Senate Bill S4461A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4461--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced by Sens. GOUNARDES, BAILEY, BIAGGI, BRISPORT, COMRIE, GIANAR-
   IS,  HOYLMAN,  JACKSON,  KAVANAGH,  LIU, MYRIE, PARKER, RAMOS, RIVERA,
   SALAZAR, SANDERS, SEPULVEDA,  SERRANO,  STAVISKY  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Higher Education -- recommitted to the Committee on  Higher  Education
   in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the education law and the state finance law, in relation
   to enacting The New Deal for CUNY
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This enacts "The New Deal for CUNY".
   §  2.  Legislative  intent. The Legislature hereby recognizes the need
 for The New Deal for CUNY to ensure that the commitment the  Legislature
 articulated  in establishing the city university of New York is extended
 to present and future generations.  The 1961 legislation recognized that
 the creation of a city university as a single unified system was "justi-
 fied" by the special needs of a multi-racial urban constituency and  the
 "vital importance" of creating opportunities for disadvantaged New York-
 ers.  Those needs have only grown in the half-century since the Legisla-
 ture's action. Yet CUNY's ability to  fulfill  them  has  diminished  as
 enrollment  has  skyrocketed and investment has failed to keep pace. The
 New Deal for CUNY reimagines CUNY as the vital urban university it  must
 be if it is to serve the people of New York. It enhances CUNY's historic
 role  as  a  leader  in educational justice and economic transformation.
 This legislation restores free tuition, ensures adequate faculty  staff-
 ing,  and  aligns student support with nationally recommended standards.
 In doing so, The New Deal for CUNY restores New York to national leader-
 ship in public higher education and  removes  the  barriers  to  student
 success  that  have  prevented thousands of CUNY students from realizing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09097-05-2
              

 S. 4461--A                          2
 
 the full potential of a college degree. The New Deal for CUNY  gradually
 increases  the  ratio  of  students  to  full-time  faculty  at  CUNY to
 nationally recommended levels, with a special  emphasis  on  racial  and
 ethnic  diversity in hiring. It also replaces the system of underpayment
 for contingent faculty with  a  dignified  labor  system  that  provides
 students  with  the  support  they urgently need. CUNY students, perhaps
 more than any other college population in  the  country,  bear  stresses
 that  make  it  extraordinarily  difficult to stay in college, sometimes
 even to survive. The New Deal for CUNY addresses  the  urgent  need  for
 student  support by gradually escalating the hiring of mental health and
 other counselors to bring CUNY into line with  national  standards.  The
 New  Deal  for  CUNY  mandates  that  all  tuition  and student fees for
 in-state  undergraduate  students  within  specified   time-frames   for
 completion of degree be eliminated, and that the revenue to the colleges
 that  would  otherwise derive from tuition and fees be replaced annually
 by federal, state, and city funds.
