nineteen hundred ninety-four and before two  thousand--two  thou-
 sand one, four thousand two hundred ninety dollars; or
   (b) For students first receiving aid in nineteen hundred ninety-three-
 -nineteen  hundred  ninety-four or earlier, three thousand seven hundred
 forty dollars; or
   (c) For students first receiving aid in two thousand--two thousand one
 and thereafter, five] FIVE thousand  dollars,  except  starting  in  two
 thousand  fourteen-two  thousand  fifteen [and thereafter] such students
 shall receive five thousand one hundred sixty-five dollars,  AND  EXCEPT
 STARTING  IN TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO AND THERE-
 AFTER SUCH STUDENTS SHALL RECEIVE SIX THOUSAND  ONE  HUNDRED  SIXTY-FIVE
 DOLLARS; or
   [(d)] (B) For undergraduate students enrolled in a program of study at
 a  non-public  degree-granting institution that does not offer a program
 of study that leads to a baccalaureate degree, or at a  registered  not-
 for-profit  business  school  qualified  for tax exemption under section
 501(c)(3) of the internal revenue code for federal income  tax  purposes
 that  does  not  offer  a program of study that leads to a baccalaureate
 degree, four thousand dollars, EXCEPT STARTING IN TWO  THOUSAND  TWENTY-
 ONE--TWO  THOUSAND TWENTY-TWO AND THEREAFTER SUCH STUDENTS SHALL RECEIVE

 A. 3006--B                         69
 
 FIVE THOUSAND DOLLARS. Provided, however, that this  subitem  shall  not
 apply  to  students  enrolled in a program of study leading to a certif-
 icate or degree in nursing.
   (2)  In the case of students receiving awards pursuant to subparagraph
 (iii) of this paragraph and those students who have been granted  exclu-
 sion of parental income who have a spouse but no other dependent[.
   (a)  For  students first receiving aid in nineteen hundred ninety-four
 --nineteen hundred ninety-five and nineteen  hundred  ninety-five--nine-
 teen  hundred  ninety-six  and  thereafter,  three  thousand twenty-five
 dollars, or
   (b) For students first receiving aid in nineteen hundred  ninety-two--
 nineteen  hundred  ninety-three and nineteen hundred ninety-three--nine-
 teen  hundred  ninety-four,  two  thousand  five  hundred   seventy-five
 dollars, or
   (c)  For students first receiving aid in nineteen hundred ninety-one--
 nineteen hundred ninety-two or earlier, two thousand four hundred  fifty
 dollars] FOUR THOUSAND TWENTY-FIVE DOLLARS; or
   §  2.  Subparagraphs  (i)  and (ii) of paragraph b of subdivision 3 of
 section 667 of the education law, as amended by chapter 309 of the  laws
 of  1996, clause (B) of subparagraph (i) as amended by section 2 of part
 B of chapter 60 of the laws of 2000, are amended to read as follows:
   (i) For each year of study, assistance shall be provided  as  computed
 on the basis of the amount which is the lesser of the following:
   (A) (1) ONE THOUSAND eight hundred dollars, or
   (2)  for  students  receiving awards pursuant to subparagraph (iii) of
 this paragraph, ONE THOUSAND six hundred forty dollars; or
   (B) (1) Ninety-five percent of the amount  of  tuition  (exclusive  of
 educational fees) charged.
   (2) For the two thousand one--two thousand two academic year and ther-
 eafter one hundred percent of the amount of tuition (exclusive of educa-
 tional fees).
   (ii)  Except for students as noted in subparagraph (iii) of this para-
 graph, the base amount as determined in subparagraph (i) of  this  para-
 graph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount

 (A) Less than seven thousand        None
     dollars
 (B) Seven thousand dollars or       Seven per centum of the excess
     more, but less than eleven       over seven thousand dollars
     thousand dollars
 
   [(C) For students first receiving aid:
   (1) for the first time in academic years nineteen hundred eighty-nine-
 -nineteen  hundred ninety, nineteen hundred ninety-two--nineteen hundred
 ninety-three and nineteen hundred ninety-three--nineteen  hundred  nine-
 ty-four:

 Amount of income                    Schedule of reduction of
                                     base amount

 Eleven thousand dollars or          Two hundred eighty dollars plus
 more but not more than forty-       ten per centum of the excess

 A. 3006--B                         70

 two thousand five hundred           over eleven thousand dollars
 dollars

   (2)  for  the  first  time in academic years nineteen hundred ninety--
 nineteen  hundred  ninety-one,  nineteen  hundred   ninety-one--nineteen
 hundred ninety-two, nineteen hundred ninety-four--nineteen hundred nine-
 ty-five and thereafter:

 Amount of income                    Schedule of reduction of
                                     base amount

 Eleven thousand dollars or          Two hundred eighty dollars plus
 more but not more than fifty        ten per centum of the excess
 thousand five hundred               over eleven thousand dollars
 dollars

   (3)  for the first time in academic years prior to academic year nine-
 teen hundred eighty-nine--nineteen hundred ninety:

 Amount of income                    Schedule of reduction of
                                     base amount

 Eleven thousand dollars or          Two hundred eighty dollars plus
 more but not more than thirty-      ten per centum of the excess over
 four thousand two hundred fifty     eleven thousand dollars
 dollars]
 
   § 3. Section 689-a of the education law, as added by  chapter  260  of
 the laws of 2011, is amended to read as follows:
   §  689-a.  Tuition  credits.  1.  The  New York state higher education
 services corporation shall calculate a tuition credit for each  resident
 undergraduate student who has filed an application with such corporation
 for  a  tuition assistance program award pursuant to section six hundred
 sixty-seven of this article, and is determined to be eligible to receive
 such award, and is also enrolled in a program of undergraduate study  at
 a  state  operated or senior college of the state university of New York
 or the city university of New York where the annual resident undergradu-
 ate tuition rate will exceed [five thousand dollars] THE MAXIMUM TUITION
 ASSISTANCE PROGRAM AWARD PURSUANT TO SUBITEM (A) OF ITEM ONE  OF  CLAUSE
 (A)  OF  SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE OF SECTION
 SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE.  Such tuition credit  shall  be
 calculated  for  each semester, quarter or term of study that tuition is
 charged and tuition for the  corresponding  semester,  quarter  or  term
 shall not be due for any student eligible to receive such tuition credit
 until  such  credit  is  calculated,  the  student  and school where the
 student is enrolled is notified of the tuition credit amount,  and  such
 tuition credit is applied toward the tuition charged.
   2.  Each  tuition  credit  pursuant to this section shall be an amount
 equal to the product of the total annual resident undergraduate  tuition
 rate  minus  [five  thousand  dollars]  THE  MAXIMUM  TUITION ASSISTANCE
 PROGRAM AWARD PURSUANT TO SUBITEM (A) OF  ITEM  ONE  OF  CLAUSE  (A)  OF
 SUBPARAGRAPH  (I)  OF  PARAGRAPH  A  OF SUBDIVISION THREE OF SECTION SIX
 HUNDRED SIXTY-SEVEN OF THIS ARTICLE then multiplied by an  amount  equal
 to  the  product  of  the total annual award for the student pursuant to
 section six hundred sixty-seven of this article  divided  by  an  amount
 equal to the maximum amount the student qualifies to receive pursuant to

 A. 3006--B                         71
 
 clause  (A)  of  subparagraph (i) of paragraph a of subdivision three of
 section six hundred sixty-seven of this article.
   § 4. Section 16 of chapter 260 of the laws of 2011 amending the educa-
 tion law and the New York state urban development corporation act relat-
 ing  to  establishing  components  of  the  NY-SUNY 2020 challenge grant
 program,  as  amended by section 5 of part JJJ of chapter 59 of the laws
 of  2017, is amended to read as follows:
   § 16. This act shall take effect July 1, 2011; provided that  sections
 one,  two,  three, four, five, six, eight, nine, ten, eleven, twelve and
 thirteen of this act shall expire [10] 14  years  after  such  effective
 date  when  upon  such  date  the provisions of this act shall be deemed
 repealed; and provided further that sections  fourteen  and  fifteen  of
 this  act  shall expire 5 years after such effective date when upon such
 date the provisions of this act shall be deemed repealed.
   § 5. This act shall take effect July 1, 2021 provided,  however,  that
 the  amendments  to  section  689-a of the education law made by section
 three of this act shall not affect the repeal of such section and  shall
 be deemed to expire therewith.
 
                                  PART HH
 
   Section  1.  This part enacts into law major components of legislation
 which  are  related to the availability of adverse childhood experiences
 services. Each component is  wholly contained within a  Subpart  identi-
 fied  as  Subparts  A  and  B.  The  effective  date for each particular
 provision contained within such Subpart is set forth in the last section
 of such Subpart.  Any  provision  in  any  section  contained  within  a
 Subpart, including the effective date of the Subpart, which makes refer-
 ence  to  a  section  of  "this  act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding  section  of  the  Subpart  in which it is found.   Section two
 contains a severability clause for  all  provisions  contained  in  each
 Subpart  of  this Part. Section three of this act sets forth the general
 effective date of this Part.
 
                                 SUBPART A
 
   Section 1. The social services law is amended by adding a new  section
 131-aaa to read as follows:
   §  131-AAA.  AVAILABILITY  OF  ADVERSE CHILDHOOD EXPERIENCES SERVICES.
 EACH LOCAL SOCIAL SERVICES DISTRICT SHALL BE REQUIRED TO PROVIDE  APPLI-
 CANTS  AND  RECIPIENTS  OF PUBLIC ASSISTANCE WHO ARE A PARENT, GUARDIAN,
 CUSTODIAN OR OTHERWISE RESPONSIBLE FOR A CHILD'S CARE, WITH  EDUCATIONAL
 MATERIALS DEVELOPED PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED
 SEVENTY-C  OF THIS ARTICLE TO EDUCATE THEM ABOUT ADVERSE CHILDHOOD EXPE-
 RIENCES, THE IMPORTANCE OF PROTECTIVE FACTORS AND  THE  AVAILABILITY  OF
 SERVICES  FOR  CHILDREN  AT RISK FOR OR SUFFERING FROM ADVERSE CHILDHOOD
 EXPERIENCES. THE EDUCATIONAL MATERIALS MAY BE MADE  AVAILABLE  ELECTRON-
 ICALLY AND SHALL BE PROVIDED AT THE TIME OF APPLICATION, RECERTIFICATION
 AND  ANY  OTHER  INSTANCES THE APPLICANT OR RECIPIENT MAKES CONTACT WITH
 THE LOCAL SOCIAL SERVICES DISTRICT.
   § 2. Article 5 of the social services law is amended by adding  a  new
 title 12-A to read as follows:
                                TITLE 12-A
          SUPPORTS AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE
                           CHILDHOOD EXPERIENCES

 A. 3006--B                         72
 
 SECTION  370-C.  SUPPORTS  AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE
                  CHILDHOOD EXPERIENCES.
   § 370-C. SUPPORTS AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE CHILD-
 HOOD  EXPERIENCES.  1. YOUTH SUFFERING FROM OR AT RISK OF ADVERSE CHILD-
 HOOD EXPERIENCES, AS DEFINED IN PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF
 SECTION  TWENTY-D  OF  THIS  CHAPTER,  SHALL  BE ELIGIBLE FOR A RANGE OF
 APPROPRIATE SERVICES AND SUPPORTS, WHICH  SHALL  BE  BENEFICIAL  TO  THE
 HEALTH  AND  WELL-BEING  OF THE YOUTH. SUCH SERVICES SHALL BE CULTURALLY
 COMPETENT, EVIDENCE BASED AND TRAUMA INFORMED AND INCLUDE,  BUT  NOT  BE
 LIMITED  TO  APPROPRIATE  HEALTH  AND BEHAVIORAL HEALTH SERVICES COVERED
 UNDER SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED TEN OF THE PUBLIC
 HEALTH LAW AND SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-FIVE-A  OF
 THIS  ARTICLE;  PREVENTIVE SERVICES PROVIDED PURSUANT TO SUBDIVISION TWO
 OF SECTION FOUR HUNDRED FIFTY-EIGHT-M OF THIS  CHAPTER,  ENHANCEMENT  OF
 PROTECTIVE  FACTORS  AND  ANY  OTHER  SERVICES  NECESSARY TO SERVE YOUTH
 SUFFERING FROM ADVERSE CHILDHOOD EXPERIENCES.
   2. THE OFFICE OF CHILDREN AND FAMILY SERVICES,  IN  CONSULTATION  WITH
 THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE OFFICE OF MENTAL
 HEALTH, THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, THE DEPARTMENT OF
 HEALTH AND NOT-FOR-PROFIT ORGANIZATIONS THAT  HAVE  EXPERTISE  PROVIDING
 SERVICES  TO  INDIVIDUALS  SUFFERING FROM ADVERSE CHILDHOOD EXPERIENCES,
 SHALL DEVELOP OR UTILIZE EXISTING EDUCATIONAL MATERIALS TO  BE  USED  TO
 EDUCATE  PARENTS,  GUARDIANS  AND  OTHER  AUTHORIZED  INDIVIDUALS  ABOUT
 ADVERSE CHILDHOOD EXPERIENCES INCLUDING THE  ENVIRONMENTAL  EVENTS  THAT
 MAY  IMPACT  OR LEAD TO ADVERSE CHILDHOOD EXPERIENCES, THE IMPORTANCE OF
 PROTECTIVE FACTORS AND THE AVAILABILITY OF SERVICES FOR CHILDREN AT RISK
 OF OR SUFFERING FROM ADVERSE CHILDHOOD EXPERIENCES.    SUCH  INFORMATION
 SHALL BE MADE AVAILABLE ELECTRONICALLY AND SHALL BE POSTED ON EACH AGEN-
 CY'S WEBSITE.
   §  3.  Subdivision  7  of  section  390  of the social services law is
 amended by adding a new paragraph (c) to read as follows:
   (C) THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  SHALL  IMPLEMENT  A
 STATEWIDE  CAMPAIGN  TO EDUCATE PARENTS AND OTHER POTENTIAL CONSUMERS OF
 CHILD DAY CARE PROGRAMS ABOUT ADVERSE CHILDHOOD EXPERIENCES, THE  IMPOR-
 TANCE  OF PROTECTIVE FACTORS, AND THE AVAILABILITY OF SERVICES FOR CHIL-
 DREN AT RISK  FOR  OR  EXPERIENCING  ADVERSE  CHILDHOOD  EXPERIENCES  AS
 DEFINED  IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-D OF THIS
 CHAPTER. SUCH STATEWIDE CAMPAIGN, SHALL INCLUDE BUT IS NOT  LIMITED  TO,
 PROVIDING  ALL  LICENSED,  REGISTERED  AND ENROLLED CHILD CARE PROVIDERS
 WITH EDUCATIONAL MATERIALS DEVELOPED  PURSUANT  TO  SUBDIVISION  TWO  OF
 SECTION THREE HUNDRED SEVENTY-C OF THIS CHAPTER. THE EDUCATIONAL MATERI-
 ALS  MAY  BE  MADE  AVAILABLE  ELECTRONICALLY  AND  SHALL BE PROVIDED TO
 PARENTS AND OTHER POTENTIAL CONSUMERS AT THE TIME OF ENROLLMENT AND ONCE
 EVERY SIX MONTHS DURING THE TIME OF THEIR CHILD'S ENROLLMENT.
   § 4. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 59 to read as follows:
   59. THE COMMISSIONER SHALL MAKE AVAILABLE EDUCATIONAL MATERIALS DEVEL-
 OPED  PURSUANT  TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-C OF
 THE SOCIAL SERVICES LAW TO EVERY SCHOOL DISTRICT AND  BOARD  OF  COOPER-
 ATIVE EDUCATIONAL SERVICES FOR THE PURPOSE OF EDUCATING PARENTS, GUARDI-
 ANS  AND  OTHER  AUTHORIZED INDIVIDUALS RESPONSIBLE FOR THE CHILD'S CARE
 ABOUT  ADVERSE  CHILDHOOD  EXPERIENCES,  THE  IMPORTANCE  OF  PROTECTIVE
 FACTORS,  AND  THE  AVAILABILITY OF SERVICES FOR CHILDREN AT RISK FOR OR
 EXPERIENCING  ADVERSE  CHILDHOOD  EXPERIENCES.  THE  COMMISSIONER  SHALL
 PROVIDE THAT SUCH EDUCATIONAL MATERIALS ARE MADE AVAILABLE ONLINE PURSU-

 A. 3006--B                         73

 ANT  TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-C OF THE SOCIAL
 SERVICES LAW.
   §  5.  The public health law is amended by adding a new section 2509-c
 to read as follows:
   § 2509-C. AVAILABILITY  OF  ADVERSE  CHILDHOOD  EXPERIENCES  SERVICES.
 EVERY  PEDIATRICS  HEALTHCARE  PROVIDER LICENSED PURSUANT TO ARTICLE ONE
 HUNDRED THIRTY-ONE OF THE EDUCATION LAW SHALL BE REQUIRED TO PROVIDE THE
 PARENT, GUARDIAN, CUSTODIAN OR OTHER AUTHORIZED INDIVIDUAL  OF  A  CHILD
 THAT  THE PEDIATRICIAN SEES IN THEIR OFFICIAL CAPACITY, WITH EDUCATIONAL
 MATERIALS DEVELOPED PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED
 SEVENTY-C OF THE SOCIAL SERVICES LAW. SUCH  MATERIALS  MAY  BE  PROVIDED
 ELECTRONICALLY  AND  SHALL  BE  USED  TO  INFORM  AND EDUCATE THEM ABOUT
 ADVERSE CHILDHOOD EXPERIENCES, THE IMPORTANCE OF PROTECTIVE FACTORS  AND
 THE  AVAILABILITY  OF  SERVICES FOR CHILDREN AT RISK FOR OR EXPERIENCING
 ADVERSE CHILDHOOD EXPERIENCES.
   § 6. Paragraph (a) of subdivision 2  of  section  422  of  the  social
 services  law, as amended by chapter 357 of the laws of 2014, is amended
 to read as follows:
   (a) The central register shall be capable of receiving telephone calls
 alleging child abuse or  maltreatment  and  of  immediately  identifying
 prior  reports  of child abuse or maltreatment and capable of monitoring
 the provision of child protective service twenty-four hours a day, seven
 days a week. To effectuate this purpose, but subject to  the  provisions
 of  the  appropriate  local  plan  for the provision of child protective
 services, there shall be a single statewide telephone  number  that  all
 persons,  whether  mandated by the law or not, may use to make telephone
 calls alleging child abuse or  maltreatment  and  that  all  persons  so
 authorized  by this title may use for determining the existence of prior
 reports in order to evaluate the condition or circumstances of a  child.
 In  addition  to the single statewide telephone number, there shall be a
 special unlisted express telephone  number  and  a  telephone  facsimile
 number  for use only by persons mandated by law to make telephone calls,
 or to transmit telephone facsimile information on a form provided by the
 commissioner of children and family services, alleging  child  abuse  or
 maltreatment, and for use by all persons so authorized by this title for
 determining  the  existence  of  prior  reports in order to evaluate the
 condition or circumstances of a child. When any allegations contained in
 such telephone calls UTILIZING PROTOCOLS THAT WOULD REMOVE IMPLICIT BIAS
 FROM THE DECISION  MAKING  PROCESS  IN  DETERMINING  WHICH  CALLS  could
 reasonably  constitute  a  report  of  child abuse or maltreatment, such
 allegations and any previous reports to the central  registry  involving
 the  subject  of such report or children named in such report, including
 any previous report containing allegations of child abuse and  maltreat-
 ment  alleged  to  have  occurred in other counties and districts in New
 York state shall be immediately transmitted orally or electronically  by
 the  office  of  children  and  family services to the appropriate local
 child protective service for investigation. The inability of the  person
 calling  the  register  to identify the alleged perpetrator shall, in no
 circumstance, constitute the sole cause for the register to reject  such
 allegation or fail to transmit such allegation for investigation. If the
 records  indicate  a previous report concerning a subject of the report,
 the child alleged to be abused or maltreated, a sibling, other  children
 in  the  household, other persons named in the report or other pertinent
 information, the appropriate local child  protective  service  shall  be
 immediately  notified  of the fact. If the report involves either (i) an
 allegation of an abused child described in paragraph (i), (ii) or  (iii)

 A. 3006--B                         74
 
 of  subdivision  (e)  of section one thousand twelve of the family court
 act or sexual abuse of a child or the death of a child or (ii) suspected
 maltreatment which alleges any physical harm when the report is made  by
 a person required to report pursuant to section four hundred thirteen of
 this  title  within  six months of any other two reports that were indi-
 cated, or may still be pending, involving the same  child,  sibling,  or
 other children in the household or the subject of the report, the office
 of  children  and  family services shall identify the report as such and
 note any prior reports when transmitting the report to the  local  child
 protective services for investigation.
   §  7.  Paragraph  (c)  of  subdivision  2 of section 421 of the social
 services law, as amended by section 2 of part R of  chapter  56  of  the
 laws of 2020, is amended to read as follows;
   (c)  issue guidelines to assist local child protective services in the
 interpretation and assessment of reports of abuse and maltreatment  made
 to  the  statewide  central  register  described in section four hundred
 twenty-two of this article. Such guidelines shall  include  information,
 standards  and  criteria  for  the identification of evidence of alleged
 abuse and maltreatment as required to determine whether a report may  be
 indicated  pursuant  to  this article.   PROVIDED FURTHER, THE OFFICE OF
 CHILDREN AND FAMILY SERVICES SHALL UPDATE SUCH GUIDELINES, STANDARDS AND
 CRITERIA ISSUED TO  THE  LOCAL  CHILD  PROTECTIVE  SERVICES  TO  INCLUDE
 PROTOCOLS  TO  REMOVE  IMPLICIT  BIAS  IN THE DECISION-MAKING PROCESSES,
 STRATEGIES FOR IDENTIFYING ADVERSE CHILDHOOD EXPERIENCES AS  DEFINED  IN
 PARAGRAPH  (C)  OF  SUBDIVISION ONE OF SECTION TWENTY-D OF THIS CHAPTER,
 AND GUIDELINES TO ASSIST IN RECOGNIZING SIGNS OF ABUSE  OR  MALTREATMENT
 WHILE  INTERACTING VIRTUALLY.   THE OFFICE MAY UTILIZE EXISTING PROGRAMS
 OR MATERIALS ESTABLISHED PURSUANT TO SECTION TWENTY-D OF  THIS  CHAPTER.
 INDIVIDUALS CONSIDERED TO BE A MANDATED REPORTER PURSUANT TO SUBDIVISION
 ONE  OF  SECTION  FOUR  HUNDRED THIRTEEN OF THIS TITLE, SHALL HAVE THREE
 YEARS FROM  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  TWO  THOU-
 SAND  TWENTY-ONE  THAT  AMENDED  THIS PARAGRAPH, TO RECEIVE SUCH UPDATED
 MANDATED REPORTER TRAINING.
   § 8. Section 413 of the social services law is amended by adding a new
 subdivision 5 to read as follows:
   5. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF  SUSPECTED  CHILD
 ABUSE  OR  MALTREATMENT  PURSUANT  TO  THIS SECTION SHALL BE REQUIRED TO
 RECEIVE UPDATED TRAINING PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF
 SECTION FOUR HUNDRED TWENTY-ONE OF THIS TITLE.
   § 9. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law,  provided, however, that section eight of this act
 shall expire and be deemed repealed three years after the effective date
 of this act.
 
                                 SUBPART B
 
   Section 1. Subdivision 7 of section 2510 of the public health law,  as
 amended  by  chapter  428  of  the  laws  of 2013, is amended to read as
 follows:
   7. "Covered health care services" means: the services  of  physicians,
 optometrists,  nurses,  nurse  practitioners, midwives and other related
 professional personnel  which  are  provided  on  an  outpatient  basis,
 including  routine well-child visits; diagnosis and treatment of illness
 and injury; EARLY AND PERIODIC SCREENING, DIAGNOSIS  AND  TREATMENT  (AS
 PROVIDED  UNDER MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF ARTICLE FIVE OF
 THE SOCIAL SERVICES LAW); inpatient  health  care  services;  laboratory

 A. 3006--B                         75
 
 tests;  diagnostic  x-rays;  prescription and non-prescription drugs and
 durable medical equipment; radiation therapy;  chemotherapy;  hemodialy-
 sis;  outpatient blood clotting factor products and other treatments and
 services  furnished  in connection with the care of hemophilia and other
 blood clotting protein deficiencies; emergency  room  services;  hospice
 services;  emergency,  preventive  and  routine  dental  care, including
 medically necessary orthodontia but excluding cosmetic surgery; emergen-
 cy, preventive and routine vision care, including eyeglasses; speech and
 hearing services; and, inpatient and outpatient mental  health,  alcohol
 and  substance  [abuse]  USE  services as defined by the commissioner in
 consultation with the superintendent, BUT SHALL INCLUDE EARLY AND  PERI-
 ODIC   SCREENING,   DIAGNOSIS  AND  TREATMENT  UNDER  THIS  SUBDIVISION.
 "Covered health care services" shall not include drugs,  procedures  and
 supplies  for the treatment of erectile dysfunction when provided to, or
 prescribed for use by, a person who is required to  register  as  a  sex
 offender  pursuant to article six-C of the correction law, provided that
 any denial of coverage of  such  drugs,  procedures  or  supplies  shall
 provide  the  patient with the means of obtaining additional information
 concerning both the denial and the means of challenging such denial.
   § 2. This act shall take effect immediately.
   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or  part contained in any subpart 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
 by  confined in its operation to the clause, sentence, paragraph, subdi-
 vision, section or  part  contained  in  any  subpart  thereof  directly
 involved  in  the  controversy  in  which  such judgment shall have been
 rendered. It is hereby declared to be the intent of the legislature that
 this act would have been enacted even if such invalid provisions had not
 been included herein.
   § 3. This act shall take effect immediately, provided,  however,  that
 the  applicable  effective date of Subparts A and B of this act shall be
 as specifically set forth in the last section of such Subparts.
 
                                  PART II
 
   Section 1. Section 398-a of the social  services  law  is  amended  by
 adding a new subdivision 6 to read as follows:
   (6)  ANY  FEDERAL PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS FUNDING
 OR OTHER EXTRAORDINARY FEDERAL FUNDING, AS DETERMINED BY THE  OFFICE  OF
 CHILDREN  AND  FAMILY  SERVICES,  RECEIVED  BY  AN  AUTHORIZED AGENCY AS
 DEFINED IN SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF  THIS
 ARTICLE,  SHALL  BE  DISREGARDED WHEN CALCULATING THE  MAXIMUM STATE AID
 RATE WHEN SUCH FUNDING IS  UTILIZED  FOR  ALLOWABLE  COSTS  INCURRED  IN
 RESPONDING  TO  THE  STATE  OF  EMERGENCY THAT WAS DECLARED IN EXECUTIVE
 ORDER TWO HUNDRED TWO ON MARCH SEVENTH, TWO THOUSAND  TWENTY.  ALLOWABLE
 EXPENSES SHALL INCLUDE, BUT ARE NOT LIMITED TO EXPENSES INCURRED RELATED
 TO  PANDEMIC  RELATED EXPENSES AS WELL AS EXPENSES RELATED TO OFFSETTING
 LOST REVENUE DUE TO A REDUCTION IN PLACEMENTS DUE TO THE NOVEL CORONAVI-
 RUS (COVID-19) PANDEMIC. PROVIDED FURTHER, THE OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES  SHALL HOLD HARMLESS PROSPECTIVE MAXIMUM STATE AID RATE
 FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO RATE  YEAR  AND
 SUBSEQUENT  APPLICABLE  RATE  YEARS  TO REFLECT THE IMPACT OF RECEIPT OF
 SUCH EXTRAORDINARY FEDERAL REVENUE.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed 5 years after such date.

 A. 3006--B                         76
 
                                  PART JJ
 
   Section  1.  The public housing law is amended by adding a new section
 20-a to read as follows:
   § 20-A. AFFORDABLE HOUSING FIVE-YEAR CAPITAL PLAN. 1. FOR  THE  FISCAL
 YEAR  COMMENCING ON APRIL FIRST, TWO THOUSAND TWENTY-TWO AND EVERY FIFTH
 FISCAL YEAR THEREAFTER, THE GOVERNOR SHALL SUBMIT TO THE LEGISLATURE, AS
 PART OF THE ANNUAL EXECUTIVE BUDGET, A STATEWIDE COMPREHENSIVE FIVE-YEAR
 CAPITAL PLAN  TO  SUPPORT  THE  DEVELOPMENT,  PRESERVATION  AND  CAPITAL
 IMPROVEMENT OF AFFORDABLE HOUSING IN NEW YORK STATE.
   2.  THE  STATEWIDE COMPREHENSIVE FIVE-YEAR CAPITAL PLAN TO SUPPORT THE
 DEVELOPMENT, PRESERVATION AND CAPITAL IMPROVEMENT OF AFFORDABLE  HOUSING
 IN  NEW  YORK STATE REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
 SHALL BE DEVELOPED IN CONSULTATION WITH ANY STATE DEPARTMENT, AGENCY  OR
 PUBLIC  AUTHORITY  WHICH ADMINISTERS AND/OR PLANS FOR THE DEVELOPMENT OF
 ANY PROGRAM INTENDED TO PROVIDE SUITABLE  HOUSING  ACCOMMODATIONS  WHICH
 MAY FALL UNDER THE PURVIEW OF THE CAPITAL PLAN AND SHALL PROVIDE FOR, AT
 A MINIMUM: THE DEVELOPMENT OF SUPPORTIVE HOUSING UNITS; THE PRESERVATION
 AND/OR  CAPITAL IMPROVEMENT OF PUBLIC HOUSING UNITS OF THE NEW YORK CITY
 HOUSING AUTHORITY AND OTHER PUBLIC HOUSING AUTHORITIES IN THE STATE; THE
 DEVELOPMENT AND/OR REHABILITATION  OF  AFFORDABLE  HOUSING  TARGETED  TO
 LOW-INCOME  SENIORS;  THE  REHABILITATION  OF SITE-SPECIFIC MULTI-FAMILY
 RENTAL HOUSING CURRENTLY UNDER A REGULATORY AGREEMENT  OR  EXTENDED  USE
 AGREEMENT  WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR ANOTHER
 STATE, FEDERAL OR LOCAL HOUSING AGENCY; THE PRESERVATION AND/OR  CAPITAL
 IMPROVEMENT OF MITCHELL-LAMA PROPERTIES; THE PROMOTION OF HOME OWNERSHIP
 AMONG  FAMILIES  OF  LOW-  AND  MODERATE-INCOME;  AND  THE REPAIR AND/OR
 REPLACEMENT OF MOBILE AND MANUFACTURED HOMES. SUCH PLAN  SHALL,  TO  THE
 GREATEST  EXTENT  POSSIBLE:  PROVIDE  FOR  BOTH RENTAL AND HOMEOWNERSHIP
 OPPORTUNITIES AFFORDABLE TO LOW- AND MODERATE-INCOME  HOUSEHOLDS  ACROSS
 THE  STATE; ADDRESS AREAS AND POPULATIONS WITH CRITICAL AFFORDABLE HOUS-
 ING NEEDS; AND ADVANCE THE  SPECIFIC  HOUSING  PRIORITIES  OF  NEW  YORK
 STATE.
   3.  ON  OR  BEFORE  SEPTEMBER FIRST, TWO THOUSAND TWENTY-TWO AND ON OR
 BEFORE SEPTEMBER FIRST ANNUALLY  THEREAFTER,  AND  ON  OR  BEFORE  MARCH
 FIRST,  TWO  THOUSAND TWENTY-THREE AND ON OR BEFORE MARCH FIRST ANNUALLY
 THEREAFTER, THE GOVERNOR SHALL, AS PART OF THE  STATEWIDE  COMPREHENSIVE
 FIVE-YEAR  CAPITAL  PLAN  TO  SUPPORT  THE DEVELOPMENT, PRESERVATION AND
 CAPITAL IMPROVEMENT OF AFFORDABLE HOUSING IN  NEW  YORK  STATE  REQUIRED
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND IN CONSULTATION WITH THE
 COMMISSIONER  OF HOUSING AND COMMUNITY RENEWAL, SUBMIT AND MAKE PUBLICLY
 AVAILABLE TO THE LEGISLATURE AND ON THE DIVISION'S  WEBSITE  INFORMATION
 SUMMARIZING  THE  ACTIVITIES  UNDERTAKEN  PURSUANT  TO  THE FUNDING MADE
 AVAILABLE IN THE ENACTED AFFORDABLE HOUSING CAPITAL PLAN. SUCH  INFORMA-
 TION  SHALL  BE  CUMULATIVE  AND  SHALL INCLUDE AN ITEMIZED LIST OF EACH
 PROJECT UTILIZING FUNDS APPROPRIATED BY THE AFFORDABLE  HOUSING  CAPITAL
 PLAN  SUBSEQUENT TO THE ENACTMENT OF THE CAPITAL PLAN, INCLUDING A BRIEF
 DESCRIPTION OF THE PROJECT, STREET ADDRESS, COUNTY, AWARDEE, TOTAL BUDG-
 ET, AMOUNT OF CAPITAL SUBSIDY APPROPRIATED  BY  THE  AFFORDABLE  HOUSING
 CAPITAL  PLAN,  RELEVANT SECTION OF THE AFFORDABLE HOUSING CAPITAL PLAN,
 BONDED OR CASH, AMOUNT OF EACH ADDITIONAL PUBLIC FUNDING SOURCE, FUNDING
 PROGRAM, NUMBER OF UNITS, AREA MEDIAN INCOME REQUIREMENTS IF APPLICABLE,
 MONTH AND YEAR CONSTRUCTION WILL COMMENCE, PROJECTED DATE OF  OCCUPANCY,
 AND  PROJECT PHASE (IN DEVELOPMENT, ENGINEERING, CONSTRUCTION, COMPLETE,
 DEFUNDED).
   § 2. This act shall take effect immediately.

 A. 3006--B                         77
 
                                  PART KK
 
   Section   1. Subdivision (h) of section 4 of part A-4 of chapter 58 of
 the laws of 2006 enacting the "city of   Syracuse    and  the  board  of
 education  of  the  city school district of the city of Syracuse cooper-
 ative school reconstruction act", as amended by chapter 459 of the  laws
 of 2013, is amended to read as follows:
   (h) "Project" shall mean work at an existing school building site that
 involves  the  design,  reconstruction, or rehabilitation of an existing
 school building for its continued use as a school  of  the  city  school
 district,  which  may include an addition to an existing school building
 for such continued use at a cost, for such addition,  of,  for  projects
 identified  in subdivision (a) of section five of this act, no more than
 nine million dollars, and, for projects identified  in  subdivision  (b)
 AND  (C)  of  section  five  of  this  act,  no more than twenty million
 dollars, and which also may  include  (1)  the  construction  or  recon-
 struction of athletic fields, playgrounds, and other recreational facil-
 ities  for such existing school building, and/or (2) the acquisition and
 installation of all equipment necessary and attendant to and for the use
 of such existing school building and/or the  acquisition  of  additional
 real property necessary for the project.
   §  2. Section 5 of part A-4 of chapter 58 of the laws of 2006 enacting
 the "city of Syracuse and the board of  education  of  the  city  school
 district of the city of Syracuse cooperative school reconstruction act",
 as  amended  by  chapter  9  of  the laws of 2014, is amended to read as
 follows:
   § 5. (a) No more than seven projects, one each  at  the  Central  High
 School,  the  Blodgett  School,  the  Shea Middle School, the H.W. Smith
 Elementary School, the Clary Middle School,  the  Dr.  Weeks  Elementary
 School  and  the  Fowler  High School, up to a total cost of two hundred
 twenty-five million dollars; and (b) no more than twenty projects  which
 shall  be  located  at  the Bellevue Elementary School, the Clary Middle
 School, the Corcoran High School, the Danforth Middle School, the Edward
 Smith K-8 School, the Expeditionary Learning Middle School,  the  Fowler
 High  School,  the Frazer K-8 School, the Grant Middle School, the Grey-
 stone Building, the Henninger High School, the  Huntington  K-8  School,
 the  Nottingham  High  School,  the  Shea Middle School and the Westside
 Academy at Blodgett, up  to  a  total  cost  of  three  hundred  million
 dollars; AND (C) NO MORE THAN 10 PROJECTS, WHICH SHALL BE LOCATED AT THE
 STEM  AT  BLODGETT MIDDLE SCHOOL, THE CORCORAN HIGH SCHOOL, THE DELAWARE
 PRIMARY SCHOOL, THE HENNINGER HIGH SCHOOL, THE  SYRACUSE  LATIN  SCHOOL,
 THE  LINCOLN  MIDDLE  SCHOOL,  THE  NOTTINGHAM  HIGH SCHOOL, THE ROBERTS
 PREK-8 SCHOOL, THE SEYMOUR DUAL LANGUAGE ACADEMY AND THE WEBSTER ELEMEN-
 TARY SCHOOL, UP TO A TOTAL COST OF THREE HUNDRED MILLION DOLLARS,  shall
 be  authorized  and  undertaken  pursuant  to this act, unless otherwise
 authorized by law.
   § 3. Sections 6 and 7 of part A-4 of chapter 58 of the  laws  of  2006
 enacting  the  "city  of Syracuse and the board of education of the city
 school district of  the  city  of  Syracuse  cooperative  school  recon-
 struction  act",  as  amended  by  chapter  459 of the laws of 2013, are
 amended to read as follows:
   § 6. (1) Before formal selection of the projects identified in  subdi-
 vision  (a)  of  section  five  of  this act occurs, the JSC board shall
 develop a comprehensive plan recommending and outlining the projects  it
 proposes  to  be  potentially undertaken pursuant to this act. Such plan
 shall include: (a) an estimate of total costs to be  financed,  proposed

 A. 3006--B                         78
 
 financing  plan,  proposed  method of financing, terms and conditions of
 the financing, estimated financing costs, and,  if  city  general  obli-
 gation  bonds  or  notes  are not proposed as the method of financing, a
 comparison  of  financing  costs  between  such  bonds  or notes and the
 proposed method of financing. The plan should also address what specific
 options would be used to ensure that sufficient resources exist to cover
 the local share of any such project cost on an annual basis; (b)  infor-
 mation  concerning the potential persons to be involved in the financing
 and such person's  role  and  responsibilities;  (c)  estimates  on  the
 design, reconstruction and rehabilitation costs by project, any adminis-
 trative  costs  for potential projects, and an outline of the time-frame
 expected for completion  of  each  potential  project;  (d)  a  detailed
 description  of  the request for proposals process and an outline of the
 criteria to be used  for  selection  of  the  program  manager  and  all
 contractors;  (e)  any proposed amendments to the city school district's
 five year capital facilities plan submitted in accordance with  subdivi-
 sion  6  of section 3602 of the education law and the regulations of the
 commissioner; and (f) a diversity plan, in compliance  with  subdivision
 (b)  of section eight of this act, to develop diversity goals, including
 appropriate community input and public discussion, and  develop  strate-
 gies  that  would  create  and  coordinate  any efforts to ensure a more
 diverse workforce for the projects. The diversity  plan  should  address
 accountability  for  attainment  of  the  diversity goals, what forms of
 monitoring would be used, and how such  information  would  be  publicly
 communicated.
   Prior  to  the  development  of  the comprehensive plan, the JSC board
 shall hold as many public hearings as may be necessary to ensure  suffi-
 cient  public  input  and allow for significant public discussion on the
 school building needs in such city, with at least one hearing to be held
 in each neighborhood potentially impacted by a proposed project.
   The JSC board shall submit the components of such  comprehensive  plan
 outlined  in  paragraph  (a)  of  subdivision one of this section to the
 comptroller, along with any other information  requested  by  the  comp-
 troller, for his or her review and approval.
   (2)  Before  formal  selection of the projects pursuant to subdivision
 (b) AND (C) of section five of this act occurs, the city school district
 shall provide to the JSC board a comprehensive draft  plan  recommending
 and  outlining  the  projects  it  proposes to be potentially undertaken
 pursuant to this act. Such plan  will  be  subject  to  the  review  and
 approval  of  the  JSC board and shall include: (a) an estimate of total
 costs to be  financed,  proposed  financing  plan,  proposed  method  of
 financing,  terms  and  conditions of the financing, estimated financing
 costs, and, if city general obligation bonds or notes are  not  proposed
 as the method of financing, a comparison of financing costs between such
 bonds  or  notes  and  the proposed method of financing. The plan should
 also address what specific options would be used to ensure  that  suffi-
 cient  resources exist to cover the local share of any such project cost
 on an annual basis; (b) information concerning the potential persons  to
 be  involved  in  the  financing and such person's role and responsibil-
 ities; (c) estimates on the design,  reconstruction  and  rehabilitation
 costs  by  project, any administrative costs for potential projects, and
 an outline of the time-frame expected for completion of  each  potential
 project; (d) a detailed description of the request for proposals process
 and  an  outline of the criteria to be used for selection of the program
 manager and all contractors; (e) any proposed  amendments  to  the  city
 school district's five year capital facilities plan submitted in accord-

 A. 3006--B                         79
 
 ance  with  subdivision  6  of section 3602 of the education law and the
 regulations of the commissioner; and (f) a diversity plan, in compliance
 with subdivision (b) of section eight of this act, to develop  diversity
 goals,  including appropriate community input and public discussion, and
 develop strategies that would  create  and  coordinate  any  efforts  to
 ensure  a  more  diverse  workforce for the projects. The diversity plan
 should address accountability for attainment  of  the  diversity  goals,
 what  forms  of monitoring would be used, and how such information would
 be publicly communicated.
   As part of the development  of  the  comprehensive  plan,  the  school
 district  shall  hold  as  many  public  hearings as may be necessary to
 ensure  sufficient  public  input  and  allow  for  significant   public
 discussion  on the school building needs in such city, with at least one
 hearing to be held  in  each  neighborhood  potentially  impacted  by  a
 proposed project.
   The  JSC  board shall submit the components of such comprehensive plan
 outlined in paragraph (a) of subdivision two  of  this  section  to  the
 comptroller,  along  with  any  other information requested by the comp-
 troller, for his or her review and approval.
   § 7. (a) Notwithstanding any general, special  or  local  law  to  the
 contrary and upon approval by the comptroller pursuant to section six of
 this  act,  the  city  school  district may select projects, pursuant to
 subdivision (a) of section five of this act to be undertaken pursuant to
 this act, as provided for in such approved comprehensive plan. After the
 city school district has selected a new project and plans and specifica-
 tions for such project have been  prepared  and  approved  by  the  city
 school  district,  which  are consistent with the approved comprehensive
 plan, the city school district shall deliver such plans  and  specifica-
 tions  to the city, for approval by such city, acting through the common
 council, and after the common council has approved such plans and  spec-
 ifications,  the  city shall deliver them to the commissioner for his or
 her approval.  After approval by the commissioner, the plans  and  spec-
 ifications  shall  be  returned  to  the  city  school district and such
 district shall then deliver them to the JSC board. All  such  specifica-
 tions  shall  detail  the  number  of  students the completed project is
 intended to serve, the site description, the types  of  subjects  to  be
 taught,  the types of activities for school, recreational, social, safe-
 ty, or other purposes intended to be incorporated in the school building
 or on its site and such other information as the city  school  district,
 the  city, the common council, and the commissioner shall deem necessary
 or advisable.
   (b) Notwithstanding any general, special or local law to the  contrary
 and  upon  approval  by  the comptroller pursuant to section six of this
 act, the city school district may select projects, pursuant to  subdivi-
 sion  (b)  AND (C) of section five of this act to be undertaken pursuant
 to this act, as provided for in such approved comprehensive plan.  After
 the  city school district has selected a new project and plans and spec-
 ifications for such project have been prepared and approved by the  city
 school  district  in  consultation  with  the  city  engineer, which are
 consistent  with  the  approved  comprehensive  plan,  the  city  school
 district shall deliver such plans and specifications to the commissioner
 for  his  or her approval. After approval by the commissioner, the plans
 and specifications shall be delivered to the JSC board. All  such  spec-
 ifications  shall detail the number of students the completed project is
 intended to serve, the site description, the types  of  subjects  to  be
 taught,  the types of activities for school, recreational, social, safe-

 A. 3006--B                         80
 
 ty, or other purposes intended to be incorporated in the school building
 or on its site and such other information as the city  school  district,
 the  city  engineer, and the commissioner shall deem necessary or advis-
 able.
   (c) Notwithstanding any other provision of law to the contrary, if the
 total  project  cost associated with the projects authorized pursuant to
 subdivision (b) AND (C) of section five of this act  exceeds  the  esti-
 mated  total  project  cost  of  300 million dollars, then the JSC board
 shall report such  information,  along  with  explanatory  documentation
 regarding  the  increase  in  cost,  to the governor, the New York state
 comptroller, the commissioner, the temporary president of the senate and
 the speaker of the assembly.
   (d) Notwithstanding any other provision of law to  the  contrary,  the
 JSC  board shall submit estimated project costs for the projects author-
 ized pursuant to subdivision (b) AND (C) of section  five  of  this  act
 after the completion of schematic plans and specifications for review by
 the  commissioner.  If  the  total  project  costs  associated with such
 projects exceed the sum of the estimated individual approved cost allow-
 ance of each building project by more than  the  lesser  of  30  million
 dollars  or  ten  percent  of  the  approved  costs, and the city school
 district has not otherwise demonstrated to the satisfaction of  the  New
 York  state  education  department  the availability of additional local
 shares for such excess costs, then the JSC board shall not proceed  with
 the  preparation  of  final  plans  and specifications for such projects
 until the projects have been redesigned or  value-engineered  to  reduce
 estimated project costs so as not to exceed the above cost limits.
   (e)  Notwithstanding  any  other provision of law to the contrary, the
 JSC board shall submit estimated project costs for the projects  author-
 ized  pursuant  to  subdivision  (b) AND (C) of section five of this act
 after the completion of fifty percent of the final plans and  specifica-
 tions for review by the commissioner. If the total project costs associ-
 ated  with  such  projects  exceed  the  sum of the estimated individual
 approved cost allowance of each building project by more than the lesser
 of 30 million dollars or ten percent of the approved costs, and the city
 school district has not otherwise demonstrated to  the  satisfaction  of
 the  New  York state education department the availability of additional
 local share for such excess costs, then the JSC board shall not  proceed
 with  the  completion  of  the  remaining fifty percent of the plans and
 specifications for such projects until the projects have been redesigned
 or value-engineered to reduce estimated  project  costs  so  as  not  to
 exceed the above cost limits.
   §  4.  Subdivision  (a) of section 10 of part A-4 of chapter 58 of the
 laws of 2006 enacting the "city of Syracuse and the board  of  education
 of  the  city school district of the city of Syracuse cooperative school
 reconstruction act", as amended by chapter 459 of the laws of 2013,  are
 amended to read as follows:
   (a)  The JSC board may require a contractor awarded a public contract,
 subcontract or other agreement for a project to  enter  into  a  project
 labor  agreement during and for the work involved with such project when
 such requirement is part of  the  JSC  board's  specifications  for  the
 project and when the JSC board determines that the record supporting the
 decision  to  enter into such an agreement establishes that it is justi-
 fied by the interests underlying the competitive bidding laws.  In addi-
 tion, the JSC board may choose to extend  the  project  labor  agreement
 entered  into  for  the  first  OR  SECOND phase of the JSC construction

 A. 3006--B                         81
 
 projects  to  the  projects  authorized  herein,  contingent  upon   the
 completion of a supplemental project labor agreement benefits analysis.
   § 5. Section 11 of part A-4 of chapter 58 of the laws of 2006 enacting
 the  "city of Syracuse and the board of  education  of  the  city school
 district   of the city of  Syracuse  cooperative  school  reconstruction
 act",  as amended by chapter 459 of the laws of 2013, is amended to read
 as follows:
   § 11. (a) All contracts entered into by the  JSC  board  for  projects
 pursuant to subdivision (a) of section five of this act shall be managed
 by  an  independent  program  manager.  Selection of the program manager
 shall be pursuant to the  competitive  process  established  in  section
 seven  of  this act.  The program manager shall have experience in plan-
 ning, designing, and constructing  new  and/or  reconstructing  existing
 school  buildings,  public  facilities,  commercial  facilities,  and/or
 infrastructure facilities, and in  the  negotiation  and  management  of
 labor contracts and agreements, training programs, educational programs,
 and  physical  technological  requirements for educational programs. The
 program manager shall manage all projects undertaken pursuant to  subdi-
 vision (a) of section five of this act, review project schedules, review
 payment schedules, prepare cost estimates and assess the safety programs
 of  contractors  and  all  training  programs,  if required. The program
 manager shall implement procedures for verification by it that all  work
 for which payment has been requested has been satisfactorily completed.
   (b)  All  construction  and  design  contracts entered into by the JSC
 board for projects pursuant to subdivision (b) of section five  of  this
 act  shall  be managed by the city engineer in agreement with the school
 district or, at the discretion of the JSC board, an independent  program
 manager  or  construction  managers  selected  for one or more projects.
 Selection of the program manager  and/or  the  construction  manager  or
 managers  shall  be  pursuant  to  a  competitive process established in
 accordance with the city's standard request for proposals process  using
 the  JSC  board  as  the  approving governing body instead of the common
 council for such contract awards. The program manager shall have experi-
 ence in planning, designing, and constructing new and/or  reconstructing
 existing  school buildings in New York state, public facilities, commer-
 cial facilities, and/or infrastructure facilities, and  in  the  negoti-
 ation  and  management  of  labor  contracts  and  agreements,  training
 programs, educational programs, and physical technological  requirements
 for  educational programs. The program manager shall manage all projects
 assigned by the JSC board to the program manager and undertaken pursuant
 to subdivision (b) of section five of this act,  review  project  sched-
 ules,  review  payment  schedules, prepare cost estimates and assess the
 safety programs of contractors and all training programs,  if  required.
 The  program  manager  shall implement procedures for verification by it
 that all work for which payment has been requested  has  been  satisfac-
 torily  completed.   Provided, however, that the JSC board may choose to
 utilize the services of an independent construction manager  at  one  or
 more  of  the  projects  to  be authorized herein with said construction
 manager managing the project within the management plan set forth by the
 independent program manager and the JSC board.
   (c) ALL CONSTRUCTION AND DESIGN CONTRACTS  ENTERED  INTO  BY  THE  JSC
 BOARD  FOR PROJECTS PURSUANT TO SUBDIVISION (C) OF SECTION FIVE  OF THIS
 ACT SHALL BE MANAGED BY THE CITY ENGINEER IN AGREEMENT WITH  THE  SCHOOL
 DISTRICT  OR, AT THE DISCRETION OF THE JSC BOARD, AN INDEPENDENT PROGRAM
 MANAGER OR CONSTRUCTION MANAGERS SELECTED  FOR  ONE  OR  MORE  PROJECTS.
 SELECTION  OF  THE  PROGRAM  MANAGER AND/OR THE CONSTRUCTION  MANAGER OR

 A. 3006--B                         82
 
 MANAGERS SHALL BE PURSUANT  TO  A  COMPETITIVE  PROCESS  ESTABLISHED  IN
 ACCORDANCE  WITH THE CITY'S STANDARD REQUEST FOR PROPOSALS PROCESS USING
 THE JSC BOARD AS THE APPROVING GOVERNING  BODY  INSTEAD  OF  THE  COMMON
 COUNCIL FOR SUCH CONTRACT AWARDS. THE PROGRAM MANAGER SHALL HAVE EXPERI-
 ENCE  IN PLANNING, DESIGNING, AND CONSTRUCTING NEW AND/OR RECONSTRUCTING
 EXISTING  SCHOOL BUILDINGS IN NEW YORK STATE, PUBLIC FACILITIES, COMMER-
 CIAL FACILITIES, AND/OR INFRASTRUCTURE FACILITIES, AND  IN  THE  NEGOTI-
 ATION  AND  MANAGEMENT  OF  LABOR  CONTRACTS  AND  AGREEMENTS,  TRAINING
 PROGRAMS, EDUCATIONAL PROGRAMS, PHYSICAL TECHNOLOGICAL REQUIREMENTS  FOR
 EDUCATIONAL PROGRAMS AND KNOWLEDGE OF STATE EDUCATION DEPARTMENT FACILI-
 TIES  PLANNING  AND BUILDING AID REQUIREMENTS. THE PROGRAM MANAGER SHALL
 MANAGE ALL PROJECTS ASSIGNED BY THE JSC BOARD TO THE PROGRAM MANAGER AND
 UNDERTAKEN PURSUANT TO SUBDIVISION (C) OF  SECTION  FIVE  OF  THIS  ACT,
 REVIEW    PROJECT SCHEDULES,   REVIEW   PAYMENT  SCHEDULES, PREPARE COST
 ESTIMATES AND ASSESS THE SAFETY PROGRAMS OF CONTRACTORS AND ALL TRAINING
 PROGRAMS,  IF REQUIRED.  THE PROGRAM MANAGER SHALL IMPLEMENT  PROCEDURES
 FOR  VERIFICATION  BY  IT  THAT  ALL  WORK  FOR  WHICH  PAYMENT HAS BEEN
 REQUESTED  HAS  BEEN SATISFACTORILY COMPLETED. PROVIDED,  HOWEVER,  THAT
 THE  JSC  BOARD  MAY  CHOOSE  TO  UTILIZE THE SERVICES OF AN INDEPENDENT
 CONSTRUCTION MANAGER AT ONE OR MORE OF THE  PROJECTS  TO  BE  AUTHORIZED
 HEREIN  WITH  SAID  CONSTRUCTION MANAGER MANAGING THE PROJECT WITHIN THE
 MANAGEMENT PLAN SET FORTH BY THE INDEPENDENT PROGRAM MANAGER AND THE JSC
 BOARD.
   (D) The program manager, and its affiliates or subsidiaries,  if  any,
 shall  be  prohibited from awarding contracts or being awarded contracts
 for or performing any work on projects undertaken pursuant to this act.
   § 6. Section 19 of part A-4 of chapter 58 of the laws of 2006 enacting
 the "city of Syracuse and the board of  education  of  the  city  school
 district of the city of Syracuse cooperative school reconstruction act",
 as  amended  by  chapter  459 of the laws of 2013, is amended to read as
 follows:
   §  19.  (a)  On  January  15,  2007  and  annually  thereafter,  until
 completion  of  the  projects  authorized  pursuant to this act, the JSC
 board shall issue a report to the governor, the comptroller, the commis-
 sioner, the temporary president of the senate, the speaker of the assem-
 bly, the city, the common council and the city school  district  on  the
 progress  and  status  of  the  projects  undertaken  by  the JSC board.
 Provided further, that if any such entities request information  on  the
 progress  and  status  of the projects prior to such report, it shall be
 provided to such entities by the JSC board.
   (b) On or before June 30, 2014 or upon the completion of the  projects
 authorized  pursuant  to  subdivision  (a)  of section five of this act,
 whichever shall first occur, the JSC board shall issue a report  to  the
 city,  the  city  school  district,  the governor, the commissioner, the
 comptroller, the temporary president of the senate, the minority  leader
 of  the  senate, the speaker of the assembly, the minority leader of the
 assembly, the state board of regents, and the chairs and ranking minori-
 ty members of the New York  state  senate  and  assembly  committees  on
 education,  the  finance committee of the New York state senate, and the
 ways and means committee of the New York  state  assembly.  Such  report
 shall identify the fiscal and pedagogical results of the projects under-
 taken  pursuant  to this act, along with recommendations for its contin-
 uance, amendments, or discontinuance.
   (c) On or before June 30, 2020 or upon the completion of the  projects
 authorized  pursuant  to  subdivision  (b)  of section five of this act,
 whichever shall first occur, the JSC board shall issue a report  to  the

 A. 3006--B                         83
 
 city,  the  city  school  district,  the governor, the commissioner, the
 comptroller, the temporary president of the senate, the minority  leader
 of  the  senate, the speaker of the assembly, the minority leader of the
 assembly, the state board of regents, and the chairs and ranking minori-
 ty  members  of  the  New  York  state senate and assembly committees on
 education, the finance committee of the New York state senate,  and  the
 ways  and  means  committee  of the New York state assembly. Such report
 shall identify the fiscal and pedagogical results of the projects under-
 taken pursuant to this act, along with recommendations for  its  contin-
 uance, amendments, or discontinuance.
   (D)  ON OR BEFORE JUNE 30, 2027 OR UPON THE COMPLETION OF THE PROJECTS
 AUTHORIZED PURSUANT TO SUBDIVISION (C) OF  SECTION  FIVE  OF  THIS  ACT,
 WHICHEVER  SHALL  FIRST OCCUR, THE JSC BOARD SHALL ISSUE A REPORT TO THE
 CITY, THE CITY SCHOOL DISTRICT,  THE  GOVERNOR,  THE  COMMISSIONER,  THE
 COMPTROLLER,  THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
 OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER  OF  THE
 ASSEMBLY, THE STATE BOARD OF REGENTS, AND THE CHAIRS AND RANKING MINORI-
 TY  MEMBERS  OF  THE  NEW  YORK  STATE SENATE AND ASSEMBLY COMMITTEES ON
 EDUCATION, THE FINANCE COMMITTEE OF THE NEW YORK STATE SENATE,  AND  THE
 WAYS  AND  MEANS  COMMITTEE  OF THE NEW YORK STATE ASSEMBLY. SUCH REPORT
 SHALL IDENTIFY THE FISCAL AND PEDAGOGICAL RESULTS OF THE PROJECTS UNDER-
 TAKEN PURSUANT TO THIS ACT, ALONG WITH RECOMMENDATIONS FOR  ITS  CONTIN-
 UANCE, AMENDMENTS, OR DISCONTINUANCE.
   § 7. Paragraph a of subdivision 6 of section 3602 of the education law
 is amended by adding a new subparagraph 9 to read as follows:
   (9)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, FOR
 THE PURPOSE OF COMPUTATION OF BUILDING AID FOR RECONSTRUCTION OR MODERN-
 IZING OF NO MORE THAN THREE PROJECTS PURSUANT TO A CHAPTER OF  THE  LAWS
 OF TWO THOUSAND TWENTY-ONE ENACTING THE THIRD PHASE OF THE CITY OF SYRA-
 CUSE  COOPERATIVE  SCHOOL RECONSTRUCTION ACT, MULTI-YEAR COST ALLOWANCES
 FOR EACH PROJECT SHALL BE ESTABLISHED AND  UTILIZED  TWO  TIMES  IN  THE
 FIRST  FIVE-YEAR  PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL BE
 ESTABLISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT  OF  THE  FIRST
 MAXIMUM COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
   § 8. 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 KK of this act shall be
 as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2506--C                                            A. 3006--C
 
