The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     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
 ________________________________________________________________________
 
                                  2506--B
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read twice and ordered printed, and  when  printed
   to  be  committed to the Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the education law, in relation to school  contracts  for
   excellence;  to amend the education law, in relation to 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  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  chapter  756 of the laws of 1992, relating to funding a program
   for work force education conducted by the consortium for worker educa-
   tion 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 implemen-
   tation of the No Child Left Behind Act of 2001,  in  relation  to  the
   effectiveness  thereof;  to  amend  the  education law, in relation to
   extending apportionments of public moneys to certain school  districts
   employing  eight or more teachers; 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
   extending certain provisions thereof; to amend part B of chapter 57 of
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12572-04-1

 S. 2506--B                          2
 
   the laws of 2008 amending the education law relating to the  universal
   prekindergarten program, in relation  to  the  effectiveness  thereof;
   relates  to  school bus driver training; relates to special apportion-
   ment  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 appropri-
   ations; and relating to the support of public libraries (Part  A);  to
   amend  the  education  law,  in relation to foundation aid; creating a
   task force on education funding and property tax reform; to ratify and
   validate certain school district building projects; to legalize, vali-
   date, ratify and  confirm  certain  acts  relating  to  transportation
   contracts;  to  amend the education law, in relation to the payment of
   moneys due for prior years and the apportionment of moneys  to  school
   districts;  providing  for the increase of tuition rates; to amend the
   education law, in relation to special act school districts and special
   education; to amend the education law, in relation to  the  effective-
   ness  of provisions relating to BOCES intermediate districts; to amend
   the education law, in relation  to  the  salary  of  certain  teachers
   providing  instruction in career and technical education to school age
   students; to amend the real property tax law, in  relation  to  school
   district  unexpended  surplus  funds;  to  amend the education law, in
   relation to computation of resident weighted average daily attendance;
   to amend the education law, in relation  to  supplemental  educational
   improvement  grants; to amend chapter 157 of the laws of 2020 relating
   to authorizing the expenditure and temporary transfer of reserve funds
   for expenses related to COVID-19, in relation to reimbursement of such
   funds; to amend the education law, in relation to supplemental  educa-
   tional  improvement grants; to amend the education law, in relation to
   financing charter schools; to amend the education law, in relation  to
   culturally  responsive-sustaining  education;  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
   receive  aid;  to repeal section 3614 of the education law relating to
   statements of total funding allocations; and to provide for the repeal
   of certain provisions of this act and the real property tax law relat-
   ing thereto (Part A-1); to amend the  business  corporation  law,  the
   partnership  law and the limited liability company law, in relation to
   certified public accountants (Part B); intentionally omitted (Part C);
   to amend the education law, in relation to extending state  university
   of  New York procurement flexibility and authorizing the state univer-
   sity 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  effectiveness  thereof  (Part  D);  to
   amend  the  education  law,  in relation to tuition rates 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);  intentionally  omitted

 S. 2506--B                          3
 
   (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 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); intentionally 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 social services
   law, in relation to increasing the standards of monthly need for aged,
   blind  and  disabled  persons living in the 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
   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  repeal certain
   provisions of the 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); intentionally omitted
   (Part W); to amend the public authorities law, in relation to granting
   the state of New York mortgage agency authority to  purchase  mortgage
   loans from a broader pool of non-depository lenders, to purchase mort-
   gages  secured  by new construction loans, and modify its mortgages to
   assist financially distressed homeowners (Part X); intentionally omit-
   ted (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);  to
   amend  the  labor  law  and  the  public  service  law, in relation to
   requirements for certain renewable energy systems  (Part  AA);  inten-
   tionally  omitted  (Part  BB);  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
   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 public  housing  law  and  the  social
   services  law, in relation to establishing a COVID-19 emergency rental
   assistance program; and providing for the repeal  of  such  provisions
   upon expiration thereof (Part DD); to amend the public housing law, in
   relation to establishing the housing access voucher program (Part EE);
   to amend the state finance law, in relation to five-year capital plans
   for  the  state  university of New York and the city university of New