   § 3. Subdivision A of section 6221 of the education law is amended  by
 adding a new paragraph 4-b to read as follows:
   4-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE  CONTRARY,  SUBJECT  TO  AMOUNTS  MADE  AVAILABLE  BY APPROPRIATION,
 COMMENCING IN THE TWO THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR
 ACADEMIC YEAR, THE CITY UNIVERSITY SHALL BE ENTITLED TO ANNUALLY RECEIVE
 ONE  HUNDRED  PERCENT  REIMBURSEMENT  FOR THE ANNUAL COST OF TUITION AND
 STUDENT FEES FOR EACH  MATRICULATED  UNDERGRADUATE  STUDENT  AT  A  CITY
 UNIVERSITY  SENIOR  COLLEGE  AND  COMMUNITY  COLLEGE  WHO IS ENROLLED IN
 CREDIT-BARING ACADEMIC COURSEWORK AND IS ON  TRACK  TO  GRADUATE.    THE
 STATE  COMPTROLLER SHALL ESTABLISH A SEPARATE FUND FOR SUCH MONIES TO BE
 DISTRIBUTED TO THE CITY UNIVERSITY OF  NEW  YORK.  THE  CITY  UNIVERSITY
 SHALL RECEIVE AN AMOUNT EQUAL TO THE FULL COST OF IN-STATE UNDERGRADUATE
 TUITION  AND  STUDENT FEES FOR EACH QUALIFYING, MATRICULATED STUDENT WHO
 SUCCESSFULLY COMPLETES CREDIT-BEARING  ACADEMIC  COURSEWORK  AND  IS  ON
 TRACK  TO GRADUATE. THE FULL COST OF TUITION SHALL NOT INCLUDE ANY ADDI-
 TIONAL FUNDS THE STUDENT MAY RECEIVE FROM ANY OTHER NEW  YORK  STATE  OR
 FEDERAL GRANT, AWARD, OR SCHOLARSHIP PROGRAM. THE DEPOSIT OF THESE FUNDS
 SHALL  BE  UTILIZED  AS  FIRST DOLLAR AWARDS TO THE STUDENTS AT THE CITY
 UNIVERSITY.  ANY  STUDENT  NOT  SUCCESSFULLY  COMPLETING  CREDIT-BEARING
 ACADEMIC COURSEWORK IN A SEMESTER SHALL STILL BE ELIGIBLE TO RECEIVE ALL
 OTHER  GRANTS, AWARDS, AND SCHOLARSHIPS FOR WHICH THEY QUALIFY BUT SHALL
 NOT BE ELIGIBLE FOR THE TUITION AND STUDENT FEE REIMBURSEMENT  DESCRIBED
 HEREIN.  STUDENTS  SHALL BE ELIGIBLE TO RECEIVE A ONE SEMESTER EXEMPTION
 FROM THE REQUIREMENT TO COMPLETE CREDIT-BEARING ACADEMIC COURSEWORK  FOR
 SUCH  TUITION  REIMBURSEMENT  AS  PROMULGATED  BY  THE  HIGHER EDUCATION
 SERVICES CORPORATION. SUCH EXEMPTION SHALL NOT PRECLUDE ANY STUDENT FROM
 EXERCISING THEIR RIGHT TO APPEAL PURSUANT TO HIGHER  EDUCATION  SERVICES
 CORPORATION POLICY. THE STATE COMPTROLLER SHALL DEPOSIT SUCH MONIES WITH
 THE  CITY  UNIVERSITY  NO  LATER THAN THIRTY DAYS AFTER THE START OF THE
 SEMESTER.
   § 4. Section 6206 of the education law is amended by adding three  new
 subdivisions 22, 23 and 24 to read as follows:
   22.  EACH  COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY UNIVERSITY
 OF NEW YORK SHALL MAINTAIN, AT A MINIMUM, A RATIO OF ONE CLINICAL,  NON-
 STUDENT MENTAL HEALTH STAFF MEMBER PER ONE THOUSAND STUDENTS. WITHIN TWO
 YEARS  OF  THE  EFFECTIVE  DATE  OF THIS SUBDIVISION, EACH COMMUNITY AND
 SENIOR COLLEGE SHALL ESTABLISH, AND REQUIRE A MEETING  OF,  A  BOARD  OF
 ADVISORS  HAVING  EXPERTISE  IN  THE  AREA  OF  CLINICAL  MENTAL  HEALTH
 SERVICES. THE ADVISORY BOARDS SHALL,  USING  CURRENT  DATA,  UPDATE  AND
 S. 4461--A                          3
 
 MODIFY,  AS  NECESSARY, SUCH RATIOS BASED ON ACTUAL RATIOS IN THIS STATE
 AND ANY NEW INFORMATION RELATED TO  APPROPRIATE  BENCHMARKS  FOR  CLINI-
 CIAN-TO-STUDENT  RATIOS.  DATA  COLLECTED  BY THE ADVISORY BOARDS MAY BE
 USED  AS  A MEANS TO INCREASE THE NUMBER OF MENTAL HEALTH STAFF MEMBERS.