                       S E N A T E - A S S E M B L Y
 
                             January 20, 2021
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  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  pandemic
   adjustment  payment reduction; to amend the education law, in relation
   to aidable  transportation  expense;  relating  to  funding  from  the
   elementary and secondary school emergency relief fund allocated by the
   American  rescue  plan  act  of  2021;  to amend the education law, in
   relation to foundation aid; to amend the education law, in relation to
   the statewide universal full-day pre-kindergarten program; legalizing,
   validating, ratifying and confirming certain contracts and projects by
   the Huntington union  free  school  district,  the  Liverpool  central
   school  district,  and the Marlboro central school district; providing
   that the commissioner of education shall  not  recover  any  penalties
   from  the Huntington union free school district, the Liverpool central
   school district, and the Marlboro central school district; legalizing,
   validating, ratifying and confirming certain transportation  contracts
   by the Cold Spring Harbor central school district; to amend the educa-
   tion  law,  in relation to certain moneys apportioned in the 2021-2022
   school year; to amend the education law, in relation to  the  prepara-
   tion  of estimated data for projections of apportionments; in relation
   to approved private schools serving certain  students  with  disabili-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12572-05-1

 S. 2506--C                          2                         A. 3006--C
 
   ties,  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; to amend the educa-
   tion law, in relation to authorizing  the  board  of  education  of  a
   special  act  school  district  to  establish  a  fiscal stabilization
   reserve fund; to amend the  education  law,  in  relation  to  certain
   tuition  methodology; to amend the education law, in relation to char-
   ter school aid; 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
   507  of  the laws of 1974, relating to providing for the apportionment
   of state monies to certain nonpublic schools, to  reimburse  them  for
   their  expenses  in  complying with certain state requirements for the
   administration of  state  testing  and  evaluation  programs  and  for
   participation in state programs for the reporting of basic educational
   data, in relation to the calculation of nonpublic schools' eligibility
   to  receive aid; 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  2021-2022  school  year; 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  withholding  a portion of employment preparation education aid and
   in relation to the effectiveness thereof; to amend the education  law,
   in  relation  to  funds  for  certain employment preparation education
   programs; 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 educa-
   tion  law  relating  to  the  provision  of  supplemental  educational
   services, attendance at a safe public school  and  the  suspension  of
   pupils  who  bring  a  firearm to or possess a firearm at a school, in
   relation to the effectiveness thereof; to amend  chapter  101  of  the
   laws of 2003, amending the education law relating to implementation of
   the No Child Left Behind Act of 2001, in relation to the effectiveness
   thereof;  relates  to  school  bus driver training; relates to special
   apportionment for salary expenses  and  public  pension  accruals;  to
   amend  chapter  121  of  the  laws of 1996 relating to authorizing the
   Roosevelt union free school district to finance deficits by the  issu-
   ance  of  serial  bonds, in relation to the amounts of such apportion-
   ments;  in  relation  to  special  apportionment  for  public  pension
   accruals;  relates to authorizing the city school district of the city
   of Rochester to purchase certain services; relates  to  suballocations
   of  appropriations;  relating  to  the support of public libraries; to
   repeal paragraph cc of subdivision 1 of section 3602 of the  education
   law,  relating to the gap elimination adjustment percentage; to repeal
   paragraph c of subdivision 17 of section 3602 of  the  education  law,
   relating  to  the  gap  elimination  adjustment; and providing for the
   repeal of certain provisions upon expiration thereof (Part A);  inten-
   tionally  omitted  (Part  B); intentionally omitted (Part C); to amend
   part D of chapter 58 of the laws of 2011 amending  the  education  law
   relating  to capital facilities in support of the state university and
   community colleges, procurement and the state university  health  care
   facilities,  in relation to the effectiveness thereof (Part D); inten-
   tionally omitted (Part E); extending scholarship  program  eligibility

 S. 2506--C                          3                         A. 3006--C
 
   for  certain recipients affected by the COVID-19 pandemic (Part F); to
   amend the education  law,  in  relation  to  establishing  the  amount
   awarded for the excelsior scholarship (Part G); to amend the executive
   law,  in  relation to facilities operated and maintained by the office
   of children and family  services  and  to  authorize  the  closure  of
   certain  facilities  operated by such office (Part H); 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  making  such provisions permanent (Part I); to amend
   part G of chapter 57 of the laws of 2013, amending the  executive  law
   and the social services law relating to consolidating the youth devel-
   opment  and delinquency prevention program and the special delinquency
   prevention program, in relation to making  such  provisions  permanent
   (Part  J); to amend part K of chapter 57 of the laws of 2012, amending
   the education law, relating to authorizing the  board  of  cooperative
   educational  services to enter into contracts with the commissioner of
   children and family services to provide certain services, in  relation
   to  the  effectiveness  thereof (Part K); to amend the social services
   law and the family court act,  in  relation  to  compliance  with  the
   Federal  Family  First  Prevention Services Act; and providing for the
   repeal of certain provisions upon expiration thereof (Part L);  inten-
   tionally  omitted (Part M); intentionally omitted (Part N); to utilize
   reserves in the mortgage insurance fund for various  housing  purposes
   (Part  O); 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 P); to amend the state finance law, in
   relation to authorizing a tax check-off for gifts to food banks  (Part
   Q);  intentionally  omitted  (Part R); intentionally omitted (Part S);
   intentionally omitted (Part T); to amend the private  housing  finance
   law,  in relation to exempting certain projects from sales and compen-
   sating use taxes (Part U);  intentionally  omitted  (Part  V);  inten-
   tionally  omitted  (Part  W);  intentionally  omitted (Part X); inten-
   tionally omitted (Part Y);  to  amend  the  social  services  law,  in
   relation to making child care more affordable for low-income families;
   and providing for the repeal of such provisions upon expiration there-
   of  (Part  Z);  to  amend the labor law and the public service law, in
   relation to requirements for certain renewable  energy  systems  (Part
   AA);  to  establish a COVID-19 emergency rental assistance program; to
   amend the state finance law, in relation to  establishing  a  COVID-19
   emergency  rental municipal corporation allocation fund; and providing
   for the repeal of such provisions upon expiration thereof (Subpart A);
   and to amend the tax law, in  relation  to  establishing  the  utility
   COVID-19  debt relief credit (Subpart B) (Part BB); to amend the labor
   law, in relation to prohibiting the inclusion of claims for  unemploy-
   ment insurance arising from the closure of an employer due to COVID-19
   from  being included in such employer's experience rating charges; and
   to amend chapter 21 of the laws of 2021, amending the labor law relat-
   ing to prohibiting the inclusion of claims for unemployment  insurance
   arising  from  the  closure  of an employer due to COVID-19 from being
   included in such employer's experience rating charges, in relation  to
   the  effectiveness  thereof  (Part CC); to amend the education law, in
   relation to tuition assistance program awards; and  to  amend  chapter
   260  of  the  laws of 2011 amending the education law and the New York
   state urban  development  corporation  act  relating  to  establishing
   components of the NY-SUNY 2020 challenge grant program, in relation to
   the effectiveness thereof (Part DD); to amend the social services law,

 S. 2506--C                          4                         A. 3006--C
 
   in relation to excluding certain funding from the determination of the
   maximum  state aid rate for authorized agencies; and providing for the
   repeal of such provisions upon expiration thereof (Part EE); to imple-
   ment  section  4  of  Division X of the federal consolidated appropri-
   ations act of 2021; and providing for the repeal  of  such  provisions
   upon  expiration  thereof  (Part  FF);  to amend the education law, in
   relation to state appropriations for reimbursement of tuition  credits
   (Part  GG);  to  amend the public officers law, in relation to defense
   and indemnification of physicians acting on behalf of the state  (Part
   HH);  to  amend  the  public health law, in relation to the storage of
   sexual offense evidence collection kits (Part II); to amend the social
   services law, the education law and the public health law, in relation
   to providing supports and services for youth  suffering  from  adverse
   childhood  experiences;  and  providing  for  the  repeal  of  certain
   provisions of the social services law relating  thereto  (Subpart  A);
   intentionally  omitted  (Subpart  B)  (Part JJ); to amend the business
   corporation law, the general associations law, the  limited  liability
   company  law,  the not-for-profit corporation law, the partnership law
   and the real property law, in relation to  service  of  process  (Part
   KK); to amend the executive law, in relation to the community violence
   intervention  act  (Part  LL);  to  amend  the  public service law, in
   relation to directing the public service commission to  review  broad-
   band and fiber optic services within the state (Part MM); to amend the
   general  business law, in relation to broadband service for low-income
   consumers (Part NN); 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 OO)
 
   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 2021-2022 state fiscal year. Each component is
 wholly contained within a Part identified as Parts  A  through  OO.  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
 2020, 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

 S. 2506--C                          5                         A. 3006--C
 
 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
 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

 S. 2506--C                          6                         A. 3006--C
 
 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
 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. For purposes  of  this  paragraph,  the
 "gap  elimination  adjustment percentage" shall be calculated as the sum
 of one minus the quotient of the sum of the school  district's  net  gap
 elimination   adjustment  for  two  thousand  ten--two  thousand  eleven
 computed pursuant to chapter fifty-three of the  laws  of  two  thousand
 ten,  making  appropriations  for  the  support  of government, plus the
 school district's gap elimination adjustment for two  thousand  eleven--
 two  thousand  twelve as computed pursuant to chapter fifty-three of the
 laws of two thousand eleven, making appropriations for  the  support  of

 S. 2506--C                          7                         A. 3006--C
 
 the  local  assistance budget, including support for general support for
 public schools, divided by the total aid for adjustment computed  pursu-
 ant  to  chapter  fifty-three of the laws of two thousand 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 activ-
 ities 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. Intentionally omitted.
   § 3. Intentionally omitted.
   § 4. Intentionally omitted.
   § 5. Intentionally omitted.
   § 6. Intentionally omitted.
   § 7. Intentionally omitted.
   § 8. Intentionally omitted.
   § 9.  Subdivision 1 of section 3602 of the education law is amended by
 adding a new paragraph kk to read as follows:
   KK. THE "FEDERAL COVID-19 SUPPLEMENTAL STIMULUS" SHALL BE EQUAL TO THE
 SUM OF (1) NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY
 SCHOOL EMERGENCY RELIEF FUND MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT
 TO  THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT,
 2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF  FUNDS  PROVIDED
 UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 PLUS
 (2)  THE  BASE  FEDERAL  ALLOCATION.    FOR ELIGIBLE DISTRICTS, THE BASE
 FEDERAL ALLOCATION SHALL BE EQUAL TO THE PRODUCT OF NINE HUNDRED  FIFTY-
 TWO  DOLLARS  AND  FIFTEEN  CENTS  ($952.15)  AND PUBLIC SCHOOL DISTRICT
 ENROLLMENT IN THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF  THIS
 SUBDIVISION,  PROVIDED  THAT  IF  THE TOTAL STATEWIDE BASE FEDERAL ALLO-
 CATION IS NOT EQUAL TO FOUR HUNDRED SIXTY-SEVEN  MILLION  EIGHT  HUNDRED
 THIRTEEN  THOUSAND  SIX HUNDRED SIXTY-NINE DOLLARS ($467,813,669), INDI-
 VIDUAL SCHOOL DISTRICT ALLOCATIONS SHALL BE PRORATED TO ENSURE THAT  THE
 BASE  FEDERAL  ALLOCATION  IS  EQUAL TO FOUR HUNDRED SIXTY-SEVEN MILLION
 EIGHT  HUNDRED  THIRTEEN  THOUSAND  SIX   HUNDRED   SIXTY-NINE   DOLLARS
 ($467,813,669), LESS NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND
 SECONDARY   SCHOOL  EMERGENCY  RELIEF  FUND  MADE  AVAILABLE  TO  SCHOOL
 DISTRICTS PURSUANT TO THE CORONAVIRUS RESPONSE AND  RELIEF  SUPPLEMENTAL
 APPROPRIATIONS ACT, 2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE
 OF  FUNDS  PROVIDED UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCA-
 TION ACT OF 1965, BUT NOT LESS THAN ZERO.  DISTRICTS SHALL  BE  ELIGIBLE
 FOR  THE  BASE FEDERAL ALLOCATION IF THEIR COMBINED WEALTH RATIO FOR THE
 CURRENT YEAR COMPUTED PURSUANT TO SUBPARAGRAPH ONE  OF  PARAGRAPH  C  OF
 SUBDIVISION THREE OF THIS SECTION IS LESS THAN ONE AND FIVE TENTHS (1.5)
 AND THE DISTRICT IS NOT A CENTRAL HIGH SCHOOL DISTRICT.
   §  9-a.  On  or  before  July  1, 2021, every local educational agency
 receiving funding from the elementary  and  secondary  school  emergency
 relief  fund  allocated by the American rescue plan act of 2021 shall be
 required to post on its website a plan by school year of how such  funds
 will  be  expended  and how the local educational agency will prioritize
 spending on non-recurring expenses in the  areas  of:  safely  returning
 students  to  in-person  instruction;  maximizing  in-person instruction
 time; operating schools and meeting the needs  of  students;  purchasing
 educational  technology; addressing the impacts of the COVID-19 pandemic
 on students, including the impacts of interrupted instruction and learn-
 ing loss and the impacts on low-income students, children with disabili-
 ties, English language learners, and students experiencing homelessness;

 S. 2506--C                          8                         A. 3006--C
 
 implementing  evidence-based  strategies  to  meet   students'   social,
 emotional,  mental  health,  and academic needs; offering evidence-based
 summer,  afterschool,  and  other  extended  learning   and   enrichment
 programs;  and  supporting  early childhood education. Provided further,
 that local educational agencies shall identify  any  programs  utilizing
 such  funding  that  are expected to continue beyond the availability of
 such federal funds and identify local funds that will be used  to  main-
 tain  such programs in order to minimize disruption to core academic and
 other school programs. Before posting such plan, the  local  educational
 agency shall seek public comment from parents, teachers and other stake-
 holders  on the plan and take such comments into account in the develop-
 ment of the plan.
   § 9-b. Notwithstanding any provision of  law  to  the  contrary,  each
 local  educational  agency  receiving  an  allocation  of elementary and
 secondary school emergency relief funds pursuant to  section  2001(d)(1)
 of  the American rescue plan act of 2021 shall reserve one-half (0.5) of
 the amount so allocated for reimbursement of eligible costs incurred  by
 such  local  educational  agency  in  the 2021-22 through 2024-25 school
 years, with the amount of such costs for each such school year to  equal
 one-eighth  (0.125) of such allocation, provided that such time schedule
 shall not apply to eligible costs to be reimbursed from the  other  one-
 half  (0.5) of such allocation; provided, however, that this requirement
 shall not apply to local educational agencies whose allocation  pursuant
 to such section is  less than five hundred dollars ($500) per pupil, and
 provided  further  that,  in  the  event that the director of the budget
 determines that by March  15,  2022,  the  federal  government  has  not
 extended  the deadline by which local educational agencies must obligate
 all of the funds allocated pursuant to such section at least through the
 end of the 2024-25 school year, the amount  of  such  allocation  to  be
 reserved  for  reimbursement  of  eligible costs incurred in each of the
 2022-23 and 2023-24 school years shall equal one thousand eight  hundred
 seventy-five ten-thousandths (0.1875) of such allocation.
   §  9-c.  Notwithstanding any inconsistent provision of law, elementary
 and secondary school emergency relief funds and the governor's emergency
 education relief funds pursuant to the Coronavirus response  and  relief
 supplemental  appropriations  act, 2021 and the American rescue plan act
 of 2021 shall be deemed grants in aid and the  state  comptroller  shall
 prescribe  that  any monies received therefrom by school districts shall
 be recorded and reported as special aid funds of the district.
   § 10. Intentionally omitted.
   § 10-a. Paragraph a of subdivision 4 of section 3602 of the  education
 law is amended by adding a new subparagraph 5 to read as follows:
   (5) FOR THE PURPOSES OF THIS SUBDIVISION, "TOTAL FOUNDATION AID" SHALL
 BE  EQUAL  TO  THE  PRODUCT  OF THE TOTAL AIDABLE FOUNDATION PUPIL UNITS
 MULTIPLIED BY THE DISTRICT'S SELECTED FOUNDATION AID.
   § 10-b. Subdivision 4 of section 3602 of the education law is  amended
 by adding a new paragraph i to read as follows:
   I. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
 TWENTY-TWO  SCHOOL  YEAR.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE
 CONTRARY, FOUNDATION AID PAYABLE IN  THE  TWO  THOUSAND  TWENTY-ONE--TWO
 THOUSAND TWENTY-TWO SCHOOL YEAR SHALL EQUAL THE SUM OF THE TOTAL FOUNDA-
 TION  AID  BASE COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH J OF
 SUBDIVISION ONE OF THIS SECTION PLUS THE GREATER  OF  THE:  (I)  MINIMUM
 INCREASE;  (II) PHASE-IN INCREASE; (III) CATCH UP INCREASE; AND (IV) THE
 PER PUPIL ALLOCATION. FOR THE PURPOSES OF THIS PARAGRAPH:

 S. 2506--C                          9                         A. 3006--C
 
   (1) THE "PHASE-IN INCREASE" SHALL BE EQUAL TO THE PRODUCT OF THE FOUN-
 DATION AID PHASE-IN FACTOR MULTIPLIED BY  THE  POSITIVE  DIFFERENCE,  IF
 ANY, OF: (I) TOTAL FOUNDATION AID PURSUANT TO PARAGRAPH A OF THIS SUBDI-
 VISION;  LESS  (II)  THE  TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO
 PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION.
   (2) THE "FOUNDATION AID PHASE-IN FACTOR" SHALL BE EQUAL TO THE GREATER
 OF:  (I)  TWENTY-SIX  HUNDRED TWENTY-FIVE TEN-THOUSANDTHS (0.2625); (II)
 TWENTY-SEVEN HUNDRED TWENTY-EIGHT TEN-THOUSANDTHS (0.2728) FOR DISTRICTS
 WITH A SPARSITY COUNT COMPUTED PURSUANT TO PARAGRAPH  R  OF  SUBDIVISION
 ONE  OF  THIS  SECTION  GREATER THAN ZERO; (III) TWENTY-SEVEN HUNDREDTHS
 (0.27) FOR SMALL CITY SCHOOL  DISTRICTS  PURSUANT  TO  PARAGRAPH  JJ  OF
 SUBDIVISION ONE OF THIS SECTION; (IV) FORTY-FOUR HUNDREDTHS (0.44) FOR A
 CITY  SCHOOL  DISTRICT  IN  A  CITY  WITH  A POPULATION OF MORE THAN ONE
 HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN ONE HUNDRED FIFTY THOUSAND AS
 OF THE TWO THOUSAND TEN FEDERAL DECENNIAL CENSUS; (V) FOUR HUNDRED NINE-
 TY-FIVE THOUSANDTHS (0.495) FOR A CITY SCHOOL DISTRICT IN A CITY WITH  A
 POPULATION  OF  MORE  THAN  ONE HUNDRED FIFTY THOUSAND BUT LESS THAN TWO
 HUNDRED FIFTY THOUSAND AS OF THE  TWO  THOUSAND  TEN  FEDERAL  DECENNIAL
 CENSUS;  (VI) FORTY-FOUR HUNDREDTHS (0.44) FOR A CITY SCHOOL DISTRICT IN
 A CITY WITH A POPULATION OF MORE THAN TWO  HUNDRED  FIFTY  THOUSAND  BUT
 LESS  THAN  ONE  MILLION  AS  OF  THE TWO THOUSAND TEN FEDERAL DECENNIAL
 CENSUS; OR (VII) FOUR HUNDRED NINETY-FIVE THOUSANDTHS (0.495) FOR A CITY
 SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (3) THE "MINIMUM INCREASE" SHALL BE EQUAL TO THE PRODUCT OF:  (I)  THE
 GREATER  OF  TWO  HUNDREDTHS  (0.02)  OR  THREE  HUNDREDTHS  (0.03)  FOR
 DISTRICTS WITH A SPARSITY COUNT COMPUTED  PURSUANT  TO  PARAGRAPH  R  OF
 SUBDIVISION  ONE  OF  THIS SECTION GREATER THAN ZERO; MULTIPLIED BY (II)
 THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDI-
 VISION ONE OF THIS SECTION.
   (4) THE "CATCH UP INCREASE" SHALL BE EQUAL TO THE POSITIVE DIFFERENCE,
 IF ANY, OF: (I) THE PRODUCT OF SIXTY HUNDREDTHS (0.60) AND TOTAL FOUNDA-
 TION AID AS COMPUTED PURSUANT TO PARAGRAPH A OF THIS  SUBDIVISION;  LESS
 (II)  THE  TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF
 SUBDIVISION ONE OF THIS SECTION.
   (5) THE "PER PUPIL ALLOCATION" SHALL BE EQUAL TO THE PRODUCT  OF:  (I)
 THREE  HUNDRED  DOLLARS  ($300); MULTIPLIED BY (II) THE QUOTIENT OF: (A)
 THE THREE-YEAR DIRECT  CERTIFICATION  PERCENTAGE  COMPUTED  PURSUANT  TO
 SUBPARAGRAPH  FOUR  OF  PARAGRAPH II OF SUBDIVISION ONE OF THIS SECTION;
 DIVIDED BY (B)  FOUR  HUNDRED  SEVENTY-THREE  THOUSANDTHS  (0.473);  AND
 FURTHER  MULTIPLIED  BY  (III) PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE
 BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS
 SECTION FOR ELIGIBLE DISTRICTS. A DISTRICT SHALL BE ELIGIBLE FOR THE PER
 PUPIL ALLOCATION IF THE COMBINED WEALTH RATIO FOR TOTAL  FOUNDATION  AID
 COMPUTED  PURSUANT  TO  SUBPARAGRAPH  TWO  OF PARAGRAPH C OF SUBDIVISION
 THREE OF THIS SECTION IS LESS THAN TWO FIFTY-THREE HUNDREDTHS (2.53).
   § 10-c. Clause (ii) of subparagraph 2 of paragraph b of subdivision  4
 of  section 3602 of the education law, as amended by section 5-c of part
 YYY of chapter 59 of the laws of 2019, is amended to read as follows:
   (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
 eleven--two   thousand  twelve  school  year,  the  phase-in  foundation
 increase factor shall equal thirty-seven and  one-half  percent  (0.375)
 and  the phase-in due minimum percent shall equal nineteen and forty-one
 hundredths percent (0.1941), for the two thousand  twelve--two  thousand
 thirteen school year the phase-in foundation increase factor shall equal
 one and seven-tenths percent (0.017), for the two thousand thirteen--two
 thousand  fourteen  school  year the phase-in foundation increase factor

 S. 2506--C                         10                         A. 3006--C
 
 shall equal (1) for a city school district in a city having a population
 of one  million  or  more,  five  and  twenty-three  hundredths  percent
 (0.0523) or (2) for all other school districts zero percent, for the two
 thousand fourteen--two thousand fifteen school year the phase-in founda-
 tion  increase  factor  shall  equal (1) for a city school district of a
 city having a population of one million or  more,  four  and  thirty-two
 hundredths  percent  (0.0432)  or (2) for a school district other than a
 city school district having a population of  one  million  or  more  for
 which  (A)  the  quotient  of  the positive difference of the foundation
 formula aid minus the foundation aid base computed pursuant to paragraph
 j of subdivision one of this section divided by the  foundation  formula
 aid  is greater than twenty-two percent (0.22) and (B) a combined wealth
 ratio less than thirty-five hundredths (0.35), seven percent  (0.07)  or
 (3)  for  all  other  school  districts,  four and thirty-one hundredths
 percent (0.0431), and for the two thousand fifteen--two thousand sixteen
 school year the phase-in foundation increase factor shall equal: (1) for
 a city school district of a city having a population of one  million  or
 more,   thirteen   and  two  hundred  seventy-four  thousandths  percent
 (0.13274); or (2) for districts  where  the  quotient  arrived  at  when
 dividing  (A)  the  product  of the total aidable foundation pupil units
 multiplied by the district's selected  foundation  aid  less  the  total
 foundation  aid base computed pursuant to paragraph j of subdivision one
 of this section divided by (B) the product of the total aidable  founda-
 tion pupil units multiplied by the district's selected foundation aid is
 greater  than nineteen percent (0.19), and where the district's combined
 wealth ratio is less than  thirty-three  hundredths  (0.33),  seven  and
 seventy-five  hundredths percent (0.0775); or (3) for any other district
 designated as high need pursuant to clause (c) of  subparagraph  two  of
 paragraph  c  of  subdivision  six  of  this  section for the school aid
 computer listing produced by the commissioner in support of the  enacted
 budget  for  the  two thousand seven--two thousand eight school year and
 entitled "SA0708", four  percent  (0.04);  or  (4)  for  a  city  school
 district  in a city having a population of one hundred twenty-five thou-
 sand or more but less than one million, fourteen percent (0.14); or  (5)
 for school districts that were designated as small city school districts
 or  central  school  districts  whose  boundaries include a portion of a
 small city for the school aid computer listing produced by  the  commis-
 sioner  in support of the enacted budget for the two thousand fourteen--
 two thousand fifteen school year and entitled "SA1415", four  and  seven
 hundred  fifty-one  thousandths  percent (0.04751); or (6) for all other
 districts one percent (0.01), and  for  the  two  thousand  sixteen--two
 thousand  seventeen  school  year  the  foundation aid phase-in increase
 factor shall equal for an eligible school district the greater  of:  (1)
 for a city school district in a city with a population of one million or
 more, seven and seven hundred eighty four thousandths percent (0.07784);
 or  (2)  for  a city school district in a city with a population of more
 than two hundred fifty thousand but less than one million as of the most
 recent federal decennial census,  seven  and  three  hundredths  percent
 (0.0703);  or (3) for a city school district in a city with a population
 of more than two hundred thousand but less than two hundred fifty  thou-
 sand as of the most recent federal decennial census, six and seventy-two
 hundredths percent (0.0672); or (4) for a city school district in a city
 with  a population of more than one hundred fifty thousand but less than
 two hundred thousand as of the most recent federal decennial census, six
 and seventy-four hundredths percent (0.0674); or (5) for a  city  school
 district  in  a  city with a population of more than one hundred twenty-

 S. 2506--C                         11                         A. 3006--C
 
 five thousand but less than one hundred fifty thousand as  of  the  most
 recent  federal decennial census, nine and fifty-five hundredths percent
 (0.0955); or (6) for school districts that were designated as small city
 school  districts or central school districts whose boundaries include a
 portion of a small city for the school aid computer listing produced  by
 the  commissioner  in support of the enacted budget for the two thousand
 fourteen--two thousand fifteen school year and entitled "SA141-5" with a
 combined wealth ratio less than one and four tenths (1.4), nine  percent
 (0.09),  provided,  however,  that  for  such  districts  that  are also
 districts designated as high need urban-suburban pursuant to clause  (c)
 of  subparagraph  two  of paragraph c of subdivision six of this section
 for the school aid computer listing  produced  by  the  commissioner  in
 support  of  the enacted budget for the two thousand seven--two thousand
 eight school year and entitled "SA0708",  nine  and  seven  hundred  and
 nineteen  thousandths  percent  (0.09719);  or  (7) for school districts
 designated as high need rural pursuant to clause (c) of subparagraph two
 of paragraph c of subdivision six of this section  for  the  school  aid
 computer  listing produced by the commissioner in support of the enacted
 budget for the two thousand seven--two thousand eight  school  year  and
 entitled  "SA0708",  thirteen and six tenths percent (0.136); or (8) for
 school districts designated as  high  need  urban-suburban  pursuant  to
 clause (c) of subparagraph two of paragraph c of subdivision six of this
 section for the school aid computer listing produced by the commissioner
 in  support  of the enacted budget for the two thousand seven--two thou-
 sand eight school year and entitled  "SA0708",  seven  hundred  nineteen
 thousandths  percent  (0.00719);  or  (9)  for all other eligible school
 districts, forty-seven hundredths  percent  (0.0047),  provided  further
 that  for  the two thousand seventeen--two thousand eighteen school year
 the foundation aid increase phase-in factor shall equal (1)  for  school
 districts with a census 2000 poverty rate computed pursuant to paragraph
 q of subdivision one of this section equal to or greater than twenty-six
 percent  (0.26),  ten  and  three-tenths  percent  (0.103), or (2) for a
 school district in a city with a population in excess of one million  or
 more,  seventeen  and  seventy-seven one-hundredths percent (0.1777), or
 (3) for a city school district in a city with a population of more  than
 two  hundred  fifty  thousand  but less than one million, as of the most
 recent  decennial  census,  twelve  and  sixty-nine  hundredths  percent
 (0.1269)  or  (4) for a city school district in a city with a population
 of more than one hundred fifty thousand but less than two hundred  thou-
 sand,  as  of the most recent federal decennial census, ten and seventy-
 eight one hundredths percent (0.1078), or (5) for a city school district
 in a city with a population of more than one hundred  twenty-five  thou-
 sand  but  less  than  one  hundred fifty thousand as of the most recent
 federal decennial census, nineteen and one hundred eight one-thousandths
 percent (0.19108), or (6) for a city school district in a  city  with  a
 population  of  more than two hundred thousand but less than two hundred
 fifty thousand as of the most recent federal decennial census,  ten  and
 six-tenths  percent  (0.106),  or  (7) for all other districts, four and
 eighty-seven one-hundredths percent (0.0487), and for the  two  thousand
 [twenty] TWENTY-TWO--two thousand [twenty-one school year and thereafter
 the  commissioner  shall  annually  determine  the  phase-in  foundation
 increase factor subject to allocation  pursuant  to  the  provisions  of
 subdivision  eighteen of this section and any provisions of a chapter of
 the laws of New York as described therein] TWENTY-THREE SCHOOL YEAR  THE
 FOUNDATION  AID  PHASE-IN  INCREASE FACTOR SHALL BE FIFTY PERCENT (0.5),
 AND FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND  TWENTY-FOUR  SCHOOL

 S. 2506--C                         12                         A. 3006--C
 
 YEAR AND THEREAFTER THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE
 ONE HUNDRED PERCENT (1.0).
   § 10-d. For the 2021-22, 2022-23 and 2023-24 school years, each school
 district  receiving  a  foundation  aid  increase  of more than: (i) ten
 percent; or (ii) ten million dollars in  a  school  year  shall,  on  or
 before July 1 of each school year, post to the district's website a plan
 by  school  year  of  how  such  funds  will  be used to address student
 performance and need, including but not limited to: (i) increasing grad-
 uation rates and eliminating the achievement gap;  (ii)  reducing  class
 sizes;  (iii) providing supports for students who are not meeting, or at
 risk of not meeting, state learning standards in core  academic  subject
 areas;  (iv) addressing student social-emotional health; and (v) provid-
 ing adequate resources to English language learners, students with disa-
 bilities; and students experiencing homelessness. Prior to posting  such
 plan,  each  school  district  shall  seek  public comment from parents,
 teachers and other stakeholders on the plan and take such comments  into
 account in the development of the plan.
   § 11. Intentionally omitted.
   §  11-a. Subdivision 1 of section 3602 of the education law is amended
 by adding two new paragraphs ll and mm to read as follows:
   LL. (1) "ECONOMICALLY DISADVANTAGED COUNT" SHALL BE EQUAL TO THE UNDU-
 PLICATED  COUNT  OF  ALL  CHILDREN  REGISTERED  TO  RECEIVE  EDUCATIONAL
 SERVICES  IN  GRADES  KINDERGARTEN THROUGH TWELVE, INCLUDING CHILDREN IN
 UNGRADED PROGRAMS WHO PARTICIPATE IN, OR WHOSE FAMILY  PARTICIPATES  IN,
 ECONOMIC  ASSISTANCE  PROGRAMS,  SUCH AS THE FREE OR REDUCED-PRICE LUNCH
 PROGRAMS, SOCIAL SECURITY INSURANCE, SUPPLEMENTAL  NUTRITION  ASSISTANCE
 PROGRAM,  FOSTER  CARE, REFUGEE ASSISTANCE (CASH OR MEDICAL ASSISTANCE),
 EARNED INCOME TAX CREDIT (EITC), HOME ENERGY ASSISTANCE PROGRAM  (HEAP),
 SAFETY  NET  ASSISTANCE (SNA), BUREAU OF INDIAN AFFAIRS (BIA), OR TEMPO-
 RARY ASSISTANCE FOR NEEDY FAMILIES (TANF).
   (2) "ECONOMICALLY DISADVANTAGED RATE" SHALL MEAN THE QUOTIENT  ARRIVED
 AT  WHEN DIVIDING THE ECONOMICALLY DISADVANTAGED COUNT BY PUBLIC ENROLL-
 MENT AS COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF  PARAGRAPH  N  OF  THIS
 SUBDIVISION.
   (3)  "THREE-YEAR  AVERAGE ECONOMICALLY DISADVANTAGED RATE" SHALL EQUAL
 THE QUOTIENT OF: (I) THE SUM OF THE ECONOMICALLY DISADVANTAGED COUNT FOR
 THE SCHOOL YEAR PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER FOR THE  SCHOOL
 YEAR  TWO  YEARS PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER FOR THE SCHOOL
 YEAR THREE YEARS PRIOR TO THE BASE YEAR; DIVIDED  BY  (II)  THE  SUM  OF
 ENROLLMENT  AS  COMPUTED PURSUANT TO SUBPARAGRAPH ONE  OF PARAGRAPH N OF
 SUBDIVISION ONE OF THIS SECTION FOR THE SCHOOL YEAR PRIOR  TO  THE  BASE
 YEAR,  PLUS  SUCH NUMBER FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE
 YEAR, PLUS SUCH NUMBER FOR THE SCHOOL YEAR THREE YEARS PRIOR TO THE BASE
 YEAR, COMPUTED TO FOUR DECIMALS WITHOUT ROUNDING.
   MM. "THREE-YEAR AVERAGE SMALL AREA INCOME AND POVERTY  ESTIMATE  RATE"
 SHALL  EQUAL  THE QUOTIENT OF: (I) THE SUM OF THE NUMBER OF PERSONS AGED
 FIVE TO SEVENTEEN WITHIN THE SCHOOL DISTRICT, BASED ON  THE  SMALL  AREA
 INCOME  AND  POVERTY  ESTIMATES  PRODUCED  BY  THE  UNITED STATES CENSUS
 BUREAU, WHOSE FAMILIES HAD INCOMES  BELOW  THE  POVERTY  LEVEL  FOR  THE
 CALENDAR  YEAR PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, PLUS SUCH
 NUMBER FOR THE CALENDAR YEAR TWO YEARS PRIOR TO THE YEAR  IN  WHICH  THE
 BASE  YEAR  BEGAN,  PLUS  SUCH  NUMBER FOR THE CALENDAR YEAR THREE YEARS
 PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN; DIVIDED BY (II) THE  SUM
 OF  THE TOTAL NUMBER OF PERSONS AGED FIVE TO SEVENTEEN WITHIN THE SCHOOL
 DISTRICT, BASED ON SUCH CENSUS BUREAU ESTIMATES, FOR THE YEAR  PRIOR  TO
 THE  YEAR  IN  WHICH THE BASE YEAR BEGAN, PLUS SUCH TOTAL NUMBER FOR THE

 S. 2506--C                         13                         A. 3006--C
 
 YEAR TWO YEARS PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, PLUS SUCH
 TOTAL NUMBER FOR THE YEAR THREE YEARS PRIOR TO THE  YEAR  IN  WHICH  THE
 BASE YEAR BEGAN, COMPUTED TO FOUR DECIMALS WITHOUT ROUNDING.
   §  11-b.  Section 3641 of the education law is amended by adding a new
 subdivision 17 to read as follows:
   17. LEARNING LOSS GRANTS. A.  FOR  THE  TWO  THOUSAND  TWENTY-ONE--TWO
 THOUSAND TWENTY-TWO SCHOOL YEAR, ELIGIBLE SCHOOL DISTRICTS SHALL RECEIVE
 GRANTS IN AID EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF THE BASE ARPA
 ALLOCATION  LESS  NINETY  PERCENT  OF  THE FUNDS FROM THE ELEMENTARY AND
 SECONDARY  SCHOOL  EMERGENCY  RELIEF  FUND  MADE  AVAILABLE  TO   SCHOOL
 DISTRICTS  PURSUANT  TO  THE  AMERICAN  RESCUE  PLAN  ACT OF 2021, (P.L.
 117-2), BUT NOT LESS THAN SEVEN HUNDRED THOUSAND DOLLARS ($700,000), AND
 NOT MORE THAN TEN MILLION DOLLARS ($10,000,000) OR TEN PERCENT (0.1)  OF
 THE  TOTAL  EXPENDITURES  FROM  THE  DISTRICT'S GENERAL FUND FOR THE TWO
 THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, WHICHEVER IS LESS.
 SCHOOL DISTRICTS WHERE THE BASE ARPA ALLOCATION IS LESS THAN OR EQUAL TO
 NINETY PERCENT OF THE FUNDS FROM THE  ELEMENTARY  AND  SECONDARY  SCHOOL
 EMERGENCY RELIEF FUND MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO THE
 AMERICAN  RESCUE  PLAN  ACT  OF  2021,  SHALL  NOT BE ELIGIBLE FOR THESE
 GRANTS.  SUCH GRANT FUNDS SHALL REMAIN AVAILABLE FOR OBLIGATION BY  SUCH
 SCHOOL DISTRICTS UNTIL THE DEADLINE THEREFOR PRESCRIBED IN FEDERAL LAW.
   B.  THE  "BASE  ARPA  ALLOCATION" SHALL BE EQUAL TO THE PRODUCT OF THE
 ADJUSTED PER PUPIL AMOUNT MULTIPLIED BY PUBLIC SCHOOL  DISTRICT  ENROLL-
 MENT  FOR  THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVI-
 SION ONE OF SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS  ARTICLE.    THE
 "ADJUSTED  PER  PUPIL AMOUNT" SHALL BE EQUAL TO THE PRODUCT OF: (1) FOUR
 THOUSAND FIVE HUNDRED FIFTY DOLLARS AND  TWENTY-SIX  CENTS  ($4,550.26);
 MULTIPLIED  BY  (2)  THE  REGIONAL COST INDEX CALCULATED IN TWO THOUSAND
 EIGHTEEN, REFLECTING AN ANALYSIS OF LABOR MARKET COSTS BASED  ON  MEDIAN
 SALARIES IN PROFESSIONAL OCCUPATIONS THAT REQUIRE SIMILAR CREDENTIALS TO
 THOSE OF POSITIONS IN THE EDUCATION FIELD, BUT NOT INCLUDING THOSE OCCU-
 PATIONS IN THE EDUCATION FIELD; MULTIPLIED BY (3) THE MODIFIED EN INDEX;
 AND MULTIPLIED BY (4) THE LEARNING LOSS WEALTH FACTOR.
   (1)  FOR PURPOSES OF THIS PARAGRAPH, THE "LEARNING LOSS WEALTH FACTOR"
 SHALL BE EQUAL TO THE  POSITIVE  DIFFERENCE,  IF  ANY,  OF  SEVENTY-FIVE
 HUNDREDTHS (0.75) LESS HALF OF THE COMBINED WEALTH RATIO COMPUTED PURSU-
 ANT  TO  SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF SECTION
 THIRTY-SIX HUNDRED TWO OF THIS ARTICLE.
   (2) FOR PURPOSES OF THIS PARAGRAPH, THE "MODIFIED EN INDEX"  SHALL  BE
 EQUAL  TO THE MODIFIED EN PERCENT DIVIDED BY THE STATEWIDE AVERAGE MODI-
 FIED EN PERCENT, PROVIDED THAT  FOR  THE  TWO  THOUSAND  TWENTY-ONE--TWO
 THOUSAND  TWENTY-TWO  SCHOOL  YEAR,  THE  STATEWIDE  AVERAGE MODIFIED EN
 PERCENT SHALL BE EQUAL TO FIVE THOUSAND  FIVE  HUNDRED  SIXTY-FIVE  TEN-
 THOUSANDTHS (0.5565).
   (3) FOR PURPOSES OF THIS PARAGRAPH, THE "MODIFIED EN PERCENT" SHALL BE
 EQUAL TO THE MODIFIED EN COUNT DIVIDED BY PUBLIC SCHOOL DISTRICT ENROLL-
 MENT  FOR  THE BASE YEAR COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION
 ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE.
   (4) FOR PURPOSES OF THIS PARAGRAPH,  THE  "MODIFIED  EN  COUNT"  SHALL
 EQUAL  THE  SUM  OF (A) THE PRODUCT OF FIFTY PERCENT (0.5) MULTIPLIED BY
 THE ENGLISH LANGUAGE LEARNER COUNT COMPUTED PURSUANT TO PARAGRAPH  O  OF
 SUBDIVISION  ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE, PLUS
 (B) THE SPARSITY COUNT COMPUTED PURSUANT TO PARAGRAPH R  OF  SUBDIVISION
 ONE  OF  SECTION  THIRTY-SIX  HUNDRED  TWO OF THIS ARTICLE, PLUS (C) THE
 PRODUCT OF  SIXTY-FIVE HUNDREDTHS (0.65) MULTIPLIED  BY  THE  THREE-YEAR
 AVERAGE SMALL AREA INCOME AND POVERTY ESTIMATE RATE COMPUTED PURSUANT TO

 S. 2506--C                         14                         A. 3006--C
 
 PARAGRAPH  MM  OF  SUBDIVISION  ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS ARTICLE AND MULTIPLIED FURTHER BY PUBLIC SCHOOL DISTRICT ENROLLMENT
 FOR THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE
 OF  SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE, PLUS (D) THE PRODUCT
 OF  SIXTY-FIVE HUNDREDTHS (0.65) MULTIPLIED BY  THE  THREE-YEAR  AVERAGE
 ECONOMICALLY  DISADVANTAGED  RATE  DEFINED  PURSUANT  TO PARAGRAPH LL OF
 SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  ARTICLE  AND
 MULTIPLIED  FURTHER  BY  PUBLIC  SCHOOL DISTRICT ENROLLMENT FOR THE BASE
 YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE  OF  SECTION
 THIRTY-SIX HUNDRED TWO OF THIS ARTICLE.
   C.  DISTRICTS  RECEIVING  LEARNING LOSS GRANTS SHALL USE: (1) FOURTEEN
 AND TWO HUNDRED EIGHTY-SIX THOUSANDTHS PERCENT (0.14286) OF SUCH  GRANTS
 FOR  IMPLEMENTATION  OF  EVIDENCE-BASED  SUMMER ENRICHMENT PROGRAMS; (2)
 FOURTEEN AND TWO HUNDRED EIGHTY-SIX THOUSANDTHS  PERCENT  (0.14286)  FOR
 IMPLEMENTATION OF EVIDENCE-BASED COMPREHENSIVE AFTERSCHOOL PROGRAMS; AND
 (3)  THE  REMAINING  FUNDS    FOR ACTIVITIES TO ADDRESS LEARNING LOSS BY
 SUPPORTING THE IMPLEMENTATION OF EVIDENCE-BASED INTERVENTIONS,  SUCH  AS
 SUMMER LEARNING OR SUMMER ENRICHMENT, EXTENDED DAY, COMPREHENSIVE AFTER-
 SCHOOL  PROGRAMS,  OR  EXTENDED  SCHOOL  YEAR PROGRAMS. SCHOOL DISTRICTS
 SHALL ENSURE THAT SUCH  INTERVENTIONS  RESPOND  TO  STUDENTS'  ACADEMIC,
 SOCIAL,  AND  EMOTIONAL NEEDS AND ADDRESS THE DISPROPORTIONATE IMPACT OF
 THE CORONAVIRUS ON  LOW-INCOME  STUDENTS,  CHILDREN  WITH  DISABILITIES,
 ENGLISH  LEARNERS, MIGRANT STUDENTS, STUDENTS EXPERIENCING HOMELESSNESS,
 AND CHILDREN IN FOSTER CARE.
   § 12. Intentionally omitted.
   § 12-a. Intentionally omitted.
   § 12-b. The closing paragraph of subdivision 5-a of  section  3602  of
 the education law, as amended by section 14-c of part A of chapter 56 of
 the laws of 2020, 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]  TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO school years,
 each school district shall be entitled to an apportionment equal to  the
 amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
 COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
 computer  listing  produced by the commissioner in support of the budget
 for the two thousand nine--two thousand ten  school  year  and  entitled
 "SA0910".
   § 13. Intentionally omitted.
   §  13-a.  Subdivision  12  of  section  3602  of the education law, as
 amended by section 14-d of part A of chapter 56 of the laws of 2020,  is
 amended to read as follows:
   12. Academic enhancement aid. A school district that as of April first
 of  the base year has been continuously identified as a district in need
 of improvement for at least five  years  shall,  for  the  two  thousand
 eight--two  thousand  nine  school  year,  be  entitled to an additional
 apportionment equal to the positive remainder, if any, of (a) the lesser
 of fifteen million dollars or the product of the  total  foundation  aid
 base,  as  defined  by  paragraph  j of subdivision one of this section,
 multiplied by ten percent (0.10), less (b) the positive remainder of (i)
 the sum of the total foundation aid apportioned pursuant to  subdivision
 four of this section and the supplemental educational improvement grants

 S. 2506--C                         15                         A. 3006--C
 
 apportioned  pursuant to subdivision eight of section thirty-six hundred
 forty-one of this article, less (ii) the total foundation aid base.
   For the two thousand nine--two thousand ten through two thousand four-
 teen--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.
   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 head-
 ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced
 by  the commissioner in support of the budget for the two thousand four-
 teen--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.
   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.
   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.
   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.
   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. 2506--C                         16                         A. 3006--C
 
 obligation  to provide an apportionment pursuant to subdivision eight of
 section thirty-six hundred forty-one of this article.
   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.  FOR THE TWO THOU-
 SAND  TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO  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 HEAD-
 ING "2020-21 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED
 BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND  TWEN-
 TY--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.
   § 14. Intentionally omitted.
   § 14-a. The opening paragraph of subdivision 16 of section 3602 of the
 education law, as amended by section 14-e of part A of chapter 56 of the
 laws of 2020, 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]  TWENTY-ONE--two  thousand  [twenty-one]  TWENTY-TWO
 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".
   § 15. Intentionally omitted.
   § 16. Intentionally omitted.
   § 16-a. Intentionally omitted.

 S. 2506--C                         17                         A. 3006--C
 
   §  17.  Subdivision 19 of section 3602 of the education law is amended
 by adding a new paragraph c to read as follows:
   C.  THE  POSITIVE  VALUE  OF THE PANDEMIC ADJUSTMENT PAYMENT REDUCTION
 SHALL NOT EXCEED THE SUM OF  MONEYS  APPORTIONED  PURSUANT  TO  SECTIONS
 SEVEN  HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN
 HUNDRED  FIFTY-THREE,  THIRTY-SIX  HUNDRED  NINE-A,  THIRTY-SIX  HUNDRED
 NINE-B,  THIRTY-SIX HUNDRED NINE-D, THIRTY-SIX HUNDRED NINE-F, AND THIR-
 TY-SIX HUNDRED NINE-H FOR THE TWO THOUSAND TWENTY--TWO THOUSAND  TWENTY-
 ONE SCHOOL YEAR FOR ANY SCHOOL DISTRICT.
   § 18. Intentionally omitted.
   § 19. Intentionally omitted.
   §  20.  Subdivisions  6  and 7 of section 3622-a of the education law,
 subdivision 6 as amended by section 47 of part A of chapter  58  of  the
 laws  of  2011  and subdivision 7 as added by chapter 422 of the laws of
 2004, are amended and two new subdivisions 8 and 9 are added to read  as
 follows:
   6.  Transportation  of  pupils  to  and  from  approved  summer school
 programs operated by a school district in the two thousand--two thousand
 one school year and thereafter, provided, however,  that  if  the  total
 statewide   apportionment   attributable   to  allowable  transportation
 expenses incurred pursuant to  this  subdivision  exceeds  five  million
 dollars  ($5,000,000),  individual  school district allocations shall be
 prorated to ensure that the apportionment for such summer transportation
 does not exceed five million dollars ($5,000,000),  provided  that  such
 prorated  apportionment  computed and payable as of September one of the
 school year immediately following the school year for which such aid  is
 claimed shall be deemed final and not subject to change; [and]
   7.  Transportation  provided  pursuant  to  section thirty-six hundred
 thirty-five-b of this article[.];
   8. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  LAW,  TRANSPORTATION
 PROVIDED  IN  THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR
 DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER
 202 OF 2020, PROVIDED THAT  TRANSPORTATION WAS PROVIDED DURING THE  TIME
 PERIOD  OF  SCHOOL BUILDING CLOSURES ORDERED PURSUANT TO EXECUTIVE ORDER
 202 OF 2020. SUCH AIDABLE TRANSPORTATION SHALL INCLUDE TRANSPORTATION OF
 MEALS, EDUCATIONAL MATERIALS AND SUPPLIES TO STUDENTS,  AND  TRANSPORTA-
 TION TO PROVIDE STUDENTS WITH INTERNET ACCESS; AND
   9.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION OF LAW, EXPENDITURES
 MADE FOR TRANSPORTATION DURING THE PERIOD BETWEEN THE ISSUANCE OF EXECU-
 TIVE ORDER 202.4 ON MARCH SIXTEENTH, TWO THOUSAND TWENTY AND  THE  ISSU-
 ANCE  OF  EXECUTIVE  ORDER  202.28  ON MAY SEVENTH, TWO THOUSAND TWENTY,
 WITHOUT REGARD TO WHETHER SUCH TRANSPORTATION WAS PROVIDED.
   § 21. Intentionally omitted.
   § 22. Section 3623-a of the education law is amended by adding  a  new
 subdivision 4 to read as follows:
   4.  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION  OR  ANY OTHER
 PROVISION OF LAW TO THE CONTRARY, FOR THE COMPUTATION OF  TRANSPORTATION
 AID  PURSUANT  TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF SECTION THIR-
 TY-SIX HUNDRED TWO OF THIS ARTICLE,  ALLOWABLE  TRANSPORTATION  EXPENSES
 SHALL ALSO INCLUDE TRANSPORTATION OPERATING EXPENSES DESCRIBED IN SUBDI-
 VISION  ONE OF THIS SECTION AND TRANSPORTATION CAPITAL, DEBT SERVICE AND
 LEASE EXPENSES DESCRIBED IN SUBDIVISION TWO OF THIS SECTION INCURRED  IN
 THE  TWO  THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR: (I) DURING
 THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF
 2020 IN THE CASE OF EXPENSES PURSUANT TO SUBDIVISION  EIGHT  OF  SECTION
 THIRTY-SIX HUNDRED TWENTY-TWO-A OF THIS PART; AND (II) DURING THE PERIOD

 S. 2506--C                         18                         A. 3006--C
 
 BETWEEN  THE  ISSUANCE  OF EXECUTIVE ORDER 202.4 ON MARCH SIXTEENTH, TWO
 THOUSAND TWENTY AND THE  ISSUANCE  OF  EXECUTIVE  ORDER  202.28  ON  MAY
 SEVENTH,  TWO THOUSAND TWENTY IN THE CASE OF EXPENSES PURSUANT TO SUBDI-
 VISION  NINE  OF  SECTION  THIRTY-SIX HUNDRED TWENTY-TWO-A OF THIS PART.
 SUCH EXPENSES SHALL BE  ALLOWABLE  TRANSPORTATION  EXPENSES  EVEN  WHERE
 AIDABLE  REGULAR TRANSPORTATION AS DEFINED IN SECTION THIRTY-SIX HUNDRED
 TWENTY-TWO-A  OF  THIS  PART OF TRANSPORTATION AFTER FOUR PM PURSUANT TO
 SECTION THIRTY-SIX HUNDRED TWENTY-SEVEN OF THIS PART WAS NOT PROVIDED.
   § 22-a. Subdivision 8 of section 4410 of the education law, as amended
 by chapter 474 of the laws of 1996, is amended to read as follows:
   8. Transportation. The municipality in which a preschool child resides
 shall, beginning with the first day of service, provide either  directly
 or  by contract for suitable transportation, as determined by the board,
 to and from special services or programs; provided, however, that if the
 municipality is a city with a population of one million or more  persons
 the  municipality may delegate the authority to provide such transporta-
 tion to the board; and provided further, that prior  to  providing  such
 transportation  directly  or  contracting with another entity to provide
 such transportation,  such  municipality  or  board  shall  request  and
 encourage  the  parents  to  transport their children at public expense,
 where cost-effective, at a rate per mile or a public service fare estab-
 lished by the municipality and approved by the commissioner.  Except  as
 otherwise  provided  in this section, the parents' inability or declina-
 tion to transport their child  shall  in  no  way  [effect]  AFFECT  the
 municipality's   or   board's   responsibility  to  provide  recommended
 services. Such transportation shall be  provided  once  daily  from  the
 child  care  location  to  the special service or program and once daily
 from the special service or program to the child  care  location  up  to
 fifty miles from the child care location. If the board determines that a
 child  must  receive special services and programs at a location greater
 than fifty miles from the child care location, it shall request approval
 of the commissioner. For the purposes  of  this  subdivision,  the  term
 "child  care  location"  shall mean a child's home or a place where care
 for less than twenty-four hours a day is provided on a regular basis and
 includes, but is not limited to, a variety of child care  services  such
 as  day  care centers, family day care homes and in-home care by persons
 other than  parents.  All  transportation  of  such  children  shall  be
 provided  pursuant  to  the  procedures set forth in section two hundred
 thirty-six of the family court act using the  date  called  for  in  the
 written  notice of determination of the board or the date of the written
 notice of determination of the board, whichever comes later, in lieu  of
 the  date  the court order was issued.  NOTWITHSTANDING THIS SUBDIVISION
 OR ANY  PROVISION  OF  LAW  TO  THE  CONTRARY,  TRANSPORTATION  EXPENSES
 INCURRED  BY A MUNICIPALITY FOR OPERATING AND MAINTENANCE COSTS PURSUANT
 TO THIS SUBDIVISION DURING THE PERIOD BETWEEN THE ISSUANCE OF  EXECUTIVE
 ORDER  202.4 ON MARCH SIXTEENTH, TWO THOUSAND TWENTY AND THE ISSUANCE OF
 EXECUTIVE ORDER 202.28 ON MAY SEVENTH,  TWO  THOUSAND  TWENTY  SHALL  BE
 REIMBURSABLE  AND  CONSIDERED  APPROVED  COSTS  IN  ACCORDANCE  WITH THE
 PROVISIONS OF THIS SECTION AND THE REGULATIONS OF THE COMMISSIONER.
   § 22-b. Notwithstanding any other provision of law, rule or regulation
 to the contrary, a child who resides within a county, in a  city  school
 district  located  in a city having a population of one million or more,
 that has a population of less than one million and  who  resides  in  an
 area  containing  at  least three hundred children within a one and one-
 half mile radius shall be provided transportation  pursuant  to  section
 3627 of the education law without regard to like circumstances.

 S. 2506--C                         19                         A. 3006--C
 
   §  23.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 22 of part A of chapter 56 of the laws  of  2020,  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-one]  TWENTY-TWO;  provided  that the program shall continue and
 remain in full effect.
   § 23-a. 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 22-a of part A of chapter  56
 of the laws of 2020, 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, [2021] 2022;
   § 23-b. Subparagraph (ii) of paragraph (c) of subdivision 8 of section
 3602-ee  of  the  education law, as amended by section 22-b of part A of
 chapter 56 of the laws of 2020, is amended to read as follows:
   (ii) Provided that, notwithstanding any provisions of  this  paragraph
 to  the  contrary,  for the two thousand seventeen-two thousand eighteen
 through the two thousand [twenty] TWENTY-ONE--two thousand  [twenty-one]
 TWENTY-TWO school years an exemption to the certification requirement of
 subparagraph  (i)  of  this  paragraph may be made for a teacher without
 certification valid for  service  in  the  early  childhood  grades  who
 possesses  a written plan to obtain certification and who has registered
 in the ASPIRE workforce registry as required under  regulations  of  the
 commissioner  of  the  office  of children and family services. Notwith-
 standing any exemption  provided  by  this  subparagraph,  certification
 shall be required for employment no later than June thirtieth, two thou-
 sand  [twenty-one] TWENTY-TWO; provided that for the two thousand [twen-
 ty]TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO school year,  school
 districts  with  teachers  seeking  an  exemption  to  the certification
 requirement of subparagraph (i) of this paragraph shall submit a  report
 to the commissioner regarding (A) the barriers to certification, if any,
 (B)  the  number  of uncertified teachers registered in the ASPIRE work-
 force registry teaching  pre-kindergarten  in  the  district,  including
 those  employed  by  a  community-based  organization, (C) the number of
 previously uncertified teachers  who  have  completed  certification  as
 required  by  this  subdivision,  and  (D)  the  expected  certification
 completion date of such teachers.
   § 23-c. Subdivision 10 of section 3602-e  of  the  education  law,  as
 amended  by  section 10-a of part YYY of chapter 59 of the laws of 2019,
 is amended to read as follows:
   10. Universal prekindergarten aid. Notwithstanding  any  provision  of
 law to the contrary,
   (i)  for  aid  payable  in  the  two thousand eight--two thousand nine
 school year, the grant to each eligible school  district  for  universal
 prekindergarten aid shall be computed pursuant to this subdivision, and
   (ii)  for  the  two  thousand  nine--two thousand ten and two thousand
 ten--two thousand eleven school years, each  school  district  shall  be
 eligible  for  a  maximum  grant  equal  to the amount computed for such
 school district for the base year in the electronic data  file  produced
 by  the  commissioner  in support of the two thousand nine--two thousand
 ten education, labor and family assistance  budget,  provided,  however,
 that  in the case of a district implementing programs for the first time
 or implementing expansion programs in the two thousand eight--two  thou-
 sand nine school year where such programs operate for a minimum of nine-
 ty  days  in  any  one school year as provided in section 151-1.4 of the

 S. 2506--C                         20                         A. 3006--C
 
 regulations of the commissioner, for the two thousand nine--two thousand
 ten and two thousand ten--two thousand eleven school years, such  school
 district  shall  be  eligible  for  a  maximum grant equal to the amount
 computed  pursuant to paragraph a of subdivision nine of this section in
 the two thousand eight--two thousand nine school year, and
   (iii) for the two thousand eleven--two  thousand  twelve  school  year
 each  school district shall be eligible for a maximum grant equal to the
 amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"
 under the heading "2011-12 ESTIMATED AIDS" in the  school  aid  computer
 listing  produced  by  the commissioner in support of the enacted budget
 for the 2011-12 school year and entitled "SA111-2", and
   (iv) for two thousand twelve--two thousand thirteen through two  thou-
 sand  sixteen--two  thousand seventeen school years each school district
 shall be eligible for a maximum grant equal to the greater  of  (A)  the
 amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"
 under  the  heading  "2010-11 BASE YEAR AIDS" in the school aid computer
 listing produced by the commissioner in support of  the  enacted  budget
 for  the  2011-12  school year and entitled "SA111-2", or (B) the amount
 set forth for such school district as "UNIVERSAL PREKINDERGARTEN"  under
 the  heading "2010-11 BASE YEAR AIDS" in the school aid computer listing
 produced by the commissioner  on  May  fifteenth,  two  thousand  eleven
 pursuant  to  paragraph  b  of  subdivision  twenty-one of section three
 hundred five of this chapter, and
   (v) for the two thousand  seventeen--two  thousand  eighteen  and  two
 thousand  eighteen--two  thousand  nineteen  school  years,  each school
 district shall be eligible to receive a grant amount equal to the sum of
 (A) the amount set forth for such school district as "UNIVERSAL  PREKIN-
 DERGARTEN"  under the heading "2016-17 ESTIMATED AIDS" in the school aid
 computer listing produced by the commissioner in support of the  enacted
 budget  for the two thousand sixteen--two thousand seventeen school year
 and entitled "SA161-7" plus  (B)  the  amount  awarded  to  such  school
 district for the priority full-day prekindergarten and expanded half-day
 prekindergarten  grant  program for high need students for the two thou-
 sand sixteen--two thousand seventeen school  year  pursuant  to  chapter
 fifty-three  of  the  laws  of  two thousand thirteen, provided that for
 purposes of calculating the maintenance of effort reduction in  subdivi-
 sion  eleven  of  this  section grant amounts shall be the four-year-old
 grant amount, and
   (vi) for the two thousand nineteen--two thousand twenty  school  year,
 each  school  district shall be eligible to receive a grant amount equal
 to the sum of (A) the amount set  forth  for  such  school  district  as
 "UNIVERSAL  PREKINDERGARTEN" in the school aid computer listing produced
 by the commissioner in support of the enacted budget for the  two  thou-
 sand  eighteen--two  thousand  nineteen  school year plus (B) the amount
 awarded to such school district for the  federal  preschool  development
 expansion  grant  for  the two thousand seventeen--two thousand eighteen
 school year pursuant to the American Recovery and  Reinvestment  Act  of
 2009  (ARRA),  Sections  14005, 14006, and 14013, Title XIV, (Public Law
 112-10), as amended by section 1832(b) of Division B of  the  Department
 of  Defense  and  Full-Year Continuing Appropriations Act, 2011 (Pub. L.
 112-10), and the Department of Education Appropriations Act, 2012 (Title
 III Division F of Pub. L. 112-74, the Consolidated  Appropriations  Act,
 2012)  plus  (C)  the  amount  awarded  to  such school district for the
 expanded prekindergarten program for three and four  year-olds  for  the
 two  thousand  eighteen--two  thousand  nineteen school year pursuant to
 chapter sixty-one of the laws of  two  thousand  fifteen  plus  (D)  the

 S. 2506--C                         21                         A. 3006--C
 
 amount  awarded to such school district for the expanded prekindergarten
 for three-year-olds in high need districts program for the two  thousand
 eighteen--two  thousand  nineteen school year pursuant to chapter fifty-
 three of the laws of two thousand sixteen plus (E) the amount awarded to
 such school district for the expanded prekindergarten program for three-
 and  four-year-olds for the two thousand eighteen--two thousand nineteen
 school year pursuant to a chapter of the laws of two thousand  seventeen
 plus  (F)  the  amount  awarded  to  such school district, subject to an
 available appropriation, through the  pre-kindergarten  expansion  grant
 for  the  two  thousand  eighteen--two  thousand  nineteen  school year,
 provided that such school district has met all requirements pursuant  to
 this  section  and for purposes of calculating the maintenance of effort
 reduction in subdivision eleven of this section that such grant  amounts
 shall  be  divided into a four-year-old grant amount based on the amount
 each district was eligible to receive in the base year  to  serve  four-
 year-old  prekindergarten pupils and a three-year-old grant amount based
 on the amount each district was eligible to receive in the base year  to
 serve three-year-old pupils, and
   (vii) for the two thousand twenty--two thousand twenty-one school year
 [and  thereafter],  each  school district shall be eligible to receive a
 grant amount equal to [the sum of (A)] the amount  set  forth  for  such
 school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput-
 er  file  produced  by the commissioner in support of the enacted budget
 for the prior year [plus (B) the amount awarded to such school district,
 subject to an  available  appropriation,  through  the  pre-kindergarten
 expansion  grant  for the prior year, provided that such school district
 has met all requirements pursuant to this section and  for  purposes  of
 calculating the maintenance of effort reduction in subdivision eleven of
 this  section that such grant amounts shall be divided into a four-year-
 old grant amount based on the  amount  each  district  was  eligible  to
 receive  in  the base year to serve four-year-old prekindergarten pupils
 and a three-year-old grant amount based on the amount each district  was
 eligible  to  receive  in  the base year to serve three-year-old pupils]
 EXCLUDING AMOUNTS SUBJECT TO SECTION THIRTY-SIX HUNDRED TWO-EE  OF  THIS
 PART,  and  provided further that the maximum grant shall not exceed the
 total actual grant expenditures incurred by the school district  in  the
 current school year as approved by the commissioner, AND
   (VIII) FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL
 YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A
 GRANT  AMOUNT  EQUAL  TO  THE  SUM  OF (A) THE AMOUNT SET FORTH FOR SUCH
 SCHOOL DISTRICT AS "UNIVERSAL PREKINDERGARTEN ALLOCATION" ON THE COMPUT-
 ER FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  ENACTED  BUDGET
 FOR  THE  PRIOR  YEAR  EXCLUDING  AMOUNTS  SUBJECT TO SECTION THIRTY-SIX
 HUNDRED TWO-EE OF THIS PART AND FURTHER EXCLUDING AMOUNTS PAID  PURSUANT
 TO SUBDIVISION NINETEEN OF THIS SECTION PLUS (B) THE FULL-DAY 4-YEAR-OLD
 UNIVERSAL  PREKINDERGARTEN  EXPANSION  ADDED  PURSUANT TO PARAGRAPH E OF
 SUBDIVISION NINETEEN OF THIS SECTION, PROVIDED THAT SUCH SCHOOL DISTRICT
 HAS MET ALL REQUIREMENTS PURSUANT TO THIS SECTION AND SUCH GRANTS  SHALL
 BE  ADDED  INTO  A  FOUR-YEAR-OLD  GRANT AMOUNT BASED ON THE AMOUNT EACH
 DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR TO SERVE FOUR-YEAR-OLD
 PREKINDERGARTEN PUPILS, PLUS (C)  THE  AMOUNT  AWARDED  TO  SUCH  SCHOOL
 DISTRICT,  SUBJECT TO AN AVAILABLE APPROPRIATION, THROUGH THE PREKINDER-
 GARTEN EXPANSION GRANT FOR THE PRIOR YEAR,  PROVIDED  THAT  SUCH  SCHOOL
 DISTRICT  HAS  MET  ALL  REQUIREMENTS  PURSUANT  TO THIS SECTION AND FOR
 PURPOSES OF CALCULATING THE MAINTENANCE OF EFFORT REDUCTION IN  SUBDIVI-
 SION  ELEVEN  OF  THIS  SECTION THAT SUCH GRANT AMOUNTS SHALL BE DIVIDED

 S. 2506--C                         22                         A. 3006--C
 
 INTO A FOUR-YEAR-OLD GRANT AMOUNT BASED ON THE AMOUNT EACH DISTRICT  WAS
 ELIGIBLE  TO  RECEIVE IN THE BASE YEAR TO SERVE FOUR-YEAR-OLD PREKINDER-
 GARTEN PUPILS AND A THREE-YEAR-OLD GRANT AMOUNT BASED ON THE AMOUNT EACH
 DISTRICT  WAS  ELIGIBLE TO RECEIVE IN THE BASE YEAR TO SERVE THREE-YEAR-
 OLD PUPILS, AND PROVIDED FURTHER THAT THE MAXIMUM GRANT SHALL NOT EXCEED
 THE TOTAL ACTUAL GRANT EXPENDITURES INCURRED BY THE SCHOOL  DISTRICT  IN
 THE CURRENT SCHOOL YEAR AS APPROVED BY THE COMMISSIONER.
   a.  Each  school  district  shall  be eligible to serve the sum of (i)
 eligible full-day four-year-old prekindergarten pupils plus (ii)  eligi-
 ble  half-day  four-year-old  prekindergarten pupils plus (iii) eligible
 full-day three-year-old prekindergarten pupils plus (iv) eligible  half-
 day three-year-old prekindergarten pupils.
   b. For purposes of paragraph a of this subdivision:
   (i)  "Selected  aid per prekindergarten pupil" shall equal the greater
 of (A) the product of five-tenths and  the  school  district's  selected
 foundation  aid for the current year, or (B) the aid per prekindergarten
 pupil calculated pursuant to this subdivision for the two thousand  six-
 two thousand seven school year, based on data on file for the school aid
 computer  listing produced by the commissioner in support of the enacted
 budget for the two thousand six--two  thousand  seven  school  year  and
 entitled  "SA060-7"; provided, however, that in the two thousand eight--
 two thousand nine school year, a city school district in a city having a
 population of one million inhabitants or more shall not be  eligible  to
 select  aid  per  prekindergarten  pupil  pursuant to clause (A) of this
 subparagraph;
   (ii) (1)  "Eligible  Full-day  four-year-old  prekindergarten  pupils"
 shall equal:
   For  the two thousand seventeen--two thousand eighteen school year the
 sum of, from the priority  full-day  prekindergarten  program,  (A)  the
 maximum  aidable  pupils such district was eligible to serve in the base
 year plus (B) the maximum aidable  number  of  half-day  prekindergarten
 pupils converted into a full-day prekindergarten pupil in the base year;
   For  the  two thousand eighteen--two thousand nineteen school year the
 sum of, from the programs pursuant to  this  section,  (A)  the  maximum
 aidable  full-day  prekindergarten  pupils such district was eligible to
 serve in the base year plus (B) the maximum aidable number  of  half-day
 prekindergarten pupils converted into full-day prekindergarten pupils in
 the base year;
   For the two thousand nineteen--two thousand twenty school year the sum
 of,  from  each  of  (A)  the programs pursuant to this section, (B) the
 federal preschool development expansion grant, (C) the expanded  prekin-
 dergarten  program,  (D) the expanded prekindergarten program for three-
 and four-year-olds, and (E) the prekindergarten expansion grant, (1) the
 maximum  aidable  full-day  four-year-old  prekindergarten  pupils  such
 district  was  eligible  to serve in the base year, plus (2) the maximum
 aidable  number  of  half-day   four-year-old   prekindergarten   pupils
 converted into full-day prekindergarten pupils in the base year;
   For  the two thousand twenty--two thousand twenty-one school year [and
 thereafter] the sum of, from each of (A) the programs pursuant  to  this
 section  and  (B)  the pre-kindergarten expansion grant, (1) the maximum
 aidable full-day four-year-old prekindergarten pupils such district  was
 eligible  to serve in the base year, plus (2) the maximum aidable number
 of half-day four-year-old prekindergarten pupils converted into full-day
 prekindergarten pupils in the base year;
   FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO  SCHOOL  YEAR
 AND  THEREAFTER, THE SUM OF, FROM THE PROGRAMS PURSUANT TO THIS SUBDIVI-

 S. 2506--C                         23                         A. 3006--C

 SION, (1) THE MAXIMUM  AIDABLE  FULL-DAY  FOUR-YEAR-OLD  PREKINDERGARTEN
 PUPILS  SUCH  DISTRICT  WAS ELIGIBLE TO SERVE IN THE BASE YEAR, PLUS (2)
 THE MAXIMUM AIDABLE NUMBER  OF  HALF-DAY  FOUR-YEAR-OLD  PREKINDERGARTEN
 PUPILS  CONVERTED INTO FULL-DAY PREKINDERGARTEN PUPILS IN THE BASE YEAR,
 PLUS (3) EXPANSION SLOTS ADDED PURSUANT TO PARAGRAPH  E  OF  SUBDIVISION
 NINETEEN OF THIS SECTION.
   (2)  "Eligible  full-day  three-year-old prekindergarten pupils" shall
 equal:
   For the two thousand nineteen--two thousand twenty  school  year,  the
 sum  of,  from each of (A) the expanded prekindergarten program, (B) the
 expanded prekindergarten program for three-year-olds, (C)  the  expanded
 prekindergarten program for three- and four-year-olds, and (D) the prek-
 indergarten  expansion  grant,  (1)  the maximum aidable full-day three-
 year-old prekindergarten pupils such district was eligible to  serve  in
 the  base  year,  plus (2) the maximum aidable number of half-day three-
 year-old prekindergarten pupils converted into full-day  prekindergarten
 pupils in the base year;
   For  the  two thousand twenty--two thousand twenty-one school year and
 thereafter, the sum of, from each of (A) the programs pursuant  to  this
 section,  and  (B)  the prekindergarten expansion grant, (1) the maximum
 aidable full-day three-year-old prekindergarten pupils such district was
 eligible to serve in the base year, plus (2) the maximum aidable  number
 of  half-day  three-year-old prekindergarten pupils converted into full-
 day prekindergarten pupils in the base year;
   (iii) (1) "Eligible  half-day  four-year-old  prekindergarten  pupils"
 shall equal:
   For  the two thousand seventeen--two thousand eighteen school year the
 sum of the maximum aidable half-day prekindergarten pupils such district
 was eligible to serve for the base year from (A) the program pursuant to
 this section plus such pupils from (B) the priority full-day  prekinder-
 garten  program,  less the maximum aidable number of half-day prekinder-
 garten pupils converted into full-day prekindergarten pupils  under  the
 priority full-day prekindergarten program for the base year;
   For  the two thousand eighteen--two thousand nineteen school year, the
 maximum aidable half-day prekindergarten pupils such district was eligi-
 ble to serve for the  base  year  from  the  program  pursuant  to  this
 section;
   For  the  two  thousand nineteen--two thousand twenty school year, the
 sum of the maximum aidable half-day four-year-old prekindergarten pupils
 such district was eligible to serve for  the  base  year  from  (A)  the
 program  pursuant to this section plus such pupils from (B) the expanded
 prekindergarten program plus such pupils from (C) the  expanded  prekin-
 dergarten  program  for  three- and four-year-olds plus such pupils from
 (D) the prekindergarten expansion grant, less the  sum  of  the  maximum
 aidable   number   of   half-day  four-year-old  prekindergarten  pupils
 converted into full-day four-year-old prekindergarten pupils under  each
 of (1) the federal preschool expansion grant for the base year plus such
 pupils  from  (2)  the expanded prekindergarten program plus such pupils
 from (3) the expanded prekindergarten program for three- and  four-year-
 olds  plus  such pupils from (4) the prekindergarten expansion grant for
 the base year;
   For the two thousand twenty--two thousand twenty-one school  year  and
 thereafter,  the sum of the maximum aidable half-day four-year-old prek-
 indergarten pupils such district was eligible to serve for the base year
 from (A) the program pursuant to this section plus such pupils from  (B)
 the pre-kindergarten expansion grant, less the maximum aidable number of

 S. 2506--C                         24                         A. 3006--C
 
 half-day  four-year-old  prekindergarten  pupils converted into full-day
 four-year-old prekindergarten pupils under the prekindergarten expansion
 grant for the base year;
   (2)  "Eligible  half-day  three-year-old prekindergarten pupils" shall
 equal:
   For the two thousand nineteen--two thousand twenty  school  year,  the
 sum  of  the  maximum  aidable  half-day  three-year-old prekindergarten
 pupils such district was eligible to serve for the base  year  from  (A)
 the  expanded  prekindergarten  program  plus  such  pupils from (B) the
 expanded prekindergarten for three-year-olds plus such pupils  from  (C)
 the  expanded prekindergarten program for three- and four-year-olds plus
 such pupils from (D) the prekindergarten expansion grant, less  the  sum
 of the maximum aidable number of half-day three-year-old prekindergarten
 pupils  converted  into  full-day  three-year-old prekindergarten pupils
 under each of (1) the expanded prekindergarten program plus such  pupils
 from  (2)  the  expanded  prekindergarten  for three-year-olds plus such
 pupils from (3) the expanded  prekindergarten  program  for  three-  and
 four-year-olds  plus  such pupils from (4) the prekindergarten expansion
 grant for the base year;
   For the two thousand twenty--two thousand twenty-one school  year  and
 thereafter, the sum of the maximum aidable half-day three-year-old prek-
 indergarten pupils such district was eligible to serve for the base year
 from  (A) the program pursuant to this section plus such pupils from (B)
 the prekindergarten expansion grant, less the maximum aidable number  of
 half-day  three-year-old  prekindergarten pupils converted into full-day
 three-year-old prekindergarten pupils under the  prekindergarten  expan-
 sion grant for the base year;
   (iv)  "Unserved  four-year-old  prekindergarten pupils" shall mean the
 product of eighty-five percent multiplied by the positive difference, if
 any, between the sum of the public school enrollment and  the  nonpublic
 school enrollment of children attending full day and half day kindergar-
 ten programs in the district in the year prior to the base year less the
 number  of  resident children who attain the age of four before December
 first of the base year, who were served during such  school  year  by  a
 prekindergarten  program approved pursuant to section forty-four hundred
 ten of this chapter, where such services are provided for more than four
 hours per day;
   (v) (1) "Prekindergarten four-year-old  maintenance  of  effort  base"
 shall mean the number of eligible full-day four-year-old prekindergarten
 pupils  set forth for the district in this paragraph plus the product of
 one half (0.5) multiplied by the number of eligible half-day  four-year-
 old prekindergarten pupils set forth for the district in this paragraph;
   (2)  "Prekindergarten three-year-old maintenance of effort base" shall
 mean the number  of  eligible  full-day  three-year-old  prekindergarten
 pupils  set forth for the district in this paragraph plus the product of
 one half (0.5) multiplied by the number of eligible half-day three-year-
 old prekindergarten pupils set forth for the district in this paragraph;
   (vi) (1) "Current year four-year-old  prekindergarten  pupils  served"
 shall  mean  the  sum  of  full day four-year-old prekindergarten pupils
 served in the current year plus the product of one half (0.5) multiplied
 by the half day four-year-old prekindergarten pupils in the current year
 less the half-day four-year-old conversion overage;
   (2) "Current year three-year-old prekindergarten pupils served"  shall
 mean the sum of full day three-year-old prekindergarten pupils served in
 the  current  year  plus the product of one half (0.5) multiplied by the

 S. 2506--C                         25                         A. 3006--C
 
 half day three-year-old prekindergarten pupils in the current year  less
 the half-day three-year-old conversion overage;
   (vii) (1) "Half-day four-year-old conversion overage" shall equal, for
 districts with thirty percent fewer full-day four-year-old prekindergar-
 ten  pupils served in the current year than eligible full-day four-year-
 old prekindergarten pupils as set forth in this  paragraph  due  to  the
 conversion  of  full-day  four-year-old prekindergarten pupils served in
 the current year to half-day four year-old prekindergarten pupils served
 in the current year, the  difference  of  the  product  of  seven-tenths
 multiplied by the eligible full-day four-year-old prekindergarten pupils
 rounded  down  to  the nearest whole number, less the number of full-day
 four-year-old prekindergarten pupils served in the current year;
   (2) "Half-day three-year-old  conversion  overage"  shall  equal,  for
 districts  with  thirty percent fewer full-day three-year-old prekinder-
 garten pupils served in the current year than eligible  full-day  three-
 year-old  prekindergarten  pupils  as  set  forth in paragraph b of this
 subdivision due to the conversion of full-day three-year-old  prekinder-
 garten  pupils  served  in  the  current year to half-day three-year-old
 prekindergarten pupils served in the current year, the difference of the
 product of seven-tenths multiplied by the eligible full-day  three-year-
 old  prekindergarten  pupils  rounded  down to the nearest whole number,
 less the number of full-day three-year-old prekindergarten pupils served
 in the current year;
   (3) Provided that a district may apply to the commissioner for a hard-
 ship waiver that would allow a district  to  convert  more  than  thirty
 percent  of  full-day four-year-old prekindergarten pupils served in the
 current year to half-day four-year-old prekindergarten pupils served  in
 the  current year or three-year-old prekindergarten pupils served in the
 current year to half-day three-year-old prekindergarten pupils served in
 the current year and receive funding for such slots. Such  waiver  shall
 be  granted  upon  a  demonstration by the school district that due to a
 significant change in the resources available to the school district and
 absent this hardship waiver, the school  district  would  be  unable  to
 serve  such  pupils in prekindergarten programs, without causing signif-
 icant disruption to other district programming;
   (viii) (1) "Maintenance of effort  factor  for  four-year-olds"  shall
 mean  the  quotient arrived at when dividing the current year four-year-
 old prekindergarten pupils served by the  prekindergarten  four-year-old
 maintenance of effort base;
   (2)  "Maintenance of effort factor for three-year-olds" shall mean the
 quotient arrived at when dividing the current year three-year-old  prek-
 indergarten  pupils served by the prekindergarten three-year-old mainte-
 nance of effort base;
   (ix) For the purposes of this paragraph:
   (A) "Priority full-day prekindergarten program" shall mean the priori-
 ty full-day prekindergarten and expanded half-day prekindergarten  grant
 program  for  high  need students pursuant to chapter fifty-three of the
 laws of two thousand thirteen;
   (B) "Federal preschool development expansion  grant"  shall  mean  the
 federal  preschool  development expansion grant pursuant to the American
 Recovery and Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and
 14013, Title XIV, (Public Law 112-10), as amended by section 1832(b)  of
 Division  B of the Department of Defense and Full-Year Continuing Appro-
 priations Act, 2011 (Pub. L. 112-10), and the  Department  of  Education
 Appropriations  Act,  2012 (Title III Division F of Pub. L.  112-74, the
 Consolidated Appropriations Act, 2012);

 S. 2506--C                         26                         A. 3006--C
 
   (C) "Expanded prekindergarten program" shall mean the expanded prekin-
 dergarten program for three-  and  four-year-olds  pursuant  to  chapter
 sixty-one of the laws of two thousand fifteen;
   (D)  "Expanded  prekindergarten  for  three-year-olds"  shall mean the
 expanded prekindergarten for  three-year-olds  in  high  need  districts
 program  pursuant  to  chapter  fifty-three  of the laws of two thousand
 sixteen;
   (E) "Expanded prekindergarten program for three-  and  four-year-olds"
 shall  mean  the  expanded  prekindergarten program for three- and four-
 year-olds pursuant to a chapter of the laws of two thousand seventeen;
   (F) "Prekindergarten expansion grant" shall mean  the  prekindergarten
 expansion  grant  for  the  two thousand eighteen--two thousand nineteen
 school year and thereafter, pursuant to  subdivision  eighteen  of  this
 section,  to  the extent such program was available subject to appropri-
 ation, and provided that such school district has met  all  requirements
 pursuant to this section.
   c.  Notwithstanding  any  other  provision  of this section, the total
 grant payable pursuant to this section shall equal the  lesser  of:  (i)
 the  sum of the four-year-old grant amount plus the three-year-old grant
 amount computed pursuant to this subdivision for the current year, based
 on data on file with the commissioner  as  of  September  first  of  the
 school year immediately following or (ii) the total actual grant expend-
 itures incurred by the school district as approved by the commissioner.
   d. Notwithstanding any other provision of this section, apportionments
 under this section greater than the amounts provided in the two thousand
 sixteen--two  thousand  seventeen  school  year  shall  only  be used to
 supplement and not supplant current local expenditures of state or local
 funds on prekindergarten programs and the number  of  eligible  full-day
 four-year-old  prekindergarten  pupils and eligible full-day three-year-
 old prekindergarten pupils in such programs from such  sources.  Current
 local  expenditures  shall  include  any  local expenditures of state or
 local funds used to supplement or extend services provided  directly  or
 via  contract to eligible children enrolled in a universal prekindergar-
 ten program pursuant to this section.
   § 23-d. Section 3602-e of the education law is amended by adding a new
 subdivision 19 to read as follows:
   19. FULL-DAY FOUR-YEAR-OLD  UNIVERSAL  PREKINDERGARTEN  EXPANSION.  A.
 ALLOCATION.  FOR  THE  TWO  THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO
 THROUGH  TWO-THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR   SCHOOL
 YEARS,  SCHOOL  DISTRICTS  SHALL  BE  ELIGIBLE TO RECEIVE A GRANT AMOUNT
 EQUAL TO TWICE THE PRODUCT OF EXPANSION SLOTS MULTIPLIED BY SELECTED AID
 PER PREKINDERGARTEN PUPIL CALCULATED PURSUANT TO SUBPARAGRAPH I OF PARA-
 GRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND  TWENTY-
 ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, AND PROVIDED FURTHER THAT THIS
 ALLOCATION  SHALL  NOT  EXCEED  THE  TOTAL ACTUAL FULL-DAY FOUR-YEAR-OLD
 UNIVERSAL PREKINDERGARTEN EXPANSION GRANT EXPENDITURES INCURRED  BY  THE
 SCHOOL  DISTRICT  IN  THE CURRENT SCHOOL YEAR AS APPROVED BY THE COMMIS-
 SIONER. GRANTEES AWARDED FUNDS UNDER THIS SUBDIVISION SHALL COMPLY  WITH
 ALL  OF THE SAME RULES AND REQUIREMENTS AS THE UNIVERSAL PREKINDERGARTEN
 PROGRAMS PURSUANT TO THIS SECTION.
   B. EXPANSION SLOTS. (I) FOR THE TWO THOUSAND TWENTY-ONE--TWO  THOUSAND
 TWENTY-TWO  SCHOOL  YEAR, FOR ELIGIBLE SCHOOL DISTRICTS, THE PRELIMINARY
 SLOT COUNT SHALL BE EQUAL TO THE POSITIVE DIFFERENCE OF: (1) THE PRODUCT
 OF THREE THOUSAND FIVE HUNDRED AND  FOUR  TEN-THOUSANDTHS  (0.3504)  AND
 UNSERVED  FOUR-YEAR-OLD  PREKINDERGARTEN  PUPILS  CALCULATED PURSUANT TO
 SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION  TEN  OF  THIS  SECTION;

 S. 2506--C                         27                         A. 3006--C
 
 LESS  (2)  THE SUM OF: (A) FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS
 SERVED IN THE TWO THOUSAND NINETEEN--TWO  THOUSAND  TWENTY  SCHOOL  YEAR
 PURSUANT  TO  THIS SECTION; PLUS (B) STUDENTS SERVED IN FULL-DAY PREKIN-
 DERGARTEN  PROGRAMS  FUNDED  BY  GRANTS  PURSUANT  TO SECTION THIRTY-SIX
 HUNDRED TWO-EE OF THIS PART IN THE YEAR PRIOR TO THE BASE YEAR. IF  SUCH
 PRELIMINARY  SLOT  COUNT  IS LESS THAN TEN, THE EXPANSION SLOTS SHALL BE
 ZERO; IF SUCH PRELIMINARY SLOT COUNT IS GREATER THAN OR EQUAL TO TEN BUT
 LESS THAN TWENTY, THE EXPANSION SLOTS SHALL BE  TWENTY;  FOR  ALL  OTHER
 ELIGIBLE  DISTRICTS,  THE EXPANSION SLOTS SHALL EQUAL TO THE PRELIMINARY
 SLOT COUNT.
   C. ELIGIBILITY. (I) FOR  THE  TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND
 TWENTY-TWO  SCHOOL  YEAR,  SCHOOL  DISTRICTS  SHALL BE ELIGIBLE FOR THIS
 EXPANSION IF: (1) THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPAR-
 AGRAPH ONE OF PARAGRAPH C OF SUBDIVISION  THREE  OF  SECTION  THIRTY-SIX
 HUNDRED  TWO  OF  THIS PART IS LESS THAN TWO (2.0); AND (2) THE QUOTIENT
 ARRIVED AT WHEN DIVIDING: (A) THE SUM  OF:  (1)  FULL-DAY  AND  HALF-DAY
 FOUR-YEAR-OLD  PREKINDERGARTEN  PUPILS  SERVED IN THE TWO THOUSAND NINE-
 TEEN--TWO THOUSAND TWENTY SCHOOL YEAR PURSUANT TO THIS SECTION; PLUS (2)
 STUDENTS SERVED IN FULL-DAY PREKINDERGARTEN PROGRAMS  FUNDED  BY  GRANTS
 PURSUANT  TO  SECTION THIRTY-SIX HUNDRED  TWO-EE OF THIS PART IN THE TWO
 THOUSAND NINETEEN--TWO THOUSAND  TWENTY  SCHOOL  YEAR;  DIVIDED  BY  (B)
 UNSERVED  FOUR-YEAR-OLD  PREKINDERGARTEN  PUPILS  CALCULATED PURSUANT TO
 SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS  SECTION  IS
 LESS THAN FIVE TENTHS (0.50).
   D.  MAINTENANCE  OF EFFORT. WHERE A SCHOOL DISTRICT SERVES FEWER FOUR-
 YEAR-OLD PREKINDERGARTEN PUPILS IN FULL-DAY PROGRAMS FUNDED BY THE FULL-
 DAY FOUR-YEAR-OLD UNIVERSAL PREKINDERGARTEN EXPANSION PURSUANT  TO  THIS
 SUBDIVISION THAN THE NUMBER OF EXPANSION SLOTS AS DEFINED IN PARAGRAPH B
 OF  THIS  SUBDIVISION,  THE  SCHOOL DISTRICT SHALL HAVE ITS CURRENT YEAR
 FULL-DAY  FOUR-YEAR-OLD  UNIVERSAL  PREKINDERGARTEN  EXPANSION   PAYMENT
 REDUCED  TO  AN  AMOUNT  EQUAL TO THE PRODUCT OF: (I) THE FULL-DAY FOUR-
 YEAR-OLD UNIVERSAL PREKINDERGARTEN EXPANSION;  MULTIPLIED  BY  (II)  THE
 QUOTIENT  OF  FOUR-YEAR-OLD  PREKINDERGARTEN  PUPILS  SERVED IN PROGRAMS
 FUNDED BY THE FULL-DAY FOUR-YEAR-OLD UNIVERSAL PREKINDERGARTEN EXPANSION
 DIVIDED BY THE NUMBER OF EXPANSION SLOTS.  FUNDS  PROVIDED  PURSUANT  TO
 THIS  SUBDIVISION  SHALL  ONLY  BE  USED  TO SUPPLEMENT AND NOT SUPPLANT
 CURRENT LOCAL EXPENDITURES OF STATE OR LOCAL  FUNDS  ON  PREKINDERGARTEN
 PROGRAMS.
   E.  UNIVERSAL  PREKINDERGARTEN PROGRAM CONSOLIDATION. IN THE EVENT THE
 DIRECTOR OF THE BUDGET DETERMINES THAT THE  AVAILABLE  APPROPRIATION  OF
 FEDERAL FUNDS IS INSUFFICIENT FOR THE ALLOCATION PURSUANT TO THIS SUBDI-
 VISION, THE DIFFERENCE BETWEEN THE AVAILABLE APPROPRIATION AND THE ALLO-
 CATION  SHALL  BE ADDED TO UNIVERSAL PREKINDERGARTEN AID GRANTS PURSUANT
 TO SUBDIVISION TEN OF THIS SECTION. THE DEPARTMENT SHALL DETERMINE WHICH
 AND HOW MANY GRANTS SHALL BE AWARDED PURSUANT TO SUBDIVISION TEN OF THIS
 SECTION IN LIEU OF THIS SUBDIVISION  PROVIDED  THAT  SUCH  DETERMINATION
 SHALL  BE  SUBJECT  TO  THE  APPROVAL OF THE DIRECTOR OF THE BUDGET. THE
 CORRESPONDING NUMBER OF EXPANSION SLOTS SHALL ALSO BE ADDED TO  ELIGIBLE
 FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH
 (II)  OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION TO ENSURE CONTI-
 NUITY OF SERVICES. PROVIDED THAT FOR THE TWO  THOUSAND  TWENTY-FOUR--TWO
 THOUSAND  TWENTY-FIVE  SCHOOL YEAR, ANY FULL-DAY FOUR-YEAR-OLD UNIVERSAL
 PREKINDERGARTEN   EXPANSION ALLOCATION FROM  THE  TWO  THOUSAND  TWENTY-
 THREE--TWO  THOUSAND  TWENTY-FOUR  SCHOOL  YEAR  NOT PREVIOUSLY ADDED TO
 UNIVERSAL PREKINDERGARTEN AID GRANTS PURSUANT TO THIS PARAGRAPH SHALL BE

 S. 2506--C                         28                         A. 3006--C
 
 SO ADDED, AND ALL EXPANSION SLOTS NOT PREVIOUSLY ADDED TO ELIGIBLE FULL-
 DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS SHALL ALSO BE ADDED.
   F.  FUTURE  EXPANSIONS.  WITHIN  THE  ADDITIONAL  AMOUNTS APPROPRIATED
 THEREFOR IN THE STATE BUDGETS ENACTED FOR THE TWO THOUSAND  TWENTY-TWO--
 TWO  THOUSAND  TWENTY-THREE  AND TWO THOUSAND TWENTY-THREE--TWO THOUSAND
 TWENTY-FOUR FISCAL YEARS, ADDITIONAL GRANTS SHALL BE ALLOCATED  PURSUANT
 TO THIS SUBDIVISION.
   G. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FOR THE PURPOSES
 OF  DETERMINING  THE  PREKINDERGARTEN  ALLOCATION ON THE ELECTRONIC DATA
 FILE PREPARED BY THE COMMISSIONER PURSUANT TO SUBDIVISION TWENTY-ONE  OF
 SECTION  THREE HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-
 ONE--TWO THOUSAND  TWENTY-TWO  THROUGH  TWO  THOUSAND  TWENTY-THREE--TWO
 THOUSAND  TWENTY-FOUR  SCHOOL  YEARS,  THE  COMMISSIONER  IS DIRECTED TO
 INCLUDE THE GRANT AMOUNTS AWARDED PURSUANT TO THIS SECTION IN THE AMOUNT
 SET FORTH FOR SUCH SCHOOL DISTRICT AS "UNIVERSAL PRE-KINDERGARTEN."
   § 24. Intentionally omitted.
   § 24-a. All the acts done and proceedings heretofore had and taken  or
 caused  to  be  had  and  taken  by (a) the Huntington union free school
 district and by all  of  its  officers  or  agents  relating  to  or  in
 connection  with  final  building cost reports required to be filed with
 the state education department for approved building projects  completed
 prior  to  December  31, 2011, (b) the Liverpool central school district
 and by all its officers or agents relating  to  or  in  connection  with
 certain  final cost reports to be filed with the state education depart-
 ment for projects  0001-003,  0001-005,  0002-007,  0003-003,  0003-005,
 0004-005,  0005-006,  0007-003,  0009-004, 0009-006, 0010-005, 0010-007,
 0012-003, 0014-005, 0015-003, 0016-007,  0016-010,  0016-011,  0018-008,
 0018-010,  0019-007, 0024-004, 4011-001, and 5008-002, and (c) the Marl-
 boro central school district, and by all its officers or agents relating
 to or in connection with certain final cost reports to be filed with the
 state education department for project number 006-005 and all acts inci-
 dental 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.
   § 24-b. Notwithstanding section 24-a of part A of chapter  57  of  the
 laws of 2013, and consistent with section twenty-four-a of this act, the
 commissioner  of  education  shall not recover from the Huntington union
 free school district, the Liverpool  central  school  district,  or  the
 Marlboro  central  school  district  any  penalty  arising from the late
 filing of a final cost report pursuant to section 31 of part A of  chap-
 ter  57 of the laws of 2012, provided that any amounts already so recov-
 ered shall be deemed a payment of moneys due for prior years pursuant to
 paragraph c of subdivision 5 of section 3604 of the  education  law  and
 shall  be  paid  to the appropriate district pursuant to such provision,
 provided that such school district: (a) submitted the  late  or  missing
 final  building  cost  report to the commissioner of education; (b) such
 cost report is approved by the commissioner of education; (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 of education; and (d) the failure to submit such report  in
 a  timely  manner was an inadvertent administrative or ministerial over-
 sight by the school district, and there is no evidence of any fraudulent
 or other improper intent by such district.

 S. 2506--C                         29                         A. 3006--C
 
   § 24-c. All the acts done and proceedings heretofore had and taken  or
 caused  to  be  had  and  taken by the Cold Spring Harbor central school
 district and by  all  officers,  employees  or  agents  of  such  school
 district  relating  to  or  in connection with a transportation contract
 E259217  of  the 2013-14 school year, and all acts incidental hereto are
 hereby legalized, validated, ratified and confirmed, notwithstanding 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 5 of
 section 3604 of the education law, in relation to any  omission,  error,
 defect,  irregularity or illegality in such proceeding had and taken and
 provided that the failure to submit a transportation contract in a time-
 ly 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.
   §  24-d. The state education department is hereby directed to consider
 the aforementioned contract for transportation aid as valid  and  proper
 obligations  of the Cold Spring Harbor central school district 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  5  of
 section  3604  of  the  education  law  and  shall be paid to the school
 district pursuant to such provision.
   § 25. Intentionally omitted.
   § 26. The opening paragraph of section 3609-a of the education law, as
 amended by section 24 of part A of chapter 56 of the laws  of  2020,  is
 amended to read as follows:
   For  aid  payable in the two thousand seven--two thousand eight school
 year through the two thousand [twenty] TWENTY-ONE--two  thousand  [twen-
 ty-one]  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 thir-
 ty-six hundred two of this part minus any  reductions  to  current  year
 aids pursuant to subdivision seven of section thirty-six hundred four of
 this  part  or any deduction from 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

 S. 2506--C                         30                         A. 3006--C
 
 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]
 TWENTY-ONE--two  thousand [twenty-one] TWENTY-TWO school year, reference
 to such "school aid computer listing for the current  year"  shall  mean
 the printouts entitled ["SA202-1"] "SA212-2".
   § 27. Intentionally omitted.
   § 28. Intentionally omitted.
   § 29. Intentionally omitted.
   § 30. Intentionally omitted.
   § 31. Intentionally omitted.
   § 32. Intentionally omitted.
   § 33. Intentionally omitted.
   § 34. Intentionally omitted.
   § 35. Intentionally omitted.
   § 36. Intentionally omitted.
   § 36-a. Intentionally omitted.
   § 36-b. Intentionally omitted.
   §  36-c.  Paragraph (d) of subdivision 1 of section 2856 of the educa-
 tion law, as amended by section 4 of part YYY of chapter 59 of the  laws
 of 2017, is amended to read as follows:
   (d)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen,  two  thousand sixteen--two thousand seventeen school years and
 thereafter. PROVIDED THAT FOR EXPENSES  INCURRED  IN  THE  TWO  THOUSAND
 TWENTY--TWO  THOUSAND TWENTY-ONE SCHOOL YEAR, FOR A CITY SCHOOL DISTRICT
 IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE ANNUAL  APPOR-
 TIONMENT  SHALL  BE REDUCED BY THIRTY-FIVE MILLION DOLLARS ($35,000,000)
 UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET OF THE AVAILABILITY  OF
 A  GRANT  IN  THE  SAME  AMOUNT FROM THE ELEMENTARY AND SECONDARY SCHOOL
 EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERICAN RESCUE PLAN ACT  OF
 2021.
   §  36-d.  Paragraph (c) of subdivision 1 of section 2856 of the educa-
 tion law, as amended by section 4-a of part YYY of  chapter  59  of  the
 laws of 2017, is amended to read as follows:
   (c)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen,  two  thousand sixteen--two thousand seventeen school years and
 thereafter. PROVIDED THAT FOR EXPENSES  INCURRED  IN  THE  TWO  THOUSAND
 TWENTY--TWO  THOUSAND TWENTY-ONE SCHOOL YEAR, FOR A CITY SCHOOL DISTRICT
 IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE ANNUAL  APPOR-
 TIONMENT  SHALL  BE REDUCED BY THIRTY-FIVE MILLION DOLLARS ($35,000,000)
 UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET OF THE AVAILABILITY  OF
 A  GRANT  IN  THE  SAME  AMOUNT FROM THE ELEMENTARY AND SECONDARY SCHOOL
 EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERICAN RESCUE PLAN ACT  OF
 2021.
   § 37. Intentionally omitted.

 S. 2506--C                         31                         A. 3006--C
 
   §  37-a. Subdivision 21 of section 305 of the education law is amended
 by adding a new paragraph e to read as follows:
   E.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 IN PREPARING AN ELECTRONIC DATA FILE PURSUANT TO  PARAGRAPH  B  OF  THIS
 SUBDIVISION, FOR THE PURPOSES OF USING ESTIMATED DATA FOR PROJECTIONS OF
 APPORTIONMENTS FOR THE FOLLOWING SCHOOL YEAR, THE COMMISSIONER SHALL (I)
 CALCULATE  THE  NEGATIVE  DIFFERENCE,  IF  ANY,  OF THE ALLOWABLE GROWTH
 AMOUNT COMPUTED  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION  THIRTY-SIX
 HUNDRED  TWO OF THIS CHAPTER LESS THE PRELIMINARY GROWTH AMOUNT PURSUANT
 TO SUCH SUBDIVISION, AND (II) INCLUDE SUCH NEGATIVE  DIFFERENCE  AS  THE
 "GROWTH  CAP  ADJUSTMENT"  IN ANY FILE THAT AGGREGATES APPORTIONMENTS OF
 GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PURPOSE  OF  DETERMINING  THE
 AMOUNTS  NECESSARY  IN THE STATE FISCAL YEARS ASSOCIATED WITH THE SCHOOL
 YEAR ESTIMATES, PROVIDED THAT THE COMMISSIONER SHALL  NOT  ALLOCATE  ANY
 AMOUNT OF SUCH GROWTH CAP ADJUSTMENT TO ANY SCHOOL DISTRICT.
   § 37-b. Paragraph cc of subdivision 1 of section 3602 of the education
 law is REPEALED.
   § 37-c. Paragraph c of subdivision 17 of section 3602 of the education
 law is REPEALED.
   §  37-d.  Notwithstanding  any  provision  of law or regulation to the
 contrary, if as a result of the state disaster emergency declared pursu-
 ant to Executive Order 202 of 2020,  approved  private  schools  serving
 students  with  disabilities subject to articles 81 and 89 of the educa-
 tion law, special act school districts, and approved  preschool  special
 class  and  special  class in an integrated setting programs pursuant to
 section 4410 of the education law experience an enrollment decrease as a
 percentage of operating capacity of 5 percentage points or  more  during
 the  2020-21  school  year as compared to the previous three year period
 2016-17 through 2018-19, the state education department shall  apply  an
 enrollment  adjustment factor as part of the tuition rate reconciliation
 process to stabilize tuition revenue, provided that the commissioner  of
 education  shall submit a plan for the implementation of such enrollment
 adjustment factor to the director of the budget for approval.
   Moreover, should such programs  receive  federal  Paycheck  Protection
 Program  loan forgiveness revenue or other extraordinary federal revenue
 provided in response to the COVID-19 pandemic as defined  by  the  state
 education  department  in  consultation with the director of the budget,
 such revenue shall be applied as offsetting revenue  for  reconciliation
 tuition  rate  calculation  purposes  after  allowable costs incurred in
 responding to the state disaster emergency declared pursuant  to  Execu-
 tive  Order  202  of  2020  are  defrayed,  and  such  revenues shall be
 subtracted from total costs after the application of the nondirect  care
 screen, provided, however, that the combined amount of tuition revenues,
 extraordinary  federal  revenues  provided  in  response to the COVID-19
 pandemic, and any other revenues  available  to  the  program  that  are
 treated  as  offsetting  revenue  shall  not exceed the program's actual
 costs, and provided further, that the state education  department  shall
 hold  harmless  tuition  rates in subsequent school years to reflect the
 impact of receipt of such extraordinary federal revenue.
   § 37-e. Section 4004 of the education law is amended by adding  a  new
 subdivision 5 to read as follows:
   5.  THE  BOARD  OF EDUCATION OF A SPECIAL ACT SCHOOL DISTRICT SHALL BE
 AUTHORIZED TO ESTABLISH A FISCAL STABILIZATION RESERVE FUND.  THERE  MAY
 BE  PAID  INTO  SUCH  FUND  AN AMOUNT AS MAY BE PROVIDED PURSUANT TO THE
 REQUIREMENTS OF PARAGRAPH K OF SUBDIVISION FOUR  OF  SECTION  FORTY-FOUR
 HUNDRED FIVE OF THIS TITLE.

 S. 2506--C                         32                         A. 3006--C
 
   §  37-f. Subdivision 4 of section 4405 of the education law is amended
 by adding a new paragraph k to read as follows:
   K.  THE  TUITION METHODOLOGY ESTABLISHED PURSUANT TO  THIS SUBDIVISION
 FOR  THE  TWO  THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL  YEAR
 AND ANNUALLY THEREAFTER SHALL AUTHORIZE APPROVED  PRIVATE RESIDENTIAL OR
 NON-RESIDENTIAL  SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES
 THAT  ARE  LOCATED  WITHIN  THE  STATE, AND SPECIAL ACT SCHOOL DISTRICTS
 TO RETAIN FUNDS IN EXCESS OF  THEIR  ALLOWABLE  AND  REIMBURSABLE  COSTS
 INCURRED    FOR    SERVICES    AND   PROGRAMS   PROVIDED   TO SCHOOL-AGE
 STUDENTS. THE AMOUNT OF FUNDS THAT MAY BE ANNUALLY  RETAINED  SHALL  NOT
 EXCEED  ONE PERCENT OF THE SCHOOL'S OR SCHOOL DISTRICT'S TOTAL ALLOWABLE
 AND  REIMBURSABLE COSTS FOR SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE
 STUDENTS  FOR  THE  SCHOOL YEAR FROM WHICH THE FUNDS ARE TO BE RETAINED;
 PROVIDED THAT THE TOTAL ACCUMULATED BALANCE THAT MAY BE  RETAINED  SHALL
 NOT  EXCEED FOUR PERCENT OF SUCH TOTAL COSTS FOR SUCH SCHOOL  YEAR;  AND
 PROVIDED  FURTHER  THAT SUCH FUNDS SHALL NOT BE RECOVERABLE ON RECONCIL-
 IATION OF TUITION RATES, AND SHALL BE SEPARATE FROM AND IN  ADDITION  TO
 ANY OTHER AUTHORIZATION TO RETAIN SURPLUS FUNDS ON RECONCILIATION. FUNDS
 MAY BE EXPENDED ONLY PURSUANT TO AN AUTHORIZATION OF THE GOVERNING BOARD
 OF  THE SCHOOL OR SCHOOL DISTRICT, FOR A PURPOSE EXPRESSLY AUTHORIZED AS
 PART OF THE APPROVED TUITION METHODOLOGY FOR THE YEAR IN WHICH THE FUNDS
 ARE TO BE EXPENDED, PROVIDED THAT FUNDS MAY BE  EXPENDED  TO  PAY  PRIOR
 YEAR OUTSTANDING DEBTS. ANY SCHOOL OR SCHOOL DISTRICT THAT RETAINS FUNDS
 PURSUANT TO THIS PARAGRAPH SHALL BE REQUIRED TO ANNUALLY REPORT A STATE-
 MENT  OF  THE  TOTAL BALANCE OF ANY SUCH RETAINED FUNDS,  THE AMOUNT, IF
 ANY, RETAINED IN THE PRIOR SCHOOL YEAR, THE AMOUNT, IF ANY, DISPERSED IN
 THE PRIOR SCHOOL YEAR, AND  ANY  ADDITIONAL INFORMATION REQUESTED BY THE
 DEPARTMENT AS PART OF THE FINANCIAL REPORTS  THAT  ARE  REQUIRED  TO  BE
 ANNUALLY SUBMITTED TO THE DEPARTMENT.
   §  38.  Section  3  of  chapter  507  of the laws of 1974, relating to
 providing for the apportionment of state  monies  to  certain  nonpublic
 schools,  to  reimburse  them for their expenses   in   complying   with
 certain state requirements for the administration of state  testing  and
 evaluation  programs  and  for  participation  in state programs for the
 reporting of basic educational data, as amended by chapter  347  of  the
 laws of 2018, is amended to read as follows:
   §  3.  Apportionment.  a. The commissioner shall annually apportion to
 each qualifying school, for school years beginning  on  and  after  July
 first, nineteen hundred seventy-four, an amount equal to the actual cost
 incurred  by  each  such  school  during  the  preceding school year for
 providing services required by law  to  be  rendered  to  the  state  in
 compliance  with  the  requirements  of  the  state's  pupil  evaluation
 program, the basic educational data system,  regents  examinations,  the
 statewide  evaluation  plan,  the uniform procedure for pupil attendance
 reporting, the state's immunization  program  and  other  similar  state
 prepared  examinations  and  reporting  procedures.   PROVIDED THAT EACH
 NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN THE TWO THOUSAND  TWENTY--TWO
 THOUSAND  TWENTY-ONE SCHOOL YEAR TO REIMBURSE TWO THOUSAND NINETEEN--TWO
 THOUSAND TWENTY SCHOOL YEAR EXPENSES SHALL SUBMIT A CLAIM FOR  SUCH  AID
 TO THE STATE EDUCATION DEPARTMENT NO LATER THAN MAY FIFTEENTH, TWO THOU-
 SAND  TWENTY-ONE  AND  SUCH  CLAIMS SHALL BE PAID BY THE STATE EDUCATION
 DEPARTMENT NO  LATER  THAN  JUNE  THIRTIETH,  TWO  THOUSAND  TWENTY-ONE.
 PROVIDED  FURTHER  THAT  EACH NONPUBLIC SCHOOL THAT SEEKS AID PAYABLE IN
 THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWENTY-TWO  SCHOOL  YEAR  AND
 THEREAFTER  SHALL  SUBMIT  A  CLAIM  FOR SUCH AID TO THE STATE EDUCATION
 DEPARTMENT NO LATER THAN APRIL FIRST OF THE SCHOOL YEAR IN WHICH AID  IS

 S. 2506--C                         33                         A. 3006--C
 
 PAYABLE  AND SUCH CLAIMS SHALL BE PAID BY THE STATE EDUCATION DEPARTMENT
 NO LATER THAN MAY THIRTY-FIRST OF SUCH SCHOOL YEAR.
   b.  Such  nonpublic  schools shall be eligible to receive aid based on
 the number of days or portion of days attendance is taken and  either  a
 5.0/5.5  hour  standard instructional day, or another work day as certi-
 fied by the nonpublic school officials, in accordance with the methodol-
 ogy for computing salary and  benefits  applied  by  the  department  in
 paying  aid for the two thousand twelve--two thousand thirteen and prior
 school years.
   c. The commissioner shall annually apportion to each qualifying school
 in the cities of New York,  Buffalo  and  Rochester,  for  school  years
 beginning  on  or after July first two thousand sixteen, an amount equal
 to the actual cost incurred by each such  school  during  the  preceding
 school  year  in meeting the recording and reporting requirements of the
 state school immunization program, provided that the  state's  liability
 shall be limited to the amount appropriated for this purpose.
   §  39.  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
 30 of part A of chapter 56 of the laws of 2020, 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, [and] 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 twen-
 ty-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 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); [and] 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). Notwithstanding any other provision of law to the contrary,
 the apportionment calculated for the city school district of the city of
 New York pursuant to subdivision 11 of section 3602 of the education law
 shall be computed as if such contact hours provided  by  the  consortium
 for  worker education, not to exceed the contact hours set forth herein,
 were eligible for aid in accordance with the provisions of such subdivi-
 sion 11 of section 3602 of the education law.
   § 40. 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 z to read as follows:

 S. 2506--C                         34                         A. 3006--C
 
   Z.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
 COMPLETION OF PAYMENTS FOR THE 2021--2022 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).
   § 41. 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 32 of part A of
 chapter 56 of the laws of 2020, is amended to read as follows:
   § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
 repealed on June 30, [2021] 2022.
   §  41-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
 tion law, as amended by section 32-a of part A of chapter 56 of the laws
 of 2020, 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] TWENTY-ONE--two  thou-
 sand  [twenty-one]  TWENTY-TWO, 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 equivalency diploma but
 fail to demonstrate basic educational competencies as defined  in  regu-
 lation  by  the  commissioner,  when  measured  by accepted standardized
 tests, and who shall be eligible to attend employment preparation educa-
 tion programs operated pursuant to this subdivision.
   § 42. 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 34 of part A of
 chapter 56 of the laws of 2020, 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, [2021] 2022 when
 upon such date the provisions of this act shall be deemed repealed.
   §  43.  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  35 of part A of chapter 56 of the laws of 2020, 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,
 [2021] 2022.
   §  44.  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 36 of part A of  chapter  56  of  the
 laws of 2020, 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, [2021] 2022.

 S. 2506--C                         35                         A. 3006--C
 
   § 45. School bus driver training. In addition to apportionments other-
 wise  provided  by section 3602 of the education law, for aid payable in
 the 2021--2022 school year, the commissioner of education shall allocate
 school bus driver training grants to  school  districts  and  boards  of
 cooperative educational services pursuant to sections 3650-a, 3650-b and
 3650-c of the education law, or for contracts directly with not-for-pro-
 fit  educational  organizations  for  the purposes of this section. Such
 payments shall not exceed four hundred thousand dollars  ($400,000)  per
 school year.
   §  46.  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 2022 and not later than the last  day  of  the  third  full
 business week of June 2022, 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, 2022, for salary expenses incurred between April 1 and
 June 30, 2021 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.
   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

 S. 2506--C                         36                         A. 3006--C
 
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of such paragraph and then followed by the district's  payments  to  the
 teachers'  retirement  system pursuant to subparagraph (1) of such para-
 graph, and any remainder to be deducted from the individualized payments
 due the district pursuant to paragraph b of such  subdivision  shall  be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 46-a. 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
 42-a  of part A of chapter 56 of the laws of 2020, 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  [2020-21]  2021-22  school  year,  four  million  dollars
 ($4,000,000); for the  [2021-22]  2022-23  school  year,  three  million
 dollars ($3,000,000); for the [2022-23] 2023-24 school year, two million
 dollars ($2,000,000); for the [2023-24] 2024-25 school year, one million
 dollars  ($1,000,000);  and  for the [2024-25] 2025-26 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.
   § 47. 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, 2022, 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, 2022 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

 S. 2506--C                         37                         A. 3006--C
 
 law, on the audit and warrant  of  the  state  comptroller  on  vouchers
 certified  or  approved  by  the commissioner of education in the manner
 prescribed by law from moneys in the state lottery  fund  and  from  the
 general  fund  to  the  extent that the amount paid to a school district
 pursuant to this section exceeds the amount, if  any,  due  such  school
 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
 section  3609-a  of  the  education law in the school year following the
 year in which application was made.
   c. Notwithstanding the provisions of section 3609-a of  the  education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions  a  and  b of this section shall first be deducted from the
 following payments due  the  school  district  during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 48. Notwithstanding the provision of any law, rule, or regulation to
 the contrary, the city school district of the city  of  Rochester,  upon
 the  consent  of  the  board  of cooperative educational services of the
 supervisory district serving its geographic  region  may  purchase  from
 such  board  for  the  2021--2022 school year, as a non-component school
 district, services required by article 19 of the education law.
   § 49. 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  2021--2022 school year. For the city
 school district of the city of New York there shall  be  a  setaside  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

 S. 2506--C                         38                         A. 3006--C
 
 ($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  setaside  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 2021--2022 school  year,  and
 for  any city school district in a city having a population of more than
 one  million,  the  setaside  for  attendance  improvement  and  dropout
 prevention  shall  equal  the amount set aside in the base year. For the
 2021--2022 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 2021--2022 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.

 S. 2506--C                         39                         A. 3006--C
 
   §  50.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2021  enacting
 the  aid  to  localities  budget shall be apportioned for the 2021--2022
 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 2021--2022
 by a chapter of the laws of 2021 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 assure that the total amount of aid payable
 does not exceed the total appropriations for such purpose.
   § 51. Severability. The provisions of this act shall be severable, and
 if the application of  any  clause,  sentence,  paragraph,  subdivision,
 section  or  part  of  this  act  to any person or circumstance shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph, subdivision, section, part
 of  this  act  or  remainder  thereof,  as the case may be, to any other
 person or circumstance, but shall be confined in its  operation  to  the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   §  52.  This act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2021, provided,
 however, that:
   1. Sections one, ten-a, ten-b, twelve-b, thirteen-a, fourteen-a, twen-
 ty-three, twenty-six,  thirty-seven-a,  thirty-seven-b,  thirty-seven-c,
 forty-one,  forty-three,  forty-four, forty-five, forty-eight and forty-
 nine of this act shall take effect July 1, 2021;
   2. Section twenty-two-b of this act shall take effect July 1, 2021 and
 shall expire June 30, 2024 when upon such date the  provisions  of  such
 section shall be deemed repealed;
   3. The amendments to paragraph (d) of subdivision 1 of section 2856 of
 the  education  law  made  by  section thirty-six-c of this act shall be
 subject to the expiration and reversion of such subdivision pursuant  to
 subdivision  d  of  section  27  of  chapter 378 of the laws of 2007, as
 amended, when upon such date the provisions of section  thirty-six-d  of
 this act shall take effect; and
   4.  The amendments to chapter 756 of the laws of 1992 made by sections
 thirty-nine and forty of this act shall not affect the  repeal  of  such
 chapter and shall be deemed repealed therewith.
 
                                  PART B
 
                           Intentionally Omitted

 S. 2506--C                         40                         A. 3006--C
 
                                  PART C
 
                           Intentionally Omitted
 
                                  PART D
 
   Section  1. Section 4 of subpart A of part D of chapter 58 of the laws
 of 2011 amending the education law relating  to  capital  facilities  in
 support  of  the  state university and community colleges, as amended by
 section 1 of part Q of chapter 54 of the laws of  2016,  is  amended  to
 read as follows:
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed June 30, [2021] 2026.
   § 2. Section 4 of subpart B of part D of chapter 58  of  the  laws  of
 2011  amending  the  education law relating to procurement in support of
 the state and city universities, as amended by section 2 of  part  Q  of
 chapter 54 of the laws of 2016, is amended to read as follows:
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed June 30, [2021] 2026.
   § 3. Section 3 of subpart C of part D of chapter 58  of  the  laws  of
 2011 amending the education law relating to state university health care
 facilities,  as amended by section 3 of part Q of chapter 54 of the laws
 of 2016, is amended to read as follows:
   § 3. This act shall take effect immediately, and shall expire  and  be
 deemed repealed June 30, [2021] 2026.
   § 4. This act shall take effect immediately.
 
                                  PART E
 
                           Intentionally Omitted
 
                                  PART F
 
   Section  1.  Notwithstanding any provision of law or regulation to the
 contrary, for purposes of an award made pursuant to subparts 2 through 4
 of part 2 of article 14 of the education law in the 2019--2020 or  2020-
 -2021  academic years, any semester, quarter or term that a recipient of
 such an award is unable to complete as a result of the COVID-19 pandemic
 state disaster emergency declared March  7,  2020,  as  certified  by  a
 college  or  university and approved by the New York state higher educa-
 tion services corporation, shall  not  be  considered  for  purposes  of
 determining  the  maximum duration of such award for that recipient, and
 provided further that no such recipient shall suffer a reduction in  the
 original award amount granted pursuant to such subparts in such academic
 years  solely due to inability to complete any semester, quarter or term
 as a result of the COVID-19 pandemic state disaster  emergency  declared
 March  7,  2020, as certified by a college or university and approved by
 the New York state higher education services corporation.
   § 2. 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 T of chapter 56 of the laws of 2018, is
 amended to read as follows:

 S. 2506--C                         41                         A. 3006--C
 
   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-one]  TWENTY-THREE--two  thou-
 sand  [twenty-two] TWENTY-FOUR academic year and every [four years] YEAR
 thereafter, the undergraduate tuition  charged  by  the  institution  to
 recipients  of  an award shall be reset to equal the tuition rate estab-
 lished by the institution 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 1 of section 504 of the executive law, as added
 by chapter 465 of the laws of 1992, is amended to read as follows:
   1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall operate
 and maintain secure, limited secure and non-secure  facilities  for  the
 care,  custody,  treatment, housing, education, rehabilitation and guid-
 ance of youth placed with or committed to the [division] OFFICE OF CHIL-
 DREN AND FAMILY SERVICES.
   § 2. (a) Notwithstanding the time period required for notice  pursuant
 to  subdivision  15  of  section 501 of the executive law, the office of
 children and family services is authorized to close the Red  Hook  Resi-
 dential Center and the Columbia Girls Secure Center. At least six months
 prior  to  taking any such action, the commissioner of such office shall
 provide notice of such action to the speaker of  the  assembly  and  the
 temporary  president  of  the senate and shall post such notice upon its
 public website.

 S. 2506--C                         42                         A. 3006--C
 
   (b) The commissioner of the office of  children  and  family  services
 shall be authorized to conduct any and all preparatory actions which may
 be  required  to  effectuate such closures.   A permanent class employee
 affected by such closures shall be placed upon a transfer list  pursuant
 to section 78 of the civil service law.
   § 3. This act shall take effect immediately.
                                  PART I
 
   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, 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 and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART J
 
   Section  1.  Section  9  of  part G of chapter 57 of the laws of 2013,
 amending the executive law and  the  social  services  law  relating  to
 consolidating  the  youth development and delinquency prevention program
 and the special delinquency prevention program, as amended by section  1
 of  part  I  of  chapter  56  of the laws of 2018, is amended to read as
 follows:
   § 9. This act shall take effect January 1, 2014 [and shall expire  and
 be deemed repealed on December 31, 2021].
   § 2.  This act shall take effect immediately.
 
                                  PART K
 
   Section  1.  Section  4  of  part K of chapter 57 of the laws of 2012,
 amending the education law, relating to authorizing the board of cooper-
 ative educational services to enter into contracts with the commissioner
 of children and family services to provide certain services, as  amended
 by  section 1 of part J of chapter 56 of the laws of 2018, is amended to
 read as follows:
   § 4. This act shall take effect July 1, 2012 [and  shall  expire  June
 30,  2021 when upon such date the provisions of this act shall be deemed
 repealed].
   § 2. This act shall take effect immediately.
 
                                  PART L
 
   Section 1.  Paragraph (g) of subdivision 3 of  section  358-a  of  the
 social  services law, as amended by section 4 of subpart L of part XX of
 chapter 55 of the laws of 2020, is amended to read as follows:
   (g) (I) In any case in which an order has been issued pursuant to this
 section  approving  a  foster  care  placement  instrument,  the  social
 services  official  or authorized agency charged with custody or care of
 the child shall report THE INITIAL PLACEMENT AND any anticipated  change
 in  placement  to the court and the attorneys for the parties, including
 the attorney for the child, forthwith, but not later than  one  business
 day  following  either  the decision TO MAKE THE INITIAL PLACEMENT OR to

 S. 2506--C                         43                         A. 3006--C
 
 change the placement or the actual date the INITIAL PLACEMENT OR  place-
 ment  change  occurred,  whichever is sooner. Such notice shall indicate
 the date that the placement change is anticipated to occur or  the  date
 the placement change occurred, as applicable. Provided, however, if such
 notice  lists an anticipated date for the INITIAL PLACEMENT OR placement
 change, the local social services district or  authorized  agency  shall
 subsequently  notify  the court and attorneys for the parties, including
 the attorney for the child, of  the  date  the  placement  OR  PLACEMENT
 change  occurred; such notice shall occur no later than one business day
 following the placement OR PLACEMENT change.
   (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  THE  COMMIS-
 SIONER  OF  A  LOCAL  SOCIAL  SERVICES  DISTRICT IN ACCORDANCE WITH THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
 IN SECTION FOUR HUNDRED NINE-H OF THIS CHAPTER, AND WHERE  SUCH  CHILD'S
 INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR
 AFTER  SEPTEMBER  TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF
 NOTICE REQUIRED PURSUANT TO  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH  AND
 MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A
 COURT  REVIEW  TO MAKE AN ASSESSMENT AND DETERMINATION OF SUCH PLACEMENT
 IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF  THIS  CHAPTER.
 NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, SUCH COURT
 REVIEW SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE  PLACEMENT
 OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   §  1-a.  Section 371 of the social services law is amended by adding a
 new subdivision 22 to read as follows:
   22. "SUPERVISED SETTING" SHALL MEAN A  RESIDENTIAL  PLACEMENT  IN  THE
 COMMUNITY  APPROVED  AND SUPERVISED BY AN AUTHORIZED AGENCY OR THE LOCAL
 SOCIAL SERVICES DISTRICT IN  ACCORDANCE  WITH  THE  REGULATIONS  OF  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES TO PROVIDE A TRANSITIONAL EXPERI-
 ENCE  FOR  OLDER  YOUTH  IN  WHICH  SUCH YOUTH MAY LIVE INDEPENDENTLY. A
 SUPERVISED SETTING INCLUDES, BUT IS  NOT  LIMITED  TO,  PLACEMENT  IN  A
 SUPERVISED  INDEPENDENT  LIVING PROGRAM, AS DEFINED IN SUBDIVISION TWEN-
 TY-ONE OF THIS SECTION.
   § 1-b. Paragraph (c) of subdivision 2 of section 383-a of  the  social
 services  law, as added by section 5 of part M of chapter 54 of the laws
 of 2016, is amended to read as follows:
   (c) "Child care facility" shall mean an institution, group  residence,
 group  home,  agency  operated  boarding  home,  or  supervised SETTING,
 INCLUDING A SUPERVISED independent living program.
   § 2. The social services law is amended by adding a new section 393 to
 read as follows:
   § 393. COURT REVIEW OF PLACEMENT IN A QUALIFIED RESIDENTIAL  TREATMENT
 PROGRAM.  1.  THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD IS
 PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND  TWENTY-ONE  AND
 RESIDES  IN  A  QUALIFIED  RESIDENTIAL  TREATMENT PROGRAM, AS DEFINED IN
 SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, AND WHOSE CARE AND  CUSTODY
 WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT
 IN  ACCORDANCE WITH SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAPTER,
 OR WHOSE CUSTODY AND GUARDIANSHIP WERE TRANSFERRED TO  THE  COMMISSIONER
 OF  A  LOCAL  SOCIAL  SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE
 HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED EIGHTY-FOUR-B OF THIS TITLE.
   2. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFER-
 ENCED IN SUBDIVISION ONE OF THIS  SECTION  IN  A  QUALIFIED  RESIDENTIAL
 TREATMENT PROGRAM, THE COURT SHALL:

 S. 2506--C                         44                         A. 3006--C
 
   (I)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
 THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THIS
 ARTICLE;
   (II)  DETERMINE  WHETHER  THE  NEEDS  OF  THE CHILD CAN BE MET THROUGH
 PLACEMENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF  THE
 CHILD  IN  A  QUALIFIED  RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST
 EFFECTIVE AND APPROPRIATE LEVEL OF CARE  FOR  THE  CHILD  IN  THE  LEAST
 RESTRICTIVE  ENVIRONMENT  AND  WHETHER THAT PLACEMENT IS CONSISTENT WITH
 THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS  SPECIFIED  IN  THE
 CHILD'S PERMANENCY PLAN; AND
   (III)  APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, WHERE THE QUALIFIED  INDI-
 VIDUAL  DETERMINES  THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESI-
 DENTIAL TREATMENT PROGRAM IS NOT  APPROPRIATE  IN  ACCORDANCE  WITH  THE
 ASSESSMENT  REQUIRED  PURSUANT  TO  SECTION  FOUR HUNDRED NINE-H OF THIS
 ARTICLE, THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE  CHILD  IN  THE
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF:
   (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
   (1)  CIRCUMSTANCES  EXIST  THAT NECESSITATE THE CONTINUED PLACEMENT OF
 THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM;
   (2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT  CAN  MEET  THE
 CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (3)  THAT  CONTINUED  PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM IS IN THE CHILD'S BEST INTEREST; AND
   (B) THE COURT'S WRITTEN ORDER STATES  THE  SPECIFIC  REASONS  WHY  THE
 COURT  HAS  MADE  THE  FINDINGS  REQUIRED PURSUANT TO CLAUSE (A) OF THIS
 SUBPARAGRAPH.
   (IV) NOTHING HEREIN SHALL PROHIBIT THE COURT  FROM  CONSIDERING  OTHER
 RELEVANT AND NECESSARY INFORMATION TO MAKE A DETERMINATION.
   (B)  AT  THE CONCLUSION OF THE REVIEW, IF THE COURT DISAPPROVES PLACE-
 MENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM THE COURT
 SHALL, ON ITS OWN MOTION, DETERMINE A SCHEDULE FOR  THE  RETURN  OF  THE
 CHILD  AND  DIRECT THE LOCAL SOCIAL SERVICES DISTRICT TO MAKE SUCH OTHER
 ARRANGEMENTS FOR THE CHILD'S CARE AND WELFARE THAT IS IN THE BEST INTER-
 EST OF THE CHILD AND IN THE MOST EFFECTIVE AND LEAST RESTRICTIVE SETTING
 AS THE FACTS OF THE CASE MAY REQUIRE. IF A NEW PLACEMENT ORDER IS NECES-
 SARY DUE TO RESTRICTIONS IN THE EXISTING GOVERNING PLACEMENT ORDER,  THE
 COURT MAY ISSUE A NEW ORDER.
   3.  THE  COURT  MAY,  ON  ITS  OWN MOTION, OR THE MOTION OF ANY OF THE
 PARTIES OR THE ATTORNEY FOR THE CHILD, PROCEED  WITH  THE  COURT  REVIEW
 REQUIRED  PURSUANT  TO  THIS SECTION ON THE BASIS OF THE WRITTEN RECORDS
 RECEIVED AND WITHOUT A HEARING. PROVIDED HOWEVER,  THE  COURT  MAY  ONLY
 PROCEED  WITH THE COURT REVIEW WITHOUT A HEARING PURSUANT TO THIS SUBDI-
 VISION UPON THE CONSENT OF ALL PARTIES. PROVIDED FURTHER, IN  THE  EVENT
 THAT  THE  COURT  CONDUCTS THE COURT REVIEW REQUIREMENT PURSUANT TO THIS
 SECTION BUT DOES NOT CONDUCT IT IN A HEARING, THE COURT  SHALL  ISSUE  A
 WRITTEN  ORDER SPECIFYING ANY DETERMINATIONS MADE PURSUANT TO CLAUSE (A)
 OF SUBPARAGRAPH (III) OF  PARAGRAPH  (A)  OF  SUBDIVISION  TWO  OF  THIS
 SECTION  AND  PROVIDE SUCH WRITTEN ORDER TO THE PARTIES AND THE ATTORNEY
 FOR THE CHILD EXPEDITIOUSLY, BUT NO LATER THAN FIVE DAYS.
   4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
   5. NOTHING IN THIS SECTION SHALL PROHIBIT  THE  COURT'S  REVIEW  OF  A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT
 THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT

 S. 2506--C                         45                         A. 3006--C
 
 NOT LIMITED TO THE CHILD'S PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS
 COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
   §  2-a.  Subparagraph 1 of paragraph (g) of subdivision 6 and subdivi-
 sion 10 of section 398 of the social services  law,  subparagraph  1  of
 paragraph  (g)  of  subdivision 6 as amended by chapter 3 of the laws of
 2012 and subdivision 10 as amended by chapter 563 of the laws  of  1986,
 are amended to read as follows:
   (1)  Place children in its care and custody or its custody and guardi-
 anship, in suitable instances, in  SUPERVISED  SETTINGS,  family  homes,
 agency  boarding  homes,  group  homes  or institutions under the proper
 safeguards. Such placements can be made either directly, or  through  an
 authorized  agency,  except  that,  direct placements in agency boarding
 homes or group homes may be made by the social services district only if
 the office of children and family services has authorized  the  district
 to operate such homes in accordance with the provisions of section three
 hundred  seventy-four-b  of  this [chapter] ARTICLE and only if suitable
 care is not otherwise available through an authorized agency  under  the
 control  of persons of the same religious faith as the child. Where such
 district places a child in [an] A SUPERVISED  SETTING,  agency  boarding
 home,  group home or institution, either directly, or through an author-
 ized agency, the district shall certify in  writing  to  the  office  of
 children  and  family  services, that such placement was made because it
 offers the most appropriate and least restrictive level of care for  the
 child, and, is more appropriate than a family foster home placement, or,
 that  such  placement is necessary because there are no qualified foster
 families available within the district who can care for  the  child.  If
 placements in agency boarding homes, group homes or institutions are the
 result  of  a  lack  of foster parents within a particular district, the
 office of children and family services shall  assist  such  district  to
 recruit  and  train  foster  parents.   Placements shall be made only in
 institutions visited, inspected and supervised in accordance with  title
 three  of article seven of this chapter and conducted in conformity with
 the applicable regulations of the supervising state agency in accordance
 with title three of article seven of this chapter. With the approval  of
 the  office  of children and family services, a social services district
 may place a child in its care and custody or its custody  and  guardian-
 ship  in a federally funded job corps program and may receive reimburse-
 ment for the approved costs of appropriate  program  administration  and
 supervision  pursuant to a plan developed by the department and approved
 by the director of the budget.
   10. Any provision of this chapter or any  other  law  notwithstanding,
 where a foster child for whom a social services official has been making
 foster  care  payments  is in attendance at a college or university away
 from his OR HER foster family boarding home, group home, agency boarding
 home or institution, AND RESIDING  IN  A  SUPERVISED  SETTING  OR  OTHER
 APPROVED  LOCATION, a social services official may make foster payments,
 [not to exceed the amount which would have been paid to a foster  parent
 on  behalf of said child had the child been cared for in a foster family
 boarding home] AT A RATE TO BE DEVELOPED BY THE OFFICE OF  CHILDREN  AND
 FAMILY  SERVICES,  to  such  college or university, PROVIDER OF ROOM AND
 BOARD, OR YOUTH, AS APPROPRIATE,  in  lieu  of  payment  to  the  foster
 parents  or authorized agency, for the purpose of room and board, if not
 otherwise provided. SUCH RATE SHALL BE NO LOWER THAN THE RATE PAID FOR A
 CHILD'S CARE IN A FOSTER FAMILY BOARDING HOME.
   § 3. The social services law is amended by adding a new section  409-h
 to read as follows:

 S. 2506--C                         46                         A. 3006--C
 
   § 409-H. ASSESSMENT  OF  APPROPRIATENESS  OF  PLACEMENT IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM. 1. (A) PRIOR TO A CHILD'S PLACEMENT IN  A
 QUALIFIED  RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SUBDIVISION FOUR
 OF THIS SECTION, BUT AT LEAST WITHIN THIRTY  DAYS  OF  THE  START  OF  A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM OF A CHILD IN THE
 CARE  AND CUSTODY OR THE CUSTODY AND GUARDIANSHIP OF THE COMMISSIONER OF
 A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF  CHILDREN  AND  FAMILY
 SERVICES  THAT  OCCURS  ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND
 TWENTY-ONE, A QUALIFIED INDIVIDUAL AS DEFINED  IN  SUBDIVISION  FIVE  OF
 THIS  SECTION  SHALL COMPLETE AN ASSESSMENT AS TO THE APPROPRIATENESS OF
 SUCH PLACEMENT UTILIZING AN AGE-APPROPRIATE, EVIDENCE-BASED,  VALIDATED,
 FUNCTIONAL  ASSESSMENT  TOOL APPROVED BY THE FEDERAL GOVERNMENT FOR SUCH
 PURPOSE.  SUCH ASSESSMENT SHALL BE IN ACCORDANCE WITH 42  UNITED  STATES
 CODE  SECTIONS  672  AND  675A AND THE STATE'S APPROVED TITLE IV-E STATE
 PLAN AND SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) AN ASSESSMENT OF  THE
 STRENGTHS  AND  NEEDS OF THE CHILD; AND (II) A DETERMINATION OF THE MOST
 EFFECTIVE AND APPROPRIATE LEVEL OF CARE  FOR  THE  CHILD  IN  THE  LEAST
 RESTRICTIVE SETTING, INCLUDING WHETHER THE NEEDS OF THE CHILD CAN BE MET
 WITH  FAMILY MEMBERS OR THROUGH PLACEMENT IN A FOSTER FAMILY HOME, OR IN
 A SETTING SPECIFIED IN PARAGRAPH (C)  OF  THIS  SUBDIVISION,  CONSISTENT
 WITH  THE  SHORT-TERM  AND LONG-TERM GOALS FOR THE CHILD AS SPECIFIED IN
 THE CHILD'S PERMANENCY PLAN.   SUCH ASSESSMENT  SHALL  BE  COMPLETED  IN
 CONJUNCTION  WITH THE FAMILY AND PERMANENCY TEAM ESTABLISHED PURSUANT TO
 PARAGRAPH (B) OF THIS SUBDIVISION.
   (B) THE FAMILY AND PERMANENCY TEAM SHALL CONSIST  OF  ALL  APPROPRIATE
 BIOLOGICAL  FAMILY  MEMBERS, RELATIVES, AND FICTIVE KIN OF THE CHILD, AS
 WELL AS, AS APPROPRIATE, PROFESSIONALS WHO ARE A RESOURCE TO THE  FAMILY
 OF  THE  CHILD, INCLUDING BUT NOT LIMITED TO, THE ATTORNEY FOR THE CHILD
 OR THE ATTORNEY FOR THE  PARENT  IF  APPLICABLE,  TEACHERS,  MEDICAL  OR
 MENTAL  HEALTH  PROVIDERS WHO HAVE TREATED THE CHILD, OR CLERGY.  IN THE
 CASE OF A CHILD WHO HAS ATTAINED THE AGE OF  FOURTEEN,  THE  FAMILY  AND
 PERMANENCY  TEAM  SHALL  INCLUDE  THE MEMBERS OF THE PERMANENCY PLANNING
 TEAM FOR THE CHILD IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION  675
 AND THE STATE'S APPROVED TITLE IV-E STATE PLAN.
   (C)  WHERE  THE QUALIFIED INDIVIDUAL DETERMINES THAT THE CHILD MAY NOT
 BE PLACED IN A FOSTER FAMILY HOME, THE QUALIFIED INDIVIDUAL MUST SPECIFY
 IN WRITING THE REASONS WHY THE NEEDS OF THE CHILD CANNOT BE MET  BY  THE
 CHILD'S FAMILY OR IN A FOSTER FAMILY HOME.  A SHORTAGE OR LACK OF FOSTER
 FAMILY  HOMES  SHALL  NOT CONSTITUTE CIRCUMSTANCES WARRANTING A DETERMI-
 NATION THAT THE NEEDS OF THE CHILD CANNOT BE  MET  IN  A  FOSTER  FAMILY
 HOME.  THE  QUALIFIED INDIVIDUAL SHALL ALSO INCLUDE WHY SUCH A PLACEMENT
 IS NOT THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR SUCH  CHILD.
 SUCH  DETERMINATION  SHALL INCLUDE WHETHER THE NEEDS OF THE CHILD CAN BE
 MET THROUGH PLACEMENT IN:
   (I) AN AVAILABLE SUPERVISED  SETTING,  AS  SUCH  TERM  IS  DEFINED  IN
 SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE;
   (II)  IF  THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A
 SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF  SECTION  FOUR
 HUNDRED  FORTY-SEVEN-A  OF THIS ARTICLE, A SETTING PROVIDING RESIDENTIAL
 CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN;
   (III) A SETTING SPECIALIZING IN  PROVIDING  PRENATAL,  POST-PARTUM  OR
 PARENTING SUPPORTS FOR YOUTH; OR
   (IV) A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
   2.  THE  QUALIFIED INDIVIDUAL OR THEIR DESIGNEE SHALL PROMPTLY, BUT NO
 LATER THAN FIVE DAYS FOLLOWING THE COMPLETION OF THE ASSESSMENT, PROVIDE
 THE ASSESSMENT, DETERMINATION AND DOCUMENTATION PURSUANT TO  SUBDIVISION

 S. 2506--C                         47                         A. 3006--C
 
 ONE  OF  THIS SECTION TO THE COURT, THE PARENT OR GUARDIAN OF THE CHILD,
 AND TO THE ATTORNEY FOR THE CHILD AND THE ATTORNEY FOR  THE  PARENT,  IF
 APPLICABLE,  AND  A  WRITTEN  SUMMARY  DETAILING THE ASSESSMENT FINDINGS
 REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION TO EITHER THE LOCAL
 SOCIAL  SERVICES  DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
 THAT HAS CARE AND CUSTODY OR CUSTODY AND GUARDIANSHIP OF THE  CHILD,  AS
 APPLICABLE, AND THE PARTIES TO THE PROCEEDING, REDACTING ANY INFORMATION
 NECESSARY TO COMPLY WITH FEDERAL AND STATE CONFIDENTIALITY LAWS.
   3. WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE
 CHILD  IN  A  QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE
 AFTER THE ASSESSMENT CONDUCTED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION,  THE  CHILD'S  PLACEMENT  SHALL CONTINUE UNTIL THE COURT HAS AN
 OPPORTUNITY TO HOLD A HEARING TO  CONSIDER  THE  QUALIFIED  INDIVIDUAL'S
 ASSESSMENT  AND  MAKE  AN INDEPENDENT DETERMINATION REQUIRED PURSUANT TO
 SECTION THREE HUNDRED NINETY-THREE OF THIS ARTICLE  OR  SECTIONS  353.7,
 SEVEN HUNDRED FIFTY-SIX-B, ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND NINE-
 TY-ONE-A OR ONE THOUSAND NINETY-SEVEN OF THE FAMILY COURT ACT, AS APPLI-
 CABLE.  PROVIDED  HOWEVER,  NOTHING  HEREIN SHALL PROHIBIT A MOTION FROM
 BEING FILED PURSUANT TO SECTIONS 355.1, SEVEN HUNDRED SIXTY-FOUR OR  ONE
 THOUSAND  EIGHTY-EIGHT  OF  THE  FAMILY COURT ACT, AS APPLICABLE. IF THE
 APPROPRIATE PARTY FILES SUCH MOTION, THE COURT SHALL HOLD A HEARING,  AS
 REQUIRED,  AND ALSO COMPLETE THE ASSESSMENT REQUIRED PURSUANT TO SECTION
 THREE HUNDRED NINETY-THREE OF THIS  ARTICLE  OR  SECTIONS  353.7,  SEVEN
 HUNDRED   FIFTY-SIX-B,   ONE   THOUSAND   FIFTY-FIVE-C,   ONE   THOUSAND
 NINETY-ONE-A OR ONE THOUSAND NINETY-SEVEN OF THE FAMILY  COURT  ACT,  AS
 APPLICABLE,  AT THE SAME TIME. THE COURT SHALL CONSIDER ALL RELEVANT AND
 NECESSARY INFORMATION AS REQUIRED AND MAKE  A  DETERMINATION  ABOUT  THE
 APPROPRIATENESS  OF  THE  CHILD'S  PLACEMENT BASED ON STANDARDS REQUIRED
 PURSUANT TO THE APPLICABLE SECTIONS.
   4. "QUALIFIED RESIDENTIAL TREATMENT PROGRAM" MEANS A PROGRAM THAT IS A
 NON-FOSTER FAMILY RESIDENTIAL PROGRAM IN ACCORDANCE WITH 42 UNITED STATE
 CODE SECTIONS 672 AND 675A AND THE STATE'S  APPROVED  TITLE  IV-E  STATE
 PLAN.
   5.  "QUALIFIED  INDIVIDUAL"  SHALL  MEAN  A  TRAINED  PROFESSIONAL  OR
 LICENSED CLINICIAN ACTING WITHIN THEIR SCOPE OF PRACTICE WHO SHALL  HAVE
 CURRENT  OR  PREVIOUS  RELEVANT  EXPERIENCE  IN THE CHILD WELFARE FIELD.
 PROVIDED HOWEVER, SUCH INDIVIDUAL SHALL NOT BE AN EMPLOYEE OF THE OFFICE
 OF CHILDREN AND FAMILY SERVICES, NOR SHALL SUCH  PERSON  HAVE  A  DIRECT
 ROLE  IN  CASE MANAGEMENT OR CASE PLANNING DECISION MAKING AUTHORITY FOR
 THE CHILD FOR WHOM SUCH ASSESSMENT IS  BEING  CONDUCTED,  IN  ACCORDANCE
 WITH  42  UNITED  STATES  CODE  SECTIONS  672  AND  675A AND THE STATE'S
 APPROVED TITLE IV-E STATE PLAN.
   § 4. The family court act is amended by adding a new section 353.7  to
 read as follows:
   § 353.7. PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS. 1. THE
 PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR
 AFTER  SEPTEMBER  TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A
 NON-SECURE SETTING THAT IS A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
 DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES  LAW,  AND
 WHOSE  CARE  AND  CUSTODY  WERE  TRANSFERRED  TO A LOCAL SOCIAL SERVICES
 DISTRICT OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  IN  ACCORDANCE
 WITH THIS ARTICLE.
   2.  (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
 SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT
 TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR  OFFICE  SHALL  REPORT
 ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALIFIED RESIDENTIAL

 S. 2506--C                         48                         A. 3006--C
 
 TREATMENT  PROGRAM  AS  DEFINED  IN  SECTION  FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW TO THE COURT AND  THE  ATTORNEYS  FOR  THE  PARTIES,
 INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN
 ONE  BUSINESS  DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT
 IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE  ACTUAL  DATE  THE
 PLACEMENT  CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI-
 CATE THE DATE THAT THE INITIAL  PLACEMENT  OR  CHANGE  IN  PLACEMENT  IS
 ANTICIPATED  TO  OCCUR  OR  THE  DATE  THE PLACEMENT CHANGE OCCURRED, AS
 APPLICABLE. PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED  DATE
 FOR  THE  PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE
 SHALL SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR  THE  PARTIES,
 INCLUDING  THE  ATTORNEY  FOR  THE RESPONDENT, OF THE DATE THE PLACEMENT
 CHANGE OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS  DAY
 FOLLOWING THE PLACEMENT CHANGE.
   (B)  WHEN  A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL
 SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
 IN  ACCORDANCE  WITH  THIS  ARTICLE  RESIDES  IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM AS DEFINED IN  SECTION  FOUR  HUNDRED  NINE-H  OF  THE
 SOCIAL  SERVICES  LAW,  AND WHERE SUCH RESPONDENT'S INITIAL PLACEMENT OR
 CHANGE IN PLACEMENT IN  SUCH  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM
 COMMENCED  ON  OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF
 CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE  RESPONDENT,  THE
 COURT  SHALL  SCHEDULE A COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMI-
 NATION OF SUCH PLACEMENT IN ACCORDANCE WITH SUBDIVISION  THREE  OF  THIS
 SECTION.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY,
 SUCH COURT REVIEW SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE
 PLACEMENT OF THE  RESPONDENT  IN  THE  QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM COMMENCED.
   3.  (A)  WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT
 REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM, THE COURT SHALL:
   (I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
 THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW;
   (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET  THROUGH
 PLACEMENT  IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE
 RESPONDENT IN A QUALIFIED RESIDENTIAL  TREATMENT  PROGRAM  PROVIDES  THE
 MOST  EFFECTIVE  AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
 LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT  IS  CONSISTENT
 WITH  THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED
 IN THE RESPONDENT'S PERMANENCY PLAN; AND
   (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
 IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT,  WHERE  A  QUALIFIED
 INDIVIDUAL  DETERMINES  THAT THE PLACEMENT OF THE RESPONDENT IN A QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE IN ACCORDANCE WITH
 THE ASSESSMENT REQUIRED PURSUANT TO SECTION FOUR HUNDRED NINE-H  OF  THE
 SOCIAL  SERVICES  LAW,  THE  COURT MAY ONLY APPROVE THE PLACEMENT OF THE
 RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF:
   (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
   (1) CIRCUMSTANCES EXIST THAT NECESSITATE THE  CONTINUED  PLACEMENT  OF
 THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM;
   (2)  THERE  IS  NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
 RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND

 S. 2506--C                         49                         A. 3006--C
 
   (3) THAT CONTINUED PLACEMENT IN THE  QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM SERVES THE RESPONDENT'S NEEDS AND BEST INTERESTS OR THE NEED FOR
 PROTECTION OF THE COMMUNITY; AND
   (B)  THE  COURT'S  WRITTEN  ORDER  STATES THE SPECIFIC REASONS WHY THE
 COURT HAS MADE THE FINDINGS REQUIRED PURSUANT  TO  CLAUSE  (A)  OF  THIS
 SUBPARAGRAPH.
   (IV)  NOTHING  HEREIN  SHALL PROHIBIT THE COURT FROM CONSIDERING OTHER
 RELEVANT AND NECESSARY INFORMATION TO MAKE A DETERMINATION.
   (B) AT THE CONCLUSION OF THE REVIEW, IF THE COURT  DISAPPROVES  PLACE-
 MENT  OF THE RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM THE
 COURT SHALL, ON ITS OWN MOTION, DETERMINE A SCHEDULE FOR THE  RETURN  OF
 THE  RESPONDENT  AND DIRECT THE LOCAL SOCIAL SERVICES DISTRICT OR OFFICE
 OF CHILDREN AND FAMILY SERVICES,  AS  APPLICABLE,  TO  MAKE  SUCH  OTHER
 ARRANGEMENTS  FOR  THE RESPONDENT'S CARE AND WELFARE THAT IS IN THE BEST
 INTEREST OF THE RESPONDENT AND IN THE MOST EFFECTIVE AND LEAST  RESTRIC-
 TIVE  SETTING  AS  THE FACTS OF THE CASE MAY REQUIRE. IF A NEW PLACEMENT
 ORDER IS NECESSARY DUE TO RESTRICTIONS IN THE EXISTING GOVERNING  PLACE-
 MENT ORDER, THE COURT MAY ISSUE A NEW ORDER.
   4.  THE  COURT  MAY,  ON  ITS  OWN MOTION, OR THE MOTION OF ANY OF THE
 PARTIES OR THE ATTORNEY FOR  THE  RESPONDENT,  PROCEED  WITH  THE  COURT
 REVIEW  REQUIRED  PURSUANT  TO  THIS SECTION ON THE BASIS OF THE WRITTEN
 RECORDS RECEIVED AND WITHOUT A HEARING. PROVIDED HOWEVER, THE COURT  MAY
 ONLY  PROCEED  WITH  THE COURT REVIEW WITHOUT A HEARING PURSUANT TO THIS
 SUBDIVISION UPON THE CONSENT OF ALL PARTIES. PROVIDED  FURTHER,  IN  THE
 EVENT  THAT  THE COURT CONDUCTS THE COURT REVIEW REQUIREMENT PURSUANT TO
 THIS SECTION BUT DOES NOT CONDUCT IT IN A HEARING, THE COURT SHALL ISSUE
 A WRITTEN ORDER SPECIFYING ANY DETERMINATIONS MADE  PURSUANT  TO  CLAUSE
 (A)  OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
 SECTION AND PROVIDE SUCH WRITTEN ORDER TO THE PARTIES AND  THE  ATTORNEY
 FOR THE RESPONDENT EXPEDITIOUSLY, BUT NO LATER THAN FIVE DAYS.
   5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
   6.  NOTHING  IN  THIS  SECTION  SHALL PROHIBIT THE COURT'S REVIEW OF A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT
 THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH RESPONDENT,  INCLUD-
 ING  BUT  NOT  LIMITED  TO THE RESPONDENT'S PERMANENCY HEARING, PROVIDED
 SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACE-
 MENT.
   § 5. Section 355.5 of the family court act is amended by adding a  new
 subdivision 10 to read as follows:
   10.  WHERE  THE  RESPONDENT  REMAINS PLACED IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM, AS DEFINED IN SECTION  FOUR  HUNDRED  NINE-H  OF  THE
 SOCIAL  SERVICES  LAW,  THE  COMMISSIONER  OF  THE LOCAL SOCIAL SERVICES
 DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTO-
 DY OF THE RESPONDENT SHALL SUBMIT EVIDENCE  AT  THE  PERMANENCY  HEARING
 WITH RESPECT TO THE RESPONDENT:
   (A)  DEMONSTRATING  THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
 OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT  IN  A  FOSTER  FAMILY
 HOME,  THAT  THE  PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 PROVIDES THE MOST EFFECTIVE  AND  APPROPRIATE  LEVEL  OF  CARE  FOR  THE
 RESPONDENT  IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT
 IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS FOR  THE  RESPOND-
 ENT, AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN;
   (B)  DOCUMENTING THE SPECIFIC TREATMENT AND SERVICE NEEDS THAT WILL BE
 MET FOR THE RESPONDENT IN THE PLACEMENT  AND  THE  LENGTH  OF  TIME  THE
 RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND

 S. 2506--C                         50                         A. 3006--C
 
   (C) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT
 OR  THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE
 RESPONDENT TO PREPARE THE RESPONDENT TO RETURN HOME,  OR  TO  BE  PLACED
 WITH  A  FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR
 IN A FOSTER FAMILY HOME.
   §  6. Section 756-a of the family court act is amended by adding a new
 subdivision (h) to read as follows:
   (H) WHERE THE RESPONDENT REMAINS PLACED  IN  A  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM,  AS  DEFINED  IN  SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW, THE  COMMISSIONER  OF  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT  WITH  LEGAL CUSTODY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT
 THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT:
   (I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS  AND  NEEDS
 OF  THE RESPONDENT CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS
 OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT  IN  A  FOSTER  FAMILY
 HOME,  THAT  THE  PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 PROVIDES THE MOST EFFECTIVE  AND  APPROPRIATE  LEVEL  OF  CARE  FOR  THE
 RESPONDENT  IN THE LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT
 IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM GOALS OF THE RESPONDENT,
 AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN;
   (II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL  BE
 MET  FOR  THE  RESPONDENT  IN  THE  PLACEMENT AND THE LENGTH OF TIME THE
 RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
   (III) DOCUMENTING THE  EFFORTS  MADE  BY  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT  WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE RESPONDENT
 TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING  RELATIVE,  LEGAL
 GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER FAMILY HOME.
   §  7. The family court act is amended by adding a new section 756-b to
 read as follows:
   § 756-B. COURT REVIEW OF PLACEMENT IN A QUALIFIED  RESIDENTIAL  TREAT-
 MENT  PROGRAM.  1.  THE  PROVISIONS  OF  THIS SECTION SHALL APPLY WHEN A
 RESPONDENT IS PLACED ON OR AFTER SEPTEMBER  TWENTY-NINTH,  TWO  THOUSAND
 TWENTY-ONE  AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
 DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES  LAW,  AND
 WHOSE  CARE  AND  CUSTODY  WERE  TRANSFERRED  TO A LOCAL SOCIAL SERVICES
 DISTRICT IN ACCORDANCE WITH THIS PART.
   2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL  SOCIAL
 SERVICES  DISTRICT  PURSUANT TO THIS PART, SUCH SOCIAL SERVICES DISTRICT
 SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO  A  QUALI-
 FIED  RESIDENTIAL  TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED
 NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND  THE  ATTORNEYS  FOR
 THE  PARTIES,  INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT
 NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION  TO  PLACE
 THE  RESPONDENT  IN  THE  QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE
 ACTUAL DATE THE PLACEMENT CHANGE OCCURRED,  WHICHEVER  IS  SOONER.  SUCH
 NOTICE  SHALL  INDICATE THE DATE THAT THE INITIAL PLACEMENT OR CHANGE IN
 PLACEMENT IS ANTICIPATED TO OCCUR  OR  THE  DATE  THE  PLACEMENT  CHANGE
 OCCURRED,  AS  APPLICABLE.  PROVIDED,  HOWEVER,  IF SUCH NOTICE LISTS AN
 ANTICIPATED DATE FOR THE PLACEMENT CHANGE,  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT  SHALL  SUBSEQUENTLY NOTIFY THE COURT AND THE ATTORNEYS FOR THE
 PARTIES, INCLUDING THE ATTORNEY FOR THE  RESPONDENT,  OF  THE  DATE  THE
 PLACEMENT  CHANGE  OCCURRED;  SUCH  NOTICE SHALL OCCUR NO LATER THAN ONE
 BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
   (B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  A  LOCAL
 SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART RESIDES IN A QUAL-
 IFIED  RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED

 S. 2506--C                         51                         A. 3006--C
 
 NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH  RESPONDENT'S  INITIAL
 PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
 TY-ONE,  UPON  RECEIPT  OF  NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES  DISTRICT,  THE
 COURT  SHALL  SCHEDULE A COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMI-
 NATION OF SUCH PLACEMENT IN ACCORDANCE WITH SUBDIVISION  THREE  OF  THIS
 SECTION.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY,
 SUCH COURT REVIEW SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE
 PLACEMENT OF THE  RESPONDENT  IN  THE  QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM COMMENCED.
   3.  (A)  WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT
 REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM, THE COURT SHALL:
   (I) CONSIDER THE ASSESSMENT, DETERMINATION AND DOCUMENTATION  MADE  BY
 THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW;
   (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET  THROUGH
 PLACEMENT  IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE
 RESPONDENT IN A QUALIFIED RESIDENTIAL  TREATMENT  PROGRAM  PROVIDES  THE
 MOST  EFFECTIVE  AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
 LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT  IS  CONSISTENT
 WITH  THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED
 IN THE RESPONDENT'S PERMANENCY PLAN; AND
   (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
 IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, WHERE THE  QUALIFIED
 INDIVIDUAL  DETERMINES  THAT THE PLACEMENT OF THE RESPONDENT IN A QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE IN ACCORDANCE WITH
 THE ASSESSMENT REQUIRED PURSUANT TO SECTION FOUR HUNDRED NINE-H  OF  THE
 SOCIAL  SERVICES  LAW,  THE  COURT MAY ONLY APPROVE THE PLACEMENT OF THE
 RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF:
   (A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
   (1) CIRCUMSTANCES EXIST THAT NECESSITATE THE  CONTINUED  PLACEMENT  OF
 THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM;
   (2)  THERE  IS  NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
 RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (3) THAT IT WOULD BE CONTRARY TO THE WELFARE OF THE RESPONDENT  TO  BE
 PLACED IN A LESS RESTRICTIVE SETTING AND THAT CONTINUED PLACEMENT IN THE
 QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM  IS  IN THE RESPONDENT'S BEST
 INTEREST; AND
   (B) THE COURT'S WRITTEN ORDER STATES  THE  SPECIFIC  REASONS  WHY  THE
 COURT  HAS  MADE  THE  FINDINGS  REQUIRED PURSUANT TO CLAUSE (A) OF THIS
 SUBPARAGRAPH.
   (IV) NOTHING HEREIN SHALL PROHIBIT THE COURT  FROM  CONSIDERING  OTHER
 RELEVANT AND NECESSARY INFORMATION TO MAKE A DETERMINATION.
   (B)  AT  THE CONCLUSION OF THE REVIEW, IF THE COURT DISAPPROVES PLACE-
 MENT OF THE RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM  THE
 COURT  SHALL,  ON ITS OWN MOTION, DETERMINE A SCHEDULE FOR THE RETURN OF
 THE RESPONDENT AND DIRECT THE LOCAL SOCIAL  SERVICES  DISTRICT  TO  MAKE
 SUCH OTHER ARRANGEMENTS FOR THE RESPONDENT'S CARE AND WELFARE THAT IS IN
 THE  BEST INTEREST OF THE RESPONDENT AND IN THE MOST EFFECTIVE AND LEAST
 RESTRICTIVE SETTING AS THE FACTS OF THE  CASE  MAY  REQUIRE.  IF  A  NEW
 PLACEMENT ORDER IS NECESSARY DUE TO RESTRICTIONS IN THE EXISTING GOVERN-
 ING PLACEMENT ORDER, THE COURT MAY ISSUE A NEW ORDER.
   4.    THE  COURT  MAY,  ON ITS OWN MOTION, OR THE MOTION OF ANY OF THE
 PARTIES OR THE ATTORNEY FOR  THE  RESPONDENT,  PROCEED  WITH  THE  COURT

 S. 2506--C                         52                         A. 3006--C
 
 REVIEW  REQUIRED  PURSUANT  TO  THIS SECTION ON THE BASIS OF THE WRITTEN
 RECORDS RECEIVED AND WITHOUT A HEARING. PROVIDED HOWEVER, THE COURT  MAY
 ONLY  PROCEED  WITH  THE COURT REVIEW WITHOUT A HEARING PURSUANT TO THIS
 SUBDIVISION  UPON  THE  CONSENT OF ALL PARTIES. PROVIDED FURTHER, IN THE
 EVENT THAT THE COURT CONDUCTS THE COURT REVIEW REQUIREMENT  PURSUANT  TO
 THIS SECTION BUT DOES NOT CONDUCT IT IN A HEARING, THE COURT SHALL ISSUE
 A  WRITTEN  ORDER  SPECIFYING ANY DETERMINATIONS MADE PURSUANT TO CLAUSE
 (A) OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION THREE OF  THIS
 SECTION  AND  PROVIDE SUCH WRITTEN ORDER TO THE PARTIES AND THE ATTORNEY
 FOR THE RESPONDENT EXPEDITIOUSLY, BUT NO LATER THAN FIVE DAYS.
   5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
   6. NOTHING IN THIS SECTION SHALL PROHIBIT  THE  COURT'S  REVIEW  OF  A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT
 THE  SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH RESPONDENT, INCLUD-
 ING BUT NOT LIMITED TO THE  RESPONDENT'S  PERMANENCY  HEARING,  PROVIDED
 SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACE-
 MENT.
   §  8.  The  opening  paragraph of subdivision 5 of section 1017 of the
 family court act is designated paragraph (a) and a new paragraph (b)  is
 added to read as follows:
   (B)  WHEN  A  CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
 SIONER OF A LOCAL SOCIAL  SERVICES  DISTRICT  IN  ACCORDANCE  WITH  THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
 IN  SECTION  FOUR  HUNDRED  NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE
 SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT  IN  SUCH  PROGRAM
 COMMENCED  ON  OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL
 SCHEDULE A COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMINATION OF  SUCH
 PLACEMENT  IN  ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS
 ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,
 SUCH COURT REVIEW SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE
 PLACEMENT  OF  THE  CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 COMMENCED.
   § 9. The opening paragraph of subdivision (j) of section 1055  of  the
 family court act is designated paragraph (i) and a new paragraph (ii) is
 added to read as follows:
   (II)  WHEN  A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
 SIONER OF A LOCAL SOCIAL  SERVICES  DISTRICT  IN  ACCORDANCE  WITH  THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
 IN  SECTION  FOUR  HUNDRED  NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE
 SUCH CHILD'S INITIAL PLACEMENT OR CHANGE IN PLACEMENT  IN  SUCH  PROGRAM
 COMMENCED  ON  OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (I) OF THIS SUBDI-
 VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL
 SCHEDULE A COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMINATION OF  SUCH
 PLACEMENT  IN  ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS
 PART. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  SUCH
 COURT  REVIEW  SHALL  OCCUR  NO  LATER THAN SIXTY DAYS FROM THE DATE THE
 PLACEMENT OF THE CHILD IN THE QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM
 COMMENCED.
   §  10.  The family court act is amended by adding a new section 1055-c
 to read as follows:
   §  1055-C. COURT REVIEW OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
 MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD

 S. 2506--C                         53                         A. 3006--C
 
 IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH,  TWO  THOUSAND  TWENTY-ONE
 AND  RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN
 SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND  WHOSE  CARE
 AND  CUSTODY  WERE  TRANSFERRED  TO  THE  COMMISSIONER OF A LOCAL SOCIAL
 SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE.
   2. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
 IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL  TREATMENT
 PROGRAM, THE COURT SHALL:
   (A)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
 THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF  THE
 SOCIAL SERVICES LAW;
   (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
 MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD
 IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE
 AND  APPROPRIATE  LEVEL  OF  CARE FOR THE CHILD IN THE LEAST RESTRICTIVE
 ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM
 AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN-
 CY PLAN; AND
   (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD  IN  A  QUALIFIED
 RESIDENTIAL  TREATMENT PROGRAM. PROVIDED THAT, WHERE THE QUALIFIED INDI-
 VIDUAL DETERMINES THAT THE PLACEMENT OF THE CHILD IN A  QUALIFIED  RESI-
 DENTIAL  TREATMENT  PROGRAM  IS  NOT  APPROPRIATE IN ACCORDANCE WITH THE
 ASSESSMENT REQUIRED PURSUANT TO  SECTION  FOUR  HUNDRED  NINE-H  OF  THE
 SOCIAL  SERVICES  LAW,  THE  COURT MAY ONLY APPROVE THE PLACEMENT OF THE
 CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF:
   (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
   (A) CIRCUMSTANCES EXIST THAT NECESSITATE THE  CONTINUED  PLACEMENT  OF
 THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM;
   (B)  THERE  IS  NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
 CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (C) THAT CONTINUED PLACEMENT IN THE  QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM IS IN THE CHILD'S BEST INTEREST; AND
   (II)  THE  COURT'S  WRITTEN  ORDER STATES THE SPECIFIC REASONS WHY THE
 COURT HAS MADE THE FINDINGS REQUIRED PURSUANT  TO  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH.
   (D)  NOTHING  HEREIN  SHALL  PROHIBIT THE COURT FROM CONSIDERING OTHER
 RELEVANT AND NECESSARY INFORMATION TO MAKE A DETERMINATION.
   3. AT THE CONCLUSION OF THE REVIEW, IF THE COURT DISAPPROVES PLACEMENT
 OF THE CHILD IN A QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM  THE  COURT
 SHALL,  ON  ITS  OWN  MOTION, DETERMINE A SCHEDULE FOR THE RETURN OF THE
 CHILD AND DIRECT THE LOCAL SOCIAL SERVICES DISTRICT TO MAKE  SUCH  OTHER
 ARRANGEMENTS FOR THE CHILD'S CARE AND WELFARE THAT IS IN THE BEST INTER-
 EST OF THE CHILD AND IN THE MOST EFFECTIVE AND LEAST RESTRICTIVE SETTING
 AS THE FACTS OF THE CASE MAY REQUIRE. IF A NEW PLACEMENT ORDER IS NECES-
 SARY  DUE TO RESTRICTIONS IN THE EXISTING GOVERNING PLACEMENT ORDER, THE
 COURT MAY ISSUE A NEW ORDER.
   4. THE COURT MAY, ON ITS OWN MOTION, OR  THE  MOTION  OF  ANY  OF  THE
 PARTIES  OR  THE  ATTORNEY  FOR THE CHILD, PROCEED WITH THE COURT REVIEW
 REQUIRED PURSUANT TO THIS SECTION ON THE BASIS OF  THE  WRITTEN  RECORDS
 RECEIVED  AND  WITHOUT  A  HEARING. PROVIDED HOWEVER, THE COURT MAY ONLY
 PROCEED WITH THE COURT REVIEW WITHOUT A HEARING PURSUANT TO THIS  SUBDI-
 VISION  UPON  THE CONSENT OF ALL PARTIES. PROVIDED FURTHER, IN THE EVENT
 THAT THE COURT CONDUCTS THE COURT REVIEW REQUIREMENT  PURSUANT  TO  THIS
 SECTION  BUT  DOES  NOT CONDUCT IT IN A HEARING, THE COURT SHALL ISSUE A
 WRITTEN ORDER SPECIFYING ANY DETERMINATIONS MADE  PURSUANT  TO  SUBPARA-
 GRAPH  (I)  OF  PARAGRAPH  (C)  OF  SUBDIVISION  TWO OF THIS SECTION AND

 S. 2506--C                         54                         A. 3006--C
 
 PROVIDE SUCH WRITTEN ORDER TO THE PARTIES AND THE ATTORNEY FOR THE CHILD
 EXPEDITIOUSLY, BUT NO LATER THAN FIVE DAYS.
   5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
   6.  NOTHING  IN  THIS  SECTION  SHALL PROHIBIT THE COURT'S REVIEW OF A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT
 THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT
 NOT LIMITED TO THE CHILD'S PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS
 COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
   § 11. Clause (C) of subparagraph (ix) of paragraph  5  of  subdivision
 (c)  of  section 1089 of the family court act, as added by section 27 of
 part A of chapter 3 of the laws of 2005, is amended, and a new paragraph
 6 is added to read as follows:
   (C) if the child is over age fourteen and has voluntarily withheld his
 or her consent to an adoption, the facts and circumstances regarding the
 child's decision to withhold consent and the reasons therefor[.]; AND
   (6) WHERE THE CHILD REMAINS PLACED IN A QUALIFIED  RESIDENTIAL  TREAT-
 MENT  PROGRAM,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
 SERVICES LAW, THE COMMISSIONER OF  THE  SOCIAL  SERVICES  DISTRICT  WITH
 LEGAL CUSTODY OF THE CHILD SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEAR-
 ING WITH RESPECT TO THE CHILD:
   (I)  DEMONSTRATING  THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
 OF THE CHILD CONTINUES TO SUPPORT THE DETERMINATION THAT  THE  NEEDS  OF
 THE  CHILD CANNOT BE MET THROUGH PLACEMENT IN A FOSTER FAMILY HOME, THAT
 THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES  THE
 MOST  EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST
 RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT  WITH  THE
 SHORT-TERM  AND  LONG-TERM  GOALS  FOR  THE  CHILD,  AS SPECIFIED IN THE
 CHILD'S PERMANENCY PLAN;
   (II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL  BE
 MET  FOR  THE CHILD IN THE PLACEMENT AND THE LENGTH OF TIME THE CHILD IS
 EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
   (III) DOCUMENTING THE  EFFORTS  MADE  BY  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT TO PREPARE THE CHILD TO RETURN HOME, OR TO BE PLACED WITH A FIT
 AND  WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER
 FAMILY HOME.
   § 12. The opening paragraph of clause (H)  of  subparagraph  (vii)  of
 paragraph  2  of subdivision (d) of section 1089 of the family court act
 is designated item (I) and a new item (II) is added to read as follows:
   (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  THE  COMMIS-
 SIONER  OF  A  LOCAL  SOCIAL  SERVICES  DISTRICT IN ACCORDANCE WITH THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS  DEFINED
 IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW AND WHERE SUCH
 CHILD'S  INITIAL  PLACEMENT  OR  CHANGE  IN  PLACEMENT  IN  SUCH PROGRAM
 COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO  THOUSAND  TWENTY-ONE,
 UPON  RECEIPT OF NOTICE REQUIRED PURSUANT TO ITEM (I) OF THIS CLAUSE AND
 MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A
 COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMINATION OF  SUCH  PLACEMENT
 IN  ACCORDANCE  WITH  SECTION  THREE  HUNDRED NINETY-THREE OF THE SOCIAL
 SERVICES LAW OR SECTION ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND  NINETY-
 ONE-A  OR ONE THOUSAND NINETY-SEVEN OF THIS CHAPTER. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, SUCH COURT REVIEW SHALL OCCUR NO
 LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE  CHILD  IN  THE
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   §  13.  The family court act is amended by adding a new section 1091-a
 to read as follows:

 S. 2506--C                         55                         A. 3006--C
 
   § 1091-A. COURT REVIEW OF PLACEMENT IN A QUALIFIED RESIDENTIAL  TREAT-
 MENT  PROGRAM.  1.  THE  PROVISIONS  OF  THIS SECTION SHALL APPLY WHEN A
 FORMER FOSTER CARE YOUTH IS PLACED ON OR AFTER  SEPTEMBER  TWENTY-NINTH,
 TWO  THOUSAND  TWENTY-ONE, AND RESIDES IN A QUALIFIED RESIDENTIAL TREAT-
 MENT  PROGRAM,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
 SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE  TRANSFERRED  TO  A  LOCAL
 SOCIAL  SERVICES  DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
 IN ACCORDANCE WITH THIS ARTICLE.
   2. (A) WHEN A FORMER FOSTER CARE YOUTH IS IN THE CARE AND CUSTODY OF A
 LOCAL SOCIAL SERVICES DISTRICT OR THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  PURSUANT  TO  THIS  ARTICLE,  SUCH SOCIAL SERVICES DISTRICT OR
 OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE FORMER FOSTER  CARE
 YOUTH  INTO  A  QUALIFIED  RESIDENTIAL  TREATMENT PROGRAM, AS DEFINED IN
 SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND
 THE ATTORNEYS FOR THE PARTIES, INCLUDING THE  ATTORNEY  FOR  THE  FORMER
 FOSTER  CARE  YOUTH,  FORTHWITH,  BUT  NOT  LATER  THAN ONE BUSINESS DAY
 FOLLOWING EITHER THE DECISION TO PLACE THE FORMER FOSTER CARE  YOUTH  IN
 THE  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM  OR  THE ACTUAL DATE THE
 PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL  INDI-
 CATE  THE  DATE  THAT  THE  INITIAL  PLACEMENT OR CHANGE IN PLACEMENT IS
 ANTICIPATED TO OCCUR OR THE  DATE  THE  PLACEMENT  CHANGE  OCCURRED,  AS
 APPLICABLE.  PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE
 FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT  OR  OFFICE
 SHALL  SUBSEQUENTLY  NOTIFY  THE  COURT  AND  ATTORNEYS FOR THE PARTIES,
 INCLUDING THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, OF THE DATE THE
 PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR  NO  LATER  THAN  ONE
 BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
   (B)  WHEN  A  FORMER  FOSTER CARE YOUTH WHOSE LEGAL CUSTODY WAS TRANS-
 FERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND
 FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE RESIDES IN  A  QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H
 OF  THE  SOCIAL  SERVICES LAW, AND WHERE SUCH FORMER FOSTER CARE YOUTH'S
 INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM  COMMENCED  ON  OR  AFTER SEPTEMBER TWENTY-NINTH, TWO
 THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT  TO  PARA-
 GRAPH  (A)  OF  THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES
 DISTRICT, THE COURT SHALL SCHEDULE A COURT REVIEW TO MAKE AN  ASSESSMENT
 AND DETERMINATION OF SUCH PLACEMENT IN ACCORDANCE WITH SUBDIVISION THREE
 OF  THIS  SECTION.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE
 CONTRARY, SUCH COURT REVIEW SHALL OCCUR NO LATER THAN  SIXTY  DAYS  FROM
 THE  DATE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF  A  FORMER  FOSTER
 CARE  YOUTH REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL:
   (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
 THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW;
   (B) DETERMINE WHETHER THE NEEDS OF THE FORMER FOSTER CARE YOUTH CAN BE
 MET THROUGH PLACEMENT IN A FOSTER  FAMILY  HOME  AND,  IF  NOT,  WHETHER
 PLACEMENT  OF  THE  FORMER  FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE  LEVEL  OF
 CARE  FOR THE FORMER FOSTER CARE YOUTH IN THE LEAST RESTRICTIVE ENVIRON-
 MENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH  THE  SHORT-TERM  AND
 LONG-TERM  GOALS  FOR  THE FORMER FOSTER CARE YOUTH, AS SPECIFIED IN THE
 FORMER FOSTER CARE YOUTH'S PERMANENCY PLAN; AND

 S. 2506--C                         56                         A. 3006--C
 
   (C) APPROVE OR DISAPPROVE THE PLACEMENT  OF  THE  FORMER  FOSTER  CARE
 YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, WHERE
 THE  QUALIFIED  INDIVIDUAL  DETERMINES  THAT THE PLACEMENT OF THE FORMER
 FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT  PROGRAM  IS  NOT
 APPROPRIATE  IN  ACCORDANCE  WITH  THE  ASSESSMENT  REQUIRED PURSUANT TO
 SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,  THE  COURT  MAY
 ONLY APPROVE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM IF:
   (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
   (A)  CIRCUMSTANCES  EXIST  THAT NECESSITATE THE CONTINUED PLACEMENT OF
 THE FORMER FOSTER CARE YOUTH  IN  THE  QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM;
   (B)  THERE  IS  NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
 FORMER FOSTER CARE YOUTH'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (C) THAT CONTINUED PLACEMENT IN THE  QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM IS IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST; AND
   (II)  THE  COURT'S  WRITTEN  ORDER STATES THE SPECIFIC REASONS WHY THE
 COURT HAS MADE THE FINDINGS REQUIRED PURSUANT  TO  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH.
   (D)  NOTHING  HEREIN  SHALL  PROHIBIT THE COURT FROM CONSIDERING OTHER
 RELEVANT AND NECESSARY INFORMATION TO MAKE A DETERMINATION.
   4. AT THE CONCLUSION OF THE REVIEW, IF THE COURT DISAPPROVES PLACEMENT
 OF THE FORMER FOSTER CARE YOUTH IN  A  QUALIFIED  RESIDENTIAL  TREATMENT
 PROGRAM THE COURT SHALL, ON ITS OWN MOTION, DETERMINE A SCHEDULE FOR THE
 RETURN  OF  THE  FORMER  FOSTER  CARE  YOUTH AND DIRECT THE LOCAL SOCIAL
 SERVICES DISTRICT OR OFFICE OF CHILDREN AND FAMILY SERVICES, AS APPLICA-
 BLE, TO MAKE SUCH OTHER ARRANGEMENTS FOR THE FORMER FOSTER CARE  YOUTH'S
 CARE  AND WELFARE THAT IS IN THE BEST INTEREST OF THE FORMER FOSTER CARE
 YOUTH AND IN THE MOST EFFECTIVE AND LEAST  RESTRICTIVE  SETTING  AS  THE
 FACTS OF THE CASE MAY REQUIRE. IF A NEW PLACEMENT ORDER IS NECESSARY DUE
 TO RESTRICTIONS IN THE EXISTING GOVERNING PLACEMENT ORDER, THE COURT MAY
 ISSUE A NEW ORDER.
   5.  THE  COURT  MAY,  ON  ITS  OWN MOTION, OR THE MOTION OF ANY OF THE
 PARTIES OR THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH,  PROCEED  WITH
 THE  COURT  REVIEW REQUIRED PURSUANT TO THIS SECTION ON THE BASIS OF THE
 WRITTEN RECORDS RECEIVED AND WITHOUT A HEARING.  PROVIDED  HOWEVER,  THE
 COURT  MAY ONLY PROCEED WITH THE COURT REVIEW WITHOUT A HEARING PURSUANT
 TO THIS SUBDIVISION UPON THE CONSENT OF ALL PARTIES.  PROVIDED  FURTHER,
 IN THE EVENT THAT THE COURT CONDUCTS THE COURT REVIEW REQUIREMENT PURSU-
 ANT  TO  THIS  SECTION  BUT  DOES NOT CONDUCT IT IN A HEARING, THE COURT
 SHALL ISSUE A WRITTEN ORDER SPECIFYING ANY DETERMINATIONS MADE  PURSUANT
 TO  SUBPARAGRAPH  (I)  OF  PARAGRAPH  (C)  OF  SUBDIVISION THREE OF THIS
 SECTION AND PROVIDE SUCH WRITTEN ORDER TO THE PARTIES AND  THE  ATTORNEY
 FOR  THE  FORMER FOSTER CARE YOUTH EXPEDITIOUSLY, BUT NO LATER THAN FIVE
 DAYS.
   6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE FORMER FOSTER CARE YOUTH'S CASE RECORD.
   7. NOTHING IN THIS SECTION SHALL PROHIBIT  THE  COURT'S  REVIEW  OF  A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT
 THE  SAME  TIME AS ANOTHER HEARING SCHEDULED FOR SUCH FORMER FOSTER CARE
 YOUTH, INCLUDING BUT NOT LIMITED  TO  THE  FORMER  FOSTER  CARE  YOUTH'S
 PERMANENCY  HEARING,  PROVIDED  SUCH  APPROVAL IS COMPLETED WITHIN SIXTY
 DAYS OF THE START OF SUCH PLACEMENT.
   § 14. The family court act is amended by adding a new section 1097  to
 read as follows:

 S. 2506--C                         57                         A. 3006--C
 
   § 1097. COURT REVIEW OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM.  1.  THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD IS
 PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,  AND
 RESIDES  IN  A  QUALIFIED  RESIDENTIAL  TREATMENT PROGRAM, AS DEFINED IN
 SECTION  FOUR  HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE
 AND CUSTODY WERE TRANSFERRED TO A  LOCAL  SOCIAL  SERVICES  DISTRICT  IN
 ACCORDANCE WITH THIS ARTICLE.
   2.  (A)  WHEN  A  CHILD  IS  IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
 SERVICES  DISTRICT  PURSUANT  TO  THIS  ARTICLE,  SUCH  SOCIAL  SERVICES
 DISTRICT  SHALL  REPORT  ANY  ANTICIPATED  PLACEMENT OF THE CHILD INTO A
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM,  AS  DEFINED  IN  SECTION  FOUR
 HUNDRED  NINE-H  OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTOR-
 NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE  CHILD,  FORTHWITH,
 BUT  NOT  LATER  THAN  ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO
 PLACE THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT  PROGRAM  OR  THE
 ACTUAL  DATE  THE  PLACEMENT  CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH
 NOTICE SHALL INDICATE THE DATE THAT THE INITIAL PLACEMENT OR  CHANGE  IN
 PLACEMENT  IS  ANTICIPATED  TO  OCCUR  OR  THE DATE THE PLACEMENT CHANGE
 OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER,  IF  SUCH  NOTICE  LISTS  AN
 ANTICIPATED  DATE  FOR  THE  PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES
 DISTRICT SHALL SUBSEQUENTLY NOTIFY  THE  COURT  AND  ATTORNEYS  FOR  THE
 PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE DATE THE PLACEMENT
 CHANGE  OCCURRED, SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY
 FOLLOWING THE PLACEMENT CHANGE.
   (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL
 SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H
 OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S INITIAL PLACEMENT  OR
 CHANGE  IN  PLACEMENT  IN  SUCH  QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO  THOUSAND  TWENTY-ONE,
 UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL
 SCHEDULE  A COURT REVIEW TO MAKE AN ASSESSMENT AND DETERMINATION OF SUCH
 PLACEMENT IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH  COURT  REVIEW
 SHALL  OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE
 CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
 IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL  TREATMENT
 PROGRAM, THE COURT SHALL:
   (A)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
 THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF  THE
 SOCIAL SERVICES LAW;
   (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
 MENT IN A FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD
 IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE
 AND  APPROPRIATE  LEVEL  OF  CARE FOR THE CHILD IN THE LEAST RESTRICTIVE
 ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM
 AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN-
 CY PLAN; AND
   (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE  QUALIFIED
 RESIDENTIAL  TREATMENT PROGRAM. PROVIDED THAT, WHERE THE QUALIFIED INDI-
 VIDUAL DETERMINES THAT THE PLACEMENT OF THE CHILD IN A  QUALIFIED  RESI-
 DENTIAL  TREATMENT  PROGRAM  IS  NOT  APPROPRIATE IN ACCORDANCE WITH THE
 ASSESSMENT REQUIRED PURSUANT TO  SECTION  FOUR  HUNDRED  NINE-H  OF  THE

 S. 2506--C                         58                         A. 3006--C

 SOCIAL  SERVICES  LAW,  THE  COURT MAY ONLY APPROVE THE PLACEMENT OF THE
 CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IF:
   (I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
   (A)  CIRCUMSTANCES  EXIST  THAT NECESSITATE THE CONTINUED PLACEMENT OF
 THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM;
   (B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT  CAN  MEET  THE
 CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
   (C)  THAT  CONTINUED  PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM IS IN THE CHILD'S BEST INTEREST; AND
   (II) THE COURT'S WRITTEN ORDER STATES THE  SPECIFIC  REASONS  WHY  THE
 COURT  HAS  MADE  THE  FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF
 THIS PARAGRAPH.
   (D) NOTHING HEREIN SHALL PROHIBIT THE  COURT  FROM  CONSIDERING  OTHER
 RELEVANT AND NECESSARY INFORMATION TO MAKE A DETERMINATION.
   4. AT THE CONCLUSION OF THE REVIEW, IF THE COURT DISAPPROVES PLACEMENT
 OF  THE  CHILD  IN  A  QUALIFIED RESIDENTIAL TREATMENT PROGRAM THE COURT
 SHALL, ON ITS OWN MOTION, DETERMINE A SCHEDULE FOR  THE  RETURN  OF  THE
 CHILD  AND  DIRECT THE LOCAL SOCIAL SERVICES DISTRICT TO MAKE SUCH OTHER
 ARRANGEMENTS FOR THE CHILD'S CARE AND WELFARE THAT IS IN THE BEST INTER-
 EST OF THE CHILD AND IN THE MOST EFFECTIVE AND LEAST RESTRICTIVE SETTING
 AS THE FACTS OF THE CASE MAY REQUIRE. IF A NEW PLACEMENT ORDER IS NECES-
 SARY DUE TO RESTRICTIONS IN THE EXISTING GOVERNING PLACEMENT ORDER,  THE
 COURT MAY ISSUE A NEW ORDER.
   5.  THE  COURT  MAY,  ON  ITS  OWN MOTION, OR THE MOTION OF ANY OF THE
 PARTIES OR THE ATTORNEY FOR THE CHILD, PROCEED  WITH  THE  COURT  REVIEW
 REQUIRED  PURSUANT  TO  THIS SECTION ON THE BASIS OF THE WRITTEN RECORDS
 RECEIVED AND WITHOUT A HEARING. PROVIDED HOWEVER,  THE  COURT  MAY  ONLY
 PROCEED  WITH THE COURT REVIEW WITHOUT A HEARING PURSUANT TO THIS SUBDI-
 VISION UPON THE CONSENT OF ALL PARTIES. PROVIDED FURTHER, IN  THE  EVENT
 THAT  THE  COURT  CONDUCTS THE COURT REVIEW REQUIREMENT PURSUANT TO THIS
 SECTION BUT DOES NOT CONDUCT IT IN A HEARING, THE COURT  SHALL  ISSUE  A
 WRITTEN  ORDER  SPECIFYING  ANY DETERMINATIONS MADE PURSUANT TO SUBPARA-
 GRAPH (I) OF PARAGRAPH (C) OF SUBDIVISION  THREE  OF  THIS  SECTION  AND
 PROVIDE SUCH WRITTEN ORDER TO THE PARTIES AND THE ATTORNEY FOR THE CHILD
 EXPEDITIOUSLY, BUT NO LATER THAN FIVE DAYS.
   6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
   7.  NOTHING  IN  THIS  SECTION  SHALL PROHIBIT THE COURT'S REVIEW OF A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM OCCURRING AT
 THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR SUCH CHILD, INCLUDING BUT
 NOT LIMITED TO THE CHILD'S PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS
 COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
   § 15. The office of children and family services, beginning  one  year
 after the effective date of this act and annually thereafter, shall make
 the following information publicly available on its website:
   1.  the total number of youth placed in a qualified residential treat-
 ment program whose placement was determined to be inappropriate;
   2. the total number of youth placed in a qualified residential  treat-
 ment program whose placement was determined to be appropriate; and
   3.  any  other  information the office deems appropriate to assess the
 effectiveness of the  implementation  of  the  family  first  prevention
 services act.
   §  16.  Severability.  If  any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion  to be invalid and after exhaustion of all further judicial review,
 the judgment shall not affect, impair or invalidate the remainder there-

 S. 2506--C                         59                         A. 3006--C
 
 of, but shall be confined in its  operation  to  the  clause,  sentence,
 paragraph,  section or part of this act directly involved in the contro-
 versy in which the judgment shall have been rendered.
   §  17. This act shall take effect September 29, 2021; provided, howev-
 er, that the provisions of section fifteen of this act shall expire  and
 be deemed repealed December 31, 2026; and provided, further, that:
   (a) (i) notwithstanding any other provision of law, provisions in this
 act  shall  not take effect unless and until the state title IV-E agency
 submits to the United States Department of Health  and  Human  Services,
 Administration  for  Children,  Youth  and Families, an amendment to the
 title IV-E state plan and the United States  Department  of  Health  and
 Human Services, Administration for Children, Youth and Families approves
 said title IV-E state plan amendment regarding when a child is placed in
 a  qualified  residential treatment program in relation to the following
 components: (1) the qualified individual and the  establishment  of  the
 assessment by the qualified individual to be completed prior to or with-
 in  30-days  of the child's placement as established by section three of
 this act; (2) the 60 day court reviews, including the ability to conduct
 at the same time as another hearing scheduled for the child,  as  estab-
 lished  by  sections  one,  two,  four, seven, eight, nine, ten, twelve,
 thirteen and fourteen of this act; and (3) permanency  hearing  require-
 ments as established by sections five, six and eleven of this act;
   (ii)  provided however, that if the United States Department of Health
 and Human Services, Administration  for  Children,  Youth  and  Families
 fails  to  approve  or disapproves any of the components listed in para-
 graph (i) of this subdivision, such action shall not impact  the  effec-
 tive date for the remaining components listed therein;
   (b) the office of children and family services shall inform the legis-
 lative  bill  drafting  commission upon the occurrence of the submission
 set forth in subdivision (a) of this section and  any  approval  related
 thereto in order that the commission may maintain an effective and time-
 ly  database  of  the official texts of the state of laws of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law;
   (c) for the purposes of this act, the  term  "placement"  shall  refer
 only to placements made on or after the effective date of the Title IV-E
 state  plan  to establish the 30-day assessment, 60-day court review and
 permanency hearing requirements set forth in this act that occur  on  or
 after its effective date; and
   (d) the office of children and family services and the office of court
 administration  are hereby authorized to promulgate such rules and regu-
 lations on an emergency basis as  may  be  necessary  to  implement  the
 provisions of this act on or before such effective date.
 
                                  PART M
 
                           Intentionally Omitted
 
                                  PART N
 
                           Intentionally Omitted
 
                                  PART O
 
   Section  1.  Notwithstanding  any  other provision of law, the housing
 trust fund corporation may provide, for  purposes  of  the  neighborhood

 S. 2506--C                         60                         A. 3006--C
 
 preservation  program,  a  sum  not to exceed $12,830,000 for the fiscal
 year ending March 31, 2022.  Within this total amount, $150,000 shall be
 used for the purpose of entering into a contract with  the  neighborhood
 preservation  coalition  to provide technical assistance and services to
 companies funded pursuant to article 16 of the private  housing  finance
 law.    Notwithstanding  any  other provision of law, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing  any costs associated with neighborhood preservation program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $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 deter-
 mined and certified by the state of New York  mortgage  agency  for  the
 fiscal  year  2020-2021  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, 2021.
   §  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,  2022.    Within  this  total amount, $150,000 shall be used for the
 purpose of entering into a contract with the rural housing coalition  to
 provide  technical  assistance and services to companies funded pursuant
 to article 17 of the private housing finance law.   Notwithstanding  any
 other  provision  of  law,  and  subject to the approval of the New York
 state director of the budget, the board of directors of the state of New
 York mortgage agency shall authorize the transfer to the  housing  trust
 fund  corporation,  for the purposes of reimbursing any costs associated
 with rural preservation program contracts authorized by this section,  a
 total  sum  not  to exceed $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 insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2020-2021 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, 2021.
   § 3. Notwithstanding any other provision of law, the homeless  housing
 and  assistance  corporation  may  provide,  for  services  and expenses
 related to homeless housing and preventative services programs including
 but not limited to the New York state supportive  housing  program,  the
 solutions  to  end  homelessness  program or the operational support for

 S. 2506--C                         61                         A. 3006--C
 
 AIDS housing program, or to qualified grantees under such  programs,  in
 accordance  with  the requirements of such programs, a sum not to exceed
 $45,181,000 for the fiscal year ending  March  31,  2022.  The  homeless
 housing  and assistance corporation may enter into an agreement with the
 office of temporary and disability assistance to administer such sum  in
 accordance  with  the requirements of such programs. 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 homeless hous-
 ing and assistance corporation, a total sum not to  exceed  $45,181,000,
 such  transfer  to  be made from (i) the special account of the mortgage
 insurance fund created pursuant to section 2429-b of the public authori-
 ties law, in an amount not to exceed the actual excess  balance  in  the
 special account of the mortgage insurance fund, as determined and certi-
 fied  by the state of New York mortgage agency for the fiscal year 2020-
 2021 in accordance with section 2429-b of the public authorities law, if
 any, and/or (ii) provided that the reserves in the project  pool  insur-
 ance  account of the mortgage insurance fund created pursuant to section
 2429-b of the public authorities law are sufficient to attain and  main-
 tain  the  credit rating as determined by the state of New York mortgage
 agency, required to accomplish the purposes of such account, the project
 pool insurance account of the mortgage  insurance  fund,  such  transfer
 shall be made as soon as practicable but no later than March 31, 2022.
   §  4. Notwithstanding any other provision of law, the homeless housing
 and assistance corporation may provide, for purposes of reimbursing  New
 York  city  expenditures  for  adult  shelters,  a  sum  not  to  exceed
 $65,568,000 for the fiscal year ending March 31, 2022.   Notwithstanding
 any  other  inconsistent provision of law, such funds shall be available
 for eligible costs incurred on or after  January  1,  2021,  and  before
 January  1,  2022,  that  are  otherwise reimbursable by the state on or
 after April 1, 2021, and that  are  claimed  by  March  31,  2022.  Such
 reimbursement  shall constitute total state reimbursement for activities
 funded  herein  in  state  fiscal  year  2021-2022,  and  shall  include
 reimbursement for costs associated with a court mandated plan to improve
 shelter  conditions  for  medically  frail  persons and additional costs
 incurred as part of a plan to reduce over-crowding in  congregate  shel-
 ters.  The homeless housing and assistance corporation may enter into an
 agreement with the office of  temporary  and  disability  assistance  to
 administer  such  sum  in accordance with the laws, rules or regulations
 relating to public assistance and care or  the  administration  thereof.
 Notwithstanding  any other provision of law, and subject to the approval
 of the New York state director of the budget, and the  authorization  by
 the  members  of the state of New York housing finance agency, the state
 of New York housing finance agency shall transfer to the homeless  hous-
 ing  and  assistance corporation, a total sum not to exceed $65,568,000,
 such transfer to be made from excess funds of the housing finance  agen-
 cy,  not  pledged to the payment of the agency's outstanding bonds. Such
 transfer shall be made as soon as practicable but no  later  than  March
 31, 2022.
   § 5. This act shall take effect immediately.

                                  PART P
 
   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

 S. 2506--C                         62                         A. 3006--C
 
 part  K  of  chapter  56  of  the  laws  of 2020, are amended to read as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$150.00] $152.00 for each month beginning on or after
 January first, two thousand [twenty] TWENTY-ONE.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$174.00] $176.00 for each month beginning on
 or after January first, two thousand [twenty] TWENTY-ONE.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$207.00] $210.00 for each month
 beginning on or after January first, two thousand [twenty] TWENTY-ONE.
   (d) for the period commencing January first, two thousand [twenty-one]
 TWENTY-TWO, 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-one] TWENTY-TWO, but prior to June thirtieth, two thou-
 sand [twenty-one] TWENTY-TWO, 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
 K of chapter 56 of the laws of 2020, are amended to read as follows:
   (a)  On and after January first, two thousand [twenty] TWENTY-ONE, for
 an eligible individual living  alone,  [$870.00]  $881.00;  and  for  an
 eligible couple living alone, [$1,279.00] $1,295.00.
   (b)  On and after January first, two thousand [twenty] TWENTY-ONE, for
 an eligible individual  living  with  others  with  or  without  in-kind
 income, [$806.00] $817.00; and for an eligible couple living with others
 with or without in-kind income, [$1,221.00] $1,237.00.
   (c)  On and after January first, two thousand [twenty] TWENTY-ONE, (i)
 for an eligible individual receiving family care, [$1,049.48]  $1,060.48
 if he or she is receiving such care in the city of New York or the coun-
 ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
 couple  receiving  family  care in the city of New York or the county of
 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
 in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
 ual receiving such care in any other county in  the  state,  [$1,011.48]
 $1,022.48;  and  (iv)  for an eligible couple receiving such care in any
 other county in the state, two times the amount set  forth  in  subpara-
 graph (iii) of this paragraph.
   (d)  On and after January first, two thousand [twenty] TWENTY-ONE, (i)
 for an  eligible  individual  receiving  residential  care,  [$1,218.00]
 $1,229.00 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, [$1,188.00] $1,199.00; 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] TWENTY-ONE,  (i)
 for   an   eligible  individual  receiving  enhanced  residential  care,

 S. 2506--C                         63                         A. 3006--C
 
 [$1,477.00]  $1,488.00;  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-one] TWENTY-
 TWO but prior to June thirtieth, two thousand [twenty-one] TWENTY-TWO.
   § 3. This act shall take effect December 31, 2021.
 
                                  PART Q
 
   Section 1. Section 82 of the state finance law, as  added  by  chapter
 375 of the laws of 2018, is amended to read as follows:
   §  82. Gifts to food banks fund. 1. There is hereby established in the
 sole custody of the commissioner of taxation and finance a special  fund
 to  be known as the "gifts to food banks fund". Monies in the fund shall
 be kept separate from and not commingled with other funds  held  in  the
 sole custody of the commissioner of taxation and finance.
   2.  Such fund shall consist of all revenues received by the department
 of taxation and finance  pursuant  to  the  provisions  of  section  six
 hundred  twenty-five-a  of the tax law and all other money appropriated,
 credited, or transferred thereto from any other fund or source  pursuant
 to  law.  Nothing in this section shall prevent the state from receiving
 grants, gifts or bequests for the purposes of the  fund  as  defined  in
 this section and depositing them into the fund according to law.
   3.  Monies  of the fund shall, after appropriation by the legislature,
 be made available to the [office of temporary and disability assistance]
 DEPARTMENT OF HEALTH for grants to regional  food  banks,  organized  to
 serve  specific  regions of the state, that generally collect and redis-
 tribute food donations to organizations serving persons in need.  Monies
 shall  be  payable  from  the  fund  by the commissioner of taxation and
 finance on vouchers approved by the commissioner of [temporary and disa-
 bility assistance] HEALTH. The commissioner of [temporary and disability
 assistance] HEALTH shall promulgate rules and regulations necessary  for
 the distribution of such grants.
   4.  To  the  extent  practicable,  the  commissioner of [the office of
 temporary and disability assistance] HEALTH shall ensure that all monies
 received during a fiscal year are expended prior  to  the  end  of  that
 fiscal year.
   5.  On  or before the first day of February each year, the comptroller
 shall certify to the governor, temporary president of the senate, speak-
 er of the assembly, chair of the senate finance committee and  chair  of
 the  assembly ways and means committee, the amount of money deposited in
 the gifts to food banks fund during the preceding calendar year  as  the
 result  of revenue derived pursuant to section six hundred twenty-five-a
 of the tax law.
   6. On or before the first day of February each year, the  commissioner
 of  [the  office  of  temporary  and disability assistance] HEALTH shall
 provide a written report to  the  temporary  president  of  the  senate,
 speaker of the assembly, chair of the senate finance committee, chair of
 the  assembly ways and means committee, chair of the senate committee on
 social services, chair of the assembly social  services  committee,  and
 the  public.  Such  report shall include how the monies of the fund were
 utilized during the preceding calendar year and shall include:
   (a) the amount of money [dispersed] DISBURSED from the fund;

 S. 2506--C                         64                         A. 3006--C
 
   (b) the recipients of awards from the fund;
   (c) the amount awarded to each recipient;
   (d) the purposes for which such awards were granted; and
   (e) a summary financial plan for such monies which shall include esti-
 mates of all receipts and all disbursements for the current and succeed-
 ing  fiscal  years,  along with the actual results from the prior fiscal
 year.
   § 2. This act shall take effect immediately.
 
                                  PART R
 
                           Intentionally Omitted
 
                                  PART S
 
                           Intentionally Omitted
 
                                  PART T

                           Intentionally Omitted
 
                                  PART U
 
   Section 1. Section 577 of the private housing finance law  is  amended
 by adding a new subdivision 2-a to read as follows:
   2-A.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA-
 RY,  A PROJECT OF A HOUSING DEVELOPMENT FUND COMPANY INCORPORATED PURSU-
 ANT TO THE NOT-FOR-PROFIT CORPORATION LAW  AND  THIS  ARTICLE  SHALL  BE
 EXEMPT  FROM  THE  SALES  AND COMPENSATING USE TAXES IMPOSED PURSUANT TO
 ARTICLE TWENTY-EIGHT OR TWENTY-NINE OF THE TAX LAW, PROVIDED  THAT  SUCH
 HOUSING DEVELOPMENT FUND COMPANY HAS ENTERED INTO A REGULATORY AGREEMENT
 WITH RESPECT TO THE PROVISION OF AFFORDABLE HOUSING WITH THE COMMISSION-
 ER, A STATE AGENCY OR AUTHORITY AS DEFINED IN THIS CHAPTER, THE NEW YORK
 CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, OR THE NEW YORK
 CITY  HOUSING  DEVELOPMENT  CORPORATION,  AND  SUCH  TAX EXEMPTION SHALL
 CONTINUE ONLY SO LONG AS SUCH AGREEMENT IS IN FORCE AND EFFECT.
   § 2. This act  shall  take  effect  immediately  and  shall  apply  to
 projects  that  are  the subject of regulatory agreements that have been
 entered into with the commissioner,  a  state  agency  or  authority  as
 defined in this chapter, the New York city department of housing preser-
 vation  and development, or the New York city housing development corpo-
 ration on or after January 1, 2019.
 
                                  PART V
 
                           Intentionally Omitted
 
                                  PART W

                           Intentionally Omitted

 S. 2506--C                         65                         A. 3006--C
 
                                  PART X
 
                           Intentionally Omitted
 
                                  PART Y
 
                           Intentionally Omitted
 
                                  PART Z
 
   Section  1. Subdivision 8 of section 410-w of the social services law,
 as added by chapter 144 of the laws of  2015,  is  amended  to  read  as
 follows:
   8.  Notwithstanding any other provision of law, rule or regulations to
 the contrary, a social services district that implements a  plan  amend-
 ment  to  the  child care portion of its child and family services plan,
 either as part of an annual plan update,  or  through  a  separate  plan
 amendment  process,  where  such  amendment  reduces eligibility for, or
 increases the family share percentage of, families receiving child  care
 services, or that implements the process for closing child care cases as
 set forth in the district's approved child and family services plan, due
 to the district determining that it cannot maintain its current caseload
 because  all  of the available funds are projected to be needed for open
 cases, shall provide all  families  whose  eligibility  for  child  care
 assistance  or  family  share percentage will be impacted by such action
 with at least thirty days prior written notice of the action.  PROVIDED,
 HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS TITLE SHALL
 NOT BE REQUIRED TO CONTRIBUTE MORE THAN  TEN  PERCENT  OF  THEIR  INCOME
 EXCEEDING THE FEDERAL POVERTY LEVEL.
   §  2.  Subdivision  6  of section 410-x 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:
   6.  Pursuant to department regulations, child care assistance shall be
 provided on a sliding fee basis based upon the family's ability to  pay;
 PROVIDED,  HOWEVER,  THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS
 TITLE SHALL NOT BE REQUIRED TO CONTRIBUTE MORE THAN TEN PERCENT OF THEIR
 INCOME EXCEEDING THE FEDERAL POVERTY LEVEL.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed three years after such date.
 
                                  PART AA
 
   Section 1. Legislative findings and intent. The legislature finds that
 the  transition  to  the green economy and creating good paying jobs are
 not mutually exclusive priorities for New York State. In order  to  make
 this transition and achieve the ambitious goals set forth in the Climate
 Leadership  and  Community Protection Act, a clear focus on prioritizing
 renewable energy sources is necessary. However,  the  workers  who  will
 build  the  infrastructure of the green economy must not be left behind.
 Setting clear standards for job quality will ensure the creation of good
 jobs, protect workers in the ongoing transition of  our  energy  sector,
 and result in positive economic impacts.  In addition to workers engaged
 directly  in  the  renewable energy sector, New Yorkers have experienced
 widespread unemployment as a result of the pandemic.  According  to  the

 S. 2506--C                         66                         A. 3006--C

 New York State Department of Labor, as of January 2021 New York has paid
 over  $61  billion  in  unemployment  benefits to 4 million workers. New
 manufacturing and supply chain jobs  are  a  necessary  element  of  any
 pandemic  recovery.    Due  to  such  findings,  the  legislature hereby
 declares that the mandate of prevailing wage or project labor agreements
 for construction work performed in connection with the  installation  of
 renewable  energy  systems  and  its Buy American preference provided in
 this bill will ensure that workers are central to New York State's tran-
 sition to the green economy and its pandemic recovery plan.
   § 2. The labor law is amended by adding a new section 224-d to read as
 follows:
   § 224-D. WAGE REQUIREMENTS FOR CERTAIN RENEWABLE  ENERGY  SYSTEMS.  1.
 FOR  PURPOSES OF THIS SECTION, A "COVERED RENEWABLE ENERGY SYSTEM" MEANS
 A  RENEWABLE  ENERGY  SYSTEM,  AS  SUCH  TERM  IS  DEFINED  IN   SECTION
 SIXTY-SIX-P  OF  THE PUBLIC SERVICE LAW, WITH A CAPACITY OF GREATER THAN
 FIVE MEGAWATTS ALTERNATING CURRENT AND WHICH INVOLVES THE PROCUREMENT OF
 RENEWABLE ENERGY CREDITS BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING  ON
 BEHALF AND FOR THE BENEFIT OF A PUBLIC ENTITY.
   2. NOTWITHSTANDING THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-FOUR-A
 OF  THIS  ARTICLE, A COVERED RENEWABLE ENERGY SYSTEM SHALL BE SUBJECT TO
 PREVAILING WAGE REQUIREMENTS IN ACCORDANCE  WITH  SECTIONS  TWO  HUNDRED
 TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE. PROVIDED THAT A RENEWA-
 BLE  ENERGY  SYSTEM DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE
 LAW WHICH IS NOT CONSIDERED TO BE COVERED BY  THIS  SECTION,  MAY  STILL
 OTHERWISE  BE  CONSIDERED  A  "COVERED  PROJECT" PURSUANT TO SECTION TWO
 HUNDRED TWENTY-FOUR-A OF THIS ARTICLE IF IT MEETS SUCH DEFINITION.
   3. FOR PURPOSES OF THIS SECTION, A  COVERED  RENEWABLE  ENERGY  SYSTEM
 SHALL  EXCLUDE  CONSTRUCTION  WORK PERFORMED UNDER A PRE-HIRE COLLECTIVE
 BARGAINING AGREEMENT BETWEEN AN OWNER OR  CONTRACTOR  AND  A  BONA  FIDE
 BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION WHICH HAS ESTABLISHED
 ITSELF,  AND/OR  ITS  AFFILIATES, AS THE COLLECTIVE BARGAINING REPRESEN-
 TATIVE FOR ALL PERSONS WHO WILL PERFORM WORK  ON  SUCH  A  PROJECT,  AND
 WHICH  PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-
 NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION  CAN  PERFORM  WORK  ON
 SUCH  A  PROJECT,  OR  CONSTRUCTION  WORK  PERFORMED UNDER A LABOR PEACE
 AGREEMENT, PROJECT LABOR  AGREEMENT,  OR  ANY  OTHER  CONSTRUCTION  WORK
 PERFORMED  UNDER AN ENFORCEABLE AGREEMENT BETWEEN AN OWNER OR CONTRACTOR
 AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION.
   4. FOR PURPOSES OF THIS SECTION, THE "FISCAL OFFICER" SHALL BE  DEEMED
 TO BE THE COMMISSIONER.  THE ENFORCEMENT OF ANY COVERED RENEWABLE ENERGY
 SYSTEM  PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE REQUIREMENTS OF
 SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-A, TWO HUNDRED TWENTY-B,
 TWO HUNDRED TWENTY-THREE, TWO HUNDRED  TWENTY-FOUR-B,  AND  TWO  HUNDRED
 TWENTY-SEVEN  OF  THIS CHAPTER AND WITHIN THE JURISDICTION OF THE FISCAL
 OFFICER; PROVIDED, HOWEVER, NOTHING CONTAINED IN THIS SECTION  SHALL  BE
 DEEMED  TO  CONSTRUE  ANY  COVERED  RENEWABLE ENERGY SYSTEM AS OTHERWISE
 BEING CONSIDERED PUBLIC WORK PURSUANT TO THIS ARTICLE.
   5. THE FISCAL OFFICER MAY ISSUE RULES AND  REGULATIONS  GOVERNING  THE
 PROVISIONS OF THIS SECTION.  VIOLATIONS OF THIS SECTION SHALL BE GROUNDS
 FOR  DETERMINATIONS  AND ORDERS PURSUANT TO SECTION TWO HUNDRED TWENTY-B
 OF THIS ARTICLE.
   6. EACH OWNER AND  DEVELOPER  SUBJECT  TO  THE  REQUIREMENTS  OF  THIS
 SECTION SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF CERTIFIED MINORITY
 AND  WOMEN-OWNED  BUSINESS  ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF
 THE EXECUTIVE LAW AND  CERTIFIED  SERVICE-DISABLED  VETERAN-OWNED  BUSI-
 NESSES PURSUANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW. THE DEPART-

 S. 2506--C                         67                         A. 3006--C
 
 MENT  IN CONSULTATION WITH THE DIRECTORS OF THE DIVISION OF MINORITY AND
 WOMEN'S BUSINESS DEVELOPMENT AND OF  THE  DIVISION  OF  SERVICE-DISABLED
 VETERANS'  BUSINESS DEVELOPMENT SHALL MAKE TRAINING AND RESOURCES AVAIL-
 ABLE  TO  ASSIST  MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES  AND
 SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES ON COVERED RENEWABLE
 ENERGY SYSTEMS TO ACHIEVE AND MAINTAIN COMPLIANCE WITH  PREVAILING  WAGE
 REQUIREMENTS.  THE  DEPARTMENT  SHALL  MAKE  SUCH TRAINING AND RESOURCES
 AVAILABLE ONLINE AND SHALL  AFFORD  MINORITY  AND  WOMEN-OWNED  BUSINESS
 ENTERPRISES  AND  SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES AN
 OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING.
   7. A. THE FISCAL OFFICER SHALL REPORT TO THE GOVERNOR,  THE  TEMPORARY
 PRESIDENT  OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY JULY FIRST,
 TWO THOUSAND TWENTY-TWO, AND ANNUALLY THEREAFTER, ON  THE  PARTICIPATION
 OF  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN RELATION TO COVERED
 RENEWABLE ENERGY SYSTEMS SUBJECT TO THE PROVISIONS OF  THIS  SECTION  AS
 WELL  AS  THE  DIVERSITY  PRACTICES  OF  CONTRACTORS  AND SUBCONTRACTORS
 EMPLOYING LABORERS, WORKERS, AND MECHANICS ON SUCH PROJECTS.
   B. SUCH REPORTS SHALL INCLUDE AGGREGATED DATA ON THE  UTILIZATION  AND
 PARTICIPATION  OF  MINORITY  AND  WOMEN-OWNED  BUSINESS ENTERPRISES, THE
 EMPLOYMENT OF MINORITIES AND WOMEN IN CONSTRUCTION-RELATED JOBS ON  SUCH
 PROJECTS,  AND  THE COMMITMENT OF CONTRACTORS AND SUBCONTRACTORS ON SUCH
 PROJECTS TO ADOPTING PRACTICES AND POLICIES THAT PROMOTE DIVERSITY WITH-
 IN THE WORKFORCE. THE REPORTS  SHALL  ALSO  EXAMINE  THE  COMPLIANCE  OF
 CONTRACTORS  AND SUBCONTRACTORS WITH OTHER  EQUAL EMPLOYMENT OPPORTUNITY
 REQUIREMENTS AND ANTI-DISCRIMINATION LAWS,  IN  ADDITION  TO  ANY  OTHER
 EMPLOYMENT PRACTICES DEEMED PERTINENT BY THE COMMISSIONER.
   C.  THE  FISCAL OFFICER MAY REQUIRE ANY OWNER OR DEVELOPER TO DISCLOSE
 INFORMATION ON THE PARTICIPATION OF MINORITY  AND  WOMEN-OWNED  BUSINESS
 ENTERPRISES  AND  THE DIVERSITY PRACTICES OF CONTRACTORS AND SUBCONTRAC-
 TORS INVOLVED IN THE PERFORMANCE OF ANY COVERED RENEWABLE ENERGY SYSTEM.
 IT SHALL BE THE DUTY OF THE FISCAL OFFICER TO CONSULT AND TO SHARE  SUCH
 INFORMATION IN ORDER TO EFFECTUATE THE REQUIREMENTS OF THIS SECTION.
   §  2-a. The public service law is amended by adding a new section 66-r
 to read as follows:
   § 66-R. REQUIREMENTS FOR CERTAIN RENEWABLE ENERGY SYSTEMS. 1. FOR  THE
 PURPOSES OF THIS  SECTION,  A  "COVERED  RENEWABLE  ENERGY SYSTEM" MEANS
 A   RENEWABLE  ENERGY  SYSTEM,  AS  SUCH  TERM  IS  DEFINED  IN  SECTION
 SIXTY-SIX-P OF THIS ARTICLE, WITH A CAPACITY OF GREATER THAN FIVE  MEGA-
 WATTS  ALTERNATING CURRENT AND WHICH INVOLVES THE PROCUREMENT OF RENEWA-
 BLE ENERGY CREDITS BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF
 AND FOR THE BENEFIT OF A PUBLIC ENTITY.
   2. FOR  PURPOSES  OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE,  BUT
 SHALL  NOT BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT  CORPORATION AS
 DEFINED  IN  SUBDIVISION  EIGHT  OF  SECTION EIGHTEEN HUNDRED ONE OF THE
 PUBLIC AUTHORITIES  LAW  OR  SECTION  FOURTEEN  HUNDRED  ELEVEN  OF  THE
 NOT-FOR-PROFIT  CORPORATION  LAW,  A MUNICIPAL CORPORATION AS DEFINED IN
 SECTION   ONE  HUNDRED  NINETEEN-N  OF  THE  GENERAL  MUNICIPAL  LAW, AN
 INDUSTRIAL  DEVELOPMENT  AGENCY FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF
 THE GENERAL MUNICIPAL LAW OR INDUSTRIAL DEVELOPMENT  AUTHORITIES  FORMED
 PURSUANT  TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE,
 LOCAL  OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED  IN SECTION
 TWO  OF  THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED
 BY ANY SUCH ENTITIES.
   3. THE COMMISSION SHALL REQUIRE THAT THE OWNER OF THE COVERED  RENEWA-
 BLE  ENERGY SYSTEM, OR A THIRD PARTY ACTING ON THE OWNER'S BEHALF, AS AN
 ONGOING CONDITION OF ANY  RENEWABLE  ENERGY  CREDITS  AGREEMENT  WITH  A

 S. 2506--C                         68                         A. 3006--C

 PUBLIC  ENTITY, SHALL STIPULATE TO THE FISCAL OFFICER THAT IT WILL ENTER
 INTO A LABOR PEACE AGREEMENT WITH AT LEAST ONE BONA FIDE LABOR ORGANIZA-
 TION EITHER WHERE SUCH BONA FIDE LABOR ORGANIZATION IS ACTIVELY  REPRES-
 ENTING EMPLOYEES PROVIDING NECESSARY OPERATIONS AND MAINTENANCE SERVICES
 FOR  THE  RENEWABLE  ENERGY SYSTEM AT THE TIME OF SUCH AGREEMENT OR UPON
 NOTICE BY A BONA FIDE LABOR ORGANIZATION THAT IS ATTEMPTING TO REPRESENT
 EMPLOYEES WHO WILL PROVIDE NECESSARY OPERATIONS AND MAINTENANCE SERVICES
 FOR THE RENEWABLE ENERGY SYSTEM EMPLOYED IN THE STATE.  THE  MAINTENANCE
 OF  SUCH  A LABOR PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION
 OF ANY CONTINUATION OF PAYMENTS UNDER A RENEWABLE ENERGY CREDITS  AGREE-
 MENT.  FOR  PURPOSES  OF  THIS  SECTION "LABOR PEACE AGREEMENT" MEANS AN
 AGREEMENT BETWEEN AN ENTITY AND LABOR ORGANIZATION THAT, AT  A  MINIMUM,
 PROTECTS  THE  STATE'S PROPRIETARY INTERESTS BY PROHIBITING LABOR ORGAN-
 IZATIONS  AND  MEMBERS  FROM  ENGAGING  IN  PICKETING,  WORK  STOPPAGES,
 BOYCOTTS,  AND ANY OTHER ECONOMIC INTERFERENCE WITH THE RELEVANT RENEWA-
 BLE ENERGY SYSTEM. "RENEWABLE ENERGY CREDITS AGREEMENT" SHALL  MEAN  ANY
 PUBLIC  ENTITY  CONTRACT  THAT  PROVIDES  PRODUCTION-BASED PAYMENTS TO A
 RENEWABLE ENERGY PROJECT AS DEFINED IN THIS SECTION.
   4.(A) ANY PUBLIC ENTITY, IN EACH  CONTRACT  FOR  CONSTRUCTION,  RECON-
 STRUCTION,  ALTERATION,  REPAIR, IMPROVEMENT OR MAINTENANCE OF A COVERED
 RENEWABLE ENERGY SYSTEM WHICH INVOLVES THE PROCUREMENT  OF  A  RENEWABLE
 ENERGY  CREDITS AGREEMENT BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON
 BEHALF AND FOR THE BENEFIT OF A PUBLIC ENTITY, THE "PUBLIC WORK" FOR THE
 PURPOSES OF THIS SUBDIVISION, SHALL  ENSURE  THAT  SUCH  CONTRACT  SHALL
 CONTAIN  A PROVISION THAT THE IRON AND STRUCTURAL STEEL USED OR SUPPLIED
 IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO  AND  THAT
 IS  PERMANENTLY  INCORPORATED INTO THE PUBLIC WORK, SHALL BE PRODUCED OR
 MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS  TERRITORIES
 OR  POSSESSIONS.  IN  THE  CASE  OF  A  STRUCTURAL  IRON  OR  STRUCTURAL
 STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED    STATES,
 FROM   THE   INITIAL MELTING  STAGE THROUGH THE APPLICATION OF COATINGS,
 EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF  STEEL  ADDI-
 TIVES.  FOR  THE   PURPOSES OF   THIS SUBDIVISION, "PERMANENTLY INCORPO-
 RATED" SHALL MEAN AN IRON OR STEEL PRODUCT THAT IS REQUIRED TO REMAIN IN
 PLACE AT THE END  OF  THE PROJECT CONTRACT,   IN   A    FIXED  LOCATION,
 AFFIXED  TO THE PUBLIC WORK TO WHICH IT WAS INCORPORATED. IRON AND STEEL
 PRODUCTS  THAT  ARE  CAPABLE OF  BEING MOVED FROM ONE LOCATION TO ANOTH-
 ER ARE NOT PERMANENTLY INCORPORATED INTO A PUBLIC WORK.
   (B) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
 APPLY  IF  THE  HEAD OF THE DEPARTMENT OR AGENCY CONSTRUCTING THE PUBLIC
 WORKS, IN HIS OR HER SOLE DISCRETION,  DETERMINES  THAT  THE  PROVISIONS
 WOULD NOT BE IN THE PUBLIC INTEREST, WOULD RESULT IN UNREASONABLE COSTS,
 OR THAT OBTAINING SUCH STEEL OR IRON IN THE UNITED STATES WOULD INCREASE
 THE  COST  OF  THE  CONTRACT  BY AN UNREASONABLE AMOUNT, OR SUCH IRON OR
 STEEL, INCLUDING WITHOUT LIMITATION STRUCTURAL IRON AND STRUCTURAL STEEL
 CANNOT BE PRODUCED OR MADE  IN  THE  UNITED  STATES  IN  SUFFICIENT  AND
 REASONABLY AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY. THE HEAD OF
 THE  DEPARTMENT  OR  AGENCY  CONSTRUCTING THE PUBLIC WORKS SHALL INCLUDE
 THIS DETERMINATION IN AN ADVERTISEMENT OR SOLICITATION OF A REQUEST  FOR
 PROPOSAL,  INVITATION FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER
 METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE  FROM
 OFFERORS INTENDING TO RESULT IN A CONTRACT PURSUANT TO THIS SUBDIVISION.
 THE  PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY FOR
 EQUIPMENT PURCHASED BY A COVERED RENEWABLE ENERGY SYSTEM  PRIOR  TO  THE
 EFFECTIVE DATE OF THIS CHAPTER.

 S. 2506--C                         69                         A. 3006--C
 
   (C) THE HEAD OF THE DEPARTMENT OR AGENCY CONSTRUCTING THE PUBLIC WORKS
 MAY,  AT  HIS  OR  HER  SOLE DISCRETION, PROVIDE FOR A SOLICITATION OF A
 REQUEST FOR PROPOSAL, INVITATION FOR BID, OR SOLICITATION  OF  PROPOSAL,
 OR  ANY  OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A
 RESPONSE  FROM  OFFERORS  INTENDING  TO RESULT IN A CONTRACT PURSUANT TO
 THIS PARAGRAPH INVOLVING A COMPETITIVE PROCESS IN WHICH  THE  EVALUATION
 OF  COMPETING  BIDS  GIVES  SIGNIFICANT  CONSIDERATION IN THE EVALUATION
 PROCESS TO THE PROCUREMENT OF EQUIPMENT  AND  SUPPLIES  FROM  BUSINESSES
 LOCATED IN NEW YORK STATE.
   5.  WHENEVER  CHANGES  ARE  PROPOSED TO ANY PUBLIC PROCUREMENT PROCESS
 INVOLVING THE PROGRAM DESCRIBED IN SUBDIVISION TWO OF THIS SECTION,  THE
 COMMISSION  SHALL  MAKE  SIMULTANEOUS  RECOMMENDATIONS  TO THE TEMPORARY
 PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, REGARDING NECESSARY
 CHANGES TO THIS SECTION, IF ANY, IN MEETING THE GOALS  OUTLINED  IN  THE
 LEGISLATIVE FINDINGS AND INTENT OF THE CHAPTER BY WHICH THIS SECTION WAS
 ENACTED.
   § 2-b. Section 66-p of the public service law, as added by chapter 705
 of the laws of 2019, is renumbered section 66-q.
   §  3.  Paragraph b of subdivision 4 of section 224-a of the labor law,
 as added by section 1 of part FFF of chapter 58 of the laws of 2020,  is
 amended to read as follows:
   b.  Construction work performed under a contract with a not-for-profit
 corporation as defined in section one hundred two of the  not-for-profit
 corporation  law,  other than a not-for-profit corporation formed exclu-
 sively for the purpose of  holding  title  to  property  and  collecting
 income  thereof  or  any public entity as defined in this section, where
 the not-for-profit corporation has gross annual revenue and support less
 than five million dollars;
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, or section 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, or section thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 5. This act shall take effect on October 1, 2021 and shall apply  to
 any  covered  renewable energy project awarded a contract from an adver-
 tisement or a solicitation of a request  for  proposal,  invitation  for
 bid,  or  solicitation  of proposal, or any other method provided for by
 law or regulation for soliciting a response from offerors  intending  to
 result  in  a  contract that is issued on or after the effective date of
 this act; provided, however, that section three of this act  shall  take
 effect  on the same date and in the same manner as section 1 of part FFF
 of chapter 58 of the laws of 2020, takes effect.
 
                                  PART BB
 
   Section 1. This Part enacts into law major components  of  legislation
 in  relation  to  establishing  a  COVID-19  emergency rental assistance
 program. Each component is wholly contained within a Subpart  identified
 as  Subparts  A  and B. The effective date for each particular provision
 contained within such Subpart is set forth in the last section  of  such
 Subpart.  Any  provision  in  any  section  contained  within a Subpart,
 including the effective date of the Subpart, which makes reference to  a

 S. 2506--C                         70                         A. 3006--C
 
 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  Subpart  in  which it is found. Section two contains a
 severability clause for all provisions contained in each Subpart of this
 Part. Section three of this act sets forth the general effective date of
 this Part.
 
                                 SUBPART A
 
   Section 1. The COVID-19 emergency rental assistance program of 2021 is
 enacted to read as follows:
           COVID-19 EMERGENCY RENTAL ASSISTANCE PROGRAM OF 2021
 Section 1.  Short title.
         2.  Definitions.
         3.  Authority  to implement emergency rental and utility assist-
               ance.
         4.  Distribution.
         5.  Eligibility.
         6.  Application.
         7.  Documentation.
         8.  Restrictions on eviction.
         9.  Payments.
         10. No repayment and assistance not considered income.
         11. Notice to tenants in eviction proceedings.
         12. Outreach.
         13. Fair housing obligations.
         14. Reports by the commissioner.
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "COVID-19 emergency rental assistance program of 2021".
   §  2.  Definitions.  For the purposes of this act, the following terms
 shall have the following meanings:
   1. "Commissioner" shall mean the commissioner of the state  office  of
 temporary and disability assistance.
   2.  "Federal emergency rental assistance program" shall mean the emer-
 gency rental assistance funding issued pursuant to section  501  of  the
 Consolidated  Appropriations  Act  of  2021,  Pub  L. 116-260 § 501, and
 section 3201 of the American Rescue Plan Act of  2021,  Pub.L.  117-2  §
 3201  as well as any other federal funds made available for the purposes
 defined herein.
   3. "Rent burdened household" shall mean  a  household  for  which  the
 monthly rental obligation is 30% or more of the household's gross month-
 ly income.
   4.  "Income",  unless  otherwise  required by federal law or policies,
 shall mean income from all sources of  each  member  of  the  household,
 including all wages, tips, overtime, salary, recurring gifts, returns on
 investments, social security payments, child support payments, unemploy-
 ment  benefits,  any  benefit, payment or cash grant whose purpose is to
 assist with rental payments, any payments whose purpose  is  to  replace
 lost  income,  and  any other government benefit or cash grant. The term
 shall not include: income from children under 18 years of  age,  employ-
 ment  income from individuals 18 years of age or older who are full-time
 students and are eligible to be claimed as dependents pursuant to inter-
 nal revenue service regulations, foster care  payments,  public  assist-
 ance,  sporadic  gifts,  groceries provided by persons not living in the
 household, supplemental  nutrition  assistance  program  benefits,  home
 energy  assistance program benefits, the earned income tax credit, other

 S. 2506--C                         71                         A. 3006--C
 
 income required to be excluded by law, or designated by the  commission-
 er.
   5.  "Manufactured  home tenant" shall have the same meaning as defined
 by section 233 of the real property law.
   6. "Municipal corporation" shall  mean  a  municipal  corporation,  as
 defined  in  section  2  of the general municipal law, that has received
 federal allocations from the United States treasury for emergency rental
 assistance authorized pursuant to the Consolidated Appropriations Act of
 2021 and the American Rescue Plan Act of 2021,  and  any  other  federal
 funds made available for the purposes defined herein.
   7.  "Occupant" shall have the same meaning as defined in section 235-f
 of the real property law.
   8. "Office" shall mean the state office of  temporary  and  disability
 assistance.
   9.  "Rent" shall mean rent as defined by section 702 of the real prop-
 erty actions and proceedings law.
   10. "Rental arrears" shall mean unpaid rent owed to the landlord  that
 accrued on or after March 13, 2020.
   11.    "Utility  arrears"  shall  mean unpaid payments to providers of
 utility services accrued on or after March  13,  2020,  for  separately-
 stated electricity and gas costs.
   12.    "Small  landlord"  shall  mean any person or entity that owns a
 building of twenty or fewer units.
   § 3. Authority to implement emergency rental and  utility  assistance.
 1.  The  commissioner is hereby authorized and directed to implement, as
 soon as practicable, a program of  rental  and  utility  assistance  for
 those eligible pursuant to section five of this act.
   2.  Such program shall be funded with: (a) emergency rental assistance
 funds received by the state from the Federal Emergency Rental Assistance
 Program and any other federal funds made available for that purpose; and
 (b) any state funds appropriated for such program.
   3. The commissioner shall develop and promulgate a form outlining  the
 obligations of each municipal corporation that chooses to participate in
 the  statewide  program.  Those  municipal  corporations  who  choose to
 participate shall remit such form to the office of temporary  and  disa-
 bility assistance within 10 business days from the date of issuance.  At
 such  time  that  the  municipal  corporation has affirmed their partic-
 ipation, upon receipt of the completed form by the office  of  temporary
 and disability assistance and the director of the budget, and the feder-
 al  department  of  the  treasury, the municipal corporation shall remit
 their allocation of funds to the state in such manner as  determined  by
 the  division of the budget. Provided, after the office has acknowledged
 receipt of the completed form, residents of such municipality  shall  be
 entitled  to benefit from funds made available for this purpose, subject
 to the continued availability of funds.
   4. The commissioner may adopt,  on  an  emergency  basis  pursuant  to
 subdivision  6 of section 220 of the state administrative procedure act,
 any rules necessary to carry out the provisions of this article.
   5. The commissioner may delegate the administration of any portions of
 this program to any state agency,  city,  county,  town,  contractor  or
 non-profit  organization in accordance with the provisions of this arti-
 cle and applicable federal requirements.
   § 4. Distribution.  The commissioner shall work to ensure an equitable
 distribution of funds throughout  the  state,  excluding  administrative
 funds.  For  the  first  30  days  beginning with the first day that the
 office begins accepting applications, the commissioner shall ensure,  to

 S. 2506--C                         72                         A. 3006--C
 
 the  extent  practicable, that the allocation of funds from this program
 for households outside the city of New York is no less than 35% of emer-
 gency rental assistance funds available to the state of New York.  After
 the  30  day  priority period has ended, all applications shall be proc-
 essed on a rolling basis.
   § 5. Eligibility.  The  commissioner  shall  establish  standards  for
 determining eligibility for such program, consistent with the following:
   1.  (a) A household, regardless of immigration status, shall be eligi-
 ble for emergency rental assistance, or both rental assistance and util-
 ity assistance. Such household shall be eligible if it:
   (i) is a tenant or occupant obligated to pay  rent  in  their  primary
 residence in the state of New York, including both tenants and occupants
 of  dwelling  units and manufactured home tenants, provided however that
 occupants of federal or state funded subsidized public housing  authori-
 ties or other federal or state funded subsidized housing that limits the
 household's  share  of the rent to a set percentage of income shall only
 be eligible to the extent that funds are  remaining  after  serving  all
 other eligible populations;
   (ii)  includes  an  individual  who  has qualified for unemployment or
 experienced a reduction in household income, incurred significant costs,
 or experienced other financial hardship due, directly or indirectly,  to
 the COVID-19 outbreak;
   (iii)  demonstrates  a  risk  of  experiencing homelessness or housing
 instability; and
   (iv) has a household income at or below 80% of the area median income,
 adjusted for household size.
   (b) Nothing in this subdivision shall preclude a recipient  of  public
 assistance  from  being eligible for emergency rental or utility assist-
 ance under this program.
   2. For the purposes of this program, income may be considered:
   (a) the household's total income for calendar year 2020; or
   (b) the household's monthly income at the time of application for such
 assistance.
   3. The commissioner shall establish priority  in  processing  applica-
 tions  and allocating funds under this program. Such priority shall at a
 minimum prioritize households whose income does not exceed  50%  of  the
 area  median  income adjusted for household size and households who have
 one or more individuals who are unemployed as of the date of the  appli-
 cation for assistance and have not been employed for the 90 days preced-
 ing such date.
   4.  The  commissioner shall also grant priority for those who meet any
 of the following criteria:
   (a) households who are tenants of mobile homes or  mobile  home  parks
 whose  arrears  have  accrued  for  the land on which the mobile home is
 located;
   (b) households who include one or more individuals from  a  vulnerable
 population, including, but not limited to, victims of domestic violence,
 survivors of human trafficking, or veterans;
   (c) households who have eviction cases that are pending;
   (d)  households  who  are residing in communities that were dispropor-
 tionately impacted by the COVID-19  pandemic  in  a  methodology  to  be
 determined by the commissioner;
   (e)  households  who  reside in a building or development of twenty or
 fewer units owned by a small landlord as defined in section one of  this
 act; and

 S. 2506--C                         73                         A. 3006--C
 
   (f) provided further that any priority granted pursuant to this subdi-
 vision  shall not supersede the priority granted pursuant to subdivision
 three of this section.
   5.  Pursuant  to  subdivisions  three  and  four  of this section, the
 commissioner shall prioritize applications received by the date and time
 of application for 30 days beginning the first day  the  office  accepts
 rental assistance applications in the following sequence:
   (a)  households  with  income  that does not exceed 50% of area median
 income for the household and have a member in one of the priority groups
 in subdivision 4 of this section;
   (b) households with income that does not exceed  50%  of  area  median
 income for the household and does not have a member in one of the prior-
 ity groups in subdivision 4 of this section;
   (c)  households  with  income  that does not exceed 80% of area median
 income for the household and have a member in one of the priority groups
 in subdivision 4 of this section; and
   (d) households with income that does not exceed  80%  of  area  median
 income for the household and does not have a member in one of the prior-
 ity groups in subdivision 4 of this section.
   6.  After the 30 day priority period has ended, all applications shall
 be processed on a rolling basis.
   7. To the extent feasible, no rental assistance provided  pursuant  to
 this  act  shall be duplicative of assistance for rent or rental arrears
 previously received or currently being received by the household.
   8. An individual full-time college student or a  household  consisting
 exclusively of full-time college students is ineligible for this program
 unless  each  individual  in  the  household  shall  not be claimed as a
 dependent by their parents  or  legal  guardians  pursuant  to  internal
 revenue service regulations in the most recent tax year.
   9.  (a)  Those households who have been determined eligible for rental
 and utility arrears assistance through the emergency  rental  assistance
 program  and  who  have not received a corresponding benefit through the
 home energy assistance program are eligible for utility  arrears  relief
 in  accordance  with  procedures established by the state public service
 commission in consultation with the office of temporary  and  disability
 assistance.    Notwithstanding  any  provision  of  law to the contrary,
 employees, agents, contractors and officers of the office  of  temporary
 and  disability  assistance and employees and officers of the department
 of public service shall  be  allowed  and  are  directed  to  share  and
 exchange  information  regarding  utility arrears assistance pursuant to
 this section, including information regarding  households  seeking  such
 assistance  and the information used by the department of public service
 to determine the amount of utility arrears that has been waived.
   (b) Any documentation or information provided  to  the  department  of
 public  service  employees,  its  agents,  contractors and officers   in
 accordance with this subdivision shall be upon the consent of the appli-
 cant.
   § 6. Application. 1. As soon as practicable,  the  commissioner  shall
 make an application for the program available on the office of temporary
 and  disability assistance's website. The application shall be available
 online in English, Spanish, Chinese, Russian, Korean,  Yiddish,  Haitian
 (French Creole), Bengali, and, to the extent practicable, other commonly
 used  languages. The commissioner shall enable application assistance to
 be offered via telephone and make accommodations for those who are hear-
 ing or visually impaired, with referral to a community  based  organiza-
 tion as deemed necessary.

 S. 2506--C                         74                         A. 3006--C
 
   2. Each municipal corporation shall designate not-for-profit organiza-
 tions or local government staff that shall assist households in applying
 for  assistance. Such organizations and staff shall be permitted to file
 applications on behalf of such households.
   3. Any party, or their designee, that may be eligible to receive funds
 under  this program may initiate an application. Regardless of whether a
 landlord, owner, tenant or occupant initiates an application, such land-
 lord or owner shall be required to:
   (a) use any payments received  pursuant  to  this  article  solely  to
 satisfy  the  tenant's  full rental obligations to the landlord or owner
 for the time period covered by the payment;
   (b) provide the office of temporary  and  disability  assistance  with
 necessary information and documentation to facilitate payments; and
   (c)  keep  confidential any information or documentation from or about
 the tenant or occupant acquired pursuant to this application process.
   4. (a) Documentation of immigration status shall not be  requested  as
 part of the emergency rental assistance program.
   (b)  Any documentation or information provided to the statewide appli-
 cation, eligibility worker, hotline or community based organization,  or
 obtained  in the course of administering the emergency rental assistance
 program or any other assistance program shall be kept  confidential  and
 shall  only  be  used  for  the purposes of determining eligibility, for
 program administration, avoiding duplication of  assistance,  and  other
 uses consistent with State and federal law.
   (c) Any portion of any record retained by the commissioner in relation
 to an application pursuant to this chapter that contains the photo image
 or  identifies  the  social  security number, telephone number, place of
 birth, country of origin, place of  employment,  school  or  educational
 institution  attended, source of income, status as a recipient of public
 benefits, the customer identification number associated  with  a  public
 utilities  account, medical information or disability information of the
 holder of, or applicant for, is not a public record  and  shall  not  be
 disclosed  in  response  to  any  request for records except: (i) to the
 person who is the subject of such records; or (ii)  where  necessary  to
 comply with State and federal law.
   5.  Upon  receipt of an application and to the extent practicable, the
 commissioner shall make  available  a  means  by  which  an  application
 submitted  by  a  tenant,  a landlord, or both jointly can be tracked by
 either the tenant or the landlord,  regardless  of  who  submitted  such
 application.
   6. Self-attestation shall be considered to be acceptable documentation
 to the extent permissible by federal law and relevant guidance; provided
 further  that  attestation of a person with knowledge of the household's
 circumstances shall be considered to be acceptable documentation to  the
 extent permissible by federal law and relevant guidance.
   §  7.  Documentation. The commissioner shall establish procedures that
 are appropriate and necessary to assure that  information  necessary  to
 determine  eligibility  provided by households applying for or receiving
 assistance under this article is complete  and  accurate.  Additionally,
 the  commissioner  shall establish procedures to ensure flexibility when
 determining acceptable documentation.
   § 8. Restrictions on eviction. Eviction proceedings for a holdover  or
 expired  lease, or non-payment of rent or utilities that would be eligi-
 ble for coverage under this program shall not  be  commenced  against  a
 household  who  has  applied for this program unless or until a determi-
 nation of ineligibility  is  made.  If  such  eviction  proceedings  are

 S. 2506--C                         75                         A. 3006--C
 
 commenced  against  a  household  who  subsequently applies for benefits
 under this program, all proceedings shall be stayed pending  a  determi-
 nation  of  eligibility. Evidence of a payment received pursuant to this
 act  may  be  presented in such proceeding and create a presumption that
 the tenant's or occupant's rent or utility obligation for the time peri-
 od covered by the payment has been fully satisfied.
   § 9. Payments. 1. Payments shall be made for rental payments or rental
 and utility arrears accrued on or after March 13, 2020. No more than  12
 months  of  rental and/or utility assistance for arrears and 3 months of
 prospective rental assistance may be paid  on  behalf  of  any  eligible
 household. Provided, however that only rent burdened households shall be
 eligible to receive prospective rent payments.
   2. (a) The rental assistance shall be paid directly to the landlord of
 the  dwelling  unit  or manufactured home park occupied by the household
 for the total amount of qualified rental arrears and prospective  rental
 assistance  pursuant to subdivision one of this section. Utility assist-
 ance shall be paid directly to the utility provider.
   (b) Prior to making an eligibility determination, the commissioner  or
 the commissioner's designee shall undertake reasonable efforts to obtain
 the  cooperation  of  landlords and utility providers to accept payments
 from this program. Such outreach may be considered complete  if:  (i)  a
 request  for  participation  has  been  sent in writing, by mail, to the
 landlord or utility provider and the addressee has not responded to  the
 request  within  14  calendar  days  after  mailing;  or (ii) at least 3
 attempts by phone, text, or e-mail have been made over a 10 calendar day
 period to request the landlord's or utility provider's participation; or
 (iii) a landlord or utility provider confirms in writing that the  land-
 lord  or  utility  provider  does  not wish to participate. The outreach
 attempts or notices to the landlord or utility provider shall  be  docu-
 mented and shall be made available to the tenant.
   (c)  If a payment cannot be made directly to a landlord or owner after
 the outreach efforts described in paragraph  (b)  of  this  subdivision,
 funds  in  the  amount  approved  for  rental assistance to an otherwise
 eligible applicant shall be available for a period of 180  days;  exten-
 sion  may  be  provided  upon  determination by the commissioner of good
 cause. When possible, both landlord or owner and tenant shall  be  noti-
 fied of the provisional determination of eligibility and the landlord or
 owner  shall have a final opportunity to participate. If the landlord or
 owner does not provide necessary information or documentation to  effec-
 tuate  payment as directed before 180 days, the commissioner may reallo-
 cate the set aside funds to serve other rental assistance program appli-
 cants.  The  tenant  may  use  such  provisional  determination  as   an
 affirmative  defense  in  any  proceeding seeking a monetary judgment or
 eviction brought by a landlord  for  the  non-payment  of  rent  accrued
 during  the  same  time  period covered by the provisional payment for a
 period of twelve months from the determination of provisional  eligibil-
 ity.  If  the  landlord has not accepted such provisional payment within
 twelve months of the determination the landlord shall be deemed to  have
 waived the amount of rent covered by such provisional payment, and shall
 be  prevented  from  initiating  a  monetary  action  or  proceeding, or
 collecting a judgment premised on the nonpayment of the amount  of  rent
 covered by such provisional payment.
   (d) Acceptance of payment for rent or rental arrears from this program
 shall  constitute agreement by the recipient landlord or property owner:
 (i) that the arrears covered by this payment are satisfied and will  not
 be  used as the basis for a non-payment eviction; (ii) to waive any late

 S. 2506--C                         76                         A. 3006--C

 fees due on any rental arrears paid pursuant to this program;  (iii)  to
 not  increase  the  monthly  rent due for the dwelling unit such that it
 shall not be greater than the amount that was due at the time of  appli-
 cation to the program for any and all months for which rental assistance
 is  received  and for one year after the first rental assistance payment
 is received; (iv) not to evict for reason of expired lease  or  holdover
 tenancy  any  household  on behalf of whom rental assistance is received
 for 12 months after the first rental  assistance  payment  is  received,
 unless  the  dwelling  unit  that  is the subject of the lease or rental
 agreement is located in a building that contains 4 or  fewer  units,  in
 which  case  the  landlord may decline to extend the lease or tenancy if
 the landlord intends to immediately occupy the unit for  the  landlord's
 personal  use  as  a primary residence or the use of an immediate family
 member as a primary residence; and (v)  to  notify  the  tenant  of  the
 protections established under this subdivision.
   §  10.  No  repayment  and  assistance not considered income. Eligible
 households shall not be expected or required  to  repay  any  assistance
 granted  through  this program, except in instances of fraud perpetrated
 by such household. Landlords shall not be expected or required to  repay
 any  funds  paid  through  this program except in instances of duplicate
 payments or  fraud  perpetrated  by  the  landlord.  Assistance  granted
 through  this  program  shall  not  be considered income for purposes of
 eligibility for public benefits or other public assistance to the extent
 allowed by law, but  shall  be  considered  a  "source  of  income"  for
 purposes  of  the  protections  against  housing discrimination provided
 under section 296 of the human rights law. There shall be no requirement
 for applicants to seek assistance from other sources, including charita-
 ble contributions, in order to be eligible  for  assistance  under  this
 program.
   §  11.  Notice  to  tenants  in  eviction proceedings. In any eviction
 proceeding pending as of the effective date  of  this  article  and  any
 eviction  proceeding  filed  while  applications  are being accepted for
 assistance pursuant to this  article,  the  court  shall  promptly  make
 available to the respondent information regarding how the respondent may
 apply for such assistance in English, and, to the extent practicable, in
 the respondent's primary language, if other than English.
   §  12. Outreach. The commissioner shall ensure that extensive outreach
 is conducted to increase awareness of this  program  among  tenants  and
 landlords  or  owners.  The  commissioner  shall  require each municipal
 corporation to target for outreach communities where the  median  income
 of  residents is less than 50% of the area median income for the region,
 communities with the highest unemployment rates,  and  communities  that
 experienced  the highest rates of COVID-19 infections during the pandem-
 ic. The commissioner shall, to  the  extent  practicable,  partner  with
 municipal corporations in an effort to provide outreach materials in the
 languages  commonly  spoken  by  residents  of New York state as per the
 American Community Survey from the United States Census Bureau.  Munici-
 pal recipients shall contract  with  community  based  organizations  to
 supplement  the  state's outreach program, providing additional applica-
 tion assistance and outreach activities  specific  to  their  geographic
 location.    Such  community  based  organizations  shall  deliver their
 services in multiple languages and in a culturally competent  manner  to
 vulnerable  and/or  low income populations, including populations prior-
 itized by this program pursuant to section five of this act.
   § 13. Fair housing obligations. Nothing in this act  shall  lessen  or
 abridge  any fair housing obligations promulgated by the federal govern-

 S. 2506--C                         77                         A. 3006--C
 
 ment, state, municipalities, localities, or any other applicable  juris-
 diction.
   §  14.  Reports  by  the commissioner. The office shall be required to
 report and post information on their website, and update  such  informa-
 tion at least monthly beginning 30 days from when the commissioner makes
 an application for the program available. Such information shall include
 but not be limited to:
   (a)  the  number of municipal recipients that choose to participate in
 the statewide program;
   (b) the number of eligible households that received  assistance  under
 this  title,  including  the particular category of assistance which was
 provided;
   (c) the average amount of  funding  provided  per  eligible  household
 receiving assistance; and
   (d) the number of households that applied for assistance.
   § 2. The state finance law is amended by adding a new section 99-mm to
 read as follows:
   §  99-MM. EMERGENCY RENTAL ASSISTANCE MUNICIPAL CORPORATION ALLOCATION
 FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF  THE  STATE
 COMPTROLLER  AND  THE  COMMISSIONER  OF TAXATION AND FINANCE A TRUST AND
 AGENCY FUND KNOWN AS THE "EMERGENCY RENTAL ASSISTANCE  MUNICIPAL  CORPO-
 RATION  ALLOCATION  FUND." MUNICIPAL CORPORATIONS, AS DEFINED IN SECTION
 TWO OF THE GENERAL MUNICIPAL LAW, THAT HAVE  RECEIVED  A  FEDERAL  ALLO-
 CATION  FROM  THE UNITED STATES TREASURY FOR EMERGENCY RENTAL ASSISTANCE
 AUTHORIZED PURSUANT TO SECTION 501 OF  THE  CONSOLIDATED  APPROPRIATIONS
 ACT  OF  2021,  PUB.L.  116-260  §  501 AND SECTION 3201 OF THE AMERICAN
 RESCUE PLAN ACT OF 2021, PUB.L. 117-2 §  3201,  AND  ANY  OTHER  FEDERAL
 FUNDS MADE AVAILABLE FOR THE SAME PURPOSE AND THAT CHOOSE TO PARTICIPATE
 IN  THE STATEWIDE EMERGENCY RENTAL ASSISTANCE PROGRAM PURSUANT TO A PLAN
 APPROVED BY THE OFFICE OF TEMPORARY AND DISABILITY  ASSISTANCE  AND  THE
 DIVISION  OF THE BUDGET, MAY DEPOSIT SUCH ALLOCATIONS INTO THE EMERGENCY
 RENTAL ASSISTANCE MUNICIPAL CORPORATION FUND AS DIRECTED BY THE DIRECTOR
 OF THE BUDGET.
   2. THE MONIES OF THE FUND SHALL BE  PAID,  WITHOUT  APPROPRIATION,  TO
 PROVIDE  AUTHORIZED  BENEFITS  TO  ELIGIBLE HOUSEHOLDS OF THE RESPECTIVE
 MUNICIPAL CORPORATION FROM WHICH MONIES WERE RECEIVED IN ACCORDANCE WITH
 SUBDIVISION ONE OF THIS SECTION.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed September 30, 2025.
 
                                 SUBPART B
 
   Section  1.    The tax law is amended by adding a new section 187-q to
 read as follows:
   § 187-Q. UTILITY COVID-19 DEBT RELIEF CREDIT. 1.  ALLOWANCE OF CREDIT.
 A TAXPAYER DOING BUSINESS IN THIS STATE THAT IS SUBJECT  TO  THE  SUPER-
 VISION  OF  THE  PUBLIC  SERVICE  COMMISSION  SHALL  BE ALLOWED A CREDIT
 AGAINST THE TAXES IMPOSED BY THIS ARTICLE, TO BE COMPUTED AS HEREINAFTER
 PROVIDED, FOR THE AMOUNT OF DEBT THAT THE TAXPAYER HAS WAIVED IN ACCORD-
 ANCE WITH PROCEDURES ESTABLISHED BY THE PUBLIC SERVICE  COMMISSION  THAT
 WAS  OWED  TO  THE  TAXPAYER  BY  CUSTOMERS WHO RECEIVED UTILITY ARREARS
 ASSISTANCE PURSUANT TO THE CHAPTER OF THE LAWS OF TWO  THOUSAND  TWENTY-
 ONE  THAT  ENACTED THIS SECTION. PROVIDED, HOWEVER, THAT IF THE TAXPAYER
 IS SUBJECT TO TAX UNDER BOTH SECTIONS ONE HUNDRED EIGHTY-THREE  AND  ONE
 HUNDRED  EIGHTY-FOUR OF THIS ARTICLE THE AMOUNT OF SUCH CREDIT ALLOWABLE
 AGAINST THE TAX IMPOSED BY SUCH SECTION ONE HUNDRED EIGHTY-FOUR SHALL BE

 S. 2506--C                         78                         A. 3006--C
 
 THE EXCESS OF THE AMOUNT OF SUCH CREDIT OVER THE AMOUNT  OF  ANY  CREDIT
 ALLOWED  BY  THIS SECTION AGAINST THE TAX IMPOSED BY SECTION ONE HUNDRED
 EIGHTY-THREE OF THIS ARTICLE.
   2.  APPLICATION  OF  CREDIT.  IN  NO EVENT SHALL THE CREDIT UNDER THIS
 SECTION BE ALLOWED IN AN AMOUNT THAT WILL REDUCE THE TAX PAYABLE TO LESS
 THAN THE APPLICABLE MINIMUM TAX FIXED BY  SECTION  ONE  HUNDRED  EIGHTY-
 THREE OF THIS ARTICLE. IF, HOWEVER, THE AMOUNT OF CREDIT ALLOWABLE UNDER
 THIS  SECTION  FOR  ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY
 AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS
 AN OVERPAYMENT OF TAX TO BE REFUNDED IN ACCORDANCE WITH  THE  PROVISIONS
 OF  SECTION  ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,
 THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF
 THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   3. CERTIFICATION. NO AMOUNT OF WAIVED CUSTOMER DEBT MAY BE  THE  BASIS
 FOR  THE  CREDIT  HEREIN  UNLESS  SUCH AMOUNT IS CERTIFIED BY THE PUBLIC
 SERVICE COMMISSION AS PROVIDED HEREIN. AFTER CONSULTING WITH THE COMMIS-
 SIONER, THE PUBLIC SERVICE COMMISSION  SHALL  ESTABLISH  PROCEDURES  FOR
 DETERMINING  THE  AMOUNT  OF  WAIVED CUSTOMER DEBT THAT MAY BE USED AS A
 BASIS FOR THE TAX CREDIT ALLOWED BY THIS SECTION. SUCH PROCEDURES  SHALL
 INCLUDE  PROVISIONS  DESCRIBING THE APPLICATION PROCESS, APPLICATION DUE
 DATES, THE DOCUMENTATION THAT WILL BE PROVIDED BY TAXPAYERS TO  SUBSTAN-
 TIATE THE AMOUNT OF CUSTOMER DEBT THAT WAS WAIVED BY SUCH TAXPAYERS, THE
 PROCESS  BY  WHICH  THE  PUBLIC  SERVICE  COMMISSION  SHALL CERTIFY TO A
 TAXPAYER AND TO THE COMMISSIONER THE AMOUNT OF WAIVED CUSTOMER DEBT THAT
 QUALIFIES FOR THE CREDIT, AND SUCH OTHER PROVISIONS AS DEEMED  NECESSARY
 AND APPROPRIATE.
   4.  TIMING  OF  CREDIT.    THE CREDIT ALLOWED BY THIS SECTION SHALL BE
 CLAIMED IN THE TAXABLE YEAR  IN  WHICH  THE  PUBLIC  SERVICE  COMMISSION
 CERTIFIES THE AMOUNT OF CUSTOMER DEBT WAIVED BY THE TAXPAYER THAT QUALI-
 FIES FOR THE CREDIT ALLOWED BY THIS SECTION.
   5.  CREDIT  RECAPTURE. IF THE CERTIFICATION MADE BY THE PUBLIC SERVICE
 COMMISSION UNDER SUBDIVISION THREE OF THIS SECTION  IS  REVOKED  BY  THE
 PUBLIC  SERVICE  COMMISSION,  THE  AMOUNT  OF  CREDIT  DESCRIBED IN THIS
 SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO THAT  REVOCATION  SHALL  BE
 ADDED  BACK  TO  THE  TAX  IN  THE TAXABLE YEAR IN WHICH SUCH REVOCATION
 BECOMES FINAL.
   6. INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER,
 EMPLOYEES AND OFFICERS OF THE PUBLIC SERVICE COMMISSION AND THE  DEPART-
 MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE INFORMATION
 REGARDING THE CREDITS ALLOWED, OR CLAIMED, PURSUANT TO THIS SECTION, AND
 THE  TAXPAYERS WHO ARE APPLYING FOR CREDITS OR WHO ARE CLAIMING CREDITS,
 INCLUDING INFORMATION CONTAINED IN OR DERIVED FROM  CREDIT  CLAIM  FORMS
 SUBMITTED TO THE DEPARTMENT, AND THE INFORMATION OF THE TAXPAYER USED BY
 THE  DEPARTMENT  OF  PUBLIC  SERVICE  TO  DETERMINE THE AMOUNT OF WAIVED
 CUSTOMER DEBT.
   § 2. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1, 2021.
   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or  subpart contained in any 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, subdi-
 vision, section or  subpart  contained  in  any  part  thereof  directly
 involved  in  the  controversy  in  which  such judgment shall have been
 rendered. It is hereby declared to be the intent of the legislature that

 S. 2506--C                         79                         A. 3006--C
 
 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 Subparts A and B of this act  shall  be
 as specifically set forth in the last section of such Subparts.
 
                                  PART CC
 
   Section  1. Subdivisions 3 and 4 of section 581-a of the labor law, as
 amended by chapter 21 of the laws  of  2021,  are  amended  to  read  as
 follows:
   3.  Notwithstanding  the provisions of section five hundred eighty-one
 of this title to the contrary, AND FOR THE PURPOSE OF RESPONDING TO  THE
 COVID-19  PANDEMIC,  any employer whose employees receive payments under
 this article [and whose claims for unemployment insurance arise  due  to
 the  closure  of  the  employer  or  a reduction in the workforce of the
 employer for reasons related to the  COVID-19  pandemic,  or  due  to  a
 mandatory  order  of  a  government entity duly authorized to issue such
 order to close such employer due to the COVID-19  pandemic,]  FOR  UNEM-
 PLOYMENT  CLAIMS  MADE  on  or after March [twelfth] NINTH, two thousand
 twenty AND THROUGH THE DURATION OF THE STATE DISASTER EMERGENCY DECLARED
 BY EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOUSAND TWENTY AND ANY
 FURTHER AMENDMENTS OR MODIFICATIONS THERETO,  OR  DECEMBER  THIRTY-FIRST
 TWO  THOUSAND TWENTY-ONE, WHICHEVER IS LATER, shall not have included in
 their experience rating charges the amounts so  paid  to  the  employees
 from  the  fund. SUCH CHARGES, IF NOT REIMBURSED, IN WHOLE OR IN PART BY
 THE FEDERAL GOVERNMENT, SHALL BE MADE TO THE  GENERAL  ACCOUNT  FOR  THE
 FUND CREATED BY SECTION FIVE HUNDRED FIFTY OF THIS ARTICLE.
   4.  The  provisions  of this section shall apply to an employer liable
 for CONTRIBUTIONS OR payments in  lieu  of  contributions,  but  if  the
 secretary  of labor of the United States finds that their application to
 such employer does not meet the requirements of the Federal Unemployment
 Tax Act, such provisions shall  be  inoperative  with  respect  to  such
 employer, unless and until such finding has been set aside pursuant to a
 final   decision   issued   in  accordance  with  such  judicial  review
 proceedings as may be instituted and completed under the  provisions  of
 section thirty-three hundred ten of the Federal Unemployment Tax Act.
   §   2. Section 2 of chapter 21 of the laws of 2021, amending the labor
 law relating to prohibiting the inclusion  of  claims  for  unemployment
 insurance  arising  from the closure of an employer due to COVID-19 from
 being included in such employer's experience rating charges, is  amended
 to read as follows:
   § 2. This act shall take effect immediately [and shall expire December
 31, 2021, when upon such date the provisions of this act shall be deemed
 repealed].
   § 3. This act shall take effect immediately.
 
                                  PART DD
 
   Section  1.  Clause (A) of subparagraph (i) of paragraph a of subdivi-
 sion 3 of section 667 of the education law, as amended by section  1  of
 part B of chapter 60 of the laws of 2000, item 1 as amended by section 1
 and  item  2 as amended by section 2 of part H and subitem (d) of item 1
 as added by section 1 of part E of chapter 58 of the laws of  2011,  the
 opening paragraph of item 1 as amended by section 2 of part X of chapter
 56  of  the laws of 2014, subitem (a) of item 1 as amended by section 2,

 S. 2506--C                         80                         A. 3006--C

 subitem (b) of item 1 as amended by section 3 and subitem (c) of item  1
 as  amended by section 1 of part U of chapter 56 of the laws of 2014, is
 amended to read as follows:
   (A) (1) In the case of students who have not been granted an exclusion
 of  parental  income,  who have qualified as an orphan, foster child, or
 ward of the court for the purposes  of  federal  student  financial  aid
 programs  authorized by Title IV of the Higher Education Act of 1965, as
 amended, or had a dependent for income tax purposes during the tax  year
 next  preceding  the academic year for which application is made, except
 for those students who have been granted exclusion  of  parental  income
 who have a spouse but no other dependent:
   (a)  [For  students first receiving aid after nineteen hundred ninety-
 three--nineteen hundred ninety-four and before two  thousand--two  thou-
 sand one, four thousand two hundred ninety dollars; or
   (b) For students first receiving aid in nineteen hundred ninety-three-
 -nineteen  hundred  ninety-four or earlier, three thousand seven hundred
 forty dollars; or
   (c) For students first receiving aid in two thousand--two thousand one
 and thereafter, five] FIVE thousand  dollars,  except  starting  in  two
 thousand  fourteen-two  thousand  fifteen [and thereafter] such students
 shall receive five thousand one hundred sixty-five dollars,  AND  EXCEPT
 STARTING  IN TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO AND THERE-
 AFTER SUCH STUDENTS SHALL RECEIVE FIVE THOUSAND SIX  HUNDRED  SIXTY-FIVE
 DOLLARS,  PROVIDED  HOWEVER  THAT  NOTHING  HEREIN SHALL BE CONSTRUED AS
 INCREASING ANY AWARD MADE PURSUANT TO THIS SECTION FOR AN ACADEMIC  YEAR
 PRIOR TO TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO; or
   [(d)] (B) For undergraduate students enrolled in a program of study at
 a  non-public  degree-granting institution that does not offer a program
 of study that leads to a baccalaureate degree, or at a  registered  not-
 for-profit  business  school  qualified  for tax exemption under section
 501(c)(3) of the internal revenue code for federal income  tax  purposes
 that  does  not  offer  a program of study that leads to a baccalaureate
 degree, four thousand dollars, EXCEPT STARTING IN TWO  THOUSAND  TWENTY-
 ONE--TWO  THOUSAND TWENTY-TWO AND THEREAFTER SUCH STUDENTS SHALL RECEIVE
 FOUR THOUSAND FIVE HUNDRED DOLLARS. Provided, however, that this subitem
 shall not apply to students enrolled in a program of study leading to  a
 certificate or degree in nursing.
   (2)  In the case of students receiving awards pursuant to subparagraph
 (iii) of this paragraph and those students who have been granted  exclu-
 sion of parental income who have a spouse but no other dependent[.
   (a)  For  students first receiving aid in nineteen hundred ninety-four
 --nineteen hundred ninety-five and nineteen  hundred  ninety-five--nine-
 teen  hundred  ninety-six  and  thereafter,  three  thousand twenty-five
 dollars, or
   (b) For students first receiving aid in nineteen hundred  ninety-two--
 nineteen  hundred  ninety-three and nineteen hundred ninety-three--nine-
 teen  hundred  ninety-four,  two  thousand  five  hundred   seventy-five
 dollars, or
   (c)  For students first receiving aid in nineteen hundred ninety-one--
 nineteen hundred ninety-two or earlier, two thousand four hundred  fifty
 dollars]  BEGINNING IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-
 TWO ACADEMIC YEAR AND THEREAFTER, THREE THOUSAND  FIVE  HUNDRED  TWENTY-
 FIVE  DOLLARS,  PROVIDED  THAT  NOTHING  HEREIN  SHALL  BE  CONSTRUED AS
 INCREASING ANY AWARD MADE FOR ANY PRIOR ACADEMIC YEAR; or
   § 2. Subparagraphs (i) and (ii) of paragraph b  of  subdivision  3  of
 section  667 of the education law, as amended by chapter 309 of the laws

 S. 2506--C                         81                         A. 3006--C

 of 1996, clause (B) of subparagraph (i) as amended by section 2 of  part
 B of chapter 60 of the laws of 2000, are amended to read as follows:
   (i)  For  each year of study, assistance shall be provided as computed
 on the basis of the amount which is the lesser of the following:
   (A) (1) [eight]  ONE THOUSAND THREE hundred dollars, or
   (2) for students receiving awards pursuant to  subparagraph  (iii)  of
 this paragraph, [six] ONE THOUSAND ONE hundred forty dollars; or
   (B)  (1)  Ninety-five  percent  of the amount of tuition (exclusive of
 educational fees) charged.
   (2) For the two thousand one--two thousand two academic year and ther-
 eafter one hundred percent of the amount of tuition (exclusive of educa-
 tional fees).
   (ii) Except for students as noted in subparagraph (iii) of this  para-
 graph,  the  base amount as determined in subparagraph (i) of this para-
 graph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount
 
 (A) Less than seven thousand        None
     dollars
 (B) Seven thousand dollars or       Seven per centum of the excess
     more, but less than eleven       over seven thousand dollars
     thousand dollars
 
   [(C) For students first receiving aid:
   (1) for the first time in academic years nineteen hundred eighty-nine-
 -nineteen hundred ninety, nineteen hundred ninety-two--nineteen  hundred
 ninety-three  and  nineteen hundred ninety-three--nineteen hundred nine-
 ty-four:

 Amount of income                    Schedule of reduction of
                                     base amount

 Eleven thousand dollars or          Two hundred eighty dollars plus
 more but not more than forty-       ten per centum of the excess
 two thousand five hundred           over eleven thousand dollars
 dollars

   (2) for the first time in academic  years  nineteen  hundred  ninety--
 nineteen   hundred  ninety-one,  nineteen  hundred  ninety-one--nineteen
 hundred ninety-two, nineteen hundred ninety-four--nineteen hundred nine-
 ty-five and thereafter:

 Amount of income                    Schedule of reduction of
                                     base amount

 Eleven thousand dollars or          Two hundred eighty dollars plus
 more but not more than fifty        ten per centum of the excess
 thousand five hundred               over eleven thousand dollars
 dollars

   (3) for the first time in academic years prior to academic year  nine-
 teen hundred eighty-nine--nineteen hundred ninety:

 Amount of income                    Schedule of reduction of

 S. 2506--C                         82                         A. 3006--C

                                     base amount

 Eleven thousand dollars or          Two hundred eighty dollars plus
 more but not more than thirty-      ten per centum of the excess over
 four thousand two hundred fifty     eleven thousand dollars
 dollars]

   §  3.  Section  689-a of the education law, as added by chapter 260 of
 the laws of 2011, is amended to read as follows:
   § 689-a. Tuition credits. 1.  The  New  York  state  higher  education
 services  corporation shall calculate a tuition credit for each resident
 undergraduate student who has filed an application with such corporation
 for a tuition assistance program award pursuant to section  six  hundred
 sixty-seven of this article, and is determined to be eligible to receive
 such  award, and is also enrolled in a program of undergraduate study at
 a state operated or senior college of the state university of  New  York
 or the city university of New York where the annual resident undergradu-
 ate tuition rate will exceed [five thousand dollars] THE MAXIMUM TUITION
 ASSISTANCE  PROGRAM  AWARD PURSUANT TO SUBITEM (A) OF ITEM ONE OF CLAUSE
 (A) OF SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE  OF  SECTION
 SIX  HUNDRED  SIXTY-SEVEN OF THIS ARTICLE.  Such tuition credit shall be
 calculated for each semester, quarter or term of study that  tuition  is
 charged  and  tuition  for  the  corresponding semester, quarter or term
 shall not be due for any student eligible to receive such tuition credit
 until such credit is  calculated,  the  student  and  school  where  the
 student  is  enrolled is notified of the tuition credit amount, and such
 tuition credit is applied toward the tuition charged.
   2. Each tuition credit pursuant to this section  shall  be  an  amount
 equal  to the product of the total annual resident undergraduate tuition
 rate minus  [five  thousand  dollars]  THE  MAXIMUM  TUITION  ASSISTANCE
 PROGRAM  AWARD  PURSUANT  TO  SUBITEM  (A)  OF ITEM ONE OF CLAUSE (A) OF
 SUBPARAGRAPH (I) OF PARAGRAPH A OF  SUBDIVISION  THREE  OF  SECTION  SIX
 HUNDRED  SIXTY-SEVEN  OF THIS ARTICLE then multiplied by an amount equal
 to the product of the total annual award for  the  student  pursuant  to
 section  six  hundred  sixty-seven  of this article divided by an amount
 equal to the maximum amount the student qualifies to receive pursuant to
 clause (A) of subparagraph (i) of paragraph a of  subdivision  three  of
 section six hundred sixty-seven of this article.
   § 4. Section 16 of chapter 260 of the laws of 2011 amending the educa-
 tion law and the New York state urban development corporation act relat-
 ing  to  establishing  components  of  the  NY-SUNY 2020 challenge grant
 program,  as  amended by section 5 of part JJJ of chapter 59 of the laws
 of  2017, is amended to read as follows:
   § 16. This act shall take effect July 1, 2011; provided that  sections
 one,  two,  three, four, five, six, eight, nine, ten, eleven, twelve and
 thirteen of this act shall expire [10] 13  years  after  such  effective
 date  when  upon  such  date  the provisions of this act shall be deemed
 repealed; and provided further that sections  fourteen  and  fifteen  of
 this  act  shall expire 5 years after such effective date when upon such
 date the provisions of this act shall be deemed repealed.
   § 5. This act shall take effect July 1, 2021; provided, however,  that
 the  amendments  to  section  689-a of the education law made by section
 three of this act shall not affect the repeal of such section and  shall
 be deemed to expire therewith.
 
                                  PART EE

 S. 2506--C                         83                         A. 3006--C
 
   Section  1.  Section  398-a  of  the social services law is amended by
 adding a new subdivision 6 to read as follows:
   (6) (A) ANY FEDERAL PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS FUND-
 ING  OR OTHER EXTRAORDINARY FEDERAL FUNDING, AS DETERMINED BY THE OFFICE
 OF CHILDREN AND FAMILY SERVICES, RECEIVED BY  AN  AUTHORIZED  AGENCY  AS
 DEFINED  IN SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS
 ARTICLE, TO THE EXTENT CONSISTENT WITH FEDERAL LAW, SHALL BE DISREGARDED
 WHEN CALCULATING THE   MAXIMUM STATE  AID  RATE  WHEN  SUCH  FUNDING  IS
 UTILIZED  FOR  ALLOWABLE  COSTS OR EXPENSES INCURRED DUE TO THE STATE OF
 EMERGENCY THAT WAS DECLARED IN EXECUTIVE ORDER TWO HUNDRED TWO ON  MARCH
 SEVENTH,  TWO THOUSAND TWENTY. ALLOWABLE COSTS OR EXPENSES SHALL INCLUDE
 COSTS INCURRED DUE TO THE PANDEMIC, AS ALLOWABLE PURSUANT TO THE PROGRAM
 THROUGH WHICH SUCH FUNDING WAS RECEIVED OR, TO THE EXTENT  PERMITTED  BY
 FEDERAL  LAW,  EXPENSES  RELATED  TO  OFFSETTING  LOST  REVENUE DUE TO A
 REDUCTION IN PLACEMENTS THAT CAN BE DIRECTLY  ATTRIBUTED  TO  THE  NOVEL
 CORONAVIRUS (COVID-19) PANDEMIC.
   (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL HOLD HARMLESS THE
 PROSPECTIVE  MAXIMUM  STATE  AID  RATE  TO THE EXTENT THAT EXTRAORDINARY
 FEDERAL REVENUE WAS DISREGARDED IN ACCORDANCE WITH PARAGRAPH (A) OF THIS
 SUBDIVISION FOR THE TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO
 RATE YEAR AND SUBSEQUENT APPLICABLE RATE YEARS.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed 5 years after such date.
 
                                  PART FF
 
   Section 1. Notwithstanding any provision of law to  the  contrary,  in
 accordance  with  section  4  of  Division X of the federal Consolidated
 Appropriations Act of 2021 (P.L. 116-260) or any successor  legislation,
 a youth may not be required to leave foster care or be found to be inel-
 igible  for  title  IV-E  foster care maintenance payments solely due to
 such youth's age or such youth being deemed to not have met a  condition
 of  section  475(8)(B)(iv)  of  the  federal  social  security  act; and
 provided further that, notwithstanding any other provision of law to the
 contrary and in accordance with section 4 of Division X of  the  federal
 Consolidated  Appropriations Act of 2021 (P.L. 116-260) or any successor
 legislation, until October 1, 2021, a youth who was previously in foster
 care and was discharged from foster care after obtaining the age of  18,
 on  or  after April 1, 2020, shall be permitted to voluntarily return to
 and remain in foster care, as authorized by section 4 of Division  X  of
 the  federal  Consolidated Appropriations Act of 2021 (P.L. 116-260), or
 any such date as may be authorized pursuant to successor legislation.
   § 2.  Notwithstanding the age limitations for foster care contained in
 articles 3, 7, 10, or 10-A of the family court  act  and  in  accordance
 with  section 4 of Division X of the federal Consolidated Appropriations
 Act of 2021 (P.L. 116-260) or any successor legislation, youth who  stay
 in  foster care beyond age 21 pursuant to this chapter shall continue to
 have permanency hearings at the same intervals as  such  hearings  would
 otherwise  occur if such youth remained in care and had not obtained the
 age of 21.
   § 3.  Notwithstanding any provision of law to the contrary, in accord-
 ance with section 4 of Division X of the federal Consolidated  Appropri-
 ations  Act  of  2021  (P.L.  116-260) or any successor legislation, the
 family court shall be authorized to conduct proceedings and issue deter-
 minations pursuant to article 10-B  of  the  family  court  act  without
 regard  to  the youth's age or such youth being deemed to not have met a

 S. 2506--C                         84                         A. 3006--C
 
 condition of section 475(8)(B)(iv) of the federal  social  security  act
 until October 1, 2021, or any such date as may be authorized pursuant to
 successor  legislation.    Provided  further,  any such motions shall be
 heard and determined on an expedited basis.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed on the same date and in the same manner  as  the  termi-
 nation  of  the  provisions  of  section  4 of Division X of the federal
 Consolidated Appropriations Act of 2021 (P.L. 116-260), or on such later
 date as may be provided in any successor legislation; provided that  the
 commissioner  of the office of children and family services shall notify
 the legislative bill drafting commission  upon  the  occurrence  of  the
 termination  of the provisions of section 4 of Division X of the federal
 Consolidated Appropriations Act of 2021 (P.L. 116-260)  or  of  a  later
 date  provided by successor legislation in order that the commission may
 maintain an accurate and timely effective database of the official  text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.
 
                                  PART GG
 
   Section  1.  Paragraph h of subdivision 2 of section 355 of the educa-
 tion law is amended by adding a new subparagraph 4-b to read as follows:
   (4-B) (I) IN STATE FISCAL YEAR TWO THOUSAND  TWENTY-TWO--TWO  THOUSAND
 TWENTY-THREE,  THE  STATE  SHALL  APPROPRIATE AND MAKE AVAILABLE 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. Subdivision 7 of section 6206 of the education law is amended by
 adding a new paragraph (f) to read as follows:
   (F) (I) IN STATE FISCAL YEAR  TWO  THOUSAND  TWENTY-TWO--TWO  THOUSAND
 TWENTY-THREE,  THE  STATE  SHALL  APPROPRIATE AND MAKE AVAILABLE 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

 S. 2506--C                         85                         A. 3006--C
 
 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 HH

   Section 1. Subdivision 11 of section 17 of the public officers law, as
 added by chapter 499 of the laws of 1992, is amended to read as follows:
   11.  The  provisions of this section shall not apply to physicians who
 are subject to the provisions of the plan for the management of clinical
 practice income as set forth in the policies of the board  of  trustees,
 title  8,  New  York  codes,  rules and regulations, regarding any civil
 action or proceeding alleging some professional malpractice in any state
 or federal court arising out of the physician's involvement in  clinical
 practice  as defined in that plan, PROVIDED HOWEVER, THAT THE PROVISIONS
 OF THIS SECTION SHALL APPLY WHEN A CLAIM OR PROCEEDING ARISES WHILE  THE
 PHYSICIAN  WAS  ACTING  ON  BEHALF OF THE STATE WITHIN THE SCOPE OF SUCH
 PHYSICIAN'S PUBLIC EMPLOYMENT OR DUTIES.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 claims pending or filed on or after such date.
 
                                  PART II
 
   Section  1.  Subdivision 2 of section 2805-i of the public health law,
 as added by section 2 of part HH of chapter 57 of the laws of  2018,  is
 amended to read as follows:
   2.  Sexual  offense  evidence  shall  be  collected  and maintained as
 follows:
   (a) All sexual offense evidence shall be kept in  a  locked,  separate
 and  secure  area for twenty years from the date of collection; provided
 that such evidence shall be transferred to a new location(s) pursuant to
 this subdivision.
   (b) Sexual offense evidence shall include,  but  not  be  limited  to,
 slides,  cotton swabs, clothing and other items. Where appropriate, such
 items shall be refrigerated and the clothes and swabs  shall  be  dried,
 stored in paper bags, and labeled. Each item of evidence shall be marked
 and  logged  with  a  code  number  corresponding  to the alleged sexual
 offense victim's medical record.
   (c) Upon collection, the hospital  shall  notify  the  alleged  sexual
 offense  victim  that,  after  twenty years, the sexual offense evidence
 will be discarded in compliance with state and local  health  codes  and
 that  the  alleged  sexual  offense victim's clothes or personal effects
 will be returned to the alleged sexual offense victim at any  time  upon
 request.  The alleged sexual offense victim shall be given the option of
 providing contact information for purposes of receiving  notice  of  the
 planned  destruction  of such evidence after the expiration of the twen-
 ty-year period.
   (d) Until [April first] SEPTEMBER THIRTIETH, two thousand [twenty-one]
 TWENTY-TWO, or earlier if determined feasible by the director of  budget
 [pursuant  to  paragraph  (g)  of  this subdivision], hospitals shall be
 responsible for securing long-term sexual offense evidence  pursuant  to
 this  section,  after  which such storage shall be the responsibility of
 the [custodian(s) identified in the plan approved  by  the  director  of
 budget  pursuant  to paragraph (g) of this subdivision] OFFICE OF VICTIM
 SERVICES.  Hospitals may enter into contracts with other  entities  that

 S. 2506--C                         86                         A. 3006--C
 
 will  ensure  appropriate and secure long-term storage of sexual offense
 evidence pursuant to this section until [April first] SEPTEMBER  THIRTI-
 ETH, two thousand [twenty-one] TWENTY-TWO.
   (e)  Beginning April first, two thousand eighteen, the department, the
 office of victim services, the division of criminal justice services and
 the division of state police shall  jointly  study,  evaluate  and  make
 recommendations  concerning the storage and monitoring of sexual offense
 evidence for twenty years, including studying options for  the  use  of:
 state-owned  or  operated  facilities;  facilities  owned or operated by
 local government or law enforcement agencies; and  facilities  owned  or
 operated by private entities.
   (f) [On or before December first, two thousand nineteen, such agencies
 shall  submit  a  joint  plan  to the director of budget, speaker of the
 assembly, and president pro tempore of the  senate,  which  shall  at  a
 minimum  include:  recommended  storage  location(s)  for sexual offense
 evidence; a schedule for  sexual  offense  evidence  held  by  hospitals
 pursuant  to  this section to be transferred to such storage location(s)
 by April first, two thousand twenty-one; and  tracking,  monitoring  and
 notification option(s).
   (g)  On  or before January first, two thousand twenty, the director of
 budget shall approve a plan that, at  a  minimum,  establishes:  storage
 location(s)  for  sexual  offense evidence by no later than April first,
 two thousand  twenty-one;  a  reasonable  schedule  for  sexual  offense
 evidence  maintained  by hospitals pursuant to this section to be trans-
 ferred to such storage location(s); and tracking, monitoring and notifi-
 cation system(s).
   (h)] Between thirty and ten days  prior  to  the  transfer  of  sexual
 offense  evidence  to  the  [storage  location(s) identified in the plan
 approved by the director of budget pursuant to  paragraph  (g)  of  this
 subdivision]  OFFICE  OF  VICTIM SERVICES, hospitals shall make diligent
 efforts to notify the alleged sexual offense victim of the  transfer  of
 custody for the remainder of the twenty-year storage period.
   [(i)]  (G) On [April first] SEPTEMBER THIRTIETH, two thousand [twenty-
 one] TWENTY-TWO, or earlier if determined feasible by  the  director  of
 budget,  responsibility for long-term storage of sexual offense evidence
 shall transfer to the [custodian(s) identified in the plan  approved  by
 the  director  of  budget pursuant to paragraph (g) of this subdivision]
 OFFICE OF VICTIM SERVICES.
   [(j)] (H) After [April first] SEPTEMBER THIRTIETH, two thousand [twen-
 ty-one] TWENTY-TWO, or earlier if determined feasible by the director of
 budget, hospitals shall  ensure  transfer  of  sexual  offense  evidence
 collected  pursuant  to  this section to the [custodian(s) identified in
 the plan approved by the director of budget pursuant to paragraph (g) of
 this  subdivision]  OFFICE  OF  VICTIM  SERVICES  within  ten  days   of
 collection of such evidence, while maintaining chain of custody.
   [(k)]  (I) At least ninety days prior to the expiration of the twenty-
 year storage period for any sexual offense evidence,  the  [custodian(s)
 of  the  sexual  offense  evidence] OFFICE OF VICTIM SERVICES shall make
 diligent efforts to contact the alleged sexual offense victim to  notify
 the  alleged sexual offense victim that the sexual offense evidence will
 be discarded in compliance with state and local health  codes  and  that
 the alleged sexual offense victim's clothes and personal effects will be
 returned to the alleged sexual offense victim upon request.
   [(l)]  (J) Notwithstanding any other provision in this section, sexual
 offense evidence shall  not  continue  to  be  stored  where:  (i)  such
 evidence  is not privileged and law enforcement requests its release, in

 S. 2506--C                         87                         A. 3006--C
 
 which case the custodian(s) shall comply with such request; or (ii) such
 evidence is privileged and either (A) the alleged sexual offense  victim
 gives  permission to release the evidence to law enforcement, or (B) the
 alleged   sexual   offense   victim  signs  a  statement  directing  the
 custodian(s) to dispose of  the  evidence,  in  which  case  the  sexual
 offense  evidence  will  be discarded in compliance with state and local
 health codes.
   § 2. This act shall take effect April 1, 2021.
 
                                  PART JJ
 
   Section 1. This Part enacts into law major components  of  legislation
 which  are  related to the availability of adverse childhood experiences
 services. Each component is  wholly contained within a  Subpart  identi-
 fied  as  Subparts  A  and  B.  The  effective  date for each particular
 provision contained within such Subpart is set forth in the last section
 of such Subpart.  Any  provision  in  any  section  contained  within  a
 Subpart, including the effective date of the Subpart, which makes refer-
 ence  to  a  section  of  "this  act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding  section  of  the  Subpart  in which it is found.   Section two
 contains a severability clause for  all  provisions  contained  in  each
 Subpart  of  this Part. Section three of this act sets forth the general
 effective date of this Part.
 
                                 SUBPART A
 
   Section 1. The social services law is amended by adding a new  section
 131-aaa to read as follows:
   §  131-AAA.  AVAILABILITY  OF  ADVERSE CHILDHOOD EXPERIENCES SERVICES.
 EACH LOCAL SOCIAL SERVICES DISTRICT SHALL BE REQUIRED TO MAKE  AVAILABLE
 TO  APPLICANTS  AND  RECIPIENTS  OF  PUBLIC ASSISTANCE WHO ARE A PARENT,
 GUARDIAN, CUSTODIAN OR OTHERWISE RESPONSIBLE FOR A CHILD'S CARE,  EDUCA-
 TIONAL  MATERIALS DEVELOPED PURSUANT TO SUBDIVISION TWO OF SECTION THREE
 HUNDRED SEVENTY-C OF THIS ARTICLE TO EDUCATE THEM ABOUT  ADVERSE  CHILD-
 HOOD  EXPERIENCES,  THE  IMPORTANCE OF PROTECTIVE FACTORS AND THE AVAIL-
 ABILITY OF SERVICES FOR CHILDREN AT RISK FOR OR SUFFERING  FROM  ADVERSE
 CHILDHOOD  EXPERIENCES.  THE EDUCATIONAL MATERIALS MAY BE MADE AVAILABLE
 ELECTRONICALLY AND SHALL BE OFFERED  AT  THE  TIME  OF  APPLICATION  AND
 RECERTIFICATION.
   §  2.  Article 5 of the social services law is amended by adding a new
 title 12-A to read as follows:
                                TITLE 12-A
          SUPPORTS AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE
                           CHILDHOOD EXPERIENCES
 SECTION 370-C. SUPPORTS AND SERVICES FOR YOUTH  SUFFERING  FROM  ADVERSE
                  CHILDHOOD EXPERIENCES.
   § 370-C. SUPPORTS AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE CHILD-
 HOOD  EXPERIENCES.  1. YOUTH SUFFERING FROM OR AT RISK OF ADVERSE CHILD-
 HOOD EXPERIENCES, AS DEFINED IN PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF
 SECTION  TWENTY-D OF THIS CHAPTER, MAY BE ELIGIBLE FOR A RANGE OF APPRO-
 PRIATE SERVICES AND SUPPORTS THAT ENHANCE  PROTECTIVE  FACTORS,  OR  ARE
 CULTURALLY  COMPETENT, EVIDENCE BASED AND TRAUMA INFORMED AND BENEFICIAL
 TO THE OVERALL HEALTH AND WELL-BEING OF THE  YOUTH,  INCLUDING  BUT  NOT
 NECESSARILY  LIMITED TO AVAILABLE: (I) APPROPRIATE HEALTH AND BEHAVIORAL
 HEALTH SERVICES PROVIDED TO  YOUTH  WHO  ARE  OTHERWISE  ELIGIBLE  UNDER

 S. 2506--C                         88                         A. 3006--C
 
 SUBDIVISION  SEVEN  OF  SECTION  TWENTY-FIVE  HUNDRED  TEN OF THE PUBLIC
 HEALTH LAW AND SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-FIVE-A  OF
 THIS  ARTICLE; (II) PREVENTIVE SERVICES PROVIDED TO YOUTH WHO ARE OTHER-
 WISE  ELIGIBLE  PURSUANT TO SECTION FOUR HUNDRED NINE-A OF THIS ARTICLE;
 (III) SERVICES PROVIDED TO YOUTH WHO ARE OTHERWISE ELIGIBLE PURSUANT  TO
 SUBDIVISION  TWO  OF SECTION FOUR HUNDRED FIFTY-EIGHT-M OF THIS CHAPTER;
 OR (IV) TO THE EXTENT FUNDS ARE SPECIFICALLY APPROPRIATED THEREFOR,  ANY
 OTHER SERVICES NECESSARY TO SERVE YOUTH SUFFERING FROM ADVERSE CHILDHOOD
 EXPERIENCES.
   2.  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH
 THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE OFFICE OF  MENTAL
 HEALTH, THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, THE DEPARTMENT OF
 HEALTH  AND  NOT-FOR-PROFIT  ORGANIZATIONS THAT HAVE EXPERTISE PROVIDING
 SERVICES TO INDIVIDUALS SUFFERING FROM  ADVERSE  CHILDHOOD  EXPERIENCES,
 SHALL  DEVELOP  OR  UTILIZE EXISTING EDUCATIONAL MATERIALS TO BE USED TO
 EDUCATE  PARENTS,  GUARDIANS  AND  OTHER  AUTHORIZED  INDIVIDUALS  ABOUT
 ADVERSE  CHILDHOOD  EXPERIENCES  INCLUDING THE ENVIRONMENTAL EVENTS THAT
 MAY IMPACT OR LEAD TO ADVERSE CHILDHOOD EXPERIENCES, THE  IMPORTANCE  OF
 PROTECTIVE FACTORS AND THE AVAILABILITY OF SERVICES FOR CHILDREN AT RISK
 OF  OR  SUFFERING  FROM ADVERSE CHILDHOOD EXPERIENCES.  SUCH INFORMATION
 SHALL BE MADE AVAILABLE ELECTRONICALLY AND SHALL BE POSTED ON EACH AGEN-
 CY'S WEBSITE.
   § 3. Subdivision 7 of section  390  of  the  social  services  law  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES SHALL IMPLEMENT A
 STATEWIDE CAMPAIGN TO EDUCATE PARENTS AND OTHER CONSUMERS OF  CHILD  DAY
 CARE  PROGRAMS  ABOUT  ADVERSE  CHILDHOOD EXPERIENCES, THE IMPORTANCE OF
 PROTECTIVE FACTORS, AND THE AVAILABILITY OF  SERVICES  FOR  CHILDREN  AT
 RISK  FOR  OR  EXPERIENCING  ADVERSE CHILDHOOD EXPERIENCES AS DEFINED IN
 PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-D  OF  THIS  CHAPTER.
 SUCH  STATEWIDE CAMPAIGN, SHALL INCLUDE BUT IS NOT LIMITED TO, PROVIDING
 ALL LICENSED, REGISTERED AND ENROLLED CHILD CARE PROVIDERS  WITH  EDUCA-
 TIONAL  MATERIALS DEVELOPED PURSUANT TO SUBDIVISION TWO OF SECTION THREE
 HUNDRED SEVENTY-C OF THIS CHAPTER. THE EDUCATIONAL MATERIALS MAY BE MADE
 AVAILABLE ELECTRONICALLY AND SHALL  BE  OFFERED  TO  PARENTS  AND  OTHER
 CONSUMERS AT THE TIME OF ENROLLMENT.
   §  4.  Section  305  of  the  education law is amended by adding a new
 subdivision 59 to read as follows:
   59. THE COMMISSIONER SHALL MAKE AVAILABLE EDUCATIONAL MATERIALS DEVEL-
 OPED PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED  SEVENTY-C  OF
 THE  SOCIAL  SERVICES  LAW  TO  EVERY  SCHOOL  DISTRICT, CHARTER SCHOOL,
 NONPUBLIC SCHOOL, APPROVED PRESCHOOL, APPROVED PRESCHOOL SPECIAL  EDUCA-
 TION PROGRAM, APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOL FOR
 THE  EDUCATION  OF STUDENTS WITH DISABILITIES, STATE-SUPPORTED SCHOOL IN
 ACCORDANCE WITH ARTICLE EIGHTY-FIVE OF THIS CHAPTER, AND BOARD OF  COOP-
 ERATIVE EDUCATIONAL SERVICES FOR THE PURPOSE OF EDUCATING PARENTS, GUAR-
 DIANS  AND OTHER AUTHORIZED INDIVIDUALS RESPONSIBLE FOR THE CHILD'S CARE
 ABOUT  ADVERSE  CHILDHOOD  EXPERIENCES,  THE  IMPORTANCE  OF  PROTECTIVE
 FACTORS,  AND  THE  AVAILABILITY OF SERVICES FOR CHILDREN AT RISK FOR OR
 EXPERIENCING  ADVERSE  CHILDHOOD  EXPERIENCES.  THE  COMMISSIONER  SHALL
 PROVIDE THAT SUCH EDUCATIONAL MATERIALS ARE MADE AVAILABLE ONLINE PURSU-
 ANT  TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-C OF THE SOCIAL
 SERVICES LAW.
   § 5. The public health law is amended by adding a new  section  2509-c
 to read as follows:

 S. 2506--C                         89                         A. 3006--C
 
   §  2509-C.  AVAILABILITY  OF  ADVERSE  CHILDHOOD EXPERIENCES SERVICES.
 EVERY PEDIATRICS HEALTH CARE PROVIDER LICENSED PURSUANT TO  ARTICLE  ONE
 HUNDRED THIRTY-ONE OF THE EDUCATION LAW SHALL BE REQUIRED TO PROVIDE THE
 PARENT,  GUARDIAN,  CUSTODIAN  OR OTHER AUTHORIZED INDIVIDUAL OF A CHILD
 THAT  THE PEDIATRICIAN SEES IN THEIR OFFICIAL CAPACITY, WITH EDUCATIONAL
 MATERIALS DEVELOPED PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED
 SEVENTY-C OF THE SOCIAL SERVICES LAW. SUCH  MATERIALS  MAY  BE  PROVIDED
 ELECTRONICALLY  AND  SHALL  BE  USED  TO  INFORM  AND EDUCATE THEM ABOUT
 ADVERSE CHILDHOOD EXPERIENCES, THE IMPORTANCE OF PROTECTIVE FACTORS  AND
 THE  AVAILABILITY  OF  SERVICES FOR CHILDREN AT RISK FOR OR EXPERIENCING
 ADVERSE CHILDHOOD EXPERIENCES.
   § 6. Paragraph (a) of subdivision 2  of  section  422  of  the  social
 services  law, as amended by chapter 357 of the laws of 2014, is amended
 to read as follows:
   (a) The central register shall be capable of receiving telephone calls
 alleging child abuse or  maltreatment  and  of  immediately  identifying
 prior  reports  of child abuse or maltreatment and capable of monitoring
 the provision of child protective service twenty-four hours a day, seven
 days a week. To effectuate this purpose, but subject to  the  provisions
 of  the  appropriate  local  plan  for the provision of child protective
 services, there shall be a single statewide telephone  number  that  all
 persons,  whether  mandated by the law or not, may use to make telephone
 calls alleging child abuse or  maltreatment  and  that  all  persons  so
 authorized  by this title may use for determining the existence of prior
 reports in order to evaluate the condition or circumstances of a  child.
 In  addition  to the single statewide telephone number, there shall be a
 special unlisted express telephone  number  and  a  telephone  facsimile
 number  for use only by persons mandated by law to make telephone calls,
 or to transmit telephone facsimile information on a form provided by the
 commissioner of children and family services, alleging  child  abuse  or
 maltreatment, and for use by all persons so authorized by this title for
 determining  the  existence  of  prior  reports in order to evaluate the
 condition or circumstances of a child. When any allegations contained in
 such telephone calls could reasonably constitute a report of child abuse
 or maltreatment, AFTER UTILIZING PROTOCOLS THAT  WOULD  REDUCE  IMPLICIT
 BIAS FROM THE DECISION-MAKING PROCESS, such allegations and any previous
 reports  to the central registry involving the subject of such report or
 children named in such report, including any previous report  containing
 allegations  of child abuse and maltreatment alleged to have occurred in
 other counties and districts in New  York  state  shall  be  immediately
 transmitted orally or electronically by the office of children and fami-
 ly services to the appropriate local child protective service for inves-
 tigation.  The  inability of the person calling the register to identify
 the alleged perpetrator shall, in no circumstance, constitute  the  sole
 cause  for  the  register  to reject such allegation or fail to transmit
 such allegation for investigation. If the records  indicate  a  previous
 report  concerning  a  subject  of  the  report, the child alleged to be
 abused or maltreated, a sibling, other children in the household,  other
 persons  named  in the report or other pertinent information, the appro-
 priate local child protective service shall be immediately  notified  of
 the  fact.  If the report involves either (i) an allegation of an abused
 child described in paragraph (i), (ii) or (iii) of  subdivision  (e)  of
 section one thousand twelve of the family court act or sexual abuse of a
 child  or  the  death  of  a  child or (ii) suspected maltreatment which
 alleges any physical harm when the report is made by a  person  required
 to report pursuant to section four hundred thirteen of this title within

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 six months of any other two reports that were indicated, or may still be
 pending,  involving  the  same  child, sibling, or other children in the
 household or the subject of the report, the office of children and fami-
 ly services shall identify the report as such and note any prior reports
 when  transmitting the report to the local child protective services for
 investigation.
   § 7. Paragraph (c) of subdivision 2  of  section  421  of  the  social
 services  law,  as  amended  by section 2 of part R of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (c) issue guidelines to assist local child protective services in  the
 interpretation  and assessment of reports of abuse and maltreatment made
 to the statewide central register  described  in  section  four  hundred
 twenty-two  of  this article. Such guidelines shall include information,
 standards and criteria for the identification  of  evidence  of  alleged
 abuse  and maltreatment as required to determine whether a report may be
 indicated pursuant to this article.  PROVIDED  FURTHER,  THE  OFFICE  OF
 CHILDREN AND FAMILY SERVICES SHALL UPDATE SUCH GUIDELINES, STANDARDS AND
 CRITERIA  ISSUED  TO  THE  LOCAL  CHILD  PROTECTIVE  SERVICES TO INCLUDE
 PROTOCOLS TO REDUCE IMPLICIT  BIAS  IN  THE  DECISION-MAKING  PROCESSES,
 STRATEGIES  FOR  IDENTIFYING ADVERSE CHILDHOOD EXPERIENCES AS DEFINED IN
 PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-D  OF  THIS  CHAPTER,
 AND  GUIDELINES  TO ASSIST IN RECOGNIZING SIGNS OF ABUSE OR MALTREATMENT
 WHILE INTERACTING VIRTUALLY.  THE OFFICE MAY UTILIZE  EXISTING  PROGRAMS
 OR MATERIALS ESTABLISHED PURSUANT TO SECTION TWENTY-D OF THIS CHAPTER.
   § 8. Section 413 of the social services law is amended by adding a new
 subdivision 5 to read as follows:
   5.    THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL UPDATE TRAINING
 ISSUED TO PERSONS AND OFFICIALS REQUIRED TO REPORT  CASES  OF  SUSPECTED
 CHILD ABUSE OR MALTREATMENT TO INCLUDE PROTOCOLS TO REDUCE IMPLICIT BIAS
 IN  THE  DECISION-MAKING  PROCESSES,  STRATEGIES FOR IDENTIFYING ADVERSE
 CHILDHOOD EXPERIENCES AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE  OF
 SECTION  TWENTY-D OF THIS CHAPTER, AND GUIDELINES TO ASSIST IN RECOGNIZ-
 ING SIGNS OF ABUSE OR MALTREATMENT  WHILE  INTERACTING  VIRTUALLY.  SUCH
 PERSONS  AND OFFICIALS SHALL HAVE THREE YEARS FROM THE EFFECTIVE DATE OF
 THE CHAPTER OF THE LAWS OF  TWO  THOUSAND  TWENTY-ONE  THAT  ADDED  THIS
 SUBDIVISION TO RECEIVE SUCH UPDATED MANDATED REPORTED TRAINING.
   § 9. This act shall take effect April 1, 2022, provided, however, that
 section  eight  of  this  act  shall expire and be deemed repealed three
 years after the effective date of this act.
 
                                 SUBPART B
 
                          Intentionally Omitted.

   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or  part contained in any subpart 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
 by  confined in its operation to the clause, sentence, paragraph, subdi-
 vision, section or  part  contained  in  any  subpart  thereof  directly
 involved  in  the  controversy  in  which  such judgment shall have been
 rendered. It is hereby declared to be the intent of the legislature that
 this act would have been enacted even if such invalid provisions had not
 been included herein.

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   § 3. This act shall take effect immediately, provided,  however,  that
 the  applicable  effective  date  of  Subpart  A of this act shall be as
 specifically set forth in the last section of such Subpart.
 
                                  PART KK
 
   Section  1. Electronic service of process authorized by the provisions
 of this act is an optional program. Any corporation, association, limit-
 ed liability company, or partnership will continue to receive service of
 process by mail unless such corporation, association, limited  liability
 company,  or  partnership makes an affirmative choice to receive service
 of process through electronic means. The department of state's  division
 of  corporations,  state  records  and  uniform  commercial  code  shall
 conspicuously display on their website a description of  each  available
 method  of submitting a copy of process to the department of state along
 with the disclosure that using any such method of  submission  will  not
 result in any extra cost to the consumer.
   § 1-a. Paragraph (d) of section 304 of the business corporation law is
 amended to read as follows:
   (d) Any  designated  [post-office]  POST  OFFICE  address to which the
 secretary of state shall mail a copy of process served upon him  OR  HER
 as  agent  of  a  domestic  corporation  or a foreign corporation, shall
 continue until the filing of a certificate  OR  OTHER  INSTRUMENT  under
 this  chapter  directing  the  mailing to a different [post-office] POST
 OFFICE address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH  THE  SECRETARY
 OF  STATE SHALL EMAIL NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRON-
 ICALLY SERVED UPON HIM OR HER AS AGENT  OF  A  DOMESTIC  CORPORATION  OR
 FOREIGN  CORPORATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR
 OTHER INSTRUMENT UNDER THIS  CHAPTER  CHANGING  OR  DELETING  THE  EMAIL
 ADDRESS.
   § 1-b. The business corporation law is amended by adding a new section
 304-a to read as follows:
 § 304-A. ELECTRONIC SERVICE OF PROCESS.
   THE  SECRETARY  OF  STATE  SHALL ADVISE ANY CORPORATION SUBJECT TO THE
 LAWS OF THIS CHAPTER IN PROMINENT WRITTEN FORM AS FOLLOWS: (A) ELECTRON-
 IC SERVICE OF PROCESS AUTHORIZED BY THE PROVISIONS OF THIS CHAPTER IS AN
 OPTIONAL PROGRAM AT NO ADDITIONAL COST TO THE USER; (B) ANY  CORPORATION
 SUBJECT  TO THE LAWS OF THIS CHAPTER WILL CONTINUE TO RECEIVE SERVICE OF
 PROCESS BY MAIL UNLESS SUCH CORPORATION NOTIFIES  THE  SECRETARY  OF  AN
 AFFIRMATIVE  CHOICE  TO RECEIVE SERVICE OF PROCESS BY WAY OF THE PROGRAM
 THROUGH ELECTRONIC MEANS, IN WHICH CASE  DIGITAL  COPIES  WILL  BE  MADE
 ACCESSIBLE  BUT  PAPER DOCUMENTS WILL NOT BE MAILED; AND (C) SUCH CHOICE
 MAY BE REVERSED BY THE CORPORATION AT ANY TIME AND, THEREAFTER,  SERVICE
 BY MAIL WILL RESUME.
   §  2.  Subparagraph  1 of paragraph (b) of section 306 of the business
 corporation law, as amended by chapter 419  of  the  laws  of  1990,  is
 amended to read as follows:
   (1)  Service of process on the secretary of state as agent of a domes-
 tic or authorized foreign corporation shall be made [by  personally]  IN
 THE  MANNER  PROVIDED BY CLAUSE (I) OR (II) OF THIS SUBPARAGRAPH. EITHER
 OPTION OF SERVICE AUTHORIZED PURSUANT  TO  THIS  SUBPARAGRAPH  SHALL  BE
 AVAILABLE  AT  NO EXTRA COST TO THE CONSUMER.  (I) PERSONALLY delivering
 to and leaving with the secretary of state or  a  deputy,  or  with  any
 person  authorized by the secretary of state to receive such service, at
 the office of the department of state in the city of  Albany,  duplicate
 copies  of such process together with the statutory fee, which fee shall

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 be a taxable disbursement. Service of process on such corporation  shall
 be  complete  when the secretary of state is so served. The secretary of
 state shall promptly send one of such copies by certified  mail,  return
 receipt  requested,  to such corporation, at the post office address, on
 file in the department of state, specified for the purpose. If a  domes-
 tic or authorized foreign corporation has no such address on file in the
 department  of state, the secretary of state shall so mail such copy, in
 the case of a domestic corporation, in care of any director named in its
 certificate of incorporation at the director's  address  stated  therein
 or,  in  the  case  of an authorized foreign corporation, to such corpo-
 ration at the address of its office within this state  on  file  in  the
 department.  (II) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE
 DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL  BE
 A  TAXABLE  DISBURSEMENT,  THROUGH  AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN  CORPO-
 RATION  HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS
 BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS
 ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRETARY  OF  STATE  HAS
 REVIEWED  AND  ACCEPTED  SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE
 SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO
 SUCH CORPORATION AT THE EMAIL ADDRESS  ON  FILE  IN  THE  DEPARTMENT  OF
 STATE,  SPECIFIED  FOR  THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS
 AVAILABLE TO SUCH CORPORATION.
   § 3. The opening paragraph of paragraph (b)  of  section  307  of  the
 business corporation law is amended to read as follows:
   Service  of such process upon the secretary of state shall be made [by
 personally] IN THE MANNER PROVIDED BY SUBPARAGRAPH ONE OR  TWO  OF  THIS
 PARAGRAPH.  EITHER  OPTION  OF SERVICE AUTHORIZED PURSUANT TO THIS PARA-
 GRAPH SHALL BE AVAILABLE  AT  NO  EXTRA  COST  TO  THE  CONSUMER.    (1)
 PERSONALLY delivering to and leaving with him or his deputy, or with any
 person  authorized by the secretary of state to receive such service, at
 the office of the department of state in the city of Albany, a  copy  of
 such process together with the statutory fee, which fee shall be a taxa-
 ble disbursement. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO
 THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL
 BE  A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE. Such service shall be sufficient if notice  thereof
 and a copy of the process are:
   §  4.  Subparagraph  7 of paragraph (a) of section 402 of the business
 corporation law is amended to read as follows:
   (7) A designation of the secretary of state as  agent  of  the  corpo-
 ration  upon  whom  process against it may be served and the post office
 address within or without this state to which  the  secretary  of  state
 shall  mail a copy of any process against it served upon him OR HER. THE
 CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN  ELEC-
 TRONICALLY SERVED UPON HIM OR HER.
   §  5.  Paragraph (b) of section 801 of the business corporation law is
 amended by adding a new subparagraph 15 to read as follows:
   (15) TO SPECIFY, CHANGE OR DELETE  THE  EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  6.  Paragraph (b) of section 803 of the business corporation law is
 amended by adding a new subparagraph 4 to read as follows:

 S. 2506--C                         93                         A. 3006--C
 
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  7.  Paragraph (b) of section 805-A of the business corporation law,
 as added by chapter 725 of the laws of  1964,  is  amended  to  read  as
 follows:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST  IT  HAS  BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE
 AND/OR the address of the registered agent, provided such address  being
 changed  is  the  address  of a person, partnership or other corporation
 whose address, as agent, is the address to be changed, AND/OR THE  EMAIL
 ADDRESS  BEING  CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR
 CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL  ADDRESS  TO  BE
 CHANGED,  or who has been designated as registered agent for such corpo-
 ration, may be signed[, verified] and delivered  to  the  department  of
 state  by  such  agent.  The  certificate  of change shall set forth the
 statements required under subparagraphs (a) (1), (2)  and  (3)  of  this
 section;  that  a notice of the proposed change was mailed to the corpo-
 ration by the party signing the certificate not less  than  thirty  days
 prior  to  the  date  of delivery to the department and that such corpo-
 ration has not objected thereto; and that the party signing the  certif-
 icate is the agent of such corporation to whose address the secretary of
 state  is  required  to mail copies of process [or], AND/OR THE AGENT OF
 THE CORPORATION TO  WHOSE  EMAIL  ADDRESS  THE  SECRETARY  OF  STATE  IS
 REQUIRED  TO  MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent, if such be the case. A certificate signed[, verified] and  deliv-
 ered  under  this  paragraph  shall  not be deemed to effect a change of
 location of the office of the corporation in whose behalf  such  certif-
 icate is filed.
   §  8. Subparagraph 8 of paragraph (a) of section 904-a of the business
 corporation law, as amended by chapter 177  of  the  laws  of  2008,  is
 amended to read as follows:
   (8)  If  the surviving or resulting entity is a foreign corporation or
 other business entity, a designation of the secretary of  state  as  its
 agent upon whom process against it may be served in the manner set forth
 in  paragraph  (b)  of section three hundred six of this chapter, in any
 action or special proceeding, and a post office address, within or with-
 out this state, to which the secretary of state shall mail a copy of any
 process against it served upon him OR HER. THE CORPORATION  MAY  INCLUDE
 AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF
 THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM
 OR  HER.    Such  post  office address shall supersede any prior address
 designated as the address to which process  shall  be  mailed  AND  SUCH
 EMAIL  ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS THE
 EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT;
   § 9. Clause (G) of subparagraph 2 of paragraph (e) of section  907  of
 the  business  corporation law, as amended by chapter 494 of the laws of
 1997, is amended to read as follows:
   (G) A designation of the secretary of state as  its  agent  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding,  and a post office address, within or without this state, to

 S. 2506--C                         94                         A. 3006--C
 
 which the secretary of state shall mail a copy of any process against it
 served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS  TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS  AGAINST  IT  HAS  BEEN ELECTRONICALLY SERVED UPON HIM OR HER.  Such
 post office address shall supersede any prior address designated as  the
 address  to  which  process shall be mailed AND SUCH EMAIL ADDRESS SHALL
 SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS  THE  EMAIL  ADDRESS  TO
 WHICH A NOTICE SHALL BE SENT.
   §  10. Subparagraph 6 of paragraph (a) of section 1304 of the business
 corporation law, as amended by chapter 684 of the laws of  1963  and  as
 renumbered  by  chapter  590  of the laws of 1982, is amended to read as
 follows:
   (6) A designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process  against  it  served  upon  him OR HER. THE CORPORATION MAY
 INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL  EMAIL  A
 NOTICE  OF  THE  FACT  THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY
 SERVED UPON HIM OR HER.
   § 11. Paragraph (a) of section 1308 of the business corporation law is
 amended by adding a new subparagraph 10 to read as follows:
   (10) TO SPECIFY, CHANGE OR DELETE  THE  EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 12. Paragraph (c) of section 1309-A of the business corporation law,
 as  amended  by  chapter  172  of the laws of 1999, is amended and a new
 subparagraph 4 is added to paragraph (a) to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (c) A certificate of change of application for authority which changes
 only  the post office address to which the secretary of state shall mail
 a copy of any process against an authorized foreign  corporation  served
 upon  him  or  HER,  AND/OR  THE EMAIL ADDRESS TO WHICH THE SECRETARY OF
 STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS  BEEN
 ELECTRONICALLY  SERVED  UPON THE SECRETARY OF STATE AND/OR which changes
 the address of its  registered  agent,  provided  such  address  is  the
 address  of a person, partnership or other corporation whose address, as
 agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING
 CHANGED IS THE EMAIL ADDRESS OF A  PERSON,  PARTNERSHIP  OR  CORPORATION
 WHOSE  EMAIL  ADDRESS,  AS  AGENT,  IS  THE EMAIL ADDRESS TO BE CHANGED,
 AND/OR who has been designated as registered agent for  such  authorized
 foreign  corporation,  may  be signed and delivered to the department of
 state by such agent.  The  certificate  of  change  of  application  for
 authority  shall  set  forth the statements required under subparagraphs
 (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of
 the proposed change was mailed by the party signing the  certificate  to
 the  authorized  foreign  corporation not less than thirty days prior to
 the date of delivery to the department and that such corporation has not
 objected thereto; and that the party  signing  the  certificate  is  the
 agent  of  such  foreign  corporation  to whose address the secretary of
 state is required to mail copies of process [or], AND/OR  THE  AGENT  OF
 SUCH  FOREIGN  CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE
 IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT  PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED ON THE SECRETARY OF STATE AND/OR the regis-
 tered agent, if such be the case. A  certificate  signed  and  delivered

 S. 2506--C                         95                         A. 3006--C
 
 under  this paragraph shall not be deemed to effect a change of location
 of the office of the corporation in whose  behalf  such  certificate  is
 filed.
   §  13.  Subparagraph  6  of paragraph (a) and paragraph (d) of section
 1310 of the business corporation law, the opening paragraph of paragraph
 (d) as amended by chapter 172 of the laws of 1999, are amended  to  read
 as follows:
   (6)  A  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (d)  The  post office address AND/OR THE EMAIL ADDRESS specified under
 subparagraph (6) of paragraph (a) of this  section  may  be  changed.  A
 certificate,  entitled  "Certificate  of  amendment  of  certificate  of
 surrender of authority of ........ (name of corporation)  under  section
 1310  of  the  Business Corporation Law", shall be signed as provided in
 paragraph (a) of this section and delivered to the department of  state.
 It shall set forth:
   (1) The name of the foreign corporation.
   (2) The jurisdiction of its incorporation.
   (3)  The  date  its certificate of surrender of authority was filed by
 the department of state.
   (4) The changed post office address, within or without this state,  to
 which the secretary of state shall mail a copy of any process against it
 served  upon  him  OR  HER AND/OR THE CHANGED EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 14. Section 1311 of the business  corporation  law,  as  amended  by
 chapter 375 of the laws of 1998, is amended to read as follows:
 § 1311. Termination of existence.
   When  an  authorized foreign corporation is dissolved or its authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its incorporation or when such foreign corporation  is  merged  into  or
 consolidated  with  another  foreign  corporation,  a certificate of the
 secretary of state, or official performing the equivalent function as to
 corporate records, of the jurisdiction of incorporation of such  foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution  of  such foreign corporation, the termination of its exist-
 ence or the cancellation of its authority  shall  be  delivered  to  the
 department  of  state.  The  filing  of the certificate, order or decree
 shall have the same effect as the filing of a certificate  of  surrender
 of  authority under section 1310 (Surrender of authority). The secretary
 of state shall continue as agent of the foreign  corporation  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding  based  upon  any  liability  or  obligation  incurred by the
 foreign corporation within this  state  prior  to  the  filing  of  such
 certificate,  order  or decree and he OR SHE shall promptly cause a copy
 of any such process to be mailed by [registered] CERTIFIED mail,  return
 receipt  requested,  to  such  foreign  corporation  at  the post office
 address on file in his OR HER office specified for  such  purpose  OR  A
 NOTICE  OF  THE  FACT  THAT PROCESS AGAINST SUCH FOREIGN CORPORATION HAS
 BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE  FOREIGN  CORPORATION  AT
 THE  EMAIL  ADDRESS  ON  FILE  IN  HIS  OR HER OFFICE SPECIFIED FOR SUCH

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 PURPOSE.  The post office address AND/OR EMAIL ADDRESS may be changed by
 signing and delivering to the  department  of  state  a  certificate  of
 change  setting  forth  the  statements  required  under  section 1309-A
 (Certificate  of change; contents) to effect a change in the post office
 address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) OR (10) of
 section 1308 (Amendments or changes).
   § 15. Subdivisions 2 and 3 of section 18 of the  general  associations
 law,  as  amended by chapter 13 of the laws of 1938, are amended to read
 as follows:
   2.  Every association doing business within this state shall  file  in
 the  department of state a certificate in its associate name, signed and
 acknowledged by its president, or a  vice-president,  or  secretary,  or
 treasurer,  or  managing director, or trustee, designating the secretary
 of state as an agent upon whom  process  in  any  action  or  proceeding
 against  the  association  may  be served within this state, and setting
 forth an address to which the secretary of state shall mail  a  copy  of
 any  process against the association which may be served upon him OR HER
 pursuant to law.  THE ASSOCIATION MAY INCLUDE AN EMAIL ADDRESS TO  WHICH
 THE  SECRETARY  OF  STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR  HER.  Annexed  to
 the  certificate  of  designation  shall be a statement, executed in the
 same manner as the certificate is required to  be  executed  under  this
 section, which shall set forth:
   (a)  the names and places of residence of its officers and trustees
   (b)  its principal place of business
   (c)    the  place where its office within this state is located and if
 such place be in a city, the location thereof by street  and  number  or
 other particular description.
   3. Any association, from time to time, may change the address to which
 the secretary of state is directed to mail copies of process OR SPECIFY,
 CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE ASSOCIATION HAS BEEN
 ELECTRONICALLY  SERVED  UPON  HIM  OR HER, by filing a statement to that
 effect, executed, signed and acknowledged in like manner  as  a  certif-
 icate of designation as herein provided.
   §  15-a.  The  general  associations  law  is  amended by adding a new
 section 18-a to read as follows:
   § 18-A. ELECTRONIC SERVICE OF PROCESS. THE SECRETARY  OF  STATE  SHALL
 ADVISE  ANY ASSOCIATION SUBJECT TO THE LAWS OF THIS CHAPTER IN PROMINENT
 WRITTEN FORM AS FOLLOWS: (A) ELECTRONIC SERVICE OF PROCESS AUTHORIZED BY
 THE PROVISIONS OF THIS CHAPTER IS AN OPTIONAL PROGRAM AT  NO  ADDITIONAL
 COST  TO THE USER; (B) ANY ASSOCIATION SUBJECT TO THE LAWS OF THIS CHAP-
 TER WILL CONTINUE TO RECEIVE SERVICE OF  PROCESS  BY  MAIL  UNLESS  SUCH
 ASSOCIATION  NOTIFIES  THE SECRETARY OF AN AFFIRMATIVE CHOICE TO RECEIVE
 SERVICE OF PROCESS BY WAY OF THE PROGRAM THROUGH  ELECTRONIC  MEANS,  IN
 WHICH  CASE  DIGITAL  COPIES WILL BE MADE ACCESSIBLE BUT PAPER DOCUMENTS
 WILL NOT BE MAILED; AND (C) SUCH CHOICE MAY BE REVERSED BY  THE  ASSOCI-
 ATION AT ANY TIME AND, THEREAFTER, SERVICE BY MAIL WILL RESUME.
   §  16. Section 19 of the general associations law, as amended by chap-
 ter 166 of the laws of 1991, is amended to read as follows:
   § 19. Service of process. Service of process  against  an  association
 upon  the secretary of state shall be made [by personally] IN THE MANNER
 PROVIDED BY SUBDIVISION ONE OR TWO OF THIS  SECTION.  EITHER  OPTION  OF
 SERVICE  AUTHORIZED  PURSUANT  TO  THIS SECTION SHALL BE AVAILABLE AT NO
 EXTRA COST TO THE CONSUMER.  (1) PERSONALLY delivering  to  and  leaving
 with  him  [or  a  deputy  secretary  of state or an associate attorney,

 S. 2506--C                         97                         A. 3006--C

 senior attorney or attorney in the corporation division of  the  depart-
 ment  of  state]  OR HER OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF
 STATE TO RECEIVE SUCH SERVICE, duplicate copies of such process  at  the
 office  of the department of state in the city of Albany. At the time of
 such service the plaintiff shall pay a  fee  of  forty  dollars  to  the
 secretary  of  state which shall be a taxable disbursement. [If the cost
 of registered mail for transmitting a copy of the process  shall  exceed
 two dollars, an additional fee equal to such excess shall be paid at the
 time  of  the  service  of  such  process.] The secretary of state shall
 [forthwith] PROMPTLY send by [registered] CERTIFIED  mail  one  of  such
 copies  to  the  association  at  the address fixed for that purpose, as
 herein provided.  (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO
 THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL
 BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY  THE
 DEPARTMENT  OF  STATE,  PROVIDED THE ASSOCIATION HAS AN EMAIL ADDRESS ON
 FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY  OF  STATE  SHALL
 EMAIL  A  NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY
 ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH ASSOCIATION  SHALL
 BE  COMPLETE  WHEN  THE  SECRETARY  OF  STATE  HAS REVIEWED AND ACCEPTED
 SERVICE OF SUCH PROCESS.  THE SECRETARY OF STATE SHALL PROMPTLY  SEND  A
 NOTICE OF THE FACT THAT PROCESS AGAINST SUCH ASSOCIATION HAS BEEN SERVED
 ELECTRONICALLY UPON HIM OR HER, TO SUCH ASSOCIATION AT THE EMAIL ADDRESS
 ON  FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL
 MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH ASSOCIATION. If the  action
 or  proceeding is instituted in a court of limited jurisdiction, service
 of process may be made in the manner provided in  this  section  if  the
 cause  of  action arose within the territorial jurisdiction of the court
 and the office of the defendant, as set forth  in  its  statement  filed
 pursuant to section eighteen of this chapter, is within such territorial
 jurisdiction.
   §  17.  Paragraph  4  of subdivision (e) of section 203 of the limited
 liability company law, as added by chapter 470 of the laws of  1997,  is
 amended to read as follows:
   (4)  a  designation  of the secretary of state as agent of the limited
 liability company upon whom process against it may  be  served  and  the
 post  office address within or without this state to which the secretary
 of state shall mail a copy of any process against the limited  liability
 company  served  upon  him  or  her.  THE  LIMITED LIABILITY COMPANY MAY
 INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL  EMAIL  A
 NOTICE  OF  THE  FACT  THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY
 SERVED UPON HIM OR HER;
   § 18. Subdivision (d) of section 211 of the limited liability  company
 law is amended by adding a new paragraph 10 to read as follows:
   (10)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR
 HER.
   § 19. Section 211-A of the limited liability company law, as added  by
 chapter 448 of the laws of 1998, is amended to read as follows:
   §  211-A.  Certificate  of change. (a) A limited liability company may
 amend its articles of organization from time to time to (i)  specify  or
 change  the  location  of  the  limited liability company's office; (ii)
 specify or change the post office address  to  which  the  secretary  of
 state  shall  mail  a  copy of any process against the limited liability
 company served upon him OR HER; [and] (iii) SPECIFY,  CHANGE  OR  DELETE
 THE  EMAIL  ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE

 S. 2506--C                         98                         A. 3006--C
 
 OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS  BEEN
 ELECTRONICALLY  SERVED  UPON HIM OR HER; AND (IV) make, revoke or change
 the designation of a registered agent, or specify or change the  address
 of  the  registered  agent.  Any  one or more such changes may be accom-
 plished by filing a  certificate  of  change  which  shall  be  entitled
 "Certificate  of  Change  of ....... (name of limited liability company)
 under section 211-A of the Limited Liability Company Law" and  shall  be
 signed and delivered to the department of state. It shall set forth:
   (1)  the  name  of  the  limited liability company, and if it has been
 changed, the name under which it was formed;
   (2) the date the articles of organization were filed by the department
 of state; and
   (3) each change effected thereby.
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a limited liability company served upon him or  HER,  AND/OR  THE  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE-
 TARY OF STATE AND/OR the address of the registered agent, provided  such
 address  being  changed,  AND/OR  THE EMAIL ADDRESS BEING CHANGED IS THE
 EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE  EMAIL
 ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, is the address of
 a  person,  partnership  or  corporation whose address, as agent, is the
 address to be changed or who has been designated as registered agent for
 such limited liability company  may  be  signed  and  delivered  to  the
 department  of  state by such agent. The certificate of change shall set
 forth the statements required under subdivision  (a)  of  this  section;
 that  a notice of the proposed change was mailed to the domestic limited
 liability company by the party signing the  certificate  not  less  than
 thirty days prior to the date of delivery to the department of state and
 that  such  domestic limited liability company has not objected thereto;
 and that the party signing the certificate is the agent of such  limited
 liability company to whose address the secretary of state is required to
 mail copies of process, AND/OR THE AGENT OF THE LIMITED LIABILITY COMPA-
 NY  TO  WHOSE  EMAIL  ADDRESS OF THE   SECRETARY OF STATE IS REQUIRED TO
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT  HAS  BEEN  ELECTRON-
 ICALLY  SERVED  UPON THE SECRETARY OF STATE, or the registered agent, if
 such be the case. A certificate signed and delivered under this subdivi-
 sion shall not be deemed to effect a change of location of the office of
 the limited liability company in whose behalf such certificate is filed.
   § 20. Subdivision (c) of section 301 of the limited liability  company
 law is amended to read as follows:
   (c) Any designated post office address to which the secretary of state
 shall mail a copy of process served upon him or her as agent of a domes-
 tic  limited  liability  company  or a foreign limited liability company
 shall continue until the filing of a  certificate  OR  OTHER  INSTRUMENT
 under  this  chapter  directing  the  mailing to a different post office
 address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS  HAS  BEEN  ELECTRONICALLY
 SERVED  UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY
 OR FOREIGN LIMITED LIABILITY COMPANY, SHALL CONTINUE UNTIL THE FILING OF
 A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR  DELET-
 ING SUCH EMAIL ADDRESS.
   §  20-a.  The limited liability company law is amended by adding a new
 section 301-b to read as follows:

 S. 2506--C                         99                         A. 3006--C
 
   § 301-B. ELECTRONIC SERVICE OF PROCESS. THE SECRETARY OF  STATE  SHALL
 ADVISE ANY LIMITED LIABILITY COMPANY SUBJECT TO THE LAWS OF THIS CHAPTER
 IN  PROMINENT WRITTEN FORM AS FOLLOWS: (A) ELECTRONIC SERVICE OF PROCESS
 AUTHORIZED BY THE PROVISIONS OF THIS CHAPTER IS AN OPTIONAL  PROGRAM  AT
 NO  ADDITIONAL  COST  TO  THE  USER;  (B)  ANY LIMITED LIABILITY COMPANY
 SUBJECT TO THE LAWS OF THIS CHAPTER WILL CONTINUE TO RECEIVE SERVICE  OF
 PROCESS  BY  MAIL  UNLESS  SUCH  LIMITED  LIABILITY COMPANY NOTIFIES THE
 SECRETARY OF AN AFFIRMATIVE CHOICE TO RECEIVE SERVICE OF PROCESS BY  WAY
 OF  THE  PROGRAM  THROUGH ELECTRONIC MEANS, IN WHICH CASE DIGITAL COPIES
 WILL BE MADE ACCESSIBLE BUT PAPER DOCUMENTS WILL NOT BE MAILED; AND  (C)
 SUCH CHOICE MAY BE REVERSED BY THE LIMITED LIABILITY COMPANY AT ANY TIME
 AND, THEREAFTER, SERVICE BY MAIL WILL RESUME.
   §  21. Subdivision (a) of section 303 of the limited liability company
 law, as relettered by chapter 341 of the laws of  1999,  is  amended  to
 read as follows:
   (a)  Service of process on the secretary of state as agent of a domes-
 tic limited liability company or authorized  foreign  limited  liability
 company  shall  be  made [by personally] IN THE MANNER PROVIDED BY PARA-
 GRAPH ONE OR TWO OF THIS SUBDIVISION.  EITHER OPTION OF SERVICE  AUTHOR-
 IZED PURSUANT TO THIS SUBDIVISION SHALL BE AVAILABLE AT NO EXTRA COST TO
 THE  CONSUMER.  (1) PERSONALLY delivering to and leaving with the secre-
 tary of state or his or her deputy, or with any person authorized by the
 secretary of state to receive such service, at the office of the depart-
 ment of state in the city of Albany, duplicate copies  of  such  process
 together  with the statutory fee, which fee shall be a taxable disburse-
 ment. Service of process on such  limited  liability  company  shall  be
 complete  when  the  secretary  of  state is so served. The secretary of
 state shall promptly send one of such copies by certified  mail,  return
 receipt  requested, to such limited liability company at the post office
 address on file in the department of state specified for  that  purpose.
 (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF
 STATE  TOGETHER  WITH  THE  STATUTORY  FEE, WHICH FEE SHALL BE A TAXABLE
 DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
 STATE, PROVIDED THE DOMESTIC OR  AUTHORIZED  FOREIGN  LIMITED  LIABILITY
 COMPANY HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS
 BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS
 ON  SUCH  LIMITED LIABILITY COMPANY SHALL BE COMPLETE WHEN THE SECRETARY
 OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS.  THE  SECRE-
 TARY  OF  STATE  SHALL  PROMPTLY  SEND A NOTICE OF THE FACT THAT PROCESS
 AGAINST SUCH LIMITED LIABILITY COMPANY HAS BEEN SERVED ELECTRONICALLY ON
 HIM OR HER TO SUCH LIMITED LIABILITY COMPANY AT  THE  EMAIL  ADDRESS  ON
 FILE  IN  THE  DEPARTMENT  OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL
 MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH LIMITED LIABILITY COMPANY.
   § 22. Subdivision (b) of section 304 of the limited liability  company
 law is amended to read as follows:
   (b)  Service of such process upon the secretary of state shall be made
 [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO  OF  THIS
 SUBDIVISION. EITHER OPTION OF SERVICE AUTHORIZED PURSUANT TO THIS SUBDI-
 VISION SHALL BE AVAILABLE AT NO EXTRA COST TO THE CONSUMER.
   (1)  PERSONALLY  delivering to and leaving with the secretary of state
 or his or her deputy, or with any person authorized by the secretary  of
 state  to receive such service, at the office of the department of state
 in the city of Albany, a copy of such process together with the statuto-
 ry fee, which fee shall be a taxable disbursement.

 S. 2506--C                         100                        A. 3006--C
 
   (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE  DEPARTMENT
 OF  STATE  TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE
 DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
 STATE.
   §  23.  Paragraph  4  of subdivision (a) of section 802 of the limited
 liability company law, as amended by chapter 470 of the laws of 1997, is
 amended to read as follows:
   (4) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process  against  it  served upon him or her. THE LIMITED LIABILITY
 COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH  THE  SECRETARY  OF  STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER;
   § 24. Section 804-A of the limited liability company law, as added  by
 chapter 448 of the laws of 1998, is amended to read as follows:
   § 804-A. Certificate of change. (a) A foreign limited liability compa-
 ny  may  amend  its  application  for authority from time to time to (i)
 specify or change  the  location  of  the  limited  liability  company's
 office;  (ii)  specify  or  change  the post office address to which the
 secretary of state shall mail a copy of any process against the  limited
 liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR
 DELETE  THE  EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A
 NOTICE OF THE FACT THAT PROCESS AGAINST THE  LIMITED  LIABILITY  COMPANY
 HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) to make, revoke
 or change the designation of a registered agent, or to specify or change
 the  address  of a registered agent. Any one or more such changes may be
 accomplished by filing a certificate of change which shall  be  entitled
 "Certificate  of  Change of ........ (name of limited liability company)
 under section 804-A of the Limited Liability Company Law" and  shall  be
 signed and delivered to the department of state. It shall set forth:
   (1) the name of the foreign limited liability company and, if applica-
 ble, the fictitious name the limited liability company has agreed to use
 in this state pursuant to section eight hundred two of this article;
   (2) the date its application for authority was filed by the department
 of state; and
   (3) each change effected thereby,
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  foreign  limited liability company served upon him or HER, AND/OR THE
 EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL  A  NOTICE  OF
 THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE
 SECRETARY OF STATE, AND/OR the address of the registered agent, provided
 such  address  being  changed is the address of a person, partnership or
 corporation whose address, as agent,  is  the  address  to  be  changed,
 AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,
 PARTNERSHIP  OR  OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE
 EMAIL ADDRESS TO BE CHANGED, or who has been  designated  as  registered
 agent  for such limited liability company may be signed and delivered to
 the department of state by such agent. The certificate of  change  shall
 set forth the statements required under subdivision (a) of this section;
 that  a  notice of the proposed change was mailed to the foreign limited
 liability company by the party signing the  certificate  not  less  than
 thirty days prior to the date of delivery to the department of state and
 that  such  foreign  limited liability company has not objected thereto;
 and that the party signing the certificate is the agent of such  foreign

 S. 2506--C                         101                        A. 3006--C
 
 limited  liability  company  to  whose address the secretary of state is
 required to mail copies of process, AND/OR THE  AGENT  OF  SUCH  FOREIGN
 LIMITED  LIABILITY COMPANY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE
 IS  REQUIRED  TO  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS
 BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE,  or  the  regis-
 tered  agent,  if  such  be the case. A certificate signed and delivered
 under this subdivision shall  not  be  deemed  to  effect  a  change  of
 location of the office of the foreign limited liability company in whose
 behalf such certificate is filed.
   §  25.  Paragraph  6  of subdivision (b) of section 806 of the limited
 liability company law is amended to read as follows:
   (6) a post office address within or without this state  to  which  the
 secretary  of  state  shall mail a copy of any process against it served
 upon him or her.  THE LIMITED LIABILITY COMPANY  MAY  INCLUDE  AN  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  26.  Section 807 of the limited liability company law is amended to
 read as follows:
   § 807. Termination of existence.  When  a  foreign  limited  liability
 company that has received a certificate of authority is dissolved or its
 authority  to  conduct its business or existence is otherwise terminated
 or canceled in the jurisdiction of its formation or  when  such  foreign
 limited  liability  company  is merged into or consolidated with another
 foreign limited liability company, (a) a certificate of the secretary of
 state or official performing  the  equivalent  function  as  to  limited
 liability  company  records  in the jurisdiction of organization of such
 limited liability company attesting to the occurrence of any such  event
 or  (b) a certified copy of an order or decree of a court of such juris-
 diction directing the dissolution  of  such  foreign  limited  liability
 company,  the  termination  of  its  existence  or  the surrender of its
 authority shall be delivered to the department of state. The  filing  of
 the  certificate,  order  or  decree  shall  have the same effect as the
 filing of a certificate of surrender of authority  under  section  eight
 hundred  six  of  this article. The secretary of state shall continue as
 agent of the foreign limited liability company upon whom process against
 it may be served in the manner set forth in article three of this  chap-
 ter,  in any action or proceeding based upon any liability or obligation
 incurred by the foreign limited  liability  company  within  this  state
 prior  to  the  filing  of  such  certificate, order or decree. The post
 office address AND/OR EMAIL ADDRESS may be changed by  filing  with  the
 department  of  state  a  certificate  of  amendment under section eight
 hundred four of this article.
   § 27. Paragraph 11 of subdivision (a) of section 1003 of  the  limited
 liability company law, as amended by chapter 374 of the laws of 1998, is
 amended to read as follows:
   (11)  a  designation  of the secretary of state as its agent upon whom
 process against it may be served in the  manner  set  forth  in  article
 three  of  this  chapter in any action or special proceeding, and a post
 office address, within or without this state, to which the secretary  of
 state  shall  mail  a  copy  of any process served upon him or her.  THE
 LIMITED LIABILITY COMPANY MAY INCLUDE AN  EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT  HAS  BEEN  ELECTRONICALLY  SERVED  UPON HIM OR HER. Such post office
 address OR EMAIL ADDRESS shall supersede any prior address designated as
 the address to which process shall be mailed OR A NOTICE EMAILED;

 S. 2506--C                         102                        A. 3006--C
 
   § 28. Paragraph 6 of subdivision (a) of section 1306  of  the  limited
 liability company law is amended to read as follows:
   (6)  a  designation  of  the secretary of state as its agent upon whom
 process against it may be served and the post office address  within  or
 without  this state to which the secretary of state shall mail a copy of
 any process against it served upon him or  her.  THE  LIMITED  LIABILITY
 COMPANY  MAY  INCLUDE  AN  EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN  ELEC-
 TRONICALLY SERVED UPON HIM OR HER; and
   §  29.  Paragraph (d) of section 304 of the not-for-profit corporation
 law, as amended by chapter 358 of the laws of 2015, is amended  to  read
 as follows:
   (d) Any designated post-office address to which the secretary of state
 shall mail a copy of process served upon him or her as agent of a domes-
 tic  corporation  formed  under  article four of this chapter or foreign
 corporation, shall continue until the filing of a certificate  OR  OTHER
 INSTRUMENT under this chapter directing the mailing to a different post-
 office  address  AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS  HAS  BEEN  ELEC-
 TRONICALLY  SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION OR
 FOREIGN CORPORATION, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR
 OTHER INSTRUMENT UNDER THIS  CHAPTER  CHANGING  OR  DELETING  THE  EMAIL
 ADDRESS.
   §  30.  Paragraph (b) of section 306 of the not-for-profit corporation
 law, as amended by chapter 23 of the laws of 2014, is amended to read as
 follows:
   (b) Service of process on the secretary of state as agent of a  domes-
 tic  corporation formed under article four of this chapter or an author-
 ized foreign corporation shall be made [by  personally]  IN  THE  MANNER
 PROVIDED  BY  SUBPARAGRAPH  ONE OR TWO OF THIS PARAGRAPH. (1) PERSONALLY
 delivering to and leaving with the secretary of  state  or  his  or  her
 deputy,  or  with  any  person  authorized  by the secretary of state to
 receive such service, at the office of the department of  state  in  the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement. Service of process
 on  such corporation shall be complete when the secretary of state is so
 served.  The secretary of state shall promptly send one of  such  copies
 by certified mail, return receipt requested, to such corporation, at the
 post  office  address, on file in the department of state, specified for
 the purpose. If a domestic corporation formed under article four of this
 chapter or an authorized foreign corporation has no such address on file
 in the department of state, the secretary of state shall  so  mail  such
 copy  to such corporation at the address of its office within this state
 on file in the department.  (2) ELECTRONICALLY SUBMITTING A COPY OF  THE
 PROCESS  TO  THE  DEPARTMENT  OF  STATE TOGETHER WITH THE STATUTORY FEE,
 WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC  SYSTEM
 OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED
 FOREIGN  CORPORATION  HAS  AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF
 STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT
 THAT  PROCESS  HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE.
 SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRE-
 TARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE  OF  SUCH  PROCESS.  THE
 SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS
 AGAINST SUCH CORPORATION HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO
 SUCH  CORPORATION  AT  THE  EMAIL  ADDRESS  ON FILE IN THE DEPARTMENT OF

 S. 2506--C                         103                        A. 3006--C
 
 STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY  OF  THE  PROCESS
 AVAILABLE TO SUCH CORPORATION.
   §  30-a. The not-for-profit corporation law is amended by adding a new
 section 306-a to read as follows:
 § 306-A. ELECTRONIC SERVICE OF PROCESS.
   THE SECRETARY SHALL ADVISE ANY CORPORATION SUBJECT TO THE LAWS OF THIS
 CHAPTER IN PROMINENT WRITTEN FORM AS FOLLOWS: (A) ELECTRONIC SERVICE  OF
 PROCESS  AUTHORIZED  BY  THE  PROVISIONS  OF THIS CHAPTER IS AN OPTIONAL
 PROGRAM AT NO ADDITIONAL COST TO THE USER; (B) ANY  CORPORATION  SUBJECT
 TO  THE LAWS OF THIS CHAPTER WILL CONTINUE TO RECEIVE SERVICE OF PROCESS
 BY MAIL UNLESS SUCH CORPORATION NOTIFIES THE SECRETARY OF AN AFFIRMATIVE
 CHOICE TO RECEIVE SERVICE OF PROCESS BY WAY OF THE PROGRAM THROUGH ELEC-
 TRONIC MEANS, IN WHICH CASE DIGITAL COPIES WILL BE MADE  ACCESSIBLE  BUT
 PAPER  DOCUMENTS WILL NOT BE MAILED; AND (C) SUCH CHOICE MAY BE REVERSED
 BY THE CORPORATION AT ANY TIME AND, THEREAFTER,  SERVICE  BY  MAIL  WILL
 RESUME.
   §  31.  Paragraph (b) of section 307 of the not-for-profit corporation
 law is amended to read as follows:
   (b) (1) Service of such process upon the secretary of state  shall  be
 made [by personally] IN THE MANNER PROVIDED BY ITEMS (I) OR (II) OF THIS
 SUBPARAGRAPH. EITHER OPTION OF SERVICE AUTHORIZED PURSUANT TO THIS PARA-
 GRAPH  SHALL  BE  AVAILABLE  AT  NO  EXTRA  COST  TO  THE  CONSUMER. (I)
 PERSONALLY delivering to and leaving with him or his deputy, or with any
 person authorized by the secretary of state to receive such service,  at
 the  office  of the department of state in the city of Albany, a copy of
 such process together with the statutory fee, which fee shall be a taxa-
 ble disbursement. [Such service] (II) ELECTRONICALLY SUBMITTING  A  COPY
 OF  THE  PROCESS  TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY
 FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT,  THROUGH  AN  ELECTRONIC
 SYSTEM OPERATED BY THE DEPARTMENT OF STATE.
   (2) SERVICE UNDER THIS PARAGRAPH shall be sufficient if notice thereof
 and a copy of the process are:
   [(1)]  (I)  Delivered  personally  without  this state to such foreign
 corporation by a person and in the manner authorized to serve process by
 law of the jurisdiction in which service is made, or
   [(2)] (II) Sent by or on behalf  of  the  plaintiff  to  such  foreign
 corporation  by  registered  mail  with return receipt requested, at the
 post office address specified for the purpose  of  mailing  process,  on
 file in the department of state, or with any official or body performing
 the equivalent function, in the jurisdiction of its incorporation, or if
 no  such  address  is there specified, to its registered or other office
 there specified, or if no such office is there specified,  to  the  last
 address of such foreign corporation known to the plaintiff.
   §  32.  Subparagraph 6 of paragraph (a) of section 402 of the not-for-
 profit corporation law, as added by chapter 564 of the laws of 1981  and
 as  renumbered by chapter 132 of the laws of 1985, is amended to read as
 follows:
   (6) A designation of the secretary of state as  agent  of  the  corpo-
 ration  upon  whom  process against it may be served and the post office
 address within or without this state to which  the  secretary  of  state
 shall  mail a copy of any process against it served upon him OR HER. THE
 CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN  ELEC-
 TRONICALLY SERVED UPON HIM OR HER.
   §  33.  Paragraph (b) of section 801 of the not-for-profit corporation
 law is amended by adding a new paragraph 10 to read as follows:

 S. 2506--C                         104                        A. 3006--C
 
   (10) TO SPECIFY, CHANGE OR DELETE  THE  EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY  OF STATE SHALL EMAIL A NOTICE THAT PROCESS AGAINST THE CORPO-
 RATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  34.  Paragraph (c) of section 802 of the not-for-profit corporation
 law is amended by adding a new paragraph 4 to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  35.  Subparagraph 6 of paragraph (a) of section 803 of the not-for-
 profit corporation law, as amended by chapter 23 of the laws of 2014, is
 amended to read as follows:
   (6) A designation of the secretary of state as  agent  of  the  corpo-
 ration  upon  whom  process against it may be served and the post office
 address within or without this state to which  the  secretary  of  state
 shall  mail  a copy of any process against it served upon the secretary.
 THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE  SECRETARY  OF
 STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER.
   § 36. Paragraph (b) of section 803-A of the not-for-profit corporation
 law, as amended by chapter 172 of the laws of 1999, is amended  to  read
 as follows:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 the  corporation  served  upon  him  or HER, AND/OR THE EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY  SERVED  UPON  THE  SECRETARY  OF
 STATE, AND/OR the address of the registered agent, provided such address
 being  changed  is  the address of a person, partnership or other corpo-
 ration whose address, as agent, is  the  address  to  be  changed  [or],
 AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,
 PARTNERSHIP  OR OTHER CORPORATION, WHOSE EMAIL ADDRESS, AS AGENT, IS THE
 EMAIL ADDRESS TO BE CHANGED, AND/OR who has been  designated  as  regis-
 tered  agent  for  such  corporation, may be signed and delivered to the
 department of state by such agent. The certificate of change  shall  set
 forth  the  statements  required under subparagraphs (1), (2) and (3) of
 paragraph (a) of this section; that a notice of the proposed change  was
 mailed  to the corporation by the party signing the certificate not less
 than thirty days prior to the date of delivery  to  the  department  and
 that such corporation has not objected thereto; and that the party sign-
 ing  the  certificate  is the agent of such corporation to whose address
 the secretary of state is required to mail copies of any process against
 the corporation served upon him or HER, AND/OR THE AGENT OF  THE  CORPO-
 RATION  TO WHOSE THE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER, AND/OR the registered  agent,  if
 such  be  the  case. A certificate signed and delivered under this para-
 graph shall not be deemed to effect a change of location of  the  office
 of the corporation in whose behalf such certificate is filed.
   §  37. Paragraph (c) of section 1310 of the not-for-profit corporation
 law, as amended by chapter 172 of the laws of 1999, is amended and a new
 subparagraph 4 is added to paragraph (a) to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (c) A certificate of change of application for authority which changes
 only  the post office address to which the secretary of state shall mail

 S. 2506--C                         105                        A. 3006--C
 
 a copy of any process against an authorized foreign  corporation  served
 upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL  A  NOTICE  OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON-
 ICALLY  SERVED  UPON  THE  SECRETARY  OF  STATE AND/OR which changes the
 address of its registered agent, provided such address is the address of
 a person, partnership or other corporation whose address, as  agent,  is
 the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE
 EMAIL  ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL
 ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who  has  been
 designated  as registered agent for such authorized foreign corporation,
 may be signed and delivered to the department of state  by  such  agent.
 The  certificate  of change of application for authority shall set forth
 the statements required under subparagraphs (1), (2),  (3)  and  (4)  of
 paragraph  (b) of this section; that a notice of the proposed change was
 mailed by the party signing the certificate to  the  authorized  foreign
 corporation  not  less than thirty days prior to the date of delivery to
 the department and that such corporation has not objected  thereto;  and
 that  the  party  signing  the  certificate is the agent of such foreign
 corporation to whose address the secretary of state is required to  mail
 copies  of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO
 WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE
 OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED  UPON
 THE  SECRETARY  OF  STATE,  AND/OR  the registered agent, if such be the
 case. A certificate signed and delivered under this paragraph shall  not
 be  deemed  to  effect  a change of location of the office of the corpo-
 ration in whose behalf such certificate is filed.
   § 38. Subparagraph 6 of paragraph (a) of section 1311 of the  not-for-
 profit corporation law is amended to read as follows:
   (6)  A  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  39.  Section 1312 of the not-for-profit corporation law, as amended
 by chapter 375 of the laws of 1998, is amended to read as follows:
 § 1312. Termination of existence.
   When an authorized foreign corporation is dissolved or  its  authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its  incorporation  or  when  such foreign corporation is merged into or
 consolidated with another foreign  corporation,  a  certificate  of  the
 secretary of state, or official performing the equivalent function as to
 corporate  records, of the jurisdiction of incorporation of such foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution of such foreign corporation, the termination of  its  exist-
 ence  or  the  cancellation  of  its authority shall be delivered to the
 department of state.  The filing of the  certificate,  order  or  decree
 shall  have  the same effect as the filing of a certificate of surrender
 of authority under section 1311 (Surrender of authority).  The secretary
 of state shall continue as agent of the foreign  corporation  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding  based  upon  any  liability  or  obligation  incurred by the
 foreign corporation within this  state  prior  to  the  filing  of  such
 certificate,  order  or decree and he shall promptly cause a copy of any
 such process to be mailed by [registered] CERTIFIED mail, return receipt

 S. 2506--C                         106                        A. 3006--C
 
 requested, to such foreign corporation at the  post  office  address  on
 file  in his OR HER office specified for such purpose OR A NOTICE OF THE
 FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN SERVED ON HIM OR  HER
 TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN
 HIS  OR  HER OFFICE SPECIFIED FOR SUCH PURPOSE.  The post office address
 AND/OR EMAIL ADDRESS may be changed by signing  and  delivering  to  the
 department of state a certificate of change setting forth the statements
 required  under  section  1310  (Certificate  of change[,]; contents) to
 effect a change in the post office address AND/OR  EMAIL  ADDRESS  under
 subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes).
   §  40.  Subdivision  (c) of section 121-104 of the partnership law, as
 added by chapter 950 of the laws of 1990, is amended to read as follows:
   (c) Any designated post office address to which the secretary of state
 shall mail a copy of process served upon him  as  agent  of  a  domestic
 limited  partnership or foreign limited partnership shall continue until
 the filing of a certificate  OR  OTHER  INSTRUMENT  under  this  article
 directing  the mailing to a different post office address AND ANY DESIG-
 NATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF THE FACT THAT PROCESS AGAINST SUCH DOMESTIC  LIMITED  PARTNERSHIP  OR
 FOREIGN  LIMITED  PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR
 HER AS AGENT OF A DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED  PART-
 NERSHIP,  SHALL  CONTINUE  UNTIL  THE  FILING  OF A CERTIFICATE OR OTHER
 INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS.
   § 41. Subdivision (a) and the opening paragraph of subdivision (b)  of
 section  121-109  of the partnership law, as added by chapter 950 of the
 laws of 1990 and as relettered by chapter 341 of the laws of  1999,  are
 amended to read as follows:
   (a)  Service of process on the secretary of state as agent of a domes-
 tic  or  authorized  foreign  limited  partnership  shall  be  made  [as
 follows:]  IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDI-
 VISION. EITHER OPTION OF SERVICE AUTHORIZED PURSUANT TO THIS SUBDIVISION
 SHALL BE AVAILABLE AT NO EXTRA COST TO THE CONSUMER.
   (1) By personally delivering to and leaving with him OR HER or his  OR
 HER  deputy,  or with any person authorized by the secretary of state to
 receive such service, at the office of the department of  state  in  the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement.
   [(2)]  The  service  on  the  limited partnership is complete when the
 secretary of state is so served.
   [(3)] The secretary of state shall promptly send one of such copies by
 certified mail, return receipt requested, addressed to the limited part-
 nership at the post office address, on file in the department of  state,
 specified for that purpose.
   (2)  ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT
 OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE  A  TAXABLE
 DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
 STATE,  PROVIDED  THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP
 HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF  STATE  TO  WHICH  THE
 SECRETARY  OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS HAS
 BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE AS  AGENT  OF  SUCH
 DOMESTIC  OR  AUTHORIZED FOREIGN LIMITED PARTNERSHIP. SERVICE OF PROCESS
 ON SUCH LIMITED PARTNERSHIP OR AUTHORIZED  FOREIGN  LIMITED  PARTNERSHIP
 SHALL  BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED
 SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL  PROMPTLY  SEND  A
 NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH LIMITED PARTNER-
 SHIP  AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED

 S. 2506--C                         107                        A. 3006--C
 
 FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE  TO  SUCH
 LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP.
   In  any  case  in  which  a  non-domiciliary  would  be subject to the
 personal or other jurisdiction of the courts of this state under article
 three of the civil practice law and rules, a foreign limited partnership
 not authorized to do business in this state is subject to a like  juris-
 diction. In any such case, process against such foreign limited partner-
 ship  may be served upon the secretary of state as its agent. Such proc-
 ess may issue in any court in this  state  having  jurisdiction  of  the
 subject matter.  Service of process upon the secretary of state shall be
 made  [by  personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF
 THIS SUBDIVISION. EITHER OPTION OF SERVICE AUTHORIZED PURSUANT  TO  THIS
 PARAGRAPH  SHALL  BE  AVAILABLE  AT  NO EXTRA COST TO THE CONSUMER.  (1)
 PERSONALLY delivering to and leaving with him or his deputy, or with any
 person authorized by the secretary of state to receive such service,  at
 the  office  of the department of state in the city of Albany, a copy of
 such process together with the statutory fee, which fee shall be a taxa-
 ble disbursement.  (2) ELECTRONICALLY SUBMITTING A COPY OF  THE  PROCESS
 TO  THE  DEPARTMENT  OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE
 SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC  SYSTEM  OPERATED
 BY  THE  DEPARTMENT OF STATE. Such service shall be sufficient if notice
 thereof and a copy of the process are:
   § 41-a. The partnership  law  is  amended  by  adding  a  new  section
 121-109-a to read as follows:
   §  121-109-A.  ELECTRONIC  SERVICE  OF PROCESS. THE SECRETARY OF STATE
 SHALL ADVISE ANY PARTNERSHIP SUBJECT TO THE  LAWS  OF  THIS  ARTICLE  IN
 PROMINENT  WRITTEN  FORM  AS  FOLLOWS: (A) ELECTRONIC SERVICE OF PROCESS
 AUTHORIZED BY THE PROVISIONS OF THIS CHAPTER IS AN OPTIONAL  PROGRAM  AT
 NO  ADDITIONAL COST TO THE USER; (B) ANY PARTNERSHIP SUBJECT TO THE LAWS
 OF THIS CHAPTER WILL CONTINUE TO RECEIVE  SERVICE  OF  PROCESS  BY  MAIL
 UNLESS  SUCH PARTNERSHIP NOTIFIES THE SECRETARY OF AN AFFIRMATIVE CHOICE
 TO RECEIVE SERVICE OF PROCESS BY WAY OF THE PROGRAM  THROUGH  ELECTRONIC
 MEANS,  IN  WHICH  CASE DIGITAL COPIES WILL BE MADE ACCESSIBLE BUT PAPER
 DOCUMENTS WILL NOT BE MAILED; AND (C) SUCH CHOICE MAY BE REVERSED BY THE
 PARTNERSHIP AT ANY TIME AND, THEREAFTER, SERVICE BY MAIL WILL RESUME.
   § 42. Paragraph 3 of subdivision (a) of section 121-201 of  the  part-
 nership  law,  as amended by chapter 264 of the laws of 1991, is amended
 to read as follows:
   (3) a designation of the secretary of state as agent  of  the  limited
 partnership  upon  whom  process  against  it may be served and the post
 office address within or without this state to which  the  secretary  of
 state  shall  mail  a  copy of any process against it served upon him OR
 HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   §  43.  Paragraph 4 of subdivision (b) of section 121-202 of the part-
 nership law, as amended by chapter 576 of the laws of 1994,  is  amended
 to read as follows:
   (4)  a  change  in the name of the limited partnership, or a change in
 the post office address to which the secretary of  state  shall  mail  a
 copy  of  any  process  against the limited partnership served on him OR
 HER, A CHANGE IN THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED  PARTNERSHIP
 HAS  BEEN ELECTRONICALLY SERVED UPON HIM OR HER, or a change in the name
 or address of the registered agent, if such change is  made  other  than
 pursuant to section 121-104 or 121-105 of this article.

 S. 2506--C                         108                        A. 3006--C
 
   §  44. The opening paragraph of subdivision (a) and subdivision (b) of
 section 121-202-A of the partnership law, as added by chapter 448 of the
 laws of 1998, are amended to read as follows:
   A certificate of limited partnership may be changed by filing with the
 department  of  state  a  certificate of change entitled "Certificate of
 Change of ..... (name of limited partnership) under Section 121-202-A of
 the Revised Limited Partnership Act" and shall be signed  and  delivered
 to  the  department of state. A certificate of change may (i) specify or
 change the location of the limited partnership's office; (ii) specify or
 change the post office address to which the  secretary  of  state  shall
 mail  a copy of process against the limited partnership served upon him;
 [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE  LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
 AND (IV) make, revoke or change the designation of a  registered  agent,
 or  to  specify  or change the address of its registered agent. It shall
 set forth:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a limited partnership served upon him or   HER,  THE  EMAIL  ADDRESS  TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS  AGAINST  IT  HAS  BEEN  ELECTRONICALLY SERVED UPON THE SECRETARY OF
 STATE, AND/OR the address of the registered agent, provided such address
 being changed is the address of a  person,  partnership  or  corporation
 whose  address, as agent, is the address to be changed, AND/OR THE EMAIL
 ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,  PARTNERSHIP  OR
 OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO
 BE  CHANGED,  or  who  has  been designated as registered agent for such
 limited partnership shall be signed and delivered to the  department  of
 state  by  such  agent.  The  certificate  of change shall set forth the
 statements required under subdivision (a) of this section; that a notice
 of the proposed change was mailed to the domestic limited partnership by
 the party signing the certificate not less than thirty days prior to the
 date of delivery to the department  of  state  and  that  such  domestic
 limited partnership has not objected thereto; and that the party signing
 the  certificate  is  the  agent  of  such  limited partnership to whose
 address the secretary of state is required to  mail  copies  of  process
 [or],  AND/OR THE AGENT TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS
 REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS  BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent,  if  such  be  the case. A certificate signed and delivered under
 this subdivision shall not be deemed to effect a change of  location  of
 the  office  of the limited partnership in whose behalf such certificate
 is filed.
   § 45. Paragraph 4 of subdivision (a) of section 121-902 of  the  part-
 nership  law,  as amended by chapter 172 of the laws of 1999, is amended
 to read as follows:
   (4) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process against it served upon him  OR HER. THE LIMITED PARTNERSHIP
 MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL
 A NOTICE OF THE FACT THAT PROCESS AGAINST  IT  HAS  BEEN  ELECTRONICALLY
 SERVED UPON HIM OR HER;

 S. 2506--C                         109                        A. 3006--C

   §  46. The opening paragraph of subdivision (a) and subdivision (b) of
 section 121-903-A of the partnership law, as added by chapter 448 of the
 laws of 1998, are amended to read as follows:
   A foreign limited partnership may change its application for authority
 by  filing with the department of state a certificate of change entitled
 "Certificate of Change of ........ (name of limited  partnership)  under
 Section  121-903-A  of the Revised Limited Partnership Act" and shall be
 signed and delivered to the department of state. A certificate of change
 may (i) change the location of the limited  partnership's  office;  (ii)
 change  the  post  office  address to which the secretary of state shall
 mail a copy of process against the limited partnership served upon  him;
 [and]  (iii)    SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR  HER;
 AND  (IV)  make, revoke or change the designation of a registered agent,
 or to specify or change the address of its registered  agent.  It  shall
 set forth:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  foreign  limited partnership served upon him or HER, AND/OR THE EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON  THE  SECRE-
 TARY OF STATE, AND/OR the address of the registered agent, provided such
 address  being changed is the address of a person, partnership or corpo-
 ration whose address, as agent, is the address to be changed, AND/OR THE
 EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A  PERSON,  PARTNER-
 SHIP  OR  OTHER  CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL
 ADDRESS TO BE CHANGED, or who has been designated  as  registered  agent
 for  such  foreign  limited partnership shall be signed and delivered to
 the department of state by such agent. The certificate of  change  shall
 set forth the statements required under subdivision (a) of this section;
 that  a  notice of the proposed change was mailed to the foreign limited
 partnership by the party signing the certificate not  less  than  thirty
 days  prior  to the date of delivery to the department of state and that
 such foreign limited partnership has not objected thereto; and that  the
 party signing the certificate is the agent of such foreign limited part-
 nership  to  whose  address  the  secretary of state is required to mail
 copies of process [or], THE EMAIL ADDRESS OF THE PARTY  TO  WHOSE  EMAIL
 ADDRESS  THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON  THE  SECRE-
 TARY  OF  STATE  AND/OR  the  registered  agent,  if such be the case. A
 certificate signed and delivered under this  subdivision  shall  not  be
 deemed to effect a change of location of the office of the limited part-
 nership in whose behalf such certificate is filed.
   §  47.  Paragraph 6 of subdivision (b) of section 121-905 of the part-
 nership law, as added by chapter 950 of the laws of 1990, is amended  to
 read as follows:
   (6)  a  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  48.  Section  121-906 of the partnership law, as amended by chapter
 172 of the laws of 1999, is amended to read as follows:
   § 121-906. Termination of existence. When a foreign  limited  partner-
 ship  which  has received a certificate of authority is dissolved or its

 S. 2506--C                         110                        A. 3006--C

 authority to conduct its business or existence is  otherwise  terminated
 or  cancelled  in  the  jurisdiction  of  its  organization or when such
 foreign limited partnership is merged into or consolidated with  another
 foreign  limited  partnership,  (i)  a  certificate  of the secretary of
 state, or official performing the  equivalent  function  as  to  limited
 partnership records, in the jurisdiction of organization of such limited
 partnership  attesting  to  the  occurrence of any such event, or (ii) a
 certified copy of an order or decree of a  court  of  such  jurisdiction
 directing  the  dissolution  of  such  foreign  limited partnership, the
 termination of its existence or the surrender of its authority, shall be
 delivered to the department of state. The  filing  of  the  certificate,
 order  or  decree  shall have the same effect as the filing of a certif-
 icate of surrender of authority under section 121-905 of  this  article.
 The  secretary  of  state shall continue as agent of the foreign limited
 partnership upon whom process against it may be served in the manner set
 forth in section 121-109 of this article, in any  action  or  proceeding
 based  upon  any liability or obligation incurred by the foreign limited
 partnership within this state prior to the filing of  such  certificate,
 order  or  decree.  The  post office address AND/OR EMAIL ADDRESS may be
 changed by filing with the department of state a certificate  of  amend-
 ment  under  section  121-903  or  a certificate of change under section
 121-903-A of this article.
   § 49. Paragraph 7 of subdivision (a) of section 121-1103 of the  part-
 nership  law, as added by chapter 950 of the laws of 1990, is amended to
 read as follows:
   (7) A designation of the secretary of state as  its  agent  upon  whom
 process  against  it  may  be  served in the manner set forth in section
 121-109 of this article in any action or special proceeding, and a  post
 office  address, within or without this state, to which the secretary of
 state shall mail a copy of any process  served  upon  him  OR  HER.  THE
 LIMITED  PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address OR
 EMAIL ADDRESS shall  supersede  any  prior  address  designated  as  the
 address to which process shall be mailed OR A NOTICE EMAILED.
   §  50. Subparagraph 4 of paragraph (I) of subdivision (a) and subdivi-
 sion (j-1) of section 121-1500 of the partnership law, paragraph (I)  of
 subdivision  (a)  as  amended  by chapter 643 of the laws of 1995 and as
 redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as
 added by chapter 448 of the  laws  of  1998,  are  amended  to  read  as
 follows:
   (4)  a  designation of the secretary of state as agent of the partner-
 ship without limited partners upon whom process against it may be served
 and the post office address within or without this state  to  which  the
 secretary of state shall mail a copy of any process against it or served
 upon  it.  THE PARTNERSHIP WITHOUT LIMITED PARTNERS MAY INCLUDE AN EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   (j-1) A certificate of change  which  changes  only  the  post  office
 address to which the secretary of state shall mail a copy of any process
 against  a  registered  limited liability partnership served upon him or
 HER, AND/OR THE EMAIL ADDRESS TO WHICH  THE  SECRETARY  OF  STATE  SHALL
 EMAIL  A  NOTICE  OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON-
 ICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR  the  address  of  the
 registered  agent, provided such address being changed is the address of
 a person, partnership or corporation whose address,  as  agent,  is  the

 S. 2506--C                         111                        A. 3006--C
 
 address  to  be  changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS
 THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR  OTHER  CORPORATION  WHOSE
 EMAIL  ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who
 has  been  designated  as  registered  agent for such registered limited
 liability partnership shall be signed and delivered to the department of
 state by such agent. The certificate of change shall set forth: (i)  the
 name of the registered limited liability partnership and, if it has been
 changed,  the  name under which it was originally filed with the depart-
 ment of state; (ii) the date of filing of its  initial  registration  or
 notice statement; (iii) each change effected thereby; (iv) that a notice
 of  the  proposed change was mailed to the limited liability partnership
 by the party signing the certificate not less than thirty days prior  to
 the  date  of  delivery to the department of state and that such limited
 liability partnership has not objected thereto; and (v) that  the  party
 signing  the certificate is the agent of such limited liability partner-
 ship to whose address the secretary of state is required to mail  copies
 of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS
 REQUIRED  TO  MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent, if such be the case. A certificate  signed  and  delivered  under
 this  subdivision  shall not be deemed to effect a change of location of
 the office of the limited liability partnership  in  whose  behalf  such
 certificate  is filed. The certificate of change shall be accompanied by
 a fee of five dollars.
   § 51. Paragraph (v)  of  subdivision  (a)  and  subdivision  (i-1)  of
 section  121-1502  of  the partnership law, paragraph (v) of subdivision
 (a) as amended by chapter 470 of the laws of 1997 and subdivision  (i-1)
 as  added  by  chapter  448  of the laws of 1998, are amended to read as
 follows:
   (v) a designation of the secretary of state as agent  of  the  foreign
 limited liability partnership upon whom process against it may be served
 and  the  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process against it or served
 upon it. THE FOREIGN LIMITED LIABILITY PARTNERSHIP MAY INCLUDE AN  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   (i-1)  A  certificate  of  change  which  changes only the post office
 address to which the secretary of state shall mail a copy of any process
 against a New York  registered  foreign  limited  liability  partnership
 served  upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON  THE  SECRETARY  OF STATE, AND/OR the
 address of the registered agent, provided such address being changed  is
 the  address  of  a person, partnership or corporation whose address, as
 agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING
 CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP  OR  OTHER  CORPO-
 RATION  WHOSE  EMAIL  ADDRESS,  AS  AGENT,  IS  THE  EMAIL ADDRESS TO BE
 CHANGED, AND/OR who has been designated  as  registered  agent  of  such
 registered  foreign  limited  liability  partnership shall be signed and
 delivered to the department of state by such agent. The  certificate  of
 change  shall set forth: (i) the name of the New York registered foreign
 limited liability partnership; (ii) the date of filing  of  its  initial
 registration  or  notice  statement; (iii) each change effected thereby;
 (iv) that a notice of the proposed change  was  mailed  to  the  limited
 liability partnership by the party signing the certificate not less than
 thirty days prior to the date of delivery to the department of state and

 S. 2506--C                         112                        A. 3006--C
 
 that  such  limited  liability partnership has not objected thereto; and
 (v) that the party signing the certificate is the agent of such  limited
 liability  partnership  to  whose  address  the  secretary  of  state is
 required  to  mail copies of process [or], AND/OR TO WHOSE EMAIL ADDRESS
 THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE  OF  THE  FACT  THAT
 PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF
 STATE, AND/OR the registered agent, if such be the case.  A  certificate
 signed  and  delivered  under  this  subdivision  shall not be deemed to
 effect a change of location of the office of the limited liability part-
 nership in whose behalf such certificate is filed.  The  certificate  of
 change shall be accompanied by a fee of five dollars.
   §  52.  Subdivision (a) of section 121-1505 of the partnership law, as
 added by chapter 470 of the laws of 1997, is amended to read as follows:
   (a) Service of process on the secretary of state as agent of a  regis-
 tered  limited  liability  partnership  OR  NEW  YORK REGISTERED FOREIGN
 LIMITED LIABILITY PARTNERSHIP under  this  article  shall  be  made  [by
 personally]  IN  THE  MANNER  PROVIDED  BY  PARAGRAPH ONE OR TWO OF THIS
 SUBDIVISION.   EITHER OPTION OF  SERVICE  AUTHORIZED  PURSUANT  TO  THIS
 SUBDIVISION  SHALL  BE  AVAILABLE AT NO EXTRA COST TO THE CONSUMER.  (1)
 PERSONALLY delivering to and leaving with the secretary of  state  or  a
 deputy,  or  with  any  person  authorized  by the secretary of state to
 receive such service, at the office of the department of  state  in  the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement. Service of process
 on  such registered limited liability partnership shall be complete when
 the secretary of state is  so  served.  The  secretary  of  state  shall
 promptly  send  one  of  such  copies  by certified mail, return receipt
 requested, to such registered limited liability partnership, at the post
 office address on file in the department of  state  specified  for  such
 purpose.  (2)  ELECTRONICALLY  SUBMITTING  A  COPY OF THE PROCESS TO THE
 DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL  BE
 A  TAXABLE  DISBURSEMENT,  THROUGH  AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE, PROVIDED THE REGISTERED LIMITED LIABILITY  PARTNER-
 SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS AN
 EMAIL  ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE  FACT  THAT  PROCESS  AGAINST  SUCH
 REGISTERED  LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN
 LIMITED LIABILITY PARTNERSHIP SERVED HAS BEEN ELECTRONICALLY  SERVED  ON
 THE  SECRETARY  OF  STATE. SERVICE OF PROCESS ON SUCH REGISTERED LIMITED
 LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN  LIMITED  LIABILITY
 PARTNERSHIP  SHALL  BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED
 AND ACCEPTED SERVICE OF SUCH  PROCESS.  THE  SECRETARY  OF  STATE  SHALL
 PROMPTLY  SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH REGISTERED
 LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  REGISTERED  FOREIGN  LIMITED
 LIABILITY PARTNERSHIP HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO
 SUCH  REGISTERED  LIMITED  LIABILITY  PARTNERSHIP OR NEW YORK REGISTERED
 FOREIGN LIMITED LIABILITY PARTNERSHIP AT THE EMAIL ADDRESS  ON  FILE  IN
 THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY
 OF  THE  PROCESS AVAILABLE TO SUCH REGISTERED LIMITED LIABILITY PARTNER-
 SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP.
   § 52-a. The partnership  law  is  amended  by  adding  a  new  section
 121-1505-a to read as follows:
   §  121-1505-A.  ELECTRONIC  SERVICE OF PROCESS. THE SECRETARY OF STATE
 SHALL ADVISE ANY PARTNERSHIP SUBJECT TO THE  LAWS  OF  THIS  ARTICLE  IN
 PROMINENT  WRITTEN  FORM  AS  FOLLOWS: (A) ELECTRONIC SERVICE OF PROCESS
 AUTHORIZED BY THE PROVISIONS OF THIS CHAPTER IS AN OPTIONAL  PROGRAM  AT

 S. 2506--C                         113                        A. 3006--C
 
 NO  ADDITIONAL COST TO THE USER; (B) ANY PARTNERSHIP SUBJECT TO THE LAWS
 OF THIS CHAPTER WILL CONTINUE TO RECEIVE  SERVICE  OF  PROCESS  BY  MAIL
 UNLESS  SUCH PARTNERSHIP NOTIFIES THE SECRETARY OF AN AFFIRMATIVE CHOICE
 TO  RECEIVE  SERVICE OF PROCESS BY WAY OF THE PROGRAM THROUGH ELECTRONIC
 MEANS, IN WHICH CASE DIGITAL COPIES WILL BE MADE  ACCESSIBLE  BUT  PAPER
 DOCUMENTS WILL NOT BE MAILED; AND (C) SUCH CHOICE MAY BE REVERSED BY THE
 PARTNERSHIP AT ANY TIME AND, THEREAFTER, SERVICE BY MAIL WILL RESUME.
   §  53.  Subdivision  7  of  section 339-n of the real property law, as
 amended by chapter 346 of the laws  of  1997,  is  amended  to  read  as
 follows:
   7. A designation of the secretary of state as agent of the corporation
 or  board of managers upon whom process against it may be served AND THE
 POST OFFICE ADDRESS WITHIN OR WITHOUT THIS STATE TO WHICH THE  SECRETARY
 OF  STATE SHALL MAIL A COPY OF ANY PROCESS AGAINST IT SERVED UPON HIM OR
 HER. THE DESIGNATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON HIM OR HER. Service of process on the
 secretary of state as agent of such corporation  or  board  of  managers
 shall  be  made  [personally] IN THE MANNER PROVIDED BY PARAGRAPH (A) OR
 (B) OF THIS SUBDIVISION.  EITHER OPTION OF SERVICE  AUTHORIZED  PURSUANT
 TO THIS SUBDIVISION SHALL BE AVAILABLE AT NO EXTRA COST TO THE CONSUMER.
 (A)  PERSONALLY  delivering to and leaving with him or her or his or her
 deputy, or with any person authorized  by  the  secretary  of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which shall be a taxable disbursement. Service of process  on
 such  corporation or board of managers shall be complete when the secre-
 tary of state is so served. The secretary of state shall  promptly  send
 one  of such copies by certified mail, return receipt requested, to such
 corporation or board of managers, at the post office address, on file in
 the department of state, specified for such purpose. (B)  ELECTRONICALLY
 SUBMITTING  A  COPY  OF  THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER
 WITH THE STATUTORY FEE, WHICH  FEE  SHALL  BE  A  TAXABLE  DISBURSEMENT,
 THROUGH  AN  ELECTRONIC  SYSTEM  OPERATED  BY  THE  DEPARTMENT OF STATE,
 PROVIDED THE CORPORATION OR BOARD OF MANAGERS HAS AN  EMAIL  ADDRESS  ON
 FILE  IN  THE  DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION OR BOARD
 OF MANAGERS HAS BEEN SERVED ELECTRONICALLY ON THE  SECRETARY  OF  STATE.
 SERVICE  OF  PROCESS  ON  SUCH CORPORATION OR BOARD OF MANAGERS SHALL BE
 COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND  ACCEPTED  SERVICE
 OF  SUCH  PROCESS.  THE SECRETARY OF STATE SHALL PROMPTLY SEND NOTICE OF
 THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF
 STATE TO SUCH CORPORATION OR BOARD OF MANAGERS AT THE EMAIL  ADDRESS  ON
 FILE  IN  THE  DEPARTMENT  OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL
 MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH  CORPORATION  OR  BOARD  OF
 MANAGERS.  Nothing  in  this subdivision shall affect the right to serve
 process in any other manner permitted by law.  The corporation or  board
 of  managers  shall  also  file with the secretary of state the name and
 post office address within or without this state to which the  secretary
 of  state  shall  mail  a copy of any process against it served upon the
 secretary of state and shall update the filing as necessary.
   § 54. This act shall take effect January 1, 2023.
 
                                  PART LL

 S. 2506--C                         114                        A. 3006--C
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "community violence intervention act".
   §  2. The executive law is amended by adding a new section 636 to read
 as follows:
   § 636. COMMUNITY VIOLENCE INTERVENTION ACT. 1.  LEGISLATIVE  FINDINGS.
 THE  LEGISLATURE  HEREBY  FINDS AND DECLARES THAT GUN VIOLENCE AND OTHER
 FORMS OF VIOLENCE CONSTITUTE A CRISIS THAT POSES A SERIOUS THREAT TO THE
 HEALTH AND QUALITY OF LIFE OF ALL RESIDENTS OF THE STATE OF NEW YORK. AN
 EPIDEMIC OF VIOLENCE IS TEARING AT THE FABRIC  OF  LIFE  IN  MANY  URBAN
 AREAS.  THE  LEGISLATURE  FURTHER  FINDS  THAT FUNDS FROM THE VICTIMS OF
 CRIME ACT SHOULD BE USED TO SUPPORT HOSPITAL BASED VIOLENCE INTERVENTION
 PROGRAMS AND COMMUNITY BASED VIOLENCE INTERVENTION PROGRAMS.
   2. COMMUNITY VIOLENCE INTERVENTION GRANTS.  THE OFFICE SHALL  DEDICATE
 TEN  PERCENT  OR  MORE  OF  THE  TOTAL  FUNDING RECEIVED PER AWARD CYCLE
 PURSUANT TO THE FEDERAL VICTIMS OF CRIME ACT OF 1984 TO SUPPORT:
   (A) "COMMUNITY-BASED VIOLENCE INTERVENTION PROGRAMS" WHICH SHALL  MEAN
 A  VIOLENCE  INTERVENTION PROGRAM THAT IS: (I) A NONPROFIT ORGANIZATION;
 AND (II) PROVIDES INTENSIVE  COUNSELING,  CASE  MANAGEMENT,  AND  SOCIAL
 SERVICES  TO INDIVIDUALS WHO ARE RECOVERING FROM INJURIES RESULTING FROM
 VIOLENCE OR WHO WERE WITNESS TO ACTS OF VIOLENCE;
   (B) "HOSPITAL-BASED VIOLENCE INTERVENTION PROGRAMS" WHICH SHALL MEAN A
 VIOLENCE INTERVENTION PROGRAM THAT IS:  (I) OPERATED BY:  (A)  A  PUBLIC
 HOSPITAL;  OR (B) A NONPROFIT OR GOVERNMENT ENTITY IN COLLABORATION WITH
 A PUBLIC OR NOT-FOR-PROFIT HOSPITAL; AND (II) PROVIDES  INTENSIVE  COUN-
 SELING,  CASE  MANAGEMENT,  AND  SOCIAL  SERVICES TO INDIVIDUALS WHO ARE
 RECOVERING FROM INJURIES RESULTING FROM VIOLENCE OR WHO WERE WITNESS  TO
 ACTS OF VIOLENCE.
   3. THE OFFICE SHALL PROMULGATE GUIDANCE RELATING TO COMMUNITY VIOLENCE
 INTERVENTION  FOR  HOSPITAL-BASED  VIOLENCE  INTERVENTION  PROGRAMS  AND
 COMMUNITY-BASED VIOLENCE INTERVENTION PROGRAMS.
   (A) THIS GUIDANCE SHALL BE DESIGNED TO PROMOTE:
   (I) ALTERNATIVE FUNDING SOURCES OTHER THAN THE STATE, INCLUDING  LOCAL
 GOVERNMENT  AND  PRIVATE  SOURCES  AS  WELL  AS FUNDING FROM THE FEDERAL
 VICTIMS OF CRIME ACT OF 1984;
   (II) COORDINATION OF PUBLIC AND PRIVATE EFFORTS TO AID INDIVIDUALS WHO
 ARE RECOVERING  FROM  INJURIES  RESULTING  FROM  VIOLENCE  OR  WHO  WERE
 WITNESSES TO ACTS OF VIOLENCE; AND
   (III)  LONG RANGE DEVELOPMENT OF SERVICES TO VICTIMS OF VIOLENT CRIMES
 IN THE COMMUNITY.
   (B) THIS GUIDANCE SHALL ALSO PROVIDE FOR:
   (I) CLEARLY DEFINED AND MEASURABLE OBJECTIVES INTENDED TO  DEMONSTRATE
 THAT  A  PROGRAM  IS DEVELOPED AND EVALUATED THROUGH SCIENTIFIC RESEARCH
 AND DATA  COLLECTION  WITH  MEASURABLE  EVIDENCE  OF  POSITIVE  OUTCOMES
 RELATED TO VIOLENCE INTERVENTION;
   (II)  A  DESCRIPTION OF HOW THE NONPROFIT ORGANIZATION PROPOSES TO USE
 THE FUNDING TO:
   (A)  ESTABLISH  OR  ENHANCE  COMMUNITY-BASED   VIOLENCE   INTERVENTION
 PROGRAMS;
   (B)  ENHANCE  COORDINATION OF EXISTING VIOLENCE INTERVENTION PROGRAMS,
 IF ANY, TO MINIMIZE DUPLICATION OF SERVICES; AND
   (C) PLAN FOR THE COLLECTION OF RELEVANT DATA; AND
   (III) OUTREACH TO THE COMMUNITY AND  EDUCATION  AND  TRAINING  OF  LAW
 ENFORCEMENT AND OTHER CRIMINAL JUSTICE OFFICIALS TO THE NEEDS OF VICTIMS
 OF  VIOLENT  CRIMES  IN THE COMMUNITY, TO PERPETRATORS OF VIOLENT CRIMES
 AND TO WITNESSES OF VIOLENT CRIMES INVOLVED IN CRIMINAL PROSECUTIONS.

 S. 2506--C                         115                        A. 3006--C
 
   4. TO THE EXTENT PRACTICABLE, THE OFFICE SHALL MAKE EFFORTS TO  INFORM
 COMMUNITY-BASED VIOLENCE INTERVENTION PROGRAMS AND HOSPITAL-BASED INTER-
 VENTION PROGRAMS ABOUT ANTICIPATED AWARDS.
   § 3. This act shall take effect immediately.
 
                                  PART MM
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "comprehensive broadband connectivity act".
   § 2.  The public service law is amended by adding a new section  224-c
 to read as follows:
   §  224-C.  BROADBAND  AND FIBER OPTIC SERVICES. 1. FOR THE PURPOSES OF
 THIS SECTION:
   (A) THE TERM "SERVED" MEANS ANY LOCATION WITH AT  LEAST  TWO  INTERNET
 SERVICE  PROVIDERS  AND  AT  LEAST  ONE  SUCH PROVIDER OFFERS HIGH-SPEED
 INTERNET SERVICE.
   (B) THE TERM "UNDERSERVED" MEANS ANY LOCATION WHICH HAS FEWER THAN TWO
 INTERNET SERVICE PROVIDERS, OR HAS INTERNET SPEEDS OF AT LEAST 25  MEGA-
 BITS  PER  SECOND (MBPS) DOWNLOAD BUT LESS THAN 100 MBPS DOWNLOAD AVAIL-
 ABLE.
   (C) THE TERM "UNSERVED" MEANS ANY LOCATION WHICH HAS NO FIXED WIRELESS
 SERVICE OR WIRED SERVICE WITH SPEEDS  OF  LESS  THAN  25  MBPS  DOWNLOAD
 AVAILABLE.
   (D)  THE  TERM "HIGH-SPEED INTERNET SERVICE" MEANS INTERNET SERVICE OF
 AT LEAST 100 MBPS DOWNLOAD AND AT LEAST 10 MBPS UPLOAD.
   (E) THE TERM "BROADBAND  SERVICE"  SHALL  MEAN  A  MASS-MARKET  RETAIL
 SERVICE  THAT  PROVIDES  THE  CAPABILITY TO TRANSMIT DATA TO AND RECEIVE
 DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS,  INCLUDING    ANY
 CAPABILITIES  THAT  ARE  INCIDENTAL  TO  AND ENABLE THE OPERATION OF THE
 COMMUNICATIONS SERVICE, BUT SHALL NOT INCLUDE DIAL-UP SERVICE.
   (F) THE TERM "LOCATION" SHALL MEAN A GEOGRAPHIC AREA  SMALLER  THAN  A
 CENSUS TRACT.
   (G)  THE TERM "INTERNET SERVICE PROVIDER" SHALL MEAN ANY PERSON, BUSI-
 NESS  OR  ORGANIZATION  QUALIFIED  TO  DO  BUSINESS  IN  THIS STATE THAT
 PROVIDES INDIVIDUALS, CORPORATIONS, OR OTHER ENTITIES WITH  THE  ABILITY
 TO CONNECT TO THE INTERNET.
   2.  THE COMMISSION SHALL STUDY THE AVAILABILITY, RELIABILITY, AND COST
 OF HIGH-SPEED INTERNET AND BROADBAND SERVICES IN  NEW  YORK  STATE.  THE
 COMMISSION SHALL, TO THE EXTENT PRACTICABLE:
   (A)  IDENTIFY  AREAS AT A CENSUS BLOCK LEVEL THAT ARE SERVED BY A SOLE
 PROVIDER AND ASSESS ANY STATE REGULATORY AND STATUTORY BARRIERS  RELATED
 TO  THE  DELIVERY OF COMPREHENSIVE STATEWIDE ACCESS TO HIGH-SPEED INTER-
 NET;
   (B) REVIEW  AVAILABLE  TECHNOLOGY  TO  IDENTIFY  SOLUTIONS  THAT  BEST
 SUPPORT  HIGH-SPEED  INTERNET  SERVICE IN UNDERSERVED OR UNSERVED AREAS,
 AND MAKE RECOMMENDATIONS ON ENSURING DEPLOYMENT OF  SUCH  TECHNOLOGY  IN
 UNDERSERVED AND UNSERVED AREAS;
   (C) IDENTIFY INSTANCES DURING THE STUDY PERIOD WHERE LOCAL GOVERNMENTS
 HAVE  NOTIFIED  THE  COMMISSION OF ALLEGED NON-COMPLIANCE WITH FRANCHISE
 AGREEMENTS AND INSTANCES OF COMMISSION OR DEPARTMENT ENFORCEMENT ACTIONS
 THAT HAVE HAD A DIRECT IMPACT ON INTERNET ACCESS;
   (D) IDENTIFY LOCATIONS WHERE INSUFFICIENT ACCESS TO HIGH-SPEED  INTER-
 NET AND/OR BROADBAND SERVICE, AND/OR PERSISTENT DIGITAL DIVIDE, IS CAUS-
 ING NEGATIVE SOCIAL OR ECONOMIC IMPACT ON THE COMMUNITY; AND
   (E) PRODUCE AND PUBLISH ON ITS WEBSITE, A DETAILED INTERNET ACCESS MAP
 OF  THE  STATE,  INDICATING ACCESS TO INTERNET SERVICE BY LOCATION. SUCH

 S. 2506--C                         116                        A. 3006--C

 MAP SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION  FOR
 EACH LOCATION:
   (I) DOWNLOAD AND UPLOAD SPEEDS ADVERTISED AND EXPERIENCED;
   (II)  THE  CONSISTENCY  AND  RELIABILITY OF DOWNLOAD AND UPLOAD SPEEDS
 INCLUDING LATENCY;
   (III) THE TYPES OF INTERNET SERVICE AND TECHNOLOGIES AVAILABLE INCLUD-
 ING BUT NOT LIMITED TO DIAL-UP, BROADBAND,  WIRELESS,  FIBER,  COAX,  OR
 SATELLITE;
   (IV)  THE NUMBER OF INTERNET SERVICE PROVIDERS AVAILABLE, THE PRICE OF
 INTERNET SERVICE AVAILABLE; AND
   (V) ANY OTHER FACTORS THE COMMISSION MAY DEEM RELEVANT.
   3. THE COMMISSION SHALL SUBMIT A REPORT OF ITS FINDINGS AND  RECOMMEN-
 DATIONS  FROM  THE STUDY REQUIRED IN SUBDIVISION TWO OF THIS SECTION, TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF
 THE  ASSEMBLY  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
 SECTION, AND AN UPDATED REPORT ANNUALLY THEREAFTER.  SUCH  REPORT  SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING, TO THE EXTENT SUCH INFOR-
 MATION IS AVAILABLE:
   (A)  THE OVERALL NUMBER OF RESIDENCES WITH ACCESS TO HIGH-SPEED INTER-
 NET IDENTIFYING WHICH AREAS ARE SERVED, UNSERVED AND UNDERSERVED;
   (B) A REGIONAL SURVEY OF INTERNET  SERVICE  PRICES  IN  COMPARISON  TO
 COUNTY-LEVEL MEDIAN INCOME;
   (C) ANY RELEVANT CONSUMER SUBSCRIPTION STATISTICS;
   (D)  ANY  OTHER  METRICS OR ANALYSES THE COMMISSION DEEMS NECESSARY IN
 ORDER TO ASSESS THE AVAILABILITY,  COST,  AND  RELIABILITY  OF  INTERNET
 SERVICE IN NEW YORK STATE; AND
   (E) THE MAP MAINTAINED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION TWO OF
 THIS SECTION.
   4. THE COMMISSION SHALL HOLD AT LEAST ONE PUBLIC HEARING IN AN UPSTATE
 REGION  AND  ONE  IN A DOWNSTATE REGION WITHIN ONE YEAR OF THE EFFECTIVE
 DATE OF THIS SECTION, TO SOLICIT INPUT FROM THE PUBLIC AND OTHER  STAKE-
 HOLDERS  INCLUDING  BUT NOT LIMITED TO INTERNET SERVICE PROVIDERS, TELE-
 COMMUNICATIONS CONCERNS, LABOR ORGANIZATIONS,  PUBLIC  SAFETY  ORGANIZA-
 TIONS,  HEALTHCARE,  EDUCATION,  AGRICULTURAL  AND  OTHER  BUSINESSES OR
 ORGANIZATIONS.
   5.  TO EFFECTUATE THE PURPOSES OF THIS  SECTION,  THE  COMMISSION  MAY
 REQUEST  AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
 COMMISSION OR OTHER AGENCY OF THE STATE OR ANY  STATE  PUBLIC  AUTHORITY
 SUCH  ASSISTANCE,  INFORMATION AND DATA AS WILL ENABLE THE COMMISSION TO
 CARRY OUT ITS POWERS AND  DUTIES  UNDER  THIS  SECTION.    ADDITIONALLY,
 INTERNET  SERVICE  PROVIDERS  SHALL  PROVIDE  ANY  INFORMATION  AND DATA
 REQUESTED BY THE COMMISSION THAT IS RELATED TO THE STUDY REQUIRED  UNDER
 THIS SECTION.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                  PART NN
 
   Section 1.   The general business law  is  amended  by  adding  a  new
 section 399-zzzzz to read as follows:
   §  399-ZZZZZ.  BROADBAND  SERVICE FOR LOW-INCOME CONSUMERS. 1. FOR THE
 PURPOSES OF THIS SECTION, THE TERM  "BROADBAND  SERVICE"  SHALL  MEAN  A
 MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA
 TO  AND  RECEIVE  DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS,
 INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE  OPERA-
 TION  OF  THE COMMUNICATIONS SERVICE PROVIDED BY A WIRELINE, FIXED WIRE-

 S. 2506--C                         117                        A. 3006--C
 
 LESS OR SATELLITE  SERVICE  PROVIDER,  BUT  SHALL  NOT  INCLUDE  DIAL-UP
 SERVICE.
   2.  EVERY  PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING TO PROVIDE  WIRELINE,  FIXED  WIRELESS  OR  SATELLITE  BROADBAND
 SERVICE  IN  NEW  YORK  STATE  SHALL, NO LATER THAN SIXTY DAYS AFTER THE
 EFFECTIVE DATE OF THIS SECTION, OFFER HIGH SPEED  BROADBAND  SERVICE  TO
 LOW-INCOME  CONSUMERS  WHOSE  HOUSEHOLD:  (A)  IS  ELIGIBLE  FOR FREE OR
 REDUCED-PRICED LUNCH THROUGH THE NATIONAL SCHOOL LUNCH PROGRAM;  OR  (B)
 IS  ELIGIBLE  FOR,  OR  RECEIVING  THE SUPPLEMENTAL NUTRITION ASSISTANCE
 PROGRAM BENEFITS; OR (C) IS ELIGIBLE FOR, OR  RECEIVING  MEDICAID  BENE-
 FITS;  OR  (D)  IS  ELIGIBLE  FOR,  OR  ENROLLED  IN SENIOR CITIZEN RENT
 INCREASE EXEMPTION; OR (E) IS ELIGIBLE FOR, OR  ENROLLED  IN  DISABILITY
 RENT INCREASE EXEMPTION; OR (F) IS A RECIPIENT OF AN AFFORDABILITY BENE-
 FIT  FROM  A  UTILITY. SUCH LOW-INCOME BROADBAND SERVICE SHALL PROVIDE A
 MINIMUM DOWNLOAD SPEED EQUAL TO THE GREATER OF TWENTY-FIVE MEGABITS  PER
 SECOND  DOWNLOAD  SPEED OR THE DOWNLOAD SPEED OF THE PROVIDER'S EXISTING
 LOW-INCOME BROADBAND SERVICE SOLD TO CUSTOMERS IN THE STATE  SUBJECT  TO
 EXCEPTIONS  ADOPTED BY THE PUBLIC SERVICE COMMISSION WHERE SUCH DOWNLOAD
 SPEED IS NOT REASONABLY PRACTICABLE.
   3. BROADBAND SERVICE FOR LOW-INCOME CONSUMERS, AS SET  FORTH  IN  THIS
 SECTION, SHALL BE PROVIDED AT A COST OF NO MORE THAN FIFTEEN DOLLARS PER
 MONTH,  INCLUSIVE  OF  ANY  RECURRING  TAXES  AND FEES SUCH AS RECURRING
 RENTAL FEES FOR SERVICE PROVIDER EQUIPMENT REQUIRED TO OBTAIN  BROADBAND
 SERVICE  AND USAGE FEES. BROADBAND SERVICE PROVIDERS SHALL ALLOW LOW-IN-
 COME BROADBAND SERVICE SUBSCRIBERS TO  PURCHASE  STANDALONE  OR  BUNDLED
 CABLE AND/OR PHONE SERVICES SEPARATELY. BROADBAND SERVICE PROVIDERS MAY,
 ONCE  EVERY  FIVE  YEARS, AND AFTER THIRTY DAYS' NOTICE TO ITS CUSTOMERS
 AND THE DEPARTMENT OF PUBLIC SERVICE, INCREASE THE PRICE OF THIS SERVICE
 BY THE LESSER OF THE MOST RECENT CHANGE IN THE CONSUMER PRICE INDEX OR A
 MAXIMUM OF TWO PERCENT PER YEAR OF THE PRICE FOR SUCH SERVICE.
   4. A BROADBAND SERVICE PROVIDER WHO  OFFERS  A  HIGH  SPEED  BROADBAND
 SERVICE TO ELIGIBLE LOW-INCOME CUSTOMERS, AS SUCH TERM IS USED IN SUBDI-
 VISION  TWO OF THIS SECTION, AT A DOWNLOAD SPEED OF TWO HUNDRED MEGABITS
 PER SECOND OR GREATER AT A COST OF  NO  MORE  THAN  TWENTY  DOLLARS  PER
 MONTH,  INCLUSIVE  OF  ANY  RECURRING  TAXES  AND FEES SUCH AS RECURRING
 RENTAL FEES FOR SERVICE PROVIDER EQUIPMENT REQUIRED TO OBTAIN  BROADBAND
 SERVICE AND USAGE FEES, SHALL BE CONSIDERED TO BE IN COMPLIANCE WITH THE
 REQUIREMENTS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION. SUCH PROVID-
 ERS  MAY,  ONCE  EVERY  TWO  YEARS, AND AFTER THIRTY DAYS' NOTICE TO ITS
 CUSTOMERS AND THE DEPARTMENT OF PUBLIC SERVICE, INCREASE  THE  PRICE  OF
 SUCH  SERVICE  BY  THE  LESSER OF THE MOST RECENT CHANGE IN THE CONSUMER
 PRICE INDEX OR A MAXIMUM OF TWO PERCENT PER YEAR OF THE PRICE  FOR  SUCH
 SERVICE.
   5.  THE  REQUIREMENTS  OF  SUBDIVISIONS  TWO AND THREE OF THIS SECTION
 SHALL NOT APPLY TO ANY BROADBAND SERVICE PROVIDER PROVIDING  SERVICE  TO
 NO  MORE  THAN TWENTY THOUSAND HOUSEHOLDS, IF THE PUBLIC SERVICE COMMIS-
 SION DETERMINES THAT COMPLIANCE WITH SUCH REQUIREMENTS WOULD  RESULT  IN
 UNREASONABLE  OR UNSUSTAINABLE FINANCIAL IMPACT ON THE BROADBAND SERVICE
 PROVIDER.
   6. ANY CONTRACT OR AGREEMENT FOR BROADBAND SERVICE TARGETED TO LOW-IN-
 COME CONSUMERS PROVIDED BY AN ENTITY DESCRIBED  IN  SUBDIVISION  TWO  OF
 THIS SECTION, PURSUANT TO THIS SECTION OR OTHERWISE, SHALL HAVE THE SAME
 TERMS  AND  CONDITIONS,  OTHER THAN PRICE AND SPEED SET PURSUANT TO THIS
 SECTION, AS FOR THE  REGULARLY  PRICED  OFFERINGS  FOR  SIMILAR  SERVICE
 PROVIDED BY SUCH ENTITY.

 S. 2506--C                         118                        A. 3006--C

   7.  EVERY  PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE  SHALL  MAKE  ALL
 COMMERCIALLY REASONABLE EFFORTS TO PROMOTE AND ADVERTISE THE AVAILABILI-
 TY  OF  BROADBAND  SERVICE  FOR  LOW-INCOME CONSUMERS INCLUDING, BUT NOT
 LIMITED  TO,  THE  PROMINENT  DISPLAY OF, AND ENROLLMENT PROCEDURES FOR,
 SUCH SERVICE ON ITS WEBSITE AND IN ANY  WRITTEN  AND  COMMERCIAL  PROMO-
 TIONAL  MATERIALS  DEVELOPED TO INFORM CONSUMERS WHO MAY BE ELIGIBLE FOR
 SERVICE PURSUANT TO THIS SECTION.
   8. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE  BROADBAND SERVICE IN NEW YORK STATE SHALL ANNUALLY
 SUBMIT TO THE DEPARTMENT OF  PUBLIC  SERVICE,  NO  LATER  THAN  NOVEMBER
 FIFTEENTH AFTER THE EFFECTIVE DATE OF THIS ACT, AND ANNUALLY THEREAFTER,
 A  COMPLIANCE  REPORT  SETTING  FORTH:  (A) A DESCRIPTION OF THE SERVICE
 OFFERED PURSUANT TO THIS SECTION; (B) THE NUMBER OF  CONSUMERS  ENROLLED
 IN SUCH SERVICE; (C) A DESCRIPTION OF THE PROCEDURES BEING USED TO VERI-
 FY   THE   ELIGIBILITY  OF  CUSTOMERS  RECEIVING  SUCH  SERVICE;  (D)  A
 DESCRIPTION AND SAMPLES OF THE ADVERTISING OR MARKETING  EFFORTS  UNDER-
 TAKEN  TO  ADVERTISE  OR  PROMOTE SUCH SERVICE; (E) A DESCRIPTION OF ALL
 RETAIL RATE PRODUCTS, INCLUDING PRICING, OFFERED BY SUCH  PERSON,  BUSI-
 NESS,  CORPORATION,  OR THEIR AGENTS; (F) A DESCRIPTION, INCLUDING SPEED
 AND PRICE, OF ALL BROADBAND PRODUCTS OFFERED IN THE STATE OF  NEW  YORK;
 (G)  A DESCRIPTION OF THE NUMBER OF CUSTOMERS IN ARREARS FOR THE PAYMENT
 FOR BROADBAND SERVICE, PERCENTAGE OF CUSTOMERS IN ARREARS  THAT  QUALIFY
 FOR LOW-INCOME BROADBAND SERVICE, THE NUMBER OF HOUSEHOLDS THAT HAVE HAD
 THEIR  SERVICE  TERMINATED  AS  A  RESULT  OF NON-PAYMENT, THE NUMBER OF
 CUSTOMERS WHOSE SERVICE WAS TERMINATED FOR ARREARS ARISING FROM NON-PAY-
 MENT FOR SERVICES OTHER THAN BROADBAND SERVICE, AND THE NUMBER OF HOUSE-
 HOLDS THAT HAVE THEIR BROADBAND SERVICE RESTORED AFTER BEING  DELINQUENT
 ON  THEIR  PAYMENTS;  AND  SUCH  OTHER  INFORMATION AS THE DEPARTMENT OF
 PUBLIC SERVICE MAY REQUIRE.
   9. THE DEPARTMENT OF PUBLIC SERVICE SHALL, WITHIN  TWO  YEARS  OF  THE
 EFFECTIVE DATE OF THIS SECTION AND AT LEAST EVERY FIVE YEARS THEREAFTER,
 UNDERTAKE  A  PROCEEDING  TO DETERMINE IF THE MINIMUM BROADBAND DOWNLOAD
 SPEED IN THIS SECTION SHOULD BE INCREASED TO THE FEDERAL  COMMUNICATIONS
 COMMISSION'S  BENCHMARK  BROADBAND DOWNLOAD SPEED, OR TO ANOTHER MINIMUM
 BROADBAND DOWNLOAD SPEED IF THE FEDERAL  COMMUNICATIONS  COMMISSION  HAS
 NOT  INCREASED  ITS  BENCHMARK  BY SUCH DATE.   THE DEPARTMENT OF PUBLIC
 SERVICE SHALL ALSO: (A) UNDERTAKE APPROPRIATE  MEASURES  TO  INFORM  THE
 PUBLIC ABOUT AVAILABLE BROADBAND PRODUCTS, INCLUDING RETAIL RATE PRODUCT
 OFFERINGS  AND  LOW-INCOME  OFFERINGS; AND (B) PERIODICALLY, BUT NO LESS
 THAN ONCE EVERY FIVE YEARS,  REVIEW  ELIGIBILITY  REQUIREMENTS  FOR  THE
 LOW-INCOME  SERVICE  REQUIRED  PURSUANT TO THIS SECTION, AND UPDATE SUCH
 REQUIREMENTS AS MAY BE NECESSARY TO MEET THE NEEDS OF CONSUMERS.
   10. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION,  AN  APPLICA-
 TION  MAY  BE  MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
 THE STATE OF NEW YORK TO A COURT OR JUSTICE  HAVING  JURISDICTION  BY  A
 SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
 UANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE  SATISFACTION  OF
 THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
 SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,  ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-

 S. 2506--C                         119                        A. 3006--C
 
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN  ONE  THOUSAND  DOLLARS  PER VIOLATION. IN CONNECTION WITH ANY SUCH
 PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately.
 
                                  PART OO
 
   Section 1. Section 106 of the  social  services  law,  as  amended  by
 section  1  of  part  S of chapter 56 of the laws of 2014, is amended to
 read as follows:
   § 106. Powers of social services official to receive and dispose of  a
 deed,  mortgage,  or lien. 1. A social services official responsible, by
 or pursuant to any provision of this chapter, for the administration  of
 assistance  [or  care]  granted  or applied for [may] SHALL NOT accept a
 deed of real property and/or a mortgage thereon on behalf of the  social
 services  district  for  the assistance [and care] of a person at public
 expense [but such property shall not be considered  as  public  property
 and  shall  remain  on  the tax rolls and such deed or mortgage shall be
 subject to redemption as provided in paragraph (a)  of  subdivision  six
 hereof].
   2.  [A  social  services  official  may not assert any claim under any
 provision of this section to recover]  (A)  NOTWITHSTANDING  SUBDIVISION
 ONE  OF  THIS SECTION, IF, PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS SECTION, A  SOCIAL
 SERVICES  OFFICIAL ACCEPTED A DEED OF REAL PROPERTY AND/OR A MORTGAGE ON
 BEHALF OF THE SOCIAL SERVICES DISTRICT FOR THE ASSISTANCE OF A PERSON AT
 PUBLIC EXPENSE, SUCH SOCIAL SERVICES OFFICIAL SHALL NOT ASSERT ANY CLAIM
 UNDER ANY PROVISION OF THIS SECTION TO RECOVER:
   (1) payments made as part of Supplemental Nutrition Assistance Program
 (SNAP), child care services, Emergency Assistance to Adults or the  Home
 Energy Assistance Program (HEAP)[.
   3.  A  social  services  official  may  not assert any claim under any
 provision of this section to recover];
   (2) payments of public assistance if such payments were reimbursed  by
 child support collections[.
   4.  A  social  services  official  may  not assert any claim under any
 provision of this section to recover];
   (3) payments of public assistance unless, before [it has  accepted]  a
 deed  or  mortgage WAS ACCEPTED from an applicant or recipient, [it has]
 THE OFFICIAL first received a signed acknowledgment from  the  applicant
 or recipient acknowledging that:
   [(a)]  A.  benefits provided as part of Supplemental Nutrition Assist-
 ance Program (SNAP), child care services, Emergency Assistance to Adults
 or the Home Energy Assistance Program (HEAP) may not be included as part
 of the recovery to be made under the mortgage or lien; and
   [(b)] B. if the applicant or recipient declines to provide the lien or
 mortgage the children in the household SHALL remain eligible for  public
 assistance.
   [5. (a)] (B) SUCH PROPERTY SHALL NOT BE CONSIDERED PUBLIC PROPERTY AND
 SHALL REMAIN ON THE TAX ROLLS AND SUCH DEED OR MORTGAGE SHALL BE SUBJECT
 TO  REDEMPTION  AS PROVIDED IN SUBPARAGRAPH ONE OF PARAGRAPH (D) OF THIS
 SUBDIVISION.

 S. 2506--C                         120                        A. 3006--C
 
   (C) (1) Until a deed, mortgage, or lien, accepted prior to [or  after]
 the  effective  date  of  this  [act,] SECTION is satisfied or otherwise
 disposed of, the social services district shall issue and  mail  to  the
 last  known  address  of the person [giving] WHO GAVE such deed or mort-
 gage,  or  his  or  her  estate  or  those  entitled thereto, a biennial
 accounting of the public assistance incurred and repairs and taxes  paid
 on  property. The social services district shall provide such accounting
 no later than February first, two thousand sixteen and biennially there-
 after.
   [(b)] (2) Such accounting shall include information regarding the debt
 owed as of the end of the district's most recent fiscal year  including,
 but not limited to:
   [(1)]  A.  an  enumeration  of  all  public assistance incurred by the
 person [giving] WHO GAVE such deed or mortgage or his or  her  household
 to date;
   [(2)] B. the current amount of recoverable public assistance under the
 deed or mortgage;
   [(3)] C. the amount of any credits against public assistance including
 but not limited to:
   [A.]  (I)  the  amount  of child support collected and retained by the
 social services district as reimbursement for public assistance;
   [B.] (II) recoveries made under  section  one  hundred  four  of  this
 title;
   [C.]  (III)  recoveries made under section one hundred thirty-one-r of
 this chapter.
   [(4)] D. Said accounting shall also provide information regarding  the
 manner  in which payments may be made to the social services district to
 reduce the amount of the mortgage or lien.
   [(c)] (3) In the event that a biennial accounting is  not  issued  and
 mailed  to  the  last known address of the person [giving] WHO GAVE such
 deed or mortgage or his or her estate or those entitled thereto,  within
 the time period required in [paragraph (a) of this subdivision] SUBPARA-
 GRAPH  ONE  OF THIS PARAGRAPH, no public assistance shall be recoverable
 under this section for the previous two fiscal years. In the event  that
 a biennial accounting is not issued and mailed to the last known address
 of  the  person  [giving]  WHO  GAVE such deed or mortgage or his or her
 estate or those entitled thereto, within the  time  period  required  in
 [paragraph  (a) of this subdivision] SUBPARAGRAPH ONE OF THIS PARAGRAPH,
 and such person has received no recoverable  public  assistance  in  the
 district's most recent fiscal year, no public assistance shall be recov-
 erable  under  this  section  for the most recent two fiscal years where
 public assistance remains recoverable.
   [6. (a) (1)] (D) (1) A. Until  such  property  or  mortgage  is  sold,
 assigned  or foreclosed pursuant to law by the social services official,
 the person [giving] WHO GAVE such deed or mortgage, or his OR HER estate
 or those entitled thereto, may redeem the same by  the  payment  of  all
 expenses  incurred  for  the  support of the person, and for repairs and
 taxes paid on such property, provided, however, that a  social  services
 official  may  enter into a contract for such redemption, subject to the
 provisions of this [paragraph] SUBPARAGRAPH, and containing  such  terms
 and  conditions,  including  provisions  for  periodic payments, without
 interest, for an amount less than the full  expenses  incurred  for  the
 support  of  the  person and for repairs and taxes paid on such property
 (hereinafter called a "lesser sum"), which lesser sum shall in no  event
 be less than the difference between the appraised value of such property
 and the total of the then unpaid principal balance of any recorded mort-

 S. 2506--C                         121                        A. 3006--C
 
 gages and the unpaid balance of sums secured by other liens against such
 property.
   [(2)]  B.  In  the  case  of a redemption for a lesser sum, the social
 services official shall obtain (i) an appraisal of  the  current  market
 value  of such property, by an appraiser acceptable to both parties, and
 (ii) a statement of the principal balance of any recorded  mortgages  or
 other  liens  against  such  property (excluding the debt secured by the
 deed, mortgage or lien of the social services  official).  Any  expenses
 incurred  pursuant to this [paragraph] SUBPARAGRAPH shall be audited and
 allowed in the same manner as other official expenses.
   [(3)] C. Every  redemption  contract  for  any  lesser  sum  shall  be
 approved  by  the  department upon an application by the social services
 official containing the appraisal and statement  required  by  [subpara-
 graph  two]  CLAUSE  B  OF  THIS SUBPARAGRAPH, a statement by the social
 services official of his OR HER reasons for entering into  the  contract
 for such lesser sum and any other information required by regulations of
 the department.
   [(4)]  D. So long as the terms of the approved redemption contract are
 performed, no public sale of such property shall be held.
   [(5)] E. The redemption for a lesser sum shall reduce the claim of the
 social services official against the recipient on the  implied  contract
 under  section  one  hundred  four  of this [chapter] TITLE or under any
 other law, to the extent of all sums paid in redemption.
   [(b)] (2) In order to allow  a  minimum  period  for  redemption,  the
 social  services  official shall not sell the property or mortgage until
 after the expiration of one year from the date he OR  SHE  received  the
 deed or mortgage, but if unoccupied property has not been redeemed with-
 in  six  months  from the date of death of the person who conveyed it to
 him OR HER by deed the social  services  official  may  thereafter,  and
 before the expiration of such year, sell the property.
   [(c)] (3) Except as otherwise provided in this chapter, upon the death
 of  the  person or his OR HER receiving institutional care, if the mort-
 gage has not been redeemed, sold or assigned, the social services  offi-
 cial  may enforce collection of the mortgage debt in the manner provided
 for the foreclosure of mortgages by action.
   [(d)](4) Provided the department shall  have  given  its  approval  in
 writing,  the  social services official may, when in his OR HER judgment
 it is advisable and in the public interest, release a part of the  prop-
 erty  from  the lien of the mortgage to permit, and in consideration of,
 the sale of such part by the owner and the application of  the  proceeds
 to reduce said mortgage or to satisfy and discharge or reduce a prior or
 superior mortgage.
   [(e)](5)  While  real  property covered by a deed or mortgage is occu-
 pied, in whole or in part, by an aged,  blind  or  disabled  person  who
 executed  such  deed or mortgage to the social services official for old
 age assistance, assistance to the blind or aid to the  disabled  granted
 to  such person before January first, nineteen hundred seventy-four, the
 social services official shall  not  sell  the  property  or  assign  or
 enforce  the mortgage unless it appears reasonably certain that the sale
 or other disposition of  the  property  will  not  materially  adversely
 affect  the  welfare  of  such person. After the death of such person no
 claim for assistance granted him OR HER shall be  enforced  against  any
 real property while it is occupied by the surviving spouse.
   [(f)](6)  Except as otherwise provided, upon the death of a person who
 executed a lien to the social services official in return  for  old  age
 assistance, assistance to the blind or aid to the disabled granted prior

 S. 2506--C                         122                        A. 3006--C
 
 to  January first, nineteen hundred seventy-four, or before the death of
 such person if it appears reasonably certain  that  the  sale  or  other
 disposition  of  the  property  will not materially adversely affect the
 welfare  of  such  person, the social services official may enforce such
 lien in the manner provided by article three of the lien law. After  the
 death  of such person the lien may not be enforced against real property
 while it is occupied by the surviving spouse.
   [7.](E) The sale of any parcel of real property or  mortgage  on  real
 property  by  the social services official, under the provisions of this
 section, shall be made at a public sale, held at least two  weeks  after
 notice thereof shall have been published in a newspaper having a general
 circulation  in that section of the county in which the real property is
 located. Such notice shall specify the time and  place  of  such  public
 sale  and  shall contain a brief description of the premises to be sold,
 or upon which the mortgage is a lien, as the case may be. Unless in  the
 judgment  of  the  social  services  official, it shall be in the public
 interest to reject all bids, such parcel or mortgage shall  be  sold  to
 the highest responsible bidder.
   [8.](F) It is permissible for social services officials to subordinate
 a  mortgage  taken on behalf of the social services district pursuant to
 this section. In the event that a social services official determines to
 subordinate a mortgage, or lien, he or she shall  do  so  within  thirty
 days  of  receipt  of written notice that the mortgagor is attempting to
 modify their mortgage that is held by a  mortgagee  with  superior  lien
 rights  and  subordination of the social services district's mortgage is
 required by such mortgagee in order for it to approve  or  complete  the
 modification.
   §  2.  Section 360 of the social services law, as added by chapter 722
 of the laws of 1951, subdivisions 1 and 3 as amended by  section  92  of
 part  B  of chapter 436 of the laws of 1997, subdivision 2 as amended by
 chapter 909 of the laws of 1974, and subdivision 4 as amended by chapter
 803 of the laws of 1959, is amended to read as follows:
   § 360.  Real property of legally  responsible  relatives[;  deeds  and
 mortgages  may be required].  [1.]  The ownership of real property by an
 applicant or applicants, recipient or recipients who is or  are  legally
 responsible  relatives  of  the  child or children for whose benefit the
 application is made or the aid is granted,  whether  such  ownership  be
 individual  or  joint  as  tenants in common, tenants by the entirety or
 joint tenants, shall not preclude the granting of family  assistance  or
 the continuance thereof if he or they are without the necessary funds to
 maintain  himself,  herself  or  themselves  and such child or children.
 [The social services official may, however, require, as a  condition  to
 the  granting of aid or the continuance thereof, that he or she be given
 a deed of or  a  mortgage  on  such  property  in  accordance  with  the
 provisions of section one hundred six.
   2.    However,  while  the property covered by the deed or mortgage is
 occupied, in whole or in part, by the responsible relative who gave such
 deed or mortgage to the social services official  or,  by  a  child  for
 whose benefit the aid was granted the social services official shall not
 sell  the property or assign or enforce the mortgage without the written
 consent of the department; and, when the property is  occupied  by  such
 child,  such  consent  shall  not  be given unless it appears reasonably
 certain that the sale or other disposition  of  the  property  will  not
 materially adversely affect the welfare of such child.
   3.    The  net amount recovered by the social services department from
 such property, less any expenditures approved by the department for  the

 S. 2506--C                         123                        A. 3006--C

 burial  of  the  relative  or the child who dies while in receipt of aid
 under this title, shall be used to repay the social  services  district,
 the  state  and  the federal government their proportionate share of the
 cost of family assistance granted.  The state and federal share shall be
 paid  by  the  social  services district to the state and the manner and
 amount of such payment shall be determined in accordance with the  regu-
 lations of the department.
   4.  If any balance remains it shall belong to the estate of the legal-
 ly  responsible  relative  or  relatives and the public welfare district
 shall forthwith credit the same accordingly, and, provided they claim it
 within four years thereafter, pay it to the  persons  entitled  thereto.
 If not so claimed within four years it shall be deemed abandoned proper-
 ty  and  be  paid  to the state comptroller pursuant to section thirteen
 hundred five of the abandoned property law.
   5.  The proceeds or moneys due the United  States  shall  be  paid  or
 reported in such manner and at such times as the federal security agency
 or other authorized federal agency may direct.]
   §  3. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.
   § 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 OO of this act shall be
 as specifically set forth in the last section of such Parts.