 S. 2506--B                          4
 
   York (Part FF); to amend the  education  law,  in  relation  to  state
   appropriations  to  the  state  university  of  New  York and the city
   university of New York (Part GG);  to  amend  the  education  law,  in
   relation to providing a program fee option for graduate students (Part
   HH);  to  amend  the  education  law, in relation to providing special
   programs for the screening, testing, counseling, and tutoring of,  and
   assistance  to  residents of the state to assure diversity in medicine
   opportunity at schools of medicine of the state university of New York
   and the city university of New York (Part II); to amend the  education
   law,  in relation to enhancing supports and services for students with
   disabilities for postsecondary success (Part JJ); to amend the  educa-
   tion  law,  in  relation  to  the supervision of the manufacturing and
   repacking of certain medical gases or wholesaling of respiratory ther-
   apy agents (Part KK); to amend the education law, in relation  to  the
   tuition  assistance  program  award,  the  tuition  credit rate and in
   relation to state appropriations to the state university of  New  York
   and  the  city university of New York (Part LL); to amend the workers'
   compensation law, in relation to  establishing  the  excluded  workers
   fund to provide payments to workers who suffered a loss of work-relat-
   ed  earnings  or  a major source of household income during a state of
   emergency declared by the governor and who  are  otherwise  ineligible
   for  unemployment  insurance  (Part  MM); 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 NN); to amend
   part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syra-
   cuse 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 reconstruction act (Part OO); and to amend chapter 416  of  the
   laws  of  2007,  establishing  the  city of Rochester and the board of
   education of the city school district of the city of Rochester  school
   facilities  modernization program act, in relation to granting further
   authority to the RJSCB to modernize educational facilities in the city
   of Rochester; and to amend the education law, in relation to  building
   aid  for certain educational facilities in the city of Rochester (Part
   PP)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 necessary to implement the state education, labor,  housing  and  family
 assistance budget for the 2021-2022 state fiscal year. Each component is
 wholly  contained  within  a  Part identified as Parts A through PP. The
 effective date for each particular provision contained within such  Part
 is  set  forth  in  the  last section of such Part. Any provision in any
 section contained within a Part, including the  effective  date  of  the
 Part,  which  makes a reference to a section "of this act", when used in
 connection with that particular component, shall be deemed to  mean  and
 refer  to  the  corresponding  section of the Part in which it is found.
 Section three of this act sets forth the general effective date of  this
 act.

 S. 2506--B                          5
 
                                  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
 excellence  for  the  two  thousand fifteen--two thousand sixteen school
 year which shall, notwithstanding the requirements of subparagraph  (vi)
 of  paragraph  a  of  subdivision  two  of this section, provide for the

 S. 2506--B                          6
 
 expenditure of an amount  which  shall  be  not  less  than  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further  that a school district that submitted a contract for excellence
 for the two thousand fifteen--two thousand sixteen school  year,  unless
 all  schools  in  the district are identified as in good standing, shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of subparagraph (vi) of paragraph a of subdivision two of this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  fifteen--two  thousand sixteen school year; and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the two thousand sixteen--two thousand seventeen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 seventeen--two thousand eighteen school year which shall,  notwithstand-
 ing  the requirements of subparagraph (vi) of paragraph a of subdivision
 two of this section, provide for the  expenditure  of  an  amount  which
 shall  be  not  less than the amount approved by the commissioner in the
 contract for excellence  for  the  two  thousand  sixteen--two  thousand
 seventeen  school year; and provided further that a school district that
 submitted a contract for excellence for the two thousand  seventeen--two
 thousand  eighteen  school  year, unless all schools in the district are
 identified as in good standing, shall submit a contract  for  excellence
 for  the  two thousand eighteen--two thousand nineteen school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than the  amount  approved  by  the
 commissioner  in the contract for excellence for the two thousand seven-
 teen--two thousand eighteen school year; and provided  further  that,  a
 school  district  that  submitted  a contract for excellence for the two
 thousand eighteen--two thousand nineteen school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for  excellence  for  the  two thousand nineteen--two thousand
 twenty school year which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand eighteen--two thousand nineteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  nineteen--two  thousand  twenty  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 twenty--two thousand twenty-one school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand nineteen--two thousand twenty school
 year;  AND  PROVIDED  FURTHER  THAT,  A SCHOOL DISTRICT THAT SUBMITTED A
 CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY--TWO THOUSAND  TWEN-
 TY-ONE SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS
 IN  GOOD  STANDING,  SHALL  SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO
 THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL  YEAR  WHICH  SHALL,
 NOTWITHSTANDING  THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF
 SUBDIVISION TWO OF THIS SECTION,  PROVIDE  FOR  THE  EXPENDITURE  OF  AN