 IN NO EVENT SHALL THE RATIO FALL BELOW ONE CLINICAL, NON-STUDENT  MENTAL
 HEALTH  STAFF  MEMBER  PER  ONE THOUSAND STUDENTS. FOLLOWING THE INITIAL
 MEETING, ADVISORY BOARDS SHALL MEET ONCE EVERY FIVE YEARS. THIS SUBDIVI-
 SION SHALL NOT BE FUNDED BY STUDENT TUITION OR FEES CREATED ON OR  AFTER
 THE  EFFECTIVE  DATE  OF THIS SUBDIVISION. COMMUNITY COLLEGES AND SENIOR
 COLLEGES IN THE CITY UNIVERSITY OF NEW YORK MAY SEEK FEDERAL FUNDING  OR
 PRIVATE  GRANTS,  IF  AVAILABLE,  TO  FURTHER  EXPAND  AND  SUPPORT  THE
 PROVISIONS OF THIS SUBDIVISION. ANY FACULTY AND STAFF HIRED THROUGH  THE
 ASSISTANCE  OF FEDERAL FUNDING OR PRIVATE GRANTS PURSUANT TO THIS SUBDI-
 VISION SHALL BE TREATED AND CLASSIFIED AS FULL-TIME PUBLIC EMPLOYEES AND
 COVERED UNDER ANY COLLECTIVELY BARGAINED CONTRACTS IN  THEIR  RESPECTIVE
 BARGAINING  UNITS.  THE  CITY  UNIVERSITY SHALL REPORT ANNUALLY, ON JULY
 FIRST, TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  CHAIR  OF  THE
 ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE HIGHER EDUCA-
 TION COMMITTEE, AND THE CHAIR OF THE ASSEMBLY HIGHER EDUCATION COMMITTEE
 ON THE FOLLOWING CRITERIA:
   A.  THE RATIO OF CLINICAL AND NON-STUDENT MENTAL HEALTH STAFF EMPLOYED
 AND WHAT THAT NUMBER EQUATES TO PER STUDENT;
   B. THE NUMBER OF FULL-TIME MENTAL HEALTH STAFF, AND  NUMBER  OF  PART-
 TIME MENTAL HEALTH STAFF PER CAMPUS, INCLUDING THOSE WHO MAY NOT POSSESS
 THE  TITLE MENTAL HEALTH STAFF BUT ARE PRIMARILY EMPLOYED TO PERFORM AND
 CARRY OUT THE DUTIES TYPICALLY ASSIGNED  TO,  AND  FUNCTION  AS,  MENTAL
 HEALTH STAFF; AND
   C.  THE  MEAN  AND  MEDIAN  NUMBER  OF STUDENTS RECEIVING SERVICES PER
 CAMPUS  IN  THE  TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR
 ACADEMIC  YEAR  AND IN THE ACADEMIC YEAR IN WHICH THE REPORT IS PREPARED
 FROM FULL-TIME MENTAL HEALTH STAFF, AND FROM PART-TIME ACADEMIC ADVISOR.
   23. COMMENCING IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND  TWENTY-
 FOUR ACADEMIC YEAR EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY
 UNIVERSITY  OF NEW YORK SHALL MAINTAIN A MINIMUM ACADEMIC STAFFING RATIO
 OF FORTY-FIVE FULL-TIME  FACULTY  MEMBERS  PER  ONE  THOUSAND  FULL-TIME
 EQUIVALENT  STUDENTS.  COMMENCING  IN  THE TWO THOUSAND TWENTY-FOUR--TWO
 THOUSAND TWENTY-FIVE ACADEMIC YEAR EACH  COMMUNITY  COLLEGE  AND  SENIOR
 COLLEGE  OF  THE  CITY  UNIVERSITY  OF NEW YORK SHALL MAINTAIN A MINIMUM
 ACADEMIC STAFFING RATIO OF FIFTY FULL-TIME FACULTY MEMBERS PER ONE THOU-
 SAND FULL-TIME EQUIVALENT STUDENTS.   COMMENCING  IN  THE  TWO  THOUSAND
 TWENTY-FIVE--TWO   THOUSAND  TWENTY-SIX  ACADEMIC  YEAR  EACH  COMMUNITY
 COLLEGE AND SENIOR COLLEGE OF THE CITY  UNIVERSITY  OF  NEW  YORK  SHALL
 MAINTAIN  A  MINIMUM  ACADEMIC  STAFFING  RATIO  OF FIFTY-FIVE FULL-TIME
 FACULTY  MEMBERS  PER  ONE  THOUSAND  FULL-TIME   EQUIVALENT   STUDENTS.
 COMMENCING  IN  THE  TWO  THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN
 ACADEMIC YEAR EACH COMMUNITY COLLEGE AND  SENIOR  COLLEGE  OF  THE  CITY
 UNIVERSITY  OF NEW YORK SHALL MAINTAIN A MINIMUM ACADEMIC STAFFING RATIO
 OF SIXTY FULL-TIME FACULTY MEMBERS PER ONE THOUSAND FULL-TIME EQUIVALENT
 STUDENTS. COMMENCING IN  THE  TWO  THOUSAND  TWENTY-SEVEN--TWO  THOUSAND
 TWENTY-EIGHT  ACADEMIC  YEAR  AND  EACH  YEAR THEREAFTER, EACH COMMUNITY
 COLLEGE AND SENIOR COLLEGE OF THE CITY  UNIVERSITY  OF  NEW  YORK  SHALL
 MAINTAIN  A  MINIMUM  ACADEMIC  STAFFING  RATIO  OF SIXTY-FIVE FULL-TIME
 FACULTY MEMBERS PER ONE THOUSAND FULL-TIME EQUIVALENT  STUDENTS.    THIS
 SUBDIVISION  SHALL NOT BE FUNDED BY STUDENT FEES CREATED ON OR AFTER THE
 EFFECTIVE DATE OF THIS SUBDIVISION. ANY FACULTY OR STAFF  HIRED  THROUGH
 THE  ASSISTANCE  OF  FEDERAL  FUNDING OR PRIVATE GRANTS PURSUANT TO THIS
 S. 4461--A                          4
 
 SUBDIVISION SHALL BE TREATED AND CLASSIFIED AS FULL-TIME PUBLIC  EMPLOY-
 EES  AND  COVERED  UNDER  ANY  COLLECTIVELY BARGAINED CONTRACTS IN THEIR
 RESPECTIVE BARGAINING UNITS. THE CITY UNIVERSITY SHALL UTILIZE  NATIONAL
 SEARCHES  TO ENSURE RECRUITMENT OF DIVERSE FACULTY FROM UNDERREPRESENTED
 RACIAL, ETHNIC, AND GENDER GROUPS, AND PRIORITIZE THE CREATION OF  FULL-
 TIME  FACULTY  POSITIONS  FOR  ADJUNCT FACULTY CURRENTLY EMPLOYED BY THE
 UNIVERSITY IN  ORDER  TO  MEET  THE  MINIMUM  ACADEMIC  STAFFING  RATIOS
 DESCRIBED  HEREIN.  THE  CITY  UNIVERSITY SHALL REPORT ANNUALLY, ON JULY
 FIRST, TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  CHAIR  OF  THE
 ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE HIGHER EDUCA-
 TION  COMMITTEE,  AND THE CHAIR OF THE ASSEMBLY HIGHER EDUCATION COMMIT-
 TEE. THE REPORT SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  THE  FOLLOWING
 CRITERIA:
   A.  DATA  THAT  INDICATES WHETHER THE CITY UNIVERSITY IS IN COMPLIANCE
 WITH THE MANDATORY MINIMUM ACADEMIC STAFFING RATIOS ESTABLISHED PURSUANT
 TO THIS SUBDIVISION;
   B. THE NUMBER BY CAMPUS, IN THE TWO THOUSAND  TWENTY-THREE--TWO  THOU-
 SAND  TWENTY-FOUR  ACADEMIC  YEAR  AND IN THE ACADEMIC YEAR IN WHICH THE
 REPORT  IS  PREPARED,  OF  EACH  FULL-TIME  TENURED  FACULTY,  FULL-TIME
 TENURE-TRACK  FACULTY,  FULL-TIME  NON-TENURE  TRACK  FACULTY, INCLUDING
 THOSE WHO MAY NOT HAVE A FACULTY  OR  ACADEMIC  JOB  TITLE  BUT  PERFORM
 INSTRUCTIONAL  DUTIES  AND  NUMBER OF FACULTY LINES AND UNFILLED FACULTY
 POSITIONS;
   C. THE MEAN AND MEDIAN CLASS SIZE BY CAMPUS IN THE TWO THOUSAND  TWEN-
 TY-THREE--TWO  THOUSAND  TWENTY-FOUR  ACADEMIC  YEAR AND IN THE ACADEMIC
 YEAR IN WHICH THE REPORT IS PREPARED,  FOR  FULL-TIME  TENURED  FACULTY,
 FULL-TIME  TENURE  TRACK FACULTY, AND FULL-TIME NON TENURE TRACK FACULTY
 AND INSTRUCTIONAL STAFF;
   D. THE MEAN AND MEDIAN CLASS SIZE BY LEVEL FOR  REMEDIAL  ONE  HUNDRED
 LEVEL  INTRODUCTORY COURSES, AND TWO HUNDRED LEVEL MID-LEVEL COURSES AND
 ABOVE FOR COMPLETION OF AN ASSOCIATE DEGREE AND BACCALAUREATE DEGREE  IN
 THE  TWO  THOUSAND  TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR
 AND IN THE ACADEMIC YEAR IN WHICH THE REPORT IS PREPARED;
   E. THE NUMBER OF PART-TIME NON TENURE TRACK FACULTY IN THE  TWO  THOU-
 SAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR  ACADEMIC YEAR AND IN THE
 ACADEMIC YEAR IN WHICH THE REPORT IS PREPARED, INCLUDING THOSE  WHO  MAY
 NOT  HAVE  A  FACULTY  OR  ACADEMIC  JOB TITLE BUT PERFORM INSTRUCTIONAL
 DUTIES, BY CAMPUS; AND
   F. THE MEAN AND MEDIAN CLASS SIZE BY CAMPUS FOR PART-TIME  NON  TENURE
 TRACK  FACULTY AND INSTRUCTIONAL STAFF IN THE TWO THOUSAND TWENTY-THREE-
 -TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR AND  IN  THE  ACADEMIC  YEAR  IN
 WHICH THE REPORT IS PREPARED.
   24.  COMMENCING IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-
 FOUR ACADEMIC YEAR EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY
 UNIVERSITY OF NEW YORK SHALL MAINTAIN, AT A  MINIMUM,  A  RATIO  OF  ONE
 ACADEMIC ADVISOR PER SIX HUNDRED FULL-TIME EQUIVALENT STUDENTS. COMMENC-
 ING  IN  THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE ACADEMIC
 YEAR, THE MINIMUM STAFFING RATIO FOR ACADEMIC ADVISORS AT EACH COMMUNITY
 COLLEGE AND SENIOR COLLEGE OF THE CITY UNIVERSITY OF NEW YORK  SHALL  BE
 ONE  ACADEMIC  ADVISOR  PER  EVERY  FOUR  HUNDRED  FULL-TIME  EQUIVALENT
 STUDENTS. COMMENCING IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWEN-
 TY-SIX ACADEMIC YEAR, THE MINIMUM STAFFING RATIO FOR  ACADEMIC  ADVISORS
 AT  EACH  COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY UNIVERSITY OF
 NEW YORK SHALL BE ONE ACADEMIC ADVISOR FOR EVERY THREE HUNDRED FULL-TIME
 EQUIVALENT STUDENTS. COMMENCING  IN  THE  TWO  THOUSAND  TWENTY-SIX--TWO
 THOUSAND  TWENTY-SEVEN  ACADEMIC  YEAR,  AND  EVERY YEAR THEREAFTER, THE
 S. 4461--A                          5
 
 MINIMUM STAFFING RATIO FOR ACADEMIC ADVISORS AT EACH  COMMUNITY  COLLEGE
 AND  SENIOR  COLLEGE  OF  THE  CITY  UNIVERSITY OF NEW YORK SHALL BE ONE
 ACADEMIC ADVISOR FOR EVERY TWO HUNDRED AND FIFTY STUDENTS. THIS SUBDIVI-
 SION  SHALL NOT BE FUNDED BY STUDENT TUITION OR FEES CREATED ON OR AFTER
 ITS EFFECTIVE DATE.  COMMUNITY COLLEGES AND SENIOR COLLEGES IN THE  CITY
 UNIVERSITY  OF  NEW  YORK MAY SEEK FEDERAL FUNDING OR PRIVATE GRANTS, IF
 AVAILABLE, TO FURTHER EXPAND AND SUPPORT THE PROVISIONS OF THIS SUBDIVI-
 SION. ANY FACULTY AND STAFF HIRED  THROUGH  THE  ASSISTANCE  OF  FEDERAL
 FUNDING  OR PRIVATE GRANTS PURSUANT TO THIS SUBDIVISION SHALL BE TREATED
 AND CLASSIFIED AS FULL-TIME  PUBLIC  EMPLOYEES  AND  COVERED  UNDER  ANY
 COLLECTIVELY  BARGAINED  CONTRACTS IN THEIR RESPECTIVE BARGAINING UNITS.
 THE CITY UNIVERSITY SHALL REPORT ANNUALLY ON JULY FIRST TO THE CHAIR  OF
 THE  SENATE  FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
 COMMITTEE, THE CHAIR OF THE SENATE HIGHER EDUCATION COMMITTEE,  AND  THE
 CHAIR  OF  THE  ASSEMBLY  HIGHER EDUCATION COMMITTEE.   THE REPORT SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING CRITERIA:
   A. WHETHER THE CITY UNIVERSITY IS IN  COMPLIANCE  WITH  THE  MANDATORY
 MINIMUM  ACADEMIC  ADVISOR  STAFFING RATIOS ESTABLISHED PURSUANT TO THIS
 SUBDIVISION;
   B. THE NUMBER OF FULL-TIME ACADEMIC ADVISORS PER CAMPUS, AND NUMBER OF
 PART-TIME ACADEMIC ADVISORS, INCLUDING THOSE WHO  MAY  NOT  POSSESS  THE
 TITLE  ACADEMIC  ADVISOR BUT ARE PRIMARILY EMPLOYED TO PERFORM AND CARRY
 OUT THE DUTIES TYPICALLY ASSIGNED TO, AND FUNCTION AS, AN ACADEMIC ADVI-
 SOR; AND
   C. THE MEAN AND MEDIAN NUMBER OF STUDENT ADVISEES, PER  FULL-TIME  AND
 PART-TIME  ACADEMIC ADVISOR PER CAMPUS IN THE TWO THOUSAND TWENTY-THREE-
 -TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR AND  IN  THE  ACADEMIC  YEAR  IN
 WHICH THE REPORT IS PREPARED.
   §  5.  The second undesignated paragraph of section 6220 of the educa-
 tion law is amended by  adding  a  new  subparagraph  16-a  to  read  as
 follows:
   16-A.  PART-TIME  AND  ADJUNCT FACULTY SHALL RECEIVE WAGES AND COMPEN-
 SATION EQUAL TO THOSE IN THE LECTURER TITLE OF  THIS  SECTION  BASED  ON
 COMPARABLE  HOURS,  DUTIES AND LEVEL OF RESPONSIBILITY ASSIGNED TO THOSE
 IN THE TITLE OF LECTURER. COMMENSURATE INCREASES IN  WAGES  AND  COMPEN-
 SATION  FOR ADJUNCT FACULTY WITH PROFESSORIATE TITLES SHALL CORRELATE TO
 THE APPROPRIATE PROFESSOR, ASSOCIATE PROFESSOR, AND ASSISTANT  PROFESSOR
 TITLES AS BARGAINED.
   §  6. Section 22-c of the state finance law is amended by adding a new
 subdivision 7 to read as follows:
   7. FOR THE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND  TWENTY-
 TWO AND EVERY FIFTH FISCAL YEAR THEREAFTER, THE GOVERNOR SHALL SUBMIT TO
 THE  LEGISLATURE AS PART OF THE ANNUAL EXECUTIVE BUDGET, FIVE-YEAR CAPI-
 TAL PLANS FOR THE STATE UNIVERSITY OF NEW YORK STATE  OPERATED  CAMPUSES
 AND  CITY  UNIVERSITY  OF  NEW  YORK  SENIOR  COLLEGES. SUCH PLANS SHALL
 PROVIDE FOR THE ANNUAL APPROPRIATION  OF  CAPITAL  FUNDS  TO  COVER  ONE
 HUNDRED  PERCENT  OF THE ANNUAL CRITICAL MAINTENANCE NEEDS IDENTIFIED BY
 EACH UNIVERSITY SYSTEM, AND MAY INCLUDE FUNDS FOR NEW INFRASTRUCTURE  OR
 OTHER  MAJOR  CAPITAL  INITIATIVES,  PROVIDED  THAT SUCH FUNDING FOR NEW
 INFRASTRUCTURE OR  OTHER  MAJOR  CAPITAL  INITIATIVES  SHALL  NOT  COUNT
 TOWARDS  MEETING  THE  OVERALL  CRITICAL MAINTENANCE REQUIREMENT. IN THE
 EVENT THAT SUCH PLAN IS UNABLE TO FUND ONE HUNDRED PERCENT OF THE  CRIT-
 ICAL  MAINTENANCE  NEEDS DUE TO THE LIMITATION IMPOSED BY ARTICLE FIVE-B
 OF THIS CHAPTER, THE DIRECTOR OF  THE  BUDGET  SHALL  DEVELOP  FIVE-YEAR
 CAPITAL  PLANS  WHEREBY  THE  IMPLEMENTATION  OF EACH CAPITAL PLAN WOULD
 ANNUALLY REDUCE THE OVERALL FACILITY CONDITION INDEX FOR EACH UNIVERSITY
 S. 4461--A                          6
 
 SYSTEM. FOR THE PURPOSES OF THIS SUBDIVISION, "FACILITY CONDITION INDEX"
 SHALL MEAN AN INDUSTRY BENCHMARK THAT MEASURES  THE  RATIO  OF  DEFERRED
 MAINTENANCE DOLLARS TO REPLACEMENT DOLLARS FOR THE PURPOSES OF ANALYZING
 THE  EFFECT  OF INVESTING IN FACILITY IMPROVEMENTS. THE APPORTIONMENT OF
 CAPITAL APPROPRIATIONS TO EACH STATE-OPERATED CAMPUS OR  SENIOR  COLLEGE
 SHALL  BE  BASED ON A METHODOLOGY TO BE DEVELOPED BY THE DIRECTOR OF THE
 BUDGET, IN CONSULTATION WITH THE STATE UNIVERSITY OF NEW  YORK  AND  THE
 CITY UNIVERSITY OF NEW YORK.
   § 7. This act shall take effect immediately.