 S. 2506--B                          7
 
 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.
   § 11. Intentionally omitted.
   § 12. Intentionally omitted.
   § 12-a. Intentionally omitted.
   § 13. Intentionally omitted.
   § 14. Intentionally omitted.
   § 15. Intentionally omitted.

 S. 2506--B                          8
 
   § 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; AND
   8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  TRANS-
 PORTATION PROVIDED DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT
 TO EXECUTIVE ORDER 202 OF 2020, INCLUDING TRANSPORTATION PROVIDED DURING
 THE  TIME  PERIOD  OF  ANY  SCHOOL BUILDING CLOSURES ORDERED PURSUANT TO
 EXECUTIVE ORDER 202 OF 2020 OR  OTHERWISE  NECESSITATED  BY  SUCH  STATE
 DISASTER  EMERGENCY.    SUCH  TRANSPORTATION  SHALL  INCLUDE, BUT NOT BE
 LIMITED TO, TRANSPORTATION OF MEALS, EDUCATIONAL MATERIALS AND  SUPPLIES
 TO  STUDENTS,  AND  TRANSPORTATION  TO  PROVIDE  STUDENTS  WITH INTERNET
 ACCESS.
   § 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, AS 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  OF  ANY
 SCHOOL BUILDING CLOSURES ORDERED PURSUANT TO EXECUTIVE ORDER 202 OF 2020
 OR  OTHERWISE  NECESSITATED  BY  SUCH  STATE  DISASTER EMERGENCY.   SUCH
 EXPENSES SHALL BE ALLOWABLE TRANSPORTATION EXPENSES EVEN  WHERE  AIDABLE
 REGULAR  TRANSPORTATION,  AS DEFINED IN SECTION THIRTY-SIX HUNDRED TWEN-
 TY-TWO-A OF THIS PART, WAS NOT PROVIDED.

 S. 2506--B                          9
 
   § 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  OTHER 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.
   § 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.
   § 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:

 S. 2506--B                         10
 
   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] SUBDIVISIONS six-a and [subdivision] fifteen
 of section thirty-six hundred two of this part minus any  reductions  to
 current  year  aids  pursuant to subdivision seven of section thirty-six
 hundred four of this part or any deduction  from  apportionment  payable
 pursuant  to  this  chapter  for  collection  of a school district basic
 contribution as defined  in  subdivision  eight  of  section  forty-four
 hundred  one  of  this  chapter,  less  any  grants provided pursuant to
 subparagraph two-a of paragraph b of subdivision four of  section  nine-
 ty-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 thir-
 ty-six  hundred  forty-one  of  this  article, or (ii) the apportionment
 calculated by the commissioner based on data on file  at  the  time  the
 payment  is  processed;  provided  however, that for the purposes of any
 payments made pursuant to this section prior to the first  business  day
 of  June  of  the current year, moneys apportioned shall not include any
 aids payable pursuant to subdivisions six and fourteen,  if  applicable,
 of  section  thirty-six hundred two of this part as current year aid for
 debt service on bond anticipation notes and/or bonds first issued in the
 current year or any aids  payable  for  full-day  kindergarten  for  the
 current  year pursuant to subdivision nine of section thirty-six hundred
 two of this part. The definitions of "base year" and "current  year"  as
 set  forth  in subdivision one of section thirty-six hundred two of this
 part shall apply to this section. For aid payable in  the  two  thousand
 [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.
   § 37. Intentionally omitted.
   § 38. Intentionally omitted.
   §  39.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
